Opinion
(1793.)
Littleton took divers exceptions to an indictment before the coroners of Montgomery, which was removed here by certiorari.
1. The inquisition ought to be super visum corporis. This appears in Britton de coroners and the statute de officio coronatoris. 4 Ed., 1 St., p. 13, and F. Coronae, 107; 21 E., 4, 70; 2 R., 3, 2. Therefore, if a man be drowned and his body cannot be found, the coroner cannot inquire, but the justices of the peace ought to do so. Here it appears that it was not super visum, for it is inquisitio capta apud D. super corpus I. S. mortis jacentis apud L. If it was in one town, a view could not be had of it in another.
2. The inquisition is per sacramentum duodecim proborum et legalium hominum com. praed. And this is bad, for the inquisition ought to be by men of the same vill, before the coroners, or four of them, and four of the next vill.
3. Sagitavit et tormentum, and killed him, etc., *it ought to be sagitavit in tormento.
Adjournatur and a day was given to the attorney to maintain the inquisition. Poph., 209; Noy, 87; Bendl., 202.