The report may be delivered to a member of the Police Force, or to a rural Constable, for transmission to the Coroner. dence. The report so made shall be admissible as evidence at any To be eviinquiry, or inquest, and shall be primâ facie evidence of the facts therein stated. made by person charged with neglect. 17. Where any credible information is given to the Examination Coroner, or to any member of the Police Force authorized not to be to require a postmortem examination to be made of the dead body of any person, that the death of such person was caused partly, or entirely, by the improper, or negligent, treatment of any medical practitioner, or other person, such medical practitioner, or other person, shall not be allowed to perform or assist at the postmortem examination of the deceased. Burials. 18. Where it shall appear to the Coroner, on credible information, or otherwise, that no effectual inquisition can be taken in any case, he may, if he shall think fit, issue an order for the burial of the body. Order for burial when Order for inquest un burial where Where the death of any person is reported to, or first comes to the knowledge of the Coroner, as a death calling for investigation, the Coroner may make a preliminary necessary. investigation, and if he obtains credible information that the death arose from some cause rendering an inquest unnecessary, he may subject to the proviso herein contained issue an order for the burial of the body: Provided that no such order shall be made in the case of a death occurring in any prison, or place of confinement. An order under this section may be issued either before, or after, any examination of the body by a qualified medical practitioner. In every case where the Coroner issues an order for the burial of the body without holding an inquest, or inquiry, he shall report the facts to the Attorney-General, and the grounds for such order, and shall transmit all reports and documents in his possession connected with the matter. 19. Where an inquest, or inquiry, is to be held, and in Order before the opinion of the Coroner it is necessary for the public inquest. Order at inquest. Order for burial to whom addressed. May be ordered when necessary. When to be held. health so to do, the Coroner may order the body to be buried forthwith. Where from any cause the order of the Coroner cannot be promptly obtained, any Inspector, or Chief Officer of Police in any Presidency, or, if the order of any such Officer cannot be promptly obtained, then the member of the Police Force in charge of any station, may order the burial of the dead body. Every order of any Inspector, Chief Officer, or member of the Police Force, shall at once be reported to the Coroner. No order under this section shall be made until a postmortem examination of the body of the deceased has been duly made by a qualified medical practitioner. 20. In every case in which an inquest is held the Coroner shall as soon as possible after the view, if there be no postmortem examination, or as soon as convenient after the postmortem examination, if one has been directed to be held, issue his order authorizing the burial of the body. 21. Every order for the burial of a dead body may be addressed to a minister of the parish, in which the dead body is, or, if the dead body is in the district of the congregation to which the deceased belonged, then to the minister of that congregation. Exhumation. 22. Where the dead body of any person is buried without any examination, or without sufficient examination, it shall be lawful for any Coroner about to hold, or holding, an inquest, or inquiry, as to the death of such person to order such body to be exhumed. Inquests on Fires. 23. The Coroner shall inquire into the cause of all fires occurring in his district, on application made by the Attorney-General, or any other person, or where in the opinion of the Coroner the circumstances of the fire call for an inquiry. Treasure Trove. 24. The Coroner shall, on application by the Attorney- Inquiry as to. General, or information from any other person, who is in the opinion of the Coroner worthy of credit, go to the place where treasure is said to have been found, and inquire of the same, and as to who are the finders, and who are suspected thereof. When Inquest and when Inquiry to be Held. 25. Where a death calling for investigation is reported to, or comes to the knowledge of, the nearest Coroner, he shall subject to the provisions of Section 18 hold an inquest, except in the cases where he is authorized, or required, under the provisions of this (a) or any other Act, to hold an inquiry, and in such last-mentioned cases he shall hold an inquiry. sure Trove. 26. Where an investigation is held into any fire, or in the Fire or Treacase of treasure trove, the nearest Coroner shall hold an inquest, unless authorized by or under the provisions of this Act to hold an inquiry. 27. And whereas cases occur in which persons come to their deaths, or are reasonably supposed to be dead, but their bodies cannot be found: Be it enacted that in every such case a Coroner may, and, wherever required by the Attorney-General, shall, hold an inquiry into the circumstances connected with any such death or supposed death. 