CORONER.—Continued. of county are returned before commissioners of gaol-delivery for the county. ii. Page 54 Coroner of the verge, or of king's house, by who nominated, his power; coroner of county by statute to join in inquisition of death of a man, what case excepted. ii. 54, 55 But he cannot take inquisition without coroner of verge; but both offices united in one, inquisition taken before him is good; and if court remove, he may proceed on the inquisition, as coroner of county. ii. 55 In what case coroner of houshold shall take inquisition without coroner of county by a jury of the houshold; the return and proceedings on these inquisitions regulated by statute. ib. General coroners of counties, how and where eligible, and how to be sworn. How to be qualified. Their office not determined by king's demise. ib. ib. ib. Being elected by freeholders of county, if they be sufficient, whole county shall answer. ii. 55, 56 Some counties have more, some fewer; by statute each county of Wales two, and Chester two. ii. 56 If there be above two in a county, and a writ is directed coronatoribus, tho one dies, whilst plural number remains, a return by the coroner is good; but if only one survive, he cannot execute and return it till another made. ii. 56 But if two coroners in a county, or more, one may execute the writ, as in case of an exigent; but the return must be in the name of coronatores. ib. Coroners amoveable for cause, and new ones may be chosen by writ, tho cause not traversable; yet if false, they may have a supersedeas to the new writ. ⚫ib. Their power of proceeding to trial or judgment in pleas of the crown, or execution upon outlawry, taken away by Magna Charta. ii. 56, 66 ii. 57 Of what they yet retain a jurisdiction. Regularly have no power to take inquisitions, but de subito mortuis, and some special incidents. ii. 65 If one die of hunger, and vill bury him before coroner sent for, it shall be amerced; contra, if of a fever or apoplexy. ib. If vill leaves a body, that died of a violent death, above ground unburied, it shall be amerced: such amercements may be set on presentment of grand inquest, or coroner. ib. If prisoner die in king's bench prison, clerk of the crown, who is coroner of that court, is to view the body. ii. 58 CORONER.-Continued. What inquisition to contain. Coroner must take inquisition in person, or else it is void. ii. Page 58 ib. If body buried before he come, what he ought to do in such case, cannot take inquisition, otherwise than super visum corporis. ii. 58, 66 If he take inquisition without view of the body, he may take second inquisition upon view of it; second good, first void. ii. 58, 59 ii. 59 But if first be taken on view, second is void. In default of coroner, who may inquire of a felo de se, or other sudden death; justices of peace, or oyer and terminer may inquire thereof, and so may B. R. but then that presentment is traversable. ib. If constables make not a return of coroner's precept, or jurors appear not, constables or jurors in default, by whom amerced. Jurors not challengeable by either party. ib. ib. 11 H. 4. extends to these inquisitions; and if a juror be outlawed, tho but of trespass, this a good plea to coroner's inquest of murder. ii. 60 ii. 60, 61 Of what matters jury charged to inquire. If one be killed by another, and it be certainly known that he killed him, it hath been held, that jury must hear evidence only for the king, and jury must find it murder, tho justifiable or excusable homicide; but this practice neither warranted by law nor reason. ib. His inquest rather for his information of the truth of the fact, than for an accusation. ii. 61 Tho prisoner may be arraigned on coroner's inquest finding it murder or manslaughter, yet bill of murder may be preferred to grand inquest, and thereon he may be arraigned and tried, tho coroner's inquest comes up only to manslaughter, &c. ib. ib. Antient practice hath been for coroner's inquest to find the Whole evidence to be returned with inquisition. ib. ib. ii. 62 If inquest find he died ex visitatione Dei or per infortunium, what only to be done. ii. 62 In no case coroner sets any fine or amercement, but only presents it to next gaol-delivery, who impose it. ib. CORONER.-Continued. If inquest find one felo de sè, what they are further to find and do. ii. Page 62 First finder of body to be bound over to next gaol-delivery. ii. 62, 63 If party slain and felon not known, inquest to find accordingly; what the antient manner of inquiry. 63 If felon known, and inquisition found him guilty, what were the proceedings. ib. One found guilty by coroner's inquest, or that he fled, they are to inquire of his goods and chattels; and antiently coroner was presently to seise and inventory the goods, and deliver them to villata; how far altered by 1 R. 3. ib. Coroner must commit persons found guilty by inquest to sheriff, who is to send them to gaol by statute. ii. 64 If any present found not guilty, what duty of coroner. ib. If parties found guilty as principals or accessaries before be not to be found, he might antiently have proceeded to have outlawed them. ib. That practice altered by statute; justices of gaol-delivery are to proceed against offenders, if in gaol; if not, then to certify inquisition in B. R. and thence process of outlawry