Anatomy Act of 1881 No 6a (NSW)

No. XXV.

An Act to authorize the establishment of

Schools of Anatomy and to regulate the

practice of Anatomy therein. [5th April,

1881.]

Legislative Assembly of New South Wales in Parliament assembled	BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the
and by the authority of the same as follows:—

1. The short title of this Act shall be the " Anatomy Act of 1881."

2. In the construction of this Act the word "Governor " shall mean the Governor with the advice of the Executive Council The word " body" shall mean dead human body " Legally qualified medical practitioner " shall mean any person duly registered under the provisions of the Acts in force in the colony for that purpose The word "Anatomy " shall mean anatomy of the human body only.

3. The Governor may authorize the establishment of schools
of anatomy where the study and practice of anatomy may be carried

on in connection with any University or School of Medicine in such place or places and upon such conditions as the Governor shall think fit and may at any time revoke such authority.

4. The Governor may grant a license to practise anatomy in any such School of Anatomy on such conditions for such period and
subject to revocation in such manner as may be therein expressed to

any graduate or licentiate in medicine or surgery or to any legally qualified medical practitioner or any medical practitioner in New South

Wales or to any legally qualified professor or teacher of anatomy

medicine or surgery or to any student attending any school of anatomy on application from any such person for such purpose countersigned

by two Justices of the Peace certifying that to their knowledge or
belief such person so applying is a fit person to be so licensed.

5. The Governor may appoint from time to time an inspector or inspectors of Schools of Anatomy and may direct what schools every such inspector shall superintend and in what manner every such inspector shall transact the duties of his office.

person shall require the body to be interred without such examination. the surviving husband or wife or any known relative of the deceased

G. Every inspector shall make a quarterly return to the Registrar General of every body that has been removed for anatomical examina­ tion to any such School of Anatomy as aforesaid distinguishing the

sex and as far as is known the name and age of each person whose

body was so removed as aforesaid.

7. It shall be lawful for every such inspector to visit and inspect at any time any School of Anatomy for which he is appointed inspector.

8. I t shall be lawful for any executor or other person having lawful possession of the body of any deceased person and not being an undertaker or other person entrusted 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 person such deceased 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

9. If any person in wr i t ing at tes ted by two or more witnesses shal l direct t h a t his body be examined anatomical ly or shall nomina te a n y person by th is A c t authorized to examine bodies anatomical ly to m a k e such examina t ion and if before t h e bur ia l of t h e body of such person such direction or nominat ion shall be made k n o w n to t h e person hav ing legal possession of t h e dead body t h e n such las t -mentioned person shall direct such examina t ion to be m a d e and in case of any such nominat ion as aforesaid shall request and pe rmi t a n y person so authorised and nomina ted as aforesaid to m a k e such examinat ion unless t h e deceased person's surviving husband or wife or neares t known relat ive or any one or more of such person's neares t k n o w n relatives be ing of k i n in t h e same degree shall requi re t h e body to be interred

w i t h o u t such examinat ion.

10. I n no case shall t h e body of any person be removed for ana tomica l examina t ion from any place where such person m a y have died u n t i l after twelve hours from t h e t ime of such person 's decease nor un t i l after six hours ' not ice to t h e inspector or inspectors of t h e distr ict of t h e in tended removal of t he body or if no such inspector have been appoin ted or such inspector shall reside a t a greater dis tance t h a n t e n miles from the place of dea th t h e n to t he legally qualified medical prac t i t ioner or s t ipendiary magis t r a t e neares t to t h e place of dea th nor unless a certificate s ta t ing in w h a t m a n n e r such person came by his dea th shall previously to the removal of t h e body have been s igned b y the legal ly qualified medical pract i t ioner who a t t ended such person du r ing t h e illness whereof h e died or if no such pract i t ioner a t tended such person dur ing such illness t hen by some such pract i t ioner or some s t ipendiary magis t ra te who shall be called in after t he dea th of such person to view his body and who shal l s ta te t h e m a n n e r or cause of death according to t he best of his knowledge and belief b u t who shall no t be concerned in examin ing the body anatomical ly and in case of such removal such certificate shall be delivered together w i th t h e body to t h e person receiving t h e same for ana tomical examinat ion.

