COMMITTEE MOVED FOR. (Hansard, 22 June 1858)

§ MR. COBBETT

said, he rose to move for a Select Committee to consider the state of the law and practice as regards the taking of inquisitions in cases of death; the appointment, duties, and remuneration of the officers employed therein; and whether it is expedient that any and what alteration should be made in such matters. His object was virtually the revival of the Committee appointed in 1851 on the Motion of the hon. Member for Lewes. That Committee sat for a considerable time, took some evidence, and reported hastily just before the dissolution, recommending that the evidence should be printed. The evidence, however, never had been printed. In consequence of the Poor Law Commissioners having, in 1837, thrown the whole of the expenses of coroners' inquests on the county rates, a great feud now existed between the coroner and the justices in no less than fifteen counties, and the question between them was a question of fees. The 25th of Geo. II., c. 29, gave the fee of £1, and an allowance for mileage on all inquests which have been duly held, and which should be paid out of the county rate. This gave the justices a supervision. The 1st Vict., c. 68, enacted that the expenses attending the holding of inquests should no longer be paid out of the poor rate. That act of course threw a greater burden on the county rate with regard to inquests, and from that time to this there had been a growing disposition on the part 224 of the justices to cut down the expenses of inquests. With regard to the expenses under the 1st Vict., the magistrates had no discretion, but with regard to the fee of £1 and the mileage they had, there having been discovered lately an old decision of the Court of King's Bench, by which on the word "duly" it had been held that the justices had jurisdiction. The rule of law was that there should be an inquest in all cases of sudden death, or death from violence, but the rule of the magistrates was that the inquest should not be held except there was some suspicion of criminality. The justices of Yorkshire had given directions to the constables to inform the coroner of cases in which they thought there was suspicion, so that the constables were made the judges of the necessity, instead of the coroner. A Commission having issued, he believed that the right hon. Gentleman thought that a Committee would be useless, but if a hope was not held out that the Commission would go fully into the whole matter, he must press upon the House the necessity of appointing a Committee.