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13-STRALI
a th jyf raZautte.
i'UBLTS HET) BY AUTHOR] TY.
[Registered at the General Post Office, Melbourne, for transmission by post as a newspaper.]
No. 22.] CANBERRA, THURSDAY, 20m MARCH. (1930.
ORDINANCES.
THE TERRITORY OF NORTH AUSTRALIA.
No. 4 OF . 1930. CORONERS ORDINANCE 1930.
THE TE$RITORY OF 4TRAL AIISTRALIA.
No. 3 OF .1930. CORONERS ORDINANCE 1930.
702.No. 22.
No 22.-20th March, l930' Commonwealth Gazette
Short title.
Relating- ó Droners.
E it ordained by the Governor - General of the Commonwealthf astralia, vit the a .vice of -'thee x Fe-Ora xecu iie
optic , n .¢pursuance of the powers Conferred by thee NorthernAustralia 4..c :4926, is follows
1. This Ordinance may be cited as . the Ordinance1930.
2. After the commencement of this Ordinance, The CoronersAct, 1884, The Coroners Act Amendment Act, 1889, and TheCoroners Act. Further Amendment. Act, 1907 of the °State of SouthAustralia shall cease to apply to North Australia.
Commencement. 3. This Ordinance shall commence on a date to be fixed by theGovernment Resident by notice in the mazette.
Definitions. 4. ln° this Ordinance, unless the :contrary:-inten ion- appears --
" Police Officer " means any member of the Police Forceof North Australia;
" The Crown Law Officer " means the Crown Law Officerfor North Australia and includes any officer appointedby the Government Resident to exercise the powers andfunctions - of the Crown .Law Officer for North Aus-tralia during the :;absente ;or illness Ail' that .officer orduring any vacancy in the office ;
The Supreme Court " means the Supreme Court of NorthAustralia.
Magistrates and 5. Any Special Magistrate and any Justice of the Peace forcoroners . be andmati
er to be North Australia shall b are hereb y declared to be coronersfor North Australia.
6. ,Any Coroner shall have jurisdiction to hold an . inquestSurisdictlon ofcoroners, * , concerning-
(a) the manner and cause of the death of any person whoslain or drowned,' or: who 'dies suddenly or cinder
any suspicious circumstances or in prison ; or(b) the cause or origin of any fire, whether a bush fire
or other fire, whereby any building, ship, merchandiseor any stack of corn or hay, or any grass, growingcrop, standing trees or any other valuable effectshas or have been endangered, destroyed or damaged.
íngueettotle ` 1. Any inAuest conegrning ä`d,eath or; a fire hál be heldbefore a
co- 41-"
ai death. fi
on1y,' :- by a .coroner sitting alone, andy otwithstanrig any provsiorr inany law in force in North Australia, shall be held without ajury
23 -Any reference to a coroner's jury in anr law in force in
North Australia shall, as far as applicable, be read as a referenceto a coroner.
Notice or 8.(1.) Whenever any dead body is found or any case ofeta.,
denbe givoo. sudden death- or death attended with suspicious circumstancesoccurs, any person knowing that any dead body has been found,
msmOnwealth Gazette 495 No, ,March, 3930,
or knowi ig, =or _becoming_ acquainted with ,any: such death -. as isreferred . _to. _ in this sub- section, shall forthwith give; notice to' : thenearest =coroner or police officer.
(2.) Any person who' fails to' &:0131131y with the-pro-Visions-4f' thelast preceding sub-section shall be guilty of an offence. -
Penalty : Twenty pounds.(3) Any 'police officer receiving notice or otherwise becoming
aware of any such death as is referred to in sub-section (1) ofthis section, or of any dead body being found, shall forthwith givesuch information thereof as he can obtain to a coroner.
9.(1.) If, upon receipt of such information as is referred Prooeedinpstto in the last preceding section, .a coroner deems it necessary to newhereoeseariny aquend_igshold an inquest upon any dead body, or if any coroner 'at any time where inquestthinks it 'necessary to hold an inquiry into the cause 'and origin not necessary.
of any fire, the coroner shall issue a summons to every, witnesswhose evidence he : deems necessary, to attend an inquest at thetime and place specified in the summons for the purpose of givingevidence relative . to the dead body or relative to the cause or originof the fire, and, if required, for the purpose of . producing anybooks, documents or other things ; as are specified in the summons,and the coroner shall deliver, or cause to be delivered, the . sum-monses to any police officer, who shall forthwith serve them:
Provided that, if the coroner in his discretion deems it unneces-sary to hold any inquest upon any dead body or concerning thecause and origin of any fire he shall forthwith give to the policeofficer (if any) furnishing the information referred to a certificateto that effect, and shall forthwith forward a similar certificate tothe Crown Law Officer :
Provided further that a coroner shall not give a certificate thatit is not necessary to hold an inquest upon any dead body if he hasreason to believe that the death was caused by violence.
(2.) Where any person fails to obey á coroner's summons or is,in the opinion of a coroner, unlikely to obey a coroner's summons,the coroner may issue a warrant for the arrest of that person forthe purpose of obtaining his attendance at the inquest to _giveevidence and, if required, to produce books, documents or otherthings, or otherwise for the purpose of dealing, with him accordingto law. .
10. The coroner shall examine on oath concerning thé death Examinationor fire, all persons who tender their evidence and all persons having of witnesses.
knowledge of the facts whom he thinks it expedient to examine.
11. The coroner shall, in a case of murder, manslaughter or Depositions toarson, put in writing the evidence given before him, and the be in writing.
deposition of each witness so taken shall be read over to thewitness and be signed by him and by the coroner.
12. After bearing the evidence, the coroner shall pronounce Finding andsetting. inqueftion.his finding and certify it b an inq uisition in writing forth,
as far as those particulars have been proved to him, in the case ofall inquest s of death, who the deceased was, and how, when andwhere the deceased came by his death, and, if he came by his death:by murder or manslaughter, the persons, if any, whom: the coronerfinds to have been guilty of murder or manslaughter, or of beingan .. accessory to murder before the fact, and, in . :the .case cf aninquest concerning the cause and origin of any ;fire, .the time whenand the . place where the fire occurred, the origin and cause .of thefire and, if the offence of arson has been coin nitted, the persons,,if any, whom the: coroner finds to . have been guilty of that offence.
13.(1.) Where 'a coroner's inquisition charges a person s with proceedingsponthe offence of murder, :manslaughter or arson, or of 'being -an awCeS =' iunquisition
sory before the fact to a murder,. the coroner shall issue= his _ warrant °"g ppeerrseonwith murder
for arresting or detaining that person (if a warrant to that effect arum,has , not been previously issued) , and the coroner shall commit
No. ..22:---20t}h March 1930
Warrant forexhumation.
Inquest maybe held onSunday.
Coroner maysummonmedicalwitnesses andorderpost- mortemexamination.
4496 Commonwealth Gazette
for trial the person charged and shall bind by recognizancesuch persons" examined before him as know or declare anythingmaterial concerning the offence to appear at the next criminalsittings of the Supreme Court, then and there to give evidenceagainst the person charged:
Provided that, where the offence is . manslaughter or arsow thecoroner may accept bail by recognizance with sufficient sureties forthe appearance of the person charged at the sittings of theSupreme Court at which the trial is to be, and thereupon theperson charged, if in the custody of a police officer, or in custodyunder a warrant of commitment issued by the coroner, shall bedischarged from custody.
(2.) The coroner shall forthwith transmit the inquisition,depositions and recognizances, with a certificate under his handthat they have been taken before him, to the Crown Law Officer.
14. (1.) Where it appears to any coroner that there is gravesuspicion as to the cause of death of any person whose body hasbeen buried, he may, upon reasonable cause being shown, issuehis warrant for the exhumation of the dead body for the purpose ofholding an inquest thereon.
(2.) Where a coroner issues his warrant in pursuance of thelast preceding sub section, the Crown Law Officer shall issue to theperson to. whom such warrant is addressed a licence, setting outthe conditions under which the exhumation may take place.
(3.) Any person who, without the licence of the Crown LawOfficer, exhumes any dead body which has been buried in any dulyappointed place of burial or who fails to comply with the con-ditions specified in the licence issued in respect of any such deadbody shall be guilty of an offence.
Penalty : Twenty pounds.
15. If, in the opinion of a coroner, it is expedient to hold aninquest on a Sunday, it shall be lawful to do so, and no inquisitionfound upon or by any coroner's inquest nor any judgment recordedupon or by virtue of the inquisition, shall be quashed, stayed orreversed by reason of the inquest having been held upon a Sunday.
