Coroner Act 1850 (SA)

Case
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No. 7.

ORDINANCE Ihacted by the Governor of South Australia, with the advice and

c o 7 ~ n t

of the Legislative Council thereof.

.

To R e p l u t e the Ofice of

Coroner in South Awtralia.

[19th March, 1850.3

bc held.

11. And

WHEREAS

it is expedient to provide certain rules and forms

of proceeding for the taking of inquisitions, and to regulate the Preamble.

office of Corouer:

Be it therefore Enacted, by the Governor of South Australia,

wi th the advice aud consent of the Legislative Council thereof-

sheriff and Jnrticcalo

'Illrat the Sheriff', and any Deputy Sheriff of South Australia, and be Comnera

cm11 and evcry Justice of the Peace tllrougbout the Province, shall

he, and the same are hereby declared to be, Coroners of the =id

Province: Provided always, that no such Justice shall be compellable to act ss Coroner, if any Special or Stipendiary Magistrate shall be

resident within twentdy miles from the place where the inquest is to

Notice of mdden Or

IT. And be it Enacted, That henev ever any dead body sl~all

be

saspicioua death to be

dven to the nearest found, or any case of sudden dent11 or of dt~i th

sttw~ded

with sus-

G~table.

picio& circbstances shall occur, then every person l imni~lg

or becoming acquainted with anv such dcath, or of anv dtlild body

being found, shall fortallwith pjvk rioticc thereof to the'oearest con-

stable, or,in default, shnll, on conrict,intr for such neglect or oulission,

forfeit and pay a penalty of Ten Pounds.

Constabla to inform

111. And be it f~wther

Enacted, Thnt cvcry consti~ble

rccciving

the Coroner, who shall

noticel or otherwise cornin(. to the knowledge of ally S L I C ~ ~

tlcnth,

issue sommonses for

?

jurors a d witnesses.

or of any dead body being toumd, shall fortllwi th give such idornla-

tion thereof as Ilc can o'utaiu to the neit~est C'oroi~w, irlltl such

Coroner shall forthwith repsir to thc p1;~c.c w1lc.r.e ally sucl~ &lath shall have happened, or bodj- shall have beoil t im td, it such phce

be convcnieut, or otherwise the ileurest cou~enicut

place,

ra~i t l

sl~all,

if upon the receipt of such uoticc: and infbrn~tioii

l ~ e sl~all tlee~n it

necessary to hold an inquest upori sucll dead body, iss i i UC: bUIllIllO11SCS for a sufficient mrnber of persons tu atteiitl altd be sworn as jurors upoil such inquest, at the time and place to be therch sl~ccificd;

and the said Coroner sllall issue 2% summons fbr. every wituess whom he shall deem necessary to attend si1cL i~lq~wst, at the tiillct t t i d

,lace therein specified, for the pnrposc. o f g i ~ i l: ~

i l ~ i d w ~ c t l

rel:~tirc>

to s ~ ~ c l i

dc:d body; and he shall deliver, or cause to he dclivewli, a11

such sunmorlsw to one of' tllc coilstablt*~

nciintr. i l l and fin. thc~

3.

place where such inquest is to he lwld, who s l d l fo ld l a

it11 plx)ec.ed

to serve the same.

jurors upon .inquests. jurors upon such inqnests, such persons as s11:111 bc q~~:ilitieif

Qualifications of W. Aid he it Enacted, That tlicrc 111:1y bt S I ~ I I I ~ O ~ C ~, a~1

to serve as conimon jurors accord in~ to lam:

-?

I'mvidetl

always, that if the attendance of a suffic~ent

riun~ber of

jurors.

qualified as aforesaid, cannot converlicutly bc lmd, it shall he lawfrrl

to summon such, and so many other fit a d proper persons residing near the place where such inquest is to be lmldeu, as slrall be ue-

SO person now

cessarv to attend, and be sworn as jurors upon such inquest: Yro-

exempted fromserving

vided ilslso, that 110 person who is now exempted from serving up011

,

j ~ e S

m be sum-

moncdmdertllis Or- juries under and by virtue of any law now or herealter to bc iu

chance.

force in the Province relating. to juries, s l d l be liable to be summoned as a juror upon any inquest to be holden under this Or- dinance.

