sued for within six months after cause of action, and tried in the district where such penalties accrued'; and in case of verdict for the defendant, or non-suit, or discontinuance, the defendant shall recover full costs. 4. Clerk of the peace, § within seven days after the general quarter sessions shall have first adjourned, to publish said returns in one public newspaper in the district, and fix up a schedule of such returns in the court house and conspicuous place in his office, and the same to continue fixed up until the end of the next general quarter sessions; and for every schedule so made and exhibited he shall be entitled to the fee of one pound, besides the expense of publicaton, in his accounts with the district. § 5. Clerk of the peace, within twenty days after the end of each quarter sessions, to transmit to the Inspector General a true copy of alr such returns within his district. § 6. Justices of he peace not exonerated from duly returning convictions to the general quarter sessions, as by law required. § 7. Act not to prevent any person aggrieved from prosecuting by indictment. § 8. Sheriff required to transmit quarterly, to the Inspector General. an account of fines, or be liable to the same penalty as justices, § 9. Act limited to Upper Canada.

SCHEDULE TO WHICH THIS ACT REFERS.

Return of Convictions made by me (or us, as the case may be) in the months of

18-.

The court of the coroner is a court of record, to enquire when any one dies in prison, or comes to a violent or sudden death, by what manner he came to his end, and this he is only entitled to do super visum corporis. (upon view of the body).-4 Inst. 271; 2 Hale's P. C. 53. The coroner's duty being partly judicial, it cannot be executed by deputy.-Impey. O. C. 473.

By stat. 4 Ed. I., c. 2, called the statute de officio coronatoris which enacts, "that the coroner, upon information, shall go to the place where any be slain, or suddenly dead, or wounded,

and shall forthwith command four of the next towns, or five, or six, to appear before him in such a place; and when they are come, the coroner upon the oath of them, shall enquire if they know where the person was first slain, whether it were inany house, field, &c., and who were there. Likewise it is to be enquired, who were culpable either of the act or of the force, and who present, and of what age they be, (if they can speak, and have discretion,) and as many as shall be found culpable by the inquest shall be committed to gaol; and such as shall be found there, and be not culpable, shall be attached until the coming of the justices, and their names shall be written in the rolls. If any man be slain suddenly, which is found in the fields, or in the woods, first it is to be seen whether he were slain in the same place or not, and if he were brought there they shall do as much as they can to follow their steps that brought him; it shall be enquired also, if the dead person were known, and where he lay the night before. And if any be found culpable of the murder, the coroners shall go to his house and enquire what goods he hath, and what corn he hath in his grange; and if he be a freeman, they shall enquire how much land he hath, and what it is worth yearly, and what crop he hath upon the ground. And they shall cause all the land, corn, and goods to be valued, and delivered to the townships, which shall be answerable before the justices; and likewise of his freehold, how much it is worth yearly, and the land shall remain in the King's hands until the lords of the fee have made fine for it. And these things being enquired, the body shall be buried." § 1.

"In like manner it is to be enquired of them that be drowned, or suddenly slain, whether they were drowned, slain, or strangled, by the sign of the cord about their necks, or any other hurt found upon their bodies; and if he were not slain, then ought the coroner to attach the finder and all others in the company. A coroner also ought to enquire of treasure found, who were the finders, and who is suspected thereof; and that may be perceived where one liveth riotously, haunting taverns, and hath done so of long time, hereupon he may be attached for this suspicion by four, or six, or more pledges. Also all wounds ought to be viewed, the length, breadth and deepness, and with what weapons, and in what part of the body the wound is; and how many be culpable, and how many wounds there be, and who gave the wound: all which things must be enrolled in the roll of the coroners. Concerning horses, boats, carts, &c., whereby any are slain, they shall be delivered unto the towns, as before is said. If any be suspected of the death of a man, being in danger of life, he shall be taken and im

prisoned. In like manner hue-and-cry shall be levied on all murderers, burglars, and for men slain, or in peril of death; as is used in England, and all shall follow the hue and steps as near as can be; and he that doth not, and is convict, shall be attached to be afore justices of the gaol." § 2.

Of Sudden, Violent Deaths, which are all within the Coroner's Office to enquire, and Inquisitions.

Sudden, violent deaths, are of these kinds :-1. By the visi tation of God:-2. By misfortune, where no other had a hand in it; as if a man fall from a horse or cart: 3. By his own hand, as felo de se: 4. By the hand of another, where he is known, whether by murder, manslaughter, se defendendo, or per infortunium.-2 Hal. P. C. 62.

Coroners are not to obtrude themselves into private families, where there is no pretence for supposing that 'the deceased died otherwise than by a natural death.-11 East. 231.

1. The dying suddenly is not to be understood of a fever, apoplexy, or other visitation of God, for then the coroner might be sent for in every case.-Umfr. 208. If the inquisition find that he died by the visitation of God, there is no more to be done, only the inquisition, together with the examination, are to be returned to the next gaol delivery.

2. If the inquest find the death per infortunium simply, as a fall, &c., then the coroner is to take examination, and return the same, with the inquisition, to the next gaol delivery, and to enquire of the deodand and the value, and in whose hands, and to seize and deliver the same to the township, to be answerable for the same to the King.—4 Ed. I.

