VII.--DEATH FROM ANAESTHETICS, ETC. The coroner in England and Wales and Ireland must inquire into every case of death during the administration of an anaesthetic. The anaesthetist has to appear at the inquest, and must answer a long series of questions relative to the administration of the drug. Before, therefore, giving an anaesthetic, and so as to furnish yourself with a proper defence in the event of death occurring, you ought to examine the heart, lungs, and kidneys of the patient to see if they are healthy. Should a fatal result follow, the anaesthetist will require to prove that it was necessary to give the anaesthetic, that the one employed was the most suitable, that the patient was in a fit state of health to have it administered, 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.