who feel the loss most keenly, and who, on that account, are relied upon to bear the burden of working out and seeing applied the appropriate punishment. This is a singular anomaly, and reflects little credit on those who affect to see an importance in separating criminal from civil remedies. The ground put forward for this distinction has always been, that the one is pursued in the interest and on behalf of the public at large, and the other for the sole benefit of the individual, and yet notwithstanding so plausible a theory, there has as yet been no attempt to carry it out logically. Any individual may prosecute an offender, but he does it at his own expense and risk, subject to this, that in the more grievous cases some of his expenditure is refunded out of a common purse, and even this last qualification is of comparatively modern origin. As this lamentable defect leads to many crimes going unpunished, it was all but inevitable that somehow assistance should be given in tracking out unknown murderers. Owing to rules which will afterwards be stated, the machinery of prosecution for crime cannot be put in motion at all, until some definite person is fixed on, against whom the crime can be charged. If no such individual is forthcoming, justice stands still. But fortunately, while the want of a public prosecutor has existed up to the present time, some of the shortcoming has been supplied by the services of a coroner, whose business it is to find out in cases of sudden and unnatural death, who is the person, if any, that is to blame. To help in this inquiry, he is allowed to call to his aid jurors and witnesses, and the beginning and end of his function is to fix on some definite individual or individuals against whom this charge of crime can be made, and so the appropriate punishment invoked and put in motion. Other than this, he has no clear object or place in the machinery of the law; and when a better and safer method of eking out a defective criminal procedure, and of finding out who, if any, is the criminal to be charged with murder or manslaughter, is discovered, then, and not before, he may cease to be. So long as a coroner exists, a description of his functions and procedure requires to be noticed at this stage, for these are at present a necessary part of the law of murder, and part of the security of the person.

The coroner was an officer of the crown, who is noticed

at the time of King Alfred, Henry II., Richard I., and also in Magna Charta.1 Before Magna Charta he used to hold pleas of the crown, and try offenders; but his authority was by that statute restricted chiefly to an inquiry into violent and untimely deaths. The Lord Chief Justice of the Queen's Bench Division was by virtue of his office supreme coroner over all England, and the other judges of that court were also sovereign coroners; and each of them may still act if he pleases.2 There are also a few places in England where coroners are appointed by charter or immemorial usage in a manner different from the rest of the kingdom. A grant of the crown is in some cases presumed as the origin of such a right; and the statute 28 Edward III., c. 6, which confirmed to each county the power of electing its coroner recognised these exemptions. The Lord High Admiral also appoints coroners, having jurisdiction for the high seas, and a concurrent jurisdiction with the county coroners over the shore and mouths of rivers up to the first bridge.5 When the tide is in, the admiralty coroner has jurisdiction up to high water mark, and when the tide is out the county coroner has jurisdiction down to low water mark. The

3

1 Bac. on Gov. 66; Dugd. Mon. 171; 2 Inst. 30; 4 Inst. 271; Wilkins, Leg. Angl.-Sax. 337; Umfrev. Lex Cor. xx.; Spelm. Vicecom.; Mirr. c. 1, § 3; Lamb. Eiren.; Magna Chart. c. 24. 3 Co. Litt. 114a; 2 Hawk. c. 9,

2 4 Inst. 73; 4 Rep. 57b.

§ 11; 9 Rep. 29b.

