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XXV. Any fine imposed for the offence of mischief by Recovery of penalty

for mischief com. causing cattle to trespass on any land may be recovered by mitted by causiug

cattle to trespass. sale of all or any of the cattle by which the trespass was committed, whether they were seized in the act of trespassing or not, and whether they are the property of the person convicted of the offence, or were only in his charge when the trespass was committed. XXVI. Any owner or keeper of pigs, who, through neg- Penalty for damage

caused to land or lect or otherwise, damages or causes or permits to be dam

public aged any land, or any crop or produce of land, or any, public

roads by pigs. road, by allowing such pigs to trespass thereon, sball, ,on conviction before a magistrate, be punished with fine not exceeding ten rupees. XXVII. Any pound-keeper releasing or purchasing or . Penalty on pound

keeper failing to delivering cattle contrary to the provisions of Section 19,

perform duties. or omitting to provide any impounded cattle with sufficient food and water, or failing to perform any of the other duties imposed upon him by this Act, shall, over and above

any other penalty to which he may be liable, be punished, on conviction before a magistrate, with fine not exceeding fifty rupees.

Such fines may be recovered by deductions from the pound-keeper's salary. XXVIII. All' fines recovered under Section 25, Section Application of fines

recovered

under 26 or Section 27 may be appropriated in whole or in part as Section 25, 26, or

27. compensation for loss or damage proved to the satisfaction of the convicting magistrate.

.

CHAPTER VII.

SUITS FOR COMPENSATION, XXIX. Nothing herein contained prohibits any person Saving of right to sue whose crops or other produce of land have been damaged for compensation. by trespass of cattle, from suing for compensation in any competent court.

XXX. Any compensation paid to such person under Set-off. this Act by order of the convicting magistrate, shall be set. off and deducted from any sum claimed by or awarded to , him as compensation in such suit.

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III. of 1857. Ao Act relating to trespasses by cattle.
V. of 1860. An Act to amend Act III. of 1857 (relatiug to trespassos

by cattle).
XXII. of 1861 An Act to abiend Act III. of 1857 (relating to trespasses

by cattle).

A. D. 1871. ACT IV.

Preamble.

THE CORONERS' ACT, 1871.
AN ACT to consolidate and amend the laws relating to

Coroners.
Passed on the 27th January 1871.
WHEREAS it is expedient to consolidate and amend the
laws relating to Coroners in the presidency towns; it is
hereby enacted as follows:

CHAPTER I.

PRELIMINARY. 1. This Act may be called “The Coroner's Act, 1871:" it extends to the local limits of the ordinary original civil jurisdiction of the high courts of judicature at Fort William, Madras and Bombay;

and it shall come into force on the passing thereof.

II. The enactments mentioned in the first schedule bere, to annexed are repealed to the extent specified in the third column of the said schedule.

Short title,

Local extent.

Commencement.

Repeal of enactments,

1

Coroners of Calcutta,

Madras and Bom. bay.

CHAPTER II.

APPOINTMENT OF CORONERS. III. Within the local limits of the ordinary original civil jurisdiction of each of the said high courts, there shall be a

Such coroners shall be called respectively the

coroner.

Coroner of Calcutta, the Coroner of Madras, and the Coroner of Bombay.

IV. Every such officer shall be appointed and may be Their appointment, suspended or removed by the local Government.

suspension and re

moval. Every person now holding such office shall be deemed to Present Coroners. have been appointed under this Act.

V. Every coroner shall be deemed a public servant Coroners to be 'pub within the meaning of the Indian Penal Code.

VI. Any coroner may hold simultaneously any other Power to hold othen office under Government. VII. Every person hereafter appointed to the office of Oath to be taken by

coroner, coroner shall take and subscribe before one of the judges of the high court, an oath that he will faithfully discharge the duties of his office.

lic servants.

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offices.

CHAPTER III.

DUTIES AND POWERS OF CORONERS.

VIII. When a coroner is informed that the death of any Jurisdiction to en

quire into deaths. person has been caused by accident, homicide, suicide, or suddenly by means unknown, or that any person being a prisoner has died in prison,

and that the body is lying within the place for which the coroner is so appointed, the coroner shall inquire into the cause of death.

