workmen of the colliery at which the accident occurred, are at liberty to appoint a person to represent them at the inquest, and examine the witnesses, but subject to the order of the coroner. At such inquest the person so appointed whether a legal gentleman, or not, is entitled to be present.1

SEC. 6.-OPENING THE COURT.

On the day appointed, the coroner, constable, jurors and witnesses must all attend. The coroner having received the return of the jurors and warrant from the constable, endorses a return on the back thereof, which is signed by the summoning constable, thus:

"The execution of this precept or warrant appears in the schedule annexed.

"The answer of A. B., constable."

Annex a schedule containing the names of the jurors summoned, and shewing when and where each juryman was served.2

The warrant should be preserved and returned with the other papers by the coroner.

A sufficient number of jurors being present (that is not less than twelve in Ontario), the coroner now directs the constable to open the court by proclamation, and afterwards proceeds to call over the names of the jury, making a dash against the

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

2 See Form, No 19.

3 See Form, No. 21.

name of each as he appears. They are not challengeable, but an objection properly made may be admitted.1 When the court is opened no other persons should be allowed to act as jurymen than those already selected or summoned, nor should any of those selected be allowed to retire from the jury notwithstanding twelve or more may be left. If twelve of those summoned do not appear, a sufficient number to make up twelve can be summoned from the persons present or in the neighbourhood being residents of the city or county.

The jury being brought in view of the body, are requested to choose their foreman. After the foreman is chosen he is called to the book and sworn, the coroner first saying to the other jurors, "Gentlemen, hearken to your foreman's oath; for the oath he is to take on his part is the oath you are severally to observe and keep on your part."

After this the foreman is sworn,3 and then his fellows, by three or four at a time, in their order upon the panel, and it is better with the body still before them.5 The coroner then takes down on his papers the names in full of the foreman and jurors, and proceeds to call them over one by one, first saying, "Gentlemen of the jury, you will answer to your names, and say 'sworn' if you are sworn." The coroner now charges the jury, acquainting them with the purpose of the meeting. The jury

1 Umf. 185.

2 See Cox's Cr. Law Cases, Vol. IX. Part VI.

3 See Form, No. 25.

4 See Form, No. 26.

5 But see R. v. Ferrand, 3 B. & Ald. 260; R. v. Ingham, 5 B. & S. 257. 6 See Form, No. 27.

should then view and examine the body, the coroner drawing their attention to, and making observations upon, such appearances as call for notice.

SEC. 7.-VIEWING THE BODY.

This is an indispensable proceeding, as all inquests must be taken super visum corporis—that is, upon view of the body-the dead body itself being the first evidence offered to the jury. If, therefore, the body cannot be found, or is in such a state as to afford no evidence on inspection, an inquest is not to be held by the coroner, unless under a special commission for the purpose.1

As far as possible, the whole of the body should be available for inspection by the jury. If it has been buried, it should be entirely exhumed, to permit of a complete examination, if thought necessary, but it is not necessary that the jury should view the complete body, nor that the body should be entirely stripped for the view; but they should see some portion of it, and should have the opportunity of seeing the whole body if they so desire. In the Princeton murder case, the body of Benwell had been buried before being viewed by the coroner's jury, and the face only (it was reported) was uncovered, and the jury viewed that alone. If this report was true, such a proceeding, which precluded the possibility of the jury viewing the whole body, if they so desired, was hardly correct.

12 Hawk. P. C. 9.

The view must be taken at the first sitting of the inquest, and the coroner and jury must be all present together. The jury are not to view the body one by one, or the coroner at one time and the jury at another,1 but all must be present at one and the same time, in order that the observations of the coroner may be heard by all."

3

The view, too, must be taken after the jury are sworn, otherwise a material part of the evidence will be given when the jury are not upon oath. It is safer to swear all the jury at the same time and in view of the body. When viewing the body, its position and appearance, its dress and marks of violence, blood spots and marks of mud thereon, and the appearance of the surrounding earth or objects, should all be most minutely noticed. The skill and intelligence of the coroner and jury can here be shewn more than in the performance of any other part of their duties.

It is most important that the identification of the body should be clearly established, and the evidence as to this fully preserved; and if it is a case which will come before the criminal courts, it should be borne in mind that the identification of the body of the deceased must extend to its being that of the person with whose death the accused will be charged.*

1 In England, by statutes 6 & 7 V. c. 83, s. 2, the coroner and the jury need not all view the body at the same time, but in Canada we must still go by the old law as stated in the text.

21 Chit. Rep. 745 S. C.; 3 B. & A. 260.

3 R. v. Ingham, 5 B. & S. 257.

See in re Berry, 9 Ir. R. 123.

Where judgment of death is executed on any offender, the law requires that the jury inquire into and ascertain the identity of the body, and whether judgment of death was executed on the offender.1

Before making some general remarks upon the appearances to be noticed, it will be proper to caution persons who may be required to take part in inquests not to permit sudden prejudice to influence their minds. If there is anything unusual in the death, nothing is more common than for a suspicion of murder to arise at once, which, from repetition, easily becomes a belief in many minds. Popular inclination of this kind should be guarded against by the jurymen in particular.

The general appearances to be noticed when viewing the body may be considered under the following heads :3

1. The place where the body is found.

2. The position of the body.

3. The marks and spots upon the body and clothing.

4. The surrounding objects: their position and indications.

5. The bearing and conduct of the parties in attendance.

1 55-56 V. c. 29, s. 944, Dom.

22 Beck, p. 3.

3 Mich of the information given under these heads is taken from the Upper Canada Law Journal for February, 1856.