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L'axamplaira filrr.^ fut raproduit grAca i la gAn4rosit4 da: Medical Library McGill University Montreal Laa imagaa auh^antaa ont 4ti raproduitaa avac la plus grand soin, compta tanu da la condition at da la nattatA da l'axamplaira filmA, at an conformitA avac laa conditions du contrat da filmaga. Original copiaa in printad papar covara ara filmad baginning with tha front eovar and anding on tha last paga with a printad or iilustratad impras- sion, or tha bacic covar whan appropriata. All othar original copias ara filmc J baginning on tha first paga with a printad or iilustratad impraa- sion, and anding on tha laat paga with a printad or iilustratad imprassion. Tha last racordad frama on aach microficha shall contain tha symbol —^(moaning "CON- TINUED"), or tha symbol ▼ (moaning "END"), whichavar appiiaa. Las axamplairas originaux dont la eouvartura an papiar aat impiimAa sont fiimAs an commandant par la pramiar plat at an tarminant soit par la damiAra paga qui comporta una amprainta d'impraasion ou d'iilustration, soit par la sacond plat, salon la caa. Toua las autraa axamplairas originaux sont fiimAs an commanpant par la pramiAra paga qui comporta una amprainta d'impraasion ou d'iilustration at an tarminant par la darnlAra paga qui comporta una talla amprainta. Un daa symbolas suivants apparaltra kjr la darnlAra imaga da chaqua microficha, salon la cas: ia symbols — »• signifia "A SUIVRE", la symbols y signifia "FIN". Maps, piatas, charts, stc, may ba filmad at diffarant raduction ratios. Thosa too larga to ba antiraly inciudad in ona axposura wra filmad baginning in tha uppar laft hand eornar, laft to right and top to bottom, as many framaa aa raquirad. Tha following diagrama iilustrata tha mathod: ILaa cartaa, pianuhaa, tabiaaux, ate, ;>^uvant Atra fiimAa A daa taux da rAduction diff Aronv^. Lorsqua la documant ast trop grand pour Atra raproduit an un saui clichA, il aat filmA A partir da I'angia supAriaur gaucha, da gaucha A droita, at da haut an bas, an pranant la nombra d'imagas nAcassaira. Las diagrammds suivants iilustrant la mAthoda. 1 2 3 1 2 3 4 5 6 .(i:-)'^h--y- ■v.'y'^ ■ ■* . M' :i=^:y >,/^ y /'r-v---r,--' v>^*'?,V ': ,<■'■.; i'{^, • 'jj;; ■;■ fc^i^' ■1 1 .■ ( /■•'•'■wf'*' ';''>.'■'>'■■ ^ ,•' 'V fe-wfea^% m ^/^■•' ' I.,. ".■., i^'l .; '^j^'/^-;?:' ■•'7"'-u\' . ^ ■ - ' m * J ' ■t' r :■-■•'(: vv*;-- --tsc^ "CORONER'S QUEST" LAW IN THE PROV- INCE OF QUEBEC* BY WYATT JOHNSTON, M. D., MONTREAL. •M rfos-^w men sat on his corse to find out why he died.'^ — T. Hood. In the Pravince of Quebec the working of that time- honored institution, the Coroner's Court, has latterly called forth a good deal of adverse comment from the medical and legal professions, and in the professional and daily press. Vigorous efforts have been made to induce the government to introduce some greatly needed reforms. Of all the shortcomings of the coroner system, probably the worst is its tendency to interfere with the proper consid- eration of cases of suspicious or violent death, from a medi- cal standpoint. Except wlien the fact of a certain form of violence having occurred is testified to by eye-witnesses, to the average mind, the first step to be taken, whore death other than from natural causes is supposed to have occurred, would be to *6pd out, as accurately as possible, the exact cause of death. As the Coroner's Court is the instrument specially intrusted with this duty, it might be supposed that the regulations concerning it would be framed so as to ensure full information as to the cause of death in suspicious cases. As an autopsy is the simplest, cheapest, and most certain method, it might be inferred that the first step in a coroner's investigation would be to have an autopsy performed. This, however, appeai-s to be the last idea to occur to coroner's ju^-iea. In the Province of Quebec, for instance, an autopsy is regarded as a last resort. The whole working *Read before the Medico'IyCgal Society, May session, 1893. \ t * 1 t < f { f ! f t 2 " coroners' quest" law in the province op QUEBEC. of the law tends to throw obstacles in the way of autopsies being held. No coroner is allowed to makq^ an autopsy himself or to order one, except with the consent of a major- ity of his jury. A permissive clause,* entitling the coroner to order an autopsy when the jury object, does indeed exist, but appears to b*^ seldom made use of. In the Distric*; of Montreal, which has a population of about 250,000, two years ago the average number of inquests annually held was 240, and in these only 12 autopsies were considered to be necessary. The cause of death in cases where no autopsies were held was not infrequently found to be "Visitation of God," but this being formally objected to by the legislature, " Sgncope of the Heart" and "Serous Apoplexy" suddenly came into vogue. In certain cases of this "Serous Apoplexy," which found their way into dissecting rooms, fractured ribs, frac- tured skulls, and contusions ;of i\^ abdomen, with laceration of the intestine, have been recorded. {Medical News, June, 1889.) Such lesions are, perhaps, better described as " Vis- itations of God" than as apoplexies. The gross absurdities of the verdicts in such cases led to an agitation