16. (1.) Whenever, upon the holding of an inquest upon anydead body, it appears to the coroner that the deceased person wasattended at his death or during his last illness by any medicalpractitioner, the coroner may summon the medical practitioner asa witness at the inquest, and, if it appears to the coroner thatthe deceased person was not attended at or immediately beforehis death by a medical practitioner, the coroner may summon anyduly qualified medical practitioner in or near the place wherethe death happened. .
(2.) The coroner may, either in his summons or at any timebefore the termination of the inquest, direct the performance of apost mortem examination by the medical witness so summonedwho may be examined:
Provided that, if any person states on oath before the coronerthat in his belief the death of the deceased person was causedeither partly or entirely by the improper or negligent treatmentof any medical practitioner or other person, that medical prac-titioner or other person shall not be allowed to perform or assistat the port - mortem examination of the deceased.
(3.) If the coroner is of opinion that the cause of death hasnot been satisfactorily explained by the evidence of the medicalpractitioner or other witnesses brought before him, he may summonas a witness some other legally qualified medical practitioner anddirect a post - mortem examination to be made by him, whethera post - mortem examination has been already performed or not.
summonses, etc. 17. Any summons, warrant or order which any coroner issuescoroner.
by or makes shall be in writing and shall be signed by that coroner.
Coroner may 18. When any person duly summoned to attend as a witnessfßonre
witnesses fails or neglects to attend at the time and place specified in thenon-attendance. summons, the coroner may cause that person to be openly called
ÜI
tte ommónwealth . Gazette
A
497 No 22.--:20th March, .1930
three times to appealand give evidence at the inquest, and uponthe non - appearance óf that :person and upon proof of service of thesummons, the coroner may imposé on that person a fine notexceeding Five pounds, :and, in 'default :of payment, the coronermay commit that person- to any gaol or lock -up for any periodnot exceeding-one month, unless-the 'fine is sooner paid:.
Provided_ that the coroner may remit .the fine if it is provedto his satisfaction that the non -appearance of the Witness wasunavoidable.
19. At any inquest any person who, in the opinion of the 12,361,...a ¡lit, et
.has a sufficient interest in the subject or result of 'theinquest, may attend personally. or by counsel and examine andcross examine witnesses regarding matters which are relevant to
the subject of the inquest :Provided that the examination or cross-examination is con-
ducted according to the law and practice of coroners' inquests.20. (1.) If any person Puna h ft
(a.) insults the coroner during the holding of any inquest ; contempt.
(b) wilfully interrupts the proceedings at any inquest ;(e) obstructs or assaults any persons in attendance at any
inquest ;(d.) refuses without reasonable cause to answer any question
put to him as a. witness ;(e) refuses or neglects to obey any lawful order of the
coroner ; or(f) wilfully prevaricates in giving evidence,
he shall be guilty of contempt of court, and the coroner maypunish him in a summary way by imprisonment in any gaol forany period not exceeding one month or by imposing upon hima fine not exceeding Twenty pounds.
(2.) If_ a fine imposed on any person under the last precedingsub-section. is not paid forthwith, the coroner may commit thatperson to any gaol for any term not exceeding one month, unlessthe fine is sooner paid.
21. If, in the opinion of the coroner holding any inquest, it is Witnesses'expensP,s.
expedient to pay any witness or interpreter for his attendance atthe inquest, such witness or interpreter may be paid such sumin respect of travelling expenses and loss of earnings andrecompense for attendance as is certified by the coroner to bereasonable :
Provided that the amount of compensation shall be computedat rates not exceeding the rates for the time being allowed towitnesses for the Crown and to interpreters respectively in criminalcases in the Supreme Court, taking into consideration, in regardto witnesses, the different rates payable in the case of differentclasses of witnesses.
22. When a legally qualified medical practitioner not in the Rfei tion-Public Service or Administration of North Australia-has attended witnesses.a coroner 's inquest in obedience to a summons, he may be paid, ifhe makes a post- marten examination of the body of the deceasedby the direction of the coroner, on the certificate of the coroner,in addition to compensation as a witness, the sum of Two guineasfor the post - mortem examination.
23. Whenever . any coroner not in the Public Service or Rf emunerationcoronerso.Administration of North Australia holds an inquest, the coronermay be paid the sum of Two guineas for holding the inquest, and,in addition, such sum in respect offtravelling expenses and loss, ofearnings ás . is 'certified by the Crown Law Officer to be reasonable
Provided that the amount of compensation for travelingexpenses 'and loss of time shall not exceed an amount coni nitedat the rates of compensation for travelling 'expenses and loss of time-(but not for -. attendance ). for the time being . allowed to witnesses(not of any specified class) at an inquest.
24.. Any coroner who shows to the satisfaction of the CrownLaw Officer that he has been compelled, in the discharge of hisoffice, to travel from his usual place of residence for the purpose
Expenses ofcoroner whenon inquest held.
Nä: "22:L-40th $ Lich 1.934: =498 Oommonwdalth : e
of holding an inquest, which, in the exercise of his discretion, hedeemed to be unnecessary and declined to, hold, may be paidsuch sum in - respect of travelling expenses and loss of : time asis certified by the Crown =Law officer to be reasonable:
'Provided. that the amount allowed for travelling expenses andloss of time sò payable shall not exceed an amount 'computed at therates referred to in the proviso to the last preceding' section.
. 25.(1.) Where any prisoner is detained in any gaol orpenal, establisment for any cause and an inquest is pending atwhich it is deemed necessary that the prisoner should give evidenceor should bé present, the coroner may issue an order in theform set forth` in the Schedule to this Ordinance requiring theprisoner to be brought before him.
(2.) Any prisoner brought up under an order from the coronershall be deemed to be in the legal custody of the police officer,gaoler or other officer having the temporary custody of theprisoner and acting under the order, who shall in due coursereturn the prisoner into the custody from which he was brought
How prisonersmay bebrought, beforecötoneX
Provisions ofAct 245 of1882 to apply.
Statement ofaccusedpersons.
Bequests forinquests onfires.
up.
26. The provisions of Act No. 245 of 1882 of the State ofSouth Australia in its application to North Australia, regarding theright of any accused person and the husband or wife of suchperson to give evidence and otherwise, shall extend to proceedingsbefore a coroner in like manner as to a trial or to a preliminaryinvestigation before Justices.
27.(1.) The coroner may, having previously explained to anyaccused person that he is not compelled to answer. any questionwhich may be put to him or to make any statement, take down inwriting any statement which the accused person desires to make.
(2.) Any written statement of an accused person taken downin accordance with the provisions of the last preceding sub- section,which is signed by the accused person and also by the coroner,shall be forwarded with the depositions, and afterwards, upon thetrial of the accused person, may be given in evidence against himwithout further proof.
28.(1.) Notwithstanding anything contained in this Ordi-nance an inquest concerning the cause and origin of a fire shall,with the consent of the Government Resident, be held at the requestof any person upon payment by him to the Government Residentof the sung of Ten pounds.
(2.) Sub - section (2) of section sixty -one of the Fire BrigadesAct, 1904, of the State of South Australia, in its application toNorth Australia, is . repealed.
Rights of action 29. No proceedings under this Ordinance shall take away ornot affected byOrdinance. interfere with, or be deemed to take away or interfere with, the
right of any person to sue for and recover compensation for or inrespect of any 'damage or injury occasioned by the reckless ornegligent use of fire.
Returns ofinquests bycoroner.
Inquisition notto be quashedon account oftechnicaldefects.
30. Any coroner by whom any inquest is held shall make anabstract of the proceedings upon the inquest and his finding, andshall state in the abstract the names of all witnesses examined atthe inquest, and shall annex .thereto an account of all sums ofmoney ordered or certified by him to be paid on account of theinquest, and an account of the number of days during which theinquest or any adjournment
o
reof continued, and shall certify theabstracts and accounts to be rue and correct, and shall sign andforthwith transmit the abstracts and accounts to the Crown LawOfficer:
31.(1.) No inquisition founded .upon or by any coroner'sinquest, nor any judgment recorded upon or by virtue of anyinquisition, shall be quashed, stayed or reversed --
(a) _ for want of the averment therein of any matter unneces-sary to be proved ;
l"Le -Oomiiibnivl;a3th- Caraze!ti:é:499 Nt } 22:. th rc i 1980
{ b) for the omission of theords " with force and arms '',of the .words "; against the Temp or of the, words
against the form of thé statute(c) for the omission of t j r other words or expressions of
mere,sform or suriag(d) for omitting to state theime at which the offence was
committed when timeiis not the essence of the offence,for stating the Tillie imperfectly-;
s(e because any person ò#'persons mentioned in the inquisi-tion is or are : designated,by a <name of office or otherdescriptive appellation instead of his, her ` or' theikproper. names ;
(f) ; because of any :erasures or interlineation appearing inthe inquisition, unless' proved to have °been' made afterthe signing of the° inquisition ;
(g) for want of a proper venue where the inquest shallappear or purport to have been taken; or
(h) by reason of the inquisition not : being dilly , sealed orwritten upon parchment.
