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
And lastly, by the writ _De Coronatore exonerando_, _F.N.B._ 163. 164:
he may be discharged for negligence, or insufficiency, in the discharge
of his duty, and when coroners are so far engaged in any other public
business that they cannot attend the office; or if they be disabled by
old age or disease, or have not sufficient lands, or live in an
inconvenient part of the county. 2 _Inst._ 32. 2 _Hawk. P.C._ _c._ 9.
_s._ 12. But if any such writ be obtained on an untrue suggestion, the
coroner may procure a commission out of Chancery to enquire thereof; and
the king may grant a supercedeas of the writ. _Reg. Orig._ 177. 178.
_F.N.B._ 164. As the coroner’s is an office of freehold, the Court of
Chancery will not suffer the writ to issue, unless on affidavit that the
defendant has been served with notice of the petition for it. 3 _Atk._
184. On the election of a new coroner the office of the old one is _ipso
facto_ extinguished.
We have entered more fully into this description of the office and
duties of coroner in general, as we deem the due execution of them to be
of the utmost importance to the public welfare; not indeed intending it
as a guide to coroners themselves, for to that purpose it would be
insufficient; but to give some insight into the nature and character of
the office, to those who may, from time to time, be called upon to aid
its administration. It is however necessary for us to add that there are
some exceptions to the above mentioned rules, arising out of local
customs and peculiar jurisdictions; thus the Lord Mayor of London is by
virtue of his office, coroner within the City, and the Court is holden
before him or his deputy. 4 _Inst._ 250. And other places, as some of
the Royal residences, &c. have their separate coroners; but all,
whatever the mode of election or appointment, are in cases of misconduct
subject to the jurisdiction of the Court of King’s Bench.
SUICIDE.
Self-murder is ranked among the higher crimes, being a peculiar species
of felony, as implied in the technical term _felo de se_. To constitute
this offence, the party must be in his senses, else it is no crime; but
this excuse ought not to be strained to that length to which our
coroner’s juries are too apt to carry it,[88] viz. that the very act of
suicide is an evidence of insanity; as if every man who acts contrary to
reason, had no reason at all; for the same argument would prove every
other criminal _non compos_, as well as the self-murderer. The law very
rationally judges, that every melancholy or hypochondriac fit does not
deprive a man of the capacity of discerning right from wrong; and,
therefore, if a real lunatic kills himself in a lucid interval, he is
_felo de se_ as much as another man. 1 _Hales, P. C._ 412. 1 _Hawk. P.
C._ _c._ 27, _s._ 3.
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