Imatges de pàgina
PDF
EPUB

having for the most part gradually devolved upon the quarter-sessions, which in some cases it is particularly directed to do by 1 Edw. IV. c. 2.-4 Bl. C. 274.

See further as to leet, Chitty's Burn, "Leet;" Com. Dig. "Leet;" Jacob's Law Dict. "Leet," "Tourn."

10. The Court of the Coroner.

This is a court of record, held before the coroner, to inquire (when any one dies in prison, or comes to a violent or sudden death) by what manner he came to his end. (See st. Edw. I., De Officii Coronatoris.)-4 Bl. C. 274.

The judges of the Court of King's Bench are coroners virtute officii.-4 Rep. 57 b; 4 Inst. 73.

But those before whom this court of the coroner is holden are elective coroners, being persons elected into that office for every county of England; and their number in each county is usually four, but sometimes six.-1 Bl. C. 347.

The coroner is chosen by all the freeholders in the county court.

The mode of proceeding on such election is regulated by 58 Geo. III. c. 95.

By stat. Westminster 1, it was enacted that none but lawful and discreet knights should be chosen coroners; but it seems now sufficient if a man have land sufficient to be made a knight, that is, land to the amount of £20 per annum, whether he is really a knight or not.-1 Bl. C. 347.

If the coroner has not enough to answer for fines that may be set upon him for any misbehaviour, his fine shall be levied on the county, for electing an insufficient officer. ---Ibid.

The coroner is allowed fee of office by 3 Hen. VII. c. 1, and 25 Geo. II. c. 29.-Ibid.

He is chosen for life, but by stat. 25 Geo. II. c. 29, may be removed for extortion, neglect, or other misbehaviour. -Ibid. 348.

The proceedings before the coroner must be super visum

corporis, and if the body is not found the coroner cannot sit.-Ibid.

He must also sit at the very place where the death happened.-Ibid.

The inquest must be taken within a reasonable time after the death of the party.-1 Str. 22; Salk. 377.

The inquest is to be composed of a jury from four, five or six of the neighbouring towns, over which the coroner is to preside. But in practice it is summoned from the neighbourhood only.--2 Hawk. c. 9, s. 22; 1 Bl. C. 348; 1 Sid. 204; 1 Keb. 723.

The jury must consist of twelve at least, and twelve must agree.-1 Hale, P. C. 161, note. And see 4 Barn. & Cres. 138.

If any be found guilty by this inquest of murder, or other homicide, the coroner is to commit to prison for further trial, and also to inquire concerning their lands, goods and chattels, which are forfeited thereby.-1 Bl. C. 348.

Whether homicide is found or not, he must inquire whether any deodand be accrued to the king, or the lord of the franchise, by this death.-Ibid.

He must certify the whole inquisition to the Court of King's Bench, or the next assizes.-Ibid.

By 7 Geo. IV. c. 64, s. 4, every coroner, upon any inquisition before him taken, whereby any person shall be indicted for manslaughter or murder, or as an accessary to murder before the fact, shall put in writing the evidence given to the jury before him, or as much thereof as shall be material, and shall have authority to bind by recognizance all such persons as know or declare anything material touching the said manslaughter or murder, or the said offence of being accessary to murder, to appear at the next court of oyer and terminer or gaol delivery, or superior criminal court of a county palatine, at which the trial is to be, then and there to prosecute or give evidence against the party charged. And every such coroner shall certify and subscribe the same evidence, and all such recognizances, and also the inquisition before him taken, and shall deliver

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

« AnteriorContinua »