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词汇 Pregnancy4
释义 `1`Pregnancy4 `2`
"Legal Lexicon":

An act of assembly of Pennsylvania, of 1781, made the concealment of the death of a bastard child conclusive evidence to convict the mother of murder; which was repealed by the act of of 1790, which declared that the constrained presumption that the child whose death is concealed, was therefore murdered by the mother, shall not be sufficient to convict the party indicted, without probable presumptive proof is given that the child was born alive. The law was further modified by the act of of 1794, which declares that the concealment of the death of any such child shall not be conclusive evidence to convict the party indicted of the murder of her child, unless the circumstances attending it be such as shall satisfy the mind of the jury, that she did wilfully and maliciously troy take away the life of such a child. The last mentioned act punishes the concealment of the death of a bastard child by fine and imprisonment.
As to the duration of pregnancy. Lord Coke lays down the peremptory rule that forty weeks is the longest time allowed by law for gestation. There does not, however, appear to be any time fixed by the law as to the duration of pregnancy.
The civil code of Louisiana provides that the child capable of living, which is born before the one hundred and eightieth day after the marriage, is not presumed to be the child of the hushand; every child born alive more than six months after conception, is presumed to be capable of living. The same rule applies with respect to the child born three hundred days after the dissolution of the marriage, or after sentence of separation and board.
The Code Civil of France contains the following provision. The child conceived during the marriage, has the hushand for its father. Nevertheless the hushand may disavow the child, if he can prove that during the time that has elapsed between the three hundredth and the one hundred and eightieth before its birth he was prevented either by absence, or in consequence of some accident, or on account of some physical impossibility, from cohabiting with his wife. A child born before the one hundred and eightieth day after the marriage cannot be disavowed by the hushand in the following cases: - l. When he had knowledge of the pregnancy before the marriage; 2. When he has assisted in writing the act of birth, [a certificate stating the birth and sex of the child, the time when born, etc. required by law to be filed with a proper officer and recorded,] and when that act has been signed by him, or when it contains his declaration that he cannot sign; When the child is not declared capable of living. And the legitimacy of a child born three hundred days after the dissolution of the marriage may be contested.
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