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3. Explanation of 17 & 18 Vict. c. 104, s. 31, as to powers of colonial governors.] Whereas doubts
Board with such information as the Board may
CAP. LXVI. have been expressed as to the extent of the powers An Act to amend the Law relating to the discharge the court before making an order under this section
require as to the position of the bankruptcy, and conferred by section thirty-one of the Merchant Shipping Act, 1854, on certain colonial authorities,
of Bankrupts and the closure of Bankruptcy shall consider any representation, which may be and it is expedient to remove those doubts : Be it
[16th September 1887. made by or on behalf of the Board of Trade with therefore enacted that the powers conferred by that
Be it enacted, &c. :
respect thereto. section on the governor, lieutenant-governor, or 1. Short title and construction.], (1.) This Act may under Acts prior to 1869 in the London district, oficial
4. In bankruptcies, insolvencies, or arrange ments other person administering the government in : be cited as the Bankruptcy (Discharge and Closure) | assignee may be appointed to supersede creditors asBritish possession shall include and be deemed Act, 1887. to have always included the following powers, (2.) Expressions used in this Act shall, unless a
signee.] (l ) In each of the following cases, that is namely :
contrary intention appears, have the same meaning (a ) Power to approve a port or place within the as in the Bankruptcy Act, 1883.
(a) Any insolvency under any Act for the relief possession for the registry of ships; and
of insolvent debtors; (6.) Power to appoint surveyors within the limits pealed Bankruptcy Acts.] (1.) A debtor who has
2. Proceedings for discharge of bankrupt under re. (6.) Any commission, fiat, or adjudication in of the possession to survey and measure
bankruptcy within the jurisdiction of the ships for registry or re-registry as British liquidated by arrangement under the Bankruptcy
been adjudged bankrupt, or whose affairs have been old London Bankruptcy Court, under any ships in accordance with the provisions of Act, 1869 [32 & 33 Vict. c. 71), or any previous
Act prior to the Bankruptcy Act, 1869 ; the Merchant Shipping Acts, 1854 to 1887.
(c.) Any administration by way of arrangement Bankruptcy Act, and who has not obtained his dis
pursuant to an Act of the session held in the 4. Public Record Acts to apply to records in custody charge, may apply to the court for an order of seventh and eighth years of the reign of Her of Registrar-General of Seamen.] All documents discharge, and thereupon the court shall appoint a
Majesty, chapter seventy, entitled ** An Act wbich, under section two hundred and seventy day, for hearing the application in open court.
for facilitating arrangements between Debtors geven of the Merchant Shipping Act, 1854, or any the day for hearing the application for discharge
(2.) Notice of the appointment by the court of and Creditors," or pursuant to the provisions enactment amending the same, are required to be
of the Bankrupt Law Consolidation Act, recorded and preserved by the Registrar.General of shall twenty-one days at least before the day 80 1849, or the hundred and ninety-second seoSeamen shall be deemed to be public records and appointed be sent by the debtor to each creditor
tion of the Bankruptcy Act, 1861, within the documents within the meaning of the Publlo who has proved in the bankruptcy or liquidation, jurisdiction of the old London Bankruptoy Record Office Acts, 1838 and 1877, and thogo or to those of them whoge addresses appear in the
Court; Acts shall, where applicable, apply to such docu. debtor's statement of affairs or are known to the in which the estate is now vested in a creditora ments in all respects as if such documents hud been debtor, and shall also, fourteen days at least before assignee, or trustee, or inspector, either alone or specifically referred to in the sald Acts.
the day so appointed, be published in the London jointly with the official assignee, the court may at Gazette.
any time after the paesing of this Act, upon the 5. Erplanation of meaning of lighthouses.] In the (3.) On the hearing of the application the court application of any creditor, and upon being satis. Merchant Shipping Act, 1854, and the Acts amend. may hear any creditor, and may put such questions fied that there is good ground for removing such ing the same, the expression “ lighthouges” shall, to the debtor and receive such evidence as the court creditors assignee, trustee, or inspector, or in any in addition to the meaning assigned to it by the thinks fit, and, on being satisfied that the notice other case in which it shall appear to the court just Merchant Shipping Act, 1854, include sirens and required by this section has been duly sent and or expedient, appoint the official assignee, or any all other descriptions of fog signals, and the ex- published, may either grant or refuse the order of person appointed under the one hundred and fifty pression "new lighthouse " shall include the addi. discharge or suspend the operation of the order for third section of the Bankruptcy Act, 1883 [46 & 47 tion to any existing lighthouse of any improved a specified time, or grant the order of discharge Vict. c. 52), to perform the remaining duties of the light, or any siren, or any description of fog signal. subject to any conditions with respect to any earn- office of official assignee, to be sole assignee, or
ings or income which may afterwards become due trustee, or inspector of the estate in the place of 6. Repeal.] The enactments mentioned in the to the debtor, or with respect to his after-acquired such creditors assignee, trustee, or inspector, as Schedule to this Act are hereby repealed to the property : Provided that the court shall refuse the the case may be. extent appearing in the third column of that discharge in all cases where the court is satisfied by (2.) Such appointment shall operate as a removal Schedule :
evidence that the debtor has committed any mis. of the creditors assignee, trustee, or inspector of Provided that the repeal of any enactment by demeanor under Part Two of the Debtors Act, the estate, and shall vest the whole of the property this Act shall not affect the validity of anything 1869 (32 & 33 Vict. c. 62], or any amendment of the bankrapt or debtor in the official assignee or done, or any right acquired or liability incurred, thereof.
person appointed by the Board of Trade as afore. before the commencement of this Act under the (4.) The court may, as one of the conditions said alone; and all estate, rights, powers, and repealed enactment, and that proceedings for en referred to in this section, require the debtor to duties of such former creditors assignee, trustee, or forcing, any such right or llabillty may be com consent to judgment being entered against him in inspector shall thereupon vest in and devolve upon menced, continued, and completed as if this Act the court having jurisdiction in the bankruptcy or the official assignee or person appointed by the had not passed.
liquidation by the official receiver of the court, or Board of Trade as aforesaid alone.
the trustee or assignee in the bankruptcy or liqui.
