clerk (g) of the city or borough in which the forfeiture occurred, at or before the next ensuing sessions. These fines, &c. (with such forfeited recognizances to appear, or to prosecute and give evidence in felonies or misdemeanours, or to answer for a common assault, or to articles of the peace, as the recorder, chairman, or two other justices who have attended the court, shall by order direct to be estreated or put in process,) and those only (h) the clerk of the peace is to copy on a roll, together with all forfeitures incurred, or fines imposed at the sessions, and within such time as the court may fix, not exceeding twenty-one days after its adjournment, is to send a copy of that roll with a writ of distringas, or fieri facias and capias, in the forms prescribed by the act, to the sheriff, bailiff, or officer, as the case may be, with a distringas and capias, or fieri facias and capias, that he may proceed to levy or recover them (i). Before he delivers the roll to the sheriff, he must make oath before a justice of the county or other jurisdiction, in the following form (k) :—

I, A. B., clerk of the peace for the county of B., make oath that this roll is truly and carefully made up, and examined, and that all fines, issues, amerciaments, recognizances, and forfeitures, which were set, lost, imposed, or forfeited, and in right and due course of law ought to be levied and paid, are, to the best of my knowledge and understanding, inserted in the said roll, and that in the said roll are also contained and expressed all such fines as have been paid to or received by me, either in court or otherwise, without any wilful or fraudulent discharge, omission, misnomer, or defect whatever: so help me God.

This oath is to be indorsed on the back of the writ or of the roll which the sheriff is to return to the following sessions, with a statement of what he has done to levy the sums which it describes as due; and his return, with a duplicate of the roll, and a certificate by the sessions that the sheriff's duty has been performed, is to be returned by the clerk of the peace to the lords of the treasury (1). Besides the fees on forfeited recognizances, the clerk of the peace is entitled to an allowance of sixpence for every hundred words for all copies of the roll so transmitted to the sheriff. For any neglect of the duty so imposed he

The effect of 5 & 6 W. IV. c. 76, seems to be that the clerk of the peace in boroughs must now do this duty.

(h) 7 G. IV. c. 64, s. 31, clerks of the peace before estreating such recognizances as the above, must lay a list of them before the court for examination and order thereon, ibid. (at length, post, Ch. XIII. s. 7.)

(i) 3 G. IV. c. 46, s. 2.

(k) Id. s. 3. By 3 & 4 W. IV. c. 99, s. 30, where fines, issues, recognizances, penalties, forfeitures, or deodands are required by any act in force to be estreated on oath into the court of exchequer, the oath may be taken before a judge or commissioner for taking affidavits, master extraordinary in chancery, or a justice.

(1) 3 G. IV. c. 46, s. 8.

is liable to forfeit 501., to be recovered with costs by any one who will sue in any of the courts at Westminster (m).

Besides the roll thus delivered to the sheriff, and finally transmitted to the exchequer, the clerk of the peace (or town-clerk) (n) must yearly, before the second Monday after the morrow of all souls, deliver into the court of exchequer, a duplicate of all fines, issues, amerciaments, and forfeited recognizances, &c. contained in the rolls sent during the year to the sheriff (o). This duplicate must be delivered on oath; for, though the 3 G. IV. c. 46, does not expressly require this formality, the 4 & 5 W. & M. c. 24, s. 5, which prescribes such oath, is not, for this purpose, repealed, and the oath attesting the yearly duplicate is not superseded by the oaths taken before the magistrates to the correctness of the quarterly rolls (p). This oath must either be taken before a baron of the exchequer, or by commission; when it is taken by commission, the clerk of the peace should furnish the names of three or more persons, and to them, on a baron's warrant, a commission issues to administer the oaths, which must be taken before two at least of the commissioners so appointed (q).

But in a late case, the amount being under 57., the court of exchequer permitted the town-clerk of Richmond, in Yorkshire, to verify his return of estreats made to them under 3 G. IV. c. 46, s. 14, by affidavit, without a commission or personally appearing; and directed a similar course for the future, where the estreats, &c., did not amount to that sum (r).

