the same to the proper officer of the court in which the trial is to be, before or at the opening of the court.

By sect. 5, a coroner neglecting these provisions is liable to be fined by the court to which he ought to have delivered the examinations, &c.

Another branch of the coroner's office is to inquire concerning shipwrecks, and certify whether wreck or not, and who is in possession of the goods.—1 Bl. C. 349.

He is also a conservator of the king's peace, and becomes a magistrate by virtue of his appointment, being empowered to cause felons to be apprehended, as well after inquisition found against them as otherwise.--Jervis on Coroners, 21.

11. The Court of the Clerk of the Market.

This is a court incident to every fair and market in the kingdom, to punish misdemeanors therein.-4 Bl. C. 275.

The object of the jurisdiction is principally the recognizance of weights and measures, to try whether they are according to the true standard or not. (See stat. 17 Car. II. c. 19; 22 Car. II. c. 8; 23 Car. II. c. 12; 5 Geo. IV. c. 74; 6 Geo. IV. c. 12.)-Ibid.

This is the most inferior court of criminal jurisdiction in the kingdom. Ibid.

12. The Courts of the Universities.

Oxford.

When an indictment is found at the assizes, or elsewhere, against any scholar of the university, or other person intitled to its privilege, the vice-chancellor may claim the cognizance of it; and when claimed in due time and manner, it ought to be allowed him by the judges of assize. -4 Bl. C. 278.

As to the time and manner of claiming cognizance, see 5 Burr. 2820; 1 Bl. Rep. 454; 2 Wils. 310; 2 Wils. 406; Bac. Ab." Universities."

When the cognizance is allowed, if the offence be a misdemeanor only, it is tried in the Court of the Chancellor of Oxford, by the ordinary judge.—-4 Bl. C. 278.

If the offence be treason, felony, or mayhem, then by charter, 5 Jun. 2 Hen. IV., confirmed by 13 Eliz. c. 29, it is to be tried before the high steward of the university, to be nominated by the chancellor of the university, and approved by the Lord Chancellor of England.-Ibid. 277.

A commission under the great seal issues in such case, authorizing the high steward and others to try the indictment then depending, according to the law of the land and the privileges of the university.-Ibid.

The high steward issues his precept to the sheriff of the county, who returns a panel of eighteen freeholders; and another precept to the bedels of the university, who return a panel of eighteen matriculated laymen; and the indictment is tried by a jury de medietate in the Guildhall of the city of Oxford.-Ibid. 278.

If execution becomes necessary, it must be done by the sheriff of the county, under the university process.—Ibid.

Cambridge.

Courts of the same description belong to the University of Cambridge, and their jurisdiction and course of proceeding appear to be in general the same with those of Oxford. Vide Bac. Ab., tit. "Universities."

CHAPTER XVIII.

OF SUMMARY CONVICTIONS.

By a summary conviction is meant a conviction without the intervention of a jury.--4 Bl. C. 280.

1. Proceedings before Commissioners of Excise. These are unknown to the common law, and depend on statutable enactments. For the regulations and course of proceeding, vide 7 & 8 Geo. IV. c. 53, and Chitty's Burn, "Excise and Customs."

2. Convictions before Justices of the Peace.

This jurisdiction is also unknown to the common law, and derived entirely from special statutory provisions, directing such method of proceeding in respect of the particular offence.-4 Bl. C. 280.

If a magistrate acts as judge in a matter in which he is himself concerned, it is a misdemeanor.-2 Ld. Raym. 766.

If the magistrate refuses to entertain a case without sufficient cause, he may be compelled to do so by mandamus. -6 T. R. 198.

Upon a sufficient information, properly laid, the course is to issue a summons to the party accused.-Ibid. and 4 Bl. C. 283.

A summons is indispensable, and to proceed without issuing one has been treated as a misdemeanor in the magistrate.-Ibid.; Str. 678; 7 Dow. & Ry. 663.

The summons should in general be signed by the magistrate who issues it, and directed to the party accused. See 2 East, 365.

It should contain the substance of the charge, and fix

the day of appearance, allowing a sufficient time for the attendance of the party and his witnesses.-1 Str. 261.

It should also express a certain place at which the party is to appear.-Ibid. 46.

If the magistrate proceeds in the defendant's absence upon a summons defective in these particulars, he is liable to an information in the King's Bench.-Ibid.

In general the service of the summons must be personal. -10 Mod. 344.

But with respect to many offences, a service at the dwelling-house is made sufficient by the act of parliament which authorizes a summary conviction.

And in such cases, leaving a copy at the dwelling-house with a servant is sufficient.-14 East, 267.

Upon the defendant's appearance he ought to be called upon to plead.-1 T. R. 320.

And the magistrate then proceeds to examine one or more witnesses (as the statute may require) in support of the charge.

The witnesses must be examined in all cases upon 4 B. & A. 616; 4 Dow. & Ry. 83.

oath.

And the witnesses must be sworn and examined (when the defendant appears) in his presence.-2 Burr. 1163.

The conviction is to be made in writing.-4 Bl. C. 283. Upon conviction, the course in general is to issue a warrant to apprehend the offender, in case corporal punishment is to be inflicted; or else to levy the penalty incurred, by distress and sale of his goods.—Ibid.

If it happens that the statute only gives a power to convict, without making provision for the recovery of the penalty, there seems to be no means of carrying the law into effect.-4 Bl. C. 283, n. (4) by Ryland.

When the magistrate is empowered by the statute to issue his warrant, on refusal or neglect of payment in a certain number of days, it seems that no demand is necessary after the expiration of the time and before the warrant issues.-6 East, 75.

The warrant should be under the hand and seal of the

magistrate, and directed to the constable of the parish where the seizure is to take place.-4 Bl. C. 283, n. (4) by Ryland.

In general it should appoint a time and place for returning it. Ibid.

The constable is the proper officer to execute it.-Carth. 78.

And he is indictable for refusal or wilful neglect.--Fort.

127.

If the warrant be directed to all constables generally, no particular constable can execute it out of his own district; but if directed to a particular constable by name, he may execute it anywhere within the jurisdiction of the magistrate.-2 Dow. & Ry. 444; 1 Barn. & Cres. 288.

If the offender be a feme covert, the goods of the husband cannot be distrained for the penalty.-11 Rep. 61 b.

The constable cannot break open outer doors for the execution of the warrant, except the forfeiture, or a part of it, belongs to the king.-2 Hawk. c. 14, s. 5; 1 Barn. & Ald. 227.

The method of summary proceedings before a justice or justices of the peace is in general as above stated, but for particulars, recourse must be had to the particular statute which creates the offence, and defines the mode of proceeding upon it.

-

And see the following statutes, prescribing the mode of proceeding on summary conviction in certain classes of offence: 7 & 8 Geo. IV. c. 53; 3 & 4 Will. IV. c. 53, s. 78, (acts relating to excise and customs); 10 Geo. IV. c. 44, and 3 Will. IV. c. 19, (acts for improving the police of the metropolis); 7 & 8 Geo. IV. c. 29, s. 65, (act for consolidating the laws relative to larceny and offences connected therewith); 7 & 8 Geo. IV. c. 30, s. 29, (act for consolidating the laws relative to malicious injuries to property); 7 & 8 Geo. IV. c. 31, s. 8, (act for consolidating the laws relative to remedies against the hundred); 9 Geo. IV. c. 31, s. 33, (act for consolidating the statutes. relative to offences against the person).