5. Provision to release trusice.] An application by REPEAL,
the bankruptcy or liquidation which is not satisfied a trustee in a bankruptcy under the Bankruptcy at the date of the discharge, or for such sum as the Act, 1869, to the comptroller in bankruptcy for a
court shall think fit, but in such case execation report on his accounts with a view to his release Session and Chapter.
Extent of Repeal.
shall not be issued on the judgment without the shall not be entertained unless made within twelve
6. Efect of release.] (1) Where on the close of a acquired property or income available for payment bankruptcy or liquidation, or on the release of a 14 & 15 Vict. The Seamen's Section forty of his debts. 0, 102,
trustee, a registrar or official receiver or official Fund Wiod. eight.
(5.) A discharge granted under this section shall assignee is or is acting as trustee, and where under ing-up Act, have the same effect as if it had been granted in
section one hundred and fifty.nine, section one 1851. 43 & 44 Vict. The Merchant Section four,
pursuance of the Act under which the debtor was hundred and sixty, or section one hundred and
adjudged bankrupt or llquidated his affairs by sixty-one of the Bankruptcy Act, 1883, an officlal c. 22, Shipping arrangement,
receiver is or is actiog as trustee, no liability shall (Fees and Ex. penses) Act,
3. Proceedings for closing bankruptcies under Bank- attach to him personally lo respect of any act done 1880.
ruptcy Act, 1869.] (1.) Every bankruptcy under or default made or liability incurred by any prior
hundred and eighty-seven shall, by virtue of this 1883' (which section relates to the release of a CAP. LXIII.
Act, be closed on that day unless the court trustee), sball, with the exception of cub-section An Act to continue various expiring Laws. otherwise orders.
four thereof, apply to an official receiver or official [16th September 1887. (2.) Subject to the provisions of this section, the assignee when he iş or is acting as trustee, and
court may, on the application of the trustee under when an official receiver or official assignee has been any such bankruptcy, and on being satisfied that released under that section he shall continue to act
as trustee for any subsequent purposes of the CAP. LXIV.
there are special circumstances rendering it expe administration of the debtor's estate, but no liability An Act to facilitate the Establishment of Technical dient to postpone the close of the bankruptcy, make shall attach to him personally by reason of bis so Schools in Scotland. [16th September 1887. until such date as the coart may from time to continuing in respect of any act done, default made,
or liability incurred before his release.
(3) The order may be made either before or 7. Disposal of old books and papers.] All books An Act to facilitate the construction of Tramways section bahasa indo ho entertained unless made before official assignee, or of the Acting Comptroller in by Her Majesty's Principal Secretary of State the said day,
Bankruptcy, and relatiog to any bankruptcy under for the War Department, and for other pur
(4.) The trustee shall, before making an applica- the Bankruptcy Act, 1869, may, on the expiration poses connected therewith.
tion under this section, give notice to the Board of of one year after the close of the bankruptcy, be [16th September 1887. Trade of his Intention to do so, and shall supply the disposed of in accordance with rales made under
(3.) In a borough which has not a separate court
34 section one of the Public Records Office Act, 1877 every year during which he shall so attend ; but if such sessions, twelve of them fail to agree on a [40 & 41 Vict. c. 55), and that section shall apply there shall at any time be two such persons, they verdlot, the jury may be discharged by such judge accordingly.
shall severally be entitled to the sums provided in or commissioner without giving a verdict.
the gald section. 8. Power to make rules and prescribe fees.] (1.)
5. Proceedings upon inquisition charging person
5. Amendment of 39 & 40 Vict. c. 59, s. 25.]. The with murder or manslaughter.] (1.) Where a General rules for carrying into effect the objects of this Act may from time to time be made, revoked, expression" high judicial office” as defined in the coroner's inquisition charges a person with the or altered by the same authority and subject to the twenty-fifth section of the Appellate Jurisdiction offence of murder or of manslaughter, or of being same provisions as general rules for carrying into Act, 1876, shall be deemed to include the office of a accessory before the fact to a murder (which latter
Lord of Appeal in Ordinary and the office of a offence is in this Act included in the expression effect the objects of the Bankruptcy Act, 1883.
(2.) There shall be paid in respect of proceedings member of the Judicial Committee of the Privy "murder,") the coroner shall issue his warrant for under this Act such fees as the Lord Chancellor Council.
arresting or detalning such person (if such warrant may, with the sanction of the Treasury, from time
6. Shot title.] This Aot may be cited as the has not previously been issued) and shall bind by to time prescribe, and the Treasury may direct by Appellate Jurisdiction Act, 1887.
recogoizance all such perscos examined before him whom and in what manner the same are to be
as know or declare anything material touching the collected and accounted for, and to what account
said offence to appear at the next court of oyer and
CAP. LXXI. they are to be paid.
terminer or gaol delivery at which the trial is to be, An Act to consolidate the Law relating to then and there to prosecute or give evidence against CAP. LXVII.
