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sition mentioned as is just command you that you sell or cause to be sold the said goods and chattels and every part thereof for the best price that can be got for the same and at the least for the said sum of £- at which they were so appraised as aforesaid so that you have the sum of money arising by such sale before the barons of our Exchequer at Westminster the - day of this instant then and there to be paid to our use; and that you make then and there distinctly and plainly appear to our said barons all that you shall do concerning the premises; and have there this writ. Witness &c.

By the said transcript and by the barons.

Return thereto.

By virtue of this writ to me directed I have caused the goods and chattels in the schedule hereunto annexed mentioned to be sold for £- being the best price I could get for the same; which money I have before the barons of the Queen's Exchequer at W. on the day within mentioned ready to be paid to her Majesty's use according to the command of this writ.

The answer of

- Sheriff.

SECTION III.

SPECIAL COUNTY COURT FOR THE ELECTION OF

CORONER.

In this Court the Sheriff is the returning officer, and the person upon whom mainly devolve the active duties of the election. Coroners, or Crowners, are of three kinds.

a

:

Coroners:1. Virtute officii. 2. Virtute chartæ sive commissionis. 3. Virtute electionis. The two first divisions of the subject may be passed over, because the Sheriff has no interest in their appointment; coroners virtute electionis alone falling within the scope of his authority. They are such as are, by stat. Westm. 1, c. 10, 3 Edw. 1, and 28 Edw. 3, c. 6, eligible and chosen in the full counties, by the commons of the same counties. This statute requires them to be Knights; but knighthood is not necessary, the words being introduced diverso intuitu.b

By Westm. 1, c. 10, it is enacted, "that through all shires sufficient men shall be chosen of the most loyal and wise knights which know well and may best attend upon such offices and which lawfully shall attach and present pleas of the Crown." And by 14 Edw. 3, st. 1, c. 8, it is enacted "that no coroner be chosen Qualificaunless he have land in fee sufficient in the same county whereof he tion. may answer to all manner of people." The 28 Edw. 3, c. 6, which confirms to the shires the power of electing coroners, saves to the Crown and to lords of franchises their right of making coroners, as they had done before. If one prove insufficient to answer for the fines, &c., the county, as superior, must answer for his miscarriage. As the coroner is chosen by writ, and not created

a See Hawk. P. C. b. 2. ch. 9; 2 Hale's P. C. 55; 1 Bl. Comm. 346 (Edit. Christian); Garnett v. Ferrand,

6 B. & Cr. 610.

b See F. N. B. 164.

e 2 Inst. 174; 2 Hale, 56.

by patent, his office is not determined by demise of the Sovereign.a

In some counties, there are two coroners, in some four, in some six. In each county in Wales and in Cheshire two, London, the Cinque Ports, and the Dean and Chapter of Westminster, have their own coroners. In the Stannaries in Cornwall the wardens are coroners. The Bishop of Ely has the appointment of the coroners in the Isle of Ely. The coroner of the Admiralty is appointed by the Lord High Admiral. That of the Verge by the Lord High Steward for the time being.d

Upon the death of the coroner, or removal, the first step to be taken by the candidate who wishes to apply for the writ, is to make or get an affidavit of the death or removal (as the case may be) of the late coroner,-sworn before a Commissioner to administer oaths in Chancery.

In Chancery.

Affidavit.

A. B.

A. B. of the parish of M. in the county of W. gentleman maketh oath and saith that G. T. late one of the coroners of the said county departed this life on or about the last past. Sworn &c.e Petition.

day of

To the Right Honble. the Lord High Chancellor of Great Britain.

The humble petition of us whose names are hereunto subscribed freeholders of the county of W. on behalf of ourselves and others freeholders of the said county Sheweth

That G. T. late one of the coroners for the said county of W. departed this life on or about the day of as by the affidavit hereunto annexed appears. And that it will be for her Majesty's service and general good of the said county to have a proper person elected coroner in the room and stead of the said G. T. deceased.

Your petitioners therefore most humbly pray your lordship's order that a writ de coronatore eligendo do issue for the election of a new coroner for the said county of W. in the room and stead of the said G. T. deceased. And your petitioners shall ever pray &c.f

Writ de Coronatore Eligendo.

