issuing of such warrant, or for any want of jurisdiction in the Magistrate issuing the same; and such Chief or other constable may plead the general issue, and give such warrant in evidence; and upon producing such warrant, and proving that the signature thereto is the handwriting of the person whose name shall appear subscribed thereto, and that such person is reputed to be and acts as a Magistrate, possessing jurisdiction in the case, and that the act or acts complained of were done in obedience to such warrant, the jury shall find a verdict for such constable, and he shall recover his costs of suit.

16 Vic., No. 33, s. 8, gives the following Oath to be taken by the members of the Police Force :

:

"I, A. B., do swear that I will well and truly serve our Sovereign Lady the Queen in the office of Inspector-General of the Police Department, [Superintendent of Police for the Metropolitan District, Superintendent of Mounted Patrol for Roads and Gold Escorts, Chief or other constable, (as the case may be)], without favour or affection, malice or ill-will; that I will see and cause Her Majesty's peace to be kept and preserved; and that I will prevent, to the best of my power, all offences against the same; and that, while I shall continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the duties thereof, in the execution of warrants and otherwise, faithfully according to law; and that I do not now belong to, and that I will not, while I hold the said office, join, subscribe, or belong to, any political society whatsoever, or to any secret society whatsoever, unless to the society of Freemasons.-So help me God." The said oath shall be administered either at General or Petty Sessions, or otherwise by any Justice of the Peace, and shall in all cases be subscribed by the person taking the same; and the oath so taken by the Inspector-General shall be forthwith transmitted to the Colonial Secretary by the Justice or Justices before whom the same was taken; and the oaths so taken and subscribed by all other persons appointed under this Act, shall be forwarded by the Justice or Justices before whom the same were taken, to the Inspector-General.

S. 16 Vic., No. 33, s. 9. [Two Justices].-(1) Any Chief or other Constable holding office under this Act, neglecting or refusing to obey and execute any warrant directed to be by him executed, or guilty of any neglect or violation of duty in his office.

P. Fine not exc. £5: to be deducted from any accruing salary under this Act, upon a certificate thereof, to be by the convicting Justices transmitted to the Colonial Treasurer; and, at their discretion, dismissal. (P) N.B.-Such Chief or other Constable may appeal to the Governor. S. Id., s. 10. [Two Justices].—(2) Any Chief or other Constable not

(P) Appropriation of Penalties, Evidence].-All fines under this Act to be applied to the Police Reward Fund, (s. 22); and, by s. 15, common reputation shall be deemed to be sufficient prima facie evidence of the right of the InspectorGeneral, or other member of the Force, to hold or execute his office, or as to his holding such office; and it shall not be necessary to have or produce any written appointment, or any oath, affidavit, or other document or matter whatsoever, in proof of such right.

delivering over, within one week after he shall have been dismissed from, or shall have ceased to hold, his office, all and every the arms, ammunition, and accoutrements, horse, saddle, bridle, clothing, and other appointments whatsoever, which may have been supplied to him for the execution of such office, to such person as may be appointed by the Inspector-General in the Metropolitan district, or by the several Benches of Magistrates in all other districts, to receive them.

P. Impr. and h. 1. for not exc. 3 mths., and seizure of said articles.

S. Id., s. 11. [Two Justices]-(3) Any Chief or other Constable resigning, withdrawing, or absenting himself, without previous permission, in writing, so to do by the Inspector-General or Benches of Magistrates, respectively, under whom he may be placed; or before the expiration of three months' notice of his intention so to resign or withdraw.

P. Fine not exc. £10; or, on failure of payment, impr. and h. 1. for not exc. 3 mths., (s. 23 of 11 & 12 Vic., c. 43); and offender is liable to serve out his time, and to forfeiture of any allowance, remuneration, or superannuation to which he might otherwise be entitled. (See s. 21 of 16 Vic., No. 33).

N.B.-This section does not apply to any constable procured under the Police Recruiting Act, 17 Vic., No. 30, s. 6.

S. 16 Vic., No. 33, s. 12. [One Justice].-(4) Any toll-collector demanding or receiving any duty or toll contrary to this Act. (9)

P. Fine not exc. £10: to be recovered by distress, (s. 12 of 16 Vic., No. 33); and, in default of distress, impr. not exc. 3 cal. m. (S. 22 of 11 & 12 Vic., c. 43).

S. Id., s. 14. [One Justice].—(5) Any person duly summoned on inquiries instituted under this Act, (R) and respecting any charge against any member of the Police Force, not attending at the time and place named in the summons, or attending and refusing to be sworn, or, being sworn, refusing to give evidence, or to answer all such questions as may be legally demanded of him.