1 1 .    I t shall be lawful for any legally qualified medical prac t i t ioner

or any professor teacher or s tudent of a n a t o m y medicine or surgery h a v i n g a license from the Governor to receive or possess for ana tomica l examina t ion or to examine ana tomica l ly t h e body of any person deceased if pe rmi t t ed or directed so to do by a person who h a d a t t he t ime of giving such permission or direct ion lawful possession of the body and who h a d power in pu r suance of t he provisions of this A c t to permi t or cause t h e body to be so examined and provided such certificate as
aforesaid were delivered by such person toge ther w i th t h e body. 12. E v e r y person so receiving a body for ana tomica l examina­
t ion after removal shal l demand and receive toge ther w i th t h e body a
certificate as aforesaid and shall wi th in twenty-four hours n e x t after such removal t r a n s m i t to t he Inspec to r of t he distr ict such certificate and also a r e t u r n s ta t ing a t w h a t day a n d h o u r and from w h o m t h e body was received t h e date and place of dea th t h e sex and (as far as is k n o w n a t t he t ime) t he chr is t ian and su rname age and last place of abode of such person or if no such inspector have been appointed to t he legally qualified medical pract i t ioner or s t ipendiary magis t ra te residing neares t to t he place to which the body is removed and shal l en ter or cause to be entered t he aforesaid par t icu lars re la t ing the re to and a copy of t h e certificate he received the rewi th in a book to be kep t by h i m for t h a t purpose and shal l produce such book whenever requi red so to do by any inspector so appointed as aforesaid.
13 . I t shall no t be lawful for a n y person to receive or possess for
ana tomica l examina t ion or examine anatomical ly any body except a t such

place or places as are authorised for t ha t purpose as provided for in t h e

th i rd section of th i s Act .

14. Al l persons who shall carry on a n d pract ise ana tomy shall do so i n such a way as to avoid unnecessary mu t i l a t i on of any bodies t h a t they m a y be examin ing ana tomica l ly and shal l conduct such examina­ t ions in an orderly quie t a n d decent m a n n e r a n d i t shal l be lawful in addi t ion to t h e penal t ies here inaf ter provided to deprive any person of his l icense who shal l offend aga ins t t h e provisions of th is section or

a n y of the provisions of th i s Ac t .

15 . E v e r y such body removed for t h e purpose of examina t ion

shal l before such removal be placed in a decent coffin or shell and be removed there in and t h e person removing the same or caus ing the same to be removed shall m a k e provision t h a t such body after under ­ going ana tomica l examina t ion be decent ly in te r red in consecrated g round or in some publ ic bur ia l -ground in use for persons of t h a t rel igious persuasion to which t h e person whose body was so removed belonged a n d t h a t a certificate of t he i n t e r m e n t of such body shal l be t r a n s m i t t e d to t h e inspector of t h e distr ict wi th in six weeks after t he day on wh ich such body was received or w i th in such o ther t ime as t he

Governor by not ice in t h e Gazette shall appoint .

16. N o person hav ing a l icense from t h e Governor shall be l iable to any prosecut ion pena l ty forfeiture or p u n i s h m e n t for rece iv ing or hav ing in his possession for ana tomica l examina t ion or for examin ing anatomical ly any body if t he possession of such body be

according to t h e provisions of th i s A c t .

1 7 .    N o t h i n g in th is A c t contained shall be const rued to prohibi t

a n y post mortem examina t ion of any body requi red or directed to be

m a d e b y a n y competen t legal au thor i ty .

18 . I f any ac t ion or suit shal l be commenced or b rough t agains t

any person for a n y t h i n g done in pur suance of th is A c t t h e same shal l

be commenced wi th in six m o n t h s n e x t after t h e cause of act ion accrued and the defendant in every such action or suit m a y p lead t h e m a t t e r specially or m a y plead the general issue and give t h e special

m a t t e r in evidence a t any t r ia l to be had the reupon .

19. A n y person offending aga ins t t he provisions of th i s Ac t

shall be deemed gui l ty of a misdemeanor a n d shal l be pun i shed by impr i sonmen t for a t e r m not exceeding t h r ee m o n t h s or by a fine no t exceeding fifty pounds .

20. I n all cases in which no provision or no sufficient provision is in t he opinion of the Governor m a d e by th is A c t i t shall be lawful for t h e Governor to m a k e and prescribe all such regula t ions and orders e i ther genera l or applicable to par t icu lar cases only as t h e Governor

shal l t h i n k fit and all such regula t ions a n d orders shall b e publ ished

in t he Gazette and be ing so publ ished shall have t he force of law a n d

t h e breach of any of such regula t ions and orders shall be punishable

b y a pena l ty no t exceeding five pounds .

2 1 . I t shal l be lawful for t he governing author i t ies of a n y

author ized school of a n a t o m y wi th t h e approval of t h e Governor

to m a k e rules for enab l ing t h e s tudy and prac t ice of a n a t o m y to be proper ly carried out and discipline to be ma in ta ined a t such school and to impose a pena l ty not exceeding five pounds for t h e b reach thereof Al l such rules shall fix a da te on wh ich t h e same shall come in to force and upon t h e date so fixed and after the i r publ ica t ion in t h e Gazette such rules shall be in force in t h e school to wh ich

t h e same shal l re la te .

22. The penal t ies au thor ized by t h e last two preceding sections

m a y b e recovered in a s u m m a r y way before any two Jus t i ces of t h e Peace .

No. X X V I .