Grand Jury to present for such Sums as shall be necessary to pay Witnesses and Expences of Inquests. Grand Jury may direct the Expences of Coroner or Inquests to be levied off any particular District, &c. Coroner may sis to be made. Inquest, and to pay all Orders upon the Treasurer of such County, City, or Town which any Justices of the Peace may have issued to any Witnesses or other Person for or concerning any Inquest held by them as herein-after mentioned. XXX. Provided always, and be it enacted, That in case the Grand Jury of any County, County of a City, or County of a Town shall have omitted to make such Presentment as last aforesaid, or in case the Presentment made by such Grand Jury shall have been insufficient to discharge all the Expences incident to the holding of Inquests in such County, City, or Town, it shall be Jawful for the Grand Jury of such County, City, or Town, when they shall next assemble, and they are hereby required, to present for the Coroner of such County, Riding, or Division, City, Town, or Borough, or any District thereof, such Sum or Sums as shall be necessary to repay such Coroner the Monies paid and advanced by him in and about the holding of any Inquest, and shall also present, to and for the Treasurer of such County, City, Town, or Borough, such Sum or Sums as shall be necessary to pay and discharge all Orders for the Payment of Witnesses and other Persons upon such Treasurer as any Two Justices of the Peace acting for and in the Absence of a Coroner, as herein-after mentioned, shall have given to any Witness or other Person since the last Assizes or Presenting Term; and the said Treasurer, out of the Public Monies of such County, City, or Town which shall then be in his Hands or shall next come to his Hands, shall pay the said Sum or Sums so presented to the said Coroner or to the said Witnesses or other Persons as aforesaid; and it shall be lawful for the Grand Jury acting in and for any County, Riding, or Division, County of a City, County of a Town, or Borough to direct and order that all such Sums of Money necessary for the Payment of any such Coroner, or of the other Expences incident to the holding of any Inquest, or such Part and Proportion thereof as to them shall seem meet and right, shall be raised and levied off the whole of such County, Riding, or Division, City, Town, or Borough, or off such District, Barony, or Parish thereof, as the Case may be, as they shall appoint. XXXI. And be it enacted, That it shall and may be lawful for order an Analy- any Coroner who shall consider an Analysis of any Matter or Thing of or concerning any dead Body necessary to order and direct that such Analysis be made by such legally qualified Medical Practitioner as he and the Majority of the Jury sworn upon any Inquest shall appoint; and he shall annex to the Abstract and Accounts of such Inquest a Certificate to be signed by him of such his Opinion, and of the Facts relating to such Analysis, which Certificate, together with the said Abstracts and Accounts, shall be laid before the Grand Jury acting in and for the County, Riding, or Division, County of a City, County of a Town, or Borough, as the Case may be, which shall next assemble; and it shall be lawful for the said Grand Jury to present to and for their Treasurer any Sum of Money not exceeding the Sum of Five Guineas for the Loss of Time, Labour, and Expence incurred by such Medical Practitioner in consequence of making such Analysis as to them shall seem fit; and the Sum so presented by the Grand Jury shall be paid to such Medical Practitioner by the Grand Jury may present a Sum not ex ceeding Five Guineas for making such Analysis. Treasurer Treasurer of such County, Riding, or Division, City, Town, or cal Officer of XXXII. And be it enacted, That when any Inquest shall be No Remuneraholden on the Body of any Person who has died in any public tion to be preHospital or Infirmary, or in any Building or Place belonging sented to Medithereto, or used for the Reception of the Patients thereof, or who Hospitals, &c. has died in any County or other Lunatic Asylum, or in any public for Inquests on Infirmary or other public Medical Institution, whether the same Inmates. be supported by Endowments or by voluntary Subscriptions, then and in such Case nothing herein contained shall be construed to entitle the Medical Officer whose Duty it may have been to attend the deceased Person as a Medical Officer of such Institution as aforesaid to the Fees or Remuneration herein provided. cal Practitioner to attend In quest. XXXIII. And be it enacted, That from and after the passing Coroner may of this Act, in all Cases where any Coroner shall hold an Inquest summon Mediupon any dead Body, and shall deem the Attendance of some Medical Witness to be necessary at such Inquest, he shall summon as such Witness any legally qualified Medical Practitioner, being at the Time in actual Practice at or near the Place where such Death happened; and it shall be lawful for the Coroner, at any Time between the issuing of such Summons and the Termination of such Inquest, to direct the Performance of a post-mortem Examination by such Medical Witness; provided that if any Person shall state upon Oath before the Coroner that in his or her Belief the Death of the deceased Individual was caused partly or entirely by the improper or negligent Treatment of any Medical Practitioner or other Person, such Medical Practitioner or other Person shall not be allowed to perform or assist at the post-mortem Examination of the Deceased. Medical Evidence. XXXIV. And be it enacted, That whenever it shall appear to Jury may rethe Majority of the Jurors upon any Inquest that the Cause of quire further Death has not been satisfactorily explained by the Evidence of such Medical Practitioner, or of the Witness or Witnesses who shall have been examined at such Inquest, it shall be lawful for the