is to issue on that inquisition. ib. By statute coroner to take examinations against principals and accessaries before, and put them in writing, and bind over witnesses to next gaol-delivery, and then to return their examinations, recognizances, and inquisitions. ii. 64 One indicted on coroner's inquest is found not guilty, petit jury to inquire who killed the deceased, which serves as indictment against him; and if they cannot tell, they commonly give in some fictitious name. ii. 65 If there be an inquisition of murder or manslaughter, and also indictment of same offense, and party is arraigned and acquitted on indictment; necessary to quash inquisition, or arraign party upon it, who is to plead auterfoits acquit, or not guilty, and so be acquit on that also; otherwise he may be outlawed on record thereof. ib. But if both of same nature, and for same offense, and be good, he may be tried on both at once. Where coroner is to have a fee, or not. Hath power to take inquisition of escape. ib. ib. ii. 62, 65 Hath no power to take inquisition of any other felony than death of a man and the incidents, except in Northumberland. Where he may take appeals of other matters. ii. 65, 66 ii. 66 CORONER.-Continued. In cases not felony, what formerly he might have taken inquisition of. ii. Page 66 May take confession of one that breaks prison, and on his record party to be hanged. ib. Had power to attach one that had dangerously wounded another, and not only on appeal of mayhem, but ex officio. ib. What appeals coroner may take; they must be of facts within his county. ii. 67 Appeal to be by bill in proper person, and before coroner and sheriff. ib. Yet coroner principal judge, and certiorari may be to him alone, or to him and sheriff; but not to sheriff alone, neither for appeals nor outlawries, unless in London. ii. 67 What coroner may do upon an appeal. Whether he may outlaw defendant in appeal. ib. ib. When appeal sued before coroner and sheriff, for determination it must be removed into B. R. ib. Has power to take accusation of approver. ib. ii. 67, 68 He may on appeal by approver take his appeal against any one for any felony or treason in any county. If appeal in same county, coroner may make a precept to sheriff to take appellee. ii. 68 But if he be only coroner of a franchise, whether he may make precept to sheriff to attach him. ib. Cannot make precept to bailiff of the franchise, because he cannot execute process within his franchise, but by sheriff's mandate. How that is to be remedied. ib. ib. If appeal be of felony out of the county, it must be removed to justices of gaol-delivery, and they may make process into any county to take appellee. ib. Vide AMERCEMENTS, ARRAIGNMENT, FELO DE SE, FOR FEITURE. CORPORATION. For forfeitures by corporations. Vide FORFEITUre. CORRUPTION AND RESTITUTION OF BLOOD. Corruption of blood effect of judgment in high, petit treason, or felony, except saved by statute. Several ways of saving it. 354 703 Tho there be a clause to save it, king to have forfeiture of lands during felon's life, and his goods; no escheat to the lord, where inheritance saved to the heir, it virtually makes heir inheritable, and wife dowable. 703, 704 CORRUPTION AND RESTITUTION, &c.—Continued. One attaint of piracy on 28 H. 8. no corruption of blood, unless indictment formed, as of a robbery at common law, and how to be for that purpose. Pages 354, 355. ii. 18 If one be attaint by course of civil law before admiral for treason or felony on the sea, or constable and marshal for treason, &c. beyond sea, it works no corruption of blood. 355. ii. 18 But attainder of treason or felony done on the sea, on 28 H. 8. by jury, as well as attainder of foreign treason on 25 H. 8. corrupts the blood. 355. ii. 17, 18 By Westm. 2. de donis conditionalibus, tenant in tail attaint of felony or treason, there is no corruption of blood as to the issue, save for their benefit. 356 Son of donee in tail, attaint of treason in vitâ patris dies leaving issue, estate shall descend to grandchild; contra of a fee-simple. 356 ib. In all cases, but entails, attainder of treason or felony corrupts blood upward and downward. Father and two sons; elder attaint dies improles in vitâ patris, younger shall inherit; contra, if elder survive the father, except elder an aliennee. 356, 557 One hath two sons, and then is attaint, elder purchaseth, and dies sine prole in life, or after death of father, his attainder hinders not descent from brother to brother. 357 Same law, if father was first attaint, and then had two sons. 357 Two brothers; elder is attaint, and hath issue, and dies in life of younger; younger dies improles, his lands in fee shall not descend to his nephew. ib. ib. So if son of party attaint purchase land, and die without issue, it shall not descend to his uncle. Judgment of peine fort & dure corrupts not the blood. ii. 319 Tho a pardon restores not blood, yet as to issues born after, it is a restitution. 358 But restitution in its true extent can only be by parliament. ib. Such acts construed liberally. ib. Tho it be to restore B. only as heir to A. it restores also his lineal and collateral heirs. ib. Vide FORFEITURE, FELONY BY STATUTE, STATUTES IN GENERAL. COVERTURE. A feme covert indicted of a misdemeanor may be fined and imprisoned. 20 |