P. Fine not exc. £5; in default of payment, impr. not exc. 1 mth. (See s. 23 of 11 & 12 Vic., c. 43).

S. Id., s. 15. [Two Justices].—(6) Any person, not being a member of the Police Force under this Act, having in his or her possession any

(Q) By s 12, The Inspector-General, &c., and all Chief and other constables, being on actual duty, and in proper dress or undress as such, and all prisoners under their charge, and all carriages and horses exclusively employed in carrying or conveying such persons, or their prisoners or baggage, or returning therefrom, and not otherwise engaged or employed, shall be exempt from payment of any tolls or dues otherwise demandable in passing any toll-gate, turnpike road, bridge, or ferry.

(R) By S. 14, The Inspector-General, &c., or any Justice, may examine on oath into the truth of any charge, on complaint preferred against any member of the Police Force holding office under this Act, (see supra, offence 3), of any neglect or violation of duty in his office, and also into the matter of any appeal under the proviso of s. 8; and, by s. 15, such Inspector, &c., or Justice, may issue a summons, requiring all such persons named therein to appear before him, at a place and time to be therein appointed, to give evidence as to all matters or things known to such persons respecting any such charge or complaint preferred against any such member of the Police Force.

arms or ammunition, or any article of clothing, accoutrements, or appointments, supplied to any member of the Force, and not being able satisfactorily to account for his or her possession thereof,-or putting on or assuming the dress, name, designation, or description of any member of the Force, or of any class of such members, for the purpose of thereby obtaining admission into any house or other place, or of doing or procuring to be done any other act which such person or persons so putting on or assuming such dress, name, designation, or description, would not by law be entitled to do or procure to be done by his or their own authority.

P. Fine not exc. £10: to be recovered by distress, or, in default of payment thereof, impr. with h. 1. for not exc. 3 mths. (11 & 12 Vic., c. 43, ss. 19, 22).

S. 6 W. IV., No. 4, s. 12. [One Justice].-(7) Any constable failing or neglecting to report to the Police Magistrate, or Justice of the town, any dog which shall be kept in his division, &c., without being duly registered.

P. Fine 20s.-10s. for each dog: to be recovered either by distress, (s. 19 of 11 & 12 Vic., c. 43), or according to 5 W. IV., No. 22. (See Justices, Recovery of Fines," where s. 1 of 5 W. IV., No. 22, is given at length).

S. Id., s. 13. [One Justice].—(8) Any constable neglecting to destroy, or to use his best endeavours to destroy, every dog which he shall find at large, contrary to the provisions of this Act, within his division, &c.

P. Fine 20s.-10s.: to be recovered as offence (7).

S. Id., s. 14. [One Justice].—(9) Any constable or other person wilfully or maliciously killing or destroying any dog which shall not be at large contrary to the provisions of this Act.

P. Fine £5-£1, and full value of the dog to be recoverd as offence (7). See "Dog," post.

M. at Com. Law. Bail disc.-(1) Refusing to execute the office when required by law to do so, [e. g., as chief or petty constable, &c.], or neglecting duty.

P. Fine or impr., or both. (R. v. Bowen, 1 B. & C., 585; Ar. Cr. Pl., 751).

M. at Com. Law. Bail comp.-(2) Any person refusing to assist a constable when called upon.

P. The same. (1 Car. & M., 314; Wise on Riots, 55).

CONVICT.
See "FELON."

CORONER.

The office of Coroner is very ancient. He is called Coroner, (Coronator), says Blackstone, because he has principally to do with pleas of the Crown. The office is both ministerial and judicial, but chiefly judicial, (Garnett v. Ferrand, 6 B. & C., 625, sed quære by Lord Abinger; Jewison v. Dyson, 9 M. & W., 585); it consists, chiefly, in inquiring, when any person is slain, or dies suddenly or in prison, concerning the manner of his death.

It is a Court of Record; there must be twelve jurymen, and they must concur in their verdict; but by s. 34 of 11 Vic., No. 20, (the Jury Act), it is provided that, in thinly-populated districts, it shall be lawful for the Coroner, at his discretion, to swear a jury of any number, not. less than five, and the verdict of such jury shall be as valid and effectual in law as if the accustomed number were impannelled and sworn.

By s. 40, Any man, being duly summoned and returned to serve as a juror upon any inquest before any Coroner, and, after being openly called three times, not appearing and serving as a juror, shall be fined not exc. £5, (to be imposed by the Coroner), unless some reasonable excuse, on oath, be proved the Corouer is to make out a certificate, and sign it, containing Christian and surname of defaulter, residence, and calling.

