One coroner is answerable, civilly, for the acts of his co-coroner. (Naylor v. Sharply, 1 Mod. 198; 2 Mod. 23, S. C.). But no criminal responsibility can attach upon one who is constructively only a participator in the abuse; and therefore where one coroner gave to another a general authority to act in his name, it was held that he was not responsible, criminally, for an abuse of that authority, committed without his concurrence or participation. (Lord Coningsby v. Steed, 8 Mod. 193; see R. v. Huggins, Ld. Raym. 1574; 2 Stra. 882, S. C.; Staundf. 53a; 2 Hale, 59).

12. Forms.

Offence of coroner.

No action lies against a coroner for any act done by him when acting Action against for judicially and within the scope of his jurisdiction. (Garnett v. Fer- acts done. rand, 6 B. & C. 611; 9 D. & R. 657; Floyd v. Barker, 12 Rep. 14; Lutu.

195, 1560; Groenvelt v. Burwell, 1 Ld. Raym. 454; Hamond v. Howell,

1 Mod. 184; 2 Mod. 218, S. C.).

The office of coroners for the county of Durham is regulated by the Coroners for Dur7 Will. IV. & 1 Vict. c. 64.

ham.

XII. Forms (a).

Coroner's Precept to Summon a Jury, (No. 1).

Juror's Oath on the Coroner's Inquest, (No. 2).

Witness's Oath, (No. 3).

Summons for Witness, (No. 4).

Warrant against a Witness for Contempt of Summons, (No. 5).

Commitment of a Witness for refusing to give Evidence, (No. 6).

Inquisition of Murder (No. 7); the like, against Accessaries (No. 8); inquisition where one Hangs himself (No. 9); the like, where one Drowns himself (No. 10); the like, on one Drowned by Accident (No. 11); the like, where one Dies a Natural Death (No. 12); the like, on one who Dies in Gaol (No. 13); the like, on one not Compos mentis (No. 14); the like, on one for Cutting his Throat (No. 15); the like, for Killing another in his own Defence (No. 16); the like, when the Murderer is unknown (No. 17); the like, on one Killed by a Collision on a Railway (No. 18).

Recognisance of Jurors upon an Adjournment (No. 19).

Proclamation of Adjournment (No, 20); the like Proclamation at Adjourned
Meeting (No. 21).

Oath of Officer to keep the Jury until they are agreed in their Verdict (No. 22).
Recognisance to Prosecute (No. 23); the like, to give Evidence (No. 24).
Warrant to Bury after a View (No. 25); the like, to Bury a Felo de se (No. 26);
the like, to take up a Body Interred (No. 27).

Warrant of Apprehension of a Person accused by a Coroner's Inquisition
(No. 28).

Inquisition of Treasure Trove (No. 33).

Schedule to 6 & 7 Will. IV. c. 89, as to Expenses of Medical Witnesses.

BY virtue of my office, these are in her Majesty's name to require and command you, immediately upon sight hereof, to summon and warn twenty-four

(a) See a great variety of useful and valuable Forms collected in Mr. Jervis's work on Coroners, 295 to 405.

12. Forms.

(2). Juror's oath on the coroner's inquest.

(3). Witness's oath.

(4). Summons for witness.

(5). Warrant against a witness for contempt of

summons.

(6). Commitment

good and lawful men of the four next townships to

in the said county,

to be and appear before me A. C., gentleman, one of the coroners of the county
aforesaid, at aforesaid, in the said county, on the day of
at
of the clock in the
noon, then and there to inquire of, do
and execute all such things as on her Majesty's behalf shall be lawfully given
them in charge, touching the death of A. D. And be you then and there to
certify what you shall have done in the premises, and further to do and execute
what in behalf of our said Lady the Queen shall be then and there enjoined you.
Given under my hand and seal the day of

YOU shall diligently inquire and true presentment make on the behalf of our sovereign Lady the Queen how and in what manner A. D. [or “a person unknown," as the case is,] here lying dead, came to his death: and of such other matters relating to the same as shall be lawfully required of you, according to your evidence. So help you God.

After the foreman is sworn, the rest may be sworn, three or four together, as follows:

Such oath as A. F. the foreman of this inquest hath for his part taken, you and every of you shall well and truly observe and keep on your parts respectively. So help you God.