The Queen to the Sheriff &c. Because L. one of our coroners in your county is dead as we have received information we command you if it be so that then in your full county with the assent of the same county you cause to be chosen in the place of him the said L. one other coroner according to the form of the statute thereof set forth and provided who having taken the oath (as the custom is) from thence

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forth shall do and keep those things which belong to the office of coroner in the county aforesaid and cause to be chosen such a person who best may know and be most able to discharge that office and make known to us his name. Witness &c.

the district.

court for

coroner.

mined on

the view,

The 58 Geo. 3, c. 95, is repealed by the 7 & 8 Vict. c. 92, entitled "An Act to amend the Law respecting the Office of County Coroner." This Act provides for the division of the county into districts. As regards the election, and the Sheriff's duty therein, Election to it enacts (amongst other things) "That from and after the time be held in when any county shall have been so as aforesaid divided, every election of a coroner for any such district shall be held at some place within the district in which he shall be elected to serve the Who to office of coroner; and that every person to be so elected shall elect. be chosen by a majority of such persons residing within such district as shall at the time of such election be duly qualified to Sheriff to vote at the elections of coroners for the said county.a That hold a spefrom and after the division of any counties as aforesaid into cial county coroners' districts, upon every election to be made of any coro- election of ner or coroners for any county, the Sheriff of the county where such election shall be made shall hold a Court for the same election at some convenient place within the district for which the election of coroner shall take place, on some day to be by him appointed, which day shall not be less than seven days nor more than fourteen days after the receipt of the writ de coronatore If election eligendo; and in case the said election be not then determined not deterupon the view, with the consent of the electors there present, but that a poll shall be demanded for determination thereof, then the then to prosaid Sheriff, or in his absence his Under-sheriff, shall adjourn the ceed to take same Court to eight of the clock in the forenoon of the next day a poll. but one, unless such next day but one shall be Saturday or Sunday, and then of the Monday following; and the said Sheriff, or in his absence the Under-sheriff, with such others as shall be deputed by him, shall then and there proceed to take the said poll in some public place or places by the same Sheriff, or his Undersheriff as aforesaid in his absence, or others appointed for the Duration of taking thereof as aforesaid; and such polling shall continue for poll. two days only, for eight hours in each day; and no poll shall be kept open later than four of the clock in the afternoon of either Places for of the said days.b That for more conveniently taking the poll at taking the all elections of coroners under the authority of this act, the poll poll at elecfor the election of the coroner in each district shall be taken at coroners. the place to be appointed for holding the Court for such election, and at such other places within the same district as may for the Sheriff may time being be appointed by the Quarter Sessions. That at every erect polling contested election of coroner for any district of the said county, the Sheriff, Under-sheriff, or Sheriff's deputy shall, if required by or on the behalf of any candidate on the day fixed for the election, and, if not so required, may, if it shall appear to him expedient, cause a booth or booths to be erected for taking the poll at the

tions for

booths for

taking the poll at.

a Sect. 9.

b Sect. 10.

c Sect. 11.

poll out of the district where his

property lies.

In case of parish not included in

a

any district.

Poll clerks

to be appointed and

sworn.

