Inquests on and on Lunatics in to him that there is reason to believe that such deceased person *died suddenly or from violence or unfair means, or by culpable or negligent conduct, either of himself or others, and also whenever the Coroner considers that the circumstances relating to any death require investigation. (5 of 1876, s. 186.) 195. Whenever any prisoner, or any person confined in any all Prisoners Lunatic Asylum, shall die from whatsoever cause, the Coroner of the District shall invariably hold an Inquest. No officer of any Prison or Lunatic Asylum nor any prisoner shall be a Juror on such Inquest. (5 of 1876, s. 187.) Asylums. Inquests to be held by Coroner of place where body lying. Powers of &c. 196. The Coroner only within whose jurisdiction the body of any person shall be, upon whose death an Inquest ought to be holden, shall hold the Inquest, notwithstanding that the cause of death arose elsewhere and if any body is found in the sea, or in any river, creek, or navigable canal within the flowing of the sea, or in any inland waters, the Inquest shall be held by the Coroner within whose jurisdiction the body is first brought to land. (5 of 1876, s. 188.) 197. If any person is charged with the murder or manslaughter commitment, of such person, as principal or accessory, the Coroner holding the Inquest and the Court for the Province in which it is held, shall have the same powers for the commitment, trial, and execution of the sentence of any person so charged as they would have had if the cause of death had arisen within the said Province and the District of the said Coroner. (5 of 1876, s. 189.) Coroner may postpone Burial till 198. The Coroner may prohibit the burial of any body in his District until an Inquest shall have been held. An Inquest may after Inquest. lawfully be held, and every act in relation to the holding of Inquests shall be lawfully done, on any Sunday or Holiday. (5 of 1876, s. 190.) Coroner may direct postmortem examinations. POST-MORTEM EXAMINATIONS. 199. If any Coroner considers it necessary, with a view to investigating the circumstances of the death of any person, to obtain a Medical Report of the appearances of the body, and as to the conclusions to be drawn therefrom, he may direct any duly qualified Medical Practitioner resident in his District to make a post-mortem examination of the body and to report: provided that no such Practitioner shall be required to travel for such purpose to any greater distance than three miles from the place of his residence for the time being. (5 of 1876, s. 191.) As to meaning of "died suddenly," see Consolidated Regulation 23, Appendix A., Supreme Court Ordinance, 1876. See Consolidated Regulations 26 and 27, Appendix A., Supreme Court Ordinance, 1876. Practitioner mortem exa 200. Every Medical Practitioner so directed shall (unless he Medical immediately procures the services of some other Medical Practi- shall imtioner to perform the duty), immediately upon the receipt of such mediately direction, proceed to the place where the dead body shall be, and make postshall make a post-mortem examination thereof, with a view to deter- mination and mine therefrom the cause of the death, and to throw all the light Report. upon the circumstances connected with the death that such an examination can supply, and shall report in writing to the Coroner stating the appearances of the body, and the conclusions which he draws therefrom touching the death of such person. The examination shall extend, when the Medical Practitioner considers it necessary, but not otherwise, to such dissection of the body as he thinks requisite. Such report shall be primâ facie evidence of the facts therein stated. (5 of 1876, s. 192.) of Medical 201. Every Medical Practitioner shall be entitled, for services Remuneration connected with Inquests, to the remuneration stated in the Appen- Practitioners. dix B of the Supreme Court Ordinance. But no Medical Practitioner in Government employ shall be entitled to be paid for services rendered by him at any Inquest on a prisoner or person confined in a lunatic asylum, except a fee of one guinea for a postmortem examination made at the Coroner's request. (5 of 1876, s. 193, and 7 of 1879, s. 1.) PROCEDURE AT THE INQUEST. How 202. The Jury upon any Inquest shall consist of twelve, or any Composition lesser number not being less than five, persons, who may be taken of Jury: from the Jurors' List for the District, or be persons dwelling near Summoned. the place where the Inquest is held, though not on the List. Every Juror shall be sufficiently summoned, if he be required verbally to attend by the Officer executing the summons, and the summons be shown to him; the Officer shall endorse a memorandum on the back of the summons stating the place and time of service. (5 of 1876, s. 194.) 203. If any person so summoned fails to attend and serve as a Penalty on Juror, he shall incur the like penalty as a Juror summoned and Failure to failing to attend and serve at any Assizes. (5 of 1876, s. 195.) Serve. 204. Before any evidence is taken every Juror shall take an Juror's Oath. oath, which may be in the following form: You shall well and truly try and inquire for and on behalf of our Sovereign Lady the Queen, when, how, and by what means A. B. [or a certain person whose name is unknown], of whose body you shall have the view, came to his death, and a true verdict give according to the evidence; So help you God. (5 of 1876, s. 196.) Adjournment. Coroner to take Depositions of Witnesses. How Verdict taken. 205. The Coroner may adjourn any Inquest to a future hour or day, and to the same or another place, as may be necessary, taking the recognizances of the Jurors to attend at the time and place appointed, and notifying to the witnesses when and where the Inquest will be proceeded with. (5 of 1876, s. 197.) 206. The depositions of every witness shall be taken in writing by the Coroner, in the same manner, as nearly as may be, as the depositions in the investigation of any charge preliminary to Trial on Information. (5 of 1876, s. 198.) 