(2.) In all such cases of technical defect as are referred to inparagraphs (a) to (h) of the last preceding sub - section, theJudge of the Supreme Court,. if he shall so think fit, upon theoccasion of an inquisition being called into question before him,may make any requisite amendment.
32. Except in so far as is inconsistent with the provisions of B of
this Ordinance, any principle or rule of law, or established practiceor procedure, shall, notwithstanding the repeal of any enactmentby this Ordinance, remain in full force.
33. The forms in the Schedule to this Ordinance, or forms to the Forms.like effect, shall be valid and sufficient for the several proceedingsreferred to in this Ordinance, and may be used in all proceedingsby and before Coroners. .
THE SCHEDULE.
FORM 1.SUMMONS TO A WITNESS.
NORTH
ME°
AUSTRALIA.
To ofThese are in His Majesty's naine to require and command youof to appear before me, the undersigned, one of theCoroners for the Territory of North Australia, atin the said .Territory on the day ofat o'clock in the noon, then and there on HisMajesty's behalf to testify what you shall know concerning*
(and also to bring the following books, documents and other things :or such of them as are in
your possession or control) .Dated at this day of 19 .
Coroner.
The death of one , or a certain are which occurred at , as the case may bs.
Foam 2.SÚIVMOTS FOR TIEEE ATTENDANCE OF A MEDICAL WITNESS,.
NORTH AUSTRALIA.
To ofCoroner's inquest at upon the body of
By `virtue Of this my order as Coroner, you_are,required to appear beforem e a t : . - on, the day ófat o'clock in the noon, to give evidence touch mgthe cause of the death of(Add: the following if necessary, and to make or assist el a post- mortetnexamination of the body and 'report thereon at the said inquest). .
Dated at t h i s = deÿ of . ; : ; . -10
_ ,. - Coroner.
We: 22.--20th` 1980
Foam 3.
WARRANT FOR THE ARREST OF A WITNESS.
NORTH AUSTRALIA.
Oommonwealth laszettë
To the members of the police` force of the Territory of North Australia. '
Whereas of in the said Territoryhaving been duly summoned to appear before me and my inquest at
o'clock in the noon on theday of .19 , at in the said Territoryto give evidence concerning the death of (or a certainfire which occurred on or about the day of ,at in the said Territory) has failed to appear at thesaid time and place and give evidence:
These are therefore to command you in His Majesty's name forthwithto apprehend the saiddealt with according to law.
Given under my hand thisOne thousand nine hundred and .
and bring him before me to be
day of
Coroner.
Foam 4.
WARRANT FOR ARREST OF WITNESS IN FIRST INSTANCE.
NORTH AUSTRALIA.
To the members of the police force of the Territory of North Australia and tothe Keeper of the gaol at .
Whereas it appears that of in thesaid Territory is able to give evidence concerning the death of(or a certain fire which occurred on or about the day of
19 , at in the said Territory) :And whereas in my opinion the said is unlikely to obey
a summons to appear and give evidence concerning the said death (or fire) :These are therefore to command you in His Majesty's name forthwith
to apprehend the said and convey him to the gaol atin the said Territory and there to deliver him to the
Keeper thereof together with this warrant and I hereby command you thesaid Keeper to receive the . said into tour custody in thesaid gaol and there safely keep liini until the day of19 , when I hereby command you to have him at in thesaid Territory at o'clock in the noon before me andmy inquest to give evidence concerning the said death (or fire) .
Given under my hand this day ofOne thousand nine hundred and
Foam 5.
WARRANT OF COMMITMENT FOR TRIAL.
NORTH7 t
%( \IVyu`V- AUSTRALIA.
Coroner.
To the members of the police force of the Territory of North Australia and tothe Keeper of the gaol at .
Whereas, by an, inquisition taken before me one of theCoroners `for the said Territory,' the day and year undermentioned, on viewof the body of lyiag`ead at in the saidTerritory (or as to the cause and orignu. =of a certain fire ),
tp.nds eharged tha aThese are therefore, by virtue of iñ i cei s iin His Majesty's name, to chargeand command you, or any of yoni-tiiithwith safely to convey the said
to His Majesty's gaol at .. ;and these are iikewise,..by ,virtue :of my said office, in His Majesty's, name, towill and require you, the said Keeper, to receive the saidinto"°your -Custody, :and hinis safely keep in the -said :gaol until the shall bethen discharged by due course of law, and for your so doing this shill be1,4:1i -warrant.*
Given :ender _niy.°.band at , in the saidTerritory, , this -day of,One thousand nine Jnundred and .
Coroner.
: 501 No. : 2 2.--.-20th :Mar* 1 30
Font ß.
RECOGNIZANCE IN CASE OF _ APER,SO1+T. WHO IS CHARGED BY ANINQUISITION AND WHO 'IS AiIMITTED TO BAIL.
NORTH AUSTRALIA.
Be it remembered that on the day ,in the year of Our Lord One thousand nine hundred and ,A.B. of , and 'GA of and E.F. of
, personally, came before me,: one of the coroners for theTerritory of North Australia, and séverally acknowledged themselves to oweto Our Sovereign Lord the King the several sums follow ing, that is tosay -the said A.B. thé suns of the said C.D. the sum of
, and the said E.F. the suoz of -, ofgood and lawful money, to be made and ieviëa on their several goods ,andchattels, lands and tenements respectively, to the use of Our sad' SovereignLord, His IJeirs and successors, if the said A.B. fail in the condition endorsed..
Condition Endorsed.The condition of the within-written recognizance is such that whereas by
an inquisition dated the day ofA.B. was charged thatIf therefore the said A.B. shall appear at the next criuziúal sittings of theSupreme Court to be held at in the said Territory, andthere surrender himself to the Keeper of the gaol there, and plead to suchinformation as may be then and there preferred against him for or in respectof the offence aforesaid, and take his trial upon the same, and not departthe said Court without leave, then the said recognizance shall be void, orelse the saine shall remain in full force and virtue.
the said
FORM 7.
WARRANT FOR COMMITMENT FOR NON- PAYMENT OF FINE.
NoRTIz - AUSTRALIA.
To the members of the police force of the Territory of North Australia and tothe Keeper of the gaol at
Whereas of was on theday of 19 , ordered to pay the suns ofpounds for [here state the offence for which the fine was imposed):
And whereas the said has failed to pay the said sum ofpounds:
These are therefore to command you forthwith to apprehend the saidand convey him to the gaol at and
there "deliver him to the Keeper thereof together with this warrant: AndI do hereby command you the said Keeper to receive the saidinto your custody in the said gaol and there to imprison him for the space of
unless the said sum of pounds shall besooner paid and for so doing this shall be your sufficient warrant.
Given under my hand this day ofOne thousand nine hundred and
FORM 8.
WARRANT OF COMMITMENT FOR CONTEMPT.
NORTH AUSTRALIA.
Coroner.
To the- members of the police force of the Territory of North Australia and tothe Keeper of the gaol at
Whereas at an inquest held by me, one of the Coroners for the saidTerritory,. of on theday of 19. , did unlawfully insult me the said Coroner,when in attendance at my said inquest (or did unlawfully and wilfullyinterrupt the proceedings of: my said inquest, or otherwise), and I did`.there-fore adjudge the said for his said offence to be imprisonedin the ,gaol at ; for the space of
these are therefore to command you to apprehend the Said .- .
and .eon'ey. ;him to the gaol at and there . deliver him toAbe ,Keeper. thereof together with this warrant;... And. i do .hereby commandyou the said .Keeper to. receive the said {. into -your custody inthe said. gaol and there to imprison him for the space ofand'for'so doing this shall be your sufficient warrant.
