assistant, and the recorder shall appoint an additional crier for the second court.

(6.) The recorder shall not exercise the powers given by this section unless—

(a.) It has been before each quarter sessions certified

to him in writing signed by the mayor or two aldermen or the town clerk that the council have resolved that it will be expedient that those powers be exercised; and

(b.) The name of the barrister to be appointed has at some previous time been approved by the Secretary of State as that of a fit person to be from time to time so appointed.

(7.) Where a resolution of the council is so certified, the resolution and certificate shall, if the resolution so provides, continue in force during twelve months from the date of the resolution, and during such continuance no fresh resolution or certificate shall be necessary.

(8.) An assistant recorder, assistant clerk of the peace, and additional crier shall have remuneration as appearing by the Fourth and Fifth Schedules.2

(9.) The powers given to the recorder by this section may be exercised by the deputy recorder.3

(10.) Appointments made and certificates given under this section shall not be subject to any stamp duty or other tax.

1 As to the powers, &c., of the recorder, see sec. 165.

2 The assistant recorder of a second court of quarter sessions is to receive for every day not exceeding two, or by resolution of the council, with the sanction of the Secretary of State, not exceeding six, ten guineas, an assistant clerk of the peace two guineas per day, an additional crier half a guinea per day. The remuneration is payable on a certificate of the recorder showing the amount due. The remuneration so certified by the recorder to be due to any assistant recorder, assistant clerk of the peace, or additional crier, may be paid out of the borough fund without any order. See pp. 228, 229.

As to the deputy recorder, see sec. 166.

Liability of Borough having Quarter Sessions for Prosecutor's Expenses.

169. A municipal corporation of a borough having a separate court of quarter sessions shall be liable to pay the costs and expenses attending the prosecution of any felony committed or supposed to have been committed in the borough, and of any other offence committed or supposed to have been committed in the borough the costs and

expenses attending the prosecution whereof are by law payable as in the case of a felony. The amount of those costs and expenses shall be ascertained as directed by law, and the order of the court for the payment thereof shall be directed to the treasurer of the borough.

SHERIFF.

Appointment of Sheriff in Counties of Cities and Counties of Towns.

170.-(1.) The council of every borough being a county of itself, and of the city of Oxford, shall on the ninth of November in every year appoint a fit person to execute the office of sheriff.

(2.) The appointment shall be made at the quarterly meeting of the council immediately after the election of the

mayor.

(3.) The sheriff shall hold office until the appointment of

his successor.

(4.) He shall have the same duties and powers as the sheriff or the person filling the office of sheriff in the respective borough or city would have had if this Act had not been passed.

Section 61 of the Municipal Corporations Act, 1835, on which this section is based, specified as the places for which sheriffs were to be appointed. Oxford, Berwick-upon-Tweed, the following counties of cities-Bristol, Canterbury, Chester, Coventry, Exeter, Gloucester, Lichfield, Lincoln, Norwich, Worcester, and York; and the following cou ties of towns-Carmarthen, Haverfordwest, Kingston-upon-Hull, Newcastle-upon-Tyne, Nottingham, Poole, and Southamp

ton

Coventry has ceased to be a county, see 5 & 6 Vict., c. 110. With regard to Berwick-upon-Tweed, it is declared by sec. 6 of the 6 & 7 Wm. 4, c. 103, that the borough and town of Berwick-upon-Tweed shall be a county of itself to all intents and purposes, except only so far as relates to the return of a member or members to serve in Parliament. There are no other counties of cities or towns

If the 9th of November is a Sunday, or a day appointed for public fast, humiliation, or thanksgiving, the day of election will be the next day afterwards, not being a Sunday or a day appointed for public fast, &c., as the case may be, sec. 230.

The fact of a person holding the office of sheriff does not disqualify him for being elected and for being a councillor (see sec. 12, 1 (a), p. 17); but a sheriff cannot act as a jus ice during the year of his shrievalty. See 1 Mar. Sess. 2, c. 8, s. 2, and ex parte Colville, L. R., 1 Q. B. D. 133; 45 L. J., Q. B. 133; 24 W. R. 156.

As to the powers, &c., of the sheriff appointed under this section for the City of Oxford, see Grainger v. Taunton, 3 Bing, N.C. 64.

CORONER.

Appointment, Fees, &c., of Borough Coroner in Boroughs having separate Quarter Sessions.

171.-(1). The council of a borough having a separate court of quarter sessions shall, within ten days next after receipt of the grant thereof by the council, and thenceforward from time to time, appoint a fit person, not an alderman or councillor of the borough, to be coroner of the borough; and thereafter no person other than the coroner so appointed shall take in the borough any inquisition belonging to the office of coroner.

(2.) The coroner shall hold office during good behaviour. (3.) A vacancy in the office shall be filled up within ten days after it occurs.

(4) The coroner shall have, by order of the recorder, remuneration as appearing in the Fourth and Fifth Schedules.

As to the computation of the period of "ten days" within which the appointment is to be made, see sec. 230.

În R. v. Grimshaw, 10 Q. B. 747; 16 L. J., Q. B., 385; 11 Jur., 965; it was held that a coroner could not be elected at a meeting of the council held by adjournment from a quarterly meeting, no summons or notice having been previously served upon the members of the council stating that such business was to be transacted.

