Medical Jurisprudence, Volume 2 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 2 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
“Upon appeal of wounds and such like, especially if the wounds be
mortal, the parties appealed shall be taken immediately, and kept until
it be known perfectly whether he that is hurt shall recover or not; and
if he die, the offenders shall be kept: and if the party recover, the
offenders shall be attached by four or six pledges after, as the wound
is great or small: if it be for a maim, he shall find more than four
pledges: and two pledges if it be for a small wound without mayhem. Also
all wounds ought to be viewed; the length, breadth, and depth, and with
what weapons, and in what part of the body the wound or hurt is, and how
many wounds there be, and who gave them: all which must be enrolled by
the coroner.
“Moreover if any be appealed, the party appealing of the fact shall be
taken, and the party appealed of the force shall be attached also, and
kept in ward, until the parties appealed of the fact be attainted or
delivered.
“Also horses, boats, carts, &c. whereby any are slain, shall be valued,
and delivered unto the towns as beforesaid.
“If any be suspected of the death of any man, being in danger of life,
he shall be taken and imprisoned as before is said.”
This statute is but in confirmation of the common law, and therefore
does not restrain the powers of the coroner which he before possessed,
even though they be not mentioned in it. 1 _East. P. C._ 381, where see
observations on each part of this duty.
He is to inroll the verdict of his jury, written on parchment, and
return the Inquisition, either to the Justices of the next gaol delivery
of the county, or certify it into the King’s Bench, 2 _Roll. Abr._ 32.
He must take notes of the evidence,[80] and bind the witnesses to
appear, for neglect of which he may be fined, 1 & 2 _Ph. & Mary_, _c._
13. 1 _Lil. Abr._ 327. And if he hath not enough to answer, his fine
(for this or any other offence in execution of his office), shall be
levied on the county, as a punishment for electing an insufficient
officer. _Mirror_, _c._ 1. _s._ 3. 2 _Inst._ 175.
When it happens that any person comes to an unnatural death, the
township shall give notice thereof to the coroner. Otherwise if the body
be interred before he come, the township shall be amerced. _Hale P.C._
170. And _Holt_, C. J. says, It is a matter indictable to bury a man
that dies a violent death, before the Coroner’ Inquest have sat upon
him. 2 _Hawk. P.C._ _n._ 8. 1 _Burn’s Just._ 562.
Though it is not necessary that the inquisition be taken in the place
where the body was viewed, 2 _Hawk. P.C._ _c._ 9. _s._ 25. yet he has no
authority to take an Inquisition of Death, without a view of the body,
and if an inquest be taken by him without such view, it is void. 2
_Lev._ 140[81]. But after the view, which must be by the jury and
coroner together, the inquest may adjourn to a more convenient
place.[82]
Public-domain text, read in full here on John Shaqi.
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