Given under my hand this. One ° thousand nine hundred and
day of
CoroIIer,
31: 20: 26thi gits.reh, ° 1$d0 502
Posit IL
ATH `t)F`WITNESSES.
"The evidence you shall -give at this inquest on behalf of Our SovereignLord the .King touching the death of4 = -4
(or otherwise,as the case may lie) shall ,be the ;truth, the whole truth and nothing but thetruth --So help gita `God "'
Foam lo.
OATH OF INTERPRETER.
" You , _shall well and truly interpret unto the several witnesses hereproduced' on behalf of i3ur k Eovereign . Lord the Sing touching' the dàá.th of
(or . _̀ ì herwise, as ` the case' may be) the oath thatshall lase Administered `'into` them, and also the questions and demands whichshall . be made to the witnesses concerning the matter of this inquiry, ' andÿóù' shall well and truly interpret the 'answers which the witnesses shallgive according to the best of, your skill and ability So help you God"
FORM 1.1.
'DÉPOSITION OF WITNESS.
NORTH
The examination ofTerritory of North Australia, taken this19 , at , in the saidone -of the coroners for the said Territory,taken touching the death ofcertain fire ) .
This deponent being duly -sworn says as follows:
AUSTRALIA.
, of , in theday of
Territory, before the undersigned,on an inquisition there and then
(or the cause and origin of a
FORM 12.
FORM OF INQUISITION.
áNORTH AiisTBALLs.
An inquisition taken at in the Territory of North Aus-tralia on the day of 19 , before me
one of the coroners for , the said Territory, as to when,how and by what means A.B. came to his death .(or as to the cause andorigin of a certain fire which occurred on or about theday of at in the said Territory) .
I do find(Here set out the finding.)
Given under my hand this day ofOne thousand nine hundred and
Coroner.NOTE. The following are examples of different findings : --
(I) Inquisition of Murder.That G.D. (or a certain person unknown) on the day of
, in the year of Our Lord One thousand nine hundredand ., feloniously, wilfully and of his malice aforethought did killand murder the said A.B. against. the peace of Our Sovereign Lord the King,His Crown and dignity (where there - -is an accessory before the fact add,and :T diT further find -that. E.P. . ,of=' ,- ..before the said felonyand murder was committed, to wit, the said day of
in the year aforesaid, ; feloniously and maliciously didincite, move, procure, aid, counsel, hire, and command the said C.D. to doand commit the said felony, and murder against the peace of our saidLord' the King, His Crown and dignity).(2 ).' Inquisition _where one purposely kilts himself.
That the said A.B. on : the day of(year) at , in the said Territory did (here state mode o;suicide); And I do find that the: said ,A.B. then and there, in planner afore-said; .as -a felon-of : himsel feloniously, voluntarily, _ and of his malice afore-thought, himself killed= -(by hanging, or state the mode of side) againstÈ the4peaceF of Our Sovereign Lord the King, His Crown and dignity.(3) Inquisition where -one purposely Kitts' Mmself w7 de of unsound mind.
.That the said A.B. on the day 'of(year) at in the said Territory, being then- of unsoundmind did (here state mode of suicide); And I 4.6 find that the said A.B.,fr6mAlué i cause and manner aforesaid, came to his death and not otherwise.
Comniónivimdth# Gazetté .503 11:0.: 22.F= 20th arch, °. 1930
(4) Inquisition where one comes toi hia.death by accident.That the said. A.B. daythe y
(year) cat ' r':;1 { ; fñ =the °said Territory ': accidentally= and by mis-fortune (here state cause of-481501:eät_h,) : , Ai* ` I do find that the said A.B.,from the cause and in manner aforesaid, came to his death and not other-wise. .;
(5) Inquisition where one kills another in his own defence.That A.B. on ` be day (year)
at in the said Tei rltory, *as killed by C.D. ofwho then and there, being under rhlonable fear of life or limb in con-sequence of assaults : aiid threats against him made by the said: A.B.; didkill the said A.B. in self- defence by (_here state mode).:. And.Ido:find that
'the said-;.A.B: Met his - death from -the cause . and in the :manner aforesaid and'not-otherwise.(6) 'Inquisition where the Wound was without, and the -death within North
''Â.ustraìid.That -A.B. en -the day 'Of (dear
at (this place need not be in North Australia) assaultëdC.D. of , and holding in his .hands ,a pistol,. threatened toblow out the brains of the said C.D. amf that thereupon -the said,.C.D. beingthereby 'put in reasonable fear of life or limb, wounded the said A.B. by,(h.ere state ,mode.), and the ..said A.B. was sick Of the wound :a long:, ,time,and on the day, ,114 (gear) , died thereofat ill the said Territory : And so I do find, etc.(7 ) Inquisition where one dies a natural death.
day ofThat the said A.B. on the Y
in the year aforesaid, at , and in the said Territory,to wit in a certain place called , was found dead, and thathe had no marks of: violence appearing on his body, and died by the visitationof God in a natural way, and not ?otherwise..(8) Inquisition upon one who dues in gaol.
That the said A.B., on the day, of the taking of this inquisition, being aprisoner in the gaol at in the said Territory, then andthere died of the visitation of ,-God, and then and there in manner and formaforesaid, came to his death, and not otherwise.(9) Inquisition where the murderer' is unknown.
That a certain person unknown, etc., (as before in (1), then add)-and I do further find that the said person unknown, after he had com-mitted the said felony and murder- in manner aforesaid, did flee away,against the peace, etc.(10) Inquisition of arson. .
That A.B. on the day of (year)feloniously, wilfully and maliciously did set fire towith intent thereby then to (injure) C.D. (or to defraud a certain insurancecompany called ) against the form of the statute in suchcase made and provided and against the peace of Our Sovereign Lord theIcing, His Crown and dignity.
NORTH
Fond 13.WARRANT TO BURY.
,;:.,
C,,_:E'S'w AUSTRALIA.
To the members of the police force of the Territory of North Australia, and toall others whom it may concern.
Whereas an inquest has been this day held upon view of the body ofnow lying dead at .: These are
therefore to certify that you may lawfully permit the body of the saidto be buried. And for so doing this is your warrant.
Given under my hand this day ofOne thousand nine hundred and
Coroner.
FORM 14.
WARRANT TO EXHUME A BODY FOR THE PURPOSE OF AN INQUEST.
NoRT Ii '''1.4;
_ -w,....: AUSTRALIA.
To the members of the police force of the Territory of North Australia and toall others whom it may concern.
Whereas complaint has been made to me, one of the coroners for thesaid Territory, that on the day ofthe body of one was buried in the andthat the ,said . died not -of a natural but violent death (orotiierwïse as the 'case may be). and whereas no notice thereof has been givento any coroner for the said Territory whereby an inquisition might havebeen taken on view of the body of the said beforeinterment as by law is required : These are therefore by virtue of myoffice in His Majesty's naine to charge and - command you that you forth-with cause the body of the said-- e to be taken up and safelyconveyed to that I may have a view thereof and proceedaccording to law.
Given under my hand this day ofOne thousand nine hundred and
Coroner.
FORM- l.f+i.
CORONER'S eCERTIF.ICATE.-AP.HElEtE INQUEST DEEMEDINNECESSAI<i.Y: --
To the aneiubers °of tine police forte of the Territory Ofall others whom > it may concern.
:, the undersigned, one of the °.coroners for themade inquiry respecting the death of
, on the day ofdo hereby certify that there is not in my opinion anyinquest upon the body of thésáidthe said may be buried.
given under my hand thisOne thousand nine hundred and
Coinmbnivcalth : Gaiette
North Australia, and to
said Territory, havingwho died at
19necessity _ for holding an, and that the body of
day of
Coroner.NOTE. --The age, occupation and last known place of residence of the
deceased is to be endorsed on this certificate if possible.
FORM 16.
CORONER'S CERTIFICATE WHERE INQUEST ON FIRE IS DEEMEDUNNECESSARY.
NORTH AUSTRALIA.
To the members of the police force of the Territory of North Australia, and toall others whom it may concern.
I, the undersigned, one of the coroners for the said Territory, havingmade inquiries respecting the cause and origin of a certain fire whichoccurred at on the . day of 19do hereby certify that there is not in my opinion any necessity for holdingan inquest upon the said fire.
Given under mny. hand thisOne thousand nine hundred and
day of
FORM 17.
ORDER FOR BRINGING UP PRISONER.
NORTH AUSTRALIA.
