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Gestation - Law Dictionary Search Results

Home Dictionary Name: gestation

Gestation

Gestation. There is no extreme period of gestation by English law. In Bosvile v. Attorney-General, (1887) 12 PD at p. 178, medical witnesses put the normal time at from 270 to 275 days, adding that a longer period, though not unknown or even uncommon, is exceptional. See also Gaskill v. Gaskill, 1921, P. 425, where it was held that in the present state of medical knowledge 331 days was not an impossible period of gestation...


Utero-gestation

Utero-gestation, pregnancy....


rule against perpetuities

rule against perpetuities often cap R&P : a common-law rule stating that in order for a future interest to be good it must vest after its creation (as at the death of a testator) within a life in being or lives in being plus 21 years plus the period of gestation of any beneficiary conceived but not yet born compare life in being, statutory rule against perpetuities, wait and see ...


full term

Gestated for the entire duration of normal pregnancy as a healthy full term baby of new born infants Opposite of premature...


midterm

the middle of the gestation period...


Abortion

Abortion, a miscarriage, or the premature expulsion of the contents of the womb before the term of gestation is completed.By the (English) Offences against the Person Act, 1861 (24 & 25 Vict. C. 100), s. 58, the unlawful administration of drugs or unlawful use of instruments, by a pregnant woman to herself, or (whether she be with child or not) by any person to her, with intent to procure miscarriage, is made felony, punishable by penal servitude or imprisonment, in the discretion of the Court. A person charged under this s. may be convicted under the (English) Infant Life (Preservation) Act, 1929 (19 & 20 Geo 5, c. 34). By s. 59 of the Act of 1861, the unlawful procuring of drug or instrument with the intent that it may be used to procure miscarriage is a misdemeanour whether the woman be with child or not. Earlier Acts (see, e.g., 43 Geo. 3, c. 59) made the offence a capital felony, but applied only in case of the woman being quick with child. A woman can be convicted of conspiracy t...


Annus luctus

Annus luctus, the year of mourning, during which the widow, by the ordinances of the Civil Law, could not marry, to prevent the inconvenience of a widow bearing a child which, by the period of gestation, might be the child either of her deceased or her present husband, Cod. 5, 9, 2....


Contingent remainder

Contingent remainder, a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate, Fearne, Cont. Remainders.The legal estate in contingent remainders has been abolished by the Law of Property Act, 1925, s. 1. S. 4, whoever, provides that they can take effect as equitable interests, and any instrument creating a contingent remainder has become a settlement under s. 1 (ii) of the (English) S.L. Act, 1925. See SETTLED LAND.In Smith d. Dormer v. Parkhurst, (1740) 18 Vin. Abr. 413; 6 Bro. Cas. Par. 351, the Court held that, in every case where an estate is given to A. for life, the grantor has an interest remaining in him to enter upon the estate, if it should determine by any act of the tenant amounting to a forfeiture; that this right is inherent in the grantor, from the nature of the estate itself, and may be conveyed to trustees; and that, when it is conv...


Non-access

Non-access. When a husband could not, in the course of nature, by reason of his absence, have been the father of his wife's child, the child is a bastard.Access is presumed during wedlock; but this presumption may be countered by proof of circumstances showing that sexual intercourse did not take place within such a time that the husband could be the father. As to what is such a time, see GESTATION. As to the admissibility of evidence by husband or wife of non-access, see ACCESS....


Perpetuity

Perpetuity, concerns rights of property only, and does not affect the making of contracts, which do not create rights of property, Ram Baran Prasad v. Ram Mohit Hazara, AIR 1967 SC 744: (1967) 1 SCR 293.Is a future limitation, whether executory or by way of remainders, and of either real or personal property which is not to vest until after the expiration of, or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and interests, Walsh v. Secretary of State for India, (1863) 10 HLC 367.Perpetuity, unlimited duration; exemption from intermission or ceasing, where, though all who have interest should join in a covenant, so that they could not bar or pass the estate. It is odious in law, destructive to the common wealth, and an impediment to commerce, by preventing the wholesome circulation of property.The rule against perpetuities, or the doctrine of remoteness, applies to the corpus of property whether real or personal, and whether li...


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