that the coroner should be a medjpal man, but as no regulation existed by which a coroner could legally perform autopsies, and as his duties are really judicial, it *No coroner shall direct a post-moi tern examination Of any body upon which an inquest is being feeld, except upon the requisition of the major- ity of the jury, unless the coroner shall have r^^de a declaration in writ- ing, to be returned and iiled with the inquisit , that, in his opinion, the holding of a post-mortem examination of the\&ody was necessary in order to ascertain whether or not the deceased came to his death from violence orunfair means." — 43-44 Vic, C. 10, S. 3, Article 2689 Revised Statutes; Province of Quebec. In a recent case a coroner's verdict of manslaughter was brought in, and the suspected person indicted for the crime, where the death was sup- posed to be due to the effects of rupture of the uretha from a kick. No autopsy was ordered and the evidence of the physician who attended the case was not taken. >*•■ [JEBEC. ' autopsies n autopsy f a major- ) order an (Tit appears Montreal, rs ago the 540, and in necessary, were held God," but , " Syncope came into xy," which 1 ribs, frac- i laceration ^ews^ June, sd as " Vis- ases led to man, but lid legally udicial, it body upon f the major- tion in writ- opinion, the ary in order jm violence ed Statutes; 3rought in, ^th was sup- kick. No Ittended the J "coroners' quest" law in the province OE QUEBEC. 3 was decided to make the qualifications for the coroner's office legal, appointing, at the same time, a medical expert, who should make all medical examinations and autopsies required by the coroner. Although a thoroughly efficient and capable legal gentle- man was appointed as coroner, it has been found that no material improvement was effected it the state of affairs, owing to the restrictions placed upon holding autopsies. That a jury composed of any twelve citizens, between the ages of 21 and 60 years, should be more fitted than the cor- oner to decide whether an autopsy is needed, soems remark- able. When a jury is assembled, they naturally regard it as their most solemn duty to get back to their business as soon as possible, and, as the delay involved in holding an autopsy usually necessitates an adjournment, proof of the cause of death is seldom demanded By having autopsie^heM in A cases of suspicious death, the summoning of a jury wflSd b^ unnecessary in the majority of cases, as natisMil causef of death could be shown. Where such was not the case, the jury woul4 have the medical side of the case presented to them in a complete form, at their first meetiuflL To those who do not live in the Province of Quebec, and who are not accustomed to the mo(^rn working of the feudal system|^ exemplified in the statute De Officio Cora- natoris of EoWird I., the plea above^ven for a more ra- tional mode of investigation must appear a mere truism ; but, as it is wished to c9]Jfeci; information as to the manner in which such cases ^e dealt with elsewhere, especially in American cities, it would be esteemed a favor by the virriter if the bla ak form circulated with the current number of the Journal could be filled in and returned to the address given. This information is being collected at the request of the Provincial authorities, who are most anxious to place the ■■*» •rnr ^ 4 "coroners' quest" law in the province op QUEBEC. Coroner's Court of the Province upon a more modern basis, but are prevented from doing so by the wording of the statutes dealing with these matters. I have to thank the editor of the Medico-Legal Journal, Clark Bell, Esq. , for kindly offering his aid in my inquiries. The information collected will be published in a future num- ber of the Journal. It is hoped, with a better knoAvledge of the way in which matters are managed elsewhere, that the work of Canadian coroners will become more adapted to the public needs. Nothing, at present, obliges the coroner or his jury to obtain any medical evidence whatever in the cases which come be- fore them for consideration. No independent expert report upon the medical features of the cases is ever called for, and when medical testimony is taken, it is often exclusively that of any medical man who has seenlthe case during life, and who, however valuable his e^enS uAy be as to matters of fact, ought to be the last per^n sS^ted as an expert. While fully recognizing the ^orc^of the^Bguments f n favor of abolishing the office ^f coroner, published by Messrs. T. H. Tyndale and Clark BelJ in a former number of the Journal, I think that this extreme |neasure is not actuallyJftlled for. It is true that in Stateiwhere no coroner system exists, medico- legal matters seem £^ays to run smoothly ^nd satisfactorily, while in those blesftd with coroners the ^^jQpt rary is the case. Nevertheless, iLa law could be pass^wendering the duties of the coroner purely forensic,^|jnd maMng the motive for procedure depend upon a dSmonst^tUion of the cause of death, rather than upon suspicion of »crime, this pictur- esque and historic office, modernized by^expert medical testi- mony in all cases, might again become honored and useful. If possible, let our sentiment about the post of coroner be " Live, and let live ! " :^:imm <^'