(2.) Where the offence is manslaughter, the An Act to amend the Superannuation Acts, 1834
Be it enacted, &c. :
coronor may, if he thinks fit, accept bail by and 1859; and for other purposes.
recogoizence with sufficient sureties for the appear. (16th September 1887.
ance of the person charged at the next court of oyer 1. Short title.] This Act may be cited as the and terminer or gaol delivery at which the trial is Coroners Act, 1887.
to be, and thereupon such person if in the custody CAP. LXVIII.
of an officer of the coroner's court or under a An Act to explain section twenty-six of the Scotland or Ireland.
2. Extent of Act.] This Act shall not apply to
warrant of commitment issued by such coroner Pluralities Act, 1838. [16th September 1887.
shall be discharged therefrom. PART I.
(3) The coroner shall deliver the inquisition,
deposition, and recognizancos, with a certificate
LAW OF CORONERS.
under bis hand that the same have been taken An Act to amend the Conveyancing (Scotland)
before him, to the proper officer of the court in Act, 1874, and the Conveyancing (Scotland) 3. Summoning and swearing of jury by coroner.]
which the trial is to be, before or at the opening of
the court. Act (1874) Amendment Act, 1879.
(1.) Where a coroner is informed that the dead [16th September 1887. body of a person is lying within his jurisdiction, 6. Ordering of coroner to hold inquest.] (1.) Where
and there is reasonable cause to suspect that such Her Majesty's High Court of Justice, upon applicaCAP. LXX.
person has died either a violent or an unnatural tion made by or under the authority of the Attorney An Act to amend the Appellate Jurisdiction Act, cause is unknown, or that such person has died in death, or has died a sudden death of which the General, is satisfied either
(a.) that a coroner refuses or neglects to hold an 1876,
[16th September 1887. prison, or in such place or under such circumstances inquest which ought to be held ; or Whereas it is expedient to amend the Appellate as to require an ioquest in pursuance of any Act, (6) where an inquest has been held by a coroner Jurisdiction Act, 1876 [39 & 40 Vict, c, 59] :
whether the cause of death arose that by reason of fraud, rejection of evidence,
within his jarisdiction or not, shall, as soon as Be it therefore enacted, &c. :
irregularity of proceedings, ingufficiency of practicable, issue his warrant for summoning not inquiry, or otherwise, it is necessary or 1. Lord of Appeal may take his seat during pro- less than twelve por more than twenty-three good desirable, in the interests of justice, that rogation.] Whereas it is expedient that any Lord and lawful men to appear before him at a specified another inquest should be held, of Appeal, as defined by the Appellate Jurisdiction time and place, there to inquire as jurors touching the court may order an inquest to be held touching Act, 1876, notwithstanding that he may not be & the death of such person as aforesaid.
the said death, and may, if the court think it just, Lord of Appeal in Ordinary within the meaning of (2.) Where an inquest is held on the body of a order the said coroner to pay such costs of and that Act, should be empowered to take his seat and prisoner who dles within a prison, an officer of the incidental to the application as to the court may the oaths at the sittings of the House of Lords for prison or a prisoner thereia or a person engaged in seem just, and where an inquest has been already hearing and determining appeals during the pro- any sort of trade or dealing with the prison shall held may quash the inquisition on that inquest. rogation of Parliament: Be it enacted that, not. not be a juror on such inquest.
(2.) The court may order that such loquest shall withstanding anything in the eighth section of the (3.) When not less than twelve jurors are assem
be held either by the said coroner, or if the said sald Act contained, every 'Lord of Appeal shall be bled they shall be sworn by or before the coroner coroner is a coroner for a county, by any other empowered to take his seat and the oaths at any diligently to inquire touching the death of the coroner for the county, or if he is a coroner of a sach sitting of the House of Lords during proroga. person on whose body the inquest is about to be borough or for a franchise then by a coroner for tion,
held, and a true verdict to give according to the the county in which such borough or franchise is 2. Retired Lord of Appeal in Ordinary may sit in evidence.
situate, or for a county to which it adjoins, and the House of Lords.) The sixth section of the Appellate 4. Proceedings at inquest-evidence and inquisition.] purpose have the same powers and jurisdiction as,
coroner ordered to hold the inquest shall for that Jurisdiction Act, 1876, shall be construed and take .(1.) The coroner and jury shall, at the first sitting and be deemed to be, the said coroner. effect, as well in respect of any Lord of Appeal in of the inquest, view the body, and the coroner shall Ordinary heretofore appointed under that Act, as
(3.) Upon any such inquest, if the case be one of examine on oath touching the death all persons who death, it shall not be necessary, unless the court of any such Lord hereafter appointed, so as to tender their evidence respecting the facts and all otherwise order, to view the body, but save as afore; entitle any person so appointed to sit and vote as a persons having knowledge of the facts whom he sald the inquest shall be held in like manner in all member of the House of Lords during his life as thinks it expedient to examine. fully as if the words “during the time that he (2.) It shall be the duty of the coroner in a
respects as any other inquest under this Act. continues in his office as a Lord of Appeal in
(4.) Any power vested by this section in Her Ordinary, and no longer” had been omitted from the statement on oath of those who know the facts Majesty's High Court of Justice may, subject to
and circumstances of the case, or so much of such Supreme Court of Judicature Act, 1875 (38m & B 3. Amendment of 3 & 4 Will. 4, ©: 41.] The shall be signed by the witness and also by the exercised by any judge of that court. Judicial Committee of the Privy Council as formed
Vict. c. 77], and the Acts amending the same, be under the provisions of the first section of the Act
ooroner, of the third and fourth William the Fourth, chapter evidence the jargo Shahe glue their verdict, and only within whose jurisdiction the body o holenders in
7. Local jurisdiction of coroner.] (1.) The coroner tration of Justice in His Majesty's Privy Council," certeht, sotiab as such particnlais have been proved hy in shall hold the inquest, and where a body i Council as are for the time being holding or have to them, who the deceased was, and how, when, found dead in the sea, or any creek, river, or navi: held any of the offices in the Appellate Jurisdiction and where the deceased came by his death, and it gable canal within the flowing of the sea where Act, 1876, and this Act, described as high judicial he came by his death by murder or manslaughter, there is no deputy coroner for the jurisdiction of offices. 4. Remuneration in Judicial Committee.]
