on the day preceding the anniversary of a person's birth-day. (q) Nor can women vote at the election of coroners. (r) Women. Corporations sole may vote without objection, as Corporations. clergymen in respect of their spiritual livings. (s) But individual members of corporations aggregate Corporations have no right to vote at elections in respect of any aggregate. lands they may hold in their corporate capacity. (t) Thus, Fellows of Houses or Colleges in Universi- Fellows of ties are holden to have no voices for or by reason of colleges. their chambers or other availes in their Colleges. (u) Gentlemen of the Houses of Court of Chancery are holden to have no voices therein, by reason of their chambers there. (x) At the close of the poll at the end of ten days, or Proclamabefore, if there be no freeholders to poll, the Sheriff (q) Bishop's Castle case, Rogers on Elections, 81.; 1 Blackstone, 463.; Salk. 44. 625.; 1 Ld. Raym. 84. 480.; 2 Ld. Raym. 1095. (r) Jervis on Coroners, 17. (s) Dalton, 334. (t) Ibid. See Heywood on County Elections, 117. The reason probably is, that, generally speaking, in corporations aggregate the estates seem to form one common property, in which it is impossible to assign with certainty to any individual his estate. But it is considered that if particular estates were given to A., B., and C., and their successors, being members of any corporation aggregate, the difficulty would no longer exist, but they would be entitled to vote. Thus, some of the fellows of Lincoln College, Oxford, have been admitted to vote at elections for members of parliament for the county of Northumberland, in respect of estates expressly devised to individual fellowships. The author was also registered and voted at an election for the county of Warwick, in respect of his interest in certain estates in that county devised in a similar way to the senior Demies of Magdalen College, Oxford. Dalton, 334.; see Vicar of Hereford's case, Gloucester, 136.; Ball's case, 2 Peck. 113.; Weyped's case, ib.; Cricklade's case, 2 Lud. 368.; Sheppard's case, Bedford, ib. 541. (u) See Resolutions in the Cambridgeshire Election, 28th May, 1621, 1 Journ. 714.; Newport, 2 Lud. 296. n. (x) Dalton, 334. See Anstray's case, Middlesex, 2 Peck. tion. Scrutiny. Oaths. Return of having made proclamation, declares upon whom the election has fallen, unless a scrutiny is demanded, which it seems he is bound to grant. (y) The election being over, the Sheriff should open court and administer to the Coroner the oaths of allegiance and supremacy. and abjuration, or such other oath as may be by any statute substituted for them, and also their several oaths for the due execution of their offices. (z) The Sheriff makes his return conformable to the election, and according to the exigency of the writ certifies into Chancery the name of the new Coroner. (a) If he refuses to do so, an action upon the case may be maintained against him. (b) (y) 1 Vent. 206.; 2 Ibid. 25.; Freem. 17.; Lev. 50. (a) Jervis on Coroners, 19. (b) Ibid.; 2 Vent. 27. pacity. In his judicial capacity he has to inquire when Judicial caany one comes to his death suddenly or violently; how and by what means such death was caused; to pronounce judgment upon outlawries; to inquire of lands and goods, and escapes of murderers, treasure trove, wreck of the sea, deodands, &c. (a) In his ministerial capacity he has to execute the Ministerial king's writs, when the sheriff is a party to the capacity. suit, or kin to either of the parties, or on default of the sheriff. (b) Coroners are conservators of the king's peace, Coroners are and become magistrates by virtue of their election conservators of peace and and appointment. This privilege, independently of magistrates. their mere official duties, they are entitled at this (a) Before the statute of Magna Charta, c. 17. (4.), Coroners held pleas of the crown; but that power is taken away by the enactment quod nullus vicecomes constabularius coronator vel alii ballivi nostri teneant placita coronæ. The Sheriff in his tourne might, by the common law, inquire of all felonies saving the death of a man; but it is doubtful whether the Coroner can inquire of any felony but the death of a person, and that super visum corporis, except in Northumberland, where the Coroner may, by custom, inquire of other felonies. 4 Inst. 271.; 35 H. 6. c. 27.; 2 Hale, 65.; Hawkins, P. C. (Leach), ii. c. 9. 