Return of Convictions made by me (or us, as the case may be) in the month of, 18 If not paid, why not, and Penalty for Peace neglect And the Justices to whom any such moneys may be afterwards paid, shall make a Return of the receipts and application thereof, to the next General Quarter Sessions, which Return shall be filed by the Clerk of the Peace, with the records of his office. 4, 5 V. c. 12, s. 1. 2. In case the Justice or Justices, before whom any Justices of the such conviction takes place or who receives any such moing to comply neys, neglect or refuse to make such return thereof, or in with the provi- case any such Justice or Justices wilfully make a false, sions of this Act. Actions for penalties under this Act limited to six months after cause. partial or incorrect return, or wilfully receive a larger amount of fees than by law authorized to be received, in every such case, such Justice or Justices, and each and every of them so neglecting, or refusing, or wilfully making such false, partial or incorrect return, or wilfully receiving a larger amount of fees as aforesaid, shall forfeit and pay the sum of eighty dollars, together with full costs of suit, to be recovered by any person who sues for the same by action of debt or information in any Court of Record in Upper Canada, one moiety whereof shall be paid to the party suing, and the other moiety into the hands of Her Majesty's Receiver General to and for the public uses of the Province. 4, 5 V. c. 12, s. 2. 3. All prosecutions for penalties arising under the provisions of this Act, must be commenced within six months next after the cause of action accrues, and the same shall be tried in the County wherein such penalties have been incurred, and if a verdict passes for the Defendant, or the Plaintiff becomes nonsuit, or discontinues the action after issue joined, or if upon demurrer, or otherwise, judgment be given against the Plaintiff, the Defendant shall recover his full costs of suit, as between Attorney and Client, and shall have the like remedy, for the same, as any Defendant hath by law in other cases 4, 5 V. c. 12, s. 3. made to Quar 4. The Clerk of the Peace of the County in which any such Clerk of the returns are made shall, within seven days after the adjournment fish and put up Peace to pubof the next ensuing General Quarter Sessions, cause to be in Court House published the said returns in one public Newspaper in the the returns so County, or if there be no such Newspaper, then in a ter Sessions. Newspaper of an adjoining County, and shall also fix up in the Court House of the County, and also in a conspicuous place in the Office of such Clerk of the Peace, for public inspection, a Schedule of the returns so made by such Justices; and the same shall continue to be so fixed up, and exhibited until the end of the next ensuing General Quarter Sessions of the Peace, and for every Schedule so made and exhibited by the said Clerk of the Peace, he shall be allowed in his accounts with the said County, the Fee of four dollars, besides Fee for so dothe expense of publication, all of which shall be paid by the Treasurer thereof. 4, 5 V. c. 12, s. 4. ing. Minister of 5. The Clerk of the Peace of each County within twenty Copy of returns days after the end of each Quarter Sessions of the Peace, shall to be sent to transmit to the Minister of Finance of the Province a true copy Finance. of all such returns made within his County. 4, 5 V. c. 12, s. 5. aggrieved of 6. Nothing herein contained shall exonerate Justices of the This Act not to Peace from duly returning to the General Quarter Sessions of dispense with other necessary the Peace of their respective Counties, any convictions, or returns or to records of convictions, which are by Law required to be so deprive persons returned, or to prevent any person aggrieved, from prosecuting by the right to proIndictment, a Justice of the Peace, for any offence, the com- of the Peace mission of which would subject him to Indictment at the time liable to be inof the passing of this Act. 4, 5 V. c. 12, ss. 6, 7. SHERIFFS TO MAKE RETURN OF FINES LEVIED. secute a Justice dicted for any offence. terly accounts 7. Every Sheriff shall, quarterly and within twenty days Sheriffs to after the expiration of each quarterly period, transmit to the transmit quarMinister of Finance of the Province a just, true and faithful ac- to Minister of count, to be verified upon oath, of all fines, penalties and for- Finance. feitures, which he has been required and commanded to levy and make by any lawful authority, and of the receipt and application of the same, or of the reason why the same have not been received and applied, and each Sheriff shall pay over to the proper officer or person lawfully entitled to receive the same, the several sums collected by him as aforesaid, within twenty days next after the expiration of the period within which the same have been collected; and every Sheriff neglecting or refusing to transmit such quarterly account, or to pay over any such sum of money within the period hereby prescribed, shall incur and be subject to the like penalty, and may be sued for the same in the same manner as is herein before provided and delared with regard to Justices of the Peace neglecting or refusing to make the returns required by this Act. 4, 5 V. c. 12, s. 8. САР. In what cases only inquests shall be held. Proceedings in case of the death or person confined in a Lu of any prisoner natic Asylum. " Penalty on persons summoned to attend in. attending. CAP. CXXV. An Act respecting Inquests by Coroners. ER Majesty, by and with the advice and consent of the follows: H Legislative Council and Assembly of Canada, enacts as 1. No Inquest shall be held on the body of any deceased per son by any Coroner until it has been made to appear to such Coroner that there is reason to believe that the deceased died from violence or unfair means, or by culpable or negligent conduct, either of himself or of others under such circumstances as require investigation and not through mere accident or mischance. 13, 14 V. c. 56, s. 1. 2. But upon the death of any prisoner, or of any Lunatic confined in any Lunatic Asylum, the Warden, Gaoler, Keeper or Superintendent of any Penitentiary, Gaol, Prison, House of Correction, Lock-up house, House of Industry or Lunatic Asylum in which such prisoner or Lunatic dies, shall immediately give notice thereof to some Coroner of the County or City in which such death has taken place, and such Coroner shall proceed forthwith to hold an Inquest upon the body. 13, 14V. c. 56, s. 2. 