ant as soon as he shall be found." And by the act of July 2, 1836, 4 Sharsw. cont. of Story, L. U. S., 2474, it is enacted by 9 35, that ad. vertisements of letters remaining in the post offices may, under the direction of the postmaster general, be made in more than one newspaper; provided, that the whole cost of advertising shall not exceed four cents for each letter. before his bankruptcy to be void. It has been held under this statute that payments were included under the term dealings. M. & M. 137; 3 Car. & P. 85; S. C. 14 Eng. C. L. R. 219. DEATH, med. jur., crim. law, evidence. The cessation of life. It is either natural, as when it happens in the usual course without any violence; or violent, when it is caused either by the acts of the deceased, or those of others. Natural death will not be here considered further than may be requisite to illustrate the manner in which violent death occurs. A violent death is either accidental or criminal; and the criminal act was committed by the deccased or by another. The subject will be considered, 1, as it relates to medical jurisprudence; and, 2, with regard to its effects upon the rights of persons. DEAF AND DUMB. No definition is requisite as the words are sufficiently known. A person deaf and dumb is doli capa; but with such persons who have not been educated, and who cannot communicate their ideas in writing, a difficulty sometimes arises on the trial. A case occurred of a woman, deaf and dumb, who was charged with a crime. She was brought to the bar and the indictment was then read to her, and the question, in the usual form, was put, guilty or not guilty? The coun- § 1. It is the office of medical sel for the prisoner then rose, and jurisprudence, by the light and instated that he could not allow his formation which it can bestow, to client to plead to the indictment, until aid in the detection of criminals it was explained to her that she was against the persons of others, in order at liberty to plead guilty or not guilty. to subject them to the punishment This was attempted to be done, but was which is awarded by the criminal found impossible, and she was dis- law. Medical men are very frecharged from the bar simpliciter. A quently called upon to make exami person, deaf and dumb, may be examinations of the bodies of persons who ned as a witness, provided he can be sworn, that is, that he is capable of understanding the terms of the oath, and assents to it; and that after he is sworn he can convey his ideas with or without an interpreter, to the court and jury. Phil. Ev. 14. DEAF, DUMB AND BLIND. A man born deaf, dumb and blind is considered an idiot (q. v.) 1 Bl. Com. 304; F. N. B. 233. DEALINGS. Traffic, trade; the transaction of business between two or more persons. The English statute of 6 Geo. 4, c. 16, s. 81, declares all dealings with a bankrupt within a certain time immediately have been found dead, for the pur pose of ascertaining the causes of their death. When it is recollected that the honour, the fortune and even the life of the citizen, as well as the distribution of impartial justice frequently depend on these examinations, one cannot but be struck at the responsibility which rests upon such medical men, particularly when the numerous qualities which are indispensably requisite to form a correct judgment, are considered. In order to form a correct opinion, the physi cian must be not only skilled in his art, but he must have made such examinations his special study. A man may be an enlightened physician | p. 38, 41. In the survey of the body and a skilful chemist, and yet he the following rules should be obmay find it exceedingly difficult to served: 1. It should be as thoroughly resolve, properly, the grave and al- examined as possible without changmost always complicated questions ing its position or that of any of the which arise in cases of this kind. limbs; this is particularly desirable Judiciary annals unfortunately afford when, from appearances, the death but too many examples of the fatal has been caused by a wound, because mistakes made by physicians and by moving it the altitude of the extreothers when considering cases of vio- mities may be altered, or the state lent deaths. In the examination of of a fracture or luxation changed, bodies of persons who have come to for the internal parts vary in their a violent death, every precaution position with one another, according should be taken to ascertain the situa- to the general position of the body. tion of the place where the body was When it is requisite to remove it, it found; as to whether the ground should be done with great caution. appears to have been disturbed from 2. The clothes should be removed, its natural condition; whether there as far as necessary, and it should be are any marks of footsteps, their size, noted what compresses or bandages, their number, the direction to which (if any) are applied to particular they lead and whence they came; parts, and to what extent. 