said Jurors, by a Requisition in Writing, to call upon the Coroner to issue his Summons for the Attendance of some other legally qualified Medical Practitioner or Practitioners; and if the Coroner, Penalty on on the Receipt of such Requisition, shall refuse or neglect to issue Coroner for his Summons as aforesaid, he shall be deemed guilty of a Misdemeanor. Refusal. Coroner may fine Jurors or Witnesses for Nonattendance at Inquest, XXXV. And be it enacted, That when any Person shall have been duly summoned to attend as a Juror or as a Witness at any Inquest, and such Person shall fail or neglect to attend at the Time and Place specified in such Summons, it shall be lawful for the Coroner to cause such Person to be openly called in his Court and transmit Three Times to appear and serve as a Juror, or to appear and the Account of give Evidence at such Inquest, and upon the Nonappearance of the same to the such Person, and Proof that such Summons had been served upon Peace. him, or left at his usual Place of Abode, to impose such Fine upon the Person so making default, not exceeding the Sum of Forty Shillings, as to such Coroner shall seem fit; and such Coroner shall make out and sign a Certificate, containing the Christian Clerk of the and Coroner may House until Owner or Occupier refusing to admit the same may be fined. Coroner not to act profession ally in any Case which may have come before him as Coroner. Penalty. and Surname, the Residence, and Trade or Calling of every Person so making default, together with the Amount of the Fine which shall have been imposed, and the Cause of such Fine, and shall transmit such Certificate to the Clerk of the Peace acting in and for the County, Riding, or Division, City, Town, or Borough, in which such Person shall reside, 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 the Person so fined, by having it left at his usual Place of Residence, or by sending the same through the Post Office, addressed as aforesaid, Three Days at the least before the First Day of the said Quarter Sessions; and the said Clerk of the Peace shall copy the Fine or Fines so certified on the Roll on which all Fines and Forfeitures imposed at such Quarter Sessions of the Peace shall be copied, and the same shall be levied and applied in like Manner, and subject to the like Powers, Provisions, and Penalties in all respects, as if such Fine or Fines had been imposed at such Quarter Sessions ; provided always, that nothing herein contained shall be construed to affect any Power now by Law vested in any Coroner for compelling any Person to appear as Juror, or to appear and give Evidence before him on any Inquest or other Proceeding, or for punishing any Person for Contempt of Court in not so appearing as Juror, or in not so appearing and giving Evidence, or otherwise. XXXVI. And be it enacted, That whenever any dead Body shall be found, and any Coroner shall in consequence of the Information received by him, consider it necessary to hold an Inquest thereon, it shall and may be lawful for such Coroner to order and direct that such dead Body shall be brought into the nearest convenient Tavern, Public House, or House licensed for the Sale of Spirits; and the Owner or Occupier of such Tavern, public or other licensed House, shall and he is hereby required to permit and allow such dead Body to be deposited within the same, or within some Part of the Premises thereof, until the Inquest shall have taken place; and if such Owner or Occupier shall refuse to permit such dead Body to be deposited within the said House, or some Part of the Premises thereof, it shall be lawful for the said Coroner to impose such Fine, not exceeding the Sum of Forty Shillings, upon such Owner or Occupier, for such Refusal or Neglect, as to such Coroner shall seem fit. XXXVII. And be it enacted, That from and after the passing of this Act, in all Cases in which any Person shall be charged by any Coroner's Inquisition with the Commission of any Crime, and shall be subsequently put upon his Trial, either on such Inquisition or in pursuance of any Bill of Indictment for the same Crime, the Coroner before whom such Inquisition shall have been found shall be wholly incompetent to act as an Attorney in Prosecution or Defence of such Person for such Crime, either by himself or his Partner, directly or indirectly; and that in all Cases in which it shall appear to the Judge before whom such Person shall be tried that any Coroner shall have so acted contrary to the Provisions and Intentions of this Act, such Judge shall impose upon every Coroner so offending such Penalty, not exceeding Fifty Pounds, as the said Judge shall in his Discretion think fit. XXXVIII. And though elected for a District, to be considered a Coroner of the XXXVIII. And be it enacted, That every Coroner appointed Coroner, alor chosen under the Authority of this Act, although such Coroner may be designated as the Coroner of any particular District of a County, Riding, or Division, City, Town, or Borough, shall for all Purposes whatsoever, except as herein-after mentioned, be con- County or City sidered as a Coroner for the whole of such County, City, Town, or at large. Borough, and shall have the same Jurisdiction, Rights, Powers, and Authorities throughout the said County, City, Town, or Borough, as if he had been elected by the Electors of such County, City, Town, or Borough at large. to which he is XXXIX. And be it enacted, That every Coroner appointed or Coroner to hold elected under the Provisions of this Act shall, except during the Inquests only Illness, Incapacity, or Absence of the Coroner for any other Dis- in the District trict, or during a Vacancy in the Office of Coroner for any other appointed, exDistrict, hold Inquests only within the District to and for which cept in certain he shall have been so appointed or elected; and that if any Coroner Cases. shall hold an Inquest