humorous, of the tricks played on the Enemy of Mankind. Thus Sisyphus fettered Death, keeping him prisoner till rescued by Ares; in Venetian folklore Beppo ties him up in a bag for eighteen months; while in Sicily an innkeeper corks him up in a bottle, and a monk keeps him in his pouch for forty years. The German parallel is Gambling Hansel, who kept Death up a tree for seven years. Such examples might be multiplied unendingly, but enough has been said to show that the attitude of civilized man towards the sphinx-riddle of his end has been in part dictated and is even still influenced by the savage belief that to die is unnatural.
Law—Registration.—The registration of burials in England goes back to the time of Thomas Cromwell, who in 1538 instituted the keeping of parish registers. Statutory measures were taken from time to time to ensure the preservation of registers of burials, but it was not until 1836 (the Births and Deaths Registration Act) that the registration of deaths became a national concern. Other acts dealing with death registration were subsequently passed, and the whole law for England consolidated by the Births and Deaths Registration Act 1874. By that act, the registration of every death and the cause of the death is compulsory. When a person dies in a house information of the death and the particulars required to be registered must be given within five days of the death to the registrar to the best of the person’s knowledge and belief by one of the following persons:—(1) The nearest relative of the deceased present at the death, or in attendance during the last illness of the deceased. If they fail, then (2) some other relative of the deceased in the same sub-district (registrar’s) as the deceased. In default of relatives, (3) some person present at the death, or the occupier of the house in which, to his knowledge, the death took place. If all the above fail, (4) some inmate of the house, or the person causing the body of the deceased to be buried. The person giving the information must sign the register. Similarly, also, information must be given concerning death where the deceased dies not in a house.
Where written notice of the death, accompanied by a medical certificate of the cause of death, is sent to the registrar, information must nevertheless be given and the register signed within fourteen days after the death by the person giving the notice or some other person as required by the act. Failure to give information of death, or to comply with the registrar’s requisitions, entails a penalty not exceeding forty shillings, and making false statements or certificates, or forging or falsifying them, is punishable either summarily within six months, or on indictment within three years of the offence. Before burial takes place the clergyman or other person conducting the funeral or religious service must have the registrar’s certificate that the death of the deceased person has been duly registered, or else a coroner’s order or warrant. Failing the certificate, the clergyman cannot refuse to bury, but he must forthwith give notice in writing to the registrar. Failure to do so within seven days involves a penalty not exceeding ten pounds. Children must not be registered as still-born without a medical certificate or a signed declaration from some one who would have been required, if the child had been born alive, to give information concerning the birth, that the child was still-born and that no medical man was present at the birth, or a coroner’s order. The registration of deaths at sea is regulated by the act of 1874 together with the Merchant Shipping Act 1894. See further Birth and Burial and Burial Acts. Registers of death are, in law, evidence of the fact of death, and the entry, or a certified copy of it, will be sufficient evidence without a certificate of burial, although it is desirable that it should also be produced.
Presumption of Death.—The fact of death may, in English law, be proved not only by direct but by presumptive evidence. When a person disappears, so that no direct proof of his whereabouts or death is obtainable, death may be presumed at the expiration of seven years from the period when the person was last heard of. It is always, however, a matter of fact for the jury, and the onus of proving the death lies on the party who asserts it. In Scotland, by the Presumption of Life (Scotland) Act 1891, the presumption is statutory. In those cases where people disappear under circumstances which create a strong probability of death, the court may, for the purpose of probate or administration, presume the death before the lapse of seven years. The question of survivorship, where two or more persons are shown to have perished by the same catastrophe, as in cases of shipwreck, has been much discussed. It was at one time thought that there might be a presumption of survivorship in favour of the younger as against the older, of the male as against the female, &c. But it is now clear that there is no such presumption (In re Alston, 1892, P. 142). This is also the rule in most states of the American Union. The doctrine of survivorship originated in the Roman Law, which had recourse to certain artificial presumptions, where the particular circumstances connected with deaths were unknown. Some of the systems founded on the civil law, as the French code, have adopted certain rules of survivorship.
Civil Death is an expression used, in law, in contradistinction to natural death. Formerly, a man was said to be dead in law (1) when he entered a monastery and became professed in religion; (2) when he abjured the realm; (3) when he was attainted of treason or felony. Since the suppression of the monasteries there has been no legal establishment for professed persons in England, and the first distinction has therefore disappeared, though for long after the original reason had ceased to make it necessary grants of life estates were usually made for the terms of a man’s natural life. The act abolishing sanctuaries (1623) did away with civil death by abjuration; and the Forfeiture Act 1870, that on attainder for treason or felony.
For the tax levied on the estate of deceased persons, and sometimes called “death duty,” see Succession Duty.
For the statistics of the death-rate of the United Kingdom as compared with that of the various European countries see United Kingdom. See also the articles Annuity; Capital Punishment; Cremation; Insurance; Medical Jurisprudence, &c.
DEATH-WARNING, a term used in psychical research for an intimation of the death of another person received by other than the ordinary sensory channels, i.e. by (1) a sensory hallucination or (2) a massive sensation, both being of telepathic origin. (See Telepathy.) Both among civilized and uncivilized peoples there is a widespread belief that the apparition of a living person is an omen of death; but until the Society of Psychical Research undertook the statistical examination of the question, there were no data for estimating the value of the belief. In 1885 a collection of spontaneous cases and a discussion of the evidence was published under the title Phantasms of the Living, and though the standard of evidence was lower than at the present time, a substantial body of testimony, including many striking cases, was there put forward. In 1889 a further inquiry was undertaken, known as the “Census of Hallucinations,” which provided information as to the percentage of individuals in the general population who, at some period of their lives, while they were in a normal state of health, had had “a vivid impression of seeing or being touched by a living being or inanimate object, or of hearing a voice; which impression, so far as they could discover, was not due to any external cause.” To the census question about 17,000 answers were received, and after making all deductions it appeared that death coincidences numbered about 30 in 1300 cases of recognized apparitions; or about 1 in 43, whereas if chance alone operated the coincidences would have been in the proportion of 1 to 19,000. As a result of the inquiry the committee held it to be proved that “between deaths and apparitions of the dying person a connexion exists which is not due to chance alone.” From an evidential point of view the apparition is the most valuable class of death-warning, inasmuch as recognition is more difficult in the case of an auditory hallucination, even where it takes the form of spoken words; moreover, auditory hallucinations coinciding with deaths may be mere knocks, ringing of bells, &c.; tactile hallucinations are still more difficult of recognition; and the hallucinations of smell which are sometimes found as death-warnings rarely have anything to associate them specially with the dead person. Occasionally the death-warning is in the form of an apparition of some other person; it may also take the form of a temporary feeling of intense depression or other massive sensation.
