SEC. 10-PROOF OF DOCUMENTS.

The necessity for calling an attesting witness to instrumen's, the validity of which does not require attestation, has been done away with, and such instruments may now be proved by admission or otherwise as if there had been no attesting witness thereto.1

Inquests taken ex officio as by coroners acting under general commissions or appointment, seem to be admissible in principle without further evidence of authority than that they were acting as such officers.2

SEC. 11.-ADMISSIBILITY OF INQUISITIONS ETC. TAKEN

BEFORE CORONERS.

As to the admissibility of inquisitions and depositions and statements taken before coroners, the legal reader is referred to The Prince of Wales Ass. Co. v. Palmer, 25 Beav. 605; R. v. Gregory 8. Q. B. 508; Brookes v. Floyd, 13 L. T. N. S. 79; Reg. v. Mooney, 9 Cox, C. C. 411; Reg. v. Colmer, 9 Cox, C. C. 506; Rex v. Mills, 4 N. & M. 6, and the Canada Evidence Act, 1893, s. 10.3

155-56 V. c. 29, s. 696, Dom.

Roscoes N. P. pp. 110, 111. Lond. Law Monthly, Ed. 1890.

A mere outline of the rules of evidence which coroners will most commonly have to consider, has been attemped in the text. Further information on the subject of evidence can be found in the works of Taylor, Roscoe, Starkle, Powell, Phillips and others.

1. THE PLACE WHERE THE BODY IS FOUND.. 233 2. THE POSITION OF THE BODY....

235

3. THE MARKS AND SPOTS UPON THE BODY
AND CLOTHING

248

46 10. THE DEPOSITIONS....

11.-OBSTRUCTIONS-HOW PUNISHED.

46

6. THE DESCRIPTION OF THE DECEASED

7. WHERE THE BODY LIES...

249

268

272

273

274

275

275

276

276

276

277

277

278

278

279

280

8. THE JURORS AND THEIR FINDING UPON

OATH

9. THE CHARGE TO ENQUIRE

10. THE VERDICT..

11. THE PARTY CHARGED

12. THE ADDITION

13. THE ALLEGATION OF TIME AND PLACE.... 280

14. THE DESCRIPTION OF THE ACT

15. THE ATTESTATION.....

46 13. PUBLICATION OF PROCEEDINGS

46

14.-DEFRAYING EXPENSES

1 For the forms connected with this chapter see the Appendix.

281

284

285

286

SEC. 1.-WHEN AND WHERE HOLDEN.

When the coroner receives proper notice of a death having taken place under such circumstances as require investigation,' he should procure the necessary information on oath, and if within his jurisdiction proceed to hold his inquest forthwith, by issuing a precept or warrant 3 to summon a jury to appear at a particular time and place named. The inquest must be taken within a reasonable time after the death. Seven months has been held too late. But the time ought in each case to be governed by the state of the body.

It has been held that a coroner is not justified in delaying the inquest upon a body in a state of decomposition for so long a period as five days, in order that the body may be identified and buried and registered under the right name; and the mere fact that it has been placed in a mortuary can make no difference.5

If it is so far decomposed as to afford no information on view, the inquiry should be left to the justices of the peace. Still it is difficult to say when the body will afford no information, for in some instances the bones alone might point out the cause of death; and in some cases of poisoning, traces of the poison might be found long after the body was decomposed; yet, it is said, the

1 See p. 11.

See p. 12 and form No. 10.

3 See form No. 16, and see remarks upon the case of In re Berry, 9 Ir. R 123, on p. 44.

41 Stra. 22; 1 Salk. 377 and 235.

5 In re Hull, 9 L. R. Q. B. D. 689.

whole of the body should be inspected.1 However, in the comparatively few instances when a coroner is called upon to hold inquests long after the death has happened, he must govern his decision in this respect by a judicious consideration of all the facts he can learn with regard to each case.

.

When judgment of death is executed on a prisoner the inquest is to be held within twentyfour hours after the execution, and the jury at the inquest shall inquire into, and ascertain the identity of the body, and whether judgment of death was duly executed on the offender. And the inquisition in such cases must be in duplicate, and one of the originals must be delivered to the sheriff.2

When a prisoner dies in prison, otherwise than by hanging, in pursuance of a legal sentence, the coroner, when notified of the death by the proper officer of the prison, must proceed forthwith to hold an inquest upon the body.3

If the body has been buried, the coroner may lawfully take it up for the purpose of holding an inquest. It is a misdemeanor to bury a body, on which an inquest should be held, before or without sending for the coroner; and, if possible, the body ought not to be moved in any way until viewed by the coroner and jury.5

It is a misdemeanor to burn or otherwise so dispose of a body upon which an inquest ought to

1 R. v. Bond, 1 Stra. 22, and see pp. 18 and 51.

255 & 56 V. c. 29, s. 944, Dom.

3 R. S. O. c. 8, s. 3.

42 Haw. c. 9, s. 23; 4 M. S. Sum. 333.

51 Salk. 377.

be held, as to prevent the coroner from holding the inquest.1

The proceedings by inquisition, being judicial, must not be conducted on a Sunday in Ontario.2

It is not absolutely requisite that the inquest should be held at the same place where the body is viewed, provided it is taken within the same jurisdiction.3

In cases where a coroner has authority to act, the proceedings are in substance the same as before a grand jury.1

In olden days the impanelling of the coroner's inquest and the view of the body was commonly in the street, in an open place, and in corona populi; but in modern times it has become usual to hold the inquest in any convenient building.

In Nova Scotia, coroners are authorized to hold inquests on Sunday when it is necessary to do so.

SEC. 2.-WHO MAY ATTEND.

Much discussion has taken place as to whether the public have a right to attend inquests. It seems from the best authorities that they have

1 The Queen v. Price, L. R. 12 Q. B. D. 247; The Queen v. Stephenson, L. R. 13 Q. B. D. 331.

29 Co. 666; Dakins' case 2 Saund. 291a; Jer. O. C. 279; In re Cooper, et al., 5 Ir. R. 256; it is submitted that section 729 of 55 & 56 V. c. 29, Dom. does not apply to coroners' inquests.

32 Hawk. c. 9, s. 25; Latch. 166; Poph. 209, and see ante, p. 43.

4

♦ Regina v. Golding, 39 U. C. Q. B. 259 ; R. v. Ingham, 5 B. & S. 275;

Agnew v. Stewart, 21 U. C. Q. B. 396.

"Hist. of the Commonwealth, by Sir T. Smith, p. 96.

6 R. S. N. S. 5th Series 1884, c. 17, s. 3.