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XXV. Any fine imposed for the offence of mischief by causing cattle to trespass on any land may be recovered by 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.

Recovery of penalty

for mischief committed by causing

cattle to trespass.

caused to land or crops or public roads by pigs.

XXVI. Any owner or keeper of pigs, who, through neg- Penalty for damage lect or otherwise, damages or causes or permits to be damaged any land, or any crop or produce of land, or any public road, by allowing such pigs to trespass thereon, shall, on conviction before a magistrate, be punished with fine not exceeding ten rupees.

XXVII. Any pound-keeper releasing or purchasing or delivering cattle contrary to the provisions of Section 19, 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 26 or Section 27 may be appropriated in whole or in part as compensation for loss or damage proved to the satisfaction of the convicting magistrate.

CHAPTER VII.

SUITS FOR COMPENSATION.

Penalty on poundkeeper failing to perform duties.

Application of fines

recovered under Section 25, 26, or

27.

for compensation.

XXIX. Nothing herein contained prohibits any person Saving of right to sue whose crops or other produce of land have been damaged 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 setoff and deducted from any sum claimed by or awarded to him as compensation in such suit.

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XXII. of 1861 An Act to amend Act III. of 1857 (relating to trespasses

by cattle).

Preamble.

Short title.

Local extent.

Commencement.

Repeal of enactments,

A. D. 1871. ACT IV.

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.

I. 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 hereto annexed are repealed to the extent specified in the third column of the said schedule.

Coroners of Calcutta, Madras and Bombay.

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 coroner. Such coroners shall be called respectively the

Coroner of Calcutta, the Coroner of Madras, and the Coroner

of Bombay.

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

lic servants."

VI. Any coroner may hold simultaneously any other Fower to hold other office under Government.

offices.

coroner.

VII. Every person hereafter appointed to the office of Oath to be taken by 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.

CHAPTER III.

DUTIES AND POWERS OF CORONERS.

en

quire into deaths.

VIII. When a coroner is informed that the death of any Jurisdiction to 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 proceeding within the meaning of Section 193 of the Indian Penal Code.

when prisoner dies.

IX. Whenever a prisoner dies in a prison situate within Coroner to be sent for the place for which 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 or other epidemic disease.

Power to hold in- X. quests on bodies

within local limits wherever cause of

death occurred.

Power to order body to be disinterred.

Summoning jury.

Inquest may be on
Sunday.
Opening court.

Jurors to be sworn.

View of body.

Proclamation for wit.

nesses.

Summoning witness

es.

Whenever an inquest ought to be holden on any body lying dead within the local limits of the jurisdiction of any coroner, he shall hold such inquest, whether or not the cause of death arose within his jurisdiction.

XI. A coroner may order a body to be disinterred within 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.

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.

Any inquest under this Act may be held on a Sunday. 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.

XIV. When a sufficient jury is in attendance, he shall 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.

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.

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.

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 on the inquest.

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.)

nation.

nesses,

XVIII. The coroner may direct the performance of a Post mortem examipost mortem examination, with or without an analysis of the contents of the stomach or intestines, by any medical 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.

Evidence to be on
Evidence on behalf

oath.

of accused.

XIX. All evidence given under this Act shall be on oath, and the coroner shall be bound to receive evidence on 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 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 corouer shall commit to writing the material parts of the evidence given to the 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 committed an offence under Section 180 of the Indian Penal Code.

Every such deposition shall be subscribed by the coroner.

XXI. The coroner may adjourn the inquest from time to time, and from place to place.

Questions suggested by jury.

Coroner to take down evidence in writing.

Witnesses to sign depositions.

Coroner to subscribe depositions. Adjournment of in

quest.

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