THE evidence which you shall give to this inquest, on the behalf of our sovereign Lady the Queen, touching the death of A. D., shall be the truth, the whole truth, and nothing but the truth. So help you God.

; these

WHEREAS I am credibly informed that you can give evidence on to wit. behalf of our sovereign Lady the Queen, touching the death of R. F., now lying dead in the parish of , in the said county of are, therefore, by virtue of my office, in her Majesty's name, to charge and command you personally to be and appear before me, at the dwelling-house of known by the sign of the in the said parish of of the clock in the

noon, on the

day of

at
instant, then and there to give evidence and be examined on her Majesty's be-
half, before me and my inquest, touching the premises. Hereof fail not, as you
will answer the contrary at your peril. Given under my hand and seal this

day of
To A. B., C. D., &c.

&c.

A. C. Coroner. (L. s.)

WHEREAS I have received credible informatian that A. B., of the
to wit. parish of
in the said county of
, surgeon, can give
evidence on behalf of our sovereign Lady the Queen, touching the death of
R. F., now lying dead in the said parish of
in the county aforesaid;

and whereas the said A. B. (having been duly summoned to appear and to give
evidence before me and my inquest touching the premises, at the time and place
in the said summons specified, of which oath hath been duly made before me)
hath refused and neglected so to do, to the great hinderance and delay of jus-
tice: these are therefore, by virtue of my office, in her Majesty's name, to
charge and command you, or one of you, without delay, to apprehend and
bring before me, one of her Majesty's coroners for the said county, now sitting
at the parish aforesaid, by virtue of my said office, the body of the said A. B.,
that he may be dealt with according to law; and for your so doing this is your
warrant. Given under my hand and seal this
day of
&c.
A. C. Coroner. (L. s.)

To all constables, headboroughs, and other her Majesty's
officers of the peace in and for the county of
and also to E. F. my special officer.

\ WHEREAS I heretofore issued my summons under my hand, diof a witness for re- to wit. rected to 4. B. requiring his personal appearance before me, then and now one of her Majesty's coroners for the said county of

fusing to give evidence.

at the time

and place therein mentioned, to give evidence and be examined on her Majesty's
behalf touching the death of R. F. then and there lying dead; of the personal
service of which said summons oath hath been duly made before me; and
whereas the said A. B. having neglected and refused to appear, pursuant to the
contents of the said summons, Ithereupon afterwards issued my warrant, under
my hand and seal, in order that the said A. B. by virtue thereof might be ap-
prehended and brought before me, to answer the premises; and whereas the
said A. B., in pursuance thereof, hath been apprehended and brought before
me, now duly sitting by virtue of my office, and hath been duly required to give
evidence and be examined before me and my inquest, on her Majesty's behalf,
touching the death of the said R. F.; yet the said A. B. notwithstanding hath
wilfully and absolutely refused, and still doth wilfully and absolutely refuse, to
give evidence and be examined touching the premises, or to give sufficient rea-
son for his refusal, in wilful and open violation and delay of justice: these are
therefore, by virtue of my office, in her Majesty's name, to charge and com-
mand you, or one of you, the said constables, headboroughs, and others her
Majesty's officers of the peace, in and for the said county of ,forthwith
to convey the body of the said A. B. to the gaol of
in the said county,
and safely to deliver the same to the keeper of the said prison there; and these
are likewise, by virtue of my said office, in her Majesty's name, to will and re-
quire you, the said keeper, to receive the body of the said A. B. into your cus-
tody, and him safely to keep in the prison until he shall consent to give his
eridence and be examined before me and my inquest, on her Majesty's behalf,
touching the death of the said R. F., or until he shall be from thence discharged
by due course of law. And for your so doing this is your warrant. Given
under my hand and seal this

day of

A. D.

A. C. Coroner. (L. S.)

To the constables, headboroughs, and others her Majesty's
officers of the peace in and for the said county of
and also to the keeper of the prison at
said county.

