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
Where a thing is not in motion, that part of it which actually caused
the death is alone forfeited, “as if a man be climbing on the wheel of a
cart, and is killed by falling from it, the wheel alone is a deodand. 1
_Bl. Com._ 300. But whenever the thing is in motion, not only that part
which immediately gives the wound, (as the wheel which runs over his
body) but all the things which move with it, and help to make the wound
more dangerous (as the cart and loading, which increase the pressure of
the wheel) are forfeited.” _ibid._ The utmost penalty of this law might
often be inflicted on the proprietors of stage coaches, where the wilful
negligence, drunkenness, or brutality of the driver had occasioned the
loss of life. “It matters not whether the owner were concerned in the
killing or not; for, if a man kill another with my sword, the sword is
forfeited.” _ibid._ The learned Commentator thus concludes, “But juries
have of late very frequently taken upon themselves to mitigate these
forfeitures, by finding only some trifling thing, or part of an entire
thing, to have been the occasion of the death. And in such cases,
although the finding of the jury be hardly warrantable by law, the Court
of King’s Bench hath generally refused to interfere on behalf of the
lord of the franchise, to assist so unequitable a claim.” 1 _Com._ 301.
Thus is the justice of the country injured, in order to restrain the
rapacity of individuals, improperly invested with the prerogatives of
the crown. See also 1 _East. P. C._ 386.
A coroner may be punished for misconduct by fine, imprisonment, or
removal; as if he be remiss in coming to do his office when he is sent
for, he shall be removed by virtue of the statute _De Coronatoribus_ 4
_Ed._ l. _c._ 2: _Salk._ 37. _Hale P. C._ 170. or if he do not properly
execute his office. 1 _Lill. Abr._ 327.
If his Inquisition be quashed, and a _melius Inquirendum_ is granted,
that Inquisition must be taken by the Sheriffs or Commissioners, upon
affidavits.[87] 1 _Danv. Abr._ 210. _Salk._ 190.
The filing of a coroner’s inquest may also be stopped for mismanagement.
1 _Mod._ 82. If he conceal felonies he shall be fined, and suffer one
year’s imprisonment. 3 _Ed._ 1 _c._ 9. In Lord _Buckhurst’s_ case a
coroner not returning his inquisition of murder to the next gaol
delivery, but suppressing it, was discharged from his office, and fined
£100. 1 _Kebl._ 280.
If a coroner be convicted of extortion, wilful neglect of duty, or
misdemeanor in his office, the Court before whom he shall be convicted,
may adjudge that he shall be removed from his office. 25 _Geo._ 2. _c._
29.
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