Coronermaysumlnon

Medical Practitioner

V. And be it Enacted, That, from and after. the passing of this Ordinance, in all cases where any Coroner shall hold an inquest upon any dead body, and shall find grave suspicion as to the cause of death, and dcem the attendance of some medical witness to be

to attend inquest.

necessary

necessary

a t srwh

iuqnrst,

he shall summon, as S I T C ~ I witness, any

le3dly qualified h lc~l ic :~ l I'ri~ctitionar a t or near tlle place wllcl.e such dent11 ll:ijpprnc(l; :iutl tor the like rcnsons it shall be lawfill tbr

the Corouer, a t m y tinlc~ hctwecn the issuiug of

stlch somiiions a ~ r d

the tenuinatioil of srlch iqocs t, to direct the perfiwnln~lce of :I

post

rnortern eua~i~inntiou

by such ~nedic;il witness: Provided, that if

any person s l ~ l l state upon oath, before the said Coroner, that, in

his belief, the death of the deccased individual was causntl, partly

or entirely, by the i i ~ p r o p e ~ or nv@igent treatment of any Xlrdical Practitioner, or ot11c.r person, such Aled~cnl Prirctitioncr, or other person, sllnll not. be allowed to perf'orm or assist at the post rnurte~n

exai~iiimtiou

of the dece:~sed.

VT. Aid he it Ennctctl, that lvlmcvcr i t shrill nppc:w to the ,Jury rnaYrcqnire ftlr-

majority of the jtwors trpori any ioqtwit, that t l l u Ciluse of cleat11 has t'lcrrndicde~idenct.

riot bein sntiifi;:torilv Pxpl;xin&l by tlre cvidetlcc examined at such

S

.

.

i nq~~es t,

i t shnll bc lkwf'ul tor the s:lirl o

r

hy ;L rcqulmtml in

writling, to call

n p m the

C'orowr to ishuc his s u l r l l ~ ~ n ~ s

fbr tlw at-

t e n h n w of

some

other l e ~ n l l

v cruxliiird h l edical l'ractitiorrcr, or

TTIII, And be it Emc.tcd, That whrn arlv person ~lial l

lmvc lxr i i

~,,,,,,

,

,

,

tin?

duly

stlrrrmoucd to attcl~rtl ss a juror

or as

a

witness at, any irlqiwst,

j u r ~ ~ r ~ r ~ r w i t n e s s ~ s f i ~ r

IIOU attendance at 111-

and sllch ncrson shall fail or ile&$tlCt

to atterld at the time m d 1)h.X quest, alld trnrlsmlt

specified $ such summons,

i t & n l ~

be lawful for the ('onmer

to d ~ ~ c o l l n t d '

tI1('

sarne to the clerk of

cause such person to be o p ~ l y

c d l d three timcs to nppeiu and ill, ueurer+, conrt.

serve as a junrl; or to spprnr a d give evidcnrr a t such inqmst,

and upon 6bc non-appenrinnce of such pcruon, and proof that such summons had been served upon him, or left a t his u s ~ d place of abode, to impose such fine upon the person so making defhult, not

exceeding the sum of Forty Slrillingr, as to such Coroner shall seem

fit;

Proviso.

~ W X W nearest only,

X.

And he it Ennctcrl, l'l1:r t i t ally ('oroncr

shall hold an inqocst

,

to hold inquests, ex-

rapt ill cefinur cnroa. i t a

p l c to which 11~1

slia11 uot be the i l ~ r e a t

Coroner, escc~pt

I

duriilg tile ilhess,

i l l ~ ~ f l i l ~ l t T,

or absence of the nearest Coroner-,

he s11all statfl, in the al&ncCof suc11 i~~quest. a s Jbresaid, the reason of I l k having I i c 1 l t l srich inquest, nrd it shall be lawfid for the Auditor- Gcncrwl, br4'ore wlioui the abstract and ~ Z C C O U ~ ~ S of such iiqucst shdl he laid, to refuse to certify any sum of mowy for the payment of such a Coroner wlio sliall hold sncll a11 iuyucst.

AII orders of Core-

XI. A l ~ d

be it Enacted, That every order wlii~11,

by and mder

ners, &C., to be signed. tlle provisions af this Ordillance, ariy Corvrler shall tnake and

Any order not sisne*, isarw; &C., not to be of any shall be s i p c d by such Coimier; m d that m y order

wliich any C'orouer slid1 make a i d issue, a d which sl~ali

riot )JL.

erect.

signed as aforesaid, shall be of' 110 force or eRect whatsoever, nor

sLH any person be subject to or visited with any fine or dtller

punishmeut for disobedie~ice

thereof.

