be holden; 5 & 6 W. 4, c. 38, s. 3; if absent, he may grant a warrant to apprehend him. Felo de se.] If the inquest find the deceased felo de se, that is, that he voluntarily killed himself when of sound mind and of the age of discretion, the coroner "shall give directions for the private interment of the remains of such person felo de se, without any stake being driven through the body of such person, in the churchyard or other burial ground of the parish or place in which the remains of such person might by the laws or custom of England be interred if the verdict of felo de se had not been found against such person;-such interment to be made within 24 hours from the finding of the inquisition, and to take place between the hours of nine and twelve at night," 4 G. 4, c. 52, s. 1, and without the rights of christian burial. Id. s. 2. Deodand.] If the inquest find the death to have happened per infortunium, occasioned by some animal, or by some thing without life which is not attached to the freehold, as for instance, that the deceased was killed by a fall from a horse or a cart, or the like, without the default or procurement of any person, the animal or thing which caused the death is forfeited to the Queen, 1 Hawk. c. 26, s. 3, and the inquest set a value upon it. Id. s. 8. If a thing without life be the cause of the death, if it be standing still at the time, only that part of it which was the immediate cause shall be forfeited as a deodand; but if it were moving, then the whole shall be a deodand: as for instance, if a man be killed by a fall from the wheel of a waggon which is not moving, the wheel only is forfeited; but if the waggon were moving, the whole waggon, and the horses also which were drawing it, are a deodand. Id. s. 6. If a man be killed by a fall from a waggon, whilst moving, the waggon and horses are forfeited (as has just now been mentioned) but not the loading; but if he be killed by a wheel passing over him, the waggon, horses and loading are all forfeited. Id. If a man fall from a ship at sea, and be drowned, the ship is no deodand; but if the ship be moving in fresh water, it is forfeited, but not the loading. Id. The coroner must make out an account of all deodands, and certify them into the court of Exchequer, and transmit the account to the commissioners of the treasury and the commissioners of audit. 3 & 4 W. 4, c. 99, s. 29. 3. Coroner's Fees. What fees, and how paid.] For every inquisition (not taken upon the view of a body dying in gaol) which shall be duly taken in any township or place contributing to the county rate, the coroner shall have 20s., and also 9d. for every mile he shall be compelled to travel from his usual place of abode to take such inquisition: to be paid by order of the justices in sessions, out of the county rates; for which order no fee shall be paid. 25 G. 2, c. 29, s. 1. The 9d. per mile, is to be paid to him for the number of miles he has to travel from his home, but not for the number of miles he travels in returning. R. v. JJ. of Oxfordshire, 2 B. & A. 203. And if he hold two or more inquisitions on the same day, at the same place, he is only entitled to one sum of 9d. per mile from the place of his abode to the place of taking the inquisition. R. v. JJ. of Warwick, 5 B. & C. 430. The justices are judges whether an inquisition in a particular case was necessary, and duly taken or not; and if they refuse to allow the coroner's fees for it, because they were of opinion that there was no ground for holding it, the court of Queen's Bench will not interfere to compel them. R. v. JJ. of Kent, 14 East, 229. See 1 Vict. c. 68, s. 3, ante, p. 293. And for every inquisition taken on view of a body dying in prison, the coroner shall be paid so much as the justices at sessions shall allow, not exceeding 20s., to be paid in like manner. 25 G. 2, c. 29, s. 2. In boroughs, in which a separate court of quarter sessions shall be holden, the coroner of such borough, for every inquisition which he shall duly take within such borough, shall be entitled to have the sum of 20s., and also the sum of 9d. for every mile, exceeding two miles, he shall be compelled to travel from his usual place of abode to take such inquisition, to be paid by the treasurer of the borough out of the borough fund, by order of the court of quarter sessions of such borough. 5 & 6 W. 4, c. 76, s. 62. See 1 Vict. c. 68, s. 3. 4. Neglect of duty, &c. by Coroners. "If any coroner, not appointed by virtue of an annual election or nomination, or whose office of coroner is not annexed to any other office, shall be lawfully convicted of extortion, or wilful neglect of duty, or misdemeanor in his office:" the court before whom he is convicted, may adjudge him to be removed from his office; and thereupon, if he were elected by the freeholders, a writ shall issue to elect another; or if appointed in other manner, upon notice of the conviction to the person having the appointment, he shall appoint another to the office. 