Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
In the works of the early dramatists, and by some writers of fiction,
it has been stated, or implied, that the body of a deceased person
could be seized and detained to compel the payment of his debts. This
was never the law. In Jones _v._ Ashburnham, 4 East, 460, it was held
that to seize a dead body on pretence of arresting for debt would be
_contra bonos mores_, and an extortion on the relatives, and that case
distinctly overrules any authority to be derived from the case of Quick
_v._ Coppleton, 1 Vent., 161, to the effect that forbearance to seize
or hold a body upon such a pretence would afford any consideration for
a promise to pay a debt. So, also, where a jailer refused to give up
a body of a person who had died while a prisoner in execution in his
custody, to the executors of the deceased, unless they would satisfy
certain claims against the deceased due the jailer, the Court issued
a peremptory mandamus in the first instance, commanding that the body
should be delivered up to the executors (Rex _v._ Fox, 2 Q. B., 247).
And in R. _v._ Scott, 2 Q. B., 248, it was said, that a jailer who
should attempt to do so would be guilty of misconduct in his public
character, for which he would be liable to prosecution.[499]
_How and by Whom the Dead Human Body may be Removed or Exhumed._—Where
the right of burial has been exercised, and the body interred in
its final resting-place, no person has any right to interfere
with it without the consent of the owner of the grave, or of the
properly constituted public authorities. In Foster _v._ Dodd, 8 D.
& E., 842-854, it was held, that a dead body belongs to no one, and
is, therefore, under the protection of the public. If it lies in
consecrated ground, ecclesiastical authorities will interpose for
its protection; but whether in ground consecrated or unconsecrated,
indignities offered to the remains or the act of indecently
disinterring them, are the ground of an indictment.[500]
Even the purchaser of land upon which is located a burial-ground may
be enjoined from removing bodies therefrom, if he attempts to do so
against the wishes of the relatives or next of kin of the deceased.
Every interment is a concession of the privilege which cannot afterward
be repudiated, and the purchaser’s title to the ground is fettered with
the right of burial.[501]
On the other hand, the right of the municipal or state authorities,
with the consent of the owner of the burial lot or in the execution of
the right of eminent domain, to remove dead bodies from cemeteries is
well settled.[502]
After the right of burial has once been exercised by the person charged
with the duty of burial, or where such person has consented to the
burial by another person, no right to the corpse remains except to
protect it from unlawful interference.[503]
Public-domain text, read in full here on John Shaqi.
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