be amerced. Id. And this view must be had, before the inquiry is proceeded in; R. v. Ferrand, 3 B. & A. 260; but it need not be had by the coroner and the jury at the same time, 6 & 7 Vict. c. 83, s. 2. Nor is it necessary that the inquest should be holden in the same place where the body has been viewed; after the view, the coroner may adjourn the inquest to another place. 2 Hawk. c. 9, s. 25. It may be necessary here to mention, that the court of the coroner is not a public open court, in which the public have a right to be present; at least it is not so upon an inquisition of death; for it is partly a preliminary inquiry, in the nature of the proceeding before a grand jury, and no person but the coroner, the inquest, and the witness immediately under examination, has a right to be present, if the coroner object to it. Garnett v. Farrand, 6 B. & C. 611.

If any person summoned on the jury, or as witnesses, fail to attend, the coroner may fine him. 7 & 8 Vict. c. 92, s. 17. Every coroner, "upon an inquisition taken before him, whereby any person shall be indicted for manslaughter or murder, or as an accessory 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 any thing touching the said manslaughter or murder, or the said offence of being accessory 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:" 7 G. 4, c. 64, s. 4: otherwise the court may fine him. Id. s. 5.

As to medical witnesses: the coroner may issue an order for the attendance of any legally-qualified medical practitioner, who attended the deceased in his last illness, or, if he were not so attended, of any legally-qualified medical practitioner in or near the place of the death; and the coroner may direct a post mortem examination of the body, with or without an analysis of the contents of the stomach or intestines. 6 & 7 W. 4, c. 89, s. 1. So the coroner may order the attendance of other legally-qualified medical practitioners, if a majority of the jury require it. Id. s. 2. And where any such order shall be personally served upon such practitioner, or shall have been received by him in sufficient time for him to have obeyed it, or shall have been served at his residence, if he do not obey such order he shall forfeit 51., upon complaint thereof made by the coroner or any two of the jury before any two justices having

jurisdiction in the parish or place where the inquest was held," or where such medical practitioner resides; and such two justices are hereby required, upon such complaint, to proceed to the hearing and adjudication of such complaint, and (if such medical practitioner shall not show to the said justices a good and sufficient cause for not having obeyed such order) to enforce the said penalty by distress and sale of the offender's goods, as they are empowered to proceed by any act of parliament for any other penalty or forfeiture. Id. x. 6.

The fee to such medical witness, for attending to give evidence, is one guinea; and for a post mortem examination, with or without analysis of the contents of the stomach, &c., and attending to give evidence, two guineas: 6 & 7 W. 4, c. 89, 8. 3, and schedule B: to be paid to him by the coroner, immediately after the termination of the proceedings of the inquest, and included in the account of the coroner's fees, 1 Vict., e. 68, 8. 2. And the justices at quarter sessions, and the town council in boroughs, shall make out a schedule of the several "fees, allowances and disbursements," which may be paid by the coroner upon the holding of an inquest, other than the above fees to medical witnesses. Id. %. 1. And within four months after taking any inquisition, an account must be rendered of the sums thus paid, by the coroner of a county, to the justices in quarter sessions, and by the coroner of a borough to the town council, with vouchers, &c.; which they shall be paid by order on the treasurer of the county or borough, together with 68. 8d. for each inquest, over and above their ordinary fees. Id. 8. 3.

The finding of the jury, or inquisition, is engrossed upon parchment, see R. v. Bearers, 1 East, P. C. 583, with a caption setting out their names at length; it must then be signed by both the coroner [or his deputy, 6 & 7 Vict. c. 83, s. 1. R. v. Perkin, 14 Law J. 87 m,j and jurors, and it is usual for them to seal it also. See R. v. JJ. Norfolk, 1 East, 383. Formerly there were a number of defects which were holden to render an inquisition invalid. But in nearly all these cases, it may now be amended. 6 & 7 Vict., c. 83, s. 2. Arul see Arch. Pr. Cr. Off. 174, 175.

Warrant for murder or manslaughter.] If the finding of the inquest be for murder or manslaughter, and they do not name any particular person, nothing further can be done by the coroner; but if they name any person as the offender, the coroner may commit him, if he be present, to the common gaol, or to any house of correction near to where the assizes, &c. are to 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. It has already been observed, that it is only in the case of death per infortunium that a deodand can be forfeited; and therefore if the jury find that the death was caused by murder or manslaughter, there cannot be a deodand. R. v. Polwart, Q. B. E. 1841, MS. 10 Law J. 118, m.

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, 8. 3, ante, p. 389.

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 208., 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, ante, p. 389.

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 408. 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. Exp. 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 exonerando, and the writ de coronatore eligendo, at the same time. Id.

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. 365, under the title "conviction." In cases of indictments for felony, and for some species of misdemeanor, the expenses of the prosecutor and witness, &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.

Where costs are given in a conviction or order, by justices out of sessions, they must specify the amount; they cannot give costs generally, to be taxed by their clerk or other officer. Selwood v. Mount, MS. Q. B. E. 1841. 1 Q. B. 726. And where costs are given by the sessions in appeals, &c., care