The court of exchequer has no jurisdiction over recognizances forfeited at quarter sessions, if not estreated, though the yearly certificate of them has been delivered into exchequer, under 3 G. IV. c. 46, s. 14(s); and only the quarter sessions can relieve (t).

Duty of Clerk of Peace as to Prison Rules.]-The clerks of the peace, and gaol sessions for every county, riding, or division of a county in England or Wales, are now required to lay before the court of quarter sessions, held next after the 25th September in every year,

2 Cromp. & J. 122.

(8) R. v. Thompson, 3 Tyrwhitt's R. 53; R. v. Pellow, 13 Pri. 299; M'Lelland, 111; R. v. Hankins, M'Lelland & Younge, 27.

(t) Ibid. See Haynes v. Hayton, 7 B. & C. 293; Reg. v. Yorkshire (W. R.) Justices, in re Thornton, 7 Ad. & E. 583; 2 N. & P. 457; post, Chap. XIII. s. 7, tit. Estreats.

for their respective counties, &c., on the final day of such sessions, copies of all regulations in force on 25th September in every year, for the government of their respective prisons (t).

They must also annually transmit copies of all prison rules in force in every prison in their counties, &c., on 25th September, to the secretary of state, who may add to or alter the same (u). In case of neglect, or omission to transmit such copies, the secretary of state may, after 1st December in every year, certify what rules he deems necessary for the government of the prison; such rules to be binding on all persons, and to be the only rules in force for such government (w).

His Duty as to enrolling Documents.]—A clerk of the peace (as well as a town-clerk) must receive and keep documents directed by the standing orders of parliament (x), or à fortiori by inclosure, railway, highway or other acts, to be deposited with him. The danger to titles from neglect so to enrol inclosure awards made before 28th August, 1833, (see 41 G. 3, (U. K.) c. 109, s. 35,) has been met by 4 & 5 W. IV. c. 87, which by s. 1 makes them valid though not enrolled, and permits them to be enrolled nunc pro tunc, directing the clerk of the peace or his deputy to make out copies of them when so enrolled at 3d. for seventy-two words; which copies, signed as by the act directed, are made legal evidence as well as the original awards as to compelling enrolment (y).

SECTION V.

OF THE CORONER.

In Counties, Divisions and Places not " Boroughs" within Municipal Act, 5 & 6W.IV. c. 76.]-The coroner is stated in the older authorities to be an officer attendant on the court of quarter sessions (z). In practice, however, he does not attend in his official character; nor has he in modern times any duties to perform which make his attendance requisite, except, perhaps, that of verifying his accounts on oath under 1 Vict. c. 68, s. 3. He is, however, still obliged to resort to this court to obtain an order for the payment of his fees under 25 G. III. c. 29; which (in addition to the fee of 13s. 4d. given him by 3 Hen. VII. c. 1, out of the

(t) 5 & 6 W. IV. c. 38, s. 5. (u) Ibid.

(w) Id. s. 6.

(x) 7 W. IV. & 1 Vict. c. 83.

(y) See Reg. v. Leeds and Liverpool Canal Company, 11 Ad. & El. 316; 1 B. & Ald. 153.

(z) Dalton, c. 185.

goods of the slayer or murderer, or by way of amerciament on the township on escape, in any case where the inquisition has been holden on a person slain or murdered) enacts, that" for every inquisition not taken upon the view of a body lying in a prison, and which shall be taken in any place contributing to the county rates, the sum of 20s. shall be paid to the coroner, and for every mile which he shall be compelled to travel from his usual place of abode to take such inquisition, the sum of 9d. (a); which sum shall be paid out of the county rates, by order on the treasurer by the justices in sessions, for which order no fee shall be paid; and for every such inquisition taken on a body dying in prison he shall be paid so much as the justices in session shall allow, not exceeding 20s., to be paid in like manner. But no coroner of the king's household, or of the verge of palaces, nor any coroner of the admiralty, county palatine of Durham, city of London, and borough of Southwark, or of any franchises belonging to the said city; nor of any city, borough, town, liberty, or franchise not contributing to the rates directed by 12 G. II. c. 29, or within which such rates have not been usually assessed, shall be entitled to any fee given by this act; but shall receive all such fees and salaries which they were entitled to by law before this act, or shall be given them by the person by whom they are appointed" (b).

