In British Columbia, the law is the same as in Ontario as regards summoning a medical practitioner, directing a post mortem, summoning a second medical practitioner, and as regards the disqualification of a medical man who is suspected of improper or negligent treatment of the deceased.1 The written request of the jury for a second medical witness must be attached by the coroner to his certificate for the payment of such medical witness, and the municipality in which the body is found must pay the fees as well as all other costs, fees, and expenses of and incidental to the holding of the inquest."

And in British Columbia, if a medical witness disobeys the coroner's order for his attendance at the inquest, he can be fined under the same circumstances as in Ontario, but the fine is not less. than $20 and not more than $100, to be recovered by complaint of the coroner, or of any two jurymen, made before any two justices of the peace, who must hear and adjudicate upon the same, and proceed as upon like cases in Ontario. See p. 251.3

SEC. 10. THE DEPOSITIONS.

The depositions or evidence must be taken on oath or affirmation in cases where affirmations are allowed, and in the presence of the party accused, if any such party there be and he can be appre

1 See p. 250; R. S. B. C. 1888, c. 24, ss. 7, 8, 9; and see forms, No. 33, 42. 2 R. S. B. C. 1888, c. 24, ss. 10-15.

R. S. B. C. 1888, c. 24, s. 12.

hended, and must be certified and subscribed by the coroner, and in Ontario caused to be delivered without delay,' together with the written information, if any, the recognizances, the statement of the accused, if any, and the inquisition, to the crown attorney for the county. Except when any person is charged with manslaughter or murder in any part of Canada, and the person or persons, or either of them affected by such verdict or finding, be not already charged with the offence before a magistrate or justice, then the coroner must by warrant under his hand direct that such person be taken into custody and be conveyed with all convenient speed before a magistrate or justice; or the coroner may direct such person to enter into a recognizance before him with or without a surety or sureties, to appear before a magistrate or justice; and in either case it shall be the duty of the coroner to transmit to such magistrate or justice, the depositions taken before him in the matter.3

Of course in these cases of manslaughter and murder, it will be impossible for the coroner to transmit the depositions to both the crown attorney (as required by the Ontario statute) and also to a magistrate (as required by the Dominion Act), but as criminal matters come more specially under the jurisdiction of the Dominion Parliament and the depositions, etc., will ultimately be sent by the magistrate in Ontario to the crown attorney, it

1 R. S. O. c. 79, s. 10, say "forthwith."

2 R. S. O. c. 79, s. 10.

3 55-56 V. c. 29, s. 568, Dom.

seems proper for coroners in these cases to follow the Dominion statute, and send the depositions, etc., to a magistrate. The reason for the Dominion enactment appears to arise from a further provision of the Criminal Code, 1892, whereby the old law under which a coroner's inquisition was considered equal to an indictment upon which the accused party could be tried, is changed. No one can now be tried upon a coroner's inquisition.1

With regard to the power a coroner has in these cases of manslaughter and murder, to direct the accused to enter into a recognizance to appear before the magistrate, it is not intended that such an option should be exercised in any very serious case. It should be used with great caution, and only where the inducement for the accused to escape, is small. Still greater caution should be exercised in taking a recognizance without sureties.

If a coroner who has taken an inquest happens to die, having the record in his custody, it seems that a certiorari may be directed to his executors or administrators to certify it.2

The better opinion now seems to be that the depositions taken before a coroner when the prisoner is not present, cannot be used as evidence against him.3

The depositions, if properly taken, will be sufficient evidence in case the witnesses are dead, unable to travel, beyond sea, or kept out of the way by the

1 55-56 V. c. 29, 642, Dom.

22 Keb. 750; Dyer, 163; 2 Rol. Abr. 629; 2 Inst. 421; Hawk. b. 2, c. 27, s. 39; Bro. Abr. Certiorari; 9 Bac. Abr. Certiorari.

3 R. v. Rigg, 4 F. & F. 1085; R. v. Wall, 2 Russ. C. & M. 893 n. (e)

Wells Cr. Pr. 210; 2 Phill. 109; Bull, N. P. 248.

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contrivance of the party to whom their testimony is adverse.1 But they cannot be received, though the witnesses are dead, unless it is proved that they were signed by the coroner. And before they can be received, evidence must be given that they are the identical papers taken before the coroner without alteration.3

In New Brunswick, it is the duty of all coroners and justices of the peace, to take down in writing the evidence at any inquest held by them, and the same, with the inquisition, must in all cases, except where a verdict of murder or manslaughter shall be rendered against any person, be immediately thereafter transmitted by such justice or coroner to the clerk of the peace for the county in which the inquest is taken, and the clerk of the peace is to file the same in his office. No fees for the inquest will be paid until after the coroner shall have filed the depositions except in the cases excepted.*

In cases of murder or manslaughter, when the person charged has not already been charged with the offence before a magistrate, the coroner must send him before a magistrate as previously stated.5

In Prince Edward Island, by a statute passed in 1836, coroners upon any inquisition taken before

11 Kel. 55; 1 Lev. 180; Phil. Ev. 166; R. v. Gutteridge, 9 C. & P. 471; R. v. Scaife, 1 M. & R. 551.

R. v. England, 2 Leach, 770, 771.

3 Kel. 55; Fost. 337; Hawk. b. 2, c. 46, s. 15; Phill. Ev. 162-5. But this paragraph must be considered by the legal profession in connection with Part 51, of 55-56 V. c. 29, Dom. What the precise effect of this part of the Criminal Code, 1892, may be upon the depositions taken before coroners seems doubtful. See also in this connection, s. 3, s-s. (j & l), 568, 642.

449 V. c. 27, ss. 1, 2, N. B.
555-56 V. c. 29, s. 568, Dom.

them whereby any person is accused of murder or manslaughter, or as an accessory to murder before the fact, are to put in writing the evidence given to the jury before them, or as much as shall be material, and they must certify and subscribe the evidence and all recognizances of the witnesses to appear at the trial, and also the inquisition.

In cases of murder or manslaughter when the person charged has not already been charged with the offence before a magistrate, the coroner must send him before a magistrate as previously stated.1

In Newfoundland, the proceedings on the enquiry and all depositions connected therewith must be transmitted to the Attorney or Solicitor-General for such further action as may be required.

SEC 11.-OBSTRUCTIONS-HOW PUNISHED.

3

It is a misdemeanour to interrupt or obstruct the coroner or his jury in the view or inquiry. And the coroner has also authority forcibly to remove any person offering obstruction to the due administration of his duties, without being liable to an action; or he may commit any person for a contempt, the effects of which tend to obstruct and impede him in the performance of his office. It is better, however, for coroners not to make use of this power, but to have the offending party punished for the misdemeanour.

1 55-56 V. c. 29, s. 568, Dom.

2 Umf. 123.

36 B. & C. 611; 1 Ld. Raym. 454; 1 Mod. 184; 2 Mod. 218.

4 Jer. O. C. 268.