See also 7 & 8 Vic. c. 92, § 29; 23 & 24 Vic. c. 116, § 9. The Lord Mayor of London is, by charter, coroner of London, and in the Cinque Ports, the Chapter of Westminster, the Isle of Ely, and the Stannaries of Cornwall, there are coroners appointed in an exceptional manner. -2 Hale, P. C. 53. In the circuit of twelve miles round the residence of the king's courts a coroner of the Verge used to be appointed by the king's letter patent, and latterly by the stewards of the household, though the county coroner had also a concurrent jurisdiction given to him by a statute of Edward I.—5 Ed. II.· c. 27; 13 Rich. II. c. 3; 4 Rep. 46b.; Britt. c. 1, § 6; 2 Inst. 550: 2 Hale, P. C. 54; 28 Ed. I. c. 3; 33 Hen. VIII. c. 12. It was held, however, in interpreting this last statute that both the coroner of the verge and the coroner of the county must sit together, neither having jurisdiction without the other.-Hamlin's Case, 2 Leon. 160; 4 Rep. 45b, 46b; 2 Inst. 550; 2 Hale, P. C. 55; 3 Inst. 134. But within the precincts of the palace the coroner of the queen's household alone can hold the inquisition.-33 Hen. VIII. c. 12, § 3.

5 15 Rich. II. c. 3; 2 Hale, P. C. 54, 55. 6 3 Inst. 113; 5 Rep.

107.

county coroner had also at common law jurisdiction in arms of the sea lying within the body of the county so situated, that one shore can be seen from the other.1 But a statute also conferred jurisdiction on the admiralty coroner, when death occurs in great ships in the main stream.2 In these cases of concurrent jurisdiction, the coroner, who first begins the inquiry, absorbs the entire jurisdiction in such matter. And wherever the body is found, the jurisdiction attaches, though the blow or wound may have been given out of the particular jurisdiction.3

5

By whom coroners are appointed or elected.—The coroners for the county were directed by the Statute of Westminster first to be chosen by the freeholders, and usage, controlled by the Lord Chancellor, regulates the number appointed.* And detached parts of counties are now deemed for the purposes of coroners to be part of the counties with which they have the longest common boundary. In boroughs which have a separate court of quarter sessions, the town council may always appoint a fit person, not being an alderman or councillor, to act as coroner of the borough." A coroner for the county is elected by the freeholders on a petition by them to that effect, for which purpose, on the death, or removal, or ouster of a coroner, a writ is issued to the sheriff, called a writ de coronatore eligendo, under which he appoints the time and place of election, and this writ cannot be stayed except on the ground of fraud in obtaining it. And a county has been authorised to be divided into districts, so that each coroner may confine his duties

1 2 Hale, P. C. 15, 54; 2 Str. 1097; 4 Inst. 140; And. 231. 2 15 Rich. II. c. 3. 3 24 & 25 Vic. c. 100, § 10.

4 3 Ed. I., c. 10; 2 Inst. 175; 2 Hale, P. C. 55. Local statutes governed to some extent until recently the county of Chester.-3 Vic. c. 87 (loc.); 7 & 8 Vic. c. 92 ; 23 & 24 Vic. c. 116, § 7. And the county of Durham.-6 & 7 Wil. IV. c. 19; 1 Vic. c. 64. And in Wales two coroners are appointed for each county.—33 Hen. VIII. c. 13; 34 & 35 Hen. VIII. c. 26.

5 6 Vic. c. 12, § 2; 7 & 8 Vic. c. 92, § 23.

6 His expenses are paid out of the borough fund, and he must render full accounts.-1 Vict. c. 68, § 3. He is substantially paid by tees.-5 & 6 Wil. IV. c. 76, § 62; R. v Grimshaw, 10 Q. B. 747. 7 Re Coroners of Salop, 1 Mac. & G. 377; Re Hemel Hampstead, 5 De G., M. & G. 228.

to one of the districts and be elected by the freeholders within such district.1

At first only knights were chosen to the office of coroner, but a statute of Edward III. defined the qualification to be one of the most meet and lawful people." 2 A statute of the same reign enacted, that the person chosen should have land in fee within the county, it being considered that he should have some material guarantee to answer any fines that might be imposed upon him.3 This reason is, however, vague and indeterminate. The mode of proceeding at the election is now set forth in recent statutes. The polling is to continue for one day only 5 The electors described by the statute of 28 Edward III. c. 6, have long been construed to denote the whole freeholders, as those only were the suitors at the old county courts. All persons, therefore, who have a freehold interest in lands within the district or county are entitled to vote.7 quired by a candidate, each voter may be called on to take an oath before voting that the freehold has not been granted to him colourably, in order merely to qualify him to vote, and any falsehood in this respect is a legal perjury. 8 Should any dispute arise as to the correctness of the voting, as a scrutiny is incident to all elections by vote, the sheriff is bound on proper suggestion to grant such scrutiny, otherwise he is liable to an action by the person entitled. When the candidate is declared duly elected, he takes the oath in open court before the sheriff; 1o and the sheriff thereafter makes his return to the Court of