Where a coroner had been appointed before the grant of a court of quarter sessions had passed the great seal, though within ten days after the intention of the Crown to make the grant had been notified to the council by the Secretary of State, and the coroner had acted under such appointment, and been recognized in his office by the council for several years, it was held that the office was full, and that a quo warranto information lay to oust a subsequently appointed coroner. R. v. Grimshaw, 10 Q. B. 747; 16 L. J., Q. B. 385; 11 Jur. 965.

The office of a coroner appointed under the Municipal Corporations Act, it was held in R. v. Grimshaw, 2 B. C. 146; 5 D. & L. 249, is not a corporate office within 9 Anne, c. 20, and therefore the relator in a quo warranto, in which judgment had been given for the Crown against the defendant for exercising the office, was not entitled to his costs from the defendant, under the 5th section of that Act.

The fact of a person holding the office of coroner does not disqualify him for acting as a justice of the peace. Davies v. Justices of Pembrokeshire, L. R., 7 Q. B. D. 513.

The fees pay:

As to the remuneration of the coroner, see Fourth Schedule. able under this Act to the coroner are not to be paid out of the borough fund without order of the council. See sec. 140 and Fifth Schedule, pp. 119, 229. With regard to the acting of the county coroner in a borough which has not a separate court of quarter sessions, see sec. 174.

As to the appointment of coroners to act within the jurisdiction of the Admiralty, see sec. 255.

Power of Borough Coroner to appoint a Deputy. 172.-(1.) In case of illness or unavoidable absence, the coroner shall appoint by writing signed by him a fit person, being a barrister or solicitor, and not an alderman or councillor of the borough, to act for him as deputy coroner during his illness or unavoidable absence, but not longer or otherwise.

(2.) The mayor or two justices for the borough shall on each occasion certify by writing signed by him or them the necessity for the appointment of a deputy coroner. This certificate shall state the cause of absence of the coroner, and shall be openly read to every inquest jury summoned by the deputy coroner.

It is a lawful or reasonable cause for the absence of the coroner, and the acting of his deputy on an inquest, that the coroner was engaged in holding another inquest. Where the jury are sworn, and the inquest commences properly before a deputy, he should continue holding the inquest to its conclusion, although in the course of it the principal coroner may be accidentally present. An inquisition held by a deputy is properly described as taken before the principal coroner, and is properly signed in the name of the principal coroner by his deputy. R. v. Perkin (or Perkins), 7 Q. B., 165; 14 L. J., M. C. 87; 9 Jur., 686.

Returns by Borough Coroners.

173.-On or before the first of February in every year the coroner shall send to the Secretary of State a return in writing, in such form as the Secretary of State directs, of the particulars of each case in which the coroner or his deputy was called upon to hold an inquest during the year ending on the then last thirty-first of December.

Acting of County Coroner in Borough.

174. (1.) Where a borough has not a separate court of quarter sessions no person other than the coroner for the county or district in which the borough is situate shall take in the borough any inquisition belonging to the office of

coroner.

(2.) That coroner shall, for every inquisition duly taken by him within the borough, be entitled to such rateable fees and salary as would be allowed and due to him, and to be allowed and paid in like manner, as for any other inquisition taken by him within the county or district.

By 6 & 7 Vict., c. 12, after reciting that it often happens that it is unknown where persons lying dead have come by their deaths, and also that such persons may die in other places than those in which the cause of death happened, it is enacted that the coroner only within whose jurisdiction the body of any person upon whose body an inquest ought to be holden shall be lying dead, shall hold the inquest, notwithstanding that the cause of death did not arise within the jurisdiction of such coroner; and in the case of any body found dead in the sea, or any creek, river, or navigable canal within the flowing of the sea, where there shall be no deputy coroner for the jurisdiction of the Admiralty of England, the inquest shall be holden only by the coroner having jurisdiction in the place when the body shall be first brought to land.

In R. v. Ellis, 2 C. & K. 470, it was held that an inquest, when the cause of the death, and the death occurred in a county and the body after death was removed to a city, was properly held by the coroner of the city.

BOROUGH CIVIL COURT.

Judge of Borough Civil Court where there is a Recorder.

175.-(1.) The recorder, if there is one, shall continue to be the judge of the borough civil court, except in the following cases, that is to say, where the court is regulated by a local Act of Parliament, or where a barrister of five years standing acted at the passing of the Municipal Corporations Act, 1835, as judge or assessor of the court.

(2.) The recorder, if judge, may, in the case of his illness or unavoidable absence, appoint by writing signed by him a barrister of five years standing to act for him as deputy judge of the court at the court or courts then next to be holden, or then being holden, and not longer or otherwise.

(3.) The recorder on every occasion of his appointing a deputy judge shall forthwith send to the Secretary of State a statement of his reason for so doing.

(4.) A court shall not be illegal, nor shall the acts of the deputy judge be invalid, by reason of the absence of the recorder not being unavoidable.

(5.) The recorder, where judge, and the deputy judge, shall have such remuneration as the council fix by byelaw.

(6.) Where the recorder is judge, the court may in his absence be holden for all purposes within the competency of the court, except the trial of issues of fact or of law, before any person, being a barrister of five years standing or a solicitor of five years practice, from time to time appointed for that purpose by the recorder by writing signed by him.

(7.) Where the recorder or his deputy is judge, all orders, affidavits, and matters, except the trial of issues in law or