XII. And

XII. And be it Enacted, That every Coroner upon any inquisi- tion beforc him taken, whereby any penon shall he clrarged with

Depositions before

Coroners.

murder or msnshoghter, or as an accessory to murder before the fact, or as an accessory after the fact to murder or nlanslaughter, shall put in writing the evidencc given to the jury before him, or as much thereof as shall be material, and shall bind hy recoqni- zame all such persons as know or declare any thing material toucll;'lng the offence, to appear at the next Sessions of Oyer i w d Terminer, or Gaol Delivery of the Supreme Court, then and there to prosecute arid give evidence against the party charged; and every such Coroner shall certify the same evidence and all such reroqriaimccs, and also the inquisition before him taltcn, and slmll transmit the same forth-

with to Her Majesty's Attorney or Advocate-General.

XIII. And bp it Enacted, That everv person charged with llnvirrg caused tlle death of the deceased

Any party accnsccl may be present at

or with having been nc-

inrpests.

cessory or instru~nei~tal thereto, shall 1,c a t liberty to l& present, and to cunss-manline each witness procluccd against h u, as well as to produce evidence in his ciefcncc; and the examination of every witness for the defence shall be taken d a w ~, in writing, by the Coroner.

XIV. And he it Rnnctcd, That the Coroner shall bc at liberty,

to take statement of

Power for Coroner

having previolislr explained to arw prisoner or party ilccuscd th&

accused.

he is not c ~ o ~ ~ ~ l l d d e to answer &ly qucstiom wl~ich may be put to him, to take down in writing any statement voln~itarily made by him; m d such written statement, signed by the pt isoner or accnsrtl, after having been distinctly read over to h m, s ld l be ado~issnble

evidence agaiust him: 1'1.nvitled always7

t lmt m y voluutary state- Proviso

n1ent.r or confkssion of the prisoner or party nceuscd, innde a t any

prisoner or party accused.

tinw to any persou, may be verbally p r o i d at the trial of such

XIT. Arid he it Enacted, That if any person shall be deemed Power for Coroner to

3 vlrilty of having caused, 01. of ilnving been accessory or instrumental cOmnl"~art~acl'used.

to, the death of the deceased, such person, if p r ~ s m t, shall bc arrested and committed by the Coroi~er to snk custody, to be delivered over to thc liceper of tllc nearest Gaol.

,

XVL And be it Enacted, That in all questions which may arim yrmtire

inijllcfits

on any Coroner's inquest to be hereafter held in this Province, ard in xndwcl

to be

followed.

which are not herein provided fbr, the Coroners and jurors shall follow as nearly as possible the practice which would be adopted by a Coroner and jury holdieg an inquest in England under similar circumstances.

XVII. And

Returns of iriquests

XVII.

And bc it Enacted, That every Coroner by or before whoni

by Coroners.

any inquest posf mortem s l d l be taken, shsll make an abstract of the inquisition and finding of the jury, and shall state in such ab- stract the names of the jurors in any such inyucst, and tlie nnn~es

of all the witnesses who shall have beell examined at the same, and shall annex thefeto an account of all sums of money due to 11iq as herein mentioned, for or on account of such inyucst, and also an account of the number of miles which hc sllall have been conlpelled

to travel from his usual place of residence to take such inquest, and

of the nun~ber of days during which such inquest, or any adjourn- ment thereof (if any) shall have continued, and a statcnrent of thc grounds of belief which such Cororrcr may, at tile time of holdii~a

everv such itquest, have mtcrtained of tlre iiecessity for lroldi~l:,.

the same; and shall certify such abstracts, accounts, and staternenth,

to be tme and correct in A1 particulars, a d ~ l d l s i p t lx s;xmv~

and shall trnrlslnit the same to the Colonial Secretary nlontl~ly, or

at smh times, and to be filed of record in such manner, a; tlw

Governor lnay direct.