been guilty of such murder or manslaughter, or of only by the coroner having jurisdiction in the place
Any being accessories before the fact to such murder. of the act of the third and fourth William the ticulara for the time being required by the Registrarse taiona, no coroner, save as is otherwise provided
where the body is first brought to land.
(2.) In a borough with a separate court of quarter Fourth, chapter forty.one, attend the sittings of tion Acts to be registered concerning the death. the Judicial Committee of the Privy Council, shall be deemed to be included as a member of the said agree on a verdict, the coroner may adjourn the
(5.) In case twelve at least of the jury do not office of coroner, except the coroner of the boroughly Committee for all purposes, and shall, if there be inquest to the next sessions of oyer and terminer or of the Admiralty of England.
or a coroner or deputy coroner for the jurisdiction only one such person, be entitled to receive the gaol delivery held for the county or place in which
which a deputy coroner is authorised to hold or do this Act or in such other forms as the Lord the deputy coroner shall be deemed to be the coroner whose deputy he is, and have the same
Chancellor from time to time prescribes, and
shall give notice of the recogaizince to every jurisdiction and powers, and be subject to the same obligations, liabilities, and disqualifications as
person bound thereby.
(5.) A person charged by an inquisition with that coroner, and he shall generally be subject to the provisions of this Act and to the law relating
murder or manslaughter shall be entitled to
have from the person having for the time to coroners, in like manner as that coroner.
being the custody of the inquisition or of the 14. Proceedings for election of county coroner.] (1.)
depositions of the witnesses at the inquest, The sheriff, in accordance with the rales contained
copies thereof on payment of a reasonable in the First Schedule to this Act, shall hold a
sum for the same, not exceeding the rate of court for the election of a coroner for a county, and
three halfpence for every folio of ninets in case of a poll being demanded, adjourn the
words. court and take a poll, and for that purpose may
(6) A coroner, upon holding an inquest upon appoint such officers and erect such booths as are
any body, may, if he thinks fit after view of authorised by the said rules, and the said rules
the body, by order under his hand, author, shall be duly observed.
ize the body to be buried before verdict and (2.) Any such poll shall be taken at the place at
before registry of the death, and shall which the court for the election is held, and at such
deliver such order to the relative or other other places as are for the time being appointed by
person to whom the same is required by the the local authority of the county.
Registration Acts to be delivered; but, er(3.) All reasonable costs, charges, and expenses
cept upon holding an inquest, no order, which the sheriff or his deputy expends or is liable
warrant, or other document for the burial to in and about the providing of poll-books, booths,
of a body shall be given by the coroner. and clerks (such clerks to be paid not more than 19. Attendance of witnesses and jurors.] (1.) one guinea each) for the purpose of taking the poll Where a person duly summoned as a juror at an at any such election shall be paid by the several inquest does not, after being openly called three candidates at such election in equal proportions. times, appear to such summons, or appearing,
(4.) Any person who wilfully and faleoly takes refuses without reasonable excuse to serve as a any oath or affirmation appointed by the roles in juror, the coroner may impose on such person a the schedule to this Act to be taken shall be guilty fine not exceeding five pounds. of perjury.
(2.) Where a person duly summoned to give 15. Payment of coroners when they act for sheriffs.] called three times, appear to such summons, or
evidence at an inquest does not, after being openly Where any writ, process, or extent whatsoever is directed to and executed by a coroner for a county appearing, refuses without lawful excuse to answer in the place of a sheriff, the coroner shall, in addition
a question put to him, the coroner may impose on to any salary to which he is entitled, receive the
such person a fine not exceeding forty shillings. same poundage fees or other compensation or
(3.) Any power by this Act vested in a coroner reward for executing the writ, process, or extent,
of imposing a fine on a juror or witness, shall be
deemed to be in addition to and not in derogation and have the same right to retain, and all other remedies for the recovery of the fees, compensation,
of any power the coroner may possess independor reward as the sheriff would have been entitled ently of this Act, for compelling any person to to and had in whose place such coroner was sub
appear and give evidence before him on any instituted; and if the fees or compensation payable quest, or other proceeding, or for punishing any to the sheriffs are at any time after the passing of
person for contempt of court in not so appearing this Act increased by Act of Parliament or other
and giving evidence with this qualification, that a wise, the coroner shall be entitled to such increased person shall not be fined by the coroner under this fees or compensation.
