A Treatise on the Law of Coroner; With Copious Precedents of Inquisitions, and Practical Forms of Proceedings (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1843 Excerpt: ...should appear to have been taken by the oaths proborum et legalium hominum, as well in the case of Coroner's inquests, as in that of other indictments and presentments; but this is said to be unnecessary, and has been so held in the case of indictments in the superior courts, because, until the contrary be proved, all men shall be intended to be probi et legales, (s) It seems to be doubtful whether the inquisition should be found by twelve jurors, (t) 9. The charge.--It is usual to allege that the jury were charged, but it is not in strictness necessary, for the finding upon oath will supply the omission of the charge, (u) O) Rex v. Ewatt, 6 B. & C. 247. (o) 2 Hale's P. C. 168. (r) See Rex r. Evatt, 6 B. & C. 247.; Rex v. Bowen, 3 C. & P. 602.; Rex v. Bennett, 6 C. & P. 179.; Rex v. Brownlow, 11 A. & E. 119. (s) 2 Hale's P. C. 167.; i. 303.; ii. 60. 155.; and see Anon. 2 Ld. Raym. 1305.; 1 Kel. 629.; 2 Kel 471.; Cro. Eliz. 751.; Cro. Jac. 635.; 2 Hawk. P. C. c. 25. s. 17. 126. () Taylor v Lamb, 4 B. & C. 138. But after verdict the court will presume that a Coroner's inquisition was found by twelve men, if twelve were necessary. Ibid. Vide supra, 173. (u) 2 Hawk. P. C. c. 25. s. 126. The attestation.--A Coroner's inquisition must inquisition be signed by all the jurors, and it is usual for them gned and to seal it also, (x) sealed It has been held that if the names of the jurors when jurors be not set out in the caption of the inquisition, and SS'ienftii?' the inquisition be not signed with their names at full length, it is bad. (y) But if the names of the jurors be set out at length in the body of the inquisition, it is no objection that one of the jurors did not sign his christian name at full length, (z) If some of the jurors sign ...