[595]. Contra Fearne, l. c. p. 388.
[596]. The law of England recognises the same distinction between natural and civil death, upon which the above case turns, as in cases of felons after judgment of death; the question, however, can seldom, if ever, arise, since the term natural life is almost universally introduced into assurances of property.
[597]. Recueil Periodique de la Société de Medecine de Paris.
[598]. La Medecine Legale relative a l’art des Accouchemens. A. Paris, 1821, p. 135.
[599]. Medecine Legale.
[600]. Journal de la Société de Medecine de Paris, tom. viii.
[601]. Smith’s Principles of Forensic Medicine, p. 881.
[602]. The crime of arson, at common law, is the malicious and voluntary burning of the house of another, by night or by day, whether in part or entirely. 3 Inst. 66. This felony was without benefit of clergy; but see Poulter’s case, 11 Rep. 29, 2 Hawk. P. C. 503, 1 Hale, P. C. 570. All doubts on this point are now taken away by Stat. 9, Geo. 1, c. 22. Britton saith, “Soit inquise de ceux que feloniousment en temps de pace aient auters blees, au autres measons arses, et ceux que serr de ceo attaint, soient arses, issint que its soient punies per mesme le choz dont ilz pecherent.” But this mode of punishment has been long changed, 1 Hale, P. C. 566; outhouses and barns, parcel of the dwelling house and barns having corn in them were included under the word house, for it was not necessary as in burglary to say in the indictment domum mansionale (1 Hale, P. C. 567, Barham’s case, 4 Co. Rep. 20;) to take away clergy, these distinctions are ended by 9 Geo. 1. See stats. 21 H. 8, c. 1; 23 H. 8, c. 1; 37 H. 8, c. 26; 1 Ed. 6, c. 12; 4 and 5 P. and M. c. 4; 43 Eliz. c. 13; 22 and 23 Car. 2, c. 7; 9 Geo. 1, c. 22, made perpetual by 31 G. 2, c. 42; 28 G. 2, c. 19; 1 G. 1, c. 48; 10 G. 2, c. 32; 9 G. 3, c. 29; see also Jac. L. dict. tit. Burning, and Hawk, P. C. by Leach.
[603]. Mr. Leslie has availed himself of this property in oatmeal, and has applied the substance in the place of Sulphuric acid, in his ingenious and beautiful experiment of freezing in the exhausted receiver of the air pump.
[604]. Annals of Philosophy, vol. xvi, p. 390.