ACTION OF THE FEMALE. 983 



on the other hand, there are numerous cases, on record, which, if testimony is 

 to be believed at all (and in many of these, the character and circumstances of 

 the parties place them above suspicion), furnish ample evidence that Gestation 

 may be prolonged for at least three weeks beyond the regular term. 1 The 

 English law fixes no precise limit ; and the decisions which have been given in 

 our courts, when questions of this kind have been raised, have been mostly 

 formed upon the collateral circumstances. The law of France provides that the 

 legitimacy of a child born within 300 days after the death or departure of the 

 husband shall not be questioned ; and a child born after more than 300 days is 

 not declared a bastard, but its legitimacy may be contested. By the Scotch 

 law, a child is not declared a bastard unless born after the tenth month from 

 the death or departure of the husband. Very important evidence on this sub- 

 ject is afforded by observations on the lower animals, which are free from those 

 sources of fallacy which attend human testimony. The observations of Tessier, 

 which were continued during a period of forty years, with every precaution 

 against inaccuracy, have furnished a body of results which seems quite decisive. 

 In the Cow, the ordinary period of gestation is about the same as in the Human 

 female ; but out of 577 individuals, no less than 20 calved beyond the 298th 

 day, and of these, some went on to the 321st, making an excess of nearly six 

 weeks. Of 447 Mares, whose natural period of gestation is about 335 days, 

 42 foaled between the 359th and the 419th days, the greatest protraction being 

 thus 84 days, or just one-fourth of the usual term. Of 912 Sheep, whose 

 natural period is about 151 days, 96 yeaned beyond the 153d day; and of these 

 7 went on until the 157th day, making an excess of 6 days. Of 161 Rabbits, 

 whose natural period is about thirty days, no fewer than 25 littered between the 

 3iJd and 35th ; the greatest protraction was here one-sixth of the whole period, 

 and the proportion in which there was a manifest prolongation was also nearly 

 one-sixth of the total number of individuals. In the incubation of the common 

 Hen, Tessier found that there was not unfrequently a prolongation to the 

 amount of three days, or one-seventh of the whole period. In regard to Cows, 

 the observations of Tessier have been confirmed by those of Earl Spencer, who 

 has published 3 a table of the period of gestation as observed in 764 individuals; 

 he considers the average period to be 284 or 285 days ; but no fewer than 310 

 calved after the 285th day; and of these, 3 went on to the 306th day, and 1 to 

 the 313th. It is curious that among the calves born between the 290th and 

 300th days, there was a decided preponderance of males these being 74 to 32 

 females ; whilst all of those born after the 300th day were females. The addi- 

 tional series of observations subsequently made by Earl Spencer, in regard to the 

 constant protraction of the period in 75 cows in calf by a particular bull, has 

 been already noticed ( 987). Another series of observations has been published 

 by Mr. C. N. Bement, of Albany, U. S., 3 who has recorded the period of gesta- 

 tion of 62 cows. The longest period was 336 days ; the shortest, 213 days. 

 The average period for male calves was 288 days; and for females, 282 days. 

 On the whole, it may be considered, that in regard to the Human female, the 

 French law is a very reasonable one ; and there is quite sufficient analogical 

 evidence to support the assertions of females of good character, having no 

 motive to deceive, which lead to the conclusion that a protraction of at least 

 four weeks is quite possible, and that a protraction to the extent of six weeks is 

 scarcely to be denied. 4 



1 A good collection of such cases will be found in Dr. Montgomery's excellent work on 

 the " Signs of Pregnancy," and in Dr. A. Taylor's "Medical Jurisprudence." 



2 "Journal of the English Agricultural Society," 1839. 



3 "American Journal of the Medical Sciences," October, 1845. 



4 See especially two cases, 183 and 184, detailed by Dr. Murphy in his "Report of the 

 Obstetric Practice of University College Hospital" for 1844 ; and another case since pub- 

 lished by him in the " Medical Gazette" for 1849, vol. xlviii. p. 683. 



