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
As will be seen below from a synopsis of the statutes relating to
this matter, many of the States have enacted statutes defining and
prescribing the duties of the coroner and other public officers in such
cases. At an early period in England (see 2 and 3 Will. IV., chap. 75,
sec. 7) it was enacted by the English Parliament that any executor
or other person having lawful possession of the body of a deceased
person, and not being an undertaker or other party entrusted with the
body for the purpose only of interment, might lawfully permit the body
of such deceased person to undergo an anatomical examination, unless
to the knowledge of such executor or other party such person should
have expressed his desire during his life in writing, or verbally in
the presence of two or more witnesses during his illness whereof he
died, that his body after death might not undergo such examination, or
unless the surviving husband or wife or known relative of the deceased
shall require the body to be interred without such examination. By
another section of this statute (sec. 10), professors of anatomy and
other persons duly licensed were declared not liable to punishment for
having in their possession human bodies when having such possession
according to the provisions of the act.
Section 308 of the New York Penal Code, subdivision 3, as amended
by chapter 500, Laws 1889, enacts that whenever and so far as the
husband, wife, or next of kin of the deceased, being charged by law
with the duty of burial, may authorize dissection for the purpose
of ascertaining the cause of death and no further, the right exists
to dissect the dead human body. The same statute also provides that
whenever any district attorney of that State, in the discharge of
his official duties, shall deem it necessary, he may exhume, take
possession of, and remove the body of a deceased person, or any
portion thereof, and submit the same to a proper physical or chemical
examination or analysis, to ascertain the cause of death, which
examination or analysis will be made on the order of a justice of the
Supreme Court of the State, or the county judge of the county in which
the dead bodies shall be, granted on the application of the district
attorney, with or without notice to the relatives of the deceased
person, or to any person or corporation having the legal charge of
such body, as the court may direct. The district attorney shall also
have power to direct the sheriff, constable, or other peace officer,
and employ such person or persons as he may deem necessary to assist
him, in exhuming, removing, obtaining possession of, and examining
physically or chemically such dead body, or any portion thereof; the
expense thereof to be a county charge paid by the county treasurer on
the certificate of the district attorney.
Public-domain text, read in full here on John Shaqi.
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