Act, and also be punished under the power of a
coroner independently of this Act. 16. Fees on recognizances.] Where a ooroner admits (4.) Where a coroner imposes a fine upon a a person charged with manslaughter to bail, he person, he shall sign a certificate describing shall be entitled to the like fee as a clerk to a jus. such person and stating the amount of the tice of the peace is entitled to on the admission to fine imposed and the cause of the fine, and shall bail of a person so charged.
send such certificate to the clerk of the peace for 17. Prohibition on coroner taking fee.] Save as is
the county or place in which such person resides authorised by this or any other Act, a coroner shall
on or before the first day of the quarter sessions not take any fee or remuneration in respect of any.
then next ensuing, and shall, twenty-four hours at thing done by him in the execution of his office.
the least before that day, cause a copy of such certificate to be served upon the person fined by
leaving it at his residence, and the clerk of the PART II.
peace shall copy every finé so certified on the roll SUPPLEMENTAL.
on which fines and forfeitures imposed at the said
quarter sessions are copied, and the same shall be Procedure.
estreated, levied, and applied in like manner and
the 18. Enactments with respect to procedure at inquests ] subject to like powers, provisions, and The following enactments shall be made with respect penalties in all respects as if such fine had been to procedure at coroner's inquests :
part of the fines imposed at the said quarter
sessions. (1.) The inquisition shall be under the hands. and in the case of murder or manslaughter
(5.) Where a recognizance is forfeited at an also under the seals, of the jurors who concur
inquest held before a coroner, the coroner shall in the verdict, and of the coroner :
proceed in like manner under this section as if he (2.) An inquisition need not, except in the cage
had imposed a fine under this section upon the of murder or manslaughter, be on parobment, person forfeiting that recognizance, and the proand may be written or printed, or partly visions of this section shall apply acoordingly. written and partly printed, and may be in 20. Inquisition to be amended and not quashed for the form contained in the Second Schedule to defects.] (1.) If in the opinion of the court having this Act, or to the like effect or in such cognizance of the case an inquisition finds sufici. other form as the Lord Chancellor from time ently the matters required to be found thereby, to time prescribes, or to the like effect, and and where it charges a person with murder or the statements therein may be made in con. manslaughter sufficiently designates that person clse and ordinary language.
and the offence charged, the inquisition shall not (3.) The coroner after the termination of an in be quashed for any defects, and the court may
quest on any death shall send to the regis- order the proper officer of the court to amend any trar of deaths whose duty it is by law to defect in the inquisition, anà any variance register the death such certificate of the occurring between the inquisition and the evidence finding of the jury and within such time as offered in proof thereof, if the court are of opinion is required by the Registration Acte.
that such defect or variance is not material to the (4.) The coroner shall cause recognizances taken merits of the case, and that the defendant or per
before him from a person charged by an in. son traversing the inquisition cannot be prejudiced quisition with manslaughter to be taken, so by the amendment in his defence or traverse on far as circumstances admit, in one of the the merits, and the court may order the amendforms contained in the Second Schedule to ment on such terms as to postponing the trial to
the court may respite any of the recognizances / attend.] Where a medical practitioner fails to obey to summon the same by the warrant of the said ceive such remuneration as follow8; that is to say, whatever, and shall be allowed the same on passins muneration to which a franchise coroner who is
, 1897.al.] be had before the same or another jury as to the thereof, whether the same be supported by of any of the Queen's palaces or within the limits court may seem reasonable, and after the amend. endowments or by voluntary subscriptions, of any other house where Her Majesty is then ment the trial shall proceed in like manner, and the medical officer, whose duty it may have demurrant and abiding in her own royal person, the inquisition, verdict, and judgment, shall ba of been to attend the deceased person as a notwithstanding the subsequent removal of Her the same effect, and the record shall be drawn up medical officer of such institution as afore. Majesty from such palace or house. in the same form, in all respects, as if the inquisi. said, shall not be entitled to such fee or (3.) The jurors on an inquest held by the coroner tion had originally been in the form in which it remuneration.
of the Queen's household shall consist of officers stands when so amended.
23. Penalty on medical practitioner for neglecting to
of the Queen's household, to be returned by such (2) For the purpose of any such amendment,
officer of the Queen's household as may be directed a summons of a coroner issued in pursuance of taken before the coroner, and the persons bound
coroner. by such recognizances shall be bound without this Act, he shall, unless he shows a good and sufficient cause for not having obeyed the same, be
(4.) The limits of the said palace or house shall entering into any fresh recognizances to appear
be deemed to extend to any courts, gardens, or liable on summary conviction on the prosecution of and prosecute, give evidence, or be tried at the
other places within the curtilage of such palace or Sime and place to which the trial is postponed, as
the coroner or of any two of the jury, to a fine not
house but not further, and where a body is lying if they were originally bound by their recogniz 24. Removal of body for post-mortem examination.] of the Queen's household shall not have jurisdic
dead in any place beyond those limits, the coroner ices to appear and prosecute, give evidence, or be
Where a place has been provided by a sanitary tion to hold an inquest on such body, and the rried at that time and place.
authority or nuisance authority for the reception coroner of the county or borough shall have juris.
of dead bodies during the time required to conduct diction to hold that inquest in the same manner as Medical Witnesses and Post-mortem Examinations. a post-mortem examination, the coroner may order
if that place were not within the verge. 21. Power of coroner to summon medical wilnesses the removal of a dead body to and from such and to direct performance of post-mortem examination.] place for carrying out such examination, and the murder or manslaughter, the coroner of the
(5.) Where the inquisition charges a person with '1.) Where it appears to the coroner that the de
eased was attended at his death or during his last the expenses incurred in and about the holding of Queen's household shall deliver the inquisition, illness by any legally qualified medical prac. an inquest.
