not. The power of deciding who shall be present and who not, rests with the coroner, who, together with all persons who administer a public duty, has a right to preserve order in the place where it is administered, and to turn out whom he thinks fit, without rendering himself liable to an action of trespass.2

And the coroners' court being a court of record3 of which the coroner is a judge, this is in accordance with the ancient rule that no action will lie against a judge of record for any matter done by him in the exercise of his judicial functions.*

But however clear the power to exclude the public from inquests may be, and however proper for the sake of decency, or out of consideration for the family of the deceased, the exercise of that power in some instances may be, yet it should not be used in an arbitrary manner, nor for the mere sake of shewing a little authority. A coroner had far better err on the side of publicity, than in conducting his proceedings too secretly. When any one is excluded, it should be for a just cause, and after due consideration.

Should it become necessary, or proper, to exclude any one, the coroner should first request the party to leave the room, and on his refusal to do so,

1 Only those summoned, or who are suspected or interested in the result of the inquiry, or live in the neighbourhood where the body is found dead, at most have such a right. Jer. O. C. 241.

26 B. & C. 611; and see 10 B. & C. 237; and see judgment of Lord Abinger in Jewison v. Dyson, 9 M. & W. 585.

3 Some doubt is thrown upon this by Lord Abinger in his judgment. just cited. But see also the judgment of Hagarty, C.J., in Garner v. Coleman, 19 C. P. 106.

4 B. & C. 625, and ante, p. 50.

the constable should then be instructed to expel him, using no unnecessary violence.1

In Nova Scotia when the inquest is held on the body of a person who has been killed by an explosion or accident in a mine, and the majority of the jury think it necessary, the coroner must adjourn the inquest to enable the inspector or some other person properly qualified, appointed by the commissioner, to be present to watch the proceedings. At least four days notice in writing of the time and place of holding the adjourned inquest must be given to the commissioner.2

SEC. 3.-THE JURY, AND HOW SUMMONED.

3

Inquests held by coroners are expressly excepted from the operation of the Juror's Act, and coroners left to make all inquests by jurors of the same description as they were used and accustomed to do before the passing of that Act.

994

No qualification by estate is necessary for jurors on inquests, but they should be "lawful and honest men. Aliens, convicts and outlaws are not such, and if impanelled on the inquest, it seems the inquest may be avoided. They should be rejected by the coroner, although, strictly speaking, jurors upon inquests are not challengeable."

1 Agnew v. Stewart, 21 U. C. Q. B. 396, and post, s. 5, p. 226.

2 R. S. N. S. c. 8, s. 24.

3 R. S. O. c. 52, s. 138, and see Reg. v. Winegarner, 70 Ont. R. 208. 4 Lord Raymond, 1305.

52 H. P. C. 60, 155; Lamb Just. 391.

Mir. c. 1, s. 13; Brit. 6 a.

B.C.-14

Each juror should be able to write his own name sufficiently well to enable him to sign the inquisition, and any one summoned as a juror who cannot do so should be rejected if it is possible to do without him.

Jurors ought to be persons indifferent to the subject matter of the inquiry, and residents of the municipality or district where the body is found, although jurors taken from the body of the county cannot be objected to. Householders should be preferred.1

The jury upon inquests on prisoners ought to be a party jury, as it is called, that is, one-half prisoners (if so many there be) and the other half persons not prisoners, except when the prisoner was executed under sentence of law, in which case the jury must not be composed of prisoners confined in the gaol, or of officers of the prison.3

And in inquests upon fires, they are to be impanelled from among the householders resident in the vicinity of the fire.'

No person appears to be exempted from serving on coroners' juries, yet those who are exempted from serving on other juries had better not be summoned.5

The following persons are absolutely freed and exempted from being returned and from serving as

1 Fort. de Land, c. 25.

2 Umfrev. 212, 213.

3 55-56 V. c. 29, s. 944, Dom.

4 R. S. O. c. 217, s. 3.

5 See In re Dutton [1892] 1 Q. B. 486.

either grand or petit jurors in any of the courts of Ontario.1

1. Every person upwards of sixty years of age. 2. Every member of the Executive Council of Canada and of the Province of Ontario.

3. The secretaries of the Governor-General and the Lieutenant-Governor; and

4. Every officer and other person in the service of the Governor-General or Lieutenant-Governor for the time being.

5. Every officer of the Dominion or Provincial Government; and

6. Every clerk and servant belonging to the Senate and House of Commons and the Legislative Assembly, or to the public departments of Canada or of the Province of Ontario.

7. Every Inspector of prisons.

8. The wardens of the Provincial Penitentiary, the Central Prison and Reformatory.

9. Every officer and servant in the said Penitentiary, Central Prison and Reformatory.

10. Every judge of a court having general jurisdiction throughout Ontario.

11. Every judge of any county or other court (except the General Sessions of the Peace) having jurisdiction throughout any county in Ontario.

12. Every sheriff, coroner, gaoler and keeper of a house of correction or lock-up-house.

1 R. S. O. c. 52, ss. 6, 7, 8, 9, 10.

13. Every priest, clergyman and minister of the gospel recognized by law, to whatever denomination of Christians he may belong.

14. Every member of the Law Society of Upper Canada, actually engaged in the pursuit or practice of his profession, whether as a barrister or student.

15. Every solicitor of the Supreme Court of Ontario actually practising.

16. Every officer of any court of justice, whether of general, county, or other local jurisdiction, actually exercising the duties of his office.

17. Every physician, surgeon and apothecary, duly qualified to practise and being in actual practice.

18. Every officer in Her Majesty's army or navy on full pay.

19. The officers, non-commission officers and men of corps of volunteers, while they continue such.

20. Every pilot and seaman actually engaged in the pursuit of his calling.

21. Every officer of the post office, customs, and excise.

22. Every sheriff's officer and constable.1 23. Every county, township, city, town and village treasurer and clerk.

24. Every collector and assessor.

25. Every professor, master and teacher of any university college, collegiate institute, high school,

1A coroner's constable is admissible as a juror, but if it can be avoided it is better that he should not be sworn of the jury. See R. v. Winegarner, 17 Ont. R. 208.