is no admiralty deputy-coroner, the coroner having jurisdiction in the place where the body is first brought to land (f), shall hold the inquest. By sect. 2, the detached part of a county is to be deemed within that county by which it is surrounded, or with which it has the longest common boundary. By sect. 3, trials for murder or manslaughter on the coroner's inquisition may take place in the county in which it was holden. Section 4 relates to deodands. The above enactments were occasioned by a decision in the queen's bench, in a case where a person injured by an accident on a railway, out of the borough of Reading, died at the Berkshire hospital within it, and the inquest on his corpse by the borough coroner, was held bad (g). They are not affected by 7 & 8 Vict. c. 61, see sect. 1. By sect. 6 of 6 Vict. c. 12, the jurisdiction of a coroner appointed expressly for, and having jurisdiction only in a part of a county detached from the main body of it, is saved during his life, or till his resignation or removal from office.

Medical Witnesses at Inquests.]-The injustice of compelling the attendance of medical witnesses on inquests, without fair remuneration, had been long felt as a grievance by that profession. By a late enactment, a coroner may order any legally qualified medical practitioner, who attended the deceased during his last illness, or if he was not so attended, then any such practitioner in actual practice in or near the place where the death happened, to attend as a witness at an inquest, and may direct a post mortem examination by him (h). Such medical witness is entitled to a fee of one guinea for attending the inquest, and to an additional guinea for making a post mortem examination by the coroner's order (i), to be paid him by the coroner at the termination of the proceedings at the inquest (j).

Expenses of Coroners' Inquests.]—No certain provision was made by law for the expenses of coroners' inquests on dead bodies, though they were usually paid out of the poor rates, till it was lately enacted that the general or quarter sessions for every county, riding, division, or district in England and Wales shall make a schedule of the fees, allowances, and disbursements which, on holding of any inquest on any dead body within such county, &c., may be lawfully paid by the coroner holding the same (other than the fees payable to medical witnesses under 6 & 7 W. IV. c. 89);

(f) See Reg. v. Hinde, 13 L. J. (M. C.) 150, E. 1844.

(g) Reg. v. Great Western Railway Company, 3 Q. B. R. 338.

and shall deposit a copy of such

(h) 6 & 7 W. IV. c. 89, s. 1.
(i) Id. s. 3, sch. B.

(j) 7 W. IV. & 1 Vict. c. 68, s. 2.

schedule with every coroner of the county, &c., and with the clerk of the peace. The coroner is to advance and pay all the expenses of holding the inquest immediately after the proceedings terminate (k); and must, within four months after holding any inquest, cause a full and true account of all sums paid by him under 7 W. IV. & 1 Vict. c. 68, including all sums paid to any medical witness (pursuant to 6 & 7 W. IV. c. 89), to be laid before the justices assembled in quarter sessions for the county, or at any adjournment thereof; and must accompany the account with such vouchers as under the circumstances may seem reasonable to the justices. He may be examined on oath by them as to such account, and they, when satisfied of its correctness, are to make an order on the county treasurer for payment, not only of the sum due thereon to the coroner, but also of 6s. 8d. for every inquest held by him over and above all other fees and allowances to which he is now by law entitled. And such treasurer shall, out of the monies in his hands arising from the county rates, pay the coroner the sum mentioned in such order, without abatement or deduction; and shall, on passing his own accounts, be allowed all sums paid by him in pursuance of such order (1). The act applies to London and Southwark (m), and gives to town councils in boroughs the same powers as justices in sessions for counties, &c.

On application for fees under these statutes the court of quarter sessions have a discretionary power to consider whether the inquest was necessarily and duly taken; and if they find it was either needlessly holden or illegally conducted, they may properly refuse an order for fees. Thus if the court of quarter sessions shall be of opinion, that although the party on whom the inquest was held, died a sudden death, there was no ground for supposing that he died other than a natural death, they ought to refuse the order (n). So if the coroner take inquisition on bodies cast up by the sea, which it is the usage to bury (see 48 G. III. c. 75), or inquisition manifestly informal, as if signed only by the coroner and foreman, the justices may fitly withhold the fees (o). On ap

great discomfort, without any pretence of the deceased having died otherwise than a natural death, which was highly illegal. Though 4 Ed. I. st. 2, de officio coronatoris, requires a coroner to go to the place where any one is slain or sodainely dead or wounded," it gives him no jurisdiction, unless on reasonable suspicion that the party came to his death by violent or unnatural means. See 3 Q. B. R. 340.

