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CORONERS ACT 1892
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CHAPTER LVI.
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An Act to amend the Law in relation to the Appointment of Coroners and Deputy Coroners in Counties and Boroughs.[1]
. [28th June 1892.]
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Appointment and powers of a deputy coroner of both a county and a borough.
50 & 51 Vict. c. 71
51 & 52 Vict. c. 41.
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1.[2]
—(1) Every coroner, whether for a county or a borough, shall appoint, by writing under his hand, a fit person approved by the chairman or mayor, as the case may be, of the council who appointed the coroner, not being an alderman or councillor of such council, to be his deputy, and may revoke such appointment, but such revocation shall not take effect until the appointment of another deputy has been approved as aforesaid.
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(2) A duplicate of every appointment shall be sent to the said council and be kept among the records of the county or borough, as the case may be.
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(3) A deputy may act for the coroner during his illness or during his absence for any lawful or reasonable cause, or at any inquest which the coroner is disqualified for holding, but not otherwise. In the case of a borough coroner the necessity of his so acting shall be certified on each occasion by a justice of the peace, and such certificate shall state the cause of absence of the coroner, be openly read at every inquest jury summoned by the deputy coroner, and be conclusive evidence of the jurisdiction of the deputy to act.
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(4) The deputy of a coroner shall, notwithstanding the coroner vacates his office by death or otherwise, continue in office until a new deputy is appointed, and shall act as the coroner while the office is so vacant in like manner as during the illness of the coroner, and one certificate may extend to the period of the vacancy, and he shall be entitled to receive in respect of the period of the vacancy the like remuneration as the vacating coroner.
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(5) For the purpose of an inquest or act which a deputy of a coroner is authorised to hold or do, he shall be deemed to be that coroner, and have the same jurisdiction and powers and be subject to the same obligations, liabilities and disqualifications as that coroner, and he shall generally be subject to the provisions of the Coroners Act, 1887, and to the law relating to coroners in like manner as that coroner.
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(6) A council may postpone the appointment of a coroner to fill a vacancy, either generally or in any particular case, for a period not exceeding three months from the date at which that vacancy occurs.
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(7) For the purposes of this section the council who appointed a coroner shall—
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(a) where the coroner was, in pursuance of any section of the Local Government Act, 1888, appointed by or on the recommendation of a joint committee, be deemed to be any of the councils who appointed any members of that committee; and
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(b) where a coroner for a district of a county is, in pursuance of sub-section four of section thirty-four of the Local Government Act, 1888, appointed by the council of any county borough, be deemed to be that council.
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(8) In the case of a county coroner who has been elected before the date on which the provisions of the Local Government Act, 1888, as to the appointment of coroners came into force, the council of any county or county borough, in which the district of the coroner is wholly or partially situated, shall for the purposes of this section be deemed to be the council who appointed the coroner.
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[S. 2 rep. 8 Edw. 7. c. 49 (S.L.R.).]
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Construction of Act and short title.
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3. This Act shall be construed as one with the Coroners Act, 1887, and this Act and that Act may be cited together as the Coroners Acts, 1887 and 1892, and this Act may be cited separately as the Coroners Act, 1892.
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[Sched. rep. 8 Edw. 7. c. 49 (S.L.R.).]
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[1 Short title, “The Coroners Act, 1892”; see s. 3.]
[2 Sub-ss. (1)–(5) and (8) were applied to Ireland (except Dublin county borough) by 8 Edw. 7. c. 37.] |
