Where a thing is not in motion, that part of it which actually caused the death is alone forfeited, “as if a man be climbing on the wheel of a cart, and is killed by falling from it, the wheel alone is a deodand. 1 _Bl. Com._ 300. But whenever the thing is in motion, not only that part which immediately gives the wound, (as the wheel which runs over his body) but all the things which move with it, and help to make the wound more dangerous (as the cart and loading, which increase the pressure of the wheel) are forfeited.” _ibid._ The utmost penalty of this law might often be inflicted on the proprietors of stage coaches, where the wilful negligence, drunkenness, or brutality of the driver had occasioned the loss of life. “It matters not whether the owner were concerned in the killing or not; for, if a man kill another with my sword, the sword is forfeited.” _ibid._ The learned Commentator thus concludes, “But juries have of late very frequently taken upon themselves to mitigate these forfeitures, by finding only some trifling thing, or part of an entire thing, to have been the occasion of the death. And in such cases, although the finding of the jury be hardly warrantable by law, the Court of King’s Bench hath generally refused to interfere on behalf of the lord of the franchise, to assist so unequitable a claim.” 1 _Com._ 301. Thus is the justice of the country injured, in order to restrain the rapacity of individuals, improperly invested with the prerogatives of the crown. See also 1 _East. P. C._ 386.
A coroner may be punished for misconduct by fine, imprisonment, or removal; as if he be remiss in coming to do his office when he is sent for, he shall be removed by virtue of the statute _De Coronatoribus_ 4 _Ed._ l. _c._ 2: _Salk._ 37. _Hale P. C._ 170. or if he do not properly execute his office. 1 _Lill. Abr._ 327.
If his Inquisition be quashed, and a _melius Inquirendum_ is granted, that Inquisition must be taken by the Sheriffs or Commissioners, upon affidavits.[87] 1 _Danv. Abr._ 210. _Salk._ 190.
The filing of a coroner’s inquest may also be stopped for mismanagement. 1 _Mod._ 82. If he conceal felonies he shall be fined, and suffer one year’s imprisonment. 3 _Ed._ 1 _c._ 9. In Lord _Buckhurst’s_ case a coroner not returning his inquisition of murder to the next gaol delivery, but suppressing it, was discharged from his office, and fined £100. 1 _Kebl._ 280.