Under this statute, no coroner is entitled to any fees, unless the liberty or franchise within which his inquisition was taken contribute to the county rates; and, therefore, where a writ of mandamus had been obtained, requiring the justices of the West Riding of Yorkshire to make an order for payment of the fees of a coroner in respect of inquisitions taken within the Honour of Pontefract, the court quashed

(a) Not giving any allowance for the miles a coroner has to return, after taking an inquisition, to his abode, R. v. Oxfordshire (Justices), 2 B. & Ald. 203; or for miles he is not compelled to travel, as where he takes several inquests in one place, or on one journey, R. v. Warwickshire (Justices), 5 B. & Cr. 430; 8 Dowl. & R. 147.

(6) Coroners are of three kinds; 1st, by virtue of an office; 2nd, by charter or commission; 3rd, by election. The lord chief justice of the king's bench is, by virtue of his office, principal coroner in the kingdom, and may, if he pleases, exercise the jurisdiction of coroner in

any part of the realm. 2d. The lord mayor of London is, by the charter of 18 E. IV. coroner of London. The bishop of Ely had also power to appoint coroners by a charter of H. VII. (see 6 & 7 W. IV. c. 8.); and there are coroners of particular lords of franchises and liberties, who by charter have power to create their own coroners, or to be coroners themselves, especially the jurisdiction of the admiralty and the verge. 3d. The general coroners of counties elected by freeholders under st. Westm. I. c. 18, and 28 E. III. c. 6; 1 Hale, 52; 4 Rep. 57; 1 Bla. Com. 346.

I

the writ, because it did not allege that franchise to be contributing to the county rates (c).

Appointing a Deputy.]-By stat. 6 & 7 Vict. c. 83, sect. 1, (after reciting that coroners of boroughs and liberties are empowered and directed by law to appoint deputies to act in their stead in certain cases (d), and that coroners of counties have no sufficient authority of law for so doing), every coroner of any county, city, riding, liberty or division, is directed by writing under his hand and seal to appoint from time to time by writing under his hand and seal a fit and proper person (subject to approval of the great seal) to act for him as his deputy in holding inquests. All such inquests to be deemed the acts and deeds of the coroner making the appointment. Provided that a duplicate of the appointment be sent to the clerk of the peace for the county, city, &c., in which the coroner resides, to be filed among the records of the county, &c., and that no such deputy shall act except during the coroner's illness, or his absence for reasonable cause; and that every such appointment may at any time be cancelled by the coroner.

Coroners in Boroughs within 5 & 6 W. IV. c. 76.]—As to coroners in boroughs, for which separate quarter sessions of the peace are holden, see post, Chapter XIV.

In a borough where no such separate court is holden, no person can take any inquisition belonging to the office of coroner, except the coroner for the county or district in which the borough is situate ; who is entitled to the same fees and salary for the same as for any inquest taken by him within the county and coroners may still be appointed to act, and take inquests within the admiral's jurisdiction in the ports, and on the sea-coast of England as heretofore (e).

Jurisdiction in what Places.]-By 6 Vict. c. 12, [passed 11th April, 1843,] sect. 1, the coroner within whose jurisdiction a body shall be lying dead shall hold the inquest, though the cause of death did not arise within his jurisdiction; and in case of bodies found in the sea or any creek, river, or navigable canal, within the flowing of the sea where there

(c) R. v. Yorkshire (West Riding) Justices, 7 T. R. 52.

(d) Might be done in boroughs, 6 & 7 W. IV. c. 105, s. 6; was left doubtful in liberties, even if there was a cus

tom, the functions being judicial, Carruthers' case, 2 M. & Ryl. 397; Wood's Inst., Book 4. c. 1.

(e) 5 & 6 W. IV. c. 76, s. 64.