A l l o ~ ~ c c

for remu-

SVIII. And bc it Enacted, Tllnt it slinll 1,e lawf~d

for tlie G o ~ e m o r

~wration of

Corontw,

after exxr~~innt~ion

mid audit of such abstracts and accounts as

and mileage.

aforesaid, to authorise the paynient by thc Colonial Tw:nmrcr out

. "

of the ~ e n e r a l Public Rcvcuucs of tlk Prorince, to such (:oroner, of' the sum uf vile pound sterlins for each and every iuqnest held by him respectively as hernn provided; and over and abow such payment, such further arrd otl~cr ~11111 at the rate of' sixpence per milc for every iliile which sndl Coroner shall lime bee11 obliged to travel from his usnd place of residcnat for the purpose of taking such inquest: Proridcd always, that whenever any Coroner s l d haw hcld nrore tlmn one irlrl~~est on the same day, then, in respcot of everv such inquest taken after the first,

such Coroner for every additional mile olily which hc s l d l llavc

the said snni of sixpence per lnilf shall be computed and paid to

been compelled to travel in eonscyucme of holding morc than one

inquest 011 the same day.

1

1)

-

quest is hcld.

XIS. And be it Enacted, That it shall :md may be lawfill for t h ~ Govenror to authorise paymcnt as aforesaid of such s~um as to him ddl fieern fit, for tlre payment of the allowances for travellirlg as aforesaid to any Coroner who shall show, to the rratisfactioll of t l l ~

Governor, that he had been compelled, in tlw discharge of his office, to travel from his usual place for the purpose of taking an inquisi- tion, but which, in the exercise of his discretion, he deenicd to be unnecessary, and declined to take.

XX. Aud

XX. And bc it Enacted, That if any Coroner shall offend in Coroners offencling

anything contrary to the true intent and meanirg of the provisions may be fined.

against this Ordinance

of this Ordinance, it dlnll be lawful for the Supreme Court, upon examination and proof of' the offence in a summary manner, to set such fine upon such Coroner as the Court shall think meet.

XXI. And Whereas it is expedient to make provision for support- Inquititions n a to be

quashed on account

ing (:oroners' in yuisitions, and for preventing the same from being ,,

defrctu.

quashed on account of technical defects. be it therefore Enacted. 'rhat from and after the passing of this' Ordinance, no irquisitiod found upon or by any Coroner's inquest, nor any judgment recorded upon or hy v i ~ t n e of any such inquisition, shall be quashed, stayed, or reversed, for ~vaiit of the averment tlwrcirl of ally matter unne- cessary to be proved; nor for the omission of the words "with fbrce and arms," or of thc words '' against the Peace," or of the words

" against the form of thc Statute," nor for the omission or insertion

of i n y other words or expressions of ilcre fonu or surpluunw nor a ', for tllc insertion of the words "upon their oath," instead of the words " upon their oaths ;" nor fhr omitting to state the time at which the offcilce was coiiin~itLer1 wlleii tiwc is not the essence of the offence; nor for stn,tin:$. the time imperfectly; nor bccause any IKTSOII or persom ineiit~o11ed ill any sucll inquisitiou is or are desigimted by a naim of oflice, or btllcr descriptive appellation, instead of his, her, or their proper 11trnre or naules; nor by reason of the non-insertion of the names of the jurors in the body of any such inquisition, or of airy difference in the spelling of the names of the jllrors in the body of any such inquisition, and the rixrrles subscribed thereto; nor because any juror or jurors shall liave set his or their mark or inarlrs to any such inquisition, instead of' sub- scribing his or their name or liaiiles thereto; nor because any such

jurors has; or have, signed his or their Christian name or names by

such juror or juors is or are set forth; nor because m y juror or ~nal-h or marks is or are nnat,testcd, providd tlic nmne or narucs of

~r~earrs of an initid or partial sigaaturc only, and not at fulllength; nor because of' m y erasures or interlint.ations appwing in ally such inquisitio~l, uulcss the same shall be proved to have beell made therein gfter tllb same was signed; nor f i r want of' a proper oawe wlmc tllc inquest s l d l npycar or pwport to l ~ v c bceil taken by a Coroner; nor (cxt:opt only iu cases of mnrdcr or nm~hng1rtc.r) f'or or by reason of m y such inquisition not being duly sealed; nor hecause the Corouer or jury did not all view the body at oue nild tllc sanle instantl, provided they all view-ccl the body at the first

1 sitting of the iiquest.

1 XXII. h u t 1 bc it Enacted, That the forms in the Schedule h c ~ t o,

Ponnr in Schr?ale.

s l d l

shall be valid and sufficient for the several proceedings referred to

in this Ordinance.

Commencement.

XXIII. And be it Enacted, That this Ordinancc shall commence

and take effect from and after the passing thereof.

13. E. F. YOUNG,

Lieutenant-Governor

.

