Forms.

Rules.

Repealing clause.

Commencem ut of Act.

76. The Attorney-General may direct what forms shall be used in any proceedings under this Act, and such forms, when sanctioned by the Governor-in-Council, and published in the Royal Gazette, may be used for, and in respect of, the several matters therein mentioned: and, until otherwise ordered, the several forms in the Schedule to this Act may be used for, and in respect of, the several matters therein mentioned. (ƒ)

77. The Governor may by order in Council make rules for the better carrying out of the provisions of this Act, and such rules shall come into force from the date of their publication in the Royal Gazette. (g)

78. Section 11 of the Magistrates' Act 1877, The Coroners' Act 1880, and the Coroners' Act Amendment Act 1881, and the Coroners' Act 1880 Amendment Act 1887, are hereby repealed except as to anything done or any proceedings pending thereunder, and all such proceedings shall be continued as if this Act had not been passed.

79. This Act shall come into operation on a day to be named by the Governor by Proclamation; but, as far as is necessary for the making of rules, from the date of the passing of this Act.

SCHEDULE I.

TABLE OF FEES.

Where the Medical Practitioner is not in receipt of any salary, or remuneration, from the public revenue, the fee for each complete postmortem examination, including all matters mentioned in the preceding item, (h) shall be £3 0 0

N.B.-No mileage, or travelling expenses, to be allowed, but in special cases it shall be lawful for the Governor to order the payment of such further remuneration for payment of travelling expenses, or otherwise, as he may deem just and reasonable.

[For Schedule II. containing the Forms, see the Appendix, p. 226.]

(f) See the forms in the Appendix.

(g) Now the "Leeward Islands Gazette." See L. I. Acts, No. 18, of

1890.

(h) This is not given in the Act as published.

NOTES ON THE CORONERS' ACT, 1889.

The office of Coroner in England is a very ancient creation. The name is derived from the word " corona, because the person performing the functions of the office "hath principally to do with pleas of the Crown or such wherein the King is more immediately concerned."

He is elected by the freeholders of the county on receipt by the Sheriff of a writ de coronatore eligendo, issued out of the Petty Bag Office in the Court of Chancery, and anciently, besides the duty of inquiring into the facts concerning the finding of dead bodies, he had jurisdiction to inquire of Treasure Trove, of Wreck, and Royal fishes, and to pronounce judgment in Outlawry.

But in the Colony of the Leeward Islands the Coroner is now the creation of statute, and the law which governs him is Act No. 12 of 1889 of the Federal Legislature, by which jurisdiction is given him to inquire into

(i.) deaths calling for investigation;

(ii) the causes of fire; and

(iii.) cases of treasure trove.

The Colony is by law divided into Magisterial Districts, and, for the purposes of the Coroners' Act, every such district is the district of a Coroner. Every District Magistrate is, ex officio, Coroner for his district, but the Governor has power to appoint any person to be a Coroner for any part of the Colony. (a)

AS TO WHEN AN INQUEST SHOULD BE HELD.

The principal part of a Coroner's duty is to inquire into the causes of "deaths calling for investigation" (which deaths are defined by sect. 2 of the Act), and the deaths of persons dying in any place of lawful detention.

(a) The island of Redonda is by Act No. 5 of 1872 of Antigua incorporated in District A.; and there are special provisions in the Act empowering the Governor to appoint a Deputy Coroner pro tem.; and providing for the summoning of a jury from amongst the people of Redonda.

Where a death occurs in a prison or an asylum or a statutory training school, the keeper or superintendent at once reports it to the Coroner, who thereupon holds an inquest therein.

The duty of a Coroner in such a case as this is comparatively clear, and no further reference thereto need be made. There are other cases where the course is not so clear, and these require more consideration :—

Where a death is reported to the Coroner as "calling for investigation," he will have to consider and decide whether he will hold an inquest or not.