3. The whether any traces of blood or hair colour of the skin, the temperature can be found; and whether any and of the body, the rigidity or flexibi what weapons or instruments, likely lity of the extremities, the state of to have caused death, are found in the the eyes, and of the sphincter musvicinity; and these instruments should cles, noting at the same time whatbe carefully preserved so that they ever swellings, ecchymosis or livid may be identified. A case or two may black or yellow spots, wounds, ulcer, here be mentioned to show the impor- contusion, fracture or luxation may tance of examining the ground in be present. The fluids from the nose, order to ascertain the facts. Mr. mouth, ears, sexual organs, &c. Jeffries was murdered at Walthams- should be examined; and, when the tow, in England, in 1751, by his deceased is a female, it may be proper niece and servant. The perpetrators to examine the sexual organs with were suspected from the single cir- care, in order to ascertain whether cumstance that the dew on the ground before death she has been ravished surrounding the house had not been or not. 1 Briand, Méd. Lég. 2eme disturbed on the morning of the mur- partie, ch. 1, art. 3, n. 5, p. 318. 4. der. Mr. Taylor of Hornsey was The clothes of the deceased should murdered in December, 1818, and be carefully examined, and if parts his body thrown into the river. It are torn or defaced, this fact should was evident he had not gone into the be noted. A list should also be made river willingly, as the hands were of the articles found on the body, and found clenched and contained grass, of their state or condition, as whether which, in the struggle, he had torn the purse of the deceased had been from the bank. The marks of foot- opened; whether he had any money, steps, particularly in the snow, have &c. 5. The state of the body as to been found, not unfrequently, to cor- decomposition should be particularly respond with the shoes or feet of stated, as by this it may sometimes suspected persons, and led to their be ascertained when the death took detection. Paris, Med. Jur. vol. iii. place; experience proves that in general after the expiration of fourteen days after death, decomposition has so far advanced, that identity cannot be ascertained, excepting in some strongly developed peculiarity; but in a drowned body adipocire is not produced until five or six weeks after death; but this depends upon circumstances, and varies according to climate, season, &c. It is exceedingly important, however, to keep this fact in view in some judicial inquiries relative to the time of death. 1 Chit. Med. Jur. 443. A memorandum should be made of all the facts as they are ascertained; when possible, it should be made on the ground; but when this cannot be done, as, when chemical experiments have to be made, or the body is to be dissected, they should be made in the place where these operations are performed. 1 Beck's Med. Jur. 5; Dr. Gordon Smith, 505; Ryan's Med. Jur. 145; Dr. Male's Elem. of Judicial and For. Med. 101; 3 Paris & Fonbl. Med. Jur. 23 to 25; Vilanova Y Mañes, Materia Criminal Forense, Obs. 11, cap. 7, n. 7; Trebuchet, Médecine Légale, 12 et seq.; 1 Briand, Méd. Lég. 2eme partie, ch. 1, art. 5. Vide article Circum stances. § 2. In examining the law as to the effects which death has upon the rights of others, it will be proper to consider, 1, what is the presumption of life or death; 2, the effects of a man's death. seven years, 3 Bro. C. C. 510; twenty years, in another case; sixteen years, 5 Ves. 458; fourteen years, 3 Serg. & Rawle, 390; twelve years, 18 John. R. 141; seven years, 6 East, 80, 85; and even five years, Finch's R. 419; the presumption of death arises. It seems that seven years has been agreed as the time when death may in general be presumed. 