Passed the Legislative Council, this

Nineteenth day of March, One T'housand Eight Hundred and

Fziy.

W. L. OHALLORAN,

Clerk of Council.

enquire on the part of our Lady the Queen, when, where, horn, and aftcr what m m - ner the said A. I). came to his death, do say upon their oath, that one A. &I.. late of

aforesaid, gentleman, not having the fear of' God bcfore his eyes, but

being moved and seduced by thc instigation of the devil, on the

day of

in the

year of our Lady tllc Qorrn aforesaid, with force and

arm at, in the Province aforesaid, in and upon the aforwaid A.D., then and there being in the peace of God and of the said Lady the Queen, feloniously, wilfixlly, and of his malice aforethought, rnadt: an assault; and that the aforesaid A.M. then and therc, with a certain sword, of the vdue of Gve sllillinga, which the

said A.M. then and there held in liis right hnnd, tlie aforesaid A D. in and upon the

left part of the belly of the said A.D., a little above t h ~

n:wtl of' the said A.D., t l~en

and there violently, felonionsly, wilfi~lly, and of his malice afi~retliougl~t, ptruck :md pierced and gave to tlie said A.D., the11 and therc, with the sword aforesaid, in and upon thc aforcsaid left part of the belly of the ?aid A.D., :L little above tlie n:~vel of the said A.D., olle mortal wound, of the breadth of half an incl1 aucl of' the depth of' three itwlles, of which said mortal wovnd tllc aforesaid A.D. then and tllere instantly died: And so rile jurors aforesaid, upon their oath aforcsaid, do say, that the said A.M , him the said A.D , in manner and by the means aforrsaid, f'eluniouhly, wilfully, and of his mdice ahrethought, did kill 3 r d rilurdcr, against the peace 01' our said Lady the Qucen, llcr Crown and Dignity:

And the said jurors further say upon tl~eii-

oath aforesaid, that A A, of

yonmn, and B A. , of

, ycornan, were feloniously prcwnt at the tinle of'

the felony and murder aforesaid, in form aforesaid committed, that i* to say, on t 1 1 ~

said day of in the yew aforesaid, at aforesaid,

in the Provinre aforrsaid, then and there comforting, abettillt~ and aiding tlle said

against the peace of our said Lady the Queen, her Cro\vn and Tliy~ity:

A.M. to c10 and runmit tile felony awl m o d e r aforesaid H manner :~hres;~id,

And, rhoreover, the jurors aforesaid, upon their oath afore>uid, do say, that the

wid A M. , A.A., and EA., liad riot nor any of tEienl had, nor as yet have or I in th

:my goods or cllnttcl-3, lands or tenements, witl~in

the Pruvi~~ce

al'ow.nitl, or t. 1 ~ -

where, to the knowledge of the said jurors.

[Or, And the jurors atirrrbnid, up011

their oath aforesaid, do say, that the said A.B., nt the time, df' tlie doiug ant1 conl- xnitting of the felony and murder aforesaid, had goods and chattels, contained in the inventory to this inquisitiou annexed, which remain in the custody of X.C.3

In witness whereof; as well the aforesaid Coroner as t l ~ c

jnl-OI-S

afore&cl, have

to this inquisition set their 'hands and seals, on the day ant1 year, ant1 at the

place first above mentioned.

A. C., Coroner.

"

C.

11.

"S

1

J u ~ o r s,

E. F., &c.

As above, to

not having the fear of God before his eyes,

but being seduced and moved by the instigation o f t he devil, at

aforesaid.

in a rcrtain

at

t\forc>aid, stuncliug uud being, thc s:rid

A. 1).

being then and there alone, wi ill a certain hempen cord, of' the value of tl~reepence,

which he then arid there had and held in his hands, ancl ont: cnd thereof then aud

there put about his neck, and the other end thereof tied about a of' a

certain

l~imself'

then and there, wirl.1 the cord afimsaid, voluntarily ant1

fidonioudy, and of his malice afu~.etl~ougllt,

11mgetl und suffi)caatcd: And so the

jurors aforesaid, upon thcir oath aforesaid, my that the said A. L). t l~en

and tlierc in

manner and form aforesaid. as a felon of' hirnself; f'elonion~l~, voluntarily, and of' l& malice aforethought, himself killed, stlangled, and rnurdewd, against the peace, &c.

rl )r

Alz

i i zp i s i t ion where onc Drozuns

himsep

a t

nforcsaicl, in the

aforesaid.

then and there hdng alone in a common r i w r, Lllc~r

c:tllrd

himself

voluntarily and f(~lonicl~i~ls drowncd: Ancl W the j n r o r ~ aforesaid. upon their oath aforwaid, sap that the :~forrwiil A. D., in mitnnrr a11d fnrnl nforwaid, then and there himself, voluntarily and folonio~lsly a-; a felon of himself killed and murdered, agaiusl the peace, &c.

