Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-03-05
CoRONER's INQUEST.
Trouble Between the Coroner and one of His
Deputies.

Trouble Between the Coroner and one of HI
Deputies.
The emoluments accruing to the coroner
by virtue of his Office are not especially
heavy, when he confines his business tt
legitimate cases; and even when he over
steps the legal bounds and holds inquests
that should not have been held, the fees
are not large enough to make him as
wealthy as a "bloated bond-holder.' y
Aware of these facts, Coroner Mishler,
when he assumed official duty, made
arrangements whereby he could some
what increase his income. Before ap-
pointing his deputies he made a
written agreement with each of them,
whereby he not only held them removable
from Office at his pleasure, but also exacted
from each bonus of "a for every inquest
held by them. One of his deputies
was Wakeman Wesley, of Fulton town.
ship, who was duly appointed on the Sd of
last June. Mr.. Wesley held an inquest,
and duly handed over the s4 stipulated in
his agreement with the coroner. But after
thinking over the matter, he came to the
conclusion that the coroner was not enti-
tied to the bonus; and so, last week,
when he held his second inquest he re-
fused to give the coroner a cent. The
coroner promptly removed him from Office.
and brought suit against him for the re-
covery of the 81. This morning the case
was heard before Alderman Wiley. The
facts were not disputed. The coroner
claimed the 81 by virtue of the contract he
had made with Wesley when he appointed
him deputy, aud the deputy resisted pay
ment because the contract was void. In
support of his position be quoted the fol-
lowing authorities:
In order to give validity to a contract, it
must be founded on sufficient cOnsidera-
ton. There must be something given in
exchanges that is mutual or
something which is the inducement to the
contract and it must be thing which is
lawful and competent in value TO sustain
the assumption. = contract without a
consideration is a nude pact and not bind
ing. Whether the agreement he verbal or
in writing, it is still nude pact and will
HOL SuppOEJ dill dcllOu IL u COUSlucTdClOu Uc
wanting. 2 kent's CON-, 463 Bow.
Inst, 237.
Every contract made for or about any
matter OF thing which is prohibited and
made unlawful by any statute is void
contract, though the statute itself does not
mention that it shall be so, but only in
tiicts penalty on the offender because a
penalty implies prohibition, though there
be no prOhibitOry words in the statute.
Benn 113. CIV. 233. Benn Inst. 29G.
If any justice, clerk. prothonotary, sher-
lift, coroner, constable or other officer of
this commonwealth shall wilfully and
fraudulently receive or take any reward
Or fee to execute and do his duty in office,
but such as is or shall be allowed by some
act of Assembly of this commonwealth or
shall receive or take by color of his Office
any fee or reward whatever, not, or more
than, iS allowed as aforesaid, he shall he
deemed guilty of a misdemeanor in Office
and on conviction be sentenced to pay
fine not exceeding five hundred dollars or
to undergo an imprisonment not exceeding
one year. Act of March 81, 1860.
AL lerman Wiley reserved his decisit n
until Monday next, to enable Coroner
Mishler to present any authorities to rebut
the above, if he can find them.