Inquest in the Snug

And now, for something completely different. My attention was drawn yesterday to a 2023 lecture from the then Chief Coroner of England and Wales, Thomas Teague, K.C., who said:

Now, you will find it confidently asserted by various authorities that it was abolished by the Coroners Act of 1887. That is not so. The 1887 Act was completely silent about it. The earliest prohibition I have been able to find is contained in section 21 of the Licensing Act 1902, which forbade coroners to use public houses for inquests ‘where other suitable premises have been provided’. Section 21 was repealed in 1910 and I cannot trace any successor to it, raising the tantalising possibility that there currently exists no legal prohibition – not even a qualified one – against holding inquests in pubs. If so, it occurs to me that I might, perhaps, consider issuing some measured guidance on the topic.

Section 21 read:

From and after the thirty-first day of March one thousand nine hundred and seven, no meeting of justices in petty or special sessions shall be held in premises licensed for the sale of intoxicating liquors, or in any room, whether licensed or not, in any building licensed for the sale of intoxicating liquors; nor shall any coroner’s inquest be held on such licensed premises, where other suitable premises have been provided for such inquest.

It was indeed repealed by the Licensing (Consolidation) Act, 1910, so Teague’s claim that ‘Section 21 was repealed in 1910’ was accurate. Unfortunately, he apparently did not read the rest of the act, as section 83 reads:

No meeting of justices in petty or special sessions shall be held in licensed premises, or in any room, whether licensed or not, in any building licensed for the sale of intoxicating liquors; nor shall any coroner’s inquest be held on any such licensed premises where other suitable premises have been provided for the inquest.

The qualified prohibition was copied nearly word for word in 1910 act! And thanks to the wonder of Google Books, one finds a similar section in the Licensing Act, 1953:

157.—(1) Licensed premises, or a room in a building part of which is licensed premises, shall not be used as a petty-sessional court-house or an occasional court-house.

(2) A general annual licensing meeting or transfer sessions or special sessions shall not be held in licensed premises or in any such room as aforesaid.

(3) A coroner’s inquest shall not be held in licensed premises or in any such room as aforesaid if any other suitable place is provided.

Section 157 subsection 3 was not amended or repealed by the Licensing Act, 1961 (but subsections 1 and 2 were). The Licensing Act 1964, section 190, subsection 3, reads:

A coroner’s inquest shall not be held in licensed premises or in a room in a building part of which is licensed premises, if any other suitable place is provided.

The 1964 act was repealed in its entirety by the Licensing Act 2003, schedule 7. I don’t know if the holding of inquests in licensed premises was specifically barred or qualified by another piece of legislation, but it would seem that the qualified permission granted by previous acts has definitely disappeared. It is fascinating to note that magistrates were barred from holding sessions on licensed premises by 31 March 1907 at the latest!

‘Early Age’

Fisher as a Vice-Admiral. I cannot find a photo of him as a Lieutenant or Commander offhand.

Browsing through Wikipedia edits today I noticed the claim on Jacky Fisher’s page that ‘On 2 August 1869, “at the early age of twenty-eight”, Fisher was promoted to commander.’ The quote is taken from Ruddock Mackay’s Fisher of Kilverstone, p. 56. This didn’t sound particularly early to me: for some reason I know off the top of my head that Sir Michael Culme-Seymour, Bart., four years older than Fisher, had been promoted to that rank aged only 23 in 1859 (and Captain aged 29 in 1865). Tellingly Reginald Bacon didn’t make the claim either in his life of Fisher. I wondered—how early could 28 be for promotion to Commander in 1869? There was only one way to find out. With an hour’s train journey at hand (enlivened by being marooned by Swedish rail operator MTRX) I went through all the Lieutenants promoted in that year with Navy Lists for 1869 and 1870 and The National Archives online list of service records (which contain dates of birth). There were 39 new commanders in 1869 as far as I can see. The oldest (Harcourt T. Gammell) was 40 and the youngest (the magnificently named Thornhaugh P. Gurdon and The Honourable Edward S. Dawson) were 26. The mean age was 30, and the median and mode ages 31. Six were younger than Fisher and one (Henry J. Martin) was also 28, but two months older.

So, was Fisher really at such an ‘early age’ when promoted? The evidence suggests not, even though he was in what was referred to as a ‘promotion billet’, First Lieutenant of the Excellent, gunnery training ship at Portsmouth! He had also won promotion to Lieutenant aged just 19 which gave him a slight head start over the rest of his contemporaries.

If anyone wants the Excel sheet I compiled for this little exercise, send me an email.

UPDATE 20/01/24: I see now that it was possibly Rear-Admiral Sir William S. Jameson who originated the claim in his 1962 The House that Jack Built, p. 95, writing Fisher ‘was promoted to Commander at the early age of twenty-eight’. It is interesting how many people have repeated the claim without bothering to check. Among those who have done so are Geoffrey Penn, Roger Parkinson, Barry Gough, Terry Breverton and Paul Ashford Harris (the last wrote ‘remarkably early age’!).