conviction or order. In such a case, it should appear upon the face of the commitment, that the charge was heard and the evidence given in the presence of the prisoner; otherwise it will be deemed bad, and the prisoner will be entitled to be discharged. Re Tordoff, supra.

6. Convictions, &c. how reviewed.

By appeal.] An appeal against a conviction is by no means a matter of common right; it will not lie, unless given by the express words of some statute. R. v. Hanson, 4 B. & A. 519. There is no general statute upon the subject. The appeal, when given, is to the sessions of the county or borough, stated in the margin of the conviction; except that, in the case of convictions by the magistrates of a borough to which the crown has not granted a separate quarter sessions, the appeal must be to the quarter sessions of the county in which such borough is situate. See 5 & 6 W. 4, c. 76, 8. 111. Whether it is to be to the next sessions after the conviction, or within a certain time after the conviction, or within what other time it must be lodged, must depend entirely upon the wording of the Act of parliament by which the appeal is given.

As to notice of appeal or recognizance: Whether a notice of appeal shall be given, or a recognizance entered into, or what notice or recognizance will be sufficient, must depend entirely upon the words of the statute by which the appeal is given or is regulated: in some cases the statute requires a recognizance only, and in that case a notice of appeal need not be given; R. v. JJ. of Kent, 6 M & 8. 258. R. v. JJ. of Essex, 4 B. & A. 276; in some cases a notice of appeal alone is required, and in that case, of course, a recognizance need not be entered into; in some cases both are required, and both must be given. Whatever is required in this respect by the statute, is deemed a condition precedent to the party's appealing; and the sessions have no jurisdiction whatever of the appeal, they cannot even allow it to be entered, until the directions of the statute in this respect have been complied with. R. v. JJ. of Oxfordshire, 1 M. & S. 446. But where a statute giving an sppeal against a conviction, required that the magistrate, at the time of the conviction, should inform the party of his right of appeal, and that the party at the same time should give the magistrate a written notice of appeal, and should enter into a recognizance to try it with effect; a party being convicted, the magistrate told him of his right to appeal, and he entered into the necessary recognizance, but the magistrate did not tell him of the necessity of his giving him a written notice of appeal; and at the sessions, the magistrates, thinking they had no juris

diction for want of this notice being given, refused to receive the appeal the court of Queen's Bench, upon application, granted a mandamus to the sessions, commanding them to receive and hear the appeal, Lord Kenyon, C. J. saying, that it was the duty of the magistrate, when he informed the party of his right to appeal, to inform him also of the necessity of his giving a written notice; otherwise the party would be deluded by the act of the justice in taking the recognizance. R. v. JJ. of Leeds, 4 T. R. 583. The statute also directs to whom the notice shall be given,-sometimes to the justice, sometimes to the prosecutor-sometimes to both. Where it is to be given to the justice, if there be more than one, it must be given to all. Where three persons were convicted of unlawfully fishing, upon a joint hearing, and they gave a joint notice of appeal against the conviction; but the sessions refused to hear the appeal, because three separate convictions, one against each, and not one joint one against the three appellants, were returned: the court upon application awarded a mandamus to the sessions, to enter continuances and hear the appeal. R. v. JJ. of Oxfordshire, 12 Law J. 40, m., 4 Q. B. 177.

of

The following may be the form of a notice of appeal :· Berkshire, to wit: To in the suid county. This is to give you [and each and every of you] notice, that I, A. B., do intend, at the next general quarter sessions of the peace, to be holden in and for the said county of Berks, at in the said county, to appeal against a certain conviction of me, the said A. B., by E. F., Esq., one of Her Majesty's justices of the peace for the said county, for having, as is therein and thereby alleged, on ——————, at ———————, [&c. stating the offence ;] and that the cause and matter of such appeal are [that I am not guilty of the said offence; and that, &c. stating any other ground of appeal the party may have:] all of which premises, you [and each and every of you] are hereby desired to take notice. Dated, &c.

In an appeal against a conviction under the Vagrant Act, for an obscene exposure of the person, it was holden a sufficient ground of appeal to state that the party was not guilty of the offence, although the offence consisted of three ingredients, the exposure of the person, that it was done in a place of public resort, and for the purpose of insulting some female. R. v. JJ. Newcastle-upon-Tyne, 1 B. & Ad. 933.

The sessions may either quash the conviction, for defects appearing upon the face of it, or quash or confirm it upon the merits. If they try the case upon the merits, the respondent must again prove the facts necessary to sustain the conviction; but neither he nor the appellant is confined to the evidence given before the convicting magistrate, unless otherwise directed by the statute giving the appeal. The judgment is merely that the conviction be confirmed or quashed, with or

without costs.

Whether the sessions can award costs, will depend entirely upon the statute, regulating the appeal, giving authority to do so; there is no general statute upon the subject. Bee R. v. JJ. of Hants, 1 B. & Ad. 654.

By certiorari, e In all cases where the certiorari is not taken away by statute, a summary conviction by a magistrate may be removed by it into the court of Queen's Bench, for the purpose of having it quashed for any errors appearing upon the face of it. The subject has been already fully considered, ante, p. 251. But where it appears by the conviction that the defendant appeared before the magistrate and pleaded, and the merits have been tried and that the defendant has not appealed against the conviction (where the appeal is allowed), or, if appealed against, such conviction has been affirmed; such conviction shall not afterwards be set aside or vacated in consequence of any defect of form whatever; but the construction shall be such a fair and liberal construction as will be agreeable to the justice of the case. 3 G. 4, c. 23, s. 3. This statute, however, does not cure the omission of a fact or circumstance necessary to constitute the offence. R. v. Walsh, 3 Nev. & M. 630.