at any

Court or principal place of election, and also at each of the polling places within the district herein before directed to be used for the purposes of such election, and shall cause to be affixed on the most conspicuous part of each of the said booths the names of the several parishes, townships, and places for which such booth No voter to is respectively allotted; and no person shall be admitted to vote such election in respect of any property situate in any parish, township, or place, except at the booth so allotted for such parish, township, or place, and if no booth shall be allotted for the same, then at any of the booths for the same districts; and in case any parish, township, or place, or part of any parish, township, or place, shall happen not to be included in any of the districts, the votes in respect of property situate in any parish, township, or place, or any part of any parish, township, or place so omitted, shall be taken at the Court or principal place of election for such district of the said county. And for the more due and orderly proceeding in the said poll, be it enacted, That the said Sheriff, or in his absence the Under-sheriff, or such as he shall depute, shall appoint such number of clerks as to him shall seem meet and convenient for the taking thereof, which clerks shall take the said poll in the presence of the said Sheriff or his Undersheriff, or such as he shall depute; and before they begin to take the said poll, every clerk so appointed shall by the said Sheriff or his Under-sheriff, or such as he shall depute as aforesaid, be sworn truly and indifferently to take the same poll, and to set down the names of each elector, and the place of his residence, and for whom he shall poll, and to poll no elector who is not sworn, if required to be sworn by the candidates or either of them; and which oaths of the said clerks the said Sheriff or his Under-sheriff, or such as he shall depute, shall have authority to Inspector of administer; and the Sheriff or in his absence his Under-sheriff, as poll clerk. aforesaid, shall appoint for each candidate such one person as shall be nominated to him by each candidate to be inspector of every clerk who shall be appointed for taking the poll; and every elector, before he is admitted to poll at the same election, shall, if required by or on behalf of any candidate, first take the oath hereinafter mentioned, which oath the said Sheriff, by himself or his Under-sheriff, or such sworn clerk by him appointed for taking the said poll as aforesaid, shall have authority to administer (that is to say):

Electors to

be sworn.

lying at

"I swear [or, being one of the people called Quakers, or entitled by law to make affirmation, "solemnly affirm"] that I am a freeholder of the county of and have a freehold estate, consisting of within the said county; and that such freehold estate has not been granted to me fraudulently or colourably on purpose to qualify me to give my vote at this election; and that the place of my abode is at [and, if it be a place consisting of more streets or places than one, specifying what street or place]; that I am twenty-one years of age, as I believe; and that I have not been before polled at this election [adding, except in cases of solemn affirmations,] So help me God.b

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and final

didates.

"That the poll clerks shall, at the close of the poll, inclose and Custody of seal their several books, and shall publicly deliver them, so poll books, inclosed and sealed, to the Sheriff, Under-sheriff, or Sheriff's declaration deputy presiding at such poll, who shall give a receipt for the of the poll. same; and every such deputy who shall have received any such poll books shall forthwith deliver or transmit the same, so inclosed and sealed, to the Sheriff or his Under-sheriff, who shall receive and keep all the poll books unopened until the reassembling of the Court on the day next but one after the close of the poll, unless such next day but one shall be Sunday, and then on the Monday following, when he shall openly break the seals thereon, and cast up the number of votes as they appear on the said several books, and shall openly declare the state of the poll, and shall make proclamation of the person chosen, not later than two of the clock in the afternoon of the said day. That all the rea- Expenses of sonable costs, charges, and expenses which the said Sheriff, or his Sheriff, &c., Under-sheriff or other deputy, shall expend or be liable to in and to be paid about the providing of poll books, booths, and clerks (such clerks by the canto be paid not more than one guinea each for each day), for the purpose of taking the poll at any such election, shall be borne and paid by the several candidates at such election in equal proportions. And whereas, in cases where the Sheriff is a party, Coroners to or otherwise disqualified to act, and in various other cases, writs be paid when they and processes in civil actions and suits, and also extents and other process where the Queen is interested, are frequently directed to Sheriffs. and executed by the coroner in the place and stead of the Sheriff, but the coroner is not in any such case allowed any fee or reward for the execution of any such writs, process, or extents; be it therefore enacted, That in all cases where any writ, process, or extent whatsoever shall be directed to and executed by any coroner or coroners in the place or stead of any Sheriff or Sheriffs, such coroner or coroners shall have and receive such and the same poundage fees or other compensation or reward for executing the same as the Sheriff or Sheriffs, if he or they had executed the same, would have been entitled to receive for so doing, and shall also have such and the same right to retain, and all other remedies for the recovery of the same, as the Sheriff or Sheriffs would have had in whose place and stead such coroner or coroners shall have been substituted; and if the fees or compensation payable to the Sheriffs shall at any time after the passing of this Act be increased by Act of Parliament or otherwise, that in every such case the coroner or coroners shall be entitled to such increased fees or compensation. That nothing in the Act contained To what touching the divisions of counties into districts, or the appointment places this or election of coroners, shall extend to the county of Chester, or Act shall any county palatine, city, borough, town, liberty, franchise, part not extend. or place, the appointment or election of coroner whereof takes

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act for

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