in any District, save that to and for which he shall have been appointed or elected, he shall state in the Abstract of such Inquest as aforesaid the Reason of his having held such Inquest; and it shall be lawful for the Grand Jury before whom the Abstract and Accounts of such Inquest shall be laid to refuse, if they shall so think fit, to present any Sum of Money for the Payment of any Coroner who shall hold an Inquest beyond the Limits of the District to which he shall have been appointed or elected. All Orders of Coroners, &c. to be signed and sealed. XL. And be it enacted, That every Order which, by and under the Provisions of this Act, any Coroner, or any Two Magistrates acting for and in the Absence of such Coroner, shall make and issue, shall be signed and sealed by such Coroner or such Magistrates; and that any Order which any Coroner or Magistrate as Any Order not aforesaid shall make or issue, and which shall not be signed and signed, &c. to be sealed as aforesaid, shall be of no Force or Effect whatsoever, nor shall any Person be subject to or visited with any Fine or other Punishment for Disobedience thereof. of no Effect. Grand Jury not to present for any Coroner guilty of Neglect, &c. XLI. And be it enacted, That it shall not be lawful for the Grand Jury acting in and for any County, Riding, or Division, County of a City, County of a Town, or Borough to present any Sum of Money for the Payment of any Coroner, if such Coroner shall appear to them to have been guilty of Neglect of Duty in not attending to take any Inquest; nor shall it be lawful for any Grand Jury to present any Sum of Money for the Payment of any Coroner for or in respect of any Inquest other than such as he shall have held since the then last preceding Assizes or Presenting Term, or since his last Application for a Presentment. XLII. And be it enacted, That if any Coroner shall from and Coroner may after the passing of this Act be convicted of any Extortion, or be removed by wilful Neglect of Duty, or Misdemeanor, in his Office, it shall be lawful for any Judge of Assize before whom he shall be so convicted to adjudge that he shall be removed from his Office, and thereupon a Writ shall issue removing him from his Office, and for electing another Coroner in his Stead. Judge for Ex tortion or Neglect of Duty. removed from XLIII. And be it enacted, That if any Person shall have been Coroner, if once removed from the Office of Coroner in consequence of any such his Office, incaConviction as aforesaid he shall be for ever afterwards incapable pable of being of again elected. of being re-elected as Coroner for any District, nor shall it be lawful for any Sheriff or Sub-Sheriff to put any such Person in nomination when a Vacancy in the Office of Coroner in any County, Riding, or Division, City, Town, or Borough, shall occur. XLIV. And be it enacted, That when any dead Body shall be found, or any Death attended with suspicious Circumstances shall occur, and no Inquest shall be held on the same within the Space of Two Days from the finding of such dead Body or of such Death, it shall be lawful for any Two Magistrates of such District to hold an Inquest relative to the Death of any such Person, and to summon such Jurors and such medical and other Witnesses to attend such Inquest, and to administer all necessary Oaths, and to give such Orders and Directions, and to impose such Fines for Neglect or Refusal, in like Manner as any Coroner is empowered to do under the Provisions of this Act, and also to sign and issue to such medical or other Witnesses summoned and examined before them, and to the Owner or Occupier of any private House (the same not being related to or connected with the Deceased) wherein such dead Body shall have been deposited, or wherein such Inquest shall have been held, and to any Person or Persons who shall do or perform any Matter or Thing relating to such Inquest, in pursuance of the Order of such Magistrates, an Order upon the Treasurer of the County, County of a City, County of a Town, or Borough, as the Case may be, for such Sum or Sums of Money as such Coroner is hereby empowered to pay to such Witnesses or other Persons, and as to them shall seem just and reasonable; and the said Magistrates shall make out and lodge with the Secretary of the Grand Jury for such County, Riding, or Division, City, Town, or Borough, an Abstract of the Inquisition and Finding of the Jury, together with the Names of the Jurors and of the Witnesses who shall have been examined at such Inquest, and an Account of all Orders upon the Treasurer for Payment of such Witnesses or other Persons, issued by them, Ten Days at least before the Grand Jury acting in and for such County, Riding, or Division, County of a City, County of a Town, or Borough, shall next assemble. XLV. And be it enacted, That if any Elector or other Person shall wilfully and falsely take any Oath or Affirmation appointed by the Authority of this Act to be taken, or if any Person shall corruptly procure or suborn any Elector or other Person wilfully and falsely to take any Oath or Affirmation hereby appointed to be taken, for the Purpose of such Person being polled at any Election of a Coroner, and he or they shall be convicted thereof, he or they shall for every such Offence incur all such Pains and Penalties as are by Law inflicted on Persons guilty of Perjury or Subornation of Perjury. XLVI. And whereas it is expedient to make Provision for supporting Coroners Inquisitions, and for preventing the same 'from being quashed on account of technical Defects;' be it therefore enacted, That from and after the passing of this Act no Inquisition found upon or by any Coroner's Inquest, nor any Judgment recorded upon or by virtue of any such Inquisition, shall be quashed, stayed, or reversed for Want of the Averment therein of any Matter unnecessary to be proved; nor for the Omission of Words |