Coroner.
To the Keeper of the gaol at and to all members of thepolice force of North Australia.
It is hereby ordered by me, one of the coroners for the said Territory,that , a prisoner now in your custody atbe brought before nie, and the said is to remain in thecustody of the members of the police force acting under this order untilthe said is in due course returned to the custody of thekeeper of the gaol at
Dated this fourteenth day. of March, One thousand ninehundred and thirty.
By His-Excellency's Command,
STONEHAVEN
Governor - General.
ARTHUR BLAKELEY
Minister of State for Horrme, .Affáirs:
Uoimnonweálth Gazette
ed;
505 No. 22.-20th March, 1930
TERE:ITOEY OF CENTiLAUSTRALIA.
No. 3 of 1930.
AN OTWINANCERelating to Coroners.
BE
it ordained by the Governor - General of the Commonwealthof Australia, with the advice of the Federal Executive
Council, in pursuance of the powers conferred by the NorthernAustralia Act 1926, as follows :-
1. This Ordinance may be cited as the Coroners Ordinance1930..
2. After the commencement of this Ordinance, The CoronersAct, 1884, The Coroners Act Amendment Act, 1889, and TheCoroners Act Further Amendment Act, 1907 of the State of SouthAustralia shall cease to apply to Central Australia.
3. This Ordinance shall commence on a date to be fixed by theGovernment Resident by notice in the Gazette.
4. In this Ordinance, unless the contrary intention appears"Police Officer" means any member of the Police Force
of Central Australia ;"The Crown Law Officer" means the Crown Law Officer
for Central Australia and includes any officer appointedby the Government Resident to exercise the powers andfunctions of the Crown Law Officer for Central Aus-tralia during the absence or illness of that officer orduring any vacancy in the office ;
"The Supreme Court" means the Supreme Court of CentralAustralia.
5. Any Special Magistrate and any Justice of the Peace for Magistrates andCentral Australia shall be and are hereby declared to be coroners to be
for Central Australia.6. Any coroner shall have jurisdiction to hold an inquest Jurisdiction of
Short title.
Repeal.
Commencement.
Definitions.
coroners.concerning
(a) the manner and cause of the death of any person whois slain or drowned, or who dies suddenly or undersuspicious circumstances or in prison ; or
(b) the cause or origin of any fire, whether a bush fireor other fire, whereby any building, merchandise orany stack of corn or hay, or any grass, growing crop,standing trees or any other valuable effects has orhave been endangered, destroyed or damaged.
7. (1.) Any inquest concerning a death or a fire shall be held Inquest to bebefore a coroner
by a coroner sitting alone, and, notwithstanding any provision in only.
any law in force in Central Australia, shall be held without a jury.(2.) Any reference to a coroner 's jury in any law in force in
Central Australia shall, as far as applicable, be read as a referenceto a coroner.
8.(1.) Whenever any dead body is found or any case of Noticeoáeath,
sudden death or death attended with suspicious circumstances etc. to be given.
occurs, any person knowing that any dead body has been found,or knowing or becoming acquainted with any such death as isreferred to in this sub- section, shall forthwith give notice to thenearest coroner or police officer.
(2.) Any person who fails to comply with the provisions of thelast preceding sub- section shall be guilty of an offence.
Pénalty Twenty pounds.
M nh;. 1930 506 Commonwealth . Gazette.
(3.)¡ Anp 1polfee efñcer receiving s notiee° or otherwises becomingaware of 'ánÿ such death `as is referred to =in si b- section `(1;.) ofthis section, or of any dead, body being found, shall forthwith givesuch information thereof as he can öbtain to a coroner.
Proceedinga 9.(1.) If, upon receipt -of such information as is referredwhere inquestnecessary and to in the last preceding section, a .coroner deems it necessary toprocee
inquedings
"wherest hold an inquest upon anyleád. bód3 ; or if any coroner at any timenot necessary. thinks it necessary to hold an inquiry into the cause and origin
of any fire, the orener sha l .issue' a summons ';to every witnesswhose evidence he deems necessary, to attend. 'au inquest at thetime and place specifiedi.n.,tlhe summons: fort .e purpose of givingevidence relative to the äßád: oódy Or relative to the cause or originof. the. Are, and, if required, -for -the purpose of producing 'anybooks; documents or other things as are specified. in the summonsand the :coroner -shall deliver, or cause to be delivered, the sum-monses to any police officer, who shall forthwith serve them :
Provided that, if the coroner in his discretion deems it unneces-sary to hold any inquest upon any dead body or concerning thecause and origin of any fire he shall forthwith give to the policeofficer (if any) furnishing the information referred to a certificateto that effect, and shall forthwith forward a similar certificate tothe Government Resident :
Provided further that a coroner shall not give a certificate thatit is not. necessary to hold an inquest upon any dead body if: he hasreason to believe that the death was caused by violence.
(2.) Where any person, fails to obey a coroner's summons or is,in the opinión of a coroner, unlikely to obey a coroner's summons,the coròner may issue a warrant for the arrest of that person forthe purpose of obtaining his attendance at the inquest to giveevidence and, if required, to produce books, documents or otherthings, or otherwise for the purpose of dealing with him accordingto law.
Examination of 10. The coroner shall examine on oath concerning the deathwitnesses. or fire, all persons who tender their evidence and all persons having
knowledge of the facts whom he thinks it expedient to examine.
Depositions to 11. The coroner shall, in a case of murder, manslaughter orbe in writing. arson, put in writing the evidence given before him, and the
deposition of each witness so taken shall be read over to =thewitness and be signed by him and by the coroner.
12. After hearing the evidence, the coroner shall pronouncehis finding and certify it by an inquisition in writing setting forth,as far as those particulars have been proved-to him, in the case ofall inquests of death, who the deceased was, and how, when andwhere the deceased came by his death, and, if he came by his deathby murder or manslaughter, the persons, if any, whom the coronerfinds to have been guilty of murder or manslaughter, or of beingan accessory to murder before the fact, "and, in the case of aninquest concerning the cause and origin of any fire, the time whenand the place where the -fire occurred, the origin and cause of thefire .and, . if the off ence of arson has been -committed, the persons,if any, whom the coroner finds to have been guilty of that offence.
Proceedings 13. -(1.) Where a coroner's inquisition charges a person withinqwith murder, sory before the fact to a murder, the coroner shall issue his- warrant
uisition the offence of murder, manslaughter or 'arson, or of being an acces-charging person
arson, etc. for arresting or detaining that person (if a warrant to that effecthas not been previously issued), and the coroner shall commitfor-trial the -person. charged and shall bind by recognizance allsuch persons examined before him ' as know or declare anythingmaterial concerning the offence to , appear at the next criminalsittings of .the, Supreme. Court, then and there to give evidenceagainst the person charged ;
= Provided that, where the offence is manslaughter or arson, thecoroner may accept bail by .recognizance -with sufficient sureties forthe appearance of the person charged at the. sittings of ; the
Finding andinquisition.
ommonwóalth ,Gazette
Supreme Court at which the trial is. to be,- and thereupon theperson charged, if : in . the -custody of a police officer; or in, custody
under a warrant of::comúnitment issued by: the coroner, shall be
discharged from custody.
2.) 'The coroner shall forthwith` forward' the ' inquisition,
depositions and recognizances, with a certificate . under his , hand
that they,:have been taken. before hint, to the Government Resident
for transmission to the. Crown Law Officer.
Where it a ears to any coroner. that there :i.s. grave warrant for14.(1.) : Where pp y . . eshumatlon.
suspicion as to the cause of death of any. person whose body has
been buried, he may, upon reasonable cause: being shown, issue
his warrant for the exhumation of the dead.hody for the purpose of
holding an inquest thereon.(2.) Where a coroner issues his warrant in pursuance of the
last preceding sub section, the Góvernment Resident shall issue to
the person to whòm stich warrant is addressed a licence, setting out
thé conditions under which the exhumation may take place.
(3.) Any person who, without the licence of the GovernmentResident,. exhumes any dead body which has, been buried in anyduly appointed place of burial or who fails to comply with the
conditions specified in the licence issued in respect of any suchdead body shall be guilty of an offence.
Penalty : Twenty, pounds.
15. If, in the opinion of a coroner, it is expedient to hold an bInquest maye held on
inquest on a Sunday, it shall be lawful to do so, and no inquisition Sunday.
found upon or by any coroner's inquest nor any judgment recordedupon or by virtue of the inquisition, shall be quashed, stayed orreversed by reason of the inquest having been held upon a Sunday.
