CHAPTER XLII.

_The Passing of the Anatomy Act--Its Terms and Provisions._

Such were the circumstances that led up to the passing of what was

familiarly known as the Anatomy Act. In view of the long course of

restriction to which it put an end, and of the fact that this measure is

still operative as regards the matter of which it treats, it is proper

that it should be reproduced here. It received the Royal assent on the 1st

of August, 1832, and is technically known as 3 and 4 Geo. IV., c. 75, the

short title being "An Act for regulating Schools of Anatomy." The

following are its terms and provisions:--

"Whereas a knowledge of the causes and nature of sundry diseases which

affect the body, and the best methods of treating and curing such

diseases, and of healing and repairing divers wounds and injuries to which

the human frame is liable, cannot be acquired without the aid of

anatomical examination: And whereas the legal supply of human bodies for

such anatomical examination is insufficient fully to provide the means of

such knowledge: And whereas in order further to supply human bodies for

such purposes, divers great and grievous crimes have been committed, and

lately murder, for the single object of selling for such purposes the

bodies of the persons so murdered: And whereas, therefore, it is highly

expedient to give protection, under certain regulations, to the study and

practice of anatomy, and to prevent, as far as may be, such great and

grievous crimes and murder as aforesaid: Be it therefore enacted by the

King's most excellent Majesty, by and with the advice and consent of the

lords spiritual and temporal, and commons, in this present Parliament

assembled, and by the authority of the same, that it shall be lawful for

his Majesty's principal secretary of state for the time being for the home

department in that part of the United Kingdom called Great Britain, and

for the chief secretary for Ireland in that part of the United Kingdom

called Ireland, immediately on the passing of this Act, or so soon

thereafter as may be required, to grant a license to practise anatomy to

any fellow or member of any college of physicians or surgeons, or to any

graduate or licentiate in medicine, or to any person lawfully qualified to

practise medicine in any part of the United Kingdom, or to any professor

or teacher of anatomy, medicine, or surgery, or to any student attending

any school of anatomy, on application from such party for such purpose,

countersigned by two of his Majesty's justices of the peace acting for the

county, city, borough, or place wherein such party so applying is about to

carry on the practice of anatomy.

"2. And be it enacted, that it shall be lawful for his Majesty's said

principal secretary of state or chief secretary, as the case may be,

immediately on the passing of this Act, or as soon thereafter as may be

necessary, to appoint respectively not fewer than three persons to be

inspectors of places where anatomy is carried on, and at any time after

such first appointment to appoint, if they shall see fit, one or more

other person or persons to be an inspector or inspectors as aforesaid; and

every such inspector shall continue in office for one year, or until he be

removed by the said secretary of state or chief secretary, as the case may

be, or until some other person shall be appointed in his place; and as

often as any inspector appointed as aforesaid shall die, or shall be

removed from his said office, or shall refuse or become unable to act, it

shall be lawful for the said secretary of state or chief secretary, as the

case may be, to appoint another person to be inspector in his room.

"3. And be it enacted, that it shall be lawful for the said secretary of

state or chief secretary, as the case may be, to direct what district of

town or country, or of both, and what places where anatomy is carried on,

situate within such district, every such inspector shall be appointed to

superintend, and in what manner every such inspector shall transact the

duties of his office.

"4. And be it enacted, that every inspector to be appointed by virtue of

this Act shall make a quarterly return to the said secretary of state or

chief secretary, as the case may be, of every deceased person's body that

during the preceding quarter has been removed for anatomical examination

to every separate place in his district where anatomy is carried on

distinguishing the sex, and, as far as is known at the time, the name and

age of each person whose body was so removed as aforesaid.

"5. And be it enacted, that it shall be lawful for every such inspector to

visit and inspect at any time any place within his district, notice of

which place has been given, as is hereinafter directed, that it is

intended there to practise anatomy.

