The Coroners Act Further Amendment Act 1907 (SA)

ANNO SEPTIMO

EDWARDP V11 REGIS.

No. 922.

An Act to Further Amend the Law relating to

Coroners.

[ A s s e ~ z t e d to, November y th, 1907.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, This ,4ct may be cited as " 'l'he Coroners Act Further short title and

Amendment Act, 1907," and shall be incorporated and read as one with "The Coroners *4ct, 1884," hereinafter called " the principal Act."

2, Notwithstanding anything contained in the principal Act, or P,,,, to hold

any law or custom to the contrary, in any case in which a coroner inque8hwithoutu	jury.
deems it necessary to hold an inquest upon a dead body, or to hold	Cf. Vic., No. 1828,

an inquiry into the cause and origin of any fire, it shall not here- 1903,	2.
after be necessary for such coroner to issue his summons or precept to any jurors, or to have any jurors in attendance at such inquest or inquiry unless-

( a ) Such coroner considers it desirable that jurors should be

summoned to attend; or

f b ) .. , The ,Qttorney-Gene~al directs that jurors shall bc so sum-

moncd; or

(c) A request that jurors may be summoned to attend shall be

made in writing by-

1. Any relative of the deceased perscii or any sufferer bv

the fire: 11. ~ n y

7 O EDWARDI VII, No. 922.

The Coroners Act Farther Amendment A c t. 1 9 0 7.

1 1. Any person claiming to know any circumstances relative

to the death of the deceased person, or concerning the

cause of the fire; or

rlx. Any memher of the police force.

Reasons to be stated. 3, Any coroner holding an inquest without jurors shall set forth

in writing his reasons for so holding it, and forthwith transmit such

reasons to the Attorney-General.

Effect of finding 4, Where, pursuant to the provisions of this Act, an inquest is

where no jury.

held by a coroner withont jurors, the proceedings thereat shall in all respects be as nearly as practicable as if jurors had been snm- moned and attended, and the finding or decision of such coroner shall for all purposes have the like force and effect as the finding or verdict of jurors would have had thereat, and any reference in any Act to a finding or verdict of a coroner's jury, or of jurors at coroner's inquests or inquiries, shall be deemed to apply also to the finding or decision of a coroner at an inquest without jurors, and such coroner shall have the like powers in reference to such finding or decision by himself alone as coroners now have on the finding or verdict by a jury or jurors at a coroner's inquest; and in taking recognisances on admitting any person to bail such coroner may vary the form contained in the Schedule to the principal Act as may appear necessary.

View on inquest not

compulsory. 5, Notwithstanding anything in the principal Act, or any law

Cf. N.Z., No. 60 of

or custom to the contrary, it shall not be necessary for the jurors

1902. sec. 6.

on any inquest to view the body of any deceased person unless

required to do so by the coroner.

Repeal, sec. 8, Act

332 of 1884. 6, Section 8 of the principal Act is hereby repealed, and the next

following section hereof shall be read in lieu thereof.

Mode of summoning 7,

(1) Upon receiving a coroner's precept, duly s iped and sealed, the constable to whom the same is dirscted shall summon a jury, either by verbal command and production of such precept or by service of summons.

j u g.

Qualification of

jurors.

(2) The jury to be so summoned shall, where practicable, consist of persons resident within two miles of the place where the inquest is to be held and whose names appear upon the jurors' list for the time being in force in the nearest Local Court.; but otherwise all true and lawful men between the ages of twenty-one and sixty years shall be qualified ss jurors, and liable to be commanded or summoned to attend as such, unless exempted by law.

Inquesta to be held

at police etrrtions or 8, Notwithstanding anything in the principal Act inquests shall,

whenever possible and convenie~~ t, he held at police stations or Local

cou* buildin@.

or

7' EDWARDI VII, No. 922. --p -

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The Coroners Act Further Amendment Act.-1907. --

or Police Court buildings where such buildings are the propel ty of

the Govenmen t.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

GEORGE R. LE HUNTE, Governor.

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Adelaide: By authority, C. E. BRISTOW, Government Printer, North Terrace.