16 Vic. c. 45. British stat. 1853. Justices to order collector to extorted, or not duly 18. If any collector be charged with extortion, or with not duly paying or accounting for any money levied or received by him, any two justices of the peace of the parish in which the offence shall be alleged to have been committed, shall inquire into such charge; and upon being satisfied of the truth thereof, repay money shall order the repayment of any money extorted, or the paypay money ment of any money levied or received, together with all reasonable costs; and, in addition, they may impose a penalty not may impose exceeding £20 on such collector; and in default of immediate payment thereof, to sentence him to be imprisoned in the nearest gaol or house of correction, with or without hard labour, for any period not exceeding three months; and every such conviction, unless and until reversed, shall operate to discharge such collector from his office, and to disqualify him from holding the office for any parish for the future. paid, and penalty, &c. Justices may order collector to pay monies covered by to be re process which he has lost the of exe enting, and payment, or enforce a fine, &c. 19. If any collector shall, by wilful default or connivance, or by neglect or omission, lose the opportunity of serving, levying, or executing, any process issued to him for service or execution, any two justices of the peace of the parish in which such neglect or omission may take place, upon complaint and on due proof opportunity thereof, may order and adjudge such collector to pay to the party complaining the sum or sums of money sought to be may enforce recovered by such warrant, or other process, or so much thereof impose and as such justices shall think proper, and may enforce payment thereof, together with all costs thereon, by warrant in the form annexed to this act, and for want of a distress or of a sufficient distress, to commit such collector to the nearest gaol for any period not exceeding thirty days; and the justices may, in addition thereto, or in the first instance, at their discretion, impose a fine on the collector not exceeding £5 for each such offence, and to enforce such fine, together with all costs thereon, either by the original warrant or by a further warrant, according to the form annexed to this act; and for want of a distress, or of a sufficient distress, to commit such offender to the nearest gaol for any period not exceeding thirty days; such fine to be paid to the treasurer or collecting constable of the parish in which such collector shall be appointed, to be appropriated to the use of the poor of the said parish. Provided, That nothing herein contained shall exonerate the surety or sureties of such collector from the penalty of his or their bond in such default. Proviso. Bond to remain in force. On removal, &c., collector to de to his suc 20. On the removal, resignation, or dismissal, of any collector under this act, he shall deliver over to his successor all sumliver process monses or warrants, or proceedings, which may then be in his cessor, but hands unserved or unexecuted; and such successor shall act previous upon and enforce such process, summonses, or warrants and proceedings, in like manner as if they had been originally directed from liabil- to him; and the sureties of such collector so removed or dismissed, or who shall have resigned, shall not be discharged from sureties of collector not discharged ity for breach of duty by him. Island Act. 1853. their bond, in respect of any breach of duty which may have 16 Vic. c. 45. taken place previously to the transfer of the same, to the successor of such collector, nor until such summonses or warrants, and proceedings shall have been delivered over, and the provisions of this act complied with as hereinbefore directed. point deputies, whose point are to be clerks of the and exhibit ments, and Punish 42. Any collector of petty debts may appoint as many Collectors deputies as he may deem necessary, for the purposes of this act; and the collector shall immediately, upon each such appointment of any deputy, give notice thereof, in writing, to the ments, &c., clerk of the peace, who shall record the same in a book for that notified to purpose, and who shall cause to be kept hung up, conspicuously peace, who in his office, a list of the names of such deputies, from time to are to record time appointed by the collector; and the discharge and revoca- appointtion of each appointment shall, in like manner, be notified and record disrecorded; and any person who shall presume to act as deputy charges. without sufficient authority, or whose appointment is not so ment on notified and recorded as aforesaid, may be tried and punished deputies summarily before any two justices of the peace of the parish, and be subject to a fine of not exceeding £10, and in default of payment to imprisonment for not more than three calendar months, with or without hard labour; and every deputy So Deputies appointed shall be liable to all the pains and penalties hereby principal. imposed on his principal, and be subject to the summary jurisdiction of the justices, in like manner as his principal. Provided Proviso. always, That the collector and his sureties shall be liable for all and sureties the acts of his deputy or deputies, appointed under the authority deputies. of this act. acting without author ity. liable as Collector liable for No. 8. WARRANT FOR AMOUNT OF DEBT AGAINST COLLECTOR. Name of parish To parish of sum of £ said policeman and constable of the You are hereby required on sight hereof, forthwith to levy the is defendant, adjudged by us in favour of the the collector of petty debts, for wilful negligence and omission in 16 Vic.e.45. the charges aforesaid, and to return any overplus to the said Island Act. 1853. and for want of such distress or of a sufficient distress, you are hereby required to arrest the said by his body, and convey him to the nearest gaol, there to remain for the space of days, or till he shall have satisfied the said sum, and all charges aforesaid, or be otherwise discharged by due course of law: and for so doing this shall be your sufficient warrant. Given under our hands and seals this day of 185 No. 9. WARRANT FOR PENALTY AGAINST COLLECTOR. Name of parish or precinct To parish of sum of £ policeman and constable of the You are hereby required on sight hereof, forthwith to levy the being the amount of a certain fine adjudged by being a collector of petty debts us against of the said parish, for that he the said against and wilfully neglected and omitted to serve (or execute) the same (or if the default be nonpayment of money then), and having received the money due thereon, wilfully neglected and omitted to pay over the same to the plaintiff therein, according to law (or if the charge be for not making a return), did receive certain summonses and warrants for service and execution, and wilfully neglected and omitted to make the return required by law upon the goods and chattels (except the necessary wearing apparel and tools of trade) of the said ; and you are also required to sell the goods so restrained within the Given under our hands and seals this day of 117 VIII. COURTS OF CORONERS. (a) 3 EDW. I. c. 10.] What sort of men shall be coroners. shall have counter rolls with them. Sheriffs 3 Bow. I. ENGL. [A. D. 1275.] 