Coroner.

sation which it shall appear to him or them ought to be awarded to such coroner, and the amount of such compensation shall be paid by the reasurer of the county to such coroner, his executors or administrators, 7 & 8 Vict. c. 92. ut of the county rate."

be made.

Sect. 7. "That such justices so assembled as aforesaid shall order a List of places in st to be prepared by the clerk of the peace for their respective counties each district to f the several parishes, townships, or hundreds, as the case may be, in ach and every of the several districts into which the respective counties hall be divided under the authority of this act, specifying in such list he place within each district at which the court for the election of oroner is to be holden, and also the place or places at which the poll hail be taken, inserting the parishes, townships, and places for each of uch polling places, and shall cause such order to be enrolled among the cords of the county."

form parts of

Sect. 8. "That all isolated or detached parts of counties shall be con- Detached parts to dered, for the purposes of this act, as forming a part of that county, counties by which fing, or division respectively whereby such isolated or detached parts they are surhall or may be wholly surrounded, but if any such isolated or detached rounded. art shall be surrounded by two or more counties, ridings, or divisions, hen as forming part of that county, riding, or division with which such solated or detached part shall have the longest common boundary.”

Sect. 9. "That from and after the time when any county shall have Election to be been so as aforesaid divided every election of a coroner for any such held in the dislistrict shall be held at some place within the district in which he shall

trict:

e elected to serve the office of coroner; and that every person to be so who to elect. lected shall be chosen by a majority of such persons residing within sch district as shall at the time of such election be duly qualified to vote tthe elections of coroners for the said county."

court for

Sect. 10. "That from and after the division of any counties as afore- Sheriff to hold a had into coroners districts, upon every election to be made of any special county Groner or coroners for any county, the sheriff of the county where such election of fection shall be made shall hold a court for the same election at some coroner. onvenient place within the district for which the election of coroner hall take place, on some day to be by him appointed, which day shall ot be less than seven days nor more than fourteen days after the re

the view, then to

ipt of the writ de coronatore eligendo; and in case the said election be If election not ot then determined upon the view, with the consent of the electors determined on here present, but that a poll shall be demanded for determination proceed to take a thereof, then the said sheriff, or in his absence his under sheriff, shall poll. adjourn the same court to eight of the clock in the forenoon of the next day 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 under sheriff as aforesaid in his absence, or others

appointed for the taking thereof as aforesaid: and such polling shall Duration of poll. continue for 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 of the said days."

tions for coroners.

Sect. 11. "That for more conveniently taking the poll at all elections Places for taking of coroners under the authority of this act, the poll for the election of the the poll at eleccoroner in each district shall be taken at 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 time being be appointed by the quarter

sessions."

taking the poll at.

Sect. 12. "That at every contested election of coroner for any district Sheriff may erect of the said county, the sheriff, under sheriff, or sheriff's deputy shall, if polling booths for 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 court or principal place of election, and also at each of the polling places within

Coroner.

7 & 8 Vict. c. 92.

No voter to poll out of the district

where his pro. perty lies.

In case of a parish

not included in any district.

Poll clerks to be appointed and

sworn.

the district herein before directed to be used for the purposes of sue election, and shall cause to be affixed on the most conspicuous part each of the said booths the names of the several parishes, townships, an places for which such booth is respectively allotted; and no person sh be admitted to vote at any such election in respect of any proper situate in any parish, township, or place, except at the booth so allott for such parish, township, or place, and if no booth shall be allotted f the same, then at any of the booths for the same districts; and in ca any parish, township, or place, or part of any parish, township, or plac shall happen not to be included in any of the districts, the votes respect of property situate in any parish, township, or place, or any pa of any parish, township, or place, so omitted, shall be taken at the com or principal place of election for such district of the said county."

