To Be Born - Law Dictionary Search Results
Home Dictionary Name: to be born Page: 4En ventre sa mere
En ventre sa mere. [Fr. In its mother's womb.] A child in the womb of the mother is for most purposes regarded in English law as being already born. But there are certain important exceptions. For example, if a child is killed whilst it is within the womb, it cannot be the subject of a murder or manslaughter charge, but otherwise if it receives injuries whilst in the womb which occasion its death after birth, R. v. Senior, (1832) 1 Moo CC 346. In civil matters also the fiction of birth is only to be applied if the maintenance of the fiction is for the child's benefit and not its detriment, Villar v. Gilbey, 1907 AC 139, but it has lately been held by the House of Lords that the doctrine does not apply where a benefit is not destined directly to the child and is only for his indirect benefit, if any: Elliot v. Joicey (Lord), 1935 AC 209, and see LQR, January, 136, for a note on the case. Subject to the narrowing of the doctrine by Elliot v. Joicey, ubi. Sup., a liberal interpretation wi...
Embryo transfer
Embryo transfer, in this process the ovum is taken from a woman, fertilised in a laboratory with male sperm, and implanted in the womb of a woman to develop in the normal way. A child was born by the use of this process for the first time in 1979; and twins have been born to a 62-year-old woman as a result of this process. As yet cryopreserved semen has not, it is thought, been used for in vitro fertilisation but, there is no medical reason why it should not be so used. It is to be noted that the fertilised embryo need not be implanted in the womb of the woman from whom it was originally taken; the womb of a host mother may be used, this process is called embryo transfer [The Lancet (1979), Vol. 2, 642: (1979) 169 NLJ 627]. See also Halsbury's Laws of England 35, para 1026, p. 1025....
Finance Acts
Finance Acts. In and after 1894 the Annual Taxing Acts, which had for a long time borne the short titles of 'Customs and Inland Revenue Acts,' have borne the short titles of 'Finance Acts.' The Finance Act incorporates the Budget which is the Chancellor of the Exchequer's annual statement or report of the financial results of the past year, estimated expenditure and income of the coming year and proposals in regard to taxation. These proposals are passed into law by the Finance Act but are enforced as soon as a resolution of the Committee of Ways and Means agrees to them in order to prevent forestalling and anticipation in commodities. See Halsb. L.E., title 'Parliament (Ways and Means).'...
Citizenship
Citizenship, citizenship is intimately connected with civic rights under municipal law. Hence, all citizens are nationals of a particular State, but all nationals may not be citizens of the State. In other words, citizens are those persons who have full political rights as distinguished from nationals, who may not enjoy full political rights and are still domiciled in that country, State Trading Corporation of India Ltd. v. Commercial Tax Officer, (1964) 4 SCR 89: AIR 1963 SC 1811 (1819).A person who, by either birth or naturalisation, is a member of a political community, owing allegiance to the community and being entitled to enjoy all its civil rights and protections; a member of a civil state, entitled to all its privileges, Black's Law Dictionary, 7th Edn.In India there is single citizenship. A person is a citizen of India, if (1) he has his domicile in the territory of India, and (a) he was born in the territory of India, or (b) either of whose parents was born in the territory o...
Adoption
Adoption, an act by which a person adopts as his own the child of another. Until recently there was no law of adoption in this country though it exists in other countries, as France and Germany, where the civil law (as to which, see Sand. Just.) prevails to any great extent. In 1889 and 1890, Lord Meath introduced Bills in the House of Lords to legalize adoption.By the (English) Adoption of Children Act, 1926 (16 & 17 Geo. 5, c. 29), after the 31st December, 1925, the Court (usually in the Chancery Division) may authorize the adoption of an infant who is under twenty-one years of age, a British subject, and resident in England and Wales, by an applicant who is more than twenty-five years of age, and also twenty-one years older than the infant, unless closely related, and a British subject, resident and domiciled in England or Wales, but a single adopter, only, will be authorized unless two spouses jointly apply. A male may not adopt a female infant unless the court finds special reason...
Abstract of title
Abstract of title. A concise statement, usually prepared for a mortgagee or purchaser of real property, summarising the history of a piece of land including all conveyances interests, lines & encumbrances that reflect title to property, Black's Law Dictionary, 7th Edn., an epitome of the evidence of title to property or power to deal with it.Every purchaser of land or real estate has an implied right to have an abstract of title delivered to him within a reasonable time, Compton v. Bagley, (1892) 1 Ch 313. As to registered land, see the Land Registration Act, 1925, s. 110, and Brickdale and Stewart-Wallace on the Land Registration Act, 1925.An abstract is said to be perfect if it deduces the title from the date fixed by the contract or by statute for its commencement and discloses every incumbrance affecting it, by setting out the material parts of all deeds, wills and other documents, and stating the facts on which it depends: fc. 1 Pres. 42, 207. The statutory period is thirty years,...
Porphyrogenitism
The principle of succession in royal families especially among the Eastern Roman emperors by which a younger son if born after the accession of his father to the throne was preferred to an elder son who was not so born...
Infanticide
The murder of an infant born alive the murder or killing of a newly born or young child child murder...
Freeborn
Born free not born in vassalage inheriting freedom...
Earthborn
Born of the earth terrigenous springing originally from the earth human having the characteristics of earthly life as earth born beings...
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