depositions, and recognizances to the Lord
Steward of the Queen's household, or in his titioner, the coroner may summon such practitioner as a witness ; but if it appears to the coroner that
Expenses and Returns of Inquests.
absence, to the treasurer and comptroller of the the deceased person was not attended at his death 25. Schedule of fees and disbursements payable on
Queen's household, and the recognizances shall be or during his last illness by any legally qualified holding inquest.] The local authority for a county them before the said Lord Steward, or in his
taken for the appearance of the persons bound by medical practitioner, the coroner may summon any legally qualified medical practitioner who is made may alter and vary a schedule of fees, absence before the said treasurer and comptroller. at the time in actual practice in or near the place allowances, and disbursements which the
(6.) All other inquisitions, depositions, and where the death happened, and any such medical holding of an inquest may lawfully be paid and recognizances, shall be delivered to the Lord witness as is summoned in pursuance of this sec- made by the coroner holding such inquest (other Steward of the Queen's household to be filed
the records of his office. tion may be asked to give evidence as to how, in than the fees payable to medical witnesses in his opinion, the deceased came to his death. pursuance of this Act), and the local authority make his declaration of office before the Lord
(7.) The coroner of the Queen's household shall (2.) The coroner may, either in his summons for shall cause a copy of every such schedule the attendance of such medical witness or at any to be deposited with the clerk of the peace of the Stoward of the Queen's household, and shall retime between the issuing of that summons and the county or with the town clerk of the borough, and
side in one of the Queen's palaces, or in such other end of the inquest, direct such medical witness to one other copy thereof to be delivered to every allowed by the Lord Steward of the Queen's house
convenient place as may from time to time be make a post-mortem examination of the body of coroner concerned
hold. the deceased, with or without an analysis of the 26. Payment of expenses by coroner.] A coroner contents of the stomach or intestines. holding an inquest shall immediately after the
(8.) Save as is in this section specially provided, Provided that where a person states upon oath termination of the proceedings pay the fees of
the coroner of the Queen's household shall within before the coroner that in his belief the death of every medical witness not exceeding the fees fixed
the said limits have the same jurisdiction and the deceased was caused partly or entirely by the by this Act, and all expenses reasonably incurred powers, be subject to the same obligations, liaimproper or negligent treatment of a medical in and about the holding thereof, not exceeding bilities, and disqualifications, and generally to the practitioner or other person, such medical prac. the sums set forth in the schedule of fees for the provisions of this Act and to the law relating to titioner or other person shall not be allowed to time being in force under this Act, and the sums
coroners in like manner as any other franchise perform or assist at the post-mortem examination so paid shall be repaid to the coroner in manner of the deceased. provided by this Act.
(9.) The Lord Steward of the Queen's household (3.) If a majority of the jury sitting at an in
or the treasurer and comptroller of the Queen's
27. Coroners to lay their accounts before the local household shall not have any jurisdiction to inquest are of opinion that the cause of death has authority.) (1) Every coroner shall, within four quire of, try, hear, or determine, any offence comnot been satisfactorily explained by the evidence of the medical practitioner or other witnesses
months after holding an inquest, cause a full and mitted beyond the limits aforesaid, or to array,
true account of all sums paid by him under this try, or give judgment upon any person charged by brought before them, they may require the coroner in writing to summon as a witness some other county or borough by whom the sums are to be place beyond the limits aforesaid, and every such
Act to be laid before the local authority of the any inquisition found before a coroner for any legally qualified medical practitioner named by reimbursed to him. them, and further to direct a post - mortem
offence shall be inquired of, tried, heard, and de
(2.) Every account shall be accompanied by such termined, and every such person shall be arraigned, examination of the deceased, with or without an analysis of the contents of the stomach or in- local authority seem reasonable, and the local vary course of law.
vouchers as under the circumstances may to the tried, and have judgment according to the orditestines, to be made by such last-mentioned prac. authority may, if they think fit, examine the said titioner, and that whether such examination has been previously made or not, and the coroner shall satisfied of the correctness thereof, the local coroner on oath as to the account, and on being
Franchise Coroners. comply with such requisition, and in default shall authority shall order their treasurer to pay to the
30. Saving for remuneration of franchise coroners.] be guilty of a misdemeanor.
coroner the sum due to him on such account, with (1.) Where a franchise coroner is, at the passing 22: Fees to medical witnesses.] A legally qualified the addition, in the case of a coroner of a borough, of this Act, paid a salary out of the local rate, the medical practitioner who has attended at a of six shillings and eight pence for each inquest; provisions of this Act with respect to the expenses coroner's inquest in obedience to a summons of and the treasurer shall pay the same out of the of inquests, shall apply as if such coroner were a under this Act shall be entitled to relocal rate, without any abatement or deduction coroner for a county:
(2.) Nothing in this Act shall affect the re(a.) For attending to give evidence at any in.
his accounts. quest whereat no post-mortem examination 28. Coroners to make yearly returns to Secretary of the local rate is entitled at the passing of this Act,
not at the passing of this Act paid a salary out of has been made by such practitioner, one State.] Every coroner of a borough shall on or and every such coroner shall continue to be en: guinea; and
before the first day of February in every year titled to receive the same fees, allowances, and (6.) For making a post-mortem examination of make and transmit to a Secretary of State a the body of the deceased, with or without return in writing, in such form and containing this Act had not passed.
remuneration as he would have been entitled to if an analysis of the contents of the stomach such particulars as the Secretary of State from time or intestines, and for attending to give evi to time directs, of all cases in which an inquest has which a franchise coroner is appointed, or is,
(3.) Nothing in this Act shall affect the mode in dence thereon, two guineas :
been held by him, or by some person in lieu of him, otherwise than is provided by this Act, removed. Provided that
during the year ending on the thirty-first day of (1.) Any fee or remuneration shall not be paid December immediately preceding.
