added 13. The said Act is amended by adding thereto, imme- Section 24a diately after section 24, the following new section: duties paid re situate out "24a.-(1) Where in respect of any movable or personal Allowance for property locally situate without the Province, or any interest property therein as aforesaid, any estate, succession, or legacy duty side Province or tax elsewhere than in the Province shall have been paid, a like allowance for the amount so paid as in the last preceding section mentioned shall be made by the Province, and the property upon which such duty or tax has been paid. elsewhere shall be subject to the payment of such portion only of the succession duty provided for in the last preceding section as will equal the difference between the duties payable under this Act with respect to property in the Province and the duty or tax so paid elsewhere. "(2) Provided, further, that allowance for any estate, succession, or legacy duty or tax payable, elsewhere than in this Province shall be made under this Act only as to any country, State, or British Province or possession where an allowance is made for the succession duty paid under this Act on property situate in this Province passing on the death of any person domiciled in any such country, State, or British Province or possession, and the Lieutenant Governor in Council, by Order, shall have extended the provisions of this Act as to such allowance by this Province so as to apply to such country, State, or British Province or possession: "Provided also, that the Lieutenant Governor in Council may revoke any such order where it appears that the law of such country, State, or British Province or possession has been so altered that it would not authorize the making of any order under this section." Allowance made in re only to be certain countries, etc. amended 14. The said Act is amended as to section 38 thereof by Section 38 adding at the end thereof the following: "Provided that the property liable for duty and the amount of such duty shall not have been previously determined." Act 15. This Act shall come into force on the day upon which Coming into it is assented to. CHAPTER 32. An Act to consolidate and amend The Coroners Act. (Assented to April 2, 1927.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Coroners Act, 1927." Short title jurisdiction 2.-(1) The Lieutenant Governor in Council may appoint Appointment, one or more Coroners for the Province and may define the and removal territorial limits of their separate and respective jurisdic- of Coroners tions, and may at any time remove, supersede or dispense with any or all of such Coroners and appoint another or others in his or their stead at pleasure. Chief Coroner (2) The Lieutenant Governor in Council may appoint a Provincial Provincial Chief Coroner, who shall have jurisdiction throughout the Province, and the powers, duties and remuneration of the Provincial Chief Coroner shall be such as may from time to time be defined and set forth by Order in Coun cil. of certain (3) In cities of more than fifteen thousand inhabitants, Chief Coroners the Lieutenant Governor in Council may appoint a Coroner cities to be called the Chief Coroner of such city, whose fees, powers and duties shall be such as may from time to time be defined and set forth by Order in Council. duties (4) The Lieutenant Governor in Council may limit and Powers and define the powers and duties of all Coroners now or hereafter appointed in cities of more than fifteen thousand in habitants. of previous (5) All appointments of persons as Coroners as hereto- Confirmation fore made by the Lieutenant Governor in Council are hereby appointments declared to be valid, and all Coroners appointed for the North-West Territories and who upon the ninth day of May, one thousand nine hundred and six, were residents in the Province and whose appointments have not been revoked, the pleasure of the Lieutenant Governor. shall be entitled to act as Coroners in the Province during disqualified 3. A Coroner shall not take part in any inquiry under When Coroner this Act or conduct an inquest in respect of the body of any person whose death has been caused at or on a railway, mine or other work whereof he is the owner or part owner, Duty of medical etc., to notify Coroner in certain cases or which is owned or operated by a company in which he is a shareholder, or in respect of which he is employed as medical attendant, or in any other capacity, by the owner thereof, or under any agreement or understanding direct or indirect with the employees at or on such work. 4.