- Email: [email protected]
FROM THE LANCET, SATURDAY, Feb. 28th, 1829.
608
compensation on account of it, and it is satis- produced with the semen of man, thus excluding the semen see that juries can, and may, appreciate this. of various animals and the other secretions and excretions of They are not, as a rule, subject to any tendency to be unduly the human body. The reaction occurs even in the absence lenient to defendants in actions for libel, as all newspaper of spermatozoa from the semen, a point of importance in cases of blennorrhagic bilateral epididymitis, when the ordiproprietors know. nary microscopical method is useless. Medical and Legal Pres1lmpt’ion of S2crvivorshiP.
to recover factory to
The recent terrible loss of life
on
board the wrecked steam-
ship Berlin brings into prominence a question of considerable interest from a medical as well as a legal point of viewnamely, the question of survivorship. The presumption as to survivorship may become important with regard to the devolution of property; common instances affording occasions for questions of survivorship arising occur when two persons (especially when two relatives) perish in the THE same calamity, such as a wreck, a battle, or a conflagration. Direct proof can seldom be procured in these cases. In the
Looking Back. FROM
LANCET, SATURDAY,
Feb. 28th, 1829.
Roman law and in several other codes recourse is had to POPULAR FEELING FROM THE LATE TRIAL. artificial presumptions whenever the particular circumstances A MAN went to Bartholomew’s a few days ago, complaining connected with the deaths are wholly unknown, such prehydrocele, and was placed under the care of Mr. EARLE. sumptions being based on the probabilities of survivorship of He was told he would soon be cured ; and on Saturday last, resulting from strength, age, and sex. Thus, if a father was desired to go into the operating theatre, where it was and son perish together in the same shipwreck or battle Roman law presumed the son died first, if he was under intended to tap him. When he arrived, the theatre was the age of puberty ; but if he was above that age that crowded to excess, and the first object that attracted his he was the survivor, the principle being that in the attention was Mr. Earle standing by the table, with a trocar former case the elder is generally the more robust in his hand ready to operate. I I Oh !" said the patient, "is No, my lads; I have heard of that Barnsby and in the latter the younger. The French Code has this it ?7 for the stone, in the Borough, and you Cooper’s operation to the of under and that those 15 the regard ages, presumes eldest survived and that of those above 60 the youngest don’t take any stone from me, depend on’t; besides, my don’t know vhere I ara.’’ And having thus expressed survived; that if one of the parties were under the age friends his he bolted, amidst the loud laughter of the determination, of 15 and the other above the age of 60 the former A chimney-sweeper was waiting just by, to have a survived, and that if both parties were between those I pupils. cancer of the scrotum removed ; but on seeing the other man ages, but of different sexes, the male survived unless he an exit, he took to his heels in the same were more than a year younger than the female, but that make so hasty if they were of the same sex the survivorship of the manner, and was no more seen or heard of. The same rules were in younger must be presumed. force in the Territory of Orleans at the time of its cession THE COMMON BUCK-BEAN, OR MARSH TREFOIL, AS A to the United States and have since been incorporated SUBSTITUTE FOR HOPS. into the Code of Louisiana. They have also, with some Mr. Yosy communicated to the Medico-Botanical Society, modifications, been adopted into the State of New York. that the above-named plant is used in Germany as a subBut in the law of England there is no presumption of law stitute for hops, and contains the bitter principle in greater arising from age or sex as to survivorship among persons abundance than the common hop. The leaves should be whose death is occasioned by one and the same cause. Nor in the spring, and dried in the shade. It is also is there any presumption of law that all died at the same gathered in employed brewing porter in Sweden, and it is said to is one of time. The question fact, depending wholly on have been introduced there by an sailor, in 1789. evidence, and if the evidence does not establish the survivor- For this communication, the Society English to Mr. Yosy presented ship of anyone the law will treat it as a matter incapable of their silver medal.