Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-12-06
MANRAMT>
T,,,,.,,r.,-. Ms.Esra ~ CAI<f o-Dennell
-sts1s1ssssn 90 y14<e He1skel - 10
hEssss P-r@D.sr g@s1edtABef the Prop
.sT-an. al gm< IHG< Mr.. Er~<t-


a.-ruHE sss.rv eo1-s ~ C0lonsl George
Ilg PbsEln and N45o< BeeeAer for the
Crroas-. aud By o. Yerger, Esq, for
Csisf ODouneL The points relied upon
I by Colonel PheIan were as follows:
Can policeman take property from
the person Of dying man, not yet dead,
and hold it as against the Coroner OF the
county,
A policeman under the facts Of this
case came into possession OF the prop
erty BY virtue OF his Office.
He is therefore estopped now to dis
claim his official capacity and to claim
as private person under aeontraet-
Bouvier L. D. Estoppel."
As an officer of the law, holding prop
erty by virtue of his Office, it is in Gus
fodia leafs" and is to be disposed of by
the Law.-B. l.. Die. In custodia
legis.
OF property in custodia legis, the
law gives the possession TO the officer en-
titled to receive it, and who is bonded for
that purpose.
A general agent always yields to the
authority of special and particular
agent.
A policeman is general agent. A
coroner is particular Judicial officer or
agent, appointed for this especial pur-
pose.
But even without this, the policy Of the
law and the intent of the statute would
govern in establishing q precedent of
such importance.
OPINION. .aR.mFN
J. g. Moffatt vs.. Thomas 0'Donnell.
This is an alternative writ Of manda-
mus issued at the instance of the relator
against the respondent; and the question
now is, whether upon the facts Of the case
a peremptory writ shall issue, command
ing respondent TO deliver to relator .cer+
tain property found upon one Frost,
who was killed BY accident The
facts necessary TO be noticed are,
that Frost being taken up from the
street in an insensible condition, was
taken by a policeman 10 the Adams
street station-house; while in this copdi-
ton all Of his valuables we're taken Of Of
his person by the subordinate of respond
ent; that when Frost awoke from his
state of coma, respondent told him that
his yaluabies had been taken from him,
and as Frost was about to leave the sta
tion-house to 90 to his friends, he was
asked by respondent if he wished 10 have
the effects returned TO him, when he re-
piled: "No, keep them for me until get
well" In less than twelve hours after
this Frost was dead. Unquestionably
upon the facts. the effects taken by re-
sponient from Frost we're taken from
him before his death. rrfr-
Clearly, then, the case does not fan
; within the rords Of the statute requiring
p the coFoner to take possession of the
effects found "on" Or with the body Of
the dead.
Il Is insisted that it is clearly within
the spirit Of the statute, an that the
r right construction Of Sthe statute would
giFs him the property.
Il Ia sad respondent had no right a.
Chief Of Police TO take from Frost these
! effects While the court cannot agree
J with counsel in this, yet, for this argu
. neni, grant that be had not II he was
q Er0ng-doer, does the law devolve upon
the coroner the redress Of the wrong
; The question Il not what authority re.
3 sponcent had IN the premises, but what
authority has The relatOr rirfute 06feiii
When does the Osiee Of coroner attach
Clearly only upon the death Of man
, He has 10 authority qua eoroEer Ovei
any ffring naH- Il L when death en-
I Euss. snd only then HAT be can exercise
I auy arth0rify Or duty u his otfce IN re-
z.s5 . the body. His whole offee /.
} Ei.h the dad Any al that b. doe,
; tefors lie i extinct i not, cannot BE- a.
eor8rsT. 50 s1y act. done By . man. o.
.orsrd hin. bef0re de4fb, the coroner
hzs roshinE 70 do Nth. except indeed
- f1r a. f6sT shoE the manner Of ths
, dezfh Bat Ehen death ensues the c0ro-
rer take s1le eontrol Of the body,
sd. szyE he stztse. takes possession
u 81 rhs property and efects f0uDd
- ~ tody- bat until there j.
= bo4s-sBfI ttat il al that l. LEFT
~ mzn-he has no night %
IL properly and saeeis. for be can
80 t.Es r.ossezziiOB 81 then until he has
eorfsoi II The 'bods. and Ais l. only AZ
- 6sstt. a. 80 hsre seen II, then. be
s1aIs have 20 nghi % take h. property
4 81 = ~ ua1 hefore dab. tie reason
= ggils a. l,rour ny b. osnnot demand
3 fr- 80 one eiss rko hzs taken IL
lrfo-s te.1A t. ~ mad this i cor