manner and form following, or in any words to the same effect, mutatis mulandis, that is to say,

Form of Conviction.

year of our Lord

County Be it remembered, that on the

to wit.

}

at

in the

day of in the county of A. B. of. in the county of labourer, (or as the case may be) personally came before me (or before us) C. D. one (or more, as the case may be) of her Majesty's justices of the peace for the said county of and informed me (or us, as the case may be) that E. F. of in the county of labourer, (or as the case may be) on the day of in the year of our Lord at in the said county of did [here set forth the fact for which the information is laid] contrary to the form of the statute in such case made and provided, whereupon the said E. F. after being duly summoned to answer the said charge, appeared before me (or us, as the case may be) on the day of- in the year of our Lord at in the said county of

day

and having heard the charge contained in the said information, declared that he was not guilty of the said offence, (or as the case may happen to be) did not appear before me (or us), pursuant to the said summons, or did neglect and refuse to make any defence against the said charge, whereupon I, or we, (as the case may be) or nevertheless I, or we, (as the case may be) the said justice or justices, did proceed to examine into the truth of the charge contained in the said information, and on the day of aforesaid, at in the county of aforesaid, one credible witness, to wit, A. W. of in the county of labourer, (or as the case may be) upon his oath deposeth and saith, [if E. F. be present, say, in the presence of E. F.] that on the of in the year of our Lord the said E. F. at in the said county of [here state the evidence, and as nearly as possible in the words used by the witness; and if more than one witness be examined, state the evidence given by each; or if the defendant confess, then, instead of stating the evidence, say, and the said E. F. acknowledged and voluntarily confessed the same to be true.] therefore it manifestly appearing to me (or us, as the case may be) that he the said E. F. is guilty of the offence charged upon him in the said information, I, or we (as the case may be) do hereby convict him of the offence aforesaid, and do declare and adjudge, that he the said E. F. hath forfeited the sum of of lawful money of this province for the offence aforesaid, to be distributed or paid (as the case may be) according to the form of the statute in that case made and provided. Given under my hand (or our hands as the case may be) and seal (or seals), the in the year of our Lord

day of

§ 2. In all cases where two or more justices are authorised to hear and determine any complaint, one justice shall be competent to receive the original information or complaint, and issue the summons or warrant requiring the party to appear before two justices, as the case may require, and after adjudication thereon, by two or more such justices, all subsequent

proceedings to enforce obedience thereto, whether respecting the fine, imprisonment, costs or other matter, may be enforced by either of the said justices, or by any other justice of the district, having before him a record of such conviction, certified by the justice or justices who adjudged the case. § 3. No conviction shall be set aside in consequence of any defect of form. § 4. And in cases where convictions shall be quashed, uo more damages than one shilling, and the amount levied by virtue thereof, shall be recoverable against any justice, unless the act complained of shall be charged in the declaration to have been done maliciously. § 5. And no damages or costs, when the plaintiff shall be proved to have been guilty.

A defendant is entitled to a copy of the conviction, and the justice is bound to give it him, if requested.-R. v. Midlum, Burr. 1720. But the justice is not thereby precluded from drawing up and returning a conviction in a more formal shape; for this last is to be taken as the only authentic record of the proceedings.-R. v. Barber, 1 East. 82; R. v. Allan, 15 East.

332.

A justice should, in all cases, return a conviction to the sessions, whether the party appeal or not, or whether an appeal is or is not given, in order that the crown may not be deprived of its share of forfeitures.-R. v. Eaton, 2 T. R. 285.

By 4 & 5 V., c. 12, § 1. every justice of the peace before whom any trial or hearing shall be had, under any law now or hereafter to be in force, imposing any fines, forfeitures, penalties or damages upon the defendant or defendants in case of convictions, shall make a due return thereof in writing, under his hand, to the next general quarter sessions for the district in which such conviction shall take place, and of the receipt and application by him of the monies received from any such defendant or defendants; and in case such convictions shall have taken place before two or more justices, each justice joining in such conviction to make an immediate return thereof, as nearly as possible in the form set forth in the annexed schedule; and the justices to whom any such monies shall be afterwards paid shall make a return of the receipts and application thereof to the next general quarter sessions, to be filed by the clerk of the peace with the records of his office. § 2. In case any such justice shall neglect or refuse, or shall make a false, partial, or incorrect return, or shall wilfully receive a larger amount of fees than by law is authorised, then he shall forfeit and pay £20, with full costs of suit, to be recovered by any person in any court of record in Canada West; one moiety to be paid to the party suing, and the other to the Receiver General, for the use of the province. § 3. Penalties to be

sued for within six months after cause of action, and tried in the district where such penalties accrued; and in case of verdict for the defendant, or non-suit, or discontinuance, the defendant shall recover full costs. § 4. Clerk of the peace, within seven days after the general quarter sessions shall have first adjourned, to publish said returns in one public newspaper in the district, and fix up a schedule of such returns in the court house and conspicuous place in his office, and the same to continue fixed up until the end of the next general quarter sessions; and for every schedule so made and exhibited he shall be entitled to the fee of one pound, besides the expense of publicaton, in his accounts with the district. § 5. Clerk of the peace, within twenty days after the end of each quarter sessions, to transmit to the Inspector General a true copy of alr such returns within his district. § 6. Justices of he peace not exonerated from duly returning convictions to the general quarter sessions, as by law required. § 7. Act not to prevent any person aggrieved from prosecuting by indictment. § 8. Sheriff required to transmit quarterly, to the Inspector General. an account of fines, or be liable to the same penalty as justices, § 9. Act limited to Upper Canada.

