Text-book of forensic medicine and toxicologyBuchanan, R. J. M. (Robert James McLean)
Science
Text-book of forensic medicine and toxicology
Buchanan, R. J. M. (Robert James McLean)
Medical jurisprudence; Poisons
A medical practitioner may be called upon to give evidence as to
the capacity of a testator to make a valid will. An ordinary person
witnessing a will does so to fact only, but if a medical man do so it
implies that he was of the opinion that the testator was fit to make
a will and of a sound and disposing mind. In making an examination of
a person for fitness to make a will, the medical man must endeavour
to find out if the testator understands the nature of his action, and
all the details associated with it; also if he knows the nature and
amount of his property, and the claims or otherwise of those who may
become beneficiaries under it. Further, has he such a delusion as may
influence his will in disposing of his property, and bring about a
disposal of it which, if the mind had been sound, would not have been
made.
A person may have a delusion or delusions without interfering with the
making of a will. If the “disposing mind” be left intact, testamentary
capacity is upheld. In severe illness and old age the mind may be
so disturbed, without true insanity being present, that a person is
rendered incapable of making a will. In all such cases the medical man
should be sure of his ground before granting, if requested, that the
patient is capable or otherwise. It is a good plan, when examining a
patient as to testamentary capacity, to have the will produced, and
privately read it out to the person and ask if it be correct, then to
have the person repeat the dispositions of the will, and see if they
coincide with the contents of the document.
People who are aphasic may make wills which are valid. Difficulties
arise in cases of sensory aphasia.
RESTRAINT OF HABITUAL DRUNKARDS
An habitual drunkard, as defined by law, is “a person who, not being
amenable to any jurisdiction in lunacy, is notwithstanding, by reason
of habitual intemperate drinking of intoxicating liquor, at times
dangerous to himself or herself, or to others, or incapable of managing
himself or herself or his or her own affairs.”
Before placing such a person under restraint in a licensed retreat the
person‘s consent must be obtained. The patient must make an application
to a Justice of the Peace, and supported by a declaration from two
persons stating that the applicant is an habitual drunkard within
the meaning of the Act. If the justice be satisfied, he can make out
an order for detention. The order is valid for any time mentioned in
the application not exceeding two years. The patient can be detained,
forcibly if necessary, and if escaped may be arrested and taken back.
SECTION II
TOXICOLOGY
CHAPTER I
DEFINITION OF A POISON--SALE OF POISONS--CLASSIFICATION
OF POISONS--ACTION OF POISONS--GENERAL EVIDENCE
OF POISONING--GENERAL TREATMENT IN CASES OF POISONING
--GENERAL METHODS OF EXAMINATION FOR POISON
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