furnishes no proof either that respiration has not been performed, or that the child has not lived. (G. H. Rep., April, 1842.) That our law authorities will admit evidence of life in a child before the establishment of respiration, is clear from the decision of Judge Parker in the case of Rex v. Brain, in which he said that a child might be born alive and not breathe for some time after its birth (Archbold's Crim. Pl. 377), as also from the charge of Mr. Justice Coltman, in the case of Rex v. Sellis (Norf. Spr. Cric., 1837). In this instance it was alleged that the prisoner had murdered her child by cutting off its head. The judge told the jury that if the child was alive at the time of the act, it was not necessary, in order to constitute murder, that it should have breathed. In fact, it would appear that respiration is regarded as only one proof of life, and the law will, therefore, receive any other kind of evidence which may satisfactorily show that the child has lived." Taylor's Med. Juris., p. 324.

Cases are also on record going to show that the law would regard it as willful murder, if respiration were prevented.

On further research it would appear that the civil rights appertain to a child born, though it has not yet breathed.

Taylor again tells us (p. 428): "The pulsation of a child's heart, or even the spasmodic twitchings of the muscles of its body, is regarded as a satisfactory proof of live birth. The latter sign has been judicially so pronounced, a fortiori, therefore, the motion of a limb will be considered good evidence, in an English court of law, of life after birth."

Provided these manifestations of the presence of life are undoubted, the time during which they continue is not material.*

Taylor mentions a case (Fish v. Palmer), tried in the English Court of Exchequer in 1806, where the plaintiff's wife, possessed in her own right of landed estate, died after delivery of a child, supposed at the time to have been born dead. The estate was claimed by Palmer. her heir at law, and surrendered by Fish in consequence of his not having a living child by his marriage. Subsequent information led to the belief that the child was born alive. In the action which was brought to recover the estate, Fish produced evidence to show that the physician who attended his wife (since deceased) had declared that the child was living an hour before it was born, and when it was born he had it immediately placed in a warm bath by the nurse. It did not manifest any signs of active existence, yet the two women who attended it swore that there appeared twice a twitching and tremulous motion of the lips. It did not exhibit any further signs of existence.

The question next arose, whether this was sufficient evidence of the child having been born alive?

The medical men differed. Two gave it as their opinion that had the vital principle been extinct there could have been no muscular action in any part of the body, therefore it had been born alive, or manifested life after its entire birth. One demurred, and attributed this motion of the lips to the remains of intrauterine life.

The jury, under the charge of the court, pronounced the child to have been born alive, and the plaintiff recovered his estate.

"A child which survives entire birth for a single instant acquires the same civil rights as if it had continued to live for a month longer." Taylor, op. cit.

All physiologists would readily acknowledge that such movements could not occur in a body devoid of life; that they must be due to the presence of some vital power.

Casper's Forensic Medicine really throws no light upon the subject. He quotes the General Common Law, part i, tit. 12, § 13. The live birth of a child is to be held proven, when it has been heard to cry by witnesses of unimpeachable veracity, present at its birth. This is all. The subject is not again alluded to.

In the last edition of Wharton and Stillé, vol. ii, p. 100, we find the following: "It is important to bear in mind that there may be life without respiration. The circulation may go on, and the child may make various muscular movements, after it is separated from the mother, without respiring; sometimes, owing to congenital feebleness, or to its being in 'an asphyxiated condition, it makes no effort to breathe; and again, all its efforts may be fruitless, from the obstruction of the fauces and larynx with viscid mucus. Hence, paradoxical as it may seem, a child may live and die without having breathed. . . . The attempt too strictly to define the essential conditions of life has led to some absurd conclusions. In Germany, a distinct vocal sound is required by law as the evidence of life. But this appears to be modified in practice by the substitution of breathing for vocal sound, and the doctrine is accepted that respiration and life are reciprocally evidences of one another." Hence, intra-uterine life is not life. This view is not tenable, when we consider the many instances of suspended respiration for a longer or shorter period, as in attacks of trance, or, what is of more frequent occurrence, of syncope.

There must be life, so long as even the feeblest circulation continues. In fact, this is demonstrated by the tests by which to determine in cases of apparent death whether life is utterly extinct; a ligature placed around the end of a finger, by impeding the return of the venous blood, at once shows that circulation still continues in the capillaries, and hence that life has not entirely departed.

In the work just quoted instances are given to show the importance of this matter. In these cases, because of the presence of pulsation, even after the lapse of several hours, efforts at resuscitation were made and crowned with success.

Wharton and Stillé (op. cit., p. 117) give, as one chief point that has been demonstrated, "that life for a brief period is 'compatible with absence of respiration."

In conclusion, with such an array of facts and opinions, we would most earnestly caution the profession against the careless habit which so frequently obtains of reporting a child as still-born, merely because it lived but a short time after delivery.

We are firmly of the opinion that a large number, perhaps even a majority, of those reported among the still-births were living, even breathing, for an appreciable interval after their complete separation from the mother.

NOTES.

The following are some of the details for the judicial organization of the Empire of Germany. The high courts of minor States, and those of a purely commercial nature, are to be abolished, and a like fate awaits trial by jury. "Schöffen" tribunals are to be instituted for all criminal matters. The ecclesiastical jurisdiction over marriage is abrogated. A High Court of Cassation is projected, the future locality of which is not at present known, although it is supposed Leipsic will be the favored spot. There is to be a public minister appointed to every court of justice, with the exception of those devoted entirely to commercial suits.

