Page:Ruffhead - The Statutes at Large, 1763.djvu/90

mons of Sheriffs, and at the Cry of the Country, to sue and arrest Felons, when any need as, as well within Franchise as without; (3) and they that will not so do, and thereof be attainted, shall make a grievous Fine to the King: (4) And if Default be found in the Lord of the Franchise, the King shall take the same Franchise to himself; (5) and if Default be in the Bailiff, he mall have one Year's Imprisonment, and after shall make a grievous Fine; and if he have not whereof, he shall have Imprisonment of two Years. (6) And if the Sheriff, Coroner, or any other Bailiff within such Franchise, or without, for Reward, or for Prayer, or for Fear, or for any manner of Affinity, conceal, consent, or procure to conceal, the Felonies done in their Liberties, or otherwise will not attach nor arrest such Felons there, as they may, or otherwise will not do their Office for Favour born to such Misdoers, and be attainted thereof; they shall have one Year's Imprisonment, and after make a grievous Fine at the King's Pleasure, if they have wherewith; and if they have not whereof, they shall have Imprisonment of three Years.

Enforced by 13 Ed. 1. stat. 2. c. 1, 2, & 6.  28 Ed. 3. c. 11.  7 R. 2. c. 6.

Altered by 27 El. c. 13.  39 El. c. 25. To These References may be added the 8 Geo. 2. c. 16. giving Directions for Pursuit of Hue and Cry; and 22 Geo. 2. c. 24. which amends the former.

CAP. X.
What sort of Men shall be Coroners. Sheriffs shall have Counter-Rolls with them.

AND for as much as mean Persons, and undiscreet, now of late are commonly chosen to the Office of Coroners, where it is requisite that Persons honest, lawful, and wise, should occupy such Offices; it is provided, That through all Shires sufficient Men shall be chosen to be Coroners, of the most wise and discreet Knights, which know, will, and may best attend upon such Offices, and which lawfully shall attach and present Pleas of the Crown; (2) and that Sheriffs shall have Counter-Rolls with the Coroners, as well of Appeals, as of Enquests, of Attachments, or of other Things which to that Office belong;

Coroners shall take nothing.

^[1](3) and that no Coroner demand nor take any Thing of any Man to do his Office, upon pain of great Forfeiture to the King.

Enforced by 8 Ed. 3. c. 6.

Altered by 3 H. 7. c. 1. which gives Fees to the Coroners; and see 1 H. 8. c. 7. which alters the 3 H. 7. Likewise 1 & 2 P. & M. c. 13. §. 5. and 25 Geo. 2. c. 29. giving Directions with respect to the Duty of Coroner.

1. 4 H. 6. 15.; 4 Ed. 1. stat. 2. Officium Coronat.; 2 Inst. 174.

CAP. XI.
Replevin by the Writ of Odio & Atia. Who shall be Triers of Murther.

AND forasmuch as many being indicted of Murther, and culpable of the same, by favourable Inquests taken by the Sheriff, and by the King's Writ of Odio & Alia be replevied unto the coming of the Justices in Eyre; ^[1] it is provided, That from henceforth such Inquests shall be taken by lawful Men chosen out by Oath (of whom two at the least shall be Knights) which by no Affinity with the Prisoners, nor otherwise, are to be suspected.

Altered by 6 Ed. 1. stat. 1. c. 9. which orders the Commitment of such Offenders till the coming of the Justices, &c. And farther by 28 Ed. 3. c. 9. which ordains that no Writ shall be directed to a Sheriff to charge an Inquest to indict any.

1. 5 H. 7. f. 5.; Regist. 133.; 2 Inst. 177.; 9 H. 3. stat. 1. cap. 26.

CAP.