Coroner Act 1850 (SA)
No. 7.
ORDINANCE Ihacted by the Governor of South Australia, with the advice and
.
[19th March, 1850.3
bc held. |
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 |
'Illrat the Sheriff', and any Deputy Sheriff of South Australia, and beComnera 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
IT. And be it Enacted, That henev ever any dead body sl~all | be | |
sttw~ded | with sus- |
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 stable, or,in default, shnll, on conrict,intr for such neglect or oulission, forfeit and pay a penalty of Ten Pounds. |
Enacted, Thnt | rccciving |
noticel or otherwise cornin(. to the knowledge of | tlcnth, |
? |
or of any dead body being toumd, shall fortllwi th give such idornla- | ||||
tion thereof as | ||||
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 | ||||
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necessary to hold an inquest upori sucll dead body, iss | ||||
and the said Coroner sllall issue | ||||
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to serve the same. |
to serve as conimon jurors accord in~ to lam: | -? | I'mvidetl |
always, that if the attendance | 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-
cessarv to attend, and be sworn as jurors upon such inquest: | |
vided ilslso, that 110 person who is now exempted from serving up011 |
, |
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
V. | |
necessary
necessary | a t srwh | iuqnrst, | he shall summon, as |
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 |
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 rnaYrcqnireftlr-
majority of the jtwors trpori any ioqtwit, that t l l u Ciluse of cleat11 has riot bein sntiifi;:torilv Pxpl;xin&l by tlre cvidetlcc examined at such |
i nq~~es t, | i t shnll bc lkwf'ul tor the s:lirl o | r | hy |
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 |
TTIII, And be it Emc.tcd, That whrn arlv person ~lial l | ~,,,,,, | , | , | , | tin? |
duly | stlrrrmoucd to attcl~rtl | or as | a | witness at, | j u r ~ ~ r ~ r ~ r w i t n e s s ~ s f i ~ r IIOU attendance at |
and sllch ncrson shall fail or ile&$tlCt | to atterld at the time m d 1)h.X quest, alld trnrlsmlt |
specified $ | i t & n l ~ | be lawful for the ('onmer | to d ~ ~ c o l l n t d ' |
sarne to the clerk of
cause such person to be o p ~ l y | c d l d three timcs to nppeiu and |
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 thatsuch 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, notexceeding the sum of Forty Slrillingr, as to such Coroner shall seem
fit;
Proviso.
~ W X W | X. | shall hold an inqocst |
, | to |
rapt | p l c to which 11~1 | slia11 | Coroner, |
I | duriilg tile ilhess, | 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 havingI 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 sucha Coroner wlio sliall hold sncll a11 iuyucst.
XI. A l ~ d | be it Enacted, That every order | by |
ners,
&C., to be signed. tlle provisions af this Ordillance,ariy Corvrler shall tnake and
Any order not sisne*, isarw; | wliich any C'orouer slid1 make a i d issue, a d | riot |
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 | |
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 | |
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 |
or with having been | 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 hisciefcncc; and the examination of every witness for the defence shall betaken d a w ~, in writing, by the Coroner.
XIV. | |
having previolislr explained to arw prisoner or party ilccuscd th& | |
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 | XIT. Arid he it Enacted, That if any person shall be deemed Power for Coroner to |
3 vlrilty of having caused,01. ofilnving been accessory or instrumentalcOmnl"~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.
,
on any Coroner's inquest to be hereafter held in this Province, ard in xndwcl |
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
XVII. | ||
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~esof 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.
for remu- | SVIII. And bc it Enacted, Tllnt it slinll 1,e lawf~d | for tlie G o ~ e m o r | |
~wration | 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 rateof' sixpence per milc for every iliile which sndl Coroner shall limebee11 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 |
1 | 1) | - |
quest is hcld. | XIS. And be it Enacted, That it shall :md may be lawfill for t h ~ Govenror to authorise paymcnt |
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.
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 | against this |
of this Ordinance, it dlnll be lawful for |
XXI. And Whereas it is expedient to make provision for support- Inquititions n a to |
ing (:oroners' in yuisitions, and for preventing the same from being ,, | |
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," | |
" 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 | |
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 |
~r~earrs of |
1 sitting of the iiquest.
1 XXII. h u t 1 bc it Enacted, That the forms in the Schedule h c ~ t o,
s l d l
shall be
valid and sufficient for the several proceedings referredto in this
Ordinance.
Commencement. |
and
take effect fromand 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 oneA. &I.. late ofaforesaid, 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 peaceof God and of the said Lady the Queen, feloniously, wilfixlly, and of his malice aforethought,rnadt: an assault; and that the aforesaid A.M. thenand therc, witha certain sword, of the vdue of Gve sllillinga, which thesaid 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 aforesaidA.D. then and tllere instantly died: And so rile jurors aforesaid, upon their oath aforcsaid, do say, that the saidA.M , him the saidA.D , in manner and by the means aforrsaid, f'eluniouhly, wilfully, and of his mdice ahrethought, did kill 3 r d rilurdcr, against the peace01' 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 | , 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: | |||
wid | |||
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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 theplace first above mentioned.
" | C. | 11. | 1 | J u ~ o r s, |
E. F., &c. |
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 | A. |
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 audthere 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.
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:
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
the saicl A. I), t t~eii | and tliwe inst:tlitlg dicd: | A4~id | DO tlte jurors aforesaid, do say, |
that tile said | 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 |
certain place called was fou~til
otherwise. | I n witness, |
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 |
tllc Proviilcc: afuresaid, | of God, and then nncl |
there in Izianlm ancl form aforc:baitl calric to his death, and uot othcrwisc. |
witiic:is, | &c. |
who say up011 their oath, that the afbrcsnid
A. l)., on theclay
and year aforesaid, and at the tinw of his tleatl~. | to wit, f'r.onl |
to the tiiuc of lii- d~tt th, | rmtl | of his k n t h aforesnid was a |
lunatic and a persou of in-anc nliiitl; | :~nd | that the |
clay of' | come |
itlone to | , | in thc, said Proviucc, and did then |
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 uforcsnidA, D., from the cause aforesaid, in manner and form aforesaid,came to hisdeath, 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.1a 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. | aforesaid, to a c.crt:~in place callatl |
aforesaid, and tlic .;aid A. K. .;eeir~g | that the mid A. |
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 | bait1 A. |
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 ~ tOS the, Iwrxqt of him the saidA. M., with a certain bword, of' tlirprice 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 |
sforesnid, in the said P~wvince, | of that 111ortu1 wound died; and so the said |
in his |
Thc same as before, only say, | that a cwtain person unknown, |
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 | |
aforesaid, did flee away, against the peace, &c. |
?+%want to Bury,
TO the Constables of the Province of South Australia, and to |
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.
! | & | c |
TO the Constables of South Austrslia, and to all others whom |
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
in the said |
; and tlint the w i c l G. R. died ~ i o t | of | 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 | contr;~ry |
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
-. |
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ADELAIDE: Printed by authority by W. C.
Cox, at the Government PrintingOffice, Victoria-square.
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