A conviction cannot be amended. R. v. Jukes, 8 T. R. 625. The magistrate, however, before he returns it to the sessions, or upon a certiorari, may draw it up in a more formal manner than he had at first drawn it. Ante, p. 70.

If the commitment be bad upon the face of it, the party may apply for a habeas corpus, and thereupon be discharged. In several statutes creating offences punishable on summary convictions, (Peel's Acts for instance, 7 & 8 G. 4, c. 29, s. 73, and 7 & 8 G. 4, c. 30, s. 39,) a clause is inserted that no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. But there is no general enactment upon the subject; and where the statute creating the offence does not contain such a clause, a good conviction will not help a bad commitment. Wickes v. Clutterbuck, 2 Bing. 483.

But if, instead of convicting the defendant, the justice refuse to convict him, and dismiss the case, there is no mode of reviewing his decision; the court will neither grant a munda. mus, requiring the magistrate to re-hear the case, nor award a certiorari to bring up the proceedings. Exp. British and Foreign Patent Invention Company, 7 Dowl. 614.

By action.] If a justice of the peace convict, in a case in which he has no jurisdiction, or if the conviction be bad upon the face of it, the party may maintain an action of trespass against him for any distress or commitment under it; for the

conviction in such a case, can be no justification. So, if a justice of the peace commit a party to prison upon a conviction, and the warrant of commitment be bad upon the face of it, he will in like manner be subject to an action of trespass, even although there be a good and valid conviction, unless indeed it be aided by some clause in the statute creating the offence, as already mentioned, supra. This subject will be treated of fully under the title "Justices."

CORDAGE.

See "Manufactures.”

CORONER.

1. How chosen, p. 386.

2. Inquisitions by him, p. 387.

3. His fees, p. 390.

4. How punishable for neglect of duty, &c. p. 391.

1. Coroner, how chosen.

In counties.] In counties there are usually several coroners, the number being fixed by custom. If one of these die, or resign, or be dismissed from his office, a writ de coronatore eligendo issues from the Petty Bag Office in the Court of Chancery, directed to the sheriff of the county, commanding him to cause another to be chosen in his stead, in full county court, by the assent of the county. 2 Hawk. c. 9, s. 5, 6. And as none but freeholders are the suitors in the county court, it is therefore holden that the coroner must be elected by the freeholders only. Id. s. 10. The mode of election is appointed and regulated by stat. 7 & 8 Vict. c. 92. When the coroner is elected, he is sworn into office by the sheriff. 2 Hawk. c. 9,

8.7.

A coroner may now appoint a deputy, subject to the approval of the Lord Chancellor. 6 & 7 Vict. c. 83, s. 1. See R. v. Perkins, 14 Law J. 87 m.

In boroughs.] In every borough, having a separate court of quarter sessions, the council are to "appoint a fit person, not being an alderman or councillor, to be coroner of such borough,

so long as he shall well behave himself in his office," and they shall fill up every vacancy within ten days after it occurs. 5 & 6 W. 4, c. 76, s. 62.

2. Inquisitions by him.

In what cases.] By stat. de officio coronatoris (4 Ed. 1) the coroner shall take inquisition upon all persons slain, drowned, or suddenly dead. He shall also take inquisition upon all persons who die in prison. 2 Hawk. c. 9, s. 21. The coroner may also inquire of treasure trove; 4 Ed. 1, supra; but it is doubtful whether he has authority in any other matters. See 2 Hawk. c. 9, s. 35. We shall here consider chiefly his duties in case of death. If the death appear to have been occasioned by some other person, he must inquire as to the person who occasioned it, and as to those who were present, aiding and abetting, 4 Ed. 1, supra, or accessories before the fact; 2 Hawk. c. 9, s. 27; but he has no authority to inquire of accessories after the fact. Id. s. 26.

How.] By stat. 4 Ed. 1, (supra,) he is directed to command four of the next towns, or five or six, to appear before him" in the place where the body lies. And by stat. 6 & 7 Vict., c. 12, s. 1, the coroner only within whose jurisdiction the body of any person, upon whose death an inquest ought to be holden, shall be lying dead, shall hold the inquest, notwithstanding that the cause of death did not arise within the jurisdiction of such coroner; and in the case of any body found dead in the sea, or any creek, river or navigable canal within the flowing of the sea, where there shall be no deputy coroner for the jurisdiction of the Admiralty of England, the inquest shall be holden only by the coroner having jurisdiction in the place where the body shall be first brought to land. See R. v. Hinde, 13 Law J. 150 m. And by sect. 2, for this purpose, a detached part of the county, shall be deemed part of that by which it is surrounded, or (if surrounded by two or more) by that with which it has the longest common boundary. This, in practice, is done, by the coroner directing his precept to the constable of the hundred, requiring him to summon a jury to appear before him at a certain time and place.

When the jury appear, at the time and place appointed, they are sworn and charged by the coroner. The coroner and jury must then view the body; for the coroner has no authority to take an inquisition of death, except super visum corporis. 2 Hawk. c. 9, s. 23. If it have been buried, therefore, the coroner may cause it to be disinterred; or, if it have been buried such a length of time, that from decomposition commencing it is useless to disinter it, the township or gaoler may