Premature Burial and How It May Be PreventedTebb, William
Science
Premature Burial and How It May Be Prevented
Tebb, William
Burial, Premature
Article 77 of the Civil Code states that “No burial shall take place
without an authorisation, on free paper and without expense, of the
officer of the Civil State, who will not be empowered to deliver it,
unless after having visited the deceased person, nor unless twenty-four
hours after the decease, except in cases provided for by the
regulations of the police.” It results from this that no corpse can be
buried before a minimum delay of twenty-four hours shall have expired
after the decease. The formal record of the decease must be made by the
officer of the Civil State (the mayor), or, which is what takes place
in most of the communes, by a medical man delegated by the mayor, and
who takes the title of medical officer of the Civil State.
The Article 77 of the Civil Code is generally strictly observed in
Paris and in other cities of France. The obligation to await the delay
of twenty-four hours is intended to prevent too hasty burials. One
considers, in fact, that that delay is generally necessary in order to
be able to have certain proofs of death.
By Article 358 of the Penal Code, the burial of a deceased person
without such authorisation is punishable by a maximum period of two
months’ imprisonment, and a maximum fine of fifty francs, without
prejudice to other criminal proceedings which may be applicable under
the circumstances.
Exceptions, however, have been established in certain cases. For
example, in times of epidemics, or of too rapid decomposition of the
corpse in the usual case, there is urgent need, in fact, to bury the
body of a person attacked with a contagious or epidemic malady, in
order to suppress one of the causes of propagation of the epidemic,
or of the contagion. In the second case, it is understood that one
could not keep longer, without danger to the public health, a corpse
in complete putrefaction. There is occasion also to observe that, in
these circumstances, the end which the legislator has proposed to
himself is equally obtained, since there cannot be any doubt as to the
real death. However that may be, it is the mayor (officer of the Civil
State) to whom it appertains, according to the terms of the Article
77 of the Civil Code, to give authority to bury; and if he gives that
authorisation before the expiration of the delay of twenty-four hours,
it is after having established by himself, or by the medical officer
of the Civil State, the fact of its necessity, resulting from the
circumstances of which we have just spoken.
It is to be remarked that the Article 77 fixes a _minimum_ and _not a
maximum_ delay. It is always the mayor to whom it appertains to fix
the day and the hour of the burial, and there may happen such and such
a circumstance which necessitates a delay of the obsequies. The mayor
need only assure himself in that case that no danger will result to the
public health, which naturally is the case when the corpse is embalmed,
or is placed in a leaden coffin.
Public-domain text, read in full here on John Shaqi.
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