28. The Attorney-General may require any Coroner to hold an inquest on, or to hold an inquiry into, the cause of, and the circumstances connected with, the death of any person, and may so require any Coroner to hold such inquest, or inquiry, although an inquest, or inquiry, with respect to the same death, may have been already commenced, or held, or returned, and every Coroner, so required, shall have full power to, and shall, hold such inquest, or inquiry. Where the Attorney-General requires any Coroner to hold any inquest, or inquiry, and an inquest, or inquiry, with respect to the same death is in the course of being held, or has been held, by any other Coroner, all proceedings (a) See sections 27 and 28. Inquiry where body cannot be found. AttorneyGeneral may require inquest or inquiry to be held, Attorney also order further inquest, or inquiry. at, or founded on, such last-mentioned inquest, or inquiry, shall be stayed. The Attorney-General may also direct whether the body shall, or shall not, be exhumed, and the Coroner shall comply with such directions. 29. Where the proceedings at any inquest, or inquiry, General may have been closed by the Coroner, and it appears to the Attorney-General that further investigation is necessary, the Attorney-General may require such Coroner to re-open such inquest, or inquiry, and make further investigation, and thereupon the Coroner shall have all power to, and shall, re-open the inquest, or inquiry, and make further investigation, and thereafter proceed in the same manner as if the proceedings at such inquest, or inquiry, had not been closed by the Coroner: Police to collect evidence. List of Jurors Provided that the provisions of this section shall not apply to any inquest, or inquiry, at which any verdict, or finding, of murder, or manslaughter, has been returned against any person therein named. Procedure with respect to Inquests and Inquiries, Duties of 30. The Police Officer in charge of the district shall inquire into the case, and get together all persons, who appear to him at all likely to be able to give material evidence on the subject of the inquiry, and the police shall serve and execute all summonses, warrants, subpoenas, notices, and other processes, issued, or directed to be served, by any Coroner, and the said officer and the police shall carry out any directions of the Coroner in and about the matters aforesaid. 31. The officer, or constable, who has summoned the to be given to Jurors, shall deliver a list of the Jurors to the Coroner at Coroner. Place of inquest. the inquest. 32. Where it is practicable to do so, the place appointed for an inquest shall, in the case of an inquest on a dead body, be the place where the body may then be, unless the body has been buried, and in any other case, where the Coroner shall appoint. Jury. 33. Where an inquest is to be held, the Coroner shall Jury how forthwith give directions to the senior officer of the Police summoned. in the district, and all other constables, to summon five good and lawful men residing in the neighbourhood, of full age, to appear before him as Jurors, at such time, and place, as he may direct. The summons may be served personally, or by leaving the same with some person at the abode of the person summoned, or may be communicated by any member of the Police Force in any manner authorized by this Act. No person shall be summoned to serve as a Juror on any inquest in a case of the death of any person confined in any prison, lock up, or place of confinement of persons accused, or convicted, of offences, who is connected with the prison service, or the Police Force of the Colony. No person shall be summoned to serve as a Juror, at an inquest on a death arising in any Lunatic Asylum, or any other place of lawful detention, or on the death of any child in a public Nursery, who is connected with the management, or service, of such asylum, place, or nursery. Who may not serve on Jury. 34. The jury on a Coroner's inquest shall consist of not Number of more than five, and not less than three men, and the verdict Jurors. of the majority shall be considered, deemed, and taken as, the verdict of the whole, any law, or usage, to the contrary notwithstanding. 35. If a full jury cannot be obtained the Coroner may forth- Tales Jury. with summon so many good and lawful men then present, or in the neighbourhood, as may be sufficient to form a jury. Oath to be Jurors. taken by 36. So soon as the Coroner and Jurors at any inquest have assembled, the Coroner shall call upon one to serve as foreman, and shall administer to each of the Jurors, in any case, the oath in the Schedule II. (a) in that case provided. 37. On any inquest on any dead body the Coroner, or any Jury may view the body, but it shall not be necessary View of the at any inquest, or inquiry, for the Coroner or the Jury to body. view the body: Provided that where at any inquest it appears to the (a) See form 12, p. 229 in the Appendix. |