(0) Nolan's Rep. 144. By 6 & 7 Vict. c. 84, s. 2, after 22nd August

plication of this kind the court of quarter sessions is to judge whether the inquisitions have been duly taken; and if there be no reason for imputing to them that they have exercised their judgment with any improper bias, the court of queen's bench will not disturb it (p).

County Treasurer.]-This officer is a person resident in the county or division appointed by the justices in general or quarter sessions, on first giving (9) security (r) to account for the county rates paid to them, and to pay sums ordered by the sessions, and faithfully to execute his trust (s). An alderman and justice of peace of a city is not capable of being appointed treasurer of the county of that city (t). A de facto election by the quarter sessions suffices (u); nor need it any longer be

1843, no inquisition found upon or by any coroner's inquest, nor any judg ment recorded upon or by virtue of any such inquisition, shall be quashed, stayed, or reversed, for want of the averment therein of any matter unnecessary to be proved, nor for the omission of the words "with force and arms," or of the words "against the peace," or of the words "against the form of the statute," nor for the omission or insertion of any other words or expressions of mere form or surplusage, nor for the insertion of the words "upon their oath," instead of the words "upon their oaths," nor for omitting to state the time which the offence was committed when time is not the essence of the offence, nor for stating the time imperfectly, nor because any person or persons mentioned in any such inquisition is or are designated by a name of office or other descriptive appellation instead of his her or their proper name or names, nor by reason of the non-insertion of the names of the jurors in the body of any such inquisition, or of any difference in the spelling of the names of any of the jurors in the body of any such inquisition, and the names subscribed thereto, nor because any juror or jurors shall have set his or their mark or marks to any such inquisition instead of subscribing his or their name or names thereto, nor because any such mark or marks is or are unattested, provided the name or names of such juror or jurors is or are set forth, nor because any juror or jurors has or have signed his or their christian name or names by means of an initial or partial signature only and not at full length, nor because of any erasures or interlineations appear

ing in any such inquisition, unless the same shall be proved to have been made therein after the same was signed, nor for want of a proper venue where the inquest shall appear or purport to have been taken by a coroner of or for the county, riding, city, borough, liberty, division or place in which it shall appear or purport to have been taken, nor (except only in cases of murder or manslaughter) for or by reason of any such inquisition not being duly sealed or written upon parchment, nor by reason of any such inquisition having been taken before any deputy instead of the coroner himself, nor because the coroner and jury did not all view the body at one and the same instant, provided they all viewed the body at the first sitting of the inquest; and in all or any of such cases of technical defect as are hereinbefore mentioned, it shall be lawful for any judge of either of H. M.'s courts at Westminster, or any judge of assize or gaol delivery, if he shall so think fit, upon the occasion of any such inquisition being called in question before him, to order the same: to be amended in any of the respects. aforesaid; and the same shall forthwith. be amended accordingly.

(p) R. v. Kent (Justices), 11 East,

230.

(7) Giving the security is not a condition precedent to the party becoming treasurer or responsible to the justices, R. v. Patteson, 4 B. & Adol. 9.

(r) As to the bond, see Farr v. Hollis, 9 B. & C. 315.

(8) 12 G. II. c. 29, s. 6.
(t) R. v. Patteson, supra.

(u) R. v. Herefordshire (Justices), I Chitt. R. 709.

certified to the queen's bench (x). The sessions may continue him from time to time in his office, may remove him at pleasure, and appoint another (y). By sect. 7 & 8, he must keep account of receipts and payments, and deliver in a true account thereof every general or quarter sessions, on oath if required, with proper vouchers; which when passed shall be deposited with the clerk of the peace. By sect. 3, the discharge of the justices by their order at sessions is a sufficient release. By sect. 12, his salary was 207.; but may now be increased by the sessions, and paid out of the county rate (z). He must publish yearly an abstract of his accounts (a), and must attend the sessions by himself or sufficient deputy, to pay costs of prosecutions, &c., allowed by the court.

