city and county of St. John as may be deemed expedient, but not exceeding three such coroners resident in the city, and one resident in each parish. In Prince Edward Island, the Lieut.-Governor in Council is authorized by an Act passed in 1855 to appoint one or more coroners in and for each of the counties of Prince, King's and Queen's, in . addition to the then existing coroners, and these coroners must reside in their respective counties. In the absence of a coroner an inquisition may be held before a justice of the peace;1 and by 51 V. c. 12, s. 38, P. E. I., the coroners of the county of Queen's county are coroners of the city of Charlottetown, but are not to exercise any power or authority over the city relative to civic matters. In British Columbia, the Lieut.-Governor in Council, from time to time, appoints the coroners, either for the whole province or for any less extensive jurisdiction, as he may deem proper.2 In Manitoba, coroners are appointed by the Lieut.-Governor in Council under the Great Seal, and the appointments are for the whole province.3 In the North-West Territories coroners can be appointed by the Lieut.-Governor, from time to time, for the whole territories, and the Indian commissioner for the territories, the judges of the Supreme Court, the commissioner and assistant 1 39 V. c. 17, s. 4. P. E. I. 2 R. S. B. C. 1888, c. 24, s. 2. R. S. Man. c. 32, ss. 2, 3; and by the same Act all former appointments for the several counties of the province are extended to the whole province. commissioner of the mounted police, are also ex officio coroners for the territories.1 In Keewatin, the Lieut.-Governor, who is the Lieut.-Governor of Manitoba for the time being, appoints the coroners for the district.2 In Manitoulin, all coroners residing, on 23rd March, 1888, in that portion of Algoma set apart as "The Temporary Judicial District of Manitoulin," ceased to have any authority in the remainder of the district of Algoma, and became coroners for the temporary judicial district, without new commissions, by the same tenure of office and without again taking the oaths. The Lieut.Governor of Ontario appoints the subsequent coroners for Manitoulin.3 By C. S. O. c. 71, s. 8, a stipendiary magistrate for any territorial or temporary judicial district in Ontario may be appointed a coroner for the district. This is one of the exceptions to the general rule which disqualifies a justice of the peace from being made a coroner in Ontario. In Newfoundland, the office of coroner was abolished after 17th April, 1875, by 38 V. c. 8, N. F., and stipendiary magistrates were given ex officio all the powers of coroners, except the power of summoning juries. 1 R. S. Can. c. 50, s. 82. SR. S. O. c. 80, s. 1. CHAPTER II. THE DUTY AND AUTHORITY OF CORONERS GENERALLY. SEC. 1.-AS CONSERVATORS OF THE PEACE. .....10 .11 ..24 ..29 .33 42 SEC. 1.-AS CONSERVATORS OF THE PEACE. The duty and authority of coroners generally will be considered in this chapter. Their particular duties and mode of proceeding will be treated of hereafter.1 The powers of coroners are judicial and ministerial. Judicial, as in the case of inquests upon bodies, and must be executed in person. Ministerial, as in the execution of process of the courts, and may be executed by deputy." Coroners in former days were the principal conservators of the peace within their counties, and may now bind to the peace any person who makes an affray in their presence.* In Ontario by R. S. O. c. 71, s. 8, coroners are forbidden to act as justices of the peace during the time they use or execute their office, but in the case of Kerr v. The British American Assurance Company, it seems to have been admitted that a 5 1 See Part II. 2 Impey O. C. 473; 14 Ed. 1. Jer. O. C. 71. 1 Bac. Abr. 491; 2 Hawk. P. C. c. 28, s. 5. · 32 U. C. Q. B. 569. coroner was a justice of the peace by virtue of his office, MORRISON, J., saying that Mr. J. H. Cameron, Q.C., very properly conceded on the argument, that a coroner is a magistrate; and ADAM WILSON, J., concurred in the judgment, which was, that a coroner is a magistrate who may give a certificate of loss under an insurance policy. At the time this case was decided, the Ontario Statute law in this respect was the same as it was up to the passage of 54 V. c. 37, Ont. by s. 1 of which Act, Provincial Coroners can be appointed by the Lieut.-Governor in council who are both coroners and justices of the peace for every county and part of Ontario for the purposes of holding fire investigations. This Act appears to authorize the creation of a new class of coroners for fire investigations only, but it does not interfere with the powers of the ordinary coroners in regard to similar enquiries.2 SEC. 2.-IN INQUESTS OF DEATH. When it is made to appear to any coroner in Ontario that there is reason to believe a deceased person came to his death from violent or unfair means, or by culpable or negligent conduct, either of himself or of others, under such circumstances as require investigation by a coroner's inquest and not through mere accident or mischance, or upon 3 1 See C. S. C. c. 100, s. 17; Davis v. The Justices of Pembrokeshire, L. R. 7 Q. B. D. 573. 2 See s. 3. In s. 4 of R. S. O. c. 80, the words "either of himself or" are left out, so that in cases of death from the culpable or negligent conduct of the deceased calling for an inquest to be held, the request for the inquest of the county attorney, had better be obtained, or no claim to any fees can be made notwithstanding the inquest in such cases is sanctioned by s. 2 of the Act. being notified by the proper authorities of the death, no matter from what cause, of any prisoner confined in any gaol, penitentiary, prison, house of correction, lock-up house, or house of industry, it is the duty of such coroner to hold an inquest forthwith upon the body. This is the language of the R. S. of Ontario, c. 80, ss. 2 & 3, and it places the question of holding inquests in a clearer light than the old statute of Edward I., De officio coronatoris, which formerly regulated and defined the duties of coroners. By this latter statute the coroner was directed to hold an inquest on information of any "being slain or suddenly dead," and although dying suddenly was always interpreted as not meaning deaths from apoplexy, fever or other visitation of God, yet it left room for the very improper practice to spring up of holding inquests on the bodies of all who died suddenly. There is now no excuse for such a custom; and the coroners who hold inquests without the proper information or notice, are greatly to blame. And in Ontario no fees can be claimed unless, prior to issuing the warrant for summoning the jury, the coroner makes a declaration in writing under oath' stating that from information received by him, he is of the opinion that there is reason for believing that the deceased did not come to his death from natural causes or from mere accident or mischance, but from violence or unfair means or culpable or negligent conduct of others under circumstances requiring investigation by a coroner's inquest, unless the inquest is held upon the written request of the 1 See form No. 14. |