Page images

3- E1Fl'"'1ll1'W of 17 a 18 Vii-I. F. 104, 5. 21, as! to gzowcrs of colonilal governors] Where" doubts have been expressed as to the extent oi the powers conferred by section thirty-one of the Merchant Shipping Act, 1854, on certain colonial authorities, and it is expedient to remove those doubts: Be it therefore enacted that the powers conferred by that section on the governor, lieutenant-governor, or other person administering the government in a British possession shall include and be deemed to have always included the following powers, namely :

((6 ) Power to approve a port or place within the

possession for the registry of ships ; and

(11.) Power to appoint surveyors within the limits

of the possession to survey and measure
ships for registry or re-registry as British
ships in accordance with the provisions oi
the Merchant Shipping Acts, 1854 to 1887.

4. Public Rccorzl Acts to (l[)])f]/ to records in cuslody Q/' Registrar-Gciwral of] All documents which, under section two hundred and seventyseven of the Merchant Shipping Act, 1854, or any enactment amending the same, are required to be recorded and preserved by the Registrar-General of Seamen shall e deemed to be public records and documents within the meaning of the Public Record Oifice Acts, 1838 and 1877, and those Acts shall, where applicable, apply to such documents in all respects as ii such documents had been specifically referred to in the said Acts.


5. Ea‘pZanati'oii of 7il1‘(f7LI'7i[/ of /i'_///i£lio11_<m.] In the liierchant Shipping Act, 1854, and the Acts amending the same, the expression "lighthouses" shall, in addition to the meaning assigned to it by the . Merchant Shipping Act, 1854, include sirens and all other descriptions of fog signals, and the expression “new lighthouse" shall include the addition to any existing lighthouse of any improved light, or any siren, or any description of fog signal.

' 6. Ileye//Z.] The enactments mentioned in the, Schedule to this Act are hereby repealed to the extent appearing in the third column of that? Schedule :

Provided that the re eal of an enactment b

[ocr errors]

. P Y

this Act shall not affect the validity of anything done. or any right acquired or liability incurred, 1 before the commencement of this Act under the

repealed enactment, and that proceedings for en- , forcing any such right or liability may be com- -‘ menced, continued, and completed as if this Act l had not passed. ‘

[graphic][ocr errors][ocr errors][graphic][merged small][ocr errors][subsumed][graphic][ocr errors][merged small][merged small][merged small]

[l6th September 1887.

[ocr errors]
[ocr errors]

2. 1’rocecdinys for rliscbaryc of bankrupt under repe /cil Bazrlrriiplry Acls.] (1.) A debtor who bu been ad judged bankrupt, or whose aifairs have been ilqllldflted Y arrangement under the Bankruptcy Act, lS69 [32 & 33 Vict. c. 7|], or any previous Bankruptcy Act, and who has not obtained his discharge, may apply to the court for an order of discharge, and thereupon the court shall appoint a day for hearing the application in open court.

('2.) Notice of the appointment by the court of the day for hearing the application for discharge shall_twenty-one days at least before the day so appointed be sent by the debtor to each creditor who has proved in the bankruptcy or liquidation, or to those of them whose addresses appear in the debtor's statement of affairs or are known to the debtor, and shall also, fourteen days at least before iéhe day so appointed, be published in the Lomlun


(3.) On the hearing of the application the court

may hear any creditor, and may put such question
to the debtor and receive such evidence as the court
thinks fit, and, on being satisfied that the notice
required by this section has been duly sent and
published, may either grant or refuse the order of
discharge or suspend the operation oi the order for
a specified time, or grant the order of discharge
subject to any conditions with respect to any earn-
ings or income which may afterwards become due
to the debtor, or with respect to his after-acquired
property: Provided that the court shall refuse the
discharge in all cases where the court is satisfied by
evidence that the debtor has committed any mis-
demeanor under Part Two of the Debtors Act,
1869 [32 it 33 Vict. c. 62], or any amendment
(4.) The court may, as one of the conditions
referred to in this section, require the debtor to
consent to judgment being entered against him in
the court having jurisdiction in the bankruptcy or
liquidation by the oificinl receiver oi the court, or
the trustee or assignee in the bankruptcy or liqui-
dation, for any balance of the debts provable under
the bankruptcy or liquidation which is not satisfied
at the date of the discharge, or for such sum as the
court shall think fit, but in snob ease execution
shall not be issued on the judgment without the
leave of the court, which leave may_be given on
proof that the debtor has since his discharge
acquired property or income available for payment
of his debts. _

(5.) A discharge granted under this section shall
have the same efl'ect as if it had been granted in
pursuance of the Act under which the debtor was
adjudged bankrupt or liquidated his affairs by

3. Proccrdings for closing bail/rrnplrirs on/fer Bankruptcy Act, 1869.] (1.) Every bsnlH'l1PF°Y ‘Hider the Bankruptcy Act, 1869, which is pending on_the thirty-first day of December one thousand eight hundred and eighty-seven shall, by virtue of this Act, be closed on that day unless the court otherwise orders.