1 Phil. Ev. 159. See 24 Wend. R. 221; 4 Whart. R. 173. The survivorship of two or more is to be proved by facts, and not by any settled legal rule, or prescribed presumption. 5 B. & Adolp. 91; 27 E. C. L. R. 45; Cro. Eliz. 503; Bac. Ab. Execution, D; 2 Phillim. 261; Mer. R. 308; 3 Hagg. Eccl. R. 748. But see 1 Yo. & Coll. N. C. 121; 1 Curt. R. 405, 406, 429. In the following cases, no presumption of survivorship was held to arise; where two men, the father and son were hanged about the same time, and one was seen to struggle a little longer than the other, Cro. Eliz. 503; in the case of General Stanwix, who perished at sea in the same vessel with his daughter, 1 Bl. R. 610; and in the case of Taylor and his wife who also perished by being wrecked at sea with his wife, to whom he had bequeathed the principal part of his fortune. 2 Phillim. R. 261, S. C. 1 Eng. Eccl. R. 250, S. C. Vide Fearne on Rem. iv.; Poth. Obl. by Evans, vol. ii. p. 345; 1 Beck's Med. Jur. 487 to 502. The Code Civil of France has provided for most, perhaps all possible cases, art. 720, 721, and 722. These provisions have been transcribed in the Civil Code of Louisiana, in these words: 1. It is a general rule, that persons who are proved to have been living, will be presumed to be alive till the contrary is proved; and when the issue is upon the death of a person, the proof of the fact lies upon Art. 930. If several persons rethe party who asserts the death. 2 spectively entitled to inherit from East, 312; 2 Rolle's R. 461. But one another, happen to perish in the when a person has been absent for same event, such as a wreck, a bata long time, unheard from, the law tle, or a conflagration, without any will presume him to be dead. It possibility of ascertaining who died has been adjudged that after twenty-first, the presumption of survivor ship is determined by the circum- | partnership of individuals; the constances of the fact. Art. 931. In defect of the circumstances of the fact, the determination must be guided by the probabilities resulting from the strength, age, and difference of sex, according to the following rules. Art. 932. If those who have perished together were under the age of fifteen years, the eldest shall be presumed to have survived. If both were of the age of sixty years, the youngest shall be presumed to have survived. If some were under fifteen years, and some above sixty, the first shall be presumed to have survived. Art. 933. If those who perished together, were above the age of fifteen years, and under sixty, the male must be presumed to have survived, where there was an equality of age, or a difference of less than one year. If they were of the same presumption of survivorship, by which the succession becomes open in the order of nature, must be admitted, thus the younger must be presumed to have survived the elder. 2. The death of a man, as to its effects upon others, may be considered with regard, 1, to his contracts; 2, torts committed by or against him; 3, the disposition of his estate; and 4, to the liability or discharge of his bail. 1st. The contracts of a deceased person are in general not affected by his death, and his executors or administrators are required to fulfil his engagements, and may enforce those in his favour. But to this general rule there are some exceptions; some contracts are either by the terms employed in making them, or by implication of law to continue only during the life of the contracting party. Among these may be mentioned the following cases: 1. The contract of marriage. 2. The tract of partnership is dissolved by death, unless otherwise provided for. Indeed the partnership will be dissolved by the death of one or more of the partners, and its effects upon the other partners or third persons will be the same, whether they have notice of the death or otherwise. 3 Mer. R. 593; Story, Partn. § 319; 336, 343; Colly. Partn. 71; 2 Bell's Com. 639, 5th ed.; Kent, Com. 56, 4th ed.; Gow, Partn. 351; 1 Molloy, R. 465; 15 Ves. 218; S. C. 2 Russ. R. 325. 