whether an individual is a male or a female. At an early period of intra-uterine life, at six weeks or thereabouts, it is impossible to determine the sex of the embryo. The external organs of generation are as yet undeveloped, and

Diagram of the Wolffian bodies, Müllerian ducts, and adjacent parts previous to sexual distinction (as seen from before): sr, the suprarenal bodies; r, the kidneys; ot, common blastema of ovaries or testicles; W, Wolffian bodies; w, Wolffian ducts; m m, Müllerian ducts; gc, genital cord; ug, sinus urogenitalis; i, intestines; cl, cloaca (QUAIN).

the internal organs consist (Fig. 37) of what may be called two indifferent bodies, the ducts of Müller and the Wolffian bodies. In case of such an embryo developing into a male, the two indifferent bodies will become testicles, which, in descending, push the abdominal walls ahead of

them, giving rise in this way to the formation of the scrotum, which they ultimately occupy. The Wolffian bodies are transformed into the epididymis, vas deferens, etc., the ducts of Müller becoming atrophied.

On the other hand, should such an embryo develop into a female, the two indifferent bodies would become ovaries and remain in the abdominal cavity, and the ducts of Müller would be transformed into the vagina, uterus, and Fallopian tubes, the Wolffian bodies becoming atrophied. The penis and clitoris, developing later than the internal generative organs, consist essentially of the same parts, the only difference between them being due to the fact that the two folds of skin which remain distinct, as the labia minora in the female, grow around and underneath, as the skin of the penis in the male; while the two cutaneous folds constituting the labia majora of the female, in fusing together in the middle line, form the scrotum in the male.

Such being the development of the generative organs, it is readily seen, on the supposition that an individual is really a male, that, if the testicles in such a case were to remain in the abdominal cavity, the labia majora and minora failing at the same time to coalesce in the middle line, and the penis to remain undeveloped, such an individual might be easily mistaken for a female. On the other hand, if the clitoris, a highly erectile organ, was very much developed, and permitted sexual intercourse, such an individual might be considered a male, it being supposed that the testicles had not descended; the absence of a scrotum being in that way explained.1

It is obvious, from what has been said, that a true human hermaphrodite, that is a human creature in which a full functionally complete set of organs are united in one Beck: op. cit., vol. i. pp. 169, 170, 172, 175.

individual, is a physical impossibility. For, even on the supposition that the Müllerian ducts and Wolffian bodies would be simultaneously transformed into vagina, uterus, epididymis, vasa deferentia, etc., one of the indifferent bodies into an ovary, the other into a testicle, a penis would not be developed simultaneously with a clitoris, since being essentially one and the same structure one or the other is alone developed. That the clitoris and the penis are essentially homologous organs is still further proved by the fact that urination is accomplished by the clitoris in the female of certain animals, rodents, and others exactly as by the penis in the male of the same species. It need hardly be added that, while there is no authenticated case proving that a true human hermaphrodite has ever existed, such a disposition of the generative apparatus not unfrequently occurs among the lower animals, as snails, tapeworms, etc.

In cases where an estate descends to the first-born male, if the offspring should be of doubtful sex, the peculiarities constituting the individual a male would have to be determined by the medical expert. In such doubtful cases the decision might be postponed until the child arrives at the age of puberty, when the secretion of healthy active. spermatozoa would establish the sex. It is important, with reference to the attaining of majority, that the exact day and hour of a child's birth be accurately noted-a person attaining a legal majority the first instant of the day before the twenty-first anniversary of his or her birth-day, though forty-seven hours and fifty-nine minutes less than the complete number of days, counting by hours on the principle that a part of a day is medico-legally equal to the whole of a day.1

1 Taylor: op. cit., p. 599.

Presumption of Death.-It not unfrequently happens that a person leaves his home and is not heard of for many continuous years, perhaps never again. The law presuming such a person to be dead, the executor is justified in settling the estate. The length of time usually assumed legally as warranting the presumption of death is seven years from the time the person was last seen or heard of.1 A woman who had not heard of her husband for that number of years might marry again, therefore, without rendering herself liable to the charge of bigamy, even if it was afterwards shown that the first husband was living at the time of the second marriage. In cases where property is inherited, and in lifeinsurance cases, so long a time as seven years is not usually considered necessary by the courts, settlements being often made in two years of the period within which the person was presumed to have died. The presumption of death is usually determined by a jury on the general evidence submitted.

Under certain circumstances, however, as in cases where the person presumed to be dead was suffering from some disease at the time last seen or heard of, medical testimony would be taken as to the probable issue in such a case.

Presumption of Survivorship.-When several persons, members of the same family, for example, are lost at sea or are burned in a fire, the law usually assumes that they perished together. But, in the disposition of an estate thus left, it may be a matter of difficulty to determine who is the heir-at-law, and medical testimony may be taken to aid in determining what member of the family, if any, survived the others. Suppose that the persons dying were father and son, and that the son

1 Beck: op. cit., vol. i. p. 643; Tidy: op. cit., part i. p. 385.

survived the father, even though it were for a moment, the wife would inherit. Suppose that two persons were related to each other as testator and legatee, and that the latter should die first, the legacy would then lapse. If, however, the legatee survived the testator, then his heirs would inherit. A husband, as already mentioned, inherits from his wife if their child survives the death of the mother, even for only a moment.

While no positive statements can be made by the medical examiner in cases involving the presumption of survivorship, there are, nevertheless, certain general probabilities that should be taken into consideration. Thus, for example, if a number of persons of different ages perish together, it would be a fair presumption that the very old and very young, other things being equal, would not survive as long as those of middle age. In the case of a man and woman being drowned, it is to be presumed that, on account of greater physical strength, the man survived longer than the woman. Young people and old persons appear to succumb more quickly to the effects of cold than adults. The latter, however, do not resist the effects of heat as well as the former. As regards the effects of cold and heat upon the human system, more particularly in reference to questions of survivorship, the general physical condition, the kind of clothing, the extent to which alcohol has been indulged in, would have to be taken into consideration. It is well known that the aged can do without food better than the young. In cases of death from starvation, the presumption would be, therefore, in favor of the former surviving rather than the latter.

Personal Identity of the Living.-In cases involving the inheritance of property, medical testimony is occasionally taken in identifying a certain individual as the