An Inquisition on one Drcmned 1 y Accirlcnt.

that the baid A. D., on tile

day of

in thc year afore&rl,

a t the

ant1 in the

aforesaid, going

into the ri-c er, tl1cr.c to hathc hirrl\el t', it W happened, that accidentally, casually, and by nli-fortune, he the -nit1 A. D. was in thc wntcr of the said river, thew and t l l w ~ sn8oc~atecl ilnd cIl.on.ricd, of' nr11ic.h c:lid +uft"oc:lt;ion and drowning lie

the saicl A. I), t t~eii

and tliwe inst:tlitlg dicd:

A4~id

DO tlte jurors aforesaid, do say,

that tile said A. D., in ~lit\niier.

and l ~ y

the HIIWI;:

t i f~rwl id,

accidentally, casually, and

by misfortune, riurio to his death ancl not otherwise.

I n witness, &c.

that the said A. D., on the

day of

j11

the g m r :~l'n~.cwirl,

at the

ant1 ill t 1 1 ~

Prox hcc: afurcsaid, .to wit in w

certain place called was fou~til ( 1 ~: 1 i j; illat he had no nlarks of violenw appearing on hi:: body, and died by tlle visitation ui' God, in a natural way and riot

otherwise.

I n witness, &C.

who eny upon their oath, tllat tlic aforesaid A. I)., on the

day nf the taking of this inyuisitiot~,

brillg ;t p l iwi~c r

in the Cianl at

i 11

tllc Proviilcc: afuresaid, tlrcn a l d t l w e dicd of' the v i d a ~ i o n

of God, and then nncl

there in Izianlm ancl form aforc:baitl calric to his death, and uot othcrwisc.

1 1,

witiic:is,

&c.

W

who say up011 their oath, that the afbrcsnid A. l)., on the clay

and year aforesaid, and at the tinw of his tleatl~.

to wit, f'r.onl the

day

of

to the tiiuc of lii- d~tt th,

rmtl at tlw t i n ~ e

of his k n t h aforesnid was a

lunatic and a persou of in-anc nliiitl;

:~nd

that the said A. L)., being :

lunatic and s

L

1)crmn of illsane mind as afore*aicl, clici on the

clay of'

come

itlone to a certain r iwx called

,

in thc, said Proviucc, and did then anti

there cast himself iuto thc said river, a11c.l dr.o\i rled lli~~ivelf

i n t11c water ot' the said

river: And So the jurors :if'orchai(l, up011 their oath aforesaid, say that tha uforcsnid A, D., from the cause aforesaid, in manner and form aforesaid, came to his death, and not otherwise. In witneas, &c.

An

by the inbtigation of the devil at

aforesaid, in the

Province aforesaid, in and irpor~ 1ii1n.dt; tl~on alrtl t l~ere being in the peace of' Ciod and of the said Lady the Queen, f'elouioudy, voluntarily, and of his rntilice nfore- thought, made an assault; and that the afoseuaitl A. D., then and tliorc, ~vitl.1 a certain knife, of the value of one penny, which he, the said A. D., then anct there held in his right hand, hirnself, upon hi3 thros~t, t h w and there feloniously, volun- twily, and of his rr~alice af'orcthongl~t~ did strike and gave to hiinself, then and tlicre, with the knife aforesaid, upoti his throal aforesaid, one mortal wountl, of' thc brentltll of four inches and the depth of' one inch, of' tvliich wid ~nortnl wound the 3izid A. I).,

at

aforesaid, in the

aforesnid, languished, and langnisliing,

lived from the said

clay of

i l l the

year aforcsairl,

to the

day of

and tlint the said A. 11, on the

day

of

afore*i~id,

i n the

y ( ' ~

:~fi~res;~id,

at

afores:tid, in

the Province afbressid, of that mortal wound diccl:

And so the jurors aforesaid, &c,

upon their ottths say, that A. I<.,

late of

gentle~nan.