County of AN inquisition indented, taken at

day of

in the

in the county of in the

Saforesaid, the
year of the
reign of
, before me, A. C., gentleman, one of the coroners of our Lady
the Queen for the county aforesaid, upon the view of the body of A. D., then
and there, and within the jurisdiction of the said coroner, lying dead, upon the
oaths of A. B., C. D., E. F., &c., good and lawful men of aforesaid

and of three other of the next towns, to wit, K., L., and M., in the said county,
who being now here sworn and charged to inquire on the part of our said Lady
the Queen when, where, how, and after what manner, the said A. D. came to
his death, do say, upon their oath, that one A. M., late of
id, gentleman*, on the
of

day of

in the

afore

year

aforesaid, at the [first] hour in the night of the same day, with
force and arms, at
in the county aforesaid, in and upon the afore-
said A. D., then and there being in the peace of God and of the said Lady
the Queen, feloniously, voluntarily, and of his malice aforethought, made an
amarit†; and that the aforesaid A. M. then and there, with a certain sword
made of iron and steel, of the value of 58., which he the said A. M. then and
there held in his right hand, the aforesaid A. D. in and upon the left part of
the belly of the said A. D., a little above the navel of the said A. D., then and
there violently, feloniously, voluntarily, and of his malice aforethought, struck
and pierced, and gave to the said A. D. then and there with the sword afore-
said, in and upon the aforesaid left part of the belly of the said A. D., a little
above the navel of the said A. D., one mortal wound of the breadth of half an
tack, and of the depth of three inches, of which said mortal wound the afore-
said A. D. then and there instantly died; and so the said A. M. then and there
feloniously killed and murdered the said A. D. against the peace of our said
Lady the Queen, her crown and dignity. And moreover, &c. [conclude from
these words in the next form, mutatis mutandis].

Proceed as in the above form to the conclusion of the words crown and dignity, and then thus]: and the said jurors further say upon their oath aforeVOL. II.

E

12. Forms.

(7). Inquisition of murder.

(8). The like, against accessaries.

12. Forms.

(9). Inquisition where one hangs himself.

sard, that A. A. of

[yeoman], and B. A. of

were feloniously present with drawn swords at the time

, [yeoman], of the felony and

murder aforesaid, in form aforesaid committed, that is to say, on the said
day of
in the
"
year aforesaid, at aforesaid, in the
county aforesaid, at the [first] hour in the night of the same day, then and
there comforting, abetting, and aiding the said A. M. to do and commit the
felony and murder aforesaid in manner aforesaid, against the peace of our said
Lady the Queen, her crown and dignity.

And moreover the jurors aforesaid, upon their oath aforesaid, do say, that the said A. M., [A. A., and B. A.] had not [nor any of them had] nor as yet [have or] hath any goods or chattels, lands or tenements within the county aforesaid or elsewhere, to the knowledge of the said jurors; [or "and the jurors aforesaid upon their oath aforesaid do say, that the said A. B. at the time of the doing and committing of the felony and murder aforesaid, had goods and chattels contained in the inventory to this inquisition annexed, which remain in the custody of B. C."].

In witness whereof, as well the aforesaid coroner as the jurors aforesaid, have to this inquisition put their seals on the day and year, and at the place first above-mentioned.

A. C., Coroner.

A. B.

C. D.

E. F. &c. jurors.

[As in the form (No. 7.) to the asterisk, and then thus]: not having God before his eyes, but being seduced and moved by the instigation of the devil, at aforesaid, in a certain [wood] at aforesaid, standing and being, the said A. D. being then and there alone, with a certain hempen cord of the value of [3d.] which he then and there had and held in his hands, and one end thereof then and there put about his neck, and the other end thereof tied about a [bough] of a certain [oak tree], himself then and there with the [cord] aforesaid voluntarily and feloniously, and of his malice aforethought, hanged and suffocated and so the jurors aforesaid upon their oath aforesaid say, that the said A. D. then and there in manner and form aforesaid as a felon, of himself feloniously, voluntarily, and of his malice aforethought himself killed, strangled, and murdered; against the peace of our said Lady the Queen, her crown and dignity.

In witness, &c. [conclude as in (No. 8.) from these words].

