6 Whart. 269 | Pa. | 1841
The prevalent notion that a justice of the peace has concurrent power to inquire into the circumstances of a sudden or violent death, upon view of the body, has doubtless arisen from inadvertence to the source of the coroner’s authority. In England, and perhaps in Pennsylvania, justices of the peace have authority, in certain cases, to take inquisitions by the examination of witnesses; but the 4 Ed. 1, St. 2, which is in force with us, commands the coroner alone to go to the place where any one is slain or has suddenly died; and, by warrant to the bailiffs or constables, to summon a jury from the neighbouring towns to inquire into the manner of the killing, or the circumstances of the death. He is not expressly directed to take the inquest on view of the body, but a direction to that effect is to be inferred from the duty imposed on him of repairing to the spot; and it has always been held that an inquisition taken otherwise is void, particularly in the case of the Welchmen, (Poph. 109.) But it is because this species of inquisition, and no other, is entrusted to the coroner, and to him exclusively, that the common law inquisition, by the examination of witnesses before commissioners or justices, either of oyer and terminer or of the peace, must still be taken where the body cannot be found; as is said in The King v. Parker, (2 Lev. 141;) and the King v. Aldenham, (Id. 152.) In Foxley's case, (5 Rep. 111,) it is said to have been resolved in Laughton’s case, by Poph am, C. J., and the whole court, that if the body be cast into the sea, or buried so secretly that the coroner cannot have the view, the justices of the peace, justices of oyer and terminer, or others who have authority to inquire of felonies, may take a presentment of it. From the words of the statute it results also that the coroner’s jurisdiction is a special one, and that no one else can take an inquisition in the manner prescribed. Accordingly, it was said in the King and Queen v. Bunney, (2 Salk. 190,) that if his inquisition be quashed, he must take a new one super visum corporis as he did before ; but that if a melius inquirendum be granted on a male se gessit, the new inquiry must be before sheriffs or commissioners, not super visum corporis, but upon affidavits ; for that none but the coroner can inquire super visum corporis, and he is no longer to be trusted. To the same effect is Stanlack’s case, (1 Vent. 182,) in which it is said the King’s Bench may inquire, or make commissioners to inquire ; but not super visum corpor is. In the case of the Wardens and Commonalty of Saddlers, (4 Rep. 57,) it was indeed said by Lord Coke to have been resolved by Chief Justice Finieux, in the reign of Henry the seventh, that an inquisition taken by the chief justice of the King’s Bench, as supreme coroner of all England, upon view of the body of one killed in open rebellion, was good and worked a forfeiture of his estáte. It is to be remarked of that case, that the resolution had regard to a forfeiture; and that no decision of a de
Prisoner discharged.