SHERIFFS. Coroners, Their num ber. judgments, in proportion to the amount of their respective recoveries." If executions be issued upon several judgments obtained at the same term, upon any such official bond, and sufficient monies shall not be raised to satisfy all of the said executions, the supreme court shall distribute the monies collected on such executions, to the relators respectively in such judgments, in proportion to the amount of their respective recoveries."72 "No scire facias shall be brought upon any judgment rendered upon such official bond, by the party at whose relation such judgment was obtained, or by any other person, for any breach of the condition of such bond."73 Coroners.] The office of coroner, like that of sheriff, is of high common law antiquity; and he derives his name, coronator, from the circumstance that in England he had principally to do with pleas of the crown: And in this light the chief justice of the king's bench is there the principal coroner in the kingdom, and may, if he pleases, exercise the jurisdiction of coroner in any part of the realm.74 It is the Each county in the state has four coroners, except the city and county of New York, which has but one.75 They are local officers, and bound to reside in their counties.76 duty of the secretary of state to keep a list of them, as he does of sheriffs and clerks." 77 They are elected at the same time and in the same manner as sheriffs, hold their offices for the same term, and are removable in like manner.78 is allowed to practice, while in office, as an attorney, solicitor, or counsellor of any court.7 79 No coroner 71 Ib. s. 17. 72 Ib. s. 18. 73 2 R. St. 477. s. 9. 74 1 Bl. Com. 346. 751 R. St. 97. 71 R. St. 102. s. 15. 771 R. St. 145. s. 45. 78 1 R. St. 112. s. 49. 50. 1 R. St. 123. s. 44. 45. 46. 1 R. St. 124. s. 47. 48. 79 1 R. St. 109. s. 27. Character of The coroner is both a judicial and ministerial officer. In CORONERS. his judicial capacity, he appears to be confined, in this state, to the holding of inquisitions in cases where persons have been slain or have died suddenly, or been dangerously wounded, as to such death or wounding;80 and this part of his duties any alderman or special justice of the city of New York is authorised to perform in case of the coroner's inability or absence from the city.81 character. The ministerial office of the coroner is only as the sheriff's Ministerial substitute; and this appears to be confined, in this state, to cases where the sheriff is a party; although, in England, process is awarded to the coroner, instead of the sheriff, where just exception can be taken to the latter, for suspicion of partiality on account of his being of kindred to either the plaintiff or defendant.82 The following are the provisions by statute respecting the execution of process by coroners, where the sheriff is a party. process riff is a party, "Whenever the sheriff of any county, shall be a party in Execution of any suit, all process in such suit, except when otherwise pro- where shevided by law, shall be executed by the coroner of the county to whom the same shall be delivered, in the same manner in all respects, subject to the same obligations and liabilities, and with the like authority, and entitled to the same privileges, as are prescribed by law in respect to sheriffs, except in cases otherwise specially provided for.83 When process shall be directed to the coroners of a county generally, the same may be executed, and a return thereto may be made and signed, by any one of such coroners; but such act or return shall in no degree prejudice the other coroners not participating therein."84 "If process for arresting the sheriff of the county, be defendant, delivered to a coroner, he shall execute the same in the manner prescribed by law in respect to the execution of similar process by sheriffs; and shall be authorised to take a bond on 802 R. St. 742. s. 1. et seq. 312 R. St. 743. s. 9. 821 Bl.Com. 348. 83 2 R. St. 441. s. 84. 84 2 R. St. 442. s. 85. CORONERS. the arrest, or a bond for the jail liberties, to himself, by the name of his office, in the same cases, and in the same manner, in which a sheriff would be authorised to take the same; which bonds shall have the like effect, and be subject to the same provisions, as bonds taken in like cases by sheriffs; and the proceedings, rights, and liabilities thereon, shall be the same in all respects."85 "If a sheriff, on being arrested by a coroner on civil process, requiring him to be held to bail, shall refuse or neglect to give the bond required by law to entitle him to be discharged, or if a sheriff shall be arrested on execution against his body, or on attachment, he shall be confined by the coroner, in some house situated within the liberties of the jail of the county, other than the house of such sheriff, or the jail of such county, in the same manner as sheriffs are required by law to confine prisoners in the jails of their counties respectively. Such house shall thereupon become the jail of the county, for the use of such coroner, and all laws relating to the jails of counties, shall be applicable to the same, while such sheriff shall be confined therein. For any escape of such sheriff from such house, the coroner shall be liable, in the same manner, and to the same extent, as sheriffs for the escape of their prisoners, and may plead, and give in evidence, the same matters allowed to sheriffs in similar actions."98 86 "A sheriff so confined shall be admitted to the liberties of the jail of the county, established for other prisoners, in the same cases, and upon executing the like bond to the coroner in whose custody he shall be, as provided in other cases. For any escape of such sheriff from such liberties, the coroner shall be liable, in the same manner, and to the same extent, as sheriffs for similar escapes, and may plead and give in evidence the same matters allowed by law to sheriffs." The coroner may prosecute any such bond taken by him, and 89 shall be entitled and subject to all the provisions of law, in CORONERS. respect to similar bonds taken by sheriffs; and such bonds may be assigned by him to the party at whose suit such sheriff shall have been arrested, and the same proceedings shall be had thereon, in all respects, as on bonds taken and assigned by sheriffs in similar cases."'90 "If any person be arrested by a coroner, or process issued plaintiff, in a suit in which the sheriff of the county is a plaintiff, he shall be committed to the common jail of the county, in cases where a commitment is required by law; but such coroner shall not be liable for any escape of such prisoner from such jail, after he shall have been committed thereto.91 Such prisoner, when so committed, shall be kept, in all respects, as other prisoners committed on civil process, and shall be entitled to be discharged, if he be committed on mesne process, on executing a bond to the coroner, in the same manner, and in the same cases, in which such bond is required to be given to a sheriff, which shall have the like effect, and be proceeded on in the same manner, in all respects."92 "Such prisoner shall be entitled to the liberties of the jail, in the same cases as other prisoners, on executing to the coroner a bond, in all respects similar to that required to be given to sheriffs, which shall have the like effect, and shall be assigned and proceeded on in the same manner.93 For any escape of such prisoner from such liberties, the coroner shall be answerable, in the same manner and to the same extent, as sheriffs for similar escapes, and may plead and give in evidence the same matters."'94 against she. rected "In all cases where a judgment shall be obtained in any Executions court against the sheriff of any county, either singly or with riffs how di others, instead of directing the execution thereon to the coroner of the county, it may be directed and delivered to any person, except a party in interest in the suit, who shall be CORONERS. designated by the court in term, by an order to be entered in the minutes, or by any judge thereof in vacation, by an order to be endorsed on such execution.95 The person so desig nated, and receiving such execution to execute the same, shall, in respect to such execution, be deemed a coroner of the county, and shall be liable, in all respects, to all the provisions of law respecting sheriffs, so far as the same may be applicable."96 Executions in replevin In the action of replevin where the sheriff is a party, the where sheriff execution is not awarded to the coroner, but only the The execution is awarded and executed as in is a party. in the cause. other cases of replevin.97 process We have seen, under the head of sheriff, on what occasions the duties of that office may devolve upon a coroner, and how he is to become entitled and qualified to fill it. 95 2 R. St. 364. s. 11. 97 2 R. St. 533. s. 67. |