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
Not any part of the personal estate is vested in the king, before the
self-murder is found by some inquisition; and consequently the
forfeiture thereof is saved by a pardon of the offence before such
finding; 5 _Co. R._ 110 b; 3 _Inst._ 54; 1 _Saund._ 362; 1 _Sid._ 150,
162. But if there be no such pardon, the whole is forfeited immediately
after such inquisition, from the time of the act done, by which the
death was caused; and all intermediate alienations and titles are
avoided. _Plowd. Comm._ 260; _Hales P. C._ 29; 5 _Co. R._ 110; _Finch._
216. All such inquisitions ought to be by the coroner _super visum
corporis_, if the body can be found; and an inquisition so taken cannot,
as some say, be traversed. _Hale, P. C._ 29; 3 _Inst._ 55; 1 _Hawk. P.
C._ _c._ 27, _s._ 9, 10, 11. But see also 3 _Mod._ 238, 1 _Burr._ 17.
But if the body cannot be found, so that the coroner, who has authority
only _super visum corporis_, (vide ante. p. 93), cannot proceed, the
inquiry may be by Justices of the Peace, (who by their commissions have
a general power to inquire of all felonies,) or in the King’s Bench, if
the felony were committed in the county where the court sits; and such
inquisitions are traversable by the executor, &c. 1 _Hawk. P. C._ _c._
27, _s._ 12; 3 _Inst._ 55; _Hales P. C._ 29; 2 _Lev._ 141.
Also all inquisitions of this offence being in the nature of
indictments, ought particularly and certainly to set forth the
circumstances of the fact; and in conclusion add, that the party in such
manner murdered himself. 1 _Hawk. P. C._ _c._ 27, _s._ 13; 3 _Lev._ 140;
3 _Mod._ 100; 2 _Lev._ 152. Yet if it be full in substance, the coroner
may be served with a rule to amend a defect in form. 1 _Sid._ 225, 259;
3 _Mod._ 101; 1 _Keb._ 907; 1 _Hawk. P. C._ _c._ 27, _s._ 15.
If a person is unduly found _felo de se_; or on the other hand found to
be a lunatic, when in fact he was not so, and therefore ought to have
been found _felo de se_; although a writ of _melius inquirendum_ will
not be granted, yet the inquisition is traversable in the King’s Bench.
3 _Mod._ 238.
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