Besides his fee of 13s. 4d. awarded by an ancient statute Fees allowed on every inquisition, the Coroner is entitled, by a recent by the Sessions. provision, "to 20s. more, (if not taken on a body dying in gaol), and also 9d. for every mile he shall be compelled to travel from his usual place of abode, for the taking of every such inquisition; ‡ which sum shall be paid by order on the treasurer, by the justices in sessions, out of the county rates, 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 sessions shall allow, not exceeding 20s. to be paid in like manner."

"But no Coroner of the king's household, and of the verge of the king's palaces, nor any Coroner of the admiralty, nor any Coroner of the county palatine of Durham, nor any Coroner of the city of London and borough of Southwark, or of any franchises belonging to the said city; nor any Coroner of any city, borough, town, liberty, or franchise, not contributory to the rates directed by the 12 Geo. 2. c. 29, or within which such rates have not been usually assessed, shall be entitled to any fee given by this act: but it shall be lawful for all such Coroners as are last mentioned to receive all such fees and salaries as they were entitled to by law before this act, or as shall be given them by the person by whom they are appointed." §

† 25 Geo. 2. c. 29.

3 Hen. 7. c. 1. By a recent determination it seems these words do not authorize any allowance for the miles a Coroner has to return, after taking an inquisition, to his place of abode. It was a rule moved for in B. R. on behalf of one Cecil, Coroner of Oxford, against the justices thereof, in consequence of their having refused to make an order on the treasurer for the gd. per mile on returning from taking inquisitions. The Court refused to make the rule absolute.

§ Coroners are of three kinds; 1st, by virtue of an office; 2d, by charter or commission; 3d, by election. 1. 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. 2. The lord mayor of London is, by the charter of 18 Ed. 4. Coroner of London. The bishop of Ely also hath power to make Coroners by the charter of Hen. 7.; and there are Coroners of particular lords of franchises and liberties, who by charter have power

And unless the Coroner has taken an inquisition in duc form, he is not entitled to any fees; for on a motion for a mandamus, to compel justices to pay to the Coroner the fees and travelling expences due to him, for taking four inquisitions upon four bodies cast by the sea upon the shore; it appeared that the papers, purporting to be inquisitions, were not inquisitions at all; as they were signed only by the Coroner and foreman of the jury. The principal question in the case was, whether, when the Coroner finds the body of a person manifestly drowned at sea, upon the shore, he may not take an inquisition on the body? The Court inclined to the opinion that he could not, and it was said to be the usage to bury such bodies without any inquisition being taken; but without expressly determining this, they said, that the first question which they had to decide, was, whether the Coroner had taken any inquisition at all? if he had not, he was not to be paid for what he had not done; this, therefore was an objection in limine to the application, for these enquiries not being signed by all the jurors, were not inquisitions.--Mandamus denied.*

And no Coroner of any liberty or franchise is entitled to any fees under this statute, unless such liberty or franchise be contributory to the county rates; for upon a mandamus to justices to make an order for payment of the fees and travelling expences of the Coroner of the liberty and franchise of the manor of Pontefract, in respect of certain inquisitions taken by him, THE COURT ordered the writ to be quashed, as it did not state, that the manor of Pontefract was contributory to the county rates, and consequently the justices had no authority by the stat. 25 Geo. 2. c. 29, to make any such order: and Lord Kenyon, Ch. J. observed, that the prosecutor should have alleged in the writ, all those facts which were necessary to shew

to create their own Coroners, or to be Coroners themselves, especially the jurisdiction of the admiralty and the verge. 3. The general Coroners of counties elected by virtue of statute Westm. 1. c. 18. and 28 Ed. 3. c. 6. 1 Hale 52; 4 Rep. 57; 1 Black. Com. 346.

* Nolan's R. 144.

that he was entitled to the relief prayed, and that he had a right to call on the magistrates to do that, for the nonperformance of which he sued out his compulsory writ.*

If the Coroner take any fees beyond what are thus allow- Extortion. ed by the law, he will be guilty of extortion.

This offence, so far as we are here concerned with it, is What it is. defined to be "the taking of money by any officer, by colour of his office, either when none is due, or not so much is due, or where it is not yet due." Thus a gaoler obtaining money from his prisoner, or a churchwarden from the parishioners, under colour of their respective offices, have been determined to be guilty of extortion. And an undersheriff refusing to execute process before his fees were paid, has been held guilty of requiring what was not yet due.§ These instances are sufficient to show how a Coroner may become guilty" of this offence. The statute of Edward I. before noticed, which was made in affirmance of the common law, declares it to be extortion of any sheriff, or other minister of the King, whose office any way concerns the administration or execution of justice, or the common good of the subject, to take any reward, except what he receives from the King."