Sect. 13. And for the more due and orderly proceeding in the sa poll, be it enacted, That the said sheriff, or in his absence the und sheriff, or such as he shall depute, shall appoint such number of cle as to him shall seem meet and convenient for the taking thereof, whi clerks shall take the said poll in the presence of the said sheriff or h under sheriff, or such as he shall depute; and before they begin to tal the said poll every clerk so appointed shall by the said sheriff or under sheriff, or such as he shall depute as aforesaid, be sworn truly an indifferently to take the same poll, and to set down the names of ea elector, and the place of his residence, and for whom he shall poll, ar to poll no elector who is not sworn, if required to be sworn by the can dates or either of them; and which oaths of the said clerks, the sa sheriff or his under sheriff, or such as he shall depute, shall have anth rity to administer; and the sheriff, or in his absence his under sheriff, Inspector of poll aforesaid, shall appoint for each candidate such one person as shall nominated to him by each candidate to be inspector of every clerk w shall be appointed for taking the poll; and every elector, before he admitted to poll at the same election, shall, if required by or on beh of any candidate, first take the oath hereinafter mentioned; which o the said sheriff, by himself or his under sheriff, or such sworn clerk him appointed for taking the said poll as aforesaid, shall have authori to administer; (that is to say,)

clerk.

Electors to be sworn.

'I swear [or being one of the people called Quakers, or entitled by law make affirmation, solemnly affirm], that I am a freeholder of the county and have a freehold estate, consisting of

lying at within the said county; and that such freehold estate has not been granted me fraudulently or colourably on purpose to qualify me to give my vote at ti election; and that the place of my abode is at [and, if it be a pla 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 befo polled at this election [adding, except in cases of solemn affirmations]

So help me God."

Sect. 14. "That every elector or other person who shall wilfully an falsely take the said oath or affirmation hereby appointed to be taken b the electors as aforesaid shall for every such offence incur the penalti by law inflicted on persons guilty of perjury; and every person wh shall unlawfully and corruptly procure or suborn any freeholder or oth person wilfully and falsely to take the said oath or affirmation in order be polled, shall for every such offence incur such pains and penalties are by law inflicted on persons guilty of subornation of perjury."

Sect. 15. "That the poll clerks shall, at the close of the poll, enclose an seal their several books, and shall publicly deliver them, so enclosed an sealed, to the sheriff, under sheriff, or sheriff's deputy presiding at suc poll, who shall give a receipt for the same; and every such deputy wh shall have received any such poll-books shall forthwith deliver or trans mit the same, so enclosed and sealed, to the sheriff or his under sheriff who shall receive and keep all the poll-books unopened until the reas

Coroner.

nbling of the court on the day next but one after the close of the poll, ess such next day but one shall be Sunday, and then on the Monday owing, when he shall openly break the seals thereon, and cast up the 7 & 8 Vict. c. 92. mber of votes as they appear on the said several books, and shall nly declare the state of the poll, and shall make proclamation of the con chosen, not later than two of the clock in the afternoon of the day."

sheriff, &c. to be

ect. 16. "That all the reasonable costs, charges, and expences which Expences of said sheriff, or his under sheriff or other deputy, shall expend or paid by the able to in and about the providing of poll-books, booths, and candidates. (such clerks to be paid not more than 17. 1s. each for each day), the purpose of taking the poll at any such election, shall be borne paid by the several candidates at such election in equal proions."

ance of jurors and

clerk of the peace;

ect. 17. “And whereas great difficulty and delay is frequently occa- Coroners may ed by the non-attendance of jurors and witnesses summoned to compel attendend the coroner on taking an inquest; be it therefore enacted, That if witnesses. person, having been duly summoned as a juror or witness to give Bence upon any coroner's inquest, as well of liberties and franchises tributing to the county rates, as of counties, cities, and boroughs, not, after being openly called three times, appear and serve as h juror, or appear and give evidence on such inquest, every such oner shall be empowered to impose such fine upon every person so king default as he shall think fit, not exceeding 40s.; and every such Coroner to certify mer shall make out and sign a certificate, containing the name and defaulters to the Lame, the residence and trade or calling of every such person so ing default, together with the amount of the fine imposed, and the se of such fine, and shall transmit such certificate to the clerk of the ce for the county, riding, division, or place in which such defaulter reside, on or before the first day of the quarter session of the peace next ensuing, and shall cause a copy of such certificate to be served the person so fined, by leaving it at his residence twenty-four hours the least before the first day of the said next quarter session of the ce; and every such clerk of the peace shall copy the fine or fines so who shall enter fied on the roll on which all fines and forfeitures imposed at such them on the roll rter session of the peace shall be copied, and the same shall be estreated, ed, and applied in like manner, and subject to the like powers, proons, and penalties in all respects, as if such fine or fines had been of the fines imposed at such quarter session: Provided always, that Proviso. hing herein contained shall be construed to affect any power now by vested in the coroner for compelling any person to appear and give lence before him on any inquest or other proceeding, or for punishing person for contempt of court in not so appearing and giving evidence, otherwise."

of fines.

in prosecutions

case.

