4. Onus of proving live birth devolves on the prosecution. 5. The body need not be found in order to obtain conviction of the suspected party, if not of infanticide, at least of concealment of birth. The medical evidence, however, depends on the body being found and examined. The medical witness may be examined on one or more of the following points: (1) The recent delivery of the accused. (For “Signs of Recent Delivery,” see page 155 et seq.) (2) Maturity of the child found. (3) Was the child still-born or live-born? (4) Cause of death. (5) Lastly, as to the mental condition of the mother. Puerperal mania, &c. 6. In absence of proof of infanticide, the woman, in England, may be tried for _concealment of birth_, that is, disposing secretly of the body, whether the child be born dead or alive. 7. In Scotland, a woman may be tried for _concealment of pregnancy_ when the child is dead or missing, if she do not call for or make use of help or assistance in the birth; but the case is quashed, if the child be shown alive by the mother to others. CHAPTER XV INHERITANCE--LEGITIMACY--IMPOTENCE AND STERILITY --SURVIVORSHIP--MALPRAXIS AND NEGLECT OF DUTY --FEIGNED DISEASES--EXEMPTION FROM PUBLIC DUTIES --WILLS INHERITANCE This subject will be discussed under the following heads: (1) The child must be born alive. (2) The child must be born during the lifetime of the mother. (3) The child must be born capable of inheriting. (4) Tenancy by courtesy, and _possessio patris_. =1. The Child must be born alive.=--This has been discussed in the preceding section. =2. The Child must be born during the lifetime of the Mother.=--Death terminates the marriage contract. Would a child born after the death of the mother, and therefore not during marriage, be entitled to inherit? On this point Lord Coke writes:--“If a woman, seised of lands in fee, taketh husband, and by him is bigge with childe, and in her travell dyeth, and the childe is ripped out of her body alive, yet shall he not be tenant by the curtesie, because the child was not born during the marriage nor in the life of the wife; but in the meantime her land descended.” It appears from this that the husband is not entitled to the life-rent. =3. The Child must be born capable of inheriting.=--Monsters cannot inherit according to law. Blackstone says: “A monster which hath not the shape of mankind hath no inheritable blood,” and cannot, therefore, inherit; but, “if it hath human shape, it may be an heir.” Buffon classes monsters under three divisions: (_a_) Monsters by excess of organs. (_b_) Monsters by defect of organs. (_c_) Monsters by alteration or wrong position of parts. A hermaphrodite inherits, or not, property according to the prevailing sex.