Procedure where ver. dict amounts to 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. XXII. When all the witnesses have been examined the coroner shall sum up the evidence to the jury, and the jury shall then consider of their verdict. XXIII. When the verdict is delivered the coroner shall 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. XXIV. Every inquisition under this Act shall be signed 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. XXV. When the verdict is that the death has been murder, culpable caused by culpable homicide amounting to murder, or by bomicide, 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. and deliver inquisition, depositions, and recognizances. The coroner shall certify and subscribe such recognizances, Coroner and shall, immediately after the inquest, deliver them, together with the inquisition and evidence, to the proper officer of the court in which the trial is to be. against person accused. XXVI. The coroner shall also, where the verdict justi- Warrant 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 person a 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. Power to accept bail. XXVIII. When the proceedings are closed, or before, if Warrant for 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 be shall be quashed for any technical defect. . quashed for want of form. sition. In any case of technical defect, a judge of the high court Amendment of inquimay, if he thinks fit, order the inquisition to be amended, and the same shall forthwith be amended accordingly. XXX. It shall no longer be the duty of the coroner to inquire whether any person dying by his own act was or 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. Cessation of jurisdic tion as to treasuretrove, wrecks, &c. Felo de se. Fine on juror neglect. ing to attend. Certificate as to defaulting juror. Service of copy of certificate. Levy of fine. Jurors not to be twice summoned within the year. Jurors on inquest on prisoner. Coroner's salary. CHAPTER IV. CORONER'S JURIES. XXXI. Whenever any person has been duly summoned to appear as a juror by a coroner, and fails or neglects to attend at the time and place specified in the summons, the coroner may cause him to be openly called in his court three times to appear and serve as a juror; and upon the non-appearance 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 rupees as to the coroner seems fit. XXXII. The coroner shall make out and sign a certificate, 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, and shall cause a copy of such certificate to be served upon 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. XXXII. Thereupon such magistrate shall cause the fine to be levied in the same manner as if it had been imposed by himself. XXXIV. Unless in case of necessity, no person who 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 summoned to appear as a juror under this Act. XXXV. When an inquest is held on the body of a prisoner dying within a prison, no officer of the prison and no prisoner confined therein shall be a juror on such inquest. 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 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!' 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. Oath to be taken by deputy Every such appointment may at any time be cancelled Revocation of apand revoked by the coroner by whom it was made. pointment. XXXIX. No coroner or deputy coroner shall be liable to Exemption serve as a juror. from serving on juries. XL. Coroners and deputy coroners shall be privileged Privilege from arrest. from arrest while engaged in the discharge of their official 'duty. comply with Act. XLI. Any coroner or deputy coroner failing to com- Penalty for failure to 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. or 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. So much of this section as relates to the limitation of suits, repealed by ' Act IX. of 1871. Number and Year. FIRST SCHEDULE. Title. Extent of repeal. 33 Geo. III, cap. An Act for continuing in the East Section 157. 52. India Company for a further 9 Geo. IV., cap. An Act for improving the ad-Sections 5 and 6, ministration of criminal justice and (so far as it 74. in the East Indies. relates to Coroners) Section 51. Act No. IV. of An Act for regulating Coroners' The whole. Act No. XLV. of An Act to declare the law as to The whole. the jurisdiction of Coroners. 1850. SECOND 'SCHEDULE. Form of Inquisition. AN INQUISITION taken at 187, before L F, Coroner of on the day of on view of the body of Á B then and there lying dead, upon the oath of GH, IJ, KL 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. of 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 day of 187, by [here state the cause of death as in the following examples1. Cases of homicide]—a blow on the head with a stick inflicted on him by CD, under such circumstances that the act of CD was justifiable [or accidental] homicide. -a stab on the heart with a knife inflicted on him by CD, under such circumstances that the act of C D was culpable homicide not amounting to murder [or culpable homicide amounting to murder, or a rash or negligent act not amounting to culpable homicide.] |