that it was given skilfully and in
moderate amount, that he had the usual remedies at hand in case of
failure of the heart or lungs, and that he employed every means in his
power to resuscitate the patient.

The condition of the lungs is of more importance than the state of the
heart.

The chloroformist ought always to use the best chloroform.

An anaesthetic should never be administered except in the presence of a
_third person_. This applies especially to dentists who give gas to
females.

=Malpractice.=--In every case where a medical man attends a patient, he
must give him that amount of care, skill, knowledge, or judgment, that
the law expects of him. If he does not, then the charge of malpractice
may be brought against him. It is most frequently alleged in connection
with surgical affections--_e.g._, overlooking a fracture or dislocation.
Before a major operation is performed, it is well to get a written
agreement.

VIII.--PRESUMPTION OF DEATH; SURVIVORSHIP

=Presumption of Death.=--If a person be unheard of for seven years, the
court may, on application by the nearest relative, presume death to have
taken place. If, however, it can be shown that in all probability death
had occurred in a certain accident or shipwreck, the decree may be made
much earlier.

=Presumption of Survivorship.=--When two or more related persons perish
in a common accident, it may be necessary, in order to decide questions
of succession, to determine which of them died first. It is generally
accepted that the stronger and more vigorous will survive longest.

IX.--ASSAULT, MURDER, MANSLAUGHTER, ETC.

=Assault.=--This is an attempt or offer to do violence to another
person; it is not necessary that actual injury has been done, but evil
intention must be proved. When a corporal hurt has been sustained, then
_assault and battery_ has been committed. The assault may be aggravated
by the use of weapons, etc.

=Homicide= may be _justifiable_, as in the case of judicial execution,
or _excusable_, as in defence of one's family or property.

_Felonious homicide_ is murder. This means that a human being has been
killed by another maliciously and deliberately or with reckless
disregard of consequences.

=Manslaughter= or =Culpable Homicide= (Scotland) is the unlawful killing
of a human being without malice--as homicide after great provocation;
signalman who allows a train to pass, and so collide with another in
front.