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
He may in convenient time take up a dead body that hath been buried, in
order to view it: but if it be buried so long that he can discover
nothing, or if there be danger of infection, the inquest ought not to be
taken by the coroner, but by Justices of Peace, by the testimony of
witnesses; for none can take it on view, but the coroner. _Bro. Coron._
167. 173. If the body is improperly buried, or suffered to lie till it
stinks, the town shall be amerced. 2 _Danv. Ab._ 209. _Hale, P.C._ 270.
2 _Hawk._ 48.
A Coroner’s Inquisition being final, the coroner ought to hear
counsel[83] and evidence on both sides.[84] 2 _Sid._ 90. 101. He must
admit evidence as well against the king’s interest as for it; and for
omitting to do so, his inquisition may be quashed. 2 _Hale, P. C._
60.[85] 1 _East’s P.C._ 383.
The coroner among other things must enquire of the deodand, which on the
violent death of any one, even though purely accidental, has accrued to
the king or his grantee.
This mulct was, in ancient times, applied to the purpose of purchasing
masses, for the repose of the soul of the deceased; it is now converted
into an ill apportioned, arbitrary, or, in a few cases, inadequate
fine[86] on the individual, whose property has been, whether innocently
or culpably, the cause of death. It is as absurd that a ship under sail,
from which a man has fallen and been drowned, should be forfeited to the
king; as it is lamentable that the ignorant, and too frequently the
criminally negligent vender of oxalic acid for Epsom salts, should
escape all punishment.
Public-domain text, read in full here on John Shaqi.
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