The supply of property in the Sale of Property Act is defined as a voluntary transfer of ownership from one person to another. Therefore, in order to make a valid delivery, the goods must be transferred from one person to another voluntarily and not by fraud, theft or violence, etc. Mere possession of goods does not constitute delivery of goods. DELIVERY, TRANSFER. the transfer of an instrument from the grantor to the beneficiary in such a way as to deprive the beneficiary of the right to recall it; Dev. Eq. A. 14 or delivery can be made and accepted by a lawyer. This is essential for the validity of a document; 9 Shepl. 569 2 Harring. 197; 16 vermin 563; except in the case of a company`s document, which must, however, be executed under its common seal. The Prin of Watkin.
Con. 300. But although generally the delivery of a certificate is essential for its perfection, it is never avoided in the application. 1 Wms. Saund. Rep. 291, see Arch. Digging. von Civ. Pl. 138. 2.
With regard to the form, delivery may be made by words without actions; Because if the deed is on a table and the grantor says to the beneficiary, “Take this as my deed,” it will be sufficient delivery; Or it can be by deeds without words, and therefore a stupid man can deliver an act. Co. Litt. 36a, note; 6 Sim. 31st Republic; Gresl. Gl. Ev. 120; Wood. B. 2, c. 3; 6 Miss R.
326; 5 Shepl. 391; 11 vermin 621; 6 Watt & S. 329; 23. Wend. 43; 3 hills, 513; 2 Barr, 191, 193 2 Ev. Poth. 165-6. 3.
A supply may be absolute if it is provided to the grantor itself; or it may be conditional, i.e. to keep a third party until a condition has been met by the fellow, and then it is an escrow account. (n.a.) See 2 Com. 306 4 Kent. Room. 446 2 Bouv. Inst. n. 2018, et seq.; Cruise, Dig. Tit. 32, c.
2, p. 87; 5 serg. & Rawle, 523; 8 watts, R. 1; and consent to the article; Action. 4. The phrase “I deliver this as my act and deed”, which means that the actual delivery of the document by the grantor into the hands or for the use of the beneficiary is inappropriate, not to say absurd, when applied to documents which, by their nature, cannot be handed over to any person; as documents of revocation, appointment and remission, under a power in which unborn children and others are used, if these instruments, although sealed, can be duly designated as documents, that is, writings that have been sealed and delivered. Ritson`s Practical Points, page 146 1. Proof of pregnancy that results from the mother`s examination. If she was pregnant and gave birth, the usual signs of childbirth mentioned below will be present.
Careful examination of the woman`s appearance before and after childbirth will have some weight, although such evidence cannot always be relied upon, since such phenomena are often misleading. Two elements of a valid donation are delivery and the intention to donate. Delivery is not limited to the actual physical transfer of an item – in some cases, delivery can be symbolic. This is the case when one person gives land to another person. The land cannot be delivered physically, but the delivery of the deed constitutes the transfer if it implies the necessary intention to pass on the land to another. BIRTH, Birth, med. Jur. The act of a woman who gives birth to her offspring. 2. It is often of great importance to determine whether and when a delivery took place. Delivery can be made in relation to 1.
For a false delivery. 2. For secret delivery and, 3. At the usual delivery traces. 3.-1. In a false birth, the woman declares herself a mother without actually being a mother; An action that is always triggered by madness or deception. 4. False childbirth can occur from three points of view: 1. If the woman claiming to have never been pregnant. With a thorough examination, this can always be detected. There are signs that must be present and cannot be falsified. An enlargement of the opening of the uterus and tumfaction of the organs of production should always be present, and if they are not present, they are conclusive against the fact.
Annales d`Hygiène, Volume II, p. 227. 2. If the false pregnancy and childbirth were preceded by one or more deliveries. In this case, attention should be paid to the following circumstances: secrecy, if any, which has been influenced in relation to the situation of the woman; their age; that of her husband and, above all, if she is old or decrepit. 3. If the woman is actually born and replaces a dead child. From a physical examination, however, little evidence can be obtained on this subject. 5.-2. A secret delivery usually takes place when the woman has destroyed her offspring or is stillborn.
In suspected cases, the following circumstances must be taken into account: 1. Proof of pregnancy resulting from the mother`s examination. If she was pregnant and gave birth, the usual signs of childbirth mentioned below will be present. Careful examination of the woman`s appearance before and after childbirth will have some weight, although such evidence cannot always be relied upon, since such phenomena are often misleading. 2. Proof of the last delivery. 3. The link between the alleged state of birth and the condition of the child that is found; Because if the age of the child does not correspond to this time, it will be a strong circumstance in favor of the innocence of the mother.
Redness of the tibia and attachment of the umbilical cord to the navel indicate a recent birth. Whether the child lived at birth is part of the issue of infanticide. (n.a.) 6.-3. The usual signs of childbirth are very well gathered in Beck`s excellent treatise on medical jurisprudence and are extracted here: if the female is examined within three or four days after the beginning of childbirth, the following circumstances are usually observed: more or less weakness, a slight pallor of the face, the eye a little sunken, and surrounded by a purple or dark brown ring and a white of the skin, like a person recovering from an illness. The abdomen is soft, the skin of the abdomen is flaccid, is found in wrinkles and is crossed in different directions by bright reddish and whitish lines, which extend especially from the groin and pubic bone to the navy. These lines have sometimes been called albicantes linecae and are particularly observed near the umbilical region, where the abdomen has experienced the greatest stretching. Breasts become dumb and hard, releasing a liquid under pressure, which is first serous, then gradually becomes whiter; And the presence of this secretion is usually accompanied by a full pulse and soft skin, covered with moisture of a peculiar and somewhat acidic smell. The areolas around the nipples are dark in color.
The external genitalia and vagina are dilated and swollen by the pressure of the fetus throughout their extent. The uterus can be felt through abdominal pills, bulky, firm and spherical, and almost as high as the navel. Its opening is soft and moldy and widened to accommodate two or more fingers. The Fork; or the anterior edge of the perineum, is sometimes torn, or it is lax, and appears to have undergone considerable stretching. A discharge (called lochial) begins from the uterus, which differs from menstruation in its particular and known pale color, smell and duration. Lochia initially have a red color and gradually become lighter until they stop. 7. These signs can usually be used as an indication of the state of pregnancy, but require a lot of experience so as not to be deceived by appearances. 8.-1. Perforated discharge could be confused with menstruation or fluoridated albus if there was no particular smell; And this was not found by any trick impossible to destroy.
9.-2. Relaxation of the soft parts occurs as often through menstruation as through childbirth; But in these cases, the uterus bone and vagina are not so swollen, nor this sensitivity and swelling. The parts are pale and flaccid when all signs of bruising disappear after childbirth; And this circumstance does not follow menstruation. .