at

aforesaid, in the said

on tlie

day of

in

the

year of

in the pencc of God and of our said Tady t i ~ c

Quccn then being, A. RI., late of

in the

at tlw hour of'

in the afternoon of the sanw day, ditl collie, aliti up11 him tlie said A. K., the11 and

there, of his malice aforethought, did m:tke an nsy:i~~lt, and hiin tile miti A. l<. did

then and there endenvor to beat and kill, hy contiiruirig t l ~ e

asrnult

af'oreaaid, from

the house of' one W. II., in

aforesaid, to a c.crt:~in place callatl

in the

aforesaid, and tlic .;aid A. K. .;eeir~g

that the mid A. 31, was so

maliciously disposed, to a certain wall i i ~

the ,aid p1:1ce, callcrl

did flee,

and from thence for fear of death could not e x q e, a!l(l 3 0 tile

bait1 A. K. hiln-clf;

in 1)rewrvntion of his life n g: h s t tiir ba i t1 A. A l. ,

coritinuetl

to defend,

zind in

11id

own defence him the s i t 1 A. K., upon the rigill p a ~ t OS the, Iwrxqt of him the said A. M., with a certain bword, of' tlir price of one sllilliug, mliic11 the salt1 A. K. then and there held in his right 11:cnd, clid Wilw, tlicn a:~d illere giving to the said A,M.

one mortal wound, of the breadth of one iuch and o l the tlepth of' t h r ~ c

inches, sf'

which said mortal wound the \aid A. &I.,

at

aforeuaicl, in tlic l'rovincc

afore~aid~languishecl,

ancl languishiug, lived from tlrc said

day of

to the

day of

from thence next ensuing, ant1 that the said A. M.

on the said

day of

in the

1 ear aforesaid, at

sforesnid, in the said P~wvince,

of that 111ortu1 wound died; and so the said A. I<.

did then and there kill him the said A. N.

in his own clcf'ence.

Thc same as before, only say,

that a cwtain person unknown,

&C.,

a r d acid:

And the said jurors upon their oath afore5aic1, further say, th:lt the

said person unknown after he had con~niitted

thc said felony and murder in rrranner

aforesaid, did flee away, against the peace, &c.

?+%want to Bury,

South Australia

TO the Constables of the Province of South Australia, and to

( to wit).

1

all otllers whom these may concern:

Whereas, I, with my inquest, the day and year hereunder written, have taken a view of the body of I. D.- who, not being of sound mind, memory, and understauding, but lunatic and clistrncted, shot himself [or agreeably to the Gndi~ig

of the jury], who now lies dead ill your

and have proceeded therein

according to law: These are, tliercforc, to certify, that you may la,wfially pcrmit the body of the said I. D. to he burird; and for so doing this shall be your w:~r r s~~t.

Given under my hand and seal, the

day of

Coroner.

Warrant to take zq

a &

!

&

c

interred.

South Australin

TO the Constables of South Austrslia, and to all others whom

( to wit).

I these inay concwri:

QThereas complaint lintll been nltlde unto me, one of IIer Majesty's Coroners for the said Yrovincr, that on the day of t he body

of oue G. R. was privately anti -ecretly buried in your

in the said

; and tlint the w i c l G. R. died ~ i o t

of :t natural but violent death:

And

wl~ereas no

noticc, of

tlic v i ~ l c i ~ t

c1e:~tll of the +,aid G. E. liatl~

been give11 to m y of

Her Majesty's Curorler~ fur tlie said I'rovinw, U-liereby, on Her Xajjesty's behalf; all inquisition might have been taken on tiew of the body of tlic said G. R, before 16s internlent, as by law rrcluir~d: These are, tllereforc, by virtue of' my office, in Her Majesty's nanle, to clialge and comrrlaid you, that you may forthwith cause the body of the said G. R. to be talien up, and safely conveyed to the in the said

that I, with my inqocst: may llave a view thereof', and proceed tllerein

according to law.

Hereof fail lot, us you will unswar t l ~ c

contr;~ry

at your peril.

Given under my hand and seal, the

day vf

Coroner.

*,*

Depositions of Witnesses, Statements of Parties accused, Recognisaoce~,

and Warrants, Inay be in the like fbrms as befbre Justices of' the Peace, mutatis

mutandis.

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ADELAIDE: Printed by authority by W. C. Cox, at the Government Printing

Office, Victoria-square.

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