"6. And be it enacted, that it shall be lawful for his Majesty to grant to

every such inspector such an annual salary not exceeding one hundred

pounds for his trouble, and to allow such a sum of money for the expenses

of his office as may appear reasonable, such salaries and allowances to be

charged on the consolidated fund of the United Kingdom, and to be payable

quarterly; and that an annual return of all such salaries and allowances

shall be made to Parliament.

"7. And be it enacted, that it shall be lawful for any executor or other

party having lawful possession of the body of any deceased person, and not

being an undertaker or other party intrusted with the body for the purpose

only of interment, to permit the body of such deceased person to undergo

anatomical examination, unless, to the knowledge of such executor or other

party, such person shall have expressed his desire, either in writing at

any time during his life, or verbally in the presence of two or more

witnesses during the illness whereof he died, that his body after death

might not undergo such examination, or unless the surviving husband or

wife, or any known relation of the deceased person, shall require the body

to be interred without such examination.

"8. And be it enacted, that if any person, either in writing at any time

during his life, or verbally in the presence of two or more witnesses

during the illness whereof he died, shall direct that his body after death

be examined anatomically, or shall nominate any party by this Act

authorized to examine bodies anatomically to make such examination, and

if, before the burial of the body of such person, such direction or

nomination shall be made known to the party having lawful possession of

the dead body, then such last mentioned party shall direct such

examination to be made, and in case of any such nomination as aforesaid,

shall request and permit any party so authorised and nominated as

aforesaid to make such examination, unless the deceased person's surviving

husband or wife, or nearest known relative, or any one or more of such

person's nearest known relatives, being of kin in the same degree, shall

require the body to be interred without such examination.

"9. Provided always, and be it enacted, that in no case shall the body of

any person be removed for anatomical examination from any place where such

person may have died until after forty-eight hours from the time of such

person's decease, nor until twenty-four hours notice, to be reckoned from

the time of such decease, to the inspector of the district, of the

intended removal of the body, or if no such inspector have been appointed,

to some physician, surgeon, or apothecary residing at or near the place of

death, nor unless a certificate stating in what manner such person came by

his death, shall previously to the removal of the body have been signed by

the physician, surgeon, or apothecary who attended such person during the

illness whereof he died, or if no such medical man attended such person

during such illness, then by some physician, surgeon, or apothecary who

shall be called in after the death of such person, to view his body, or

who shall state the manner or cause of death according to the best of his

knowledge and belief, but who shall not be concerned in examining the body

after removal; and that in case of such removal such certificate shall be

delivered, together with the body, to the party receiving the same for

anatomical examination.

"10. And be it enacted, that it shall be lawful for any member or fellow

of any college of physicians or surgeons, or any graduate or licentiate in

medicine, or any person lawfully qualified to practice medicine in any

part of the United Kingdom, or any professor, teacher, or student of

anatomy, medicine, or surgery, having a license from his Majesty's

principal secretary of state or chief secretary as aforesaid, to receive

or possess for anatomical examination, or to examine anatomically, the

body of any person deceased, if permitted or directed so to do by a party

who had at the time of giving such permission or direction lawful

possession of the body, and who had power, in pursuance of the provisions

of this Act, to permit or cause the body to be so examined, and provided

such certificates as aforesaid were delivered by such party together with

the body.

"11. And be it enacted, that every party so receiving a body for

anatomical examination after removal shall demand and receive, together

with the body, a certificate as aforesaid, and shall, within twenty-four

hours next after such removal, transmit to the inspector of the district

such certificate, and also a return stating at what day and hour and from

whom the body was received, the date and place of death, the sex, and (as

far as is known at the time) the christian and surname, age, and last

place of abode of such person, or, if no such inspector have been

appointed, to some physician, surgeon, or apothecary residing at or near

the place to which the body is removed, and shall enter or cause to be

entered the aforesaid particulars relating thereto, and a copy of the

certificate be received therewith, in a book to be kept by him for that

purpose, and shall produce such book whenever required so to do by any

inspector so appointed as aforesaid.