3 Edw. I. c. 10.] Forasmuch as mean persons and indiscreet now of late are commonly chosen to the office of coroners, where it is requisite that persons honest, lawful, and wise, should occupy such offices: It is provided, That through all shires (a) This officer is as in England chosen for life, but is removable for incapacity, extortion, neglect, or misbehaviour. The number of coroners is limited to one for each parish, save as to Port Royal, where one is allowed for the town of Port Royal, and another for the mountain district of that parish. The time and manner of electing them is regulated by the general election law. The office of coroner is to inquire into the cause by which any person came to a violent or unnatural death, and this must be done upon view of the body; for if the body be not found he cannot inquire unless he have a special commission for the purpose. The coroner must also sit if convenient at the place where the death happened. If any be found guilty of murder or homicide, he is to commit them to prison for trial, and to inquire concerning their lands and goods, and certify the whole to the Supreme Court of Judicature or the next assize. Deodands (the forfeiture of chattels which may have caused a death) are abolished by 10 Vic. c. 7. In illness the coroner may appoint a deputy (being a magistrate) to act for him, and his inquisition cannot be quashed for mere technical errors. By 41 Geo. III. c. 13, the coroner is allowed £5 currency (£3 sterling) for every inquisition, and 1s. 6d. (sterling) per mile for travelling from his usual abode to take the inquisition, to be paid out of the public treasury. Where the inquest extends over several deaths by one cause on one view by the same jury, the inquest is taken as one inquisition, and only one fee payable thereon. By 8 Geo. IV. c. 22, all coroners in inquisitions on manslaughter or murder are required under penalty to take the evidence in writing, and are empowered to bind witnesses by recognizance to appear at the trial. By 13 Vic. c. 21, a medical practitioner may be summoned to give evidence on inquests, and to perform post mortem examinations, with the previous direction of the jury. His fees for attending are regulated by the act. (Vide PROSEC. and WITNESSES. Post.) A coroner's court is a close court for the purposes of the inquisition, and acting judicially he may exclude any one from the court who is there merely as a spectator or reporter, and not for the purpose of giving evidence or information 6 Barn. & C. 611. A coroner has a discretion as to admitting or excluding any person from his court; and it seems a newspaper statement of an inquisition accompanied with comments is libellous although the report is strictly true. He may disinter a dead body in order to view it; but if it is in such a state that it cannot be seen, the inquest must be taken by the jurors upon testimony. It is an indictable offence to bury a body liable to an inquest without sending for the coroner. Coroners may inquire as to found or c. 10. Engl. stat. 1275. 3 EDW. I. Engl. stat. c. 10. 1275. Coroner shall take nothing. sufficient men shall be chosen to be coroners of the most wise and discreet knights, which know, will, and may best attend upon such offices, and which lawfully shall attach and present pleas of the crown; and that sheriffs shall have counter rolls with the coroners as well of appeals, as of inquests of attachment, or of other things which to that office belong, and that no coroner demand or take any thing of any man to do his office upon pain of great forfeiture to the king. 28 EDW. III. c. 6. 28 EDW. III. c. 6.] Who shall be coroners, and by whom and Engl. stat. where they shall be chosen. ENGL. [A.D, 1354.] 1354. 28 Edw. III. c. 6.] All coroners of the counties shall be chosen in the full counties by the commons of the same counties of the most meet and most lawful people that shall be found in the said counties to execute the said office; saved always to the king and other lords which ought to make such coroners their seigniories and franchises. 4 EDW. I. stat. 2. Engl. stat. c 17. 10. 1276. Murther. Inquiry of 4 EDW. I. stat. 2.] Of what things a coroner shall inquire. ENGL. [A.D. 1276.] 4 Edw. I. stat. 2.] A coroner of our lord the king ought to 9 Hen. III. inquire of these things, first, when coroners are commanded by 3 Edw. I. c. the king's bailiffs, or by honest men of the country, they shall go to the places where any be slain, or suddenly dead or wounded, or where houses are broken, or where treasure is said to be found, and shall forthwith command four of the next towns, or five or six, to appear before him in such a place; and the offend when they are come thither, the coroner upon the oath of them shall inquire in this manner, that is to wit, If it concerns a man slain, whether they know where the person was slain, whether found slain. it were in any house, field, bed, tavern, or company, and if any, and who were there: Likewise it is to be inquired, who were, and in what manner culpable, either of the act, or of the force, and who were present, either men or women, and of what age ers. A man hidden treasure: they are to execute able expediency on many grounds, such as the difficulty of selection by the test of popular election, the rapidity of decomposition in a tropical climate, the inefficiency of jurors, and the delays and obstacles to travelling. If entrusted, as in Scotland, to the nearest magistrate, the duties it is believed might be more efficiently conducted, and at much less expense, than under the new system. |