Jurors are sometimes summoned verbally, but this can hardly be considered a compliance with the statute which says "duly summoned."

A warrant to summon the jury with a summons for each of at least twelve jurors should be given to the constable, and if it becomes necessary in order to make up a jury to select any persons from the audience, or who may be near at hand they should be served with a regular summons, care being taken to choose only residents of the county where the body is found.1

If a constable refuse or neglect to make a return of the service of jurors he can be fined before the judge of assize.2

In Nova Scotia, coroners are authorized by statute to personally, or by a constable to summon the jury. Where the inquest is on the body of a person killed by a mine accident in Nova Scotia, no person having a personal interest in, or employed in, or in the management of, the mine in which the explosion, or accident, occurs; or any relative of the deceased person can serve as a juror or as coroner, and if in the opinion of the inspector it will lead in such cases to a more thorough investigation, and will be more conducive to the ends of justice, he may require the constable, or other officer, to summon as jurymen, not more than three working men employed at any other colliery than

1 In re Dutton, 1892, 1 Q. B. 486.

22 Hale, 59.

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

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

that at which the accident occurred, who shall form part of the jurymen in such inquests.1

In Prince Edward Island, a coroner's jury consists of seven in number only, and the jurors must be summoned personally by the coroner, or by a constable furnished with a precept for the purpose. They are to be selected from the nearest inhabitants.3

In British Columbia, a jury must consist of not less than six persons. To avoid any uncertainty as to the meaning of the statute in this behalf, it is recommended not to summon more than eleven jurors, under any circumstances, and if six at least agree their verdict can be taken. Whatever number of jurors are summoned, six at least must agree to find a valid verdict, but if there are more than eleven jurors it would be questionable if a verdict of six only could be taken. If a juror does not appear and serve after being duly summoned and openly called three times, the coroner may impose a fine upon him not exceeding ten dollars, and by warrant under his hand, may by such person as he shall appoint, levy the amount with costs, by distress of the goods and chattels of the delinquent, the cost not to exceed those usually payable under distress for rent.5

In The North-West Territories, a coroner's jury need not exceed six persons, but six jurors at

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

2 See Form No. 16.

3 39 V. c. 17, s. 2, P. E. I.

4 R. S. B. C. 1888, c. 24, s. 6.

R. S. B. C. c. 24, s. 13.

least must agree to render the verdict valid.1 Whatever number are sworn on the jury the verdict must be that of the majority, but the majority must be composed of at least six persons.

In Newfoundland, inquests are held by stipendiary magistrates sitting alone without a jury, and there the office of coroner is abolished.2

SEC. 4.-THE WITNESSES, AND HOW SUMMONED.

Who are competent witnesses has already been considered in the chapter on Evidence.

All persons competent to give evidence who are acquainted with the circumstances connected with the subject matter of inquiry, should offer their evidence to the coroner, and if they do not, he has authority to issue a summons to compel their attendance, and to commit them should they refuse to appear, or, after appearing refuse to give evidence upon the subject of inquiry"; or he may fine them up to four dollars, which fine is enforced, &c., in the same manner as fines imposed upon jurors for non-attendance, as to which see the previous section."

4

The witnesses are summoned by giving a constable subpoenas" for them, which he must serve,

1 R. S. C. c. 50, s. 85.

238 V. c. 8, N. F.

3 See Form No. 29.

4 See Form No. 31.

5 See Form No. 38; 1 Chitty Cr. L. 164.

6 R. S. O. c. 80, ss. 5, 6; and see Form No. 23.

7 See Form No. 29.

and keep a memorandum of the service on each witness, in order to be able to prove it.

When the attendance of any person confined in any prison or gaol in Canada, or upon the limits. of any gaol, is required, the coroner must make an order upon the warden, or upon the sheriff, gaoler, or other person having the custody of such prisoner, to deliver him to the person named in the order to receive him.1

On the appearance of each witness the coroner should take down his name, abode and occupation, and then administer the oath that he shall speak the truth, &c.2 The witnesses should be sworn according to the peculiar ceremonies of their own. religion, or in such manner as they think most binding upon their consciences. A Jew is sworn upon the Pentateuch, a Turk upon the Koran, &c. And Quakers, Mennonists, Tunkers and United Brethren or Moravians and other witnesses who object on grounds of conscientious scruples to take an oath or are objected to as incompetent to take an oath are allowed to affirm as follows: "I solemnly affirm that the evidence to be given. by me shall be the truth, the whole truth, and nothing but the truth." This right of affirming is given under the Canada Evidence Act, 1893, s. 23, and only applies to witnesses. With regard With to coroners jurors the former practice must govern.5

1 See 55-56 V. c. 29, ss. 675, 680, Dom.

2 See Form No. 36; Umf. 177.

3 Mildrone's Case, Leach Cr. Ca. 412; Walker's Case, Leach Cr. Ca. 498.

4 See Form No. 36, and Can. Ev. Act, 1893.

555-56 V. c. 29, s. 675.

A juror must be sworn according to the usual form1 unless it is not binding on his conscience, in which case the oath should be administered in such form and with such ceremonies as he may declare to be binding upon him."

A witness who declines swearing on the New Testament, though he professes Christianity, may be allowed to swear on the Old Testament, if he considers that more binding on his conscience.3

The manner of administering the different oaths and their forms will be found mentioned in the appendix of forms, No. 36.

If any witness is a foreigner, unable to understand English, he must be examined through the medium of an interpreter, who must be sworn well and truly to interpret as well the oath to the witness, as the questions put to him by the court and jury, and his answers thereto."

The coroner must hear evidence on oath, not only on the part of the Crown, but for and against the suspected person, and "on all hands" if it is offered.5

After each witness is sworn, and his evidence reduced into writing by the coroner, it must be read over to him. Then ask him if it be the whole of the evidence he can give, and any additions or corrections he mentions should be noted.

1 See Forms 25, 26.

2 Walker's Case, Leach Cr. Ca. 498.

3 Edmunds v. Rowe, R. & M. 77.

4 See Form, No. 37.

52 Hale, 62, 157; Rex v. Scorey, 1 Leach C. L. 43; R. v. Colmer, 9 Cox C. C. 506.

6 R. v. Plummer, 1 C. & K. 600.