surnames are given in the body of the inquisition, it is not necessary that the jurors should sign their names in full.1 Before attempting to insert the names of the jurors in the inquisition, it should be accurately ascertained what they are, and how spelt, in order that there may be no variance between the names in the caption and those in the attestation.2 9. The charge to inquire.-It is usual to state in the inquisition that the jury were charged to inquire, but this is not in strictness necessary. 10. The verdict.-The finding of the coroner's jury should be stated with legal precision and certainty, and must not be repugnant or inconsistent, and the charge should be direct and positive.* If the jury in their verdict think proper to comment on the conduct of parties towards one under their subjection who has committed suicide, the superior courts will not alter the finding on that account.5 Where a jury found the cause of death to have been disease, adding that it was accelerated by an overdose of certain drugs taken in excess, and improperly compounded, prescribed and administered by one F., as a cholera preventive, and that F. was deserving of severe censure for the gross carelessness displayed by him in such compound 1 Reg. v. Golding, 39 Q. B. 259. 23 C. & P. 414. 3 Ld. Raym. 710; 2 Hawk. P. C. c. 25, s. 126. 4 Jer. O. C. 281; Reg. v. Breden, et al., 16 U. C. Q. B. 487. 5 In re Millar, et al.; 15 U. C. Q. B. 244; Ex parte Scratchley, 2 D. & L. 29. ing and prescribing; the inquisition was brought up by certiorari by F., but the court refused to quash it, holding that the imputation which it contained, not amounting to any indictable offence, gave F. no right to have it quashed, and that under the circumstances public justice did not require the interference of the court.1 The verdict of the jury does not prevent the accused being tried for a higher or lesser offence. The principal parts requiring attention in the verdict will be treated of under the next three heads. 2 11. The party charged.—If the inquisition contain matter of accusation against a party, such party should, if known, be described by his christian and surname. The christian name should be such as he acquired at his baptism or confirmation, or at both. A second christian name cannot be added after an alias dictus ;3 but a person may, if he has acquired two christian names, be indicted. by both; and if they are misplaced, it is as much a misnomer as if other and different names were stated. The surname should be the one usually given to or acknowledged by the party; and if there is a doubt which one of two names is his real surname, the second may be added after an alias, adding the christian name to each.5 When the party is unknown, he may be described as a "certain person to the jurors afore 1 Reg. v. Farley, 24 Q. B. 384. 2 Co. Lit. 3; 6 Mod. 115, 116; Jer. O. C. 281. 3 Ld. Raym. 562; Willes, 554; 2 East, 111. 45 T. R. 195. 5 Bro. Misn. 47; Jer. O. C. 282. said unknown," adding, if possible, some description by which he may be designated, for no proceedings can be taken upon an inquisition charging a person unknown, without something by which to ascertain who the jury meant.1 If the name sounds the same it is no objection if it is misspelt. And the objection of one defendant, where several are named in the inquisition, will not abate the inquisition as to all, as it is several against each.3 An inquisition finding that the directors of a railway or other company, did "kill and slay," etc., without designating the directors by name, will be quashed.' 12. The Addition. The party charged should also be described by his addition or occupation; although the want of an addition or the stating a wrong one may be amended." 13. The Allegation of Time and Place.-The time and place when and where the party is charged with having committed the offence should be stated accurately if possible. The hour of the day need not be stated. But defects in stating the time and place may be amended. And it seems mention of the place is not absolutely necessary, where the venue is stated in the margin of the inquisition, 1 R. & R. 409. 210 East, 84; 16 East, 110. 32 H. P. C. 177; but see 32-33 V. c. 29, s. 71, and R. S. O. 1877, c. 79, s. 12, as to power of judge to amend. The Queen v. The Directors of the G. W. Railway Co., L. R. 20 Q. B. D. 410. 5 R. S. O. 1877, c. 79, s. 12. except perhaps in cases where local description is required.1 It was held no objection to an inquisition for murder, that the offence was stated to have been committed on "the 26th day June," omitting the word "of."2 If the offence is charged to have been committed on an impossible day, the inquisition is bad." The jury should point out the precise time at which the accident happened that caused the death of the deceased, and also the precise time at which the death took place." 14. The Description of the Act. The inquisition ought to contain a complete description of such facts and circumstances as constitute the crime without inconsistency or repugnancy.5 The charge must be distinct and substantive, and every fact and necessary ingredient must be stated, for it is not sufficient (in general) to charge the defendant generally with having committed the offence." There are, however, exceptions to this rule, amongst which are the principal crimes which come under the notice of coroners. For instance, in the case of offenders formerly called accessories before the fact, and aiders and abettors, it is not necessary to state the particulars of the incitement and solicitation, or of the aid and assistance. 1 R. S. O. 1877, c. 79, s. 12. 3 Reg. v. Mitchell, 7 C. & P. 800. 4 Reg. v. Brownlow, 3 P. & D. 52. And in 5 Reg. v. Breden, 16 U. C. Q. B. 487; 5 East, 244. 6 Jer. O. C. 286. 7 2 East, 4. cases of murder or manslaughter, it is sufficient (if murder) to charge that the accused person "did feloniously, wilfully and of his malice aforethought, kill and murder;" and (if manslaughter) "did feloniously kill and slay" the deceased. Impertinent and unnecessary allegations and useless circumstances of aggravation ought to be avoided. 2 The allegations must be made with certainty, and be stated positively, and not by way of recital,1 inference or argument, or the like. Statements should not be made in the disjunctive, or the inquisitions will be bad for uncertainty. For instance, "murdered or caused to be murdered," "wounded or murdered," "conveyed or caused to be conveyed," etc., would be bad. And the same if the party is charged in two different characters in the disjunctive." The charge must also be single. For a party cannot in general be charged with two or more offences in the same inquisition. So neither can two persons be charged with different and distinct offences. Offences of different degrees, but dependent one upon the other, may be charged in the same inquisition.5 If the jury find the cause of death was the act of any person, and there is something which excuses that person, the matter excusing him should be found also. For example, that the person was insane when he did the act. 12 Ld. Raym. 1363. 22 Hawk. P. C. c. 25, s. 58. 3 Jer. O. C, 289. 42 Ro. Rep. 263. 5 Jer. O. C. 299. |