3. If the inquest find a man felo de se, who is one that puts an end to his own existence, or commits any unlawful malicious act, the consequence of which is his own death: as, if attempting to kill another, he runs upon his antagonist's sword; or shooting at another, the gun bursts and kills himself; they ought to find the special matter, and also what goods and chattels he had, of what value, and seize and deliver the same to the township, to be answerable to the King, or his almoner, or the lord of the franchise, to whom they belong, and shall bind over the first finder of the body to the next gaol delivery. 2 H. P. C. 62.

4. If the party be slain, and the felon is not known, they are to find their inquisition accordingly, and shall bind over the first finder of the body to the next gaol delivery, and return his examinations, together with his inquisitions.-2 H. P. C. 63. 5. But if the person was slain, and the party that did it was known, and the inquisition found him guilty of the death, or

that he died by his hand, there were these proceedings, viz:The inquest were also to enquire of all that were present, aiding and abetting; they shall also enquire of all accessories before the fact; but they cannot enquire of accessories after the fact. If they find him guilty, as principal, or accessory before the fact, they shall enquire whether he fled for the same; if the inquisition find that he fled, it is a forfeiture of his goods; but they cannot be seized before he be convicted of the felony. -1 R. III. c. 3; 2 H. P. C. 63.

If the persons that are found guilty by the inquest be taken, the coroner may and must commit them to the sheriff, and he is to send them to the gaol; but if they be not found he is not to proceed to outlawry, but return his inquisition to the next gaol delivery, and the justices of gaol delivery are to proceed against the offenders if in gaol; if not, then to certify the inquisition into the King's Bench, and then process of outlawry to go against them upon that inquisition.-4 Ed. I.; 3 H. VII. c. 1; 2 H. P. C. 64.

It is clearly agreed that the inquest shall be taken on the view of the body, and that an inquest otherwise taken by the coroner is void. 2 Haw. P. C. c. 9, § 23. But when the body cannot be found, or is so putrefied that a view would be of no service, the coroner, without a special commission, cannot take the inquest; but in such cases it shall be taken by justices of the peace, or other justices authorised, by testimony of witnesses.-Vent. 352; Haw. P. C. c. 9, § 25. It is an indictable offence to bury the body before, or without, sending for the coroner.-1 Salk. 377. And a coroner may, within a convenient time, take up a dead body out of the grave, in order to view it and hold an inquest. The coroner may enquire of accessories before the fact, but not of accessories after the fact. Where there is no pretence for supposing that the deceased died otherwise than by a natural death-for instance, if he died of fever, apoplexy, or other visitation of God-an inquisition ought not to be held.-Umfr. 208. The coroner ought also to enquire of the death of all persons who die in prison, that it be known whether they die by violence or any unreasonable hardships; for if a prisoner, by the duress of the gaoler, come to an untimely death, it is murder in the gaoler.-3 Inst. 52, 91. And this inquest upon prisoners ought to consist of a party jury—that is, six of the prisoners (if so many there be), and six of the next ville or parish not prisoners.-Umfrev. 212,

213.

Of Crimes.

The crimes which are likely to come under the cognizance

of a coroner, and the law thereon, are fully set forth under the title "Homicide," with the exception of the crime of Felonia de se, or suicide; which is committed when a person of the age of discretion and compos mentis, kills himself by stabbing, poison or any other way.-1 Hal. P. C. 411. If he lose his memory by sickness, infirmity or accident, and kills himself, he is not felo de se, neither can he be said to commit murder upon himself or any other. It is not every melancholy or hypocondriacal distemper that denominates a man non compos mentis, for there are few who commit this offence but are under such infirmities, but it must be such an alienation of mind that renders them to be madmen, or frantic, or destitute of the use of reason. A lunatic killing himself in a fit of lunacy is not felo de se; but if he kills himself in a lucid interval he is a felo de se.-1 Hal. P. C. 412. If a man voluntarily give himself a mortal wound, and die within a year and a day of that wound, he is felo de se, and he cannot purge the crime nor the forfeiture inflicted by the law, by his repenting what he had done.—Ib. 411. It must be simply voluntary and with an intent to kill himself. If A. to prevent a gangrene beginning in his hand, doth, without advice, cut off his hand, by which he dies, he is not thereby felo de se; for though it was a voluntary act, yet it was not with an intent to kill himself. -Ib. 412. A felo de se shall be buried in the highway, with a stake driven through his body.-4 Bl. Com. 190. This barbarous custom has been repealed in England, by statute 4 G. IV. which does not however extend to this province. The forfeiture of felo de se is of goods and chattels only.-1 Hale, P. C. 413.

Of Deodands.

A deodand is where any man kills himself, or is by misfortune slain by a horse, cart, or any other thing that moveth to his death; then the thing which is the cause of, or moved to his death shall be forfeited to the King.-Lill. Pr. Reg. 607. No deodand is due when an infant, under the age of 'discretion, is killed by a fall from a cart, or horse, or the like, not being in motion.-1 Hale, 422. But if a horse, or ox, or other animal, of his own motion kill, as well an infant as an adult, orif a cart run over him, they shall in either case be forfeited as deodands. Where a thing not in motion is the occasion of death, that part only which is the immediate cause is forfeited; as, if a man be climbing up the wheel of a cart, and is killed by falling from it, the wheel alone is a deodand; but wherever the thing is in motion, not only that part which immediately gives the wound, (as the wheel which runs over the body) but