CORONER. * 219 
viewed. 2 Hazuk. P. C. c. 9. But a coroner has no au¬ 
thority to take an inquifition of death without a view of 
the body ; and if the inqueft be taken by him without 
fuel) view, it is void. 2 Lev. 140. The coroner indy, in 
convenient time, take up a dead body that hath been 
buried, in order to view it; but if it be buried fo long 
that he can difeover nothing from the viewing it, or if 
there be danger of infection, the inqueft ought not to be 
taken by the coroner, but by juftices of peace, by the 
teftimbny of witneffes; for none can take it on view but 
the coroner. Bro. Coron. 167. If the body is buried, the 
town fit a 11 be amerced ; as it fliall be if tlte body is Buf¬ 
fered to. lie fo long' that it ftinks. 2 Danv. Abr. 209. 
Where the body hath lain for fome time, that it cannot 
be judged how it came by its death, that mult be re¬ 
corded ; that, at the coming of the jultices of aflize, the 
town where, &C. may be aiqCrced on fight of the coro¬ 
ner’s rolls. A coroner may find any nuifance by which 
the death of a man happens ; and the townfiiip fhall be 
amerced on fuch finding. 1 Nelf. Abr. 536. If one is fiain 
in the day, and the murderer efcapes, the town where 
done fliall be amerced, and the coroner is to enquire 
thereof on view of the body. 3 Hen. VII. c. 1. A coro¬ 
ner may take an indictment upon view of the body ; as 
alfo an appeal, within a year after the death of one fiain. 
Wood’s Inf. 491. But a coroner, fuper vifum corporis , can¬ 
not make an inquifition of an accelfary after the murder ; 
though he may of acceffaries before the faCt. Moor 29. 
Coroners ought to fit and enquire on the body of every 
prifoner that dies in prifon : they have no jurildiction 
within the verge of the king’s courts; nor of offences 
committed at lea, or between high and low water-mark 
when the tide is in ; though they have in arms and creeks 
of the fea. 3 A/?. 134. If a body is drowned, and can¬ 
not be found to be viewed, the inquifition muff be taken 
by juftices of peace, on the examination of witneffes. 
5 Rep. no. Where a coroner’s inqueft is quaihed, he 
mult make a new one fuper vifum corporis : and a coroner 
may attend and amend his inquifition in matters of form ; 
but if he milbehaves himfelf, and a melius inquirendum is 
granted upon it, that inquifition muff be taken by the 
fhefiffs or commifiioners, upon affidavits, and not fuper 
v fund corporis ; becanfe none but a coroner can take in¬ 
quifition fuper vifum , &c. and he is not to be trailed again. 
1 Salk .“ 190. 
A coroner’s inquifition being final, the coroner ought 
to hear counfel and evidence on both tides. 2 Sid. 90, 
ici. The coroner mult admit evidence, as well againlt 
the king’s intereft, as for it; but it hath been held, that 
if a perfon be killed by another, and it is certainly known 
that he did it, the coroner’s jury are to hear the evidence 
only for the king ; and enquire whether the killing were 
by malice, or without malice, &c. Hale , chief jultice. 
Where a coroner would not admit of evidence againlt the 
king, to prove a felo deJe to be non compos mentis, his in¬ 
quifition was let afide ; and a new inquifition taken, 
whereby it was found that the party, was non compos. 
2 Hale’s P. C. Go. If there be an inquifition of manilaughter 
or murder, and alfo an indictment by the grand jury 
againlt one, and he is arraigned, and found Not Guilty 
on the indictment, here it is neceffary to qualli the coro¬ 
ner’s inquifition, or to arraign the party upon it, and 
acquit him on that alfo; for otherwife it Hands as a re¬ 
cord againlt him, whereon he may pollibly be outlawed. 
2 Hale 65. And where a perfon found guilty by the coro¬ 
ner’s inqueft, pleads, and is acquitted by the petit jury, 
they mult give in who it was that killed the man, which 
ferves as an indictment againlt that other perfon ; and 
if they cannot tell who, they may mention fome fictiti¬ 
ous name. 