If re

R. v Lechmere 2 3 Ed. I. c. 10; 3 14 Ed. III. 4 7 & 8 Vic. c. 92

17 & 8 Vic. c. 92; 23 & 24 Vic. c. 116, § 7; 16 Q. B. 284; Ex p. Payne, 6 L. T., N. S. 536. 28 Ed. III. c. 6; 4 Inst. 271; 2 Hawk. P. C. c. 9, § 3. St. 1, c. 8; Fitz, N. B. 163; 1 Bl. Com. 347. 23 & 24 Vic, c. 116. 5 ĺbid. § 2. 6 2 Hawk. P. C. c. 9, § 10; 2 Stubbs, C. H. 227.

7 A statute, 58 Geo. III. c. 95, repealed by 7 & 8 Vic. 92, expressly included equitable interests, but this enactment seemed unnecessary. 8 7 & 8 Vic. c. 92, §§ 13, 14.

9 Starling Turner, 2 Lev. 50. The candidates have to bear equally the sheriff's reasonable charges and expenses.-7 & 8 Vic. c. 92, § 16.

10 The writ directs this; F. N. B. 163; 31 & 32 Vic. c. 72; 34 & 35 Vic. c. 48.

Chancery, certifying the name of the new coroner, and if he fail to do so he is liable to an action.1

Authority and duty of coroner.-In the time of Edward I. the coroner was to inquire into the lands and goods of the guilty person, and into the cases of rape, and wounding or maiming as well as the length, breadth, and deepness of the wounds; the breaking of houses, the finding of treasure, the finding of wreck and its value, and the horses, boats, and carts whereby people were slain. But many of these minor functions have disappeared under the progress of new arrangements in legal duties. He is, however, by virtue of his office, a justice of the peace, for some purposes; such as causing persons guilty or suspected of guilt to be apprehended. And he may bind to the peace any person who makes an affray in his presence.5 Magna Charta took away from him the power of holding pleas of the crown.6 And the general duties of his office were defined by the statute of 4 Edward I. st. 2, de officio coronatoris. This statute (qualified by 1 Richard III. c. 3) directs that he shall go to any place where a person is slain or suddenly dead, and inquire into the circumstances-who were present and who, if any, were culpable. This duty of the coroner is to be exercised with great discretion. Where

a person dies suddenly in a house, and there is no reasonable suggestion that the death was otherwise than in the course of nature, this is no ground for the coroner's interference, unless he is requested by the occupier of the house or person having some authority in the matter. The correct course is for those who suggest foul play or violence or unnatural causes, to inform the constable of the district who will give notice to the coroner. A coroner has sometimes been blamed by the court, and has incurred censure for too hastily obtruding himself into private families to institute his inquiries.8 The practice of paying

12 Vent. 26; Fitz. N. B. 163.

2 4 Ed. I. Stat. Cor.

3 He cannot inquire into the cause of fires.-R. v Hertford, 29 L. J., Q. B. 249. He has power to act in aid of the sheriff in some cases.-5 M. & S. 144; 8 Mod. 193; 1 W. Bl. 506; 7 & 8 Vic. c. 92, § 22.

4 Mirr. c. i. § 13; Lamb. Eiren. 378; 2 Hale, P. C. 107. Abr. 491 6 Mag. Chart. c. 17.

8 11 East, 229; 10Q. B. 796.

5 1 Bac.

7 1 Salk. 377; 1 East. P. C. 378, 382. Where fatal accidents occur in mines