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Coroner - Law Dictionary Search Results

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Treasure-trove

Treasure-trove [thesaurus inventus Lat.], money or coin, gold, silver plate, or bullion found hidden in the earth or other private place, the owner thereof being unknown or unfound, in which case it belongs to the Crown: see Jervis on Coroners, p. 2. Bracton defines it, vetus depositio pecuni'. Concealing treasure-trove is punishable by fine or imprisonment.Coroners have jurisdiction to inquire of treasure-trove, under s. 36 of the Coroners Act, 1887, as theretofore, but not to inquire into any question of title as between the Crown and any other claimant, Attorney General v. Moore, (1893) 1 Ch 676.As to the Roman law on this subject, see Sand. Just....


Felo de se

Felo de se (a felon with respect to himself); one who feloniously commits suicide. The barbarous mode of burying such persons, in a place where four roads met, with a stake driven through their bodies, was abolished by 4 Geo. 4, c. 52, which directed burial in the churchyard or other burial ground (without divine service) between the hours of nine and twelve at night. The (English) Interments (Felo de se) Act, 1882 (45 & 46 Vict. c. 19), repealed and re-enacted the above Act, omitting the provisions as to the hours of burial, and allowing, by permission of the ordinary, a religious service, the Prayer Book expressly forbidding the use of the Burial Service therein contained in the case of those who die 'laying violent hands on themselves,' Escheat or forfeiture for felony is abolished by the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23). A coroner's inquest (see CORONER) must beheld in every case of suicide, and in the absence of evidence of unsoundness of mind a verdict of felo...


Inquisition

Inquisition, inquiry, inquest; the finding of a tribunal charged to inquire. The three best known inquisitions are:-1. A coroner's inquisition, which is [see (English) Coroners Act,1887, s. 4, sub-s. 3] a certificate of the verdict of the jury, 'setting forth, so far as such particulars have been proved to them, who the deceased was, and how, when, and where the deceased came by his death; and if he came by his death by murder or manslaughter, the persons, if any, whom the jury find to have been guilty of such murder or manslaughter, or of being accessories before the fact to such murder.' The inquisition must be signed by the jurors. A form is given in the Third Schedule of the (English) Coroners Rules, 1927 (S.R. & O. 1927, No. 344/L. 13). See also CORONER.2. Inquisition as to lunacy, which is an inquiry directed by the judge in lunacy, as to whether a person is of unsound mind and incapable of managing his affairs. It is held before a jury, if the person alleged to be of unsound min...


Inquisitor

Inquisitor, any officer, as a sheriff coroner, etc., having power to inquire into certain matters.Means (1) An officer who examines and inquires, such as a coroner of sheriff (2) A person who in-quires; esp., one who examines another in a harsh or hostile manner (3) An officer authorised to inquire into heresies; esp., an officer of the Spanish Inquisition, Black's Law Dictionary, 7th Edn., p. 796...


Post-mortem

Post-mortem (after death), as a pot mortem examina-tion of a corpse by a surgeon, in order to discover the cause of death. Such an examination may be ordered by a coroner under the (English) Coroners Act, 1887, s. 21. See CORONER....


Continuance or possible recurrence of which is pre-judicial to the health or safety of the public

Continuance or possible recurrence of which is pre-judicial to the health or safety of the public, If it appears to a coroner, either before he proceeds to hold an inquest or in the course of an inquest begun without a jury, that there is a reason to suspect....(d) that the death occurred in circum-stances the continuance or possible recurrence of which is pre judicial to the health or safety of the public or any section or the public, he shall proceed to summon a jury in the manner required by sub-s. (2), R (Takoushis) v. Inner North London Coroner (CA), (2006) 1 WLR 461 [Coroners Act, 1988 (C 13), s. 8(3)(d)]...


Burial

Burial. Burial in some part of the parish churchyard without payment is a Common Law right, but not burial in any particular part of it. In order to acquire a perfect right to be buried in a particular vault or place, a faculty must be obtained from the ordinary, as in the case of a pew; or a man may prescribe that he is occupier of an ancient messuage in a parish, and ought to have separate burial in such a vault within the church, and such prescription implies that a faculty was originally obtained. The faculty, however, fails when the family cease to be parishioners. In Bryan v. Whistler, (1828) 8 B. & C. 288, it was held that an exclusive right of burial in a vault is an easement, and therefore cannot be granted by parol or by mere writing without a deed.Burial must not take place except after the Registrar of Births, Deaths or Marriages has issued his certificate of death or by order of a Coroner, see 16 & 17 Geo. 5, c. 48. See CORONER.A clergyman may be prosecuted in the Ecclesia...


Ad melius inquirendum

Ad melius inquirendum. A writ directed to a coroner commanding him to hold a second inquest. See Reg. v. Carter, (1876) 45 LJ QB 711, in which the defendant coroner was directed on a second view, by exhumation, of the body, to hold a second inquest (two months after the first), in a case of death by poison, and (English) Coroners Act,1887, s. 6, sub-s. 1, by which the High Court may direct another inquest where necessary or desirable by reason of fraud, rejection of evidence, irregularity of proceedings, etc., sub-s. (3) dispensing with the necessity, 'unless the Court otherwise order,' of a view of the body. See also (English) Coroners (Amendment) Act, 1926 (16 & 17 Geo. 5, c. 59), s. 19....


Cremation

Cremation, the disposal of a dead body by burning instead of by burial. This is not illegal, unless it be done so as to cause a nuisance, or with the intention of preventing a coroner's inquest, Rg. V. Price, (1884) 12 QBD 247. But it is the duty of executors to bury the body of their testator, although the will may direct some other person to cause it to be burnt, Williams v. Williams, (1882) 20 Ch D 659. If burial in consecrated ground and cremation are both desired, cremation should precede and not follow burial, and the Burial Service maybe read in connection with the burial of the ashes; see Re Dixon, 1892 p. 394, where an applicationto exhume, after 18 years' burial, for the purpose of cremation, was refused. The (English) Cremation Act, 1902 (3 Edw. 7, c. 8), empowers burial authorities (see BURIAL) to establish crematoria on plans approved by the Minister of Health and certified to be in accordance therewith by the Secretary of State, but no crematorium may be nearer than 200 y...


Chancellor, Lord

Chancellor, Lord, properly, 'the Lord High Chancellor of Great Britain' [fr. Cancellarius, low Lat., cancelli, Lat., latticework], the highest judicial functionary in the kingdom, and superior, in point of precedency, to every temporal lord. He is appointed by the delivery of the king's Great Seal into his custody. He may not be a Roman Catholic (10 Geo. 4, c. 7, s. 12). He is a cabinet minister, a privy councillor, and prolocutor of the House of Lords by prescription (but not necessarily, though usually, a peer of the realm), and vacates his office with the ministry by which he was appointed, but is entitled to a pension. When royal commissions are issued for opening the session, for giving the royal assent to bills, or for proroguing Parliament, the Lord Chancellor is always one of the commissioners, and reads the royal speech on the occasion. To him belongs the appointment of all justices of the peace throughout the kingdom, and the appointment and removal of county court judges (se...



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