The Medico-legal Journal, Volume 1

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Medico-Legal Journal Association, 1884 - Law

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Page 41 - No person shall be committed to or confined as a patient in any asylum, public or private, or in any institution, home or retreat for the care and treatment of the insane, except upon the certificate of two physicians, under oath, setting forth the insanity of such person. But no person shall be held in confinement in any such asylum for more than five days, unless within that time such certificate be approved by a judge or justice of a court of record of the county or district in which the alleged...
Page 30 - It shall not be lawful for any physician to certify to the insanity of any person, for the purpose of securing his commitment to an asylum, unless said physician be of reputable character, a graduate of some incorporated medical college, a permanent resident of the State, and shall have been in the actual practice of his profession for at least three years, and such qualifications shall be certified to by a juigc of any court of record.
Page 118 - An act to revise and consolidate the statutes of the state relating to the care and custody of the insane, the management of the asylums for their treatment and safekeeping, and the duties of the state commissioner in lunacy.
Page 275 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 186 - A person possessed of personal property in this state or upon whose life an estate in real property depends, who remains without the United States, or absents himself in the state or elsewhere for seven years together, Is presumed to be dead, in an action or special proceeding concerning such property or the administration of the estate of such person, unless it is affirmatively proved that he was alive within that time.
Page 132 - Children. (8) Brothers and sisters and the residence of each of these persons. (9) If not more than one of these classes is known, the names and residences of such of the next degree of relatives as are known. (10) A statement of the time at which the insanity has been supposed to exist, and the circumstances that induce the belief that insanity exists.
Page 151 - If," observes the same court, "the tests of insanity are matters of law, the practice of allowing experts to testify what they are should be discontinued; if they are matters of fact, the judge should no longer testify without being sworn as a witness, and showing himself to be qualified to testify as an expert.
Page 150 - ... knew all that was known on the subject, and to whom the world owes an incalculable debt, as visionary theorists and sentimental philosophers attempting to overturn settled principles of law : whereas, in fact, the legal profession were invading the province of medicine, and attempting to install old exploded medical theories in the place of facts established in the progress of scientific knowledge.
Page 184 - I must take this opportunity of saying, that nothing can be more absurd than the notion, that there is to be any rigid presumption of law on such questions of fact, without reference to accompanying circumstances, such, for instance, as the age or health of the party. There can be no such strict presumption of law.
Page 49 - The coroner shall, after hearing the testimony, draw up and sign a report, in which he shall find and certify when, where, and by what means the person deceased came to his death; his name, if known, and all material circumstances attending his death; and if it appears that his death resulted wholly or in part from the unlawful act of any other person, he shall further state the name of such person, if known to him...

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