CORONER'S ABOLITION ORDINANCE, 1888

CORONER'S ABOLITION ORDINANCE, 1888

No. 4 Of 1888, repealed by No. 10 of 1910.

NO. 5 of 1888.


An Ordinance to abolish the office of coroner, and to make
provision for the performance of the duties thereof by
magistrates.
[9th June, 1888.]

1. This Ordinance may, be cited as the Coroner's Abolition
Ordinance, 1888.

[s. 2, rep. No. 62 of 1911.]

3. The office of coroner and all incidental offices thereto
attached shall be abolished.

4. The duties hitherto performed by the coroner shall be
performed by the magistrates or either of them as the
Governor may direct, hereinafter called the magistrate),
who shall have, in relation, to such duties, all the powers and
privileges which a coroner had by law at the commencement
of this Ordinance.

5.-(1) The Governor may by order under his hand, set
apart suitable places for the reception of dead bodies for the
purpose of post mortem examination, and may make regula-
tions for the management of such places.

(2) The magistrate may order the removal of any dead
body to and from such place for the purpose of any post
mortem examination, and may order the cost of such removal
to be defrayed form public funds.

6.-(1) The Superintendent of the Civil Hospital, or such
other medical officer as may be appointed by the Governor
for the duty, shall, on receiving any dead body, make a
prelimiary external examination thereof, and report in
writing to the magistrate, who may, if he considers it
necessary, order an autopsy.

(2) The medical officer, who makes the autopsy shall fur-
the report to the magistrate on the cause of death.

As amended by Law Rev. Ord., 1923.





7.-(1) Whenever any person dies suddenly, or by accident
or violence, or under suspicious circumstances, or whenever
any dead body is found within the Colony or is brought into
the Colony, the magistrate may, if he considers an inquiry to
be necessary, inquire into the cause of death of such person
without a jury, or, if he thinks fit, with a jury of three
persons as hereinafter provided, and (in his discretion) with
or without view of the body, and may determine the cause of
death, and make such order with regard thereto as he may
consider necessary.

(2) Such inquiry may be held notwithstanding that the
cause of death did not arise within the Colony.

8. Whenever any prisoner dies in gaol, and whenever any
person suffers capital punishment, the magistrate shall
within twenty-four hours (or forty-eight hours if a Sunday
intervenes), with a jury of three persons as hereinafter
provided, inquire into the cause of death, and may make
such order in relation thereto as he may consider necessary.

9.-(1) Whenever a magistrate requires a jury under
section 7 or section 8, the Registrar of the Supreme Court
shall, on receipt of a requisition from the magistrate, draw
either from the common jurors ballot box or from the special
jurors ballot box, as the magistrate may direct, the names of
six jurors to form a panel, and shall transmit such panel to
the magistrate.

(2) All the provisions of the Jury Ordinance, 1887 shall
apply, as far as may be, to such drawing, in the same manner
as if the jurors were require d for a jury in the Supreme Court.

10.-(1) The magistrates' clerk shall, before the holding
of any inquiry at which a jury may be necessary, issue forms
of summons, according to Form No. 1 in the Schedule,
requiring the attendance of the jurors drawn.

(2) Every such summons shall be personally served on or
left at the usual place of abode, of the juror so summoned.

(3) Any juor who fails, without reasonable excuse, to
attend at such inquiry or at any adjournment thereof shall
be liable to a fine not exceeding twenty-five dollars, which

As amended by Law Am. Ord., 1923.
As amended by No. 1 of 1918 and Law Rev, Ord., 1923.
























may be recovered summarily, but the magistrate before whom
juror is required to attend may remit such fine, if he
fit.

(4) The magistrate shall select the three jurors, required
from the panel by ballot, and may, if necessary, require any
bystander to serve as a juror, but no officer of the gaol or
prisoner confined therein shall serve as a juror in any such
inquiry.

11. The jury may be sworn or declared according to Form
No. 2 or Form No. 3 in the Scheduile, which may be
administered to two or more jurors at once.

12.-(1) Whenever an inquiry is made with a jury, it shall
be duty of the magistrate making such inquiry to record
in writing the finding of the jury and it shall be the duty of
the jurors to sign the same.

(2) In any case under section 8, it shall be the duty of the
trate to furnish to the Superintendent of Prisons a copy
finding of the jury, signed by him.

13. The magistrate may adjourn any inquiry, if
he considers it necessary, use the same jury for a second
inquiry.

The magistrate shall have, in relation to the inquires
provided for in sections 7 and 8, the same powers in all
respects as he possess or may possess in relation to any
other proceedings taken before him, and may, at the
conculsion of any such inquiry, commit any person for trial
at the Supreme Court without any further proceedings.

15. The magistrate shall not order the interment of the
body of any person otherwise than in some public cemetery
and in the ordinary and customary manner in which persons
of the nationality are commonly interred : Provided
always that this section shall not be so construed as to require
the performance of any religious rite at the interment of the
body of any person buried by order of a magistrate under
this Ordinance, or to alter the laws and usages relating to
religious ceremonies at the burial of such persons.



As amended by Law Rev. Ord., 1923.





















16. No inquisition shall be necessary in any inquiry by a
magistrate under this Ordinance, and no committal under
this Ordinance by any magistrate shall be hled to be bad on
the ground that no inquisition was drawn up.

17. Whenever any inquiry, as to the catise of a death has
been held by a magisirate without a jury, the magistrate
shall forthwith return the depositions taken by him on such
inquiry to the Attorney General, together with a certificate
in Form No. 4 in the Schedule duly filled up and signed by
him.