(4.) Subject as aforesaid, the provisions of this to a medical practitioner for the perform
Act shall apply to a franchise coroner, except those ance of a post-morten examination insti
Coroner of the Queen's Household.
provisions in which a coroner for a county or a tuted without the previous direction of the 29. Appointment and jurisdiction of the coroner of
coroner of a borough is expressly named. the Queen's Household.] (1.) The coroner of Her
31. Provisions as to expenses of inquests to extend to (2.) Where an inquest is held on the body of a Majesty the Queen's household shall continue to city of London.] The provisions of this Act with
person who has died in a county or other be appointed by the Lord Steward for the time respect to the expenses of inquests shall apply to lunatic asylum, or in a public hospital, being of the Queen's household.
the city of London and the borough of Southwark. infirmary, or other medical institution, or
(2.) The coroner of the Queen's household shall in a building or place belonging thereto, or
32. Payment of travelling expenses of coroner in used for the reception of the patients I on persons whose bodies are lying within the limits a coroner appointed and acting for the jurisdiction
have exclusive juriediction in respect of inquests cinque Ports where inquisition is not taken.] Where
50 & 51 VICT. CAP. LXXI. the Cinque Ports who is not paid a salary out of Chancellor and council of the Duchy of local rate in lieu of allowances deems it un
the registration of deaths, inclusive of any
Lancaster. essary to hold and declines to hold an inquest,
enactment amending the same. I shows to the justices in general or quarter
40. Provisions as to detached parts of counties. ] sions assembled that he had nevertheless been (1.) For the purpose of holding coroners inquests
Temporary Provisions and Repeal. pelled in the discharge of his office to travel every detached part of a county shall be deemed 43. Saving as to coroners' salaries and districts.] n his usual place of abode for the purpose of
to be within the county by which it is wholly Nothing in this Act shall affect the law respecting ing that inquest, such justices may order the surrounded, or where it is partly surrounded by the salaries of coroners for counties, or the division ment to that coroner of the same allowances which it has the longest common boundary.
two or more counties within the county with of a county into coroners' districts, or the rights travelling as might be allowed in any other
and duties of coroners as respects such districts. (2.) The treasurer of every county shall keep an 44. Abolition of certain jurisdictions of the coroners.] Savings and Miscellaneous.
account of all expenses occasioned to such county A coroner shall not take pleas of the Crown nor 1. Saving as to borough coroners.] Nothing in detached part of any other county, and shall felonies except felonies on inquisitions of death ;
by an inquest io or in respect to any such hold inquests of royal fish nor of wreck nor of Act shall affect the application to coroners twice in every year, send a copy of such account and he shall not inquire of the goods of such as
borough of the provisions of the Municipal to the treasurer of the other county to which such by the inquest are found guilty of murder or man, vorations Act, 1882 [45 & 46 Vict. c. 50], with detached part belongs, and the last-mentioned slaughter, nor ect to the appointment, qualification, tenure of treasurer shall, out of the moneys in his hand as delivered to the township.
cause them to be valued and , and payment of a coroner of a borough, and such treasurer, pay to the treasurer sending the appointment of a deputy by such coroner. account the sum appearing thereby to be due, in the Third Schedule to this Act are hereby re
45. Repeal of Acts in schedule.] The Acts specified Saving clause as to official coroners.] Nothing together with all reasonable charges for making pealed, from and after the passing of this Act, to his Act shall prejudice the jurisdiction of and sending the account. e exercising the jurisdiction of a coroner by (3.) Any difference which may arise concerning schedule.
the extent specified in the third column of that e of his office, and such judge may, not
the said account, if not adjusted by agreement, Provided thatstanding the passing of this Act, exercise shall be determined by an arbitrator, who shall be jurisdiction, statutable or otherwise, previously a barrister-at-law nominated on the application of
(1.) A coroner elected before the passing of iseable by him, in the same manner as if this either party by one of the justices of assize of the
this Act, shall continue to hold office in like had not passed. last preceding circuit or of the next succeeding
manner as if he had been elected under this Saving of jurisdiction as to removal of coroner, circuit. Such arbitrator may adjourn the hearing
Act, and herwise in relation to a coroner.] Nothing in tion from from time to time, and require all such informa
(2.) Any schedules of fees, allowances, and disAct shall prejudice the jurisdiction of the necessary, and his award shall be final. He shall
either party as appears to him
bursements made by a local authority for a
county or borough before the passing of this Chancellor or the High Court of Justice in also assess the costs of the arbitration and direct
Act shall, until å schedule is made in puron to removing a coroner otherwise than in by whom and out of what fund the same shall be
suance of this Act, be of the same effect as er provided by this Act, or in any manner
if the schedule had been made in pursuance dice or affect the jurisdiction of the High paid.