M. Depeyre, the new French Minister of Justice, was in 1870 leader of the Toulouse Bar. Elected as a Conservative, he drew attention to himself in the early days of the Bordeaux Assembly by a fluent antiRepublican speech. He is a wily advocate, with an apparently vehement manner, which he can perfectly well control within calculated bounds. His portfolio is the reward of some half-dozen declamatory speeches. The Japanese Embassy has appointed Wm. E. Grigsby, B. A. of Balleal College, Oxford, England, Professor of International Law at Yeddo, at a very liberal salary. An English contemporary says: "There have been five Japanese students studying at Oxford this term, among whom are the son of the Prime Minister, and Nabishima, one of the chief Diamois. These students manifest great zeal and aptitude for the study of English law. They take the lectures of their tutor in English, which they translate into their own language, and submit the retranslations to his approval."

The Scottish Law Magazine says: "Our readers will be pleased to learn that Mr. Beach Lawrence, the wellknown editor of Wheaton, has been appointed to the Chair of the Law of Nations, which forms part of the National University now being founded at Washington. Last winter Mr. Lawrence delivered a course of lectures on this subject, which, like Sir James Mackintosh's first course, was attended by the highest officials in the different departments of government, the judges of the Supreme Court and the foreign ambassadors resident at Washington. Knowing this fact, and Mr. Lawrence's reputation in the branch of jurisprudence which he is appointed to teach, we are not surprised to hear that his appointment was unanimous. Scientifically viewed, it probably was inevitable. But the scientific point of view is not the only one; and at the present moment we cannot but regard Mr. Lawrence's appointment as creditable to his countrymen, seeing that his latest achievement has consisted in advocating the claims of the British owners and underwriters of the "Circassian" before the mixed commission appointed by the 12th Article of the Treaty of Washington, and procuring in their favor the reversal of the decrees of the highest American tribunal. Mr. Lawrence has published his argument in a very interesting pamphlet, entitled Belligerent and Sovereign Rights.

Representatives Wilson and Eldridge, of the house judiciary committee, have left Washington for New Orleans to take testimony in the case of Judge Durrell. It is their intention, while avoiding State politics and complications, to investigate all acts of the Federal courts which, it is charged, taint Judge Durrell's official conduct.

COURT OF APPEALS DECISIONS. The following decisions were announced in the Court of Appeals on the 23d inst.:

Judgments affirmed with costs - Page v. McDonnell ; Beard v. Holahan; Freeman v. New York Central R. R. Co.; Ledoux v. Rolin; Ruff v. Rinaldo; Phillips v. Higgins; Susdorff v. Schmidt; The Excelsior Fire Ins. Co. and others v. Royal Insurance Co. of Liverpool; Cozine v. Walter.-Judgments reversed and new trial granted, costs to abide event - Hidden v. Waldo; Arnold v. The Hudson River Railroad Company. Order granting new trial affirmed and judgment absolute for plaintiff with costs-Muller v. Rinder.Order affirmed with costs-Easton v. Peckersgill.Appeal dismissed with costs-Tracy v. McManus. Appeal dismissed with costs of the appeal up to the time of making the motion and $10 costs of motion — Bodell v. Cornell.-Motion denied -The People ex rel. Day v. Bergen.

LEGAL NEWS.

Kentucky is to have a constitutional convention. The Court of Appeals adjourned on Tuesday to the 19th day of January, 1874.

The Council of Law Reporting, appointed under the scheme adopted by the Bar Association of New York city, is as follows: Hon. Wm. M. Evarts, Lewis L. Delafield, Esq., Hon. Joseph S. Bosworth, Hon. James Emott, Montgomery H. Throop, Esq., Clifford A. Hand, Esq.

A

The lawyers of New Hampshire met at Concord on the 18th inst., aud formed a State Bar Association. constitution and by-laws were adopted, and the following officers were elected for the ensuing year: President, Hon. Ira Perley, of Concord; Vice-Presidents, W. Hackett, E. L. Cushing and Harry Bingham; Secretary, William Chase; Treasurer, L. D. Stevens. An executive committee of nine was also appointed.

A numerously attended meeting of the bar was held in Quebec on the 19th inst., to take into consideration the question of bringing the present condition of the Court of Queen's Bench under the notice of the Minister of Justice. Resolutions declaring the administration of justice in the Court of Queen's Bench inefficient, and calculated to destroy the confidence which it should enjoy as the highest tribunal in the country, and advocating a speedy re-organization as absolutely necessary, were adopted. Copies were sent to the Minister of Justice and the Attorney-General of the Province of Quebec.

In the United States Senate on the 17th inst., Mr. Sumner, of Massachusetts, introduced a resolution which was passed instructing the committee on finance to inquire into the expediency of reducing national expenditures by abolishing the office of commissioner of internal revenue and other offices under him, and that internal taxation be collected by stamps, unstamped articles to be liable to seizure and confiscation by any United States court. The law to be enforced under the direction of the secretary of the treasury. And on the 18th, Mr. Morrill, of Vermont, offered a resolution, which was agreed to, directing the judiciary committee to inquire into the state of the law respecting the discharge from prisons of persons committed thereto by United States courts, and into the expediency of providing for furnishing to such persons the means of temporary subsistence.