"12. And be it enacted, that it shall not be lawful for any party to carry

on or teach anatomy at any place, or at any place to receive or possess

for anatomical examination, or examine anatomically, any deceased person's

body after removal of the same, unless such party, or the owner or

occupier of such place, or some party by this Act authorised to examine

bodies anatomically, shall, at least one week before the first receipt or

possession of a body for such purpose at such place, have given notice to

the said secretary of state or chief secretary, as the case may be, of the

place where it is intended to practise anatomy.

"13. Provided always, and be it enacted, that every such body so removed

as aforesaid for the purpose of examination shall, before such removal, be

placed in a decent coffin or shell, and be removed therein; and that the

party removing the same, or causing the same to be removed as aforesaid,

shall make provision that such body, after undergoing anatomical

examination, be decently interred in consecrated ground, or in some public

burial-ground in use for persons of that religious persuasion to which the

person whose body was so removed belonged; and that a certificate of the

interment of such body shall be transmitted to the inspector of the

district within six weeks after the day on which such body was received as

aforesaid.

"14. And be it enacted, that no member or fellow of any college of

physicians or surgeons, nor any graduate or licentiate in medicine, nor

any person lawfully qualified to practise medicine in any part of the

United Kingdom, nor any professor, teacher, or student of anatomy,

medicine, or surgery, having a license from his Majesty's principal

secretary of state or chief secretary as aforesaid, shall be liable to any

prosecution, penalty, forfeiture, or punishment for receiving or having in

his possession for anatomical examination, or for examining anatomically,

any dead human body, according to the provision of this Act.

"15. And be it enacted, that nothing in this Act contained shall be

construed to extend to or to prohibit any post-mortem examination of any

human body required or directed to be made by any competent legal

authority.

"16. And whereas an Act was passed in the ninth year of the reign of his

late Majesty, for consolidating and amending the statutes in England

relative to offences against the person, by which latter Act it is

enacted, that the body of every person convicted of murder shall, after

execution, either be dissected or hung in chains, as to the court which

tried the offence shall seem meet, and that the sentence to be pronounced

by the court shall express that the body of the offender shall be

dissected or hung in chains, whichever of the two the court shall order.

Be it enacted, that so much of the said last recited Act as authorises the

court, if it shall see fit, to direct that the body of a person convicted

of murder shall, after execution, be dissected, be and the same is hereby

repealed; and that in every case of conviction of any prisoner for murder

the court before which such prisoner shall have been tried shall direct

such prisoner either to be hung in chains, or to be buried within the

precincts of the prison in which such prisoner shall have been confined

after conviction, as to such court shall seem meet; and that the sentence

to be pronounced by the court shall express that the body of such prisoner

shall be hung in chains, or buried within the precincts of the prison,

whichever of the two the court shall order.

"17. And be it enacted, that if any action or suit shall be commenced or

brought against any person for anything done in pursuance of this Act, the

same shall be commenced within six calendar months next after the cause of

action accrued; and the defendant in every such action or suit may, at his

election, plead the matter specially or the general issue Not Guilty, and

give this Act and the special matter in evidence at any trial to be had

thereupon.

"18. And be it enacted, that any person offending against the provisions

of this Act in England or Ireland shall be deemed and taken to be guilty

of a misdemeanour, and being duly convicted thereof, shall be punished by

imprisonment for a term not exceeding three months, or by a fine not

exceeding fifty pounds, at the discretion of the court before which he

shall be tried; and any person offending against the provisions of this

Act in Scotland shall, upon being duly convicted of such offence, be

punished by imprisonment for a term not exceeding three months, or by a

fine not exceeding fifty pounds, at the discretion of the court before

which he shall be tried.

"19. And in order to remove doubts as to the meaning of certain words in

this Act, be it enacted, that the words 'person and party' shall be

respectively deemed to include any number of persons, or any society,

whether by charter or otherwise; and that the meaning of the aforesaid

words shall not be restricted, although the same may be subsequently

referred to in the singular number and masculine gender only."

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