(2.) Subject to the provisions oi this section, the court may, on the application of the trustee under any such bankruptcy, and on being satisfied that there are special circumstances rendering it expedient to postpone the close of the_banki-uptcy, make an order postponing the close of the bankruptcy until such date as the court may from time to time


(3 ) The 0,-der may be made either before or gigs; the said day, but an application under this section shall not he entertained unless made before the said day. _ ,

(4.) The trustee shall, before making an application under this section, give notice to the Board of Trade of his intention to do so, and shall supply the

[ocr errors][graphic][graphic]

Board with such information as the Board may require as to the position of the bankruptcy, and the court bciorc making an order under this section shall consider any representation which may be made by or on behalf of the Board of Trade with respect thereto.

4. I11 bankruplcirs, insolimlci/:.1, or arrmigsnienhi unrirr Avis prior In 1869 in Hie Lon/Inn district, ofirial as.ii_1/nee may lie npyniriferl to sup¢r.r¢'de creditors ne.w'y//re.] (l ) In each of the following cases, that is to say :

(0.) Any insolvency under any Act for the reliei

of insolvent debtors ;

(b.) Any commission, fiat, or adjudication in bankruptcy within the jurisdiction of the old London Bankruptcy Court, under any Act prior to the Bankruptcy Act, I869 ; Any administration by way of arrangement pursuant to an Act of the session held in the seventh and eighth years of the reign of H er Majesty, chapter seventy, entitled " An Act for facilitating arrangements between Debtors and Creditors," or pursuant to the provisions of the Bankrupt Law Consolidation Act, 1849, or the hundred and ninety-second section of the Bankruptcy Act, 1861, within the jurisdiction of the old London Bankruptcy Court ; in which the estate is now vested in a creditors asslgnee, or trustee, or inspector, either alone or jointly with the oiiiicial sssignee, the court may at any time after the passing oi this Act, upon the application of any creditor, and upon being satisiied that there is good ground for removing such creditors assignee, trustee, or inspector, or in any other ease in which it shall appear to the court just or expedient, appoint the oiiiclal assignee, or any person appointed under the one hundred and fiftythird section of the Bankruptcy Act, 1883 [46 81. 47 Vict. o. 52], to perform the remaining dutiesof the otlice of oflicisl assignee, to be sole assignee, or trustee, or inspector of the estate in the place of such creditors essignec, trustee, or inspector, as the case may be.

(2.) Such appointment shall operate as a removal of the creditors assignee, trustee, or inspector of the estate, and shall vest the whole of the property of the bankrupt or debtor in the oflicial assignee or person appointed by the Board of Trade as aforesaid alone; and all estate, rights, powers, and duties of such former creditors assignee, trustee, or inspector shall thereupon vest in and _devolve upon the oflicial assignee or person appointed by the Board of Trade as aforesaid alone.

5. 1’/-ovision lo release trusia-.] Au application by a trustee in a bankruptcy under the Bankruptcy Act, 1869, to the comptroller in bankruptcy for a report on his accounts with a view to his release shall not be entertained unless made within twelve months after the close of the bankruptcy.

6. Ejiect 0/1-elease.] (1 ) Where on the close of a bankruptcy or liquidation, or on the release of a trustee, a registrar or oiiiclal receiver or oiliclal assignee is or is acting as trustee, pad where under section one hundred and f_ifty~nine, section one hundred and sixty, or section one hundred and sixty-one of the Bankruptcy Act, lSS_3, an ofiicial receiver is or is acting as trustee, no liability shall attach to him personally_i_n respect of any act do_ne or default made or liability incurred by any prior

[ocr errors]


(2.) Section eighty-two cf the Bankruptcy Act, 1883 (which section relates to the release of a trustee), shall, with the exception _oi sub-section four thereof, apply to an oiiiclcl receiver or oiiiciall assignee when he is or is acting as trustee, an(

hen an oflicial receiver or oificial assignee has been ibleased under that section he shall continue to act as trustee for any snb=eq;wni= P‘"'P°5°' liifblpza administration of the debtor iilesillifii but F?“ ‘h in 15

to h" one y y reason “Mu. “iwh, Ieilzzgllefriny act done, default made,

[ocr errors]
[ocr errors]
[ocr errors]
[graphic][ocr errors][ocr errors]

t’ f the Public Records Oflice Act 1877 Bid it"-iiniilicit. c. 55], and that section shall iappiy accordingly.


8. Power to ma/re rules and prrsc-'ibc fizasz] (1.) General rules for carrying into effect the objects of this Act may from time to time be made, revoked, or altered by the same authority and subject to the same provisions as general rules for carrying into efl‘eot the objects of the Bankruptcy Act, 1883. _

(2.) There shall he paid in respect of proceedings under this Act such fees as the Lord Chancellor may, with thc sanction of the Treasury, from time to time prescribe, and the Treasury may direct by whom and in what manner the same are to be collected and accounted for, and to what account they are to be paid.

[blocks in formation]
[ocr errors]

1. Lord of Appeal may take his seat duriny pro1'0gLlti0fl.] Whereas it is expedient that any Lord oi Appeal, as defined by the Appellate Jurisdiction Act, 1876, notwithstanding that he may not be a Lord of Appeal in Ordinary within the meaning of that Act, should be empowered to take his seat and the oaths at the sittings of the House of Lords for hearing and determining appeals during the prorcgation oi Parliament: Be it enacted that, notwithstanding anything in the eighth section of the said Act contained, every Lord of Appeal shall be empowered tc take his seat and the oaths at any such sitting cf the House of Lords during prerogation.