-Transaotions of the liledico-Botanical being determined. The onus probandi is on the person Society, No. 1. asserting the affirmative. In Wing v. Angrave (8 H. L. C. 183) two persons, husband and wife, made their separate wills. In the husband’s will the property was given to his VITAL STATISTICS. wife, " and in case my wife shall die in my lifetime " then to W. W. in trust for the children on their coming of age, and in case all of them should die under age then HEALTH OF ENGLISH TOWNS. to W. W. for his absolute use and benefit. In the wife’s IN 76 of the largest English towns 8250 births and 5469 will (made under a power given by her deceased father, in default of the exercise of which the property was to go to deaths were registered during the week ending Feb. 23rd. relatives specifically named) the property was given to the The annual rate of mortality, which had been equal to 20’9 husband (subject to interests in the children), "and in case and 20’ 4 per 1000 in the two preceding weeks, further declined to 17’ 8 in the week under notice. During the first my husband should die in my lifetime"then to W. W. weeks of the current quarter the death-rate in these and The husband and wife two children absolutely. perished eight at sea, being all swept off the deck by one wave and all dis- towns averaged 19’ 8 per 1000, the rate during the same period in London being 20’1. The lowest annual death-rates in appearing together. It was held by the House of Lords that there was no presumption that the husband had survived the the 76 towns during the week were 6’9 in King’s Norton, wife or the wife the husband. The principles thus estab- 10’in Leyton, 11’6in Derby, and 11’8in Smethwick; the lished must be considered as the actual law governing the rates in the other towns ranged upwards to 24 ’ 8 inStockport, courts of England and their reasonableness will hardly be 25’ 5 in Brighton, 27’7 in Middlesbrough, and 27’ 9 in Hanley. 5469 deaths in the 76 towns showed a further decline disputed. They discard theories which are at best founded The of from the high numbers in recent weeks, and included 790 on mere conjectures which can rarely, if ever, be verified. The principles on which the courts of England act appear to 390 which were referred to the principal epidemic diseases, be recognised and acted on to a certain extent by Holland and against 466 and 412 in the two preceding weeks ; of these, the German and Scandinavian States, while in the south of 136 resulted from measles, 95 from whooping-cough, 65 from 39 from diarrhoea, 38 from scarlet fever, 16 Europe, Italy, France, and Spain the doctrines of the diphtheria, from " fever " (principally enteric), and one from smallRoman law prevail. pox. The deaths from these epidemic diseases were equal Barberio’s Reccction for Semen. to an annual rate of 1’ 3 per 1000 in the 76 towns, In the Sevaccine 11?edieaZe, 1906, p, 476, M. Levinsohn the rate from the same diseases in London being describes Barberio’s reaction for the identification of semen only 1 - 2. No death from any of these epidemic and draws attention to its superiority over other methods. A diseases was registered last week in York, Sunderland, concentrated aqueous solution of picric acid is added to one Walsall, Hanley, or in 12 other of the 76 towns ; the annual drop of the suspected semen or its concentrated aqueous death-rate therefrom, however, ranged upwards to 3’3in solution. In the presence of semen rhomboidal crystals, Rotherham, 4’4 in Grimsby, 4’66 in Middlesbrough, and yellow in colour, are formed. This is a delicate microscopical 5’ 6 in St. Helens. The 136 fatal cases of measles showed reaction ; it is alleged to have the advantage that it is only an increase upon recent weekly numbers ; they caused an I
compensation on account of it, and it is satis- produced with the semen of man, thus excluding the semen see that juries can, and may, appreciate this. of various animals and the other secretions and excretions of They are not, as a rule, subject to any tendency to be unduly the human body. The reaction occurs even in the absence lenient to defendants in actions for libel, as all newspaper of spermatozoa from the semen, a point of importance in cases of blennorrhagic bilateral epididymitis, when the ordiproprietors know. nary microscopical method is useless. Medical and Legal Pres1lmpt’ion of S2crvivorshiP.
to recover factory to
The recent terrible loss of life
on
board the wrecked steam-
ship Berlin brings into prominence a question of considerable interest from a medical as well as a legal point of viewnamely, the question of survivorship. The presumption as to survivorship may become important with regard to the devolution of property; common instances affording occasions for questions of survivorship arising occur when two persons (especially when two relatives) perish in the THE same calamity, such as a wreck, a battle, or a conflagration. Direct proof can seldom be procured in these cases. In the
Looking Back. FROM
LANCET, SATURDAY,
Feb. 28th, 1829.