--(1) Every medical practitioner, undertaker or empractitioner, balmer, and every person occupying a house in which a deceased person was residing, and every peace officer who has reason to suspect or believe that any person has died as a result of violence or misadventure or by unfair means, or from any cause other than disease, or as a result of negligence or misconduct or malpractice on the part of others, or under such circumstances as require investigation, shall immediately notify a Coroner having jurisdiction in the place where the body of the deceased person is, of the facts and circumstances relating to the death. Notice where lack of proper medical attention Duty of of information as to death (2) The notice required by subsection (1) shall be given in every case where such medical practitioner, undertaker or embalmer or occupant or peace officer, is aware that the deceased had been suffering from disease or sickness and had not been treated or attended by a duly qualified practitioner. (3) Where a Coroner is informed that there is within upon receipt his jurisdiction the body of a deceased person and that there is reason to suspect or believe that the deceased died as the result of violence or misadventure or by unfair means in custody or from any cause other than disease, or as a result of negligence or misconduct or malpractice on the part of others, or under such circumstances as require investigation, he shall issue his warrant to take possession of the body, and shall view the body and make such further inquiry as may be required to satisfy himself whether or not an inquest is necessary; and for that purpose he is empowered to require the assistance of all or any constables and peace officers, whose duty it shall be when so called upon to make immediate inquiries into the circumstances of the death, and to report to the Coroner in detail the results of such inquiries, and the Coroner is also empowered in cases where it is reasonably necessary to engage a medical practitioner to make a post mortem examination of the body of such nature as he may be instructed by the Coroner for the purpose of ascertaining the cause of death; and it shall be the duty of such medical practitioner to report without delay, in writing, in detail, to the Coroner, the result of such examination. (4) If after making the inquiries referred to in subsection (3) of this section, the Coroner is satisfied that the deceased did not come to his death by unfair means, or as a result of negligence or misconduct or malpractice on the part of others, or through violence or misadventure, under of Coroner circumstances requiring investigation by a Coroner's in- Affidavit quest, the Coroner shall proceed to make the affidavit in Form B in the schedule to this Act, or to the like effect, and shall upon the production to him of a certificate of registration of death pursuant to The Vital Statistics Act, proceed to issue his warrant for burial, and shall immediately there- Warrant for after transmit to the Attorney General the affidavit in Form out inquest B and all reports received by him and a report by him setting forth briefly the circumstances of the death. burial with relation to (5) Notwithstanding anything contained in the preceding Right of section, wherever a death occurs, should the father or demand mother, son or daughter, brother or sister of the deceased inquest have reason to suspect or believe that such person died under any of the circumstances as set out in subsection (1) of this section, such father or mother, son or daughter, brother or sister, shall have the right to demand that a coroner's inquest be held in accordance with the provisions of this Act. General may (6) The Attorney General may in any case direct the Attorney Coroner who has undertaken an investigation, or the Pro- direct inquest vincial Chief Coroner, to hold an inquest upon the body, and the Coroner to whom such direction is given shall forthwith issue his warrant for an inquest and proceed to hold the same. warden, etc., (7) Where a prisoner in a gaol, prison, house of correc- Duty of tion, reformatory or lock-up dies, the warden, gaoler, keeper with respect or superintendent thereof shall immediately give notice of to death of such death to the Coroner, and the Coroner shall issue his warrant and hold an inquest upon the body. prisoner death of 5. If after making such inquiry, the Coroner deems it Inquest re necessary that an inquest should be held, he shall issue his prisoner warrant for the holding of an inquest and the summoning of a jury, and shall forthwith transmit to the Attorney General a copy of all reports which have been obtained by him, and a statement in writing setting forth briefly the result of such inquiry, and the grounds upon which he deems it necessary that an inquest should be held. Coroner as 6. Every Coroner shall have the same powers to summon Power of witnesses and to punish them for disobeying a summons to to witnesses appear, or for refusing to be sworn or to give evidence, as are conferred by Part XV of The Criminal Code, upon a justice of the peace. 7.-(1) The number of jurymen to be summoned to serve Coroner's jury on an inquest shall be six. (2) Except as is otherwise provided by this or any other Act, such persons only shall be liable to serve upon such a jury as are, pursuant to The Jury Act, liable to serve as common jurors. |