of this Act, and of Justice or of any judge thereof in rela
41. Definition of " local authority" and "local (3.) This repeal shall not affectoor over a coroner or his duties. rate.] For the purposes of this Act,
(a.) The past operation of any enactment Inquest on treasure trove.] A coroner shall (a.) The local authority of a county shall be the
hereby repealed, nor anything duly done que as heretofore to have jurisdiction to court of quarter sessions of the county ;
or suffered under any enactment hereby and e of treasure that is found, who were the
repealed; or s, and who is suspected thereof, and the pro
(5.) The local authority of a borough shall be (6.) Apy right, privilege, obligation, or lia3 of this Act shall, so far as is consistent with the mayor, aldermen, and burgesses of the
bility acquired, accrued, or incurred nor thereof, apply to every such inquest. borough acting by the council; and
under any enactment hereby repealed ; (c.) The local rate shall be, in the case of a Effect of Schedules.] The Schedules to this county, the county rate, or rate in the (c.) Any penalty, forfeiture, or punishment inall be construed and have effect as part of nature of a county rate, and, in the case of
curred in respect of any offence com.ct, and the forms given in any of those a borough, the borough fund or borough
mitted against any enactment hereby iles, or such other forms as the Lord Chanrate; and
repealed ; or from time to time directs, may be used in (d.) In Lincolnshire and Yorkshire respectively (d.) Any inquest on any death which occurred tters to which they apply, and when so used the justices in gaol sessions shall be the
before the commencement of this Act or e sufficient in law. local authority, and the clerk to such jus
an inquisition found thereon, or any tices shall act as clerk of the peace, and the
investigation, legal proceeding, Definitions. rate in the nature of a county rate levied by
remedy in respect of any such right, Tonstruction of Act with respect to counties.] In those sessions shall be the local rate.
privilege, obligation, liability, penalty, t the expression “county," unless there is ing inconsistent in the context, does not in42. Definitions.] In this Act, if not inconsistent
forfeiture, or punishment as aforesaid;
and any such inquest, investigation, county of a city or a county of a town, but with the context, the following terms and ex8 any division or liberty of pressions have the meanings herein-after respec
legal proceeding, and remedy, and the county which
trial of any such inquisition may be tively assigned to them : parate court of quarter sessions for which a
carried on as if this Act had not passed. coroner has customarily been elected, but The expression “quarter sessions" includes
(4.) This repeal shall not revive any jurisdiction, ile of Yorkshire and the whole of Lincolngeneral sessions.
office, duty, fee, franchise liberty, custom, all respectively be a county for the pur
The expression “borough means any place for this Act. the time being subject to the Municipal Cor
right, title, privilege, restriction, exemption, counties in Wales, and the counties of porations Act, 1882 (45 & 46 Vict. c. 50], and usage, practice, procedure, or other matter
or thing not in force or existing at the 1 and Chester, and the liberty of the Isle of
the Acts amending the same.
passing of this Act.
(5.) Save in so far as is inconsistent with this Act, Act, be, for the purposes of this Act and
any principle or rule of law, or established ?r Act relating to coroners, subject to the coroner of the Queen's household, a coroner
jurisdiction, practice, or procedure, or existovisions as the other counties of England, or deputy coroner for the jurisdiction of the
ing usage, franchise, liberty, or custom, coroners thereof shall have the same jurisAdmiralty, a coroner appointed by Her
shall, notwithstanding the repeal of any is other coroners in England; and for the Majesty the Queen in right of Her Duchy of
enactment by this Act, remain in full force. of the provisions of any Act with respect
Lancaster, and a coroner appointed for a town ers districts, a ward in the county of Durcorporate, liberty, lordship, manor, university,
SCHEDULES Il be deemed to be a coroner's district in
or other place, the coroner for which has hereaty.
tofore been appointed by any lord, or other FIRST SCHEDULE (SBCTIONS 14, 37.]
RULES FOR ELECTION OF CORONER. ovision for application of Act to county, of county, or of any part of a county, or by the -] This Act and any other Act relating council of a borough, and the expression (1.) The sheriff shall hold a court for the election rs shall apply to the county of Lancaster “ franchise" means the area within which at some convenient place appointed by him within anner as it applies to the other counties the franchise coroner exercises jurisdiction. the county, or, in a county divided into districts, nd, subject as follows:
The expression “ Secretary of State” means within the district for which the election is to take le provisions of this Act with respect to one of Her Majesty's Principal Secretaries of place, on s'ich day not less than seven nor more ? Lord Chancellor shall be construed in State.
than fourteen days after the receipt of the writ as the said county to mean the The expression “murder" includes the offence he appoints. ancellor of the Duchy and county palatino of being an accessory before the fact to a (2.) If a poll is demanded the sheriff shall Lancaster, and all writs relating to murder.
adjourn the court to eight o'clock in the morning oners issued by that Chancellor, shall be The expression “parish” means a parish, town of the next day but one, unless such next day but ied by such persons and in such manner ship, or place for which a separate poor rate is one is Saturday or Sunday, and then of the Monthe Chancellor and the council of the or can be made, or for which a separate over- day following. chy of Lancaster from time to time seer is or can be appointed.
(3.) The sheriff with such others as are deputed act:
The expression “the Lord Chancellor” means by him shall then and there proceed to take a poll Order in Council with respect to coronere the Lord High Chancellor of Great Britain. in some public place or places, which shall be the ricts in the county of Lancaster shall be The expression “Registration Acts” means the place appointed for holding the court for the le on the recommendation of the Acts for the time being in force relating to l election, or such other places within the same