3. Contracts which are altogether personal, as for example where the deceased had agreed to accompany the other party to the contract on a journey, or to serve another, Poth. Ob. P. 3, c. 7, a. 3, § 2 and 3; or to instruct an apprentice, Bac. Ab. Executor, P; 1 Burn's Just. 82, 3; Hamm. on Part. 157; 1 Rawle's R. 61. The death of either the constituent or of an attorney puts an end to the power of attorney. To recall such power two things are necessary; 1st, the will or intention to recall; and, 2dly, special notice or general authority. cient recall of such both requisites. Death is a suffipower, answering Either it is, ac cording to one hypothesis, the intended termination of the authority; or, according to the other, the cessation of that will, the existence of which is requisite to the existence of the attorney's power; while on either supposition, the event is, or is supposed to be, notorious. But exceptions are admitted where the death is unknown, and the authority, in the meanwhile, is in action, and relied on. 3 T. R. 215; Poth. Ob. n. 448. 2d. In general when the tortfeasor or the party who has received the injury dies, the action for the recovery of damages dies with him, but when the deceased might have waived the tort, and maintained assumpsit against the defendant, his personal representative may do the same thing. See the article Actio personalis moritur cum persona, where this subject is more fully examined. When a person accused and guilty of crime dies before trial, no proceedings can be had against his representatives or his estate. 3d. By the death of a person seised of real estate, or possessed of personal property at the time of his death; his property vests when he has made a will, as he has directed by that instrument; but when he dies intestate, his real estate vests in his heirs at law by descent, and his personal property, whether in possession or in action, belongs to his executors or administrators. 4th. The death of a defendant discharges the special bail. Tidd, Pr. 243; but when he dies after the return of the ca. sa., and before it is filed, the bail are fixed. 6 T. R. 284; 5 Binn. R. 332, 338; 2 Mass. R. 485; 1 N. H. Rep. 172; 12 Wheat. 604; 4 John. R. 407; 3 M'Cord, R. 49; 4 Pick. R. 120; 4 N. H. Rep. 29. Death is also divided into natural and civil. By the former is understood the cessation of life; and by the latter the deprivation of all civil rights. DEATH BED or DYING DECLARATIONS, are those which are made in extremis, when the person making them was conscious of his danger and had given up all hopes of recovery, in cases of homicide, charging some other person or persons with the murder. See 1 Phil. Ev. 200; Stark. Ev. part 4, p. 458; 15 Johns. R. 288; 1 Hawk's R. 442; 2 Hawk's R. 31; M'Nally Ev. 174; Swift's Ev. 124. These declarations, contrary to the general rule that hearsay is not evidence, are constantly received. The principle of this exception is founded partly on the situation of the dying person, which is considered to be as powerful over his conscience as the obligation of an oath, and partly on the supposed absence of interest on the verge of the next world, which dispenses with the necessity of a cross-examination. But before such declarations can be admitted in evidence against a prisoner, it must be satisfactorily proved, that the deceased at the time of making them was conscious of his danger and had given up all hopes of recovery. 1 Phil. Ev. 215, 216; Stark. Ev. part 4, p. 460. See, in general, Bac. Abr. Evidence, K; Addis. R. 332; East's P. C. 354, 356; 1 Stark. C. 522; 2 Hayw. R. 31; 1 Hawk's R. 442; Swift's Ev. 124; Pothier, by Evans, vol. 2, p. 293; Anth. N. P. 176, and note (a); Str. 500. DEATH, CIVIL, is the state of a person who though possessing natural life, has lost all his civil rights, and, as to them is considered as dead. A person convicted and attainted of felony, and sentenced to the state prison for life, is, in the state of New York, in consequence of the act of 29th of March, 1799, and by virtue of the conviction and sentence of imprisonment for life, to be considered as civilly dead. 6 Johns. C. R. 118; 4 Johns. C. R. 228, 260; Laws of N. Y. Sess. 24, ch. 49, s. 29, 30, 31; 1 N. R. L. 157, 164; Co. Litt. 130, a; 3 Inst. 215; 1 Bl. Com. 132, 133; 4 Bl. Com. 332; 4 Vin. Ab. 152. See Code Civ. art. 22 a 25. DEATH'S PART, English law, is that portion of the personal estate of a deceased man which remained after his wife and children had received their reasonable parts from his estate; which was, if he had both a wife and child or children, one-third part; if a wife and no child, or a child or children and no wife, one-half; if neither wife nor child, he had the whole to dispose |