At common law, such offences were severely punishable Punishment. by fine and imprisonment, and removal from office; but by the statute just referred to, "extortion in sheriffs, escheators, bailiffs, gaolers, king's clerks of the markets, and other inferior ministers and officers of the King, whose offices do any way concern the administration or execution of justice," &c. are declared to be moreover punishable by "yielding twice as much" (as each of such persons may have received, and to the party having paid it), beside the former punishment according to the common law. ||

By the express words of their commission, the justices Sessions have in session have cognizance of this offence of extortion; cognizance of therefore, as has been observed, the Coroner must be a

extortion.

* 7 Term R. 52.

Mod. Rep. 226.—Siderfin. 307.
2 Co. Inst. 210.-1 Hawk. c. 68.

+ Co. Lit. 368.
§ Salk. 330.

The Indictment.

suitor to this court for his legal and authorized fees, and muy appear before them as a culprit, if he require more than the law allows; and let it be observed, that all who aid in, or contribute to the offence, are equally principals; for there are no accessaries in extortion.*

The indictment must state the fact particularly, and the time when committed; but the magnitude of the sum is immaterial, for be it ever so small, it is equally an offence, which consists in the mere taking, not in the value of the contract. +

Little remains to be noticed respecting the superintendance of the sessions over the conduct of Coroners, and that little arising out of a very erroneous method, which has crept into practice of late years, of Coroners appointing Deputies, either generally, or specially. In some instances this has been rendered doubly unjustifiable, by the nomination of persons who are ignorant of the law. The office is a judicial one, and it may be a matter of serious doubt, whether its duties can be assigned to a deputy (properly so called) of any description. Nor does such a delegation of authority appear to be more justifiable on the ground of convenience, than of law; for if the attendance of the Coroner of any particular county, or district of a county, be prevented by sickness or other unavoidable necessity, from attending when called upon, any neighbouring Coroner may legally supply his place; for although elected into office by the freeholders of a particular division of the kingdom, when instated into office he is "a Coroner throughout all England,"§ and may attend wherever his services are

Staunf. P. 6. 51.-Wood's Inst. b. 4. c. 1.

§ Godb. 64.-Shaw. J. 359.-What has been advanced, from authorities of long standing, respecting the illegality of Coroners appointing deputies, and the additional impropriety of selecting for such deputies persons not conversant with law, was fully recognized by Graham (Baron), in his address to the grand jury of the county of Lincoln, at the summer assizes of 1814; such observations having been elicited by circumstances which had recently occurred in that county, but the more distinct mention of which would neither operate in illustration of, or add authority to, the learned Judge's comments.

required: but this must be understood of Coroners of counties, or divisions of counties only; for "those of exempt jurisdictions cannot interfere within the counties, out of their verge."

Cases may occur also, where the conduct of the Coroner Coroner not may become the subject of enquiry, respecting the proper view the body. being able to execution of his duty, relative to his viewing the dead body.

He can only take his inquisition of death “ upon actual view, and not otherwise;" but he is, generally speaking, authorized to take such view any time within fourteen days, even though the body should have been interred.† Yet there may be instances, in which such exercise of his authority would be improper, as in those of sudden death accompanied by infectious disease. In such, and the like cases, the enquiry becomes one of the duties of justices of the peace, to whom it ought to be referred " to enquire of the death," as a view of the body is not necessary to their process. ‡

In such instances, however, the investigation of the Coroner's conduct becomes a very proper subject for the court of session of the peace, (as otherwise bodies may be interred under suspicious circumstances, and frivolous pretences, without either his authority, or that of justices), and points out the benefit, at least, of his attendance upon the court, even though the necessity for it be strictly confined within the limits before mentioned, and justifies the observation of all the writers on the duties of Coroners, that it is in the

1 Hawk. 45.

2 Hawk. ib.-Bro. Coron. 167.

5 Rep. 110.-Hale, 170. § It has been already noticed that justices have a jurisdiction over the subject of sudden or unnatural deaths, to be exercised in cases to which the Coroner's cognizance does not extend, and that not by way of appeal from his judgment, but an original one; therefore, it should seem, there need not, in any instance, be any failure of justice from the inability of the Coroner to attend. How far, and in what mode, justices may be compellable to give their services on such occasions, is a subject not within the limits of the present enquiry;-but, that they may legally, seems to be as unquestionable, as that they may profitably, do it. -1 Hale, 414.-1 Bur. R. 18.