By 3 Edw. I. c. 10. coroners fit a 11 take nothing for 
doing their offices ; and, by the ancient law of England, 
none having any office concerning the adminiftration of 
jultice, could take any fee for doing his office ; arid 
therefore this ftatute was only in affirmance of the com¬ 
mon law. By 3 Hen. VII. c. 1. upon an inquifition taken 
on view of the body, the coroner fliall have thirteen 
fhillings and four-pence fee ■ of the goods of the mur¬ 
derer; and if he be gone, then out of the amercement 
of the town for the efcape: Though 1 I-Ien. VIII. c. 7. 
enacts, that where a perfon is fiain by mifadventure, the 
coroner is to take no fee, on pain of forty fhillings. Jus¬ 
tices of affize and of peace have power to enquire of 
and punifh extortions of coroners, and alfo their de¬ 
faults. By 23 Geo. II. c. 29. for every inquifition, not 
taken upon the view of a body dying in jail, which-lhall 
be taken by any coroner in any townfhip or place con¬ 
tributory to the rates directed by 12 Geo. II. c. 29. the 
fum of twenty fhillings ; and for every mile which he 
fliall travel from the place of his abode, the further fum 
of nine-pence fliall be paid him out of the money arifing' 
by the laid rates. And for every inquifition taken upon 
the view of a body taken in jail, fo much money, not 
exceeding twenty (hillings, fliall be paid him as the juf¬ 
tices at feffions fliall think fit to allow, out of the money 
arifing from the laid rates. Provided that over and above 
the recompence by the ftatute appointed, tiie coroner 
who fhall take an inquifition upon the view of a body 
(lain or murdered, fliall have the fee of thirteen fhillings 
and four-pence, payable by 3 Hen. VII. c. 1. out of the 
goods of the flayer or murderer, or out of the amercia¬ 
ments upon the townfhip, if the flayer or murderer 
efcape. Coroners taking further fees are guilty of ex¬ 
tortion. Provided that no coroner of the king's houfe- 
hold, and of the verge of the king’s palaces, nor any co¬ 
roner of the admiralty, nor of the county palatine of 
Durham, nor of the city of London and borough of 
Southwark, or of any of the franchifes belonging to the 
faid city, nor any coroner of any city, borough, town, 
liberty, or franchife, not contributory to the rates di¬ 
rected by 12 Geo. II. c. 29. or within which fuch rates 
have not been uf'ually affeffed, fliall be entitled to any 
fee, recompence, or benefit, given by this ait. 
If a coroner be remits in coining to do his office, when 
he is fent for, he fliall be amerced by virtue of the above- 
mentioned ftatute de coronatoribus. • Salk. 377. Hawk. P. C. 
170. If a coroner hath been guilty of any corrupt prac¬ 
tice, bribery, &c. in taking the inquifition, a melius in¬ 
quirendum may be awarded for taking a new one by fpe- 
cial conimiffioners. Coroners concealing felonies are to 
be fined, and fuffer one year’s imprifonment. 3 Edw. I. 
c. 9. Alfo for mif-management in the coroner, the filing 
of the inquifition may be (topped. 1 Mod. 82. A coroner’s 
inquifition is not traverfable : if it be found before the 
coroner fuper vifum corporis, that one was felo de fe, the 
executors ot adniiniftrators of the deceafed, it is faid, 
cannot traverfe it. 3 Inf. 55. But it lias been held, that 
the inqueft being moved into the court of king’s-bench 
by certiorari, may be there traverfed by the executor or 
adminiftrator of the deceafed. 2 Hawk. P. C. c. 9. And 
it hath been adjudged, that the inquifition of felo dej'e is 
traverfable, though fugamfecit is not. 2 Leo. 152. 
If a coroner be convicted of extortion, wilful negleCt 
of duty, or mifdemeanor in his office, the court before 
whom lie fliall be fo convicted, may adjudge that he fliall 
be removed from his office. 25 Geo. II. c. 29. 
Coroner of the King’s Household, hath an ex¬ 
empt jurifdidtion within the verge, which the coroner of 
the county cannot intermeddle with ; as the coroner of 
the king’s houfe may not intermeddle within the county 
out of the verge, a Hawk. P. C. c. 9. If an inquifition 
be found before the coroner of the county, and the co¬ 
roner of the verge, where the homicide was committed 
in the county, and it is fo entered and certified, it will 
be error. 4 Rep. 45. But if murder be committed within 
the verge, and the king removes before any indictment 
taken by the coroner- of the king’s houfehold, the coro¬ 
ner of the county, and the coroner of the king’s houfe, 
fhail enquire of the fame ; and, according to fir Edward 
Coke, the coroner of the county might enquire thereof 
at 
