ot mitigate his punishment.[89] As a witness, the deaf man
under proper circumstances is now allowed to appear without hindrance
before virtually any court.[90] As to special guardians, these will be
accorded the deaf when there appears sufficient need, though there is
less of this than formerly.[91] With respect to the testamentary
capacity of the deaf, we find that in times past the deaf were often
said to be more or less incapable of making wills, though this
presumption could always be overcome. Naturally their wills were
subjected to considerable scrutiny for the purpose of preventing fraud;
but if written and apparently genuine, they could usually stand. To-day
the deaf are practically everywhere held to be quite capable in this
respect, and probably nowhere would a will be set aside for reason of
the deafness of the testator alone. Likewise the deaf are now generally
held capable of entering into all contractual relations.[92]

PRESENT TREND OF THE LAW IN RESPECT TO THE DEAF

In most of the statutes and decisions to which we have referred there
appears a distinct trend towards treating the deaf quite as normal
persons, and the tendency may be considered to be general to-day to hold
them very much as other citizens. The greater part of all the special
legislation has ceased of late years, and it is seldom now that a
particular enactment is placed upon the statute books. Where such does
occur, it arises chiefly where some peculiar protection of the deaf has
been felt to be needed. Discriminatory legislation has practically
disappeared, as has also beneficial legislation of the old sort, the
only kind likely to be enacted in the future being along the new lines
pointed out.

In judicial proceedings likewise particular usage in respect to the deaf
has almost entirely passed away, and the deaf to-day receive little
distinctive treatment. Practically the sole special consideration now
accorded them is in the procurement of interpreters for proper
occasions. On the whole, then, the present attitude of the law may be
said to be to regard the deaf more and more fully as citizens, to allow
them all the rights and duties of such, and to consider them in little
need of particular aid or attention.[93]

FOOTNOTES:

[61] The legal treatment of the deaf, however, in past times has not
been as severe as has been often supposed. Both the Justinian Code and
the Civil Law, as well as the Common Law, granted a number of rig