Death

Cessation of life; extinction of poli^cal existence. See Life. Civil death. Extinction of civil rights. A bankrupt is regarded as civilly dead;' so is an insolvent corporation, to the extent that its property may be administered as a trust fund for creditors and stockholders." Formerly, if a man was banished or abjured the realm, or entered a monastery, before the law he was civilly dead — civilitur viortuus. Then, a monk,likea dying man, could make a will, or leave his next of kin to administer as if he had died intestate. Since, also, the act determined a lease for life, conveyances for life were usually made for the term of one's " natm'al life." * A convict, in the penitentiary, is civilly dead, and cannot be sued.* Natural death. Death from the unassisted operation of natural causes; death by visitation of the Creator.

Violent death

Death caused by human agency. See Coroner. A person who for seven years has not been heard of by those who wovild naturally have heard of him. had he been alive, is presumed to be dead; but the law raises no presumption as to the precise time of death. That he died before the end of that period may be presumed, it appearing that he encountered a special peril or came within the range of some impending or immediate danger which might reasonably be expected to destroy life." See Die, Without children. Death by the hands of justice. The execution of a person convicted of crime in any form allowed by law.

6 See under Die.

Death penalty

Punishment by deprivation of Ufe; capital punishment.

Death sentence

A sentence involving death.

Death warrant

An order for the execution of a person who has been sentenced to punishment by death. < The manner of inflicting the punishment of death shall be by hanging.' The language of a death-sent«nce is believed to be substantially as follows: " A B, having been convicted of the felony with which you stand charged, and of the crime of murder in the first degree [or other capi- ' International Bank v. Sherman, 101 U. S. •106 (1879). » Graham v. La Crosse, &c. R. Co., 102 U. S. 161 (1880). M Bl. Com. 133; 2 id. 267; 6 Johns. 118; Mo. R. S. 1835, p. 642. *Eice County v. Lawrence, 39 Kan. 161 (1883). ' Davie v. Briggs, 97 U. S. 638-34 (1878), cases; NeweU 1.. Nichols, 76 N. Y. 86-90 (1878), cases; Evans v. Stewart, 81 Va. '.3.3-38 (1886), cases; Doe v. Nepean, 3 Sm. L. C. 510: 1 Greenl. Ev. §'41; 2 Whart. Ev. §§ 1274-78, cases; 92 Am. Dec. 704-3, cases. « Breasted v. Farmers' Life & Trust Co., 8 N. Y. 303 taj offense], the sentence of the law is, that for this offense you be taken hence to the jail of the county, whence you came, and thence, at such time as the governor of the State [or, the President of the United States] may, by his warrant, appoint, to the place of s execution, and that you be then and there hanged by the nec)£ until you be dead. And may God have mercy upon your soul." The wording of a recent death-warrant was: Commonwealth of Pennsylvania,, governor of said commonwealth, to, high sheriff of the county of Allegheny, sends greeting: Whereas, At a court of oyer and terminer and general jail delivery held at Pittsburgh in and for the county of Allegheny at September session, 1885, a certain was tried upon a certain indictment charging him with the crime of murder, and was, on the 13th day of November, 1S85, found guilty of murder in the first degree, and was thereupon, to wit, November 19, 1885, sentenced by the said court, that he, the said, be taken thence to the jail of Allegheny county, whence he came, and thence to the place of execution at such time as the governor of this commonwealth by his warrant may appoint, and there and then he be halnged by the neck until he be dead. Now, therefore, this is to authorize and require you, the said, high sheriff of the county of Allegheny as aforesaid, or your successor in office, to cause the sentence of the said court to be executed upon the said between the hours of 10 a. m. and 3 p. M., on Thursday, the 23d day of February, Anno Domini, one thousand eight hundred and eightyeight, in the manner directed in the seventy-sixth section of the act of general assembly of this commonwealth, approved the 31st day of March, A. D., 1860. entitled an act to consolidate, revise and amend the laws of this commonwealth relating to penal proceedings and pleadings, and for so doing this shall be your sufficient warrant. Given under my hand and the great seal of the State at Harnsburg this 20th day of January, in the year of our Lord one thousand eight hundred and eightyeight, and of the commonwealth the one hundred and twelfth., Secretary of the commonwealth. Punishment by death is known as "the extreme penalty of the law. " It is not viewed as an equivalent, even in murder, nor as retaliation, but as the highest penalty man can inflict, and tending most to personal security.^ See further Cap; Execution, 3; Punishment, Capital. D^ath watch. Special guard appointed, a few days (perhaps eight to fourteen) before execution, to observe the actions of a prisoner under sentence of death, in order to discover and defeat any plan formed or attempt made to effect his escape, and to prevent him from committing suicide; also, the occasion for taking such extra precaution, and, the number of days during which the is exercised. The persons who actually perform the service may be designated as the " day " and the " night " watch.

See also Accident, Insurance; Die; Abatement, 4; Actio, Personalis; Agent; Burial; Conceal, 1; Damages; Deceden-t; Declaration, 1, Dying; Deodand; Donatio; Homicide; Insurance; Mortality; Police, 8; Eevivb; Survive.

Compare Mors. DEBAIl.

See Bar, 3.