3. If any person, having been duly summoned as a juror to serve, or as a witness to give evidence upon any Coroner's Inquests and not quest, does not, after being openly called three times, appear and serve as such juror, or appear and give evidence as such witness, the Coroner may impose a fine upon the delinquent person not exceeding four dollars; and shall thereupon make out and sign a certificate, containing the name, residence and trade or calling of such person, the amount of the fine imposed, and the cause of the fine, and shall transmit such certificate to the Clerk of the Peace of the County in which such person resides, on or before the first day of the Quarter Sessions of the Peace then next ensuing, and shall cause a copy of such certificate to be served upon such person by leaving it at his residence, within a reasonable time after the Inquest. And how enforced. Former powers of the Coroner 4. The fine so certified shall be estreated, levied and applied in like manner, and subject to the like powers, provisions and penalties in all respects, as if it had been part of the fines imposed at such Quarter Sessions. 5. Nothing herein contained shall affect any power otherwise not to be net by law vested in any Coroner for compelling any person to ap pear and give evidence before him, or for punishing any person for contempt of Court, in not so appearing and giving evidence or otherwise. 13, 14 V. c. 56, s. 3. -ed. words, &c., 6. No Inquisition found upon or by any Coroner's Inquest, Omission of unnor any judgment recorded upon or by virtue of any such Inqui- necessary sition, shall be quashed, stayed or reversed for want of the not to vitiate averment therein of any matter unnecessary to be proved, nor any inquisition. for the omission of any technical words of mere form, and in all cases of technical defect, either of the Superior Courts of Common Law, or any Judge thereof, or any Judge of Assize or Gaol Delivery, may, upon any such inquisition being called in question before them or him, order the same to be amended. 13, 14 V. c. 56, s. 4. 7. Whenever upon the summoning or holding of any Co- Coroner may roner's Inquest, the Coroner finds that the deceased was attended summon a medical pracduring his or her last illness or at his or her death, by any titioner to atlegally qualified medical practitioner, the Coroner may issue tend at any inhis order for the attendance of such practitioner as a witness at such inquest in the form following: quest. Jury, at death of , you are required to appear before me and the on the day of at o'clock, to give evidence touching the cause of , (and when the witness is required to make or assist at a post mortem examination, add) and make or assist in making a post mortem examination of the body, with (or without) an analysis, (as the case may be), and report thereon at the said Inquest. deceased was 8. If the Coroner finds that the deceased was not so attended, If the Coroner he may issue his order for the attendance of any legally quali- finds that the fied medical practitioner being at the time in actual practice in not so attended, or near the place where the death happened; and the Coroner &c. may, at any time before the termination of the Inquest, direct a post mortem examination, with or without an analysis of the contents of the stomach or intestines, by the medical witness summoned to attend at such Inquest; But if any person states upon oath before the Coroner, that in his belief the death was caused partly or entirely by the improper or negligent treatment of a medical practitioner or other person, such medical practitioner or other person shall not assist at the post mortem examination. 13, 14 V. c. 56, s. 5. 9. Whenever it appears to the majority of the Jurymen A majority of sitting at a ny Coroner's Inquest, that the cause of death has not the jurymen been satisfactorily explained by the evidence of the medical may require the practitioner or other witnesses examined in the first instance, summon an such Coroner to other medical practitioner. such majority may name to the Coroner in writing, any other legally qualified medical practitioner or practitioners, and require the Coroner to issue his order in the form herein before mentioned for the attendance of such last mentioned medical practitioner or practitioners, as a witness or witnesses, and for the performance of such post mortem examination as in the last preceding section mentioned, and whether before performed or Penalty on Co- not; and if the Coroner refuses to issue such order, he is guilty roner refusing. of a misdemeanor, and shall be punishable by a fine not exceeding forty dollars, or by imprisonment not exceeding one month, or by both fine and imprisonment. 13, 14 V. c. 56, s. 6. Allowance to practitioner. 10. Where any legally qualified medical practitioner has such medical attended in obedience to any such order as aforesaid, he shall receive for such attendance, if without a post mortem examination, five dollars; if with a post mortem examination, without an analysis of the contents of the stomach or intestines, ten dollars; if with such analysis, twenty dollars, together with the sum of twenty cents per mile, for each mile he has to travel to and from such inquest, such travel to be proved by his own oath to the Coroner, who may administer the same; and the Coroner shall make his order on the Treasurer of the County in which the inquest is holden, in favor of such medical practitioner, for the payment of such fees or remuneration, and such Treasurer shall pay the sum mentioned in such order, to such medical witness out of any funds he may then have in the County Treasury. 13, 14 V c. 56, s. 7. To be paid on Coroner's order and by whom Penalty on practitioners failing to at tend. 11 Where any such order for the attendance of any medical summoned and practitioner has been personally served, or if not personally served, has been received by him or left at his residence in sufficient time for him to have obeyed such order, and he has not obeyed the same, he shall forfeit the sum of forty dollars upon complaint by the Coroner who held or by any two of the Jury who sat on the Inquest, made before any two Justices of the Peace of the County where the Inquest has been held, or of the County where such medical practitioner resides; and such Justices shall proceed to hear and adjudicate upon the complaint; and if such medical practitioner does not shew a sufficient reason for not having obeyed such order, they shall enforce the said penalty by distress and sale of the offender's goods in the same manner as they are empowered to do by the Consolidated Statute of Canada respecting the duties of Justices of the Peace out of Sessions in relation to Summary Convictions and Orders. 13, 14 V. c. 56, s. 8. 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