The Sun.
London, England, 1858-01-22 00:00:00

MEETING OF MI DDLASEX MA ~9IST.RATES.

Yesterday a special court of the magistracy of
Middlesex was held at the Sessions House, Clerken-
well, for the purpose of hearing counsel on behalf
of the cerouers, Mr. Wakley, for the western
division, Mr. Baker for the eastern division, and
Mr. Bedford for Westminster, against the dis-
allowance of fees for holding inquests, which, in the
opinion of the Finance Committee, who have to
investigate the coroners' accounts, were un nece.s ary.
Mr. Pownall, chairman of the county bench, pre-
sided, and the attendance of justices was rather
numerous.

It will not be out of place to state, by way of
introduction, what for some time past has been the
practice of the court in dealing with the accounts
of the coroners. They are referred to the
finance committee, whO inquire into the grounds
upon which each particular inquest has been
held, and if it appears to them that the
grounds were sufficient to warrant an in-
quiry as to the cause of death, they recommend
the payment of the fee to the coroner, which is
1/. 6s. Bd. in each case, and it is ordered by the
Court as a matter of course ; but in in.,' ances
wherein they consider there was no nece-icity for
an inquest they either disallow the fee at once or
a ijourn the una•ter, requiring in the meantime the
c,roner to turuish them with any further informa-
t;on he mty be capable of affording as to the reasons
for which the inquest was taken. Tho cost of in-
quests, to the county of Middlesex, amounts to
something like 9,000/. a-year, and as the number
has of late years been on the increase, the maeis-
trAtes, as the guardians of the county funds, have
thought it their duty to allow the coroner's fee only
in such cases where there seemed to be an absolute
necessity for an inquiry. It has been erroneously
supposed that when the fees have been disallowed,
the whole costs of the inquest were included. The
only item that is disallowed is the coroner's own
fee ; the other charges—witnesses' expenses, and
money expended, being paid without dispute.
Mr. Bodkin appeared as counsel for the coroners,
and in a speech extending over three hours, and
exhibiting great research and ability, placed their
case before the court. He said the gentl.men for
whom he appeared performed an important part in
the administration of justice, and it was of tbo
utmost importance that the office which they had
to execute should be entirely free and unhampered.
£he learned counsel dwelt at length upon the law
b aring upon the coroner's duties, from the time of
Edward I. down to the present reign. Formerly
the coroners were unpaid officers, but by the
statute of 25th George 11., c. 29, it was enacted that
they should be paid certain fees in cases "duly"
held. That word "duly" had given rise to all the
difficulties by which the whole matter was now
surrounded, as well as an endless amount of liti-
gation. The Court of Queen's Bench, in the
case of " The King v. the Justices of Carmar-
thenshire," held that the legal meaning of the
word " duly" involved that there must be a
" necessity" for the inquest, but he was prep ired

to contend that if any inquest had been formally,
regularly, and properly taken according to law, it
must be considered as having been held " duly,"
within the meaning of the statute. The court
ruled that it was a condition precedent to the pay-
ment of the fee that the inquest was " duly," that
was of " necessity," taken, but that applied only
to the coroner's own remuneration, and did not
affect—indeed, nothing at present could affect—.
—payments which the coroner had to make, and
charge upon the county. The learned gentleman
made some general observations upon the institution
of coroner, and the vast importance with respect to
the security of human life involved in the office
being freely and independently exercised, quoting
the opinions of many eminent persons to that effect
He referred to the Rugeley poisonings, where, after
medical certificates had been given of natural
death, through the interference of one person,
the coroner's investigation took place, and the result
was, as all the world knew, the disclosure of one of
the most diabolical systems 'murder ever planned;
had it not been for that. the grave would have
closed quietly over the vi Aims, and th:2i murderer
still left to pursue ha course of crime. In Stafford
shire the rule vi,4 that no inquest should be
held except in cases where there was suspicion
of crime ; the result was that there were no
inquiries into the cause of those deaths which
afterwards became so notorious. He went seriatim
through the cases in t‘e coroners' accounts in
which the fen had been refkise'l, in all of width
they had been called upon to act, and besought the
court to take the whole matter into serious consi-
deration and du justice to gentlemen filling honour-
able positioa9, and having onerous duties to perform
as public sarvants. _

Ou the motion of Mr. P. N. LAURIE, who com-
lIIMM, ;tkonlareTtry iirrT'AiigilirOVd,-61-A4l-
- present formed themselves into a special com-
mittee to take the subject into consideration, and
the court a,ljourned.