SCHEDULE TO WHICH THIS ACT REFERS.

Return of Convictions made by me (or us, as the case may be) in the months of 18-.

If not paid, why not, and general observations if any..

CORONER.

A. B. Convicting Justice, C. or D. Convicting Justice. (as the case may be.)

The court of the coroner is a court of record, to enquire when any one dies in prison, or comes to a violent or sudde death, by what manner he came to his end, and this he is o ly entitled to do super visum corporis. (upon view of the bo ly).-4 Inst. 271; 2 Hale's P. C. 53. The coroner's duty being partly judicial, it cannot be executed by deputy.-Impey. O. . 473. By stat. 4 Ed. I., c. 2, called the statute de officio coronatoris which enacts, "that the coroner, upon information, shall go to the place where any be slain, or suddenly dead, or wounded,

Coroners Juy-important remarks fusor Croft - Su bloke I fou 19 Jime 1857

and shall forthwith command four of the next towns, or five, or six, to appear before him in such a place; and when they are come, the coroner upon the oath of them, shall enquire if they know where the person was first slain, whether it were inany house, field, &c., and who were there. Likewise it is to be enquired, who were culpable either of the act or of the force, and who present, and of what age they be, (if they can speak, and have discretion,) and as many as shall be found culpable by the inquest shall be committed to gaol; and such as shall be found there, and be not culpable, shall be attached until the coming of the justices, and their names shall be written in the rolls. If any man be slain suddenly, which is found in the fields, or in the woods, first it is to be seen whether he were slain in the same place or not, and if he were brought there they shall do as much as they can to follow their steps that brought him; it shall be enquired also, if the dead person were known, and where he lay the night before. And if any be found culpable of the murder, the coroners shall go to his house and enquire what goods he hath, and what corn he hath in his grange; and if he be a freeman, they shall enquire how much land he hath, and what it is worth yearly, and what crop he hath upon the ground. And they shall cause all the land, corn, and goods to be valued, and delivered to the townships, which shall be answerable before the justices; and likewise of his freehold, how much it is worth yearly, and the land shall remain in the King's hands until the lords of the fee have made fine for it. And these things being enquired, the body shall be buried."

1.

"In like manner it is to be enquired of them that be drowned, or suddenly slain, whether they were drowned, slain, or strangled, by the sign of the cord about their necks, or any other hurt found upon their bodies; and if he were not slain, then ought the coroner to attach the finder and all others in the company. A coroner also ought to enquire of treasure found, who were the finders, and who is suspected thereof; and that may be perceived where one liveth riotously, haunting taverns, and hath done so of long time, hereupon he may be attached for this suspicion by four, or six, or more pledges. Also all wounds ought to be viewed, the length, breadth and deepness, and with what weapons, and in what part of the body the wound is; and how many be culpable, and how many wounds there be, and who gave the wound: all which things must be enrolled in the roll of the coroners. Concerning horses, boats, carts, &c., whereby any are slain, they shall be delivered unto the towns, as before is said. If any be suspected of the death of a man, being in danger of life, he shall be taken and im

prisoned. In like manner hue-and-cry shall be levied on all murderers, burglars, and for men slain, or in peril of death; as is used in England, and all shall follow the hue and steps as near as can be; and he that doth not, and is convict, shall be attached to be afore justices of the gaol." § 2.

Of Sudden, Violent Deaths, which are all within the Coroner's Office to enquire, and Inquisitions.

Sudden, violent deaths, are of these kinds :-1. By the visi tation of God:-2. By misfortune, where no other had a hand in it; as if a man fall from a horse or cart: 3. By his own hand, as felo de se: 4. By the hand of another, where he is known, whether by murder, manslaughter, se defendendo, or per infortunium.-2 Hal. P. C. 62.

Coroners are not to obtrude themselves into private families, where there is no pretence for supposing that 'the deceased died otherwise than by a natural death.-11 East. 231.

1. The dying suddenly is not to be understood of a fever, apoplexy, or other visitation of God, for then the coroner might be sent for in every case.-Umfr. 208. If the inquisition find that he died by the visitation of God, there is no more to be done, only the inquisition, together with the examination, are to be returned to the next gaol delivery.

2. If the inquest find the death per infortunium simply, as a fall, &c., then the coroner is to take examination, and return the same, with the inquisition, to the next gaol delivery, and to enquire of the deodand and the value, and in whose hands, and to seize and deliver the same to the township, to be an swerable for the same to the King.—4 Ed. I.

3. If the inquest find a man felo de se, who is one that puts an end to his own existence, or commits any unlawful mali cious act, the consequence of which is his own death: as, if attempting to kill another, he runs upon his antagonist's sword; or shooting at another, the gun bursts and kills himself; they ought to find the special matter, and also what goods and chattels he had, of what value, and seize and deliver the same to the township, to be answerable to the King, or his almoner, or the lord of the franchise, to whom they belong, and shall bind over the first finder of the body to the next gaol delivery. 2 H. P. C. 62.1.

4. If the party be slain, and the felon is not known, they are to find their inquisition accordingly, and shall bind over the first finder of the body to the next gaol delivery, and return his examinations, together with his inquisitions.-2 H. P. C. 63.

5. But if the person was slain, and the party that did it was known, and the inquisition found him guilty of the death, or