SECTION VI.

OF GAOLERS, KEEPERS OF HOUSES OF CORRECTION, &C.

It is the duty of all gaolers to attend on the court of quarter sessions. Under this denomination are comprehended all persons who have the custody or superintendence of the prisons to which the jurisdiction and cognizance of the sheriff or of the justices of the county extend, by whatever name they may be usually called. Besides the obvious duties of the gaoler, in bringing the prisoners in custody who are to take their trials; in bringing vagrants who are to be further committed or discharged; and in taking charge of such other prisoners as may be committed to his care by the court, he has important duties to discharge, which have been distinctly ascertained by the recent statute for consolidating the laws relating to prisons (b). By that act the keeper of every gaol or house of correction is required "to keep a journal, in which he shall record all punishments inflicted by his authority or that of the visiting justices, and the day when such punishments shall have taken place, and all other occurrences of importance within the prison, in such manner as shall be directed by the regulations to be made under that act (that is, by the regulations made or confirmed at every Michaelmas quarter sessions); which journal shall be laid before the justices at every general or quarter sessions, to be signed by the chairman, in proof of the same having been there produced" (c). By the same statute he is further required to make a report, in writing, of the

(x) 53 G. III. c. 113, s. 1, repealing

11 G. II. c. 20, s. 3.

(y) 12 G. II. c. 29, s. 12.

(a) Id. s. 18.

(b) 4 G. IV. c. 64.
(c) 4 G. IV. c. 64, s. 10.

(z) 55 G. III. c. 51, s. 17.

actual state and condition of the prisons under his charge, and of the number and description of prisoners confined therein, to the justices at every general or quarter sessions; and to attend at such sessions, and give answers upon oath to all such inquiries as shall be made by the justices at such sessions, with respect to the state and condition of the gaol and of the prisoners, and any other matters relating to the prison respecting which they may deem it necessary to inquire, for the purpose of carrying that statute into effect, and of ascertaining how far the classification required by the act can be reduced to practice (d). He is also enjoined by the same act at every quarter sessions of the peace, to deliver or cause to be delivered to the court a certificate signed by himself, containing a declaration how far the rules laid down for the government of his prison have been complied with, and pointing out any and every deviation therefrom which may have taken place, on pain of forfeiting 101. (e). He is likewise required, one week before the Michaelmas session in every year, to make up a return of the state of his prison in the year then ending, in the form contained in the schedule annexed to that act marked (B.), and to deliver or cause the same to be delivered to the clerk of the peace or his deputy, for the use of the justices assembled at such quarter sessions (f). Nor do his duties, in respect of the sessions, cease with them; for he is further required, on the second day after their termination, to transmit by the post to one of her majesty's principal secretaries of state a calendar, containing the names, the crimes, and the sentences of every prisoner tried at such session, under penalty of 201. if he shall neglect or refuse to transmit such calendar, or shall wilfully transmit a calendar containing any false or imperfect statement (g).

Prisoners in Houses of Correction.]-Felons may be committed to a house of correction, being a public gaol under one of the queen's gaolers, where the practice has been so since 1715 (h). The attention of the legislature has been directed to take away the inconvenience and expense found to result from the practice of committing to the common gaol of a county, persons charged with offences intended to be tried at county assizes or sessions holden at places distant

(d) 4 G. IV. c. 64, s. 14.

(e) 4 G. IV. c. 64, s. 21. The certificate may be thus headed :—

At the general quarter session of the peace for, holden at, this day of, in the year of our Lord the certificate of according to the

statute in such case made and provided,
respecting the gaol of under his
care as gaoler or keeper.
(f) 4 G. IV. c. 64, s. 22.
(g) 4 G. IV. c. 64, s. 20.

(h) See Evans, ex parte, 8 T. R. 172; Aston, ex parte, 12 M. & W. 456.