16.(1.) Whenever, upon the holding of an inquest upon any summonCoroner may
dead body, it appears to the coroner that the deceased person was t í .
attended Lat his death or during his last illness by any medical o derr
practitioner, the coroner may summon the medical practitioner as examination.
a witness at the inquest, and, if it appears to the coroner thatthe deceased person: was not attended at or immediately beforehis death by a medical practitioner, the coroner may summon anyduly ,qualified medical practitioner in or near the place where
the death happened.(2.) The coroner may, either in his summons or at any time
before the termination of the inquest, direct the performance of apost- mortem examination by the medical witness so summonedwho may be examined:
Provided that, if any person states on oath before the coronerthat' in his belief the death of the deceased person was causedeither- partly or entirely by the improper or negligent treatmentof any medical practitioner or other person, that medical prac-titioner or other person shall not be allowed to perform or assistat the post-mortem examination of the deceased.
(3.) If the coroner is of opinion that the cause of death hasnot 'been satisfactorily explained by the evidence of the medical
practitioner or other witnesses brought before him, he :may summon
as a witness some other legally qualified medical practitioner and
direct a' post- mortem examination to be made by him, whethera post- mortem examination has been already performed or not.
17; Ariy summons, warrant or order which any coroner: issuesor makes shall` be in writing and shall be signed by that coroner.
18. When any person duly summoned to attend as a witnessfails or neglects to attend at the time aild place specified in thesummons, the coroner may cause that person to. be ,openly calledthree times to appear ;and :give evidence- at the inquest,. and uponthe non. appearance of that person and upon proof of service of thesummons, the coroner may, impose .on that . person a fine not
5(ì No: 2 2:=-20th; Narch,- _11934
Summonses, etc.,to be signed bycoroner.
Coroner mayfine witnessesfornon - attendance.
No. 22.-44th March; 1930. 508 Commonwealth Gazette
exceeding Pive pounds, and, in default of payment, the coronermay commit that person to any gaol or lock -up for any periodnot exceeding one month, unless the fine is sooner paid :
Provided that the coroner may remit the fine if it is provedto his satisfaction that the non - appearance of the witness wasunavoidable.
Examination of 19. At any inquest any person who, in the opinion of thewitnesses by coroner, has a sufficient interest in the subject or result of theparsoninterested. inquest, may attend personally or by counsel and examine and
cross- examine witnesses regarding matters which are relevant tothe subject of the inquest
Provided that the examination or cross- examination is con-ducted according to the law and practice of coroners' inquests.
20.(1.) If any person(a) insults the coroner during the holding of any inquest;(b) wilfully interrupts the proceedings at any inquest ;(c) obstructs or assaults any persons in attendance at any
inquest ;(d) refuses without reasonable cause to answer any question
put to him as a witness ;refuses or neglects to obey any lawful order of the
coroner ; or(f) wilfully prevaricates in giving evidence,
he shall be guilty of contempt of edurt, and the coroner maypunish him in a summary way by imprisonment in any gaol forany period not exceeding one month or by imposing upon hima fine not exceeding Twenty pounds.
(2.) If a finé imposed on any person under the last precedingsub - section is not paid forthwith, the coroner may commit thatperson to any gaol for any term not exceeding one month, unlessthe fine is sooner paid.
21. If, in the opinion of the coroner holding any inquest, it isexpedient to pay any witness or interpreter for his attendance atthe inquest, such witness or interpreter may be paid such sumin respect of travelling expenses and loss of earnings andrecompense for attendance as is certified by the coroner to bereasonable :
Provided that the amount of compensation shall be computedat rates not exceeding the rates for the time being allowed towitnesses for the Crown and to interpreters respectively in criminalcases in the Supreme Court, taking into consideration, in regardto witnesses, the different rates payable in the case of differentclasses of witnesses.
22. When a legally qualified medical practitioner not in thePublic Service or Administration of .Central Australia has attendeda coroner 's inquest in obedience to a summons, he may be paid, ifhe makes a post - mortem examination of the body of the deceasedby the direction of the coroner, on the certificate of the coroner,in addition to compensation as a witness, the sum of Two guineasfor the post - mortem examination.
Remuneration 23. Whenever any coroner not in the Public Service or Adminis-of coroners. tration of Central Australia holds an inquest, the coroner may be
paid the sum of Two guineas for holding the inquest, and, inaddition, such sum in respect of travelling expenses and loss ofearnings as is certified by the Government Resident to bereasonable :
Provided that the amount of compensation for travellingexpenses and loss of time shall not exceed. an amount computedat the rates of compensation for travelling expenses and loss of time(but not for attendancel for the time being allowed to witnesses(not of any specified class) at an inquest.
Expenses of 24. Any coroner who shows to the satisfaction of the Govern -coroner when llbhthat ht thment Resident has been compelled, in the discar a of hisno inquest held. p i th h g
office, to travel from his usual place of residence for the purposeóf holding an inquest, which, in the exercise of his discretion, he
Powers topunish forcontempt.
Witnesses'expenses.
Remunerationof medicalwitnesses.
(e)
Oomxaon wéalth : GazettE
702. -2
509 No. 22.-20th March, 1930
deemed to be unnecessary and declined to hold, may be paidsuch sum in respect of travelling expenses and loss of time asis certified by the Government Resident to be reasonable:
Provided that the amount allowed for travelling expenses andloss of time so payable shall not exceed an amount computed atthe rates referred to in the proviso to the last preceding section.
25.(1.) Where any prisoner is detained in any gaol or 1°NerisOII
penal establishment for any cause and an inquest is pending at coronrt beforewhich it is deemed necessary that the prisoner should give evidenceor should be present, the coroner may issue an order in theform set forth in the Schedule to this Ordinance requiring theprisoner to be brought before him.
(2.) Any prisoner brought up under an order from the coronershall be deemed to be in the legal custody of the police officer,gaoler or other officer having the temporary custody of theprisoner and acting under the order, who shall in due coursereturn the prisoner into the custody from which he was brought up.
26. The provisions of Act No. 245 of 1882 of the State of South Provisions ofAustralia in its application to Central Australia, regarding the ß22t0 apply.
right of any accused person and the husband or wife of suchperson to give evidence and otherwise, shall extend to proceedingsbefore a. coroner in like manner as to a trial or to a preliminaryinvestigation before Justices.
27.(1.) The coroner may, having previously explained to any statement ofaccused person that he is not compelled to answer any question per oñ;.which may be put to him or to make any statement, take down inwriting any statement which the accused person desires to make.
(2.) Any written statement of an accused person taken downin-accordance with the provisions of the last preceding sub section,which is signed by the accused person and also by the coroner,shall be forwarded with the depositions, and afterwards, upon thetrial of the accused person, may be given in evidence against himwithout further proof.
28.(1.) Notwithstanding anything contained in this Ordi- Requests forinquests on
nance an inquest concerning the cause and origin of a fire shall, $res.with the consent of the Government Resident, be held at the requestof any person upon payment by him to the Government Residentof the sum of Ten pounds.
(2.) Sub section (2) of section sixty -one of the Fire BrigadesAct, 1904, of the State of South Australia, in its application toCentral Australia, is repealed.
29. No proceedings under this Ordinance shall take away or Rights of actionaointerfere with, or be deemed to take away or interfere with, the ort dinanceaffected.
by
right of any person to sue for and recover compensation for or inrespect of any damage or injury occasioned by the reckless ornegligent use of fire.
30. Any coroner by whom any inquest is held shall make an Returns ofabstract of the proceedings upon the inquest and his finding, and cogróera. by
shall state in the abstract the naines of all witnesses examined atthe inquest, and shall annex thereto an account of all sums ofmoney ordered or certified by him to be paid on account of theinquest, and an account of the number of days during which theinquest or any adjournment thereof continued, and shall certifythe abstracts and accounts to be true and correct, and shall signand forthwith forward the abstracts and accounts to the Govern-ment Resident for the settlement of any payments ordered orcertified in accordance with the provisions of this Ordinance andfor subsequent transmission to the Crown Law Officer.
31. --(1.) No inquisition founded upon or by any coroner's ueition not
inquest, nor _any judgment recorded upon or by virtue of any n qq ut ofcal
inquisition, shall be quashed, stayed or reversed -- ddeefehnicts
(a) for want of the averment therein of any -natter unneces-sary to be proved
(b) for the omission of the words "with force and a rms ",of the words "against the peace", or of the words"againstagainst the form of the statute";
No 22:-=-_ 21f.th March, 1930 .
