HARRY HUGHES, Governor

245

In revising this subtitle, the Commission to Revise the
Annotated Code is deleting as unnecessary the first
paragraph of former Article 22, § 5, which specified that a
medical examiner had those "medical functions now devolving
upon the coroners and postmortem physicians in Baltimore
City, or upon coroners in the several counties ..." This
deletion intends neither to revive any common law power of a
coroner nor to diminish the powers of a medical examiner.

Before repeal in 1939, only the public local laws of
Allegany, Anne Arundel, Baltimore, Frederick, Montgomery
Counties and Baltimore City contained provisions for
coroners. The Frederick County law enabled the coroner to
call a physician, who determined if a jury should be called.
In Montgomery County, the health officer was, ex officio,
deputy coroner and physician for the coroner's office.

Former Article 22, § 5 was enacted in 1939 when, on the
recommendation of the Medical and Chirurgical Faculty of
Maryland, the General Assembly repealed the public general
and local laws as to coroners and enacted Article 22 (Ch.
369, Acts of 1939). Although Ch. 620, Acts of 1941,
repealed certain provisions as to coroners' fees because
"{c}oroners have been abolished and their duties
transferred to the Post Mortem Examiners' Commission ...",
this measure appears to have overstated the intent of the
General Assembly in enacting Ch. 369, Acts of 1939.

Former Article 22, §§ 5 and 7, respectively,
transferred the "medical functions" of coroners and
postmortem physicians and prohibited the calling of a "jury
of inquisition". Further investigation was the
responsibility of the State's attorney. See Benjamin v.
Woodring, 268 Md. 593, 608-609 (1973) and revisor's note to
§ 5-312 of this subtitle.

In addition to the lapse of time since these powers
were transferred, Ch. 681, Acts of 1977, which was ratified
on November 7, 1978, amended Article IV, § 45 of the State
Constitution to delete the provisions for creation of the
offices of Coroner and of Elisor. Therefore, continued
reference to the office of "coroner" is unnecessary and
confusing.

SUBTITLE 4. ANATOMY BOARD.

5-401. DEFINITIONS.

(A) IN GENERAL.

IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

REVISOR'S NOTE: This subsection is new language used as
the standard introductory language to a
definition section.