Roman law and in several other codes recourse is had to POPULAR FEELING FROM THE LATE TRIAL. artificial presumptions whenever the particular circumstances A MAN went to Bartholomew’s a few days ago, complaining connected with the deaths are wholly unknown, such prehydrocele, and was placed under the care of Mr. EARLE. sumptions being based on the probabilities of survivorship of He was told he would soon be cured ; and on Saturday last, resulting from strength, age, and sex. Thus, if a father was desired to go into the operating theatre, where it was and son perish together in the same shipwreck or battle Roman law presumed the son died first, if he was under intended to tap him. When he arrived, the theatre was the age of puberty ; but if he was above that age that crowded to excess, and the first object that attracted his he was the survivor, the principle being that in the attention was Mr. Earle standing by the table, with a trocar former case the elder is generally the more robust in his hand ready to operate. I I Oh !" said the patient, "is No, my lads; I have heard of that Barnsby and in the latter the younger. The French Code has this it ?7 for the stone, in the Borough, and you Cooper’s operation to the of under and that those 15 the regard ages, presumes eldest survived and that of those above 60 the youngest don’t take any stone from me, depend on’t; besides, my don’t know vhere I ara.’’ And having thus expressed survived; that if one of the parties were under the age friends his he bolted, amidst the loud laughter of the determination, of 15 and the other above the age of 60 the former A chimney-sweeper was waiting just by, to have a survived, and that if both parties were between those I pupils. cancer of the scrotum removed ; but on seeing the other man ages, but of different sexes, the male survived unless he an exit, he took to his heels in the same were more than a year younger than the female, but that make so hasty if they were of the same sex the survivorship of the manner, and was no more seen or heard of. The same rules were in younger must be presumed. force in the Territory of Orleans at the time of its cession THE COMMON BUCK-BEAN, OR MARSH TREFOIL, AS A to the United States and have since been incorporated SUBSTITUTE FOR HOPS. into the Code of Louisiana. They have also, with some Mr. Yosy communicated to the Medico-Botanical Society, modifications, been adopted into the State of New York. that the above-named plant is used in Germany as a subBut in the law of England there is no presumption of law stitute for hops, and contains the bitter principle in greater arising from age or sex as to survivorship among persons abundance than the common hop. The leaves should be whose death is occasioned by one and the same cause. Nor in the spring, and dried in the shade. It is also is there any presumption of law that all died at the same gathered in employed brewing porter in Sweden, and it is said to is one of time. The question fact, depending wholly on have been introduced there by an sailor, in 1789. evidence, and if the evidence does not establish the survivor- For this communication, the Society English to Mr. Yosy presented ship of anyone the law will treat it as a matter incapable of their silver medal.-Transaotions of the liledico-Botanical being determined. The onus probandi is on the person Society, No. 1. asserting the affirmative. In Wing v. Angrave (8 H. L. C. 183) two persons, husband and wife, made their separate wills. In the husband’s will the property was given to his VITAL STATISTICS. wife, " and in case my wife shall die in my lifetime " then to W. W. in trust for the children on their coming of age, and in case all of them should die under age then HEALTH OF ENGLISH TOWNS. to W. W. for his absolute use and benefit. In the wife’s IN 76 of the largest English towns 8250 births and 5469 will (made under a power given by her deceased father, in default of the exercise of which the property was to go to deaths were registered during the week ending Feb. 23rd. relatives specifically named) the property was given to the The annual rate of mortality, which had been equal to 20’9 husband (subject to interests in the children), "and in case and 20’ 4 per 1000 in the two preceding weeks, further declined to 17’ 8 in the week under notice. During the first my husband should die in my lifetime"then to W. W. weeks of the current quarter the death-rate in these and The husband and wife two children absolutely. perished eight at sea, being all swept off the deck by one wave and all dis- towns averaged 19’ 8 per 1000, the rate during the same period in London being 20’1. The lowest annual death-rates in appearing together. It was held by the House of Lords that there was no presumption that the husband had survived the the 76 towns during the week were 6’9 in King’s Norton, wife or the wife the husband. The principles thus estab- 10’in Leyton, 11’6in Derby, and 11’8in Smethwick; the lished must be considered as the actual law governing the rates in the other towns ranged upwards to 24 ’ 8 inStockport, courts of England and their reasonableness will hardly be 25’ 5 in Brighton, 27’7 in Middlesbrough, and 27’ 9 in Hanley. 5469 deaths in the 76 towns showed a further decline disputed. They discard theories which are at best founded The of from the high numbers in recent weeks, and included 790 on mere conjectures which can rarely, if ever, be verified. The principles on which the courts of England act appear to 390 which were referred to the principal epidemic diseases, be recognised and acted on to a certain extent by Holland and against 466 and 412 in the two preceding weeks ; of these, the German and Scandinavian States, while in the south of 136 resulted from measles, 95 from whooping-cough, 65 from 39 from diarrhoea, 38 from scarlet fever, 16 Europe, Italy, France, and Spain the doctrines of the diphtheria, from " fever " (principally enteric), and one from smallRoman law prevail. pox. The deaths from these epidemic diseases were equal Barberio’s Reccction for Semen. to an annual rate of 1’ 3 per 1000 in the 76 towns, In the Sevaccine 11?edieaZe, 1906, p, 476, M. Levinsohn the rate from the same diseases in London being describes Barberio’s reaction for the identification of semen only 1 - 2. No death from any of these epidemic and draws attention to its superiority over other methods. A diseases was registered last week in York, Sunderland, concentrated aqueous solution of picric acid is added to one Walsall, Hanley, or in 12 other of the 76 towns ; the annual drop of the suspected semen or its concentrated aqueous death-rate therefrom, however, ranged upwards to 3’3in solution. In the presence of semen rhomboidal crystals, Rotherham, 4’4 in Grimsby, 4’66 in Middlesbrough, and yellow in colour, are formed. This is a delicate microscopical 5’ 6 in St. Helens. The 136 fatal cases of measles showed reaction ; it is alleged to have the advantage that it is only an increase upon recent weekly numbers ; they caused an I