Savings ofrepeal.
Commonwealth .{gazette
(c) ,for the omission . of any other words or expressions : ofmere form or surplusage ;
( d) for omitting to state the time at which the offence wascommitted when time is net the essence of the offence,or for stating the tinïe imperfectly ;
(e) because any person or persons mentioned in the inquisi-tion is : or < are designated by a name of office or otherdescriptive appellation instead of - his,, her or theirproper names ;
(f) because of any erasures or interlineation appearing inthe inquisition, unless proved to have been made afterthe signing of the inquisition ;
(g) for want of a proper venue where the inquest shallappear or purport to have been taken ; or
(h) by reason of the inquisition not being duly sealed-orwritten upon parchment.
(2.) In all such cases of technical defect as are referred to inparagraphs (a) to (h) of the last preceding sub - section, theJudge of the Supreme Court, if he shall so think fit, upon theoccasion of an inquisition being called into question before him,may make any requisite amendment.
32. Except in so far as is inconsistent with the provisions ofthis Ordinance, any principle or rule of law, or established practiceor procedure, shall, notwithstanding the repeal of any enactmentby this Ordinance, remain in full force.
33. The forms in the Schedule to this Ordinance, or forms to thelike effect, shall be valid and sufficient for the several proceedingsreferred to in this Ordinance, and may be used in all proceedingsby and before Coroners.
THE SCHEDULE.FORM I.
SUMMONS TO A WITNESS.
CENTRAL A t> sTsALaA.
To ofThese are in His Majesty's iiame to require and command youof to appear before me, the undersigned, one of theCoroners for the Territory of Central Australia, atin the said Territory on the day ofat o'clock in the noon, then and there on HisMajesty's behalf to testify what you shall know concerning*
(and also to bring the following books, documents and other things:-or such of them as are in
your possession or control) .Dated at this day of 19
The death of one
Coroner., or a'certaln fire which occurred at , as the ease may be.
FORM 2.SUMMONS FOR THE ATTENDANCE OF A 11IEDICAL WITNESS.
CENTRAL
e.To of
Coroner's inquest at upon the body of .
ï By. virtue of this my order as Coroner, you are required to : appear beforeme at on ,the day ofat o'clock` in the noon, . to give evidence "touchingthe - cause of the-death of(Add the following if necessary, and to make or ; essist at a post - mortemexamination .cif the -body and report thereon at, the said inquest) .
Dated at this day of 19
AUSrRALU.
Coroner
Commonwealth _ Oazette 511
Foam .3.WARRANT_ FOR THE ARREST OF A WITNESS.
CENTRAL
To the members of the police force of -tu e 'Territory of Central Australia..Whereas of in the said Territory
having been duty summoned to appear before me and my inquest ato'clock in the noon on the
day of 19 , at in the said Territorytó give evidence concerning the death of (or a certainfire which Occurred on or about the day of 19 ,8t in the said Territory) 'has failed to appear. it thesaid time and place and give evidence :
These are therefore to command you in His Majesty's name_ forthwith. to apprehend the said . and bring him. before Me to bedealt with according to law.
Given under my hand this day ofOne thousand nine hundred and
AusT1tALIA.
No. 22.=,24th March, 1930
Coroner.
FORM 4.
WARRANT FOR ARREST OF WITNESS IN FIRST INSTANCE.
CENTRAL AUSTRALIA.
To the members of the police force of the Territory of Central Australia andto the Keeper of the goal at .
Whereas it appears that of in thesaid Territory is able to give evidence concerning the death of(or a certain fire which occurred on dr about the day of
19 , at in the said Territory) :And whereas in my opinion the said is unlikely to obey
a summons to appear and give evidence concerning the said death (or fire).:These are therefore to command you in His Majesty's name forthwith
to apprehend the said and convey him to the gaol atin the said Territory and there to deliver him to the
Keeper thereof together with this warrant and I hereby command you thesaid Keeper to receive the said into your custody in thesaid gaol and there safely keep him until the day of19 , when I hereby command you to have him at in thesaid Territory at o'clock in the noon before me andmy inquest to give evidence concerning the said death (or fire) .
Given under my hand this day ofOne thousand nine hundred and
Foxnt 5.WARRANT OF COMMITMENT FOR TRIAL.
CENTRAL AiJSTBALIA.
Coroner.
To the members of the police force of the Territory of Central Australia andto the Keeper of the goal at
Whereas by an inquisition taken before me one of theCoroners for the said Territory, the day and year undermentioned, on viewof the body of lying dead at in the saidTerritory {or as to the cause and origin of a certain fire j,
stands charged that heThese :are therefore, by virtue of my Office, in His Majesty's name, to chargeand command you, or any of you, forthwith safely to convey . the said
to His Majesty's gaol at ;and these are likewise, by virtue of my said office, in His Majesty's name, towill: and require you, the said Keeper, to receive the saidinto . your .custody, and him safely keep..in the said gaol until he shall bethen discharged by. due course of law, and. for your so .doing this' shill beyour warrant. .
Given under my hand,- at , in the said Territory,this day of , One thousandnine hundred and
Coroner.
--20t i, .` 130 512
FORM 6.
RECOGNIZANCE IN CASE OF A PERSON WHO IS CHARGED BY ANINQUISITION AND WHO IS ADMITTED TO BAIL.
Oommonwealth- 4azette
CENTRAL AUSTRALIA.
Be it. remembered that on .. the . . day ofin the year of Our Lord One thousand nine hundred and ,A.B. of and C.D. of and E.F. of
personally came before me, one of the coroners for theTerritory, of Central Australia, and severally acknowledged themselves to oweto Our Sovereign Lord the king the several sums following, that is tosaythe said A.B. the sum of , the said C.H. the sum of
, and the said E.F. the -sum of , ofgood and lawful money, to be made and levied on their several goods andchattels, lands and tenements respectively, to the use of Our said SovereignLord, His Heirs and successors, if the said A.B. fail in the condition endorsed.
. Condition Endorsed.The condition of the within- written recognizance is such that whereas by
an inquisition dated the day of the saidA.B. was charged thatIf therefore the said. A.B. shall appear at the next criminal sittings of theSupreme Court to be held at in the said Territory, andthere surrender himself to the Keeper of the gaol there, and plead to suchinformation as may be then and there preferred against him for or in respectof the offence aforesaid, and take his trial upon the same, and not departthe said Court without leave, then the said recognizance shall be void, orelse the same 'shall remain in full force and virtue.
FORM 7.WARRANT FOR COMMITMENT FOR NON - PAYMENT OF FINE.
CENTRAï. AUSTRALIA.
To the members of the police force of the Territory of Central Australia and. to the Keeper of the goal at .
Whereas of . was on theday of 19 , Ordered to pay the sum ofpounds for [here state the offence for which the fine was imposed):
And whereas the said lias failed to pay the said sum ofpounds:
These are therefore to command you forthwith to apprehend the saidand convey him to the gaol at and
there deliver him to the Keeper thereof together with this warrant: AndI do hereby command you the said Keeper to receive the saidinto your custody in the said gaol and there to imprison him for the space of
unless the said sum of pounds shall besooner paid and for so doing this shall be your sufficient warrant.
Given under my hand this day ofOne thousand nine hundred and
FORM 8.
WARRANT OF COMMITIMÌJNT FOR CONTEMPT.
ICENTRAL AUSTRALIA.
Coroner.
To the members of the police force IA' the Territory of Central Australia andthe Keeper of the goal at .
Whereas at an inquest held by me, one of the Coroners for the saidTerritory, of on theday of 19 , did unlawfully insult me the said Coroner,when in attendance at my said inquest (or- did unlawfully and wilfullyinterrupt the proceedings of my said inquest, or otherwise), and I did there-fore adjudge the said for his said offence t o be imprisonedin the gaol at for the space of .
These ire therefore to command you to apprehend the saidand convey him to the gaol at and there deliver him tothe Keeper thereof together with this warrant: And I do hereby commandyou the said Keeper to receive the said into your custody inthe said gaol and there to imprison him for the space ofand for so doing this shall be your sufficient warrant.
. Given under my hand this day ofOne thousand nine hundred and .
Coroner.
mmoniealtli aazette 513 No. .22.20t1i Idar'eh, 1930
FORM 9.
