He is to inroll the verdict of his jury, written on parchment, and return the Inquisition, either to the Justices of the next gaol delivery of the county, or certify it into the King’s Bench, 2 Roll. Abr. 32.
He must take notes of the evidence,[[80]] and bind the witnesses to appear, for neglect of which he may be fined, 1 & 2 Ph. & Mary, c. 13. 1 Lil. Abr. 327. And if he hath not enough to answer, his fine (for this or any other offence in execution of his office), shall be levied on the county, as a punishment for electing an insufficient officer. Mirror, c. 1. s. 3. 2 Inst. 175.
When it happens that any person comes to an unnatural death, the township shall give notice thereof to the coroner. Otherwise if the body be interred before he come, the township shall be amerced. Hale P.C. 170. And Holt, C. J. says, It is a matter indictable to bury a man that dies a violent death, before the Coroner’ Inquest have sat upon him. 2 Hawk. P.C. n. 8. 1 Burn’s Just. 562.
Though it is not necessary that the inquisition be taken in the place where the body was viewed, 2 Hawk. P.C. c. 9. s. 25. yet he has no authority to take an Inquisition of Death, without a view of the body, and if an inquest be taken by him without such view, it is void. 2 Lev. 140[[81]]. But after the view, which must be by the jury and coroner together, the inquest may adjourn to a more convenient place.[[82]]
He may in convenient time take up a dead body that hath been buried, in order to view it: but if it be buried so long that he can discover nothing, or if there be danger of infection, the inquest ought not to be taken by the coroner, but by Justices of Peace, by the testimony of witnesses; for none can take it on view, but the coroner. Bro. Coron. 167. 173. If the body is improperly buried, or suffered to lie till it stinks, the town shall be amerced. 2 Danv. Ab. 209. Hale, P.C. 270. 2 Hawk. 48.
A Coroner’s Inquisition being final, the coroner ought to hear counsel[[83]] and evidence on both sides.[[84]] 2 Sid. 90. 101. He must admit evidence as well against the king’s interest as for it; and for omitting to do so, his inquisition may be quashed. 2 Hale, P. C. 60.[[85]] 1 East’s P.C. 383.
The coroner among other things must enquire of the deodand, which on the violent death of any one, even though purely accidental, has accrued to the king or his grantee.
This mulct was, in ancient times, applied to the purpose of purchasing masses, for the repose of the soul of the deceased; it is now converted into an ill apportioned, arbitrary, or, in a few cases, inadequate fine[[86]] on the individual, whose property has been, whether innocently or culpably, the cause of death. It is as absurd that a ship under sail, from which a man has fallen and been drowned, should be forfeited to the king; as it is lamentable that the ignorant, and too frequently the criminally negligent vender of oxalic acid for Epsom salts, should escape all punishment.
Where a thing is not in motion, that part of it which actually caused the death is alone forfeited, “as if a man be climbing on the wheel of a cart, and is killed by falling from it, the wheel alone is a deodand. 1 Bl. Com. 300. But whenever the thing is in motion, not only that part which immediately gives the wound, (as the wheel which runs over his body) but all the things which move with it, and help to make the wound more dangerous (as the cart and loading, which increase the pressure of the wheel) are forfeited.” ibid. The utmost penalty of this law might often be inflicted on the proprietors of stage coaches, where the wilful negligence, drunkenness, or brutality of the driver had occasioned the loss of life. “It matters not whether the owner were concerned in the killing or not; for, if a man kill another with my sword, the sword is forfeited.” ibid. The learned Commentator thus concludes, “But juries have of late very frequently taken upon themselves to mitigate these forfeitures, by finding only some trifling thing, or part of an entire thing, to have been the occasion of the death. And in such cases, although the finding of the jury be hardly warrantable by law, the Court of King’s Bench hath generally refused to interfere on behalf of the lord of the franchise, to assist so unequitable a claim.” 1 Com. 301. Thus is the justice of the country injured, in order to restrain the rapacity of individuals, improperly invested with the prerogatives of the crown. See also 1 East. P. C. 386.
A coroner may be punished for misconduct by fine, imprisonment, or removal; as if he be remiss in coming to do his office when he is sent for, he shall be removed by virtue of the statute De Coronatoribus 4 Ed. l. c. 2: Salk. 37. Hale P. C. 170. or if he do not properly execute his office. 1 Lill. Abr. 327.