35. n. As to attaching and presenting pleas of the crown, see Stat. West. 1. (3 Ed. 1. c. 10.). Criminal appeals were also formerly held before the Coroner, but these have been put an end to by 59 Geo. 3. c. 46., in consequence of the case of Ashford v. Thornton, 1 B. & Ald. 405.; see Jervis on Coroners, 52. Coroners may cause felons to be day to exercise; and are empowered to cause felons to be apprehended, as well those that have been apprehended. found guilty after inquisition, as those suspected of guilt, or present at the death, and not guilty; as also burglars and robbers, in respect of whom no inquisition can be taken. And this, says Lord Hale (c), appears evidently by the statutes 3 Ed. 1. c. 9. and 4 Ed. 1., Officium Coronatoris; and with this agrees the common usage at this day; for many times the inquest are long in their inquiry, and the offender may escape, if the Coroner stay until the inquisition is delivered up. (d) And the may bind to Coroner may now bind any person to the peace who `makes an affray in his presence. (e) Coroner the peace. He may also turn a person out of a room where he is about to hold an inquisition, and no action of trespass will lie against him. (f) Where Coroners are empowered to act as judges, as in taking an inquisition of death, the act of one of them is of the same force as if they had all joined. (g) But when they are authorised to act only ministerially, as in the execution of a process directed to them, their acts are void if they do not all join. (h) The office of Coroner being by election does not determine by the demise of the king. (i) The jurisdiction of Coroners is limited to the county, liberty, or precinct, to and for which they are (c) Fitz. Inst. 163.; Mer. c. 1. s. 18.; Britt. 6.; Lamb's Inst. 378.; 1 Salk. 347.; Jervis on Coroners, 21. (d) Hale's P. C. 107. (e) 1 Bac. Abr. 491. (f) Garnett v. Ferrand and Another, 6 B. & C. 611. See Floyd v. Barker, 12 Co. 24.; Poole v. Gwynn, Lutw. 935. 1560.; Dr. Groenveldt v. Dr. Burwell and Others, 1 Ld. Ray. 454.; Hammond v. Howell, 1 Mod. 184. 2 Mod. 218. (g) Still, though one Coroner serves to pronounce an outlawry, the entry ought to be in the name of all of them; and so of all processes directed to them. Staunf. 53.; Jenk. Cent. 85. (h) Ibid. (i) Anon. 3 Salk. 100. See 1 Lev. 120.; Dyer, 165. elected or appointed, and cannot be enlarged by any private act or delegation from the crown. (k) of Coroner Law. By the common law if a man had been stricken Jurisdiction in one county, and died in another, it was doubtful at Common whether he were indictable or liable in either; but the more common opinion was that he might be indicted where the stroke was given. And if the party died in another county, the body was removed into the county where the stroke was given, for the Coroner to take an inquisition semper visum corporis. (1) и felonious. But the statute 2 & 3 Ed. 6. c. 24. s. 2. provided By statute, that when any person shall be feloniously stricken where death or poisoned in one county, and die of the same stroke or poisoning in another county, an indictment thereof found by jurors of the county where the death shall happen, whether before the Coroner upon the sight of such dead body, or before the Justices of the Peace or other Justices or Commissioners which shall have authority to inquire of such offences, shall be as good and effectual in the law as if the stroke and poisoning had been committed and done in the same county where the party shall die, or where such indictment shall be so founded. (m) This statute, however, and to cases assumed the existence of a felony, and was silent of felony. entirely as to what is to be done by Coroner or jury Statute con remain as if no such indictment were found. The effect of Other cases any other finding was left entirely as it stood at at Common common law. (n) Law. It was thought, too, that the statute 2 & 3 Ed. 6. Stat. does c. 24. did not extend to boroughs; but that in cases borough. (k) Finch, 388.; see 2 Inst. 629. As to Coroners virtute officii, vide suprà, p. 1. As to Coroners of the Verge, vide suprà, As to the Admiralty Coroner, vide suprà, p. 3. p. 4. (1) 1 Hale's P. C. 426.; see 9 Ed. 4. 48. and 7 H. 8. 7, 8.; and see 2 Hale's P. C. 426., and preamble to stat. 2 & 3 Ed. 6. (m) The stat. 4 Ed. 1., De Officio Coronatoris, is said by Serj. Hawkins, book ii. c. 9. s. 21., to be wholly directory, and in affirmance of the common law. (n) Reg. v. Gt. Western Railway. Judgment of Lord Den not extend to |