| 词汇 | Delivery2 |
| 释义 | `1`Delivery2 `2` "Legal Lexicon": A delivery may be made in a very slight manner; as where one buys goods which are in a room, the receipt of the key is sufficient. The vendor of bulky articles is not bound to deliver them, unless he stipulated to do so; he must give notice to the buyer that he is ready to deliver them. A sale of bricks in a brick-yard, accompanied with a lease of the yard until the bricks should be sold and removed, was held to be valid against the creditors of the vendor, without an actual removal. Where goods were contracted to be sold upon condition that the vendee should give security for the price, and they are delivered without security being given, but with the declaration on the part of the vendor that the transaction should not be deemed a sale until the security should be furnished; it was held that the goods remained the property of the vendor, notwithstanding the delivery. But it seems that in such cases the goods would be liable for the debts of the vendee's creditors, originating after the delivery; and that the vendee may, for a bona fide consideration, sell the goods while in his possession. Where goods are sold to be paid for on delivery, if on delivery, the vendee refuses to pay for them, the property is not divested from the vendor. If the vendor rely on the promises of the vendee to perform the conditions of the sale and deliver the goods accordingly, the right of property is changed; but where performance and delivery are understood to be simultaneous, possession obtained by artifice, will not vest a title in the vendee. Where, on the sale of a chattel, the purchase money is paid, the property is vested in the vendee, and if he permit it to remain in the custody of the vendor he cannot call upon the latter for any subsequent loss or deterioration not arising from negligence. Med. Jur. Child-birth. The act of a woman giving birth to her off-spring. It is frequently of great importance to ascertain whether or not a delivery has taken place, and the time when it took place. Delivery may be considered with regard, 1. To pretended delivery. 2. To concealed delivery. In pretended delivery, the female declares herself to be a mother, without being so in reality; an act always prompted by folly or fraud. Pretended delivery may present itself in three points of view: 1. When the female who feigns has never been pregnant. When thoroughly investigated, this may always be detected. There are signs which must be present, and cannot be feigned. An enlargement of the orifice of the uterus, and a tumefaction of the organs of generation, should always be present, and if absent, are conclusive against the fact. 2. When the pretended pregnancy and delivery have been preceded by one or more deliveries. In this case, attention should be given to the following circumstances: the mystery, if any, which has been affected with regard to the situation of the female; her age; that of her hushand and particularly whether aged or decrepid. 3. When the woman has been actually delivered, and substitutes a living for a dead child. But little evidence can be obtained on this subject from a physical examination. Go to Delivery3 |
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