SEC. 12.-THE INQUISITION.

The inquisition or written statement of the verdict or finding of the jury, when it contains the subject matter of accusation, is not now equivalent to the finding of a grand jury, and the parties charged cannot be tried upon it. Formerly the inquisition was required to be on parchment, but this is not now necessary.2

The inquisition should be pleaded with the same strictness and legal precision as indictments.

3.

It does not appear when this formal inquisition should be drawn up, but it had better in all cases: be completed before the jury are dispersed.1

An inquisition on the body of a criminal who has been executed under a legal sentence must be in duplicate, and one of the originals is to be given to the sheriff.5

The inquisition consists of three general parts: the caption or incipitur, being all that part which begins the inquisition, and immediately precedes. what is called the verdict or finding of the jury; the verdict or finding of the jury' being that part which immediately follows the caption and precedes the attestation; and the attestation or conclusion.*

The contents of each of these parts may be particularly noticed, a familiar knowledge of them.

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

2 Reg. v. Golding, 39 Q. B. 259; 55-56 V. c. 29, s. 608, Dom.

Jer. O. C. 271.

being requisite in drawing up inquisitions, although many defects of a technical character, in inquisitions which formerly would have rendered them bad, may now be amended either by the superior courts or a judge thereof, or by a judge of assize or gaol delivery.1

They are

1. The venue.

2. The place where holden.

3. The time when holden.

4. Before whom holden.

5. The view.

6. The description of the deceased.

7. Where the body lies.

8. The jurors, and their finding upon oath.

9. The charge to inquire.

10. The verdict.

11. The party charged.

12. The addition.

13. The allegation of time and place.

14. The description of the act.

15. The attestation.

1. The Venue, or name of the county where the body lies dead and the inquisition is holden, should be inserted in the margin of the caption, thus:

County of Simcoe,

TO WIT:

}

An inquisition," etc.

The name of the county or city must be either in the margin or in the body of the caption, but

1 R. S. O. 1877, c. 79, s. 12. This section is not consolidated in the revision of the Ontario statutes of 1887, nor is it repealed.

the usual and better practice is to insert it in both.1

2. The place where holden -The place at which the inquisition is holden must appear on the face of the inquisition. If no place is stated,3 or if the place stated is not shewn with sufficient certainty to be within the jurisdiction of the coroner' it is insufficient.5

3. The time when holden.-The inquisition must specify the day upon which it was holden, in order to show that the inquiry was recent, and was not held upon a Sunday, in which case it would be void. The day only need be stated without the hour. If the day stated be an impossible one, as the 30th of February for instance, the inquisition is bad."

If there are adjournments it is better to set them all out in the caption, although it is sufficient to describe the inquisition as being held on the first day of the sitting, since in law the inquisition is considered as holden on one day when actually held on different days.8

The time should be stated in the present tense." The year of the Queen's reign, without adding the year of our Lord, is sufficient; or the year of

1 2 Hale, P. C. 166.

22 H. P. C. 166; 2 Ld. Raymond, 1305; Rep. 66 (b); s. 729 of 5556 V. c. 29, Dom., does not appear to apply to inquests.

3 Dyer, 69.

4 Cro. Jac. 276, 277.

52 Hawk. P. C. c. 25; and see Reg. v. Winegarner, 17 O. R. 208.

62 Saund. 291.

71 T. R. 316.

8 Jervis, O. C. 246; Reg. v. Winegarner, 17 O. R. 208.

92 Hawk. P. C. c. 25, s. 127.

our Lord, without adding the year of the Queen's reign, will suffice. Numbers should not be expressed by figures, but by words at length,' or at least in Roman numerals.2

4. Before whom holden.-The name and office of the coroner must be stated, in order that it may appear that the inquisition was taken before a court of competent jurisdiction. Also the place for which he is coroner.3

The names in full (not by initials) of all the jurymen should also be stated and that they were sworn and are good and lawful men of the county or city.

5. The view. The inquisition must state that the inquiry was taken on view of the body, or it will be bad.1

6. The description of the deceased. Both Christian and surname of the deceased, either his real name or that by which he was usually known should be stated accurately, if known.5

If the name be unknown, he may be described as a person to the jurors unknown; but such a description would it seems be bad if he were known.6

No addition or occupation of the deceased is necessary, nor need the deceased be distinguished

7

12 Hawk. P. C. 170.

21 Str. 26.

322 Ed. IV. 13, 16; Sum. 207; S. P. C. 96; 2 Ld. Raymond, 1305.

4 Jer. O. C. 277.

52 Hawk. P. C. c. 25, ss. 71, 72.

63 Camp. 264; Holt. C. N. P. 595; 2 H. P. C. 281.

72 H. P. C. 182.

from another person of the same name by the addition of "the younger. A name of dignity, however, as baronet or knight, which is actually a part of the name and not merely an addition, should be stated. But an imperfect addition where none is necessary, would not render the inquisition defective.2

The courts in Ontario it seems may have certain powers of amending inquisitions as to which see R. S. O. 1877, c. 79, s. 12; which section was not consolidated or repealed by R. S. O. 1887.

7. Where the body lies.-The place where the body lies must be stated to show the jurisdiction of the coroner, and that he has power to take the view. And the place where the death happened or where the body was found should also be stated.*

3

So

8. The Jurors, and their finding upon oath.The inquisition must show that all the jurors took the oath, and who they are, by name; and therefore it is insufficient to allege that it was taken by the oaths of the several persons underwritten," or of so and so (naming one or two) and others. it must expressly appear that the jurors are from the county or jurisdiction within which the inquisition is holden; that they are at least twelve in number in Ontario, and present the inquisition upon their oaths. If their christian names and

13 B. & A. 579.

22 C. & P. 230.

3 Jer. O. C. 279,

4 Reg. v. Evett, 6 B. & C. 247.

56 B. & C. 247.

62 H. P. C. 168

72 Hawk. P. C. c. 25, s. 126.