First report of the Departmental Committee appointed to inquire into the law relating to coroners and coroners' inquests, and into the practice in coroners' courts.

  • Great Britain. Committee on Coroners.
Date:
1909
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Licence: Public Domain Mark

Credit: First report of the Departmental Committee appointed to inquire into the law relating to coroners and coroners' inquests, and into the practice in coroners' courts. Source: Wellcome Collection.

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    5) 19 January 1909.] assize an assize commissioner was holding it, can he sum up to the coroner’s jury ?—Yes, no doubt. I think he could advise the coroner’s jury. They go there really not to hear the evidence again, there is no holding the inquest again, no view of the body or further evidence, but the judge tells the jury what the law is and what sort of view they ought to take of it, and that they should act as reasonable persons; and if they will not agree 32. He discharges them ?—Yes, he discharges them ; and that function, I think, would still be exercised by a commissioner of assize, for this reason, that a judge of the old Common Pleas was not a coroner—only the King’s Bench judges were so—and of course the that function in the same way as now, I think, any commissioner of assize could do. But that did not make them coroners. 33. They could not have held a substantive inquest ? —No. Ifaman had fallen down dead in court, I do not think there would have been any jurisdiction in a Common Pleas judge or an Exchequer baron to have summoned a jury and to have held an inquest. 34, (Dr. Willcox.) Is there any instance of a judge having held an inquest ?—I think not. Ido not know that there is, but they have always laid claim to the jurisdiction. 35. (Chairman.) Are they the only coroners ex officio ? —Yes, the only ex officio. 36. Then we next come to county coroners ?-—As the name imports they are the coroners for the various counties of the kingdom or for districts of the counties. The counties are now divided up into districts. I think all the counties are divided into districts with the exception of one or two; at all events, the general practice is now that the county should be divided into districts and a coroner appointed for a particular district, but although he is appointed for a particular district he nevertheless is the coroner for the whole county, and in certain cases he can act for the coroner of another district who is unwell or unable to attend. 37. He has something like the jurisdiction of a justice who only acts in his own division, but is a justice for the whole county ?—Yes, that is so; but being appointed for a district the coroner must reside within the district or within two miles of it. He is under that obligation. 38. And the fact of being a coroner does not enable aman to act, as being coroner, say for a coroner ill in an adjoining county P—No, he cannot act out of his county. 39. Nor can a coroner for a county if a borough coroner is ill act for the borough coroner, I imagine ?— The borough coroner would have a deputy. Every coroner is bound by statute to appoint a deputy, and his deputy would act. 40. IT ask for this reason. Some time ago we hadan . application to the Home Office to know what was to be done because both the coroner and his deputy were down with influenza and I am afraid we weve not able to solve the difficulty P—The statute is precise on that point: “In a borough with a separate court of quarter *‘ sessions no coroner, save as is otherwise provided by « this Act, shall hold an inquest belonging to the office * of a coroner except the coroner of the borough or a ** coroner or deputy coroner for the jurisdiction of the « Admiralty of England.” 41. Are you reading from the Act of 1887 ?—Yes, section 7, subsection (2). The term “ coroner” includes a deputy coroner appointed under the Act of 1892, and, apart from the Admiralty coroner, no coroner other than the borough coroner or his deputy can hold an inquest within the borough. 42. And for county coroners is it not so under the Act of 1892?—Yes, and deputies are appointed now under that Act for county coroners as well as borough coroners. 43. Now as to the appointment of county coroners, would you tell us about that >—There has been a great change in the appointment of county coroners. That change was effected by the Local Government Act, 1888. Previous to that the coroner for the county was elected by the freeholders of the county. The election was always put in train by a writ from the Lord Chan- 2120. [ Continued. cellor, really a writ from the Crown, issued by the Lord Chancellor de coronatore eligendo, and all county coroners were elected in pursuance of that writ, That writ used to be addressed to the sheriff. The sheriff then held the county court, that is, the old county court, and at the county court the freeholders attended and the coroner was elected. There are minute provi- sions in the Coroners’ Act, 1887, as to how that should be carried into effect. Those were all repealed. 44, Next year ?—Yes, by the Local Government Act of 1888, and now the writ de coronatore eligendo goes to the county council to elect a county coroner and upon the receipt of that the county council must elect within a certain period: “on the receipt of the writ it is the “ duty of the county council to appoint a fit person, not “ being a county alderman or county councillor, to fill “ such office and in the case of a county divided into “ coroners’ districts to assign him a district,” and any person so appointed has the like powers and duties, and is entitled to like remuneration as if he had been elected. coroner for the county by the freeholders. 45. I suppose the clerk to the county council applies to the Lord Chancellor to issue a writ P—Yes, if the previous coroner is dead, he sends up the certificate of death with an affidavit of identification. If the previous coroner has been deprived by the Lord Chancellor there is a writ to remove him. 46. De coronatore exonerando ?—Yes, and that is accompanied by a writ de coronatore eligendo, and the County Council take proceedings upon the eligendo writ : ‘“‘ However, the county council may postpone the “appointment of a coroner to fill the vacancy for a * period of three months from the date at which the * vacancy occurred.” 47. Before we go on to your next head, the coroner, you say, must be a fit person P—Yes. 48. Is the obligation now repealed that he must be a freeholder in the county ?—That is still in force. He must have certain land in the county. 49, He must be a freeholder in the county ?—Yes, Section 12 of the Coroners Act, 1887, provides: ‘‘ Every * coroner for a county shall be a fit person having ‘“« land in fee sufficient in the same county whereof he ** may answer to all manner of people.” 50. Apart from holding freehold land, I suppose the county council may appoint anybody they like P— They may appoint any person they like, except a councillor or an alderman. 51. There is no definition either judicial or otherwise, is there, of a fit person ?—There is a judicial description by Lord Coke as to what should be a fit person. 52. That will be very interesting ?—According to Lord Coke, in the Second Institute, page 174 53. That will be about 1620?—Yes, he says “A “ coroner should have five qualifications, he should be “© probus homo, legalis homo ’’—— 54. That means that he is not an outlaw or bankrupt >—Yes, a man who stands rectus in curid, neither outlawed, excommunicated, nor infamous. 55. Is it not the old “lawful man” ?—Yes. Then it goes on, “of sufficient knowledge and understanding ; « of good ability and power to execute his office accord- ing to his knowledge; and, lastly, of diligence and attendance for the due execution of his office. And this for three purposes: (1) The law presumes that he will do his duty, and not offend the law, at least for fear of punishment, whereunto his lands and goods are subject’; that is why he should have land with which to answer all men. ‘(2) That he be able to * answer the King all such fines and duties as belong to ‘ him, and to discharge the county thereof; and (3), *« that he may execute his office without bribery.” 56. No professional qualification is required P—At present there is none required. 57. Theoretically, the coroner might be a soldier or sailor or anybody ?—Yes. 58. (Sir Malcolm Morris.) Is there an example of any outrageous person being appointed ?—I think you will find that some franchise coroners are persons of no attainments either medical or legal. 59. (Chairman.) As a matter of fact, the great majority of coroners are solicitors; there are a few barristers, and a certain number of medical men P—Yes, A 3 6 ” 6 _ 6 nn 6 s nn » € n