Sect. 18. That from and after the passing of this act, in all cases Coroner not to which any person shall be charged by any coroner's inquisition act professionally th the commission of any crime, and shall be subsequently put upon where he shall trial, either on such inquisition, or in pursuance of any bill of indict- have sat as coront found for the same, the coroner before whom such inquisition shall ner in the same ve been found shall be wholly incompetent to act as an attorney in secution or defence of such person for such crime, either by himself or partner (directly or indirectly); and that in all cases in which it shall pear to the judge before whom such person shall be tried that any roner shall have so acted contrary to the provision and intention of this such judge shall impose upon every coroner so offending such nalty, not exceeding 501., as the said judge shall in his discretion

ink fit."

elected for a dis

Sect. 19. "That every coroner elected under the authority of this act, Coroner, although though such coroner may be designated as the coroner for any particular trict, shall be strict of a county, and may be elected by the electors of such district, considered as ad not by the freeholders of the county at large, shall for all purposes whole county,

coroner for the

except, &c.

Coroner.

whatsoever, except as hereinafter mentioned, be considered as a coron for the whole county, and shall have the same jurisdiction, rights, powe 7 & 8 Vict. c. 92. and authorities throughout the said county as if he had been elected of the coroners of the said county by the freeholders of the county large."

Present and

future coroners

(except during illness, &c. of coroner for

or in case of

vacancy in the

office,) to hold inquests only

Sect. 20. "That, except as aforesaid, every coroner for any county any district thereof, or his deputy, after he shall, in pursuance of the visions of this act, have been assigned to or elected by the electors of a particular district, shall, except during illness or incapacity or unavend another district, absence as aforesaid of any coroner for any other district, or durin vacancy in the office of coroner for any other district, hold inquests within the district to or for which he shall have been assigned or elect within the district Provided always, that the coroner who shall, by himself or deputy, b any inquest in any other district, save that to which he shall have b assigned or elected as aforesaid, shall, in his inquisition to be returned such inquest, certify the cause of his attendance and holding s inquest; which certificate shall be conclusive evidence of the illness incapacity or unavoidable absence as aforesaid of the coroner in wà stead he shall so attend, or of there being a vacancy in the office of care for the district in which such inquest shall be holden."

to which they

shall have been assigned or elected.

Coroners to be paid travelling expences where inquisition shall not be taken.

Coroners to be

act for sheriffs.

Sect. 21. "And whereas doubts have arisen as to the power of the tices to order the payment of allowances for travelling in any case wh an inquisition has not been taken, although such coroner has been c pelled to travel from his usual place of abode for the purpose of tak an inquisition; be it therefore enacted, That it shall and may be law for the justices of the peace in their general or quarter sessions assemb for the county, riding, division, or liberty where such inquisition w have been taken, or the major part of them, if they shall see fit, to or the payment of such allowances for travelling to any coroner who s show, to the satisfaction of the said justices, that he had been e pelled, in the discharge of his office, to travel from his usual pl of abode for the purpose of taking an inquisition, but which, in exercise of his discretion, he deemed to be unnecessary, and declu

to take."

Sect. 22. "And whereas, in cases where the sheriff is a party, or oth paid when they wise disqualified to act, and in various other cases, writs, and proces in civil actions and suits, and also extents and other process where queen is interested, are frequently directed to and executed by the co ner in the place and stead of the sheriff, but the coroner is not in a such case allowed any fee or reward for the execution of any such wr process, or extents; be it therefore enacted, That in all cases where a writ, process, or extent whatsoever shall be directed to and executed any coroner or coroners in the place or stead of any sheriff or sher such coroner or coroners shall have and receive such and the same pour age fees or other compensation or reward for executing the same as sheriff or sheriffs, if he or they had executed the same, would have be entitled to receive for so doing, and shall also have such and the sa right to retain, and all other remedies for the recovery of the sam as the sheriff or sheriffs would have had in whose place and stead st coroner or coroners shall have been substituted; and if the fees or co pensation payable to the sheriff's shall at any time after the passing of th act be increased by act of parliament or otherwise, that in every such ca the coroner or coroners shall be entitled to such increased fees or co pensation."

