the election to-day, but will proceed on the 27th of this month." After some further argument, the Judges delivered their opinions. The LORD CHIEF JUSTICE of the COMMON PLEAS, This election of a coroner is not valid. Whatever might have been the practice as to such elections formerly, the preamble of the act shews, that it was the object of the 58 G. 3. c. 95. to settle the mode of electing coroners, and it fixes in distinct terms when the election is to take place, and how it is to proceed. The act begins by reciting that there are no sufficient regulations for the election of coroners; and it enacts, that every such election shall be made at the next county court, after the receipt of the writ, unless the same fall out to be held within six days; and in case the election be not determined on the view, but a poll shall be demanded, the sheriff, or those deputed by him, shall forthwith proceed to take the poll, and every such poll shall be regularly proceeded in from day to day, Sunday excepted, until the same be finished. Now, it appears that the writ for electing a new coroner was lodged in the under-sheriff's office on the 1st of April; and that the next county court occurred on the 13th of that month. On that day the sheriff ought to have proceeded to the election; and he did not do so. It is said, he adjourned the election, and that the power of adjournment is incident to every court. The question of adjournment, however, does not arise; for, to adjourn, you must begin; and there was no beginning of the election on the 13th. The sheriff says, "I will not begin on this day, and I will adjourn the court till the 27th of April." If the election had begun Kk 4 on 1826. In the Matter of a Coroner for STAFFORD. 1826. on the 13th, he could not have adjourned it for such a In the Matter length of time; for, in the subsequent part of the section, of a Coroner it is enacted, that "the poll shall be duly and regularly proceeded in from day to day, Sunday excepted, until the same be finished." If there is an adjournment, it is to be from day to day. for STAFFORD. The case cited from Rose has no bearing on the question. The commissioners there postponed the actual choice of assignees, but there were preparatory steps which were taken. For these reasons, I am of opinion that this election is void. The LORD CHIEF JUSTICE of the KING'S BENCH. I also am of opinion, that the election on this occasion is a void election. This act, made for the express purpose of regulating the elections of coroners of counties, enacts in very distinct terms, that the election shall take place at the next county court after the receipt of the writ, unless that county court falls out to be holden within six days of the receipt of the writ. On the present occasion, the writ was received more than six days before the next county court; and the sheriff did not, at the next county court, take any step towards the election. Whether, if he had begun the election, he might have adjourned it, we need not consider; because it is manifest by the affidavits that he did not begin. He had, in truth, to a certain extent, disabled himself from beginning; for, on the 1st of April, he had given notice to the candidates of his intention to proceed to the election on the 27th. So that, if he had begun the election on the 13th, he would have disappointed them, and they might have had some reason to complain. The notices shew, that, on the 5th, he had fixed his pur pose 1826. In the Matter pose not to proceed to the election at the next county court. In so doing, his conduct was contrary to the directions of this act of parliament, the only object of of a Coroner which is, to fix the time and manner of electing coroners. Where the object of an act of parliament is to ordain that something shall be done, which was not done before, and it goes on to enact, that that thing shall be done within a time mentioned, it has been held in some cases, which might have been referred to, that the provisions as to time are directory only; and that the thing, though not done within the prescribed time, may be done afterwards. And it has been so held for this reason, that, if the thing, not having been done within the time limited, be not allowed to be done afterwards, the primary object of the legislature, which was, that the thing should be done, would be disappointed. As to the election of assignees, for instance, the bankrupt acts require that assignees should be chosen; they direct also, that they should be chosen at a meeting of creditors to be held within a certain time. The time, however, is but a secondary object; the election of assignees is the primary object. Not so with this act; the sole object of which is, to regulate the time and mode of electing coroners. for STAFFORD. The LORD CHANCELLOR. I concur with the Lord Chief Justice of the King's Bench, and the Lord Chief Justice of the Common Pleas, in the opinion that this election is void. I inclined to that opinion strongly from the beginning, and before I heard their reasoning: but the matter seemed to me to be of very considerable importance, as the undue election of coroners is attended with very incon venient 1826. venient consequences; and I, therefore, thought it In the Matter necessary to give as much authority as possible to my of a Coroner own decision. for STAFFORn. This election must be declared void, and a new writ must issue. September 11. 24. A testator, who died in 1818, after devising a freehold house to his wife and her heirs, devised the residue of his freehold estates, situate THE WHITE v. VITTY. HE will of James Allen, dated the 21st of February 1816, and duly executed and attested, was in the following words : "I direct all my debts which I shall justly owe at the time of my decease, to be paid by my executors hereinafter named, out of my personal estate. I give and devise unto my loving wife, Elizabeth, the house in the parish of Harston, wherein I now live, together with the yard and in the county homestall there adjoining; also the garden in front of of Cambridge, the same, and the close of pasture situate and being in four specified parishes, or elsewhere to two trus tees and their heirs, upon behind the trusts thereinafter declared concerning the same; that is to say, upon trust that they should sell his several copyholds in the parishes aforesaid, and, after satisfying the costs of the sale out of the monies thence arising, should pay the residue to his executor for the purpose of satisfying, in the first place, certain legacies; and he then devised all the residue of his real and personal estate to A. B.: the testator, besides freeholds and copyholds situate in the four parishes, had freeholds not situate in the county of Cambridge, and copyholds not situate within the four parishes; and all the copyholds had been surrendered to the use of his will: Held, That the beneficial interest in all the freeholds, whether situate in the county of Cambridge or elsewhere, passed to the residuary devisee: That the legacies were a charge only on the copyholds situate in the four parishes: That no estate in those copyholds passed to the trustees, but only a power to sell: That any surplus of the monies arising from the sale, which might remain after satisfying the legacies, passed by the residuary clause: That the copyholds not situate within the four parishes passed to the residuary devisee. behind the said house; to hold the same unto my said wife, her heirs, and assigns for ever. I give and bequeath unto my said wife the sum of 6000l. sterling, together with all my household furniture, plate, linen, china, to and for her own absolute use and benefit. I give and devise all the rest and residue of my freehold estates situate, lying, and being in the several parishes of Melbourne, Harston, Newton, and Hanxton, or elsewhere in the said county of Cambridge, with their several and respective rights, members, and appurtenances, unto Richard Vitty and Pearse White, or the survivor of them, their heirs, and assigns, upon the trusts and to and for the ends, intents, and purposes hereinafter mentioned, expressed, and declared of and concerning the same; (that is to say), upon trust that they the said Richard Vitty and Pearse White, or the survivor of them, or his heirs, do and shall, within the time or space of twelve calendar months next after my decease (a), sell and dispose of all my copyhold estates in the several parishes aforesaid, with their several and respective rights, members, and appurtenances, either together or in parcels or lots at public auction or auctions, or by private contract or contracts, for such price or prices in money as they, my said trustees, or the survivor of them, or the heirs of such survivor, can get or obtain for the same; and, after paying and discharging all costs, charges, and expenses in or about such sale or sales, shall and do apply and dispose of the residue of the money to arise from or be produced by such sale or sales in manner hereinafter mentioned; (a) In the argument at the bar, it was stated to have been ascertained, that in the will, as executed by the testator, a line, consisting of the following words, "sell and dispose of all the free hold estates so devised to them 1826. WHITE บ. VITTY. |