18. All person who is committed for trial by the magistrate
under this Ordinance on a change of murder or manslaughter
shall be entitled to have at any timle from the magistrates'
clerk copies of, the depositions on which such committal
has been made, on payment of a reasonable sum for the
same, not exceeding five cents for every of ninety
words.

19. When my person is so committed for trial on a charge
of murder or manslaughter, or as accessory before the fact
to any murder, in any case in which the cause of the death
inquired into did not arise within the Colony, the magistrate
the judges and officers of the Supreme Court, dad all other
persons or authorities shall have the same powers respec-
tively for the commitment of, trial of, and execution of the
sentence upon the person so charged as they by law possess
in relation to the commitment of, trial of, and execution
the sentence upon any, person committed and tried for
murder or manslaughter where the cause of death arose
within the Colony.

20. The following fees shall be payable to any medical
practitioner, not being an officer of the Government, who has
made an autopsy in pursuance of an order from the
trade under section 6, or who has attended any inquiry, on
summons, as a medical witness:-

1. For an autopsy ................................. $10

2. Frr attendance to give evidence ............... $ 5




























SCHEDULE.

Fom No. 1. [s. 10.]
Summons to juror.

Mr. A.B.
You are hereby summoned to appear as a juror at an inquiry to be
held by a magistrate concerning the death of one C.D. at
in this Colony on day, the day of
19 , at o'clock m., and there to attend until you shall be
discharged.

Dated the day of , 19

(Signed.) E. F, Magistrates' clerk.
Note.-The penalty for disobedience hereto is any sum not exceeding
twenty-five dollars. Personal service of this summons is not necessary
the juror summoned this penalty.

FORM No. 2. [s. 11.]

0ath for juror.

You shall diligently inquire and true presetment make of all such
matters and things as shall be here given you in charge, on behalf of
Our Sovereign Lord the King touching the death of now
lying dead [of whose body you shall have the view]. You shall present
no man for hatred, malice, or ill will ; nor spare any through fear,
favour, or affection; but a true verdict give according to the evidence
he best of your skill and knowledge: So help you God.


FORM No. 3. [s. 11.]

Declaration for juror.

I do solemnly, sincerely, and truly declare that I will diligently inquire
and true presentnient make of all such matters and things as shall be here
given me in charge, on behalf of Our Sovereign Lord the King, touching
the death of now lying dead [of whose body I am to
have the view]. I will present no man for hatred, malice, or ill will:
nor spare any through fear, favour, or affection; but a true verdict give
to the evidence and the best of my skill and knowledge.

FORM No. 4. [s. 17.]

Certificate of magistrate.

I hereby certify that on the day of , 19 ,
I hled, under the provisions of the Coroner's Abolition Ordinance, 1888,
an inquiry as to the cause of a death in and that the
following articulars were then disclosed:-

1. Name of deceased.
2. Residencece and occupation.









3. Where found, and when, and in what circumstances.

4. Date of death.

5. Cause of death.

6. The names of the persons last seen in the company of the deceased.

7. Any suspicious circumstances which point to any person or persons
as having caused the death.

Note.-The following, are the names, residence, and callings of the
witnesses examined:-

I have issued my warrant for the arrest of on a charge of
Dated the day of , 19 .

(Signed.) Magistrate.

* To be filled up in case the death is supposed to have been caused
by improper means.
Certified copies and extracts to be received in evidence. [Originally No. 17 of 1888, No. 1 of 1918. Law Rev. Ord., 1924.] Short title. Abolition of office of coroner. Performance of duties of coroner. Place for post mortem examination. 29 & 30 Vict.c. 90, s. 23; 38 & 39 Vict.c. 55, s. 143. Preliminary examination of body. Inquiry into cause of sudden or violent death, etc. Inquiry in case of prisoner dying in gaol or executed. Panel for jury. [cf. No. 6 of 1887, s. 9.] Ordinance No. 6 of 1887. Summoning of jurors. Schedule. Form No. 1. Procedure with jury. Schedule. Form Nos. 2 and 3. Recording of finding of jury. Adjournment of inquiry. Powers of magistrate. Burials. 45 & 46 Vict.c. 19, ss. 2, 4. Abolition of inquistion. Forwarding depositions. Schedule. Form No. 4. Copies of depositions. 22 Vict.c. 33, s.3. Trial when cause of death was out of the Colony. [cf. 24 & 25 Vict.c. 100, s. 10, and No. 2 of 1865, s. 9.] Fees for medical evidence.

Certified copies and extracts to be received in evidence. [Originally No. 17 of 1888, No. 1 of 1918. Law Rev. Ord., 1924.] Short title. Abolition of office of coroner. Performance of duties of coroner. Place for post mortem examination. 29 & 30 Vict.c. 90, s. 23; 38 & 39 Vict.c. 55, s. 143. Preliminary examination of body. Inquiry into cause of sudden or violent death, etc. Inquiry in case of prisoner dying in gaol or executed. Panel for jury. [cf. No. 6 of 1887, s. 9.] Ordinance No. 6 of 1887. Summoning of jurors. Schedule. Form No. 1. Procedure with jury. Schedule. Form Nos. 2 and 3. Recording of finding of jury. Adjournment of inquiry. Powers of magistrate. Burials. 45 & 46 Vict.c. 19, ss. 2, 4. Abolition of inquistion. Forwarding depositions. Schedule. Form No. 4. Copies of depositions. 22 Vict.c. 33, s.3. Trial when cause of death was out of the Colony. [cf. 24 & 25 Vict.c. 100, s. 10, and No. 2 of 1865, s. 9.] Fees for medical evidence.

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