The Sun.
London, England, 1857-04-20 00:00:00

LAW INTELLIGENCE.—(This Day.)

COURT OF QUEEN'S BENCH.

(Sittings in 13ancp, before Lord C.impheil, and Justices
Wightman, Erie, ar.d Crompton.)

CORONERS' FEES-TTIF, QUERN T. THE JUSTICES OF

GLOUCESTERSHIRE.

Sir F. Thesiger moved for a rule for a mandamus_
against the Justices of Gloucestershire, calling upon
them to allow and pay Mr. Gaisford, coroner for the
county, certain fees for boiling inquests, which bad
been disallowed by the :Court of Quarter Sessions,
The yarned counsel said, the question bad of late be-
come one of considerable importance, and much obstruc-
tion of justice had taken place in the county of Glou-
cester. Toe Chairman of the Sessions bad appeared to
take a particular view of the case, and had published a
pamphlet on the subject. He held that in cases of sudden
death, and where persons had died by the visitation of God,
there being no suspicion of violence, the Coroner was
justified in holding inquests.
Lord Campbell said that was a very laudable wish
on the part of the magi trates to put a check to the
holding of unnecessary inquests.
Sir F. Thesiger said no doubt that was so; but the
magistrates of Qloucestersbirc appeared to entertain a
notion that unless violence was shown the coroner was
not entitled to his fees. In the present case it appeared
that in the month of November last, Mr. Gaisford re-
ceived information from the constable of Westerby,
that a female about 60 years of age had been found
lying on the floor dead ; she had not been at-
attended by a medical man, and she was unknown to
be labouring under a disease ; upon which Gaisford
traveled 17 miss, and held an inquest, when the jury
returned a verdict of " Died by the visitation of
God." In January he also received information
from a police constable of the death of a child, from
being scalded, in which he held an inquest, and the
jury returned a verdict of "Accidental death." At the
same time he heacl of another case, in which a per.
son had gone into a chemist's shop, and suddenly ex-
pired ; and in that case a verdict of " Died by the
visitation of God" was returned. At the following
Quarter Sessions, he presented his account of fees,
when the justices refused to allow the payment of the
20s. for the inquest under the 25 Geo. 11., cap. 21, and
the 63. Bi. under the Ist Vic., cap. 68, which is allowed
to the coroner for the payment of the expenses and
making his action. The learned counsel read several
cases which had been before the Courts to show that
where the coroner acted bona fide and upon ordinary
discretion he was entitled to his fees.

Lord Cawpbrll said it was certainly desirable that
some rule should be laid down, both as a protection to the
coroner and with due regard to the interests of the rate-

payers.—Rule to show cause granted.

CURLEWIS V. THE EARL OF MORNINGTON, ADMINISTRA.

TOE, &O.

Mr. E. James, Q.C., moved on Thursday last, before
Mr. Justice Coleridge, and a verdict found for the
plaintiff, with 2,3391. 145., the full amount of the
plaintiff's claim, for a taiLr's bill for the late Hon.

James Long Wellesley, of the 12th Lancers, and

interest thereon at the rate of five per cent. The
defence was, except as to 3751., Statute of Limita-
tions, for a rule to reduce the damages to the
amount, with interest, from the year 1846, when the
bill was given, and the ground of the motion was
that the account had been furnished generally, in the

year 1843, to the solicitors of the Earl of Mornington,
and that the giving of the bill in 1845, by Mr. Welles-
ley, was a general payment only, and not on account of

a pealed transaction, so as to bring the whole accourr

within the Statute of Limitations.

The Court were clearly of opinion that the bill was
given in part payment of the account due in 1843, and

therefore there was no grouud for disturbing the verdict.
—Rule refused.

COURT OF BANK RUPTCY.

Mr. Commissioner Goulburn was the Commissioner
of the day, but there was no case 6f the slightest in-

serest.