2. Retired Lord of Appeal in Ordinary may sit in House of Lords] The sixth section of the Appellate Jurisdiction Act, 1876, shall be construed and take effect, as well in respect of any Lord of Appeal in Ordinary heretofore appointed under that Act, as of any such Lord hereafter appointed, so as to entitle any person so appointed to sit and vote as s member of the House of Lords during his life as fully as if the words "during the time that hc continues in his ofiice as a Lord of Appeal in Ordinary, and no longer" had _been omitted from the said section.

3. Ammdmmt of 3 ij /1 IVHI. 4, 0. 41.] The J udicisl Committee of the Privy Council as formed under the provisions of the first section of the Act of the third and fourth William the Fourth, chapter forty-one, intituled “ An Act for the better administration of Justice in His Majesty's Privy Council," shall include such members of Her Majesty’s Privy Council as are for the time being holding or have held any of the oflices in the Appellate Jurisdiction Act, 1876 and this Act, described as high 'udiciai

' J oilices. 4. Reiniimration in Judicial Committee] Any person who shall in virtue of the thirtieth section of th A t f h

e c o t e third and fourth William the Fourth, chapter forty-one, attend the sittings of the Judicial Committee of the Privy Council shall be deemed to be included as a member of gjje “(,1 Committee for all purposes, and shall if there be only one such person, be entitled toireoeive the

whole amount of the sums by the said lecgion

vided, that is to say, eight hundred poundspigr


svcry year during which he shall so attend ; but If
there shall at any time be two such person_l. they
shall severally be entitled to the sums provided iu
the said section.

5, /lmemlmont of 39 <§- iii) Vict. c. 59, s. 2o]_ The
expression “ high judicial oflice " as defined in the
twenty-fifth section of the Appellate Jurisdiction
Act, 1876, shall be deemed to include the oflice of s
Lord of Appeal in Ordinary and thc cflice of a


6. Slnrl 11110.] This Act may be cited as Appellate Jurisdiction Act, 1837.


An Act to consolidate the Law relating
Coroners. [16th September 1887.

Bo it enacted, ss. :


1. Short iille.] This Act may be cited as
Coroners Act, 1887.

2. Extent of /105.] This Act shall not apply ti Scotland or Ireland.

[ocr errors]

Law or Cosonnas.

3. Summoni-iy and swearing of jury by oar-am:r.]
(1.) Where a coroner is informed that the dead
body of n. person is lying within his jurisdiction,
and there is reasonable cause to suspect that such
person has died either a violent or an unnatural

[ocr errors][graphic][merged small][ocr errors]

member of the Judicial C0m111ilii68 Oi W6 Pill’? , "murder,") the coroner shall issue his warrant for

arresting or detaining such person (if such warrant has not previously been issued) and shall bind by recognizance all such perscns examined before him as know or declare anything material touching the said offence to appear at the next court of oyer and terrniner or gaol delivery at which the trial is to be,

to i then and there to prosecute or give evidence against

the person so charged.

(2.) Where the oifence ls msnslsughter,_ the coroner may, if he thinks fit, accept bail by recognizance with sufficient surcties for the appearance cf the person charged at the next court of_oyer and termlner or gaol delivery at which the trial is to be, and thereupon such person if in the custody of an officer of the coroner's court or under a warrant of commitment issued by such coroner shall be discharged \herefrom._ _ _ _

(3) The coroner shall deliver_the inquisltion, deposition, and rocognizancss, with a certificate under his hand that the same have been taken before him, to the proper cificer of the court in which the trial is to be, before or at the opening of the court.

6, Ordering of coroner to hold in/1u_cat.] (1.) Where Her Majesty's High Court of Justice, upon application made by or under the authority of the Attorney

[ocr errors][merged small][ocr errors][merged small][merged small]
[ocr errors]
[ocr errors]
[ocr errors]

within his jurisdiction or not, shall, as soon as
practicable, issue his warrant for summoning not
ese than twelve nor more than twenty-three good
and lawful men to appear before him at a specified
time and place, there to inquire as jurors touching
the death of such person as aforesaid.

(2.) Where an inquest is held on the body of a
prisoner who dies within a prison, an oficer of the
prison or a prisoner therein or a person engaged in
any sort of trade or dealing with the prison shall
not be a juror on such inquest.

(3.) When not less than twelve jurors are assembled they shall be sworn by or before the coroner diligently to inquire touching the death of the person on whose body the inquest is about to be held, and a true verdict to give according to the evidence.

(l.) The coroner and jury shall, at the first sitting
of the inquest, view the body, and the coroner shall
examine on oath touching the death all persons who
tender their evidence respecting the facts and al
persons having knowledge of the facts whom he
thinks it expedient to examine.

