Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
Cases of premature coffining may be extremely numerous or extremely
rare. It is a purely speculative question. There is, however, little
doubt that where a supposed dead body is left to the tender mercies
of funeral scavengers, few of these men would scruple to coffin the
same, though still animate, if the chance of discovery were remote.
And the chance of discovery would be remote--indeed, it might be quite
absent in nine out of ten such cases. Obviously, the most perfect way
to prevent premature coffining would be for the relatives or friends
of the deceased to retain possession of the body until definite
indications of decomposition or putrefaction were present. In many
cases, the eight days allowed under ordinary circumstances by the
new Bill would enable interested persons to secure evidence of this
character.
An advantage which England has over France lies in the fact that
in this country hasty burial has never been enforced. The climate
here certainly lends itself to a comparatively tardy process of
decomposition. In tropical countries, when a man dies his body is
buried or otherwise disposed of a few hours after death. In France,
unless special permission is obtained from the local authorities
(which involves having the body embalmed), it is usual to carry out
burial within forty-eight hours from the time of death. This applies
to the North of France, Normandy and Brittany, where hasty burial is
in no sense climatically necessary. But there are many other things
associated with French regulations regarding the dead which would not
find much support in this country. The grave lease, for instance,
which merely secures _temporary burial_, is one. A person dies and a
grave is leased for five years. At the end of the five years, the body
may be exhumed, and, for want of a better purpose, it is removed to a
factory where the residue of the decomposed flesh is boiled off, or
steamed off, and a skeleton is the result. The skeleton is afterwards
sold to the anatomical specimen dealer. As a regular traffic, the
whole scheme is odious and would not appeal to the legislators of this
country. Another French institution for the disposal of the dead is the
“funeral pomp monopoly.” A _concessionnaire_ obtains the right to bury
all the dead in a certain district, with the result that there is no
competition and no choice of undertakers or methods left to the person
who is responsible for the burial of a friend or relative. In Havre, in
Rouen, in Paris, these monopolies exist. One finds them in the smaller
towns, too, where the old peasant in the street feels distinctly
uncomfortable, on beholding the very men who will certainly pack him in
his coffin the moment he dies!
Public-domain text, read in full here on John Shaqi.
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