Coroners for

detached places

to continue to hold inquests.

6 & 7 Vict, c. 12.

Sect. 23. "And whereas by an act passed in the sixth year of the reig of her majesty queen Victoria, intituled 'An Act for the more convenies holding of Coroners Inquests,' it was enacted, that for the purpose holding coroners inquests every detached part of a county, riding, or vision shall be deemed to be within that county, riding, or division b which it is wholly surrounded, or where it is partly surrounded by or more counties, within that one with which it has the longest

commo

Coroner.

ndary: and whereas as to some such detached parts of counties, ings, or divisions there were at the time of the passing of the last-mened act coroners appointed expressly for and having jurisdiction in 7 & 8 Vict. c. 92. h detached parts only, and doubts have arisen whether such lastntioned coroners were superseded by such last-mentioned act; be it refore enacted, That as to every such detached part of any county for ch at the time of the passing of the said last-mentioned act there was proner appointed for and acting in such detached part such last-mened coroner shall (if now living, and not having resigned, or been oved from his office otherwise than by the operation of the said act,) tinue to hold and exercise his former office and jurisdiction within detached part for so long a time and in such manner as such coroner ald have held and exercised the said office and jurisdiction if the said -mentioned act had not passed."

sioned to any

ect. 24. “That the treasurer of every county shall keep an account of Expences of expences occasioned to such county by any inquest in or with respect inquests occany such detached part of any other county, and shall twice in every county with send a copy of such account to the treasurer of the other county to respect to any detached part of ch such detached part belongs; and the treasurer of such other county any other county. il, out of the monies in his hands as treasurer, pay the same to the ler of the treasurer sending the account, with all reasonable charges of ing and sending the account; and in case any difference shall arise cerning the said account, and such difference shall not be adjusted by reement, it shall be lawful for either of the parties to apply to the jusof assize of the last preceding circuit or of the next succeeding cir1, or to one of such justices, who shall, by writing under their or his ds or hand, nominate a barrister at law, not having any interest in the stion, to arbitrate between the parties; and such arbitrator may, if he li see fit, adjourn the hearing from time to time, and require all such her information to be afforded by either of the parties as shall appear i necessary and shall by his award in writing, determine the matters ifference, and his award shall be final and conclusive between the ties; and such arbitrator shall also assess the costs of the arbitration, shall direct by whom and out of what fund the same shall be paid." ect. 25. "That no coroner of the queen's household and the verge of Coroners for parqueen's palaces, nor any coroner of the admiralty, nor any coroner of ticular places city of London and borough of Southwark, or of any franchises be- this act. ring to the said city, nor any coroner of any city, borough, town, rty, or franchise which is not contributory to the county rates, or hin which such rates have not been usually assessed, shall be entitled ny fee, recompence, or benefit given to or provided for coroners by act; but that it shall be lawful for all such coroners as are last mened to have and receive all such fees, salaries, wages, and allowances they were entitled to by law before the making of this act, or as shall given or allowed to them by the person or persons by whom they have en or shall be appointed."

coroners

دو

excepted out of

extend to the

Sect. 26. "That the provisions of this act touching the allowance for Provisions of act e travelling expences of coroners shall be deemed and taken to extend as to expences to appointed and acting for the jurisdiction of the cinque ports, cinque ports. ything hereinbefore contained to the contrary notwithstanding.' Sect. 27. "That nothing in this act contained touching the divisions To what places counties into districts, or the appointment or election of coroners, shall this act shall not tend to the county of Chester, or any county palatine, city, borough, wn, liberty, franchise, part, or place the appointment or election of corowhereof takes place by law otherwise than under the writ de coronatore gendo."

extend.

Sect. 28. "That in construing this act the word 'county' shall be Meaning of emed to mean county, riding, or division of a county in and for which "county." separate coroner hath been customarily elected; and that in the counties York and Lincoln all things herein before directed to be done by and ith respect to the justices in general or quarter sessions assembled, and