med. juris. An incