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Jurors' recognizan Whenever the inquest is adjourned the coroner shall take

the recognizances of the jurors to attend at the time and place appointed, and notify to the witnesses when and where the inquest will be proceeded with.

The amount of such recognizances shall in each case be

fixed by the coroner. Coroner to suni up to XXII. When all the witnesses have been examined the jury.

coroner shall sum up the evidence to the jury, and the jury

shall then consider of their verdict. Coroner to draw up XXIII. When the verdict is delivered the coroner shall inquisitiou.

draw up the inquisition according to the finding of the jury, or, when the jury is not unanimous, according to the opinion

of the majority. Contents of inquisi XXIV. Every inquisition under this Act shall be signed tion.

by the coroner with his name and style of office and by the
jurors, and shall set forth-

(1) where, when and before whom the inquisition is holden,
(2) who the deceased is,
(3) where his body lies,

(4) the names of the jurors, and that they present the inquisition upon oath,

(5) where, when, and by.what means the deceased came by his death, and

(6) if his death was occasioned by the criminal act of another, who is guilty thereof.

If the name of the deceased be unknown, he may be described as a certain person to the jurors unknown.

Every such inquisition shall be in the form set forth in the second schedule hereto annexed, with such variation as

the circumstances of each case require. Procedure where ver. XXV. When the verdict is that the death bas been

dict amounts to murder, culpable caused by culpable homicide amounting to murder, or by homicide, or killing culpable homicide not amounting to murder, or by a rash or by negligence.

negligent act not amounting to culpable homicide, the coroner shall bind by recognizance any person knowing or declaring anything material touching such murder, homicide, or act to

appear at the next criminal sessions at which the trial is to be, then and there to prosecute or give evidence against the party charged. The coroner shall certify and subscribe such recognizances, Coroner to certify

aud deliver inquisiand shall, immediately after the inquest, deliver tbein, to tion, depositions, gether with the inquisition and evidence, to the proper

aud recoguizances. officer of the court in which the trial is to be. XXVI. The coroner shall also, where the verdict justi- Warrant against

person accused. fies him in so doing, issue his warrant for the apprehension of the person accused and commit him to prison until he is thence discharged by due course of law, or, if he be already in prison, issue a detainer to the officer in charge of the jail in which he is. XXVII. In.cases where the jury has found against any

Power to accept bail, person à verdict of culpable homicide not amounting to murder, or of killing by a rash or negligent act not amounting to culpable homicide, the coroner may, if he thinks fit, accept bail with sufficient sureties for the appearance of such person at the next criminal sessions, and thereupon such person, if in custody of any officer of the coroner's court, or in any gaol under a warrant of commitment issued by the coroner, shall be discharged therefrom.

XXVIII. When the proceedings are closed, or before, if Warrant fur burial, it be necessary to adjourn the inquest, the coroner shall give his warrant for the burial of the body on which the inquest has been taken. XXIX. No inquisition found upon or by any inquest Inquisitions not to bo

quashed for want shall be quashed for any technical defect. .

of form. In any case of technical defect, a judge of the high court Amendment of inqui

sition. may, if he thinks fit, order the inquisition to be amended, and the same shall forth with be amended accordingly,

XXX. It shall no longer be the duty of the coroner to Cessation of jurisdic. inquirė whether any person dying by his own act was or

trove, wrecks, &c. was not felo de se, to inquire of treasure trove or wrecks, to seize any fugitive's goods, to execute process, or to exercise as coroner any jurisdiction not expressly conferred by this Act. A felo de se shall not forfeit his goods.

Felo de se. Deodands are hereby abolished.

Deodands.

tion as to treasure

CHAPTER IV.

CORONER'S JURIES. Fine on juror neglect. XXXI. Whenever any person has been duly summoned ing to attend.

to

appear as a juror by a coroner, and fails or neglects to attend at the time and place specified in the summons, thie coroner may cause him to be openly called in his court three times to appear and serve as a juror; and upon the non-appearanoe of such person, and proof that such summons has been served upon him, or left at his usual place of abode, may impose such fine upon the defaulter, not exceeding fifty

rurees as to the coroner seems fit. Certificate as to des XXXII., The coroner shall make out and sign a certifaclting juror.

ficate, containing the name and surname, the residence and rade or calling of every person so making default, together with the amount of the fine so imposed, and the cause of such fine,

and shall send such certificate to one of the magistrates

of the place of which he is the coroner, Service of copy of

and shall cause a opy of such certificate to be served upon certificate.

the person so fined, by having it left at his usual place of residence, or by sending the same through the post office,

addressed as aforesaid and registered. Levy of fine.

XXXIII. Thereupon such magistrate shall cause the fine to be levied in the same manner as if it had been im

posed by himself. Jurors not' to be XXXIV. Unless in case of necessity, no person who

summoned withia the year.

has appeared, or has been summoned to appear as a juror on an inquest, and has not made default, shall, within one year after such appearance or summons, be suminoned to

appear as a juror under this Act. Jurors on inquest on

XXXV. When an inquest is held on the body of a priprisoner.

soner dying within a prison, no officer of the prison and no prisoner confined therein shall be a juror on such inquest.

twice

Coroner's salary

CHAPTER V. RIGHTS AND LIABILITIES OF CORONERS. XXXVI. Every coroner shall be entitled to such salary for the performance of the duty of his office, as is prescribed in that behalf by the Governor-General in Council.

XXXVII. All disbursements duly made by a coroner Disbursements to be

repaid. for fees to medical witnesses, hire of rooms for the jury and the like, shall be repaid to him by the local Government. XXXVIII. Every coroner may from time to time, Power to appoint

deputy. with the previous sanction of the local Government, appoint, by writing under his hand, a proper person to act for him as his deputy in the holding of inquests, and such Oath to be taken by

deputy deputy 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/

X

All inquests taken and other acts done by any such deputy, under or by virtue of any such appointment, shall be deemed to be the acts of the coroner appointing him ;

Provided that no such deputy shall act for any such coroner except during the illness of the said coroner, or during his absence for any lawful and reasonable cause.

Every such appointment may at any time be cancelled Revocation of and revoked by the coroner by whom it was made.

pointment. XXXIX. No coroner or deputy coroner shall be liable to Exemption

from

serving on juries. serve as a juror.

XL. Coroners and deputy coroners shall be privileged Privilege from arrest. from arrest while engaged in the discharge of their official duty. XLI. Any coroner or deputy coroner failing to com- Penalty for failure to

comply with Act. ply with the provisions of this Act, or otherwise misconducting himself in the execution of his office, shall be liable to such fine as the chief justice of the high court, upon summary examination and proof of the failure or misconduct, thinks fit to impose.

XLII. * No proceeding for anything done under this Act, Limitation of suits. for

any failure to comply with its provisions, shall be commenced or prosecuted after the expiration of three months from such fact or failure, nor after tender of sufficient amends.

or

• So much of this section as relates to the limitation of suits, repealed by Act IX. of 1871.

FIRST SCHEDULE

Number and Year.

Title.

Extent of repeal.

33 Geo. III., cap. An Act for continuing in the East Section 157.
52.

India Company for a further
term, the possession of the Bri.
tish territories in India, to-
gether with their exclusive
trade, under certain limita-
tious; for establishing further
regulations for the goverument
of the said territories and the
better administration of justice
within tbe same ; for appropri.
ating to certain uses the reve-
nues and profits of the said
Company; and for making pro-
vision for the good order and
government of the towns of
Calcutta, Madras and Bombay.

9 Geo. IV., cap. An Act for improving the ad-Sections 5 and 6, 74.

ministration of criminal justice and (so far as it in the East Indies.

relates to Coro

ners) Section 51. Act No. IV. of An Act for regulating Coroners' The whole.

iv. 1848,

Juries.

Act No. XLV. of An Act to declare the law as to the whole. 1850.

the jurisdiction of Coroners.

on the

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day of

SECOND 'SCHEDULE.

Form of Inquisition.
AN INQUISITION taken at

day of 187 before L F, Coroner of

on view of the body of A B tben and there lying dead, upon the oath of GH, IJ, K L and M N, then and there duly sworn and charged to inquire when, how, and by what means the said A B came to his death.

We, the said jurors, find unanimously (or by a majority of that the death of the said A B was caused, on or about the

187 by [here state the cause of death as in the following examples i. Cases of homicide]—a blow on the head with a stick inflicted

on bim by CD, under such circumstances that the act of C D was justi

fiable (or accidental] homicide. -a stab on the heart with a knife ipflicted

on him by CD, under such circumstances that the act of C D was culpable homicide pot amounting to murder [or culpable homicide amounting to murder, or a rash or negligent act not amounting to culpable homicide.]

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