(10). Inquisition where one drowns himself,

AT

aforesaid, in the county aforesaid, then and there being alone, in a common [river] there called , himself voluntarily and feloniously drowned; and so the jurors aforesaid upon their oath aforesaid say, that the aforesaid A. D. in manner and form aforesaid, then and there himself voluntarily and feloniously as a felon, of himself, killed and murdered; against the peace of our said Lady the Queen, her crown and dignity. In witness, &c. [as in form (No. 8)].

THAT the said A. D. on the

day of

in the year aforesaid, at the parish and in the county aforesaid, going into the river there to bathe himself, it so happened that accidentally, casually, and by misfortune he the said A. D. was in the water of the said river then and there suffocated and drowned, of which said suffocation and drowning he the said A. D. then and there instantly died; and so the jurors aforesaid do say, that the said A. D. in manner and by the means aforesaid accidentally, casually, and by misfortune came to his death, and not otherwise. In witness, &c. [as in form (No. 8) ].

THAT the said A. D. on the

day of

in the year aforesaid, at the parish and in the county aforesaid, to wit, in a certain place called was found dead; that he had no marks of violence appearing on his body, and died by the visitation of God in a natural way, and not otherwise. In witness, &c. [as in form (No. 8)].

THAT the aforesaid A. D. on the day of the taking of this inquisition, being a prisoner in the gaol at in the county aforesaid, then and there died of the visitation of God, and then and there in manner and form aforesaid came to his death, and not otherwise. In witness, &c. [as in form (No. 8)].

day of

day of

THAT the aforesaid A. D. on the day and year aforesaid, and at the time of his death, to wit, from the to the time of his death, and at the time of his death aforesaid, was a lunatic and a person of insane mind; and that the said A. D. being a lunatic and a person of insane mind as aforesaid, did on the come alone to a certain [river] called in the said county, and did then and there cast himself into the said "river], and drowned himself in the water of the said [river]: and so the jurors aforesaid upon their oath aforesaid say, that the aforesaid A. D. from the cause aforesaid in manner and form aforesaid came to his death, and not otherwise. In witness, &e. [as in form (No. 8)].

[As in the form, ante, 49, No. 7, to the †, and then thus] : and that the aforesaid A. D. then and there with a certain [knife] of the value of [one penny] which he the said A. D. then and there held in his [right] hand, himself upon his throat then and there feloniously, voluntarily, and of his malice aforethought did strike, and gave to himself then and there with the [knife] aforesaid upon his throat aforesaid, one mortal wound of the breadth of [four inches], and the depth of [one inch], of which said mortal wound the said A. D. at aforesaid, in the county aforesaid, languished and languishing lived from the day of in the " year aforesaid, to the and that the said A. D. on the year aforesaid, at

day of

said
day of
aforesaid, in the
aforesaid, in the county
aforesaid, of that mortal wound died: and so the jurors aforesaid, &c. [as

in form (No. 9)].

(15). Inquisition

on one for cutting

his throat.

another in his own defence.

[As in the form, ante 49, No. 7, to the †, and then thus]: and him the said (16). For killing A. K. did then and there endeavour to beat and kill by continuing the assault aforesaid, from the house of one W. H. in aforesaid, to a certain place called in the county aforesaid, and the said A. K. seeing that the said A. D. was so maliciously disposed, to a certain wall in the said place called did flee, and from thence for fear of death could not escape, and so the said A. K. himself in preservation of his life against the said A. D. continued to defend, and in his own defence him the said A. K. upon the [right] part of the breast] of him the said A. D. with a certain [sword] of the price of [one shilling], which the said A. K. then and there held in his [right] hand, did strike, and then and there giving to the said A. M. one mortal wound of the breadth of [one] inch and of the depth of [three] inches, of which said mortal wound the said A. D. at aforesaid, in the county aforesaid, languished, and languishing lived from the said day of to the from thence next ensuing, and that the said A. D. on the said in the year aforesaid, at aforeaid in the said county, of that mortal wound died; and so the said A. K. did then and there kill him the said A. D. in his own defence.

day of

day of

The same as before, only say, that a certain person unknown, &c. and add]: and the said jurors upon their oath aforesaid further say, that the said person unknown, after he had committed the said felony and murder in manner aforesnd, did flee away; against the peace of our said Lady the Queen, her crown and dignity. In witness, &c. [as in form (No. 8)].

(17). Inquisition where the mur

derer is unknown.