If it is reported that a dead body is found in some open place, this is clearly a case where an inquest should be held. If it is reported that any person has met with his death from any violent cause, such as by falling off a ladder, being injured by machinery, by drowning, or burning, the Coroner should hold an inquest so as to ascertain whether any person is criminally responsible for what has occurred, either through gross negligence, or through malice.

If it is reported that a child has died in a public nursery, an inquest should be held so as to ascertain whether or not the child has met with its death through any ill-treatment or neglect.

If it is reported that a pauper has died in a poor-house or a patient in a hospital, the Coroner should hold an inquest if he thinks there is any reason to believe that the death was caused or hastened through any neglect or improper treatment. But as to this he will be considerably guided by any medical certificate which may be given as to the cause of death and by such information as he may receive from any medical practitioner who may have been in attendance on the deceased prior to his death.

If it is reported that a person has died, and that there are any suspicious circumstances connected with the death, the Coroner will certainly hold an inquest. In coming to a decision on this point he will again be considerably guided by the medical certificate (if any) of the cause of death, and by information derived from the medical practitioner (if any) who was in attendance on the deceased prior to his death. But a Coroner should not necessarily hold an inquest,

even where there is no medical certificate as to the cause of death, merely because the death is sudden or unexpected. A man may die of apoplexy or some other visitation of God, or may die suddenly after prolonged illness, while no medical practitioner is actually present; and at the same time there may be a total absence of any circumstances calling for an investigation. A Coroner should not obtrude himself into private families under these circumstances, but should wait until sent for by the Police authorities. A Coroner must exercise his authority within the limits of a sound discretion; and unless there is reasonable ground of suspicion that the party came to his death by violent and unnatural means, or has died a sudden death the cause of which cannot be reasonably explained, there is no occasion for the interference of the Coroner.

Coroners, on the other hand, where the deaths of young children are reported, should satisfy themselves that there is not the least suspicion of foul play or of gross and continued neglect, otherwise an inquest should certainly be held.

Coroners will of course in all cases be guided by the information given to them by the Police Authorities.

It sometimes happens that a person disappears, and although no dead body is found there is reason to believe that the person has met with some foul play. In such a case (see section 27 of the Act) a Coroner may hold an inquiry into the circumstances without a Jury, and he may also be directed to do so by the Attorney-General.

The chief matters for a Coroner to consider in coming to a decision as to whether or not a death is one calling for investigation are

1. Where and when the deceased died or was found dead: 2. Who was present or who first saw the corpse:

3. Whether any known illness existed:

4. Whether any negligence or blame is alleged against any one:

5. Whether the deceased has been seen or attended by any medical practitioner :

6. What is the supposed cause of death, whether known or suspected:

7. Whether the death was sudden :

8. Whether caused by violence, as by wounds, burns, illusage, or poison:

9. Whether there are any marks or bruises on the body, and what is the condition or appearance of the body generally:

10. Whether the case appears to be one of suicide:

11. Whether there appears to be any mystery attached to the matter:

12. Who were the persons in whose company the deceased was when last seen alive.

DISPOSAL OF THE DEAD BODY.

Where a death is reported to the Coroner he may take several courses with regard to the body:

1. He may order a postmortem examination to be held (section 13).

2. If he considers an inquest should be held, he may (i.) Leave the body to be viewed by the Jury and then order it to be buried; or,

(ii) After causing a postmortem to be held, order the body to be buried at once (section 19)

[where it may be injurious to the public health to leave it unburied].

3. If he considers that it is not a case requiring investigation, he may order the body to be buried forthwith. In which case he must report the matter to the AttorneyGeneral (section 18).

4. If the body has been buried without sufficient examination he may order it to be exhumed, and examined, and thereafter to be re-buried (section 22).

THE INQUEST.

The purpose of the Coroner's inquest is to ascertain truly the cause of the death of the deceased.

The provisions of sections 47 and 51 only apply when the suspected person is voluntarily present. There is no power to compel a person to appear before a Coroner and answer a charge. Any witnesses whom the suspected person may call are in the same position as those summoned by the