25 G. 2, c. 29, s, 6. See R. v. Harrison, 1 East, P. C. 482. Pecuniary penalties of 100s. by stat. 3 H. 7, c. 1, and of 40s. by stat. 1 H. 8, c. 7, were also inflicted on coroners for being remiss in the execution of their duty. Also, where a coroner, being imprisoned out of the county, was prevented from executing the duties of his office, this was holden in Chancery to be a good ground for removing him from his office, although in his absence another coroner of the same county had performed his duties. Ex. p. Parnell, 1 Jac. & W. 451. In the same case it was ruled that the lord chancellor has authority, independently of the above statute, 25 G. 2, c. 29, to remove a coroner from his office for neglect of duty; and the practice is, to issue the writ de coronatore exoneranda, and the writ de coronatore eligendo, at the same time. Id. CORPORATION. See "" Constable," "Coroner," ," "Justices," " "Sessions." COSTS. Justices of the peace have no authority at common law to award costs, upon any proceeding before them; whatever authority they have upon the subject, is given to them entirely by statute. In cases of summary convictions, this authority is given to them, in most cases, by the statute creating the offence; but a general authority is also given to them by stat. 18. G. 3, c. 19, which we have already considered ante, p. 269, under the title "conviction." In cases of indictments for felony, and for some species of misdemeanor, the expenses of the prosecutor and witnesses, &c. may be ordered by the court in which the case is prosecuted, or the prosecutor bound over to appear, and is paid by the treasurer of the county or borough, out of the county or borough rate. See post, tit. Trial. In indictments for a nuisance arising from the furnace of a steam-engine, the court have power to award costs to the prosecutor, to be paid by the defendant; 1 & 2 G. 4, c. 41, s. 1 ; and in indictments for the non-repair of a highway, the court may award costs to the prosecutor, to be paid by the parties indicted, if the defence appears to be frivolous or vexatious. 5 & 6 W. 4, c. 50, s. 98. And generally, the cases in which costs may be awarded by statute, will be found under their proper heads, in the course of this work. 1. For what purposes. 2. Rate, when and how made, &c. p. 298. 6. Borough Rate, p. 309 1. For what parposes a county rate may be made. The purposes to which a county rate is applicable, are noticed under their proper heads, in the course of this work. The following concise list of them, is given, for the purpose of referring to them. Apprentices, cost of prosecuting the master for ill treatment of: 32 G. 3, c. 57, s. 11. See ante, p. 107. Bridges, repairing; 22 H. 8, c. 5. 1 Ann, c. 18. p. 178. See ante, Coroner's fees, 25 G. 2, c. 29. Vict c. 68. See ante, p. 294. Dead bodies cast on shore, burial of; 48 G. 3, c. 75. s. 6. Post. Fine upon the county, expenses of litigating and setting it aside. R. v. Essex, 4 T. R. 591. Gaols and houses of correction, building and repairing; 4 G. 4, c. 64; for setting the prisoners to work; Id. Salaries to chaplain, officers, &c. Id. Insolvents, expenses of bringing them up before a commissioner on circuit, and the expenses of court houses, clerks, &c. 1 & 2 Vict. c. 110, s. 109. Lunatics, county asylums for; 9 G. 4, c. 40. Prisoners, charges of conveying them to prison, 27 G. 2, c. 3, s. 1, ante, p. 240; gaoler's fees for, 55 G. 3, c. 50. 56 G. 3, c. 60; allowance to, on being discharged, 5 G. 4, c. 85, s. was prevented from executing the duties of his office, this was holden in Chancery to be a good ground for removing him from his office, although in his absence another coroner of the same county had performed his duties. Ex. p. Parnell, 1 Jac. & W. 451. In the same case it was ruled that the lord chancellor has authority, independently of the above statute, 25 G. 2, c. 29, to remove a coroner from his office for neglect of duty; and the practice is, to issue the writ de coronatore exoneranda, and the writ de coronatore eligendo, at the same time. Id. CORPORATION. See "Constable," "" Sessions." COSTS. Justices of the peace have no authority at common law to award costs, upon any proceeding before them; whatever authority they have upon the subject, is given to them entirely by statute. In cases of summary convictions, this authority is given to them, in most cases, by the statute creating the offence; but a general authority is also given to them by stat. 18. G. 3, c. 19, which we have already considered ante, p. 269, under the title "conviction." In cases of indictments for felony, and for some species of misdemeanor, the expenses of the prosecutor and witnesses, &c. may be ordered by the court in which the case is prosecuted, or the prosecutor bound over to appear, and is paid by the treasurer of the county or borough, out of the county or borough rate. See post, tit. Trial. In indictments for a nuisance arising from the furnace of a steam-engine, the court have power to award costs to the prosecutor, to be paid by the defendant; 1 & 2 G. 4, c. 41, s. 1 ; and in indictments for the non-repair of a highway, the court may award costs to the prosecutor, to be paid by the parties indicted, if the defence appears to be frivolous or vexatious. 5 & 6 W. 4, c. 50, s. 98. And generally, the cases in which costs may be awarded by statute, will be found under their proper heads, in the course of this work. COTTON AND WOOLLEN MILLS. See "Manufactures." |