The inquest must sit super visum corporis, for if the body cannot be found, the Coroner cannot sit, except by virtue of a Special Commission. In this colony the Governor's commission empowers him to appoint Coroners. S. 4 of 7 G. IV., c. 64, requires every Coroner upon any inquisition, under penalty,—to take the evidence in writing,-to bind witnesses, by recognizance, to appear at the trial,-and to certify and subscribe the same, and the inquisition.

1 Vic., No. 3, provides for the attendance and remuneration of duly qualified medical witnesses.

The late Act of 19 Vic., No. 17, provides that foreign medical practitioners, properly qualified, shall be deemed legally qualified practitioners, so as to be qualified as medical witnesses on Coroners' inquests and other inquiries, modifying 9 Vic., No. 12, and 2 Vic., No. 22.

It is the duty of the Coroner to read over to every witness examined on the inquest the evidence he has given, and desire the witness to sign it. R. v. Plummer, 1 C. & K., 600). It is the duty of the Coroner to bind over all those witnesses who prove any material facts against the accused, and not those called for the purpose of exculpating him. (R. v. Taylor, 9 C. & P., 672).

By 29 s. of 16 Vic., No. 18, verdicts of murder and of manslaughter, returned by a jury at a Coroner's inquest, and the warrant of committal, or recognizance of bail thereupon issued or taken, are to be deemed equivalent to ordinary committals, or holding to bail by Magistrates.

1. A Coroner's inquest should be held in all cases of violent death, casualties by which death ensues, sudden deaths, persons found dead, persons dying in prison, lunatics who die by suicide, and persons committing suicide, for the purpose of inquiring into and ascertaining the manner of the death. If a constable, or anyone in authority, knowingly suffer any person to be buried who died in the manner mentioned in any of the above cases, he will be liable to a criminal prosecution, and the body of the person buried must be taken up again for inquiry.

2. In all cases of violent and unnatural deaths in houses or other buildings, the Coroner shall be sent for, if possible, whilst the body remains in the same position as when the party died.

3. The duty of the constable or other peace officer, when any of the above cases occur in his own knowledge, or when he has received information of and ascertained the fact, is to apply immediately to the Coroner for a precept or warrant to summon a jury.

4. A constable not executing or making a return to this warrant, is liable to be fined.

5. If a body has been interred on which an inquest ought to have been held, on application to the Coroner, he will grant his warrant for the disinterment.

6. The name of the deceased should be correctly ascertained, if it be possible, and the nature of the death, whether by accident, suicide, or otherwise, and stated to the Coroner for his information, in issuing his

warrant.

7. The officer should take charge of, and produce on the inquest, any papers or other property that may be found on searching the body of anyone unknown that may be found dead in the street, highway, or other byplace; and he should act in the same manner when the party is known.

8. He should also produce or cause to be exhibited to the Court, any weapon or instrument that may be found, supposed to have been the means of death.

9. When death is caused by any waggon, cart, or carriage, it should be identified by its number, or by the name and residence of the owner and driver, if they can be ascertained.

The constable should summon a jury and the necessary witnesses. The latter should be served personally, if possible; they should be kept out of court until called in separately to give evidence. The constable should remain in court, and prevent interruption, and obey all the lawful orders of the Coroner.

The names of the jurymen having been called, and a foreman appointed, those persons who have answered must stand up to be sworn as jurors.

The officer has charge of the jury, and should see that all of them accompany him to view the body. Should they retire, he must keep charge of them, but should not interfere with them, or allow anyone else to do so. A warrant will be given to the officer by the Coroner for the burial of the body, who can hand it over to the relatives of the deceased.

It may be inferred from the case of Garnett v. Ferrand, 6 B. & Cress., 611; 9 D. & R., 657, that the Coroner has the power of excluding particular individuals, attorneys, counsel, &c., and the public generally.

No person ought to be allowed to make a statement before a Coroner, not on oath. Whenever a person comes forward and offers to make a statement, he ought first to be sworn, no matter whether other evidence may point suspicion to him or not. It is the duty of the Coroner to receive evidence on oath alone, and he should not allow the party to make a simple statement not on oath, on the ground that his evidence may possibly criminate him hereafter. All that the Coroner can do is to caution a party who is giving evidence on oath, if he should think his evidence tends to criminate him, and to leave it to his discretion to go on or not as he pleases.

CRIMINAL INFORMATION.

See "JUSTICES."

When a Justice of the Peace is guilty of any gross act of oppression committed by him in the exercise or alleged exercise of his magisterial