could aspire to its attainment,1 and in the reign of Edward the Third a coroner was actually removed from the office because he was a merchant! It has, however, now fallen from such pristine dignity; and though still of great respectability, no qualifications are required beyond being a male of the full age of twenty-one years, of sound mind, and a subject of her Majesty, and possessing the amount of education and mental ability necessary for the proper discharge of the duties.2 These qualifications are no more than what all public officers by the common law are supposed, and ought, to possess. The coroner has often a very delicate and very important duty to perform, and it need hardly be said that the proper discharge of that duty depends almost entirely on his personal character and ability. Where these are deficient, scenes sometimes occur at inquests which throw discredit upon the office of coroner. Coroners in Ontario are not competent or qualified to be justices of the peace during the time they exercise their office. But an exception is made in territorial and temporary judicial districts, where stipendiary magistrates may be appointed coroners for such districts. And provincial coroners appointed in Ontario for holding fire investigations are justices of the peace for every county and part of Ontario by virtue of their office. And a stipendiary magistrate for any terri 2 13 Ed. I. c. 10. It is said a coroner ought to have sufficient property to answer all such fines and duties as belong to him. 8 R. S. O. c. 71, s. 8. 54 V. c. 37, s. 1, Ont. torial or temporary judicial district in Ontario may be a coroner for the district.1 Before acting as coroner, the oath of allegiance and the oath of office should be taken,2 since holding an inquest without taking these oaths would subject the coroner to a penalty, although his acts. would probably be legal. In Quebec.-No coroner in the districts of Quebec and Montreal can be a justice of the peace for the district wherein he is coroner during the time that he exercises his office.3 In Nova Scotia.-By R. S. N. S., 5th series, c. 75, s. 19, holding a tavern or shop license would disqualify a person from being a coroner in that province. And when an inquest is to be held in Nova Scotia upon the body of a person killed in a mine accident, no person having a personal interest in, or employed in, or in the management of the mine in which the explosion or accident occurs, or any relative of the deceased person, can act as coroner therein.1 5 In Prince Edward Island, coroners must reside in their respective counties. The oath of office and allegiance must be taken before the Lieut.Governor in Council, or the Lieut.-Governor, or before the chief justice of the Supreme Court, or any assistant judge of said court, or before any of the county court judges of the county. And the person administering the oath delivers to the 1 R. S. O. c. 71, s. 8. 2 See Forms, Nos. 2 & 4. See Act 1855, P. E. I. coroner a certificate under his hand, that the oaths were duly taken before him, and this certificate must be filed in the office of the provincial secretary before the coroner enters upon the duties of his office.1 In British Columbia, a coroner, before acting in his office, should take the oath of allegiance, and the oath of office, either before persons appointed by the Lieut.-Governor in Council for the purpose, or before a stipendiary magistrate, or justice of the peace. No fee is payable for administering these oaths. The oaths so taken are to be transmitted by the person administering the same to the provincial secretary, who files them in his office.* In Manitoba, coroners cannot be justices of the peace, but "under special circumstances and in view of the public convenience, and in the promotion of the public interest," the Lieut.-Governor in Council may, by special commission under the Great Seal, confer upon one and the same person the offices of coroner and justice of the peace; and during the time the person holds such commission he can exercise and perform the duties of both offices.5 SEC. 3.-MODE OF APPOINTMENT. In England, coroners are of several kindssuch as by virtue of office, by charter, privilege, or commission, by election, etc. Those by virtue of their office are, the Lord Chief Justice and the 1 39 V. c. 14, ss. 1, 2, 3 P. E. I. 2 See Form No. 3. See Form No. 5. R. S. B. C. 1888, c. 24, ss. 3, 4. R. S. M. c. 93, s. 8. other judges of the High Court, who are said to be sovereign coroners, and have jurisdiction in all parts of the realm.1 But in Ontario coroners must be specially appointed by the Lieut.-Governor by commission under the Great Seal;2 unless, indeed, the Chief Justice and the other judges of the Supreme and High Courts in Canada are sovereign coroners virtute officii, in a similar manner to the judges of the corresponding courts in England. One or more coroners are first appointed for each county, city and town and for any provisional judicial, temporary judicial, or territorial district, or provisional county, or for any portions of the territory of Ontario not attached to a county for ordinary municipal and judicial purposes. The appointments are generally made upon the recommendation of a member of parliament, or other person possessing influence with the executive. When one county separates from another the municipal law of Ontario requires the Lieut.Governor to appoint one or more coroners for the junior county, whose appointments take effect on the day the counties become disunited." With regard to the number of coroners for any county, city or town in Ontario there is no regulation. The number not being limited, the appointments are in part governed by the requirements of 1 2 Hale, 53. It is said that in some counties the clerks of the peace claim the right to retain in their custody the coroners' commissions. If the fees are paid and oaths taken, there is no authority for their doing this, unless the commission contains the names of more than one coroner, when it should not be given to any particular one, but should be retained by the clerk of the peace. R. S. O. c. 80, s. 1. R. S. O. c. 184, s. 46. the locality, and possibly in part by the energy shown by those seeking the office. In Ontario, "provincial coroners," for purposes of holding fire investigations, are appointed by the Lieut.-Governor in Council under the Great Seal.1 As to these coroners, see further at p. 29. The coroner, according to the definition at common law, is an officer of the king that hath cognizance of some pleas of the crown; but there are several duties imposed by statute. The tenure of office is during the Queen's pleasure and the coroner's residence within the province; but practically he holds office for life. Like other officers, he may be removed for several reasons, which will be further noticed under chapter V. In Quebec, the judges of the Court of Queen's Bench, crownside, are coroners in and throughout the province. In Nova Scotia, coroners are appointed by the Lieut.-Governor in Council. And in this province, in the absence of the coroner, an inquest may be held before a justice of the peace.* In this province coroners are sworn into office before a judge of the Supreme Court, or the warden of the county.5 In New Brunswick, under 54 V. c. 63, the Lieut.-Governor in Council may, from time to time, appoint such and so many coroners for the 1 54 V. c. 37, s. 1, Ont. Their power in proceeding to trial and indictment was taken away by Magna Charta, c. 17. * See the Commission Form, No. 1. R. S. Nova Scotia, 5th series, 1884, c. 17, ss. 1, 7. • Id., s. 1. |