207. When all the evidence offered, or which can be obtained, is closed, the Coroner shall sum up the evidence and take the verdict of the Jury. The verdict, which may be that of a majority of the Jurors present, shall then and there be reduced to writing, and signed by the Jurors and countersigned by the Coroner. (5 of 1876, s. 199.) Coroner may to Arrest any suspected Person. RESPECTING ACCUSED PERSONS. 208. If it appears to the Coroner, from any charge made preissue Warrant vious to the Inquest, or from the evidence of any witness thereon, that there is reason to suspect any person of being guilty respecting the death of the deceased, or if a verdict of murder or manslaughter, or as accessory to murder, be found against any person, the Coroner shall issue his warrant for the arrest of such person, and for bringing him before the Coroner and Jury, or before the Coroner in case the Inquest shall have terminated. (5 of 1876, s. 200.) Proceedings hension of Accused Person. 209. Upon such person being brought before the Coroner, or upon Appre- the Coroner and Jury, if the Inquest shall not have terminated, the witnesses who shall have given evidence shall be re-examined in presence of the accused person, so far as their statements are material, and may be cross-examined by the accused, and the procedure shall be the same in all respects touching the examination of the witnesses, the interrogation of the accused by the Coroner, and the calling and examination of witnesses on behalf of the accused if he so desires, and the binding the witnesses by recognizance and otherwise, as in any other case of a person being charged with an offence which may be tried upon Information. (5 of 1876, s. 201.) Coroner to Trial or not, 210. Whatever verdict may be returned by the Jury, the Coroner shall commit any accused person for trial or discharge him, according to his own deliberate judgment, whether in conformity with the verdict or not, recording briefly on the Minutes in the latter case the reasons of his decision; and such commitment or discharge shall have the like effect and be subject to the like incidents in all respects as any other case of the commitment or discharge of an accused person upon investigation of the charge. (5 of 1876, s. 202.) 211. Every Inquisition, including the depositions and the Return of statement of the accused, and the recognizances of witnesses, if any, Inquisitions. shall be transmitted by the Coroner, with all convenient despatch, to the Supreme Court, and in case a verdict shall have been found against any person, or any person shall have been committed for trial, an authenticated copy of the Inquisition, depositions, and statements of the accused, shall be transmitted to the AttorneyGeneral. (5 of 1876, s. 203.) ORDERS and RULES under Ordinance No. 5 of 1876. 4th day of April, 1877. WHEREAS by an Ordinance entitled No. 5 of 1876, "An Ordinance Offences to be to make provision in relation to Criminal Law and Procedure," tried by Jury. it was, amongst other things, enacted that the Governor in Council may from time to time provide by order for appropriating any offence or class of offences not punishable by death to be tried with a jury, and may alter, revoke or amend any such order, and that such orders may apply to trials taking place in particular districts or places, or generally throughout the jurisdiction of the Court: Now, therefore, the Governor by and with the advice of the Executive Council, and in virtue of the authority committed to him by the said Ordinance, doth order, and it is hereby ordered that where an information shall have been filed for any offence included in the enumeration after written, and the trials shall be had at Lagos, such offence shall be appropriated to be tried with a jury; that is to say: Any offence of arson under common or statute law. Any offence of counterfeiting or altering money, uttering or bringing into circulation counterfeit or altered money or any other offence under the Imperial Act 24 and 25 Victoria, chapter 99, or any Act amending or substituted for the same. Any offence of attempting to commit or of aiding and abetting or being accessory before or after the fact to any of the offences herein before enumerated: Provided that where a person is charged with any of the offences herein before directed to be tried with a jury, or with any offence not directed to be so tried, and part of the charge is not proved but the part which is proved amounts to a different offence, he may be convicted by the jury or by the Court with Assessors as the case may be, of the offence which he is proved to have committed. Short title. Application of Lands required for public service chased or taken: shall be vested in Colonial Secretary in trust for Her No. 8 of 1876. AN ORDINANCE regulating the acquisition and vesting of [19th April, 1876. Whereas it is expedient that provision should be made for regulating the acquisition of Lands required for the Service of the Colony of Lagos and the method of holding such Lands; Be it enacted by the Governor of the Colony of Lagos, by and with the advice and consent of the Legislative Council thereof, as follows: 1. This Ordinance may be cited as "The Public Lands Ordinance, 1876." 2. This Ordinance shall extend to the whole of the Colony and Protected Territories. 3. Subject to the provisions of this Ordinance, it shall be lawful for the Colonial Secretary to agree with the Owners of any Lands may be pur- required for the service of the Colony and with all parties having any estate or interest in such Lands for the absolute purchase for a consideration in money of such Lands or such parts thereof as he shall think proper, and of all estates and interests in such Lands of what kind soever and also to take and acquire any Lands required for such service, paying such reasonable compensation therefor as may be due to the Owners thereof, or parties having interest therein, and all Lands so purchased or taken shall be conveyed or surrendered to and become vested in and held by the Colonial Majesty. |