OATH OF WITNESSES." The evidence you shall give at . this inquest on behalf of Our Sovereign
Lord: the King touching the death of (or otherwise,
as the case vu y be) shall be the truth, the whole truth and nothing but thetruth So help you God."
FORM 10.
OATH OF INTERPRETER."you shall well ,and truly interpret unto the several witnesses here
produced on behalf of Our Sovereign Lord the King touching the death of(or otherwise, as the case may be) the oath that
shall be administered unto them, and also the questions and demands whichshall be made to the witnesses concerning the matter of this inquiry, andyou- shall well and truly interpret the answers which the witnesses shallgive according to the best of your skill and ability So help you God."
Fo$M 11.DEPOSITION OF WITNESS.
CENTRAL,ì11 :îl
;1R̀._- AIISTßALIA.
The examination of , of , in theTerritory of Central Australia, taken this day of19 , at , in the said Territory, before the undersigned,one of the coroners for the said Territory, on an inquisition there and thentaken touching the death of (or the cause and origin of acertain fire )
This deponent being duly sworn says as follows:
FORM 12.
FORM OF INQUISITION.
CENTRALrt
¡.rtfr-cRic
AUSTRALIA.
An inquisition taken at in the Territory of CentralAustralia on the day of 19 , before me
, one of the coroners for the, said Territory, as to when,how and by what means A.B. came to his death (or as to the cause andorigin of a certain fire which occurred on or about theday of at in the said Territory) .
I do find(Here set out the finding.)
Given under my hand this day ofOne thousand nine hundred and
Nom.The following are examples of different findings :(1) Inquisition of Murder.
That C.D. (or a certain person unknown ) on the day of, in the year of Our Lord One thousand nine hundred
and , feloniously, wilfully and of his malice aforethought did killand murder thé said A.B. against the peace of Our Sovereign Lord the .King,His Crown and dignity (where there is an accessory before the fact add,and I do further find that E.F. of , before the said felonyand murder was committed, to wit, the said day of
, in the year aforesaid, feloniously and maliciously didincite, move, procure, aid, counsel, hire, and command the said C.D. to doand commit the said felony and murder against the peace of our saidLord the King, His Crown and dignity) .(2 ) Inquisition where one purposely kills himself.
That the said A.B. on the day of(year) at , in the said Territory did (here state , mode Ofsuicide) : And I do find that the said A.B. then and there, in manner afore-said, as a felon of himself, feloniously, voluntarily, and of his malice afore-thought, himself killed (by hanging, or state the mode of suicide) againstthe peace of Our Sovereign Lord the King, His Crown and dignity.(3 ) Inquisition where one purposely kills himself while of unsound mind.
That the said A.B. on the day of( year) at in the said Territory, being then of unsoundmind did (here state mode of suicide) : And I do find that the said A.B.,from the cause and manner aforesaid, came to his death and not otherwise.(4) Inquisition where one comes to his death by accident.
That the said A.B. on the day of(year) at in the said Territory, accidentally and by mis-fortune (here state cause of death) : And I do find that the said A.B.,from the cause and in manner aforesaid, came to his death and not otherwise.
Coroner.
: No. 22.-20th : arch, 1930 514
(5) Inquisition where one kills another in his own defence.That A.B. on the . day of (year )
at in the said Territory, was killed by C.D. ofwho then and there, being under reasonable fear of life or limb in con-sequence of assaults and threats against him made by the : said A.B., didkill the said A.B. in self- defence by- (were state mode) : And I do find- thatthe said A.B. met his death from the cause and in the-manner aforesaid andnot otherwise.(6) Inquisition where the wound was Without, and the death within, Central
Australia.That A.B. on the day of (year)
at (this place need not be in Central Australia) assaultedC.D. of , and holding in his hands a pistol, threatened toblow out the brains of the said C.D. and that thereupon the said C.D..beingthereby put in reasonable fear of life or limb, wounded the said -A.B. by(here state »node), and the said A.B. was sick of the wound a long time,and on the day of (year), died thereofat in the said Territory: And so I do find, etc. .
(7) Inquisition where one dies a natural death.That the said A.B. on the day of
in the year aforesaid at , and in the said Territory,to wit in a certain place called , was found dead, and thathe had no marks of violence appearing on his body, and died by the visitationof God in a natural way, and not otherwise.,(8) Inquisition upon one who dies in gaol.
That the said A.B., on the day of the taking of this inquisition, being aprisoner in the gaol at , in the said Territory, then andthere died of the visitation of God, and then and there in manner and forniaforesaid, came to his death, and not otherwise.(9) Inquisition where the mitriderer is unknown.
That a certain person unknown, etc. (as before in (1) , then add)and I do further find that the said person unknown, after he had com-mitted the said felony and murder in manner aforesaid, did . flee away,against the peace, etc.(10) Inquisition of arson.
That A.B. on the day of (year) feloniously, wilfullyand maliciously did set fire to with intentthereby then to (injure) C.D. (or to defraud a certain insurance companycalled ) against the form of the statute in suchcase made and provided against the peace of Our Sovereign Lord the King,His Crown and dignity.
CENTRAL
FORM 13.
WARRANT TO BURY.
AUSTRALIA.
To the members of the police force of the Territory of Central Australia, andto all others whom it may concern. .
Whereas an inquest has been this day held upon view of the body ofnow lying dead at : These are
therefore to certify that you may lawfully permit the body of the saidto be buried. And for so doing this is your warrant.
Given under my hand this day ofOne thousand nine hundred and
Coroner.
FORM 14.
WARRANT TO EXHUME A BODY FOR THE PURPOSE OF AN INQUEST.
fCENTRAL AUSTRALIA.
To the members of the police force iIf the Territory of Central Australia, andto all others whom it may concern.
Whereas complaint has been made to me, one of the coroners for thesaid Territory, that on the day ofthe body of one was buried in the andthat the said died not of . natural but violent death (orotherwise as the case may be) and whereas no notice thereof has been givento any coroner for the said Territory whereby an inquisition might, havebeen taken on view of the body of the said beforeinterment as by law is required: These are therefore virtue of niyoffice in His Majesty's name to charge and command you that you forthwith cause the body of the said to be taken up and safelyconveyed to that I may have a view thereof and proceedaccording to law.
Given under my hand this day ofOne `thousand nine hundred and
Coroner.
)f{ ti onwealth Gazette bl
Foam 15.
CORONER'S CERTIFICATE WHERE INQUEST DEEMEDUNNECESSARY.
CEITILAI. -- - J a._ .
AUSTRALIA.
No. 22.--20th March, 1930
To the members of the police force of the Territory of Central Australia, andto all others whom it may concern.
havingthe undersigned, one of the coroners for the said 'Territory, gdied atinquiry respecting the death of
day ofwho di
on the ydo hereby certify that there is not in my opinion any necessity for holding aninquest upon the body of the said , and that the body of
the said may be buried.(riven under my hand this day of
Once thousand nine hundred and Coroner.
NOTE. The age, occupation and last known place of residence of thedeceased is to be endorsed on this certificate if possible.
FORM 16.
CORONER'S CERTIFICATE WHERE INQUEST ON FIRE IS DEEMEDUNNECESSARY.
Cr\'rßAL.11, n,.
.: _. 4. ..
Aì'6TRALIA.
To the members of the police force of the Territory of Central Australia, andto all others whom it may concern.
I, the undersigned, one of the coroners for the said Territory, havingmade inquiries respecting the cause and origin of a certain fire which
occurred at on the day of ,
do hereby certify that there is not in any opinion any necessity for holdingan inquest upon the said fire.
Given under my hand this day ofOne thousand nine hundred and
Coroner.
FORM 17.
ORDER FOR BRINGING UP PRISONER.
CENTRAL
To the Keeper of the gaol atpolice force of Central Australia.
It is hereby ordered by me, one of the coroners for the said Territory,that . a prisoner now hi your custody atbe brought before me, and the said is to remain in thecustody of the members of the police force acting under this order untilthe said is in due course returned to the custody of theKeeper of the gaol at.
Dated this day Of 19
Ai?STRALIA.
and to all members of the
Coroner.
Dated this fourteenth day of March. One thousand- ninehundred and thirty.
STONEHAVENGovernor - General.
By His Excellency's Command,ARTHUR BLAKELEY
Minister of State for Home Affairs,
Printed and Published for the GOVERNMENT of the COMMONWEALTH of AUSTRALIA byI. J. Gex, Government Printer, Canberra.
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