Every such inquiry shall be deemed a judicial prooeeding within the meaning of Section 193 of the Indian Penal Code. IX. Whenever a prisoner dies in a prison situate within Coroner to be sent for

when prisoner dies. the place for wbich a coroner is so appointed, the superintendent of the prison shall send for the coroner before the body is buried. Any superintendent failing herein shall, on conviction before a magistrate, be punished with fine not exceding five hundred rupees.

Nothing in the former part of this section applies to cases in which the death has been caused by cholera of other epidèmic disease.

Power to hold in X. Whenever an inquest ought to be holden on any

qnests on within local limits body lying dead within the local limits of the jurisdiction of wherever cause of any coroner, he shall hold such inquest, whether or not the death occurred.

cause of death arose within his jurisdiction. Power to order body XI. A coroner may order a body to be disinterred withto be disinterred. in a reasonable time after the death of the deceased

person, , either for the purpose of taking an original inquisition where none has been taken, or a further inquisition where the first

was insufficient. Summoning jury.

XII. On receiving notice of any death mentioned in Section 8, the coroner shall summon five, seven, nine, eleven, thirteen'or fifteen respectable persons to appear before him at a time and place to be specified in the summons, for the purpose of inquiring when, how, and by what means the

deceased came by his death. Inquest may be on Any inquest under this Act may be held on a Sunday.

Sunday. Opening court.

XIII. When the time arrives, the coroner shall proceed to the place so specified, open the court by proclamation,

and call over the names of the jurors. Jururs to be sworn. XIV. When a sufficient jury is in attendance, he sball

administer an oath to each juror to give a true verdict according to the evidence, and shall then proceed with the

jury to view the body. View of body. XV. The coroner and the jury shall view and examine

the body at the first sitting of the inquest, and the coroner shall make such observations to the jury as the appearance

of the body requires. Proclamation for wit. XVI. The coroner shall then make proclamation for the

attendance of witnesses, or, where the inquiry is conducted in secret, shall call in separately such as know anything

concerning the death. Summoning witness XVII. It shall be the duty of all persons acquainted

with the circumstances attending the death to appear before the inquest as witnesses : the coroner shall inquire of such circumstances and the cause of the death; and if before or during the inquiry he is informed that any person can give evidence material thereto, may issue a summons requiring him to attend and give evidence oa tho inquest.

nesses.

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nesses,

oath.

Any person failing so to attend or give evidence shall be deemed to have committed an offence under Section 174 or 176 of the Indian Penal Code, as the case may be.

For the purpose of causing prisoners to be brought up to give evidence, the coroner shall be deemed a criminal court within the meaning of Act No. XV. of 1869 (to provide facilities for obtaining the evidence and appearance of prisoners and for service of process upon them.) XVIII. The coroner may direct the performance of a Post mortem exami

nation. post mortem examination, with or without an analysis of the contents of the stomach or intestines, by any medioal wit- Fees to medical witness summoned to attend the inquest : and every medical witness, other than the chemical examiner to Government, shall be entitled to such reasonable remuneration as the coroner thinks fit.

XIX. All evidence given under this Act shall be on Evidence to be on oath, and the coroner shall be bound to receive evidence on Evidence on behalf

of accused. behalf of the party (if any) accused of causing the death of the deceased person,

Witnesses unacquainted with the English language shall Interpreter. be examined through the medium of an interpreter, who shall be sworn to interpret truly as well the oath as the questions put to, and the answers given by the witnesses. After each witness has been examined, the coroner shall Questions suggested

by jury. inquire whether the jury. wish any further questions to be put to the witness, and if the jury wish that any such questions should be put, the coroner shall put them accordingly. XX. The corover shall commit to writing the material Coroner to take down

evidence in writing. parts of the evidence given to ihe jury, and shall read or cause to be read over such parts to the witness and then procure his signature thereto. Any witness refusing so to sign shall be deemed to have Witnesses

depositions. committed an offence under Section 180 of the Indian Penal Code. Every such deposition shall be subscribed by the coroner. Coroner to subscribe

depositions. XXI. The coroner may adjourn the inquest from time 'Adjournment of in

quest. to time, and from place to place.

to sign

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