In particular cases, certain words of a technical character must be used, or else the inquisition will be bad. These words are reduced to few in number by the present law. When drawing up an inquisition for any felony, the word "feloniously " must be inserted; for instance, in describing the offence of manslaughter, it is necessary to state "did feloniously kill and slay." Again, in charg“did ing a person with murder, in addition to the word feloniously, the actual word murder must be used.1 The word kill, or any other of the same meaning will not suffice. Also, in this case and that of felo de se, the words malice aforethought must be inserted "feloniously and of his malice aforethought." As the offence of felo de se admits of no degrees, it is not necessary to state the party murdered himself, but a word of similar meaning may be employed. Formerly there were several more words, and there were even sentences essential to the validity of coroners' inquisitions, such as "with force and arms," " against the peace of our Lady the Queen," etc., etc.; but these have been got rid of, either by the express provisions of 32-33 V. c. 29, or by the powers of amendment now vested in the courts.3

1 Fost. C. L. 424; 2 H. P. C. 184.

2 Plowd. 255; 1 Saund, 356: 1 Keb. 66; 1 Salk. 377; 7 Mod. 16.

3 Much of this whole section is left as it stood in the second edition of this work, which was published long before the Criminal Code, 1892, was passed. By the Criminal Code, c. 174, R. S. C. (which was a consolidation of 32-33 V. c. 29) is repealed, and a consolidation of c. 174, enacted, but this consolidation does not apply to inquisitions, as will be seen by reference to s. 3, s-s. (j) and s-s. (1) on page 33 of the Code, and the result seems to be, there is no act corresponding now in force in the Dominion of Canada. In this view of the law, it has been thought better to leave the section as it originally stood, for it seems safer for coroners to follow the old law for the present.

15. The Attestation.—This is an essential part of the inquisition. Underneath it the coroner and jurors sign their names opposite seals, and the coroner adds his office, thus:

"A. B., Coroner, County of”

The coroner and all the jurors should sign their names with ink and in full, and not by initials,2 although if their names are stated in full in the caption it has been held unnecessary for their names to be in full at the end.3

Unless all the jurors sign the inquisition there may be trouble in obtaining payment for the inquest, since it was held in England that a coroner was not entitled to be paid under 25 Geo. II. c. 29, unless the inquisition was signed by all the jurors.1

A person who cannot write his name should not be sworn as a juror if it can be avoided.

There is now an express authority that the inquisition need not be sealed, but the practice of sealing is universal, and had better not be departed from.5 Affix a separate seal for the coroner and for each of the jurymen.

If it is necessary to accept jurors who sign with their marks, such marks ought to be verified by an attestation. But a juror who has put his mark

1 See Form, No 75.

2 Rex v. Evett, 6 B. C. 247; Rex v. Bowen, 3 C. & P. 602.

* Jer. O. C. 297; Reg. v. Golding, 39 Q. B. 259; Rex v. Bennett, 6 C.

& P. 179.

4 Rex v. Norfolk (Justices), 1 Nolan, 141.

See Reg. v. Winegarner, 17 O. R. 208.

6 Rex v. Bowen, 3 C. & P. 602; Reg. v. Stockdale, 8 D. P. C. 517.

must be taken prima facie to have done so in the presence of the other jurors.'

If several persons on an inquest have the same christian and surname it is not necessary in the caption, or the inquisition, to distinguish them by abode or addition. But it is proper to give the addition or occupation of each juror in the caption.

If an inquisition states it to have been taken on the affirmation of a man, it should state that man objected, or was incompetent to take an oath, or was objected to as incompetent to take an oath, in order to show he is a person entitled to affirm.3

In a case in which the depositions of the witnesses, the finding of the jury and the signatures of the coroner and jury, were all written in pencil, MACMAHON, J., remarked that this was "unexcusable carelessness on the part of one clothed with the important functions devolving upon a cor

Coroners should keep copies of all inquisitions, in order to be able to make their returns to the proper officers.5

SEC. 13.-PUBLICATION OF PROCEEDINGS.

Strictly speaking, it is unlawful to publish a statement of the evidence before a coroner's jury,

s. 23.

1 Lewin's Case, 2 Lewin C. C. 125.

2 Rex v. Nicholas, 7 C. & P. 538.

3 Rex v. Polfield, 2 D. P. C. 469; The Canada Evidence Act, 1893,

Reg. v. Winegarner, 17 O. R. 208.

* See page 29.

as long as the proceedings are pending at least;1 and one who is aggrieved by the publication may obtain redress by civil action for the injury sustained, or the publishers may be punished by indictment or criminal information.3 But with the present "liberty of the press," a fair and honest publication of the proceedings, without being accompanied by unfounded or unjust comments, would hardly meet with much discountenance from the courts.

SEC 14.-DEFRAYING EXPENSES.

For list of fees see Chap. XIV.

In Ontario the expenses of an inquest are supposed to be paid by the coroner, who afterwards can present his account to the county treasurer for payment. In practice, however, each person having a claim for services rendered in connection with an inquest, makes out his own account, and after getting it certified as correct by the coroner,* and attaching an oath as to its correctness, leaves it with the clerk of the peace, in duplicate.5

The accounts should be rendered on or before the first days of January, April, July and October, in every year."

There is no provision in Ontario for defraying the expense of an analysis when not made by

1 Rex v. Fleet, 1 B. & Ald. 379 ; Rex v. Fisher, 2 Camp 563; R. v. Lee

5 Esp. 123; Duncan v. Thwaites, 3 B. & C. 556.

4

23 B. & C. 556; 4 B. & A. 218; 5 D. & R. 447, s. c.

3 Jer. O. C. 269.

* See Form, No. 73.

5 See Form, No. 70.

6 R. S. O. c. 81, s. 6.

a medical witness; and, as previously stated, it is necessary for the coroner to obtain the sanction of the Attorney-General, in order to have the amount paid by Government. When, therefore, a coroner finds an analysis will be necessary, he should at once apply to the Attorney-General for such sanction, and he should state that he has done so to the chemist, in order to prevent any delay on his part.

There is also no direct provision in Ontario for defraying the expense of burying persons who have no friends or property available for the purpose, but if the coroner issues his warrant to bury the body, all proper acts done in pursuance of that warrant ought to be paid by the Government, and if not so paid, the county authorities should sanction the amount being paid out of the county funds.1

When a body has been exhumed under a coroner's warrant, there is a sum of $2 allowed for re-burying the body, and it may be assumed that a like sum will be allowed for all interments ordered by the coroner.

Each coroner's account must have attached thereto a declaration in writing under oath, and sworn to before his warrant summoning the jury was issued, stating that from information received by the coroner, he was of opinion that there was reason to believe that the deceased did not come to his death from natural causes, or from mere acci

When the body of a deceased person has been found publicly exposed in Ontario, the coroner, if there is no inspector of Anatomy for the locality, is required to cause it to be interred, as the Act says, "As has been customary." See R. S. O. c. 149, s. 7.