(2.) It shall be the duty of the coroner in a
case of murder or manslaughter to put into writing
the statement on oath of those who know the facts
and circumstances of the case, or so much oi such
statement as is material, and any such deposition
shall be signed by the witness and also by the

(3.) After viewing the body and hearing the evidence the jury shall give their verdict, and certify it by an inquisltion in writing, setting forth, so far as such particulars have been proved to them, who the deceased was, and how, when, and where the deceased came by his death, and if he came by his death by murder or manslaughter,

[ocr errors][merged small][ocr errors][merged small]

irregularity of proseedings,_ insufficiency of inquiry, or otherwise, it is necessary 01' desirable, in the interests of jusilflei lb“ another inquest should be held, the court may order an inquest to be held touching thc said death, and may, if the court think it 111"order the said coroner to pay such costs of and incidental to the application as to the court nilY seem just, and where an inquest has been already held may quash the inquisltion on that inquest(2.) The court may order that such inquest shall be held either by the said coroner, or if the "id coroner is a coroner for a county, by IIY °ih°' coroner for the county, or if he is a coroner of s borough or for a franchise then by a coroner fqr the county in which such borough or franchise 5 situate, or for a county to which it adjoins, and the: coroner ordered to hold the inquest_ shall_ for iillfl purpose have the same powers and jurisdiction BU? and be deemed to be, the said coroner. f (3.) Upon any such inquest, if the case be one ct death, it shall not be necessary, unless tho 60111‘ , otherwise order, to view the body» but 5'“ “ dime, i said the inquest shall be held in like manner in s1 respects as any other inquest und_er thls_Act- H (4.) Any power vested by this section i_u t :1‘ Majesty's High Court of Justice may. Blll-71°F Eh: any rules of court made in pursuance 0 at 39 Supreme Court of Judicature AO_i.1375i33 b Vict. c. 77], and the Acts amending the same» ° exercised by any judge of that court

[ocr errors]

the persons, if any, whom the jury find to have i the Admiralty of England the inquest shall be held i i only by the coroner having jurisdiction in the Pk

[ocr errors]

provided by this Act, shall hold an inquest belong

[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small]

Xlhich a deputy coroner is authorised tafiioldr or do e deputy coroner shall be deemed to be the coroner whose deputy he is, and have the same jurisdiction and powers, and be subject to the some obligations, liabilities, and disqualifications as that coroner, and he shall generally be subject to the provisions of this Act and to the law relating to coroners, in like manner as that coroner.

14. I’roce0din_/7s for elcvlion of calmly corone1'.] (1.) Ihe sheriff, in accordance with the rnies contained in the First Schedule to this Act, shall hold a court for the election of a coroner for a county, and in case of a poll being demanded, adjourn the court and take a poll, and for that purpose may appoint such oifioers and erect such booths a are authorised by the said rules, and the said rules shall be dnly observed.

(2-i Any such poll shall he taken at the place at which the court for the eiec_tion is held, and at such other places as are for the time being appointed by the local authority of the county.

(E3-i All reasonable costs, charges, and expenses which the sheriffor his deputy expends or is liable to in and about the providing oi poll-books, booths, and clerks (such clerks to be paid not more than one guinea each) for the purpose of taking the poll at any such election shall be paid by the several candidates at such election in equal proportions.

(4.) Any person who wilfully and falaoly takes any oath or afirmation appointed by the rules in the schedule to this Act to be taken shall be guilty of perjury.

la’). Itiymcizt of coroners wlwn they act for slm-ifl‘s.] Where any writ, process, or extent whatsoever is directed to and executed by s coroner for a county in the place of a sheriff, the coroner shall, in addition to any salary to which he is entitled, receive the some poundage fees or other compensation or reward for exeouting_ the writ, process, or extent, and hove the same right to retain, and all other remedies for the recovery of the fees, compensation. or reward as_the sheriff would have been entitled to and had in whose place sucii coroner was aubstituted; and if the fees or compensation payable to the sheriffs are at any time after the passing of this Act increased by Act of Parliament or otherwise, the coroner shall be entitled to sucii increased fees or compensation.

16. Fees on 1-ncog/ii':mwes.] Where a coroner admits a person charged with manslaughter to bail, he shall be entitled to the like fee as a clerk to a justice of the peace is entitled to on the admission to bail of a person so charged.

[merged small][ocr errors]

18. Enactizzcnts with respect loproccdure M i'1iqizesLs ] The folio wing enactments shall be made with respect to procedure at coronei-’s inquests :

(1.) The inquisition shall be under the hands and in the case of murder or manslaughter also under the seals, of the jurors who concur in the verdict, and of the coroner :

An inquisition need not, except in the case
of murder or manslaughter, be on parchment,
and may be written or printed, or partly
written and partly printed, and may be in
the form contained in the Second Schedule to
this Act, or to the like effect or in such
other form as the Lord Chancellor from time
to time prescribes, or to the like effect, and
the statements therein may be made in con-
cise and ordinary language.
The coroner after the termination of an in-
quest on any death shall send to the regis-
trar of deaths whose duty it is by law to
register the death such certificate of the
finding of the jury and within such time as
is required by the Registration Acts.
The coroner shall cause recognizances taken
before him from a person charged by an in-
guisition with manslaughter to be taken, so
at as circumstances admit, in one of the
forms contained in the Second Schedule to

[ocr errors]
[ocr errors]
[ocr errors]

this Act or in such other forms as the Lord Chancellor from time to time prescribes, and shall give notice of the recogniz ince to every person bound thereby.

A person charged by an inquisition with murder or manslaughter shall be entitled to have from tho person having for the time being the custody of the inquisition or of the depositions of the witnesses at the inquest, copies thereof on payment of a reasonable sum for the same, not exceeding the rate of three halfpence for every folio of ninety words.

A CJ‘l'0l18i‘, upon holding an inquest upon any body, may, if he thinks fit after view of the body, by order under his hand, authorize the body to bcburied before verdict and before registry of the death, and shall deliver such order to the relative or other person to whom the same is required by the Registration Acts to be delivered; but, except upon holding an inquest, no order, warrant, or other document for the burial of a body shall be given by the coroner.

19. Attendance of witnesses and jurom] Where a person diily summoned as a juror at an inquest does not, after being openly called three times, appear to such summons, or appearing, refuses without reasonable excuse to serve as a juror, the coroner may impose on such person a fine not exceeding five pou.nds.

(2.) Where a person duly summoned to give evidence at an inquest does not, after being openly called three times, appear to such summons, or appearing, refuses without lawful excuse to answer a question put to him, the coroner may impose on such person a fine not exceeding forty shillings.

(3.) Any power by this Act vested in e. coroner of imposing a fine on a juror or witness, shall be deemed to be in addition to and not in derogation of any power the coroner may possess independently of this Act, for compelling any person_ to appear and give evidence before him on _any inquest or other proceeding, or for punishing any person for contempt of court in not so_appearlng and giving evidence with this qualification, that _a. person shall not be fined by the coroner under this Act, and also be punished under the power of a. coroner independently of this Act.

(4.) Where e coroner imposes a fine upon s. person, he shall sign ii certificate describing such person and stating the amount of the fine imposed and the cause of the fine, and shall send such certificate to the clerk of the peace_for the county or place in which such person resides on or before the first day of the quarter sessions then next ensuing, and shall, twenty-four hours at 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 peace shall copy every fine so certified on the roll on which fines and forfeitures imposed at the said quarter sessions are copied, and the same shall be estreated, levied, and applied in like manner and subject to the like powers, provisions, and penalties in all respects as if such fine had been part of the fines impoed at the said. quarter sessions. _

(5.) Where n recognizance is forfeited at an inquest held before s. coroner, the coroner shall proceed in Hire manner under this section as if he had imposed a fine under this section upon the person forfeiting that recognizance, and the provisions of this section shall apply accordingly.

20. Inquisition to be amended and not quashed for de/'ects.] (l.) If in the opinion of the court having cognizance of the case an inquisition finds sufl1ciently the matters required to be found thereby, and where it charges a person With m\11'd6I 0! manslaughter sufficiently designates that person and the offence charged, the inquisition shall not be quashed for any defects, and the court may order the proper ofiicer_of the court to amend any defect in the inqui_sitio}1- _”'“°- WY 'l‘,mm°° occurring between the inquisition and the evidence offered in proof thereof, if the court are of opinion that such efect or variance is not mflterlfil i?° the merits of the case, and that the defendant_or person traversing the inquisition cannot be pro] udwed by the amendment in his defence or traverse on the merits, and the court may order the amendment _on such terms as to postponing the trial $0

[ocr errors][ocr errors]

be had before the same or another jury as to the court may seem reasonable, and after the amendment the trial shall proceed in like manner, and the inquisition, verdict, and judgment, shall be of the same effect, and the record shall be drawn_up in the same form, in all respects, as if the inquisition had originally been in the form in which it stands when so amended.

(2) For the purpose of any such amendment, the court may respite any of the recognizances taken before the coroner, and the persons bound by such recognizances shall be bound without entering into any fresh recognizanccs to appear and prosecute, give evidence, or be tried at the time and place to which the trial is pOStpOI1€(l., as if they were originally bound. by their recognizinces to appear and prosecute, give evidence, or be zried at that time and place.


Medical Witiiesscs and Post-mortem Examinations.

21. Power of coroner to summon medical witneucs and to direct performance of past-mortem c:mmination.] '1.) Where it appears to the coroner that the de-eased was attended at his death or during his last illness by any legally qualified medical practitioner, the coroner may summon such practitioner as a witness ; but if it appears to the coroner that the deceased person was not attended at his death or during his last illness by any legally qualified medical practitioner, the coroner may summon any legally qualified medical practitioner who is at the time in actual practice in or near the place where the death happened, and any such medical witness as is summoned in pursuance of this section may be asked to give evidence as to how, in his opinion, the deceased came to his death.

(2.) The coroner may, either in his summons for the attendance of such medical witness or at any time between the issuing of that summons and the end of the inquest, direct such medical witness to make a post-mortem examination of the body of the deceased, with or without an analysis of the contents of the stomach or intestines.

Provided that where a person states upon oath before the coroner that in his belief the death of the deceased was caused partly or entirely by the improper or negligent treatment of a medical practitioner or other person, such medical practitioner or other person shall not be allowed to perform or assist at the post-mortem examination of the deceased.

(3.) If a majority of the jury sitting at an inquest are of opinion that the cause of death has not been satisfactorily explained by the evidence of the medical practitioner or other witnesses brought before them, they may require the coroner in writing to summon as a witness some other legally qualified medical practitioner named by them, and further to direct a post - mortem examination of the deceased, with or without an analysis of the contents of the stomach or intestmes, to be made by such last-mentioned practitioner, and that whether such examination has been previously made or not, and the coroner shall comp _y with such requisition, and in default shall be guilty of a misdemeanor.

22: Fees to medical wilneueajh A legally qualified medical practitioner who as attended at a coroners inquest in_obedieuce to a summons of the coroner under this Act shall be entitled to receive such remuneration as follows ; that is to say,

(11.) For attending to give evidence at any in. quest whereat no post-mortem examination has been made by such practitioner, one guinea; and For making a post-mortem examination of the body_of the deceased, with or without an analysis of the contents of the stomach or intestmes, and for attending to give evidonce thereon, two guiness ;

Provided that

(l.) Any fee or remuneration shall not be paid to a medical practitioner for the performance of a post-morten examination instituted without the previous direction of the coroner:

(2.) Where an inquest is held on the body of 5 person who has died in a county or other

unatic asylum, or in a ublic hospital

infirmary, or other medical institution, oiin n building or place belonging thereto, or used for the reception of the patients

[ocr errors]

thereof, whether the same be supported by endowments or by voluntary subscriptions, the medical otficer, whose duty it may have been to attend the deceased person as a medical officer of such institution as aforesaid, shall not be entitled to such fee or remuneration.

23. Penalty an mezlimlp1'actz'liorm'fo1- neglecting to attmd.] Where a medical practitioner fails to obey a summons of a coroner issued in pursuance of this Act, he shall, unless he shows a. good and sufficient cause for not having obeyed the same, be liable on summary conviction on the prosecution of the coroner or of any two of the jury, to a fine not exceeding five pounds.

24. Removal of bod;/for post-mow-tem es-aminati'on.] \‘Vhere a place has been provided by a sanitary authority or nuisance authority for the reception of dead bodies during the time required to conduct a post-mortem examination, the coroner may order the removal of a dead body to and from such place for carrying out such examination, and the cost of such removal shall be deemed to be part of the expenses incurred in and about the holding of an inquest.

Expenses and Returns of Inquestr.

25. Schedule of fees and disbursements payable on holding inqm-st.] The local authority for a county or borough from time to time may make, and when made may alter and vary a. schedule of fees, allowances, and disbursements which on the holding of an inquest may lawfully be paid and made by the coroner holding such inquest (other than the fees payable to medical witnesses in pursuance of this Act), and the local authority shall cause a copy of every such schedule to be deposited with the clerk of the peace of the county or with the town clerk of the borough, and one other copy thereof to be delivered to every coroner concerned.

26. Payment of expenses by corcner.]l A coroner holding an inquest shall immediatey after the termination of the proceedings pay the fees of every medical witness not exceeding the fees fixed by this Act, and all expenses reasonably incurred in and about the holding thereof, not exceeding the sums set forth in the schedule of fees for the time being in force under this Act, and the sums so paid shall be repaid to the coroner in manner provided by this Act.

27. Coroners to lay tlieir accounts begforc the local authority/.2 (1) Every coroner shall, within four months a ter holding an inquest, cause a full and true account of all sums paid by him under this Act to be laid before the local authority of the county or borough by whom the sums are to be reimbursed to him.

(2.) Every account shall be accompanied by such vouchers as under the circumstances may to the local authority seem reasonable, and the local authority may, if they think fit, examine the said coroner on oath as to the account, and on being satisfied of the correctness thereof, the local authority shall order their treasurer to pay to the coroner the sum due to him on such account, with the addition, in the case of a coroner of a borough, of six shillings and eight pence for each inquest; and the treasurer shall pay the same out of the local rate, without any abatement or deduction whatever, and shall be allowed the same on passing his accounts.

28. Coroners to make yearly rclurm to Secrclary of State] Every coroner of a borough shall on or before the first day of February in every year make and transmit to a Secretary of State a return in writing, in such form and containing such particulars as the Secretary of State from time to time directs, of all cases iii which an inquest has been held by him, or by some erson in lieu of him, during the year ending on the thirty-first day of December immediately preceding.

Coroner of the Queen's Household.

29. Appointment and jurisdiction of the coroner of iha_ Queen‘: .H0I46£Il0ld.;|1 (1.) The coroner of Her Majesty_the Queen's ousehold shall continue to b68ppOl.I1t8d by the Lord Steward for the time being of the Queen’s household.

(2.) The coroner of the Queen’s household shall


have exclusive jurisdiction in_ respect of inquests t on persons whose bodies are lymg within the limits




of any of the Queen’s palaces or within the limits of any other house where Her Majesty is then demurrant and abiding in her own royal person, notwithstanding the subsequent removal of Her Majesty from such palace or house.

(3.) The jurors on an inquest held by the coroner of the Queen’s household shall consist of otllcers of the Quserfs household, to bo returned by such oflicer of the Queen's householdas may be directed to summon the same by the warrant of the said coroner.

(4.) The limits of the said palace or house shall be deemed to extend to any courts, gardens, or other places within the curtilage of such palace or house but not further, and where a body is lying dead in any place beyond those limits, the coroner of the Queen's household shall not have jurisdiction to hold an inquest on such body, and the coroner of the county or borough shall have jurisdiction to hold that inquest in the same manner as if that place were not within the verge.

(5.) \Vhere the inquisition charges a person with murder or manslaughter, the coroner of the Q,ueen’s household shall deliver the inquisition, depositions, and reoognizances to the Lord Steward of the Q,ueen’s household, or in his absence, to the treasurer and comptroller of the Queen's household, and the recognizances shall be taken for the appearance of the persons boimd by them before t e said Lord Steward, or in his absence before the said treasurer and comptroller.

(6.) All other inquisitions, depositions, and recognizances, shall be delivered to the Lord Steward of the Queen's household to be filed among the records of his office.

(7.) The coroner of the Queen’s household shall make his declaration of ofidce before the Lord Steward of the Q,ueen’s household, and shall reside in one of the Q,ueen’s palaces, or in such other convenient place as may from time to time be lqllowed by the Lord Steward of the Queen's house


(8 ) Save as is in this section specially provided, the coroner of the Queen’s household shall within the said limits have the same jurisdiction Blld. powers, be subject to the same obligations, habilities, and disqualifications, and generally the provisions of this Act and to the law relatmgto coroners in like manner as any other franchise coroner.

(9.) The Lord Steward of the Queen's household or the treasurer and comptroller of the Queen s household shall not have any jurisdiction to inquire of, try, hear, or determine, any offence committed beyond the limits aforesaid, or to array, try, or give judgment upon any person charged by any inquisition found before a coroner for any place beyond the limits aforesaid, and every such offence shall be inquired of, tried, heard, and determined, and every such person shall be arraigned, tried, and have judgment according to the ordinary course of law.

Franchise Cbroncrs.

30. Saving for remuneration offranclriso cm-onci'a.] (1.) Where a franchise coroner is, at the passing of this Act, paid a salary out of the local rate, tho provisions of this Act with respect to the expenses of inquests, shall apply as if such coroner were a coroner for a county.

(2.) Nothing in this Act shall affect the remuneration to which s. franchise coroner who is not at the passing of this Act paid a salary out 01 the local rate is entitled at the passing of this Act, and every such coroner shall continue to be entitled to receive the same fees, all0wa!_1068» lmfl remuneration as he would have been entitled to 11 this Act had not passed. _

(3.) Nothing in this Act shall affect the mode _il1 which a franchise coroner is appomted, or 1!» otherwise than is provided by this Act,_ramoved._

(4.) Subject as aforesaid, the provisions of this Act shall apply to a franchise coroner, except those provisions in which a coroner for a county or B coroner of a borough is expressly named.

31. Proviaioois as to expenses of inquest; ta extend 10 city of London] The provisions of this Act with respect to the expenses of inquests shall spp1yt° the city of London and the borough of Southwarb

[ocr errors]
[ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors]

_ Oct. 22, lg‘37. '] the Cinque Ports who is not paid a salary out of alocal rate in lieu of allowances deems it un :essary to hold and declines to hold an inquest, l shows to the justices in general or quarter sions assembled that he had nevertheless been ipelled in the discharge of his oilice to travel n his usual place of abode for the purpose of ing that inquest, such justices may order the ment to that coroner of the same allowances travelling as might be allowed in any other I

[blocks in formation]

Saiiiaiy of jurisdiction as to removal of coroner, if-igisohgil relatiora to ahvoronen] Nothing in . c s preju ice t e 'urisdiction of the Chancellor o_r the High (iourt of Justice in on to removing a coroner otherwise than in Er pl'0V1g;d tlayththigi Acg, or in any mannefi

ice or ec e uris iction of the Hig of Justice or of any judge thereof in relao or over a coroner or his uties.

Inquest on t-rsasuro trove.] A coroner shall
iue as heretofore to have jurisdiction to
'e of treasure that is found, who were the
s, and who is suspected thereof, and the pro-
: of this Act shall, so far as is consistent with
nor thereof, apply to every such inquest.
Eject of So/mtul:s.] The Schedules to this
iall be construed and have effect as part of
.ct, and the forms given in any of those
des, or such other forms as the Lord Ghan-
from time to time directs, may be used in
tters to which they apply, and when so used
e suflicient in law.

Definitions. lone:-uotion of Act with respect to aozmtiea.] In :t t e exp"ession “ county " unless there is ing inconsistent in the context, does not incounty of a city or a county of a town, but s any division or liberty of a county which iparate court of quarter sessions for which a a coroner has customarily been elected, but wle of Yorkshire and the whole of Lincolnglgliigegizictively be a county for the purcounties in Wales, and the counties of l and Chester, and the liberty of the Isle of ll, save as is otherwise expressly provided Act, be, for the purposes of this Act and zr Act relating to coroners, sub'ect to the I)ViBi0IJl as the other counties oil England, coroners thereof shall have the same 'urisls other coroners in England; and fdr the of the provisions of any Act with respect are districts, a ward in the county of Durll be deemed to be a coroner’s district in uty.

ovision for application of Act to county of 2] This Act and any other Act relating ers shall apply to the county of Lancaster anner as it applies to the other counties ad, subject as follows: ie provisions of this Act with respect to § Lord Chancellor shall be construed in a case of the said county to mean the ancellor of the Duchy and county palatiuo Lancaster, and all writs relating to 1 'oners issued by that Chancellor, shall be led by such persons and in such manner the Chancellor and the council of the chy of Lancaster from time to time act: Qrder in Council with respect to coroncrs


Chancellor and council of the Duchy of Lancaster.

40. Provisions a9 to detached parts of com1ti'e,v.] (1.) For the purpose of holding coronsrs inqueats every detached part of a county shall be deemed to be within the county by which it is wholly surrounded, or where it is partly surrounded by two or more counties within the county with which it has the longest common boundary.

(2.) The treasurer of every county shall keep an account of all expenses occasioned to such county by an inquest in or in respect to any such detached part of any other county, and shall twice in every year, send a copy of such account to the treasurer of the other county to which such detached part belongs, and the last-mentioned treasurer shall, out of the moneys in his hand as such treasurer, pay to the treasurer sending the account the sum appearing thereby to he due, together with all reasonable charges for making and sending the account.

(3.) Any difference which may arise concerning the said account, if not adjusted by agreement, shall be determined by an arbitrator, who shall be a barrister-at-law nominated on the application of aither party by one of the justices of assize of the last preceding circuit or of the next succeeding circuit. Such arbitrator may adjourn the hearing from time to time, and require all such information from either party as appears to him necessary, and his award shall be final. He shall also assess the costs of the arbitration and direct by whom and out of what fund the same shall be paid. 41. rale.] (4-)

Dc/tuition of “ local authority" and “local For the purposes of this Act—

The local authority of a coimty shall be the court of quarter sessions of the county; and

The local authority of a borough shall be the mayor, aldermcn, and burgesses of the borough acting by the council ; and

The local rate shall be, in the case of a county, the county rate, or rate in the nature of a county rate, and, in the case of a borough, the borough fund or borough rate; and

In Lincolnshire and Yorkshire respectively the justices in gaol sessions shall be the local authority, and the clerk to such justices shall act as clerk of the peace, and the rate in the nature of a county rate levied by those sessions shall be the local rate.

Dd/inition-L] In this Act, it not inconsistent

with the context, the following terms and ex

pressions have the meanings herein-after respectively assigned to them : _ _

The expression “quarter sessions" includes

general sessions.

The expression “ borough " means anyplace for the time being subject to the 1\_Iunicipal Corporations Act, 1882 [45 & 46 Vict. c. 50], and the Acts amending the same. ,

The expression “franchise coroner’ means any of the following coroners, that is to say, the coroner of the Queen's ho_iise_hold,_B 00101161‘ or deputy coroner for the jurisdiction of the Admiralty, a coroner _appointed by H61‘ Majesty the Queen in right of Her Duchy of Lancaster, and a coroner_appo1nted for a town corporate, liberty, lordship, manor, university, or other place, the coroner for which has heretofore been appointed by any lord, or otherwise than by election of the freeholdors of B county, or of any part of a county, or by the council of a borough, and the_ expression “ franchise” means the area within _whl<=h the franchise coroner exercises ]_}1!‘1sdl:3i»10l1

The expression “ Secretary _of btste means one of Her Majesty’s Principal Secretaries of State.

The expression “ murder” includes the offence of being an accessory before the fact to a murder. _

The expression “ parish ” means a parish, township, or place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed.

The expression “the Lord Chancellor _ means tho Lord High Chancellor of Great Britain.

The expression “ Registration Acts " means the

[ocr errors][ocr errors][ocr errors]


[merged small][graphic][graphic][merged small][merged small]

44. Abolition of certainjur1'odiolions of tbs coroizorsf] A coroner shall not take pleas of the Grown nor hold inquests of royal fish nor of wreck nor of felonies except felonies on inquisitions of death; and he shall not inquire of the goods of such as by the inquest are found guilty of murder or manslaughter, nor cause them to be valued and delivered to the township.

45. Repeal of Acts in .eo'wduls.] The Acts specified in the Third Schedule to this Act are hereby repfialedérom andflafter the passing of this Act,hto

e ex nt s eci ed in the third column of t at schedule. P Provided that

(l.) A coroner elected before the passing of this Act, shall continue to hold ofilce in llilke manner as if he had been elected under t is Act, and

Any schedules of fees, allowances, and disbursements made by a local authority for a count or borough before the passing of this Act shall, untila schedule is made in purspalnoe ofi this Act, be of the same effect as i t e so edule had been made in ursuanoe of this Act, and P

(3.) This repeal shall not affect

(a.) The past operation of any enactment hereby repealed, nor anything duly done or suffered under any enactment hereby

(1)) A repealgd; or I bu I

. ny ri t, rivi e e o ' ation, or iabilityg acqiiired, gfiilcfllfidg, or incurred under any enactment hereby repealed; or

(o.) Auypenalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby re ealed; or

(a'.) Auylinquest on any death which occurred

before the commencement of this Act or an inquisition found thereon, or any investigation, legal pi-oceeding,_ or remedy in respect of _any_ such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; pod“ any suich inqupst, iizgiestigiatiplp, e rocee ing, an reme y, an o trial gf any such inquisition may be carried on as if this Act had not passed. This repeal shall not revive any jurisdiction, offlce, duty, fee, franchise liberty, custom, right, title, privilege, restriction, exemption, image, practice, procedure, or other matter or thing not in force or existing at the assin of this Act. gave if so far as is inconsistent with this Act, any principle or rule of law, or established jurisdiction, practice, or procedure, or existing usage, franchise, liberty, or custom, shall, notwithstanding the repeal of any enactment by this Act, remain in full force.

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

;ricts in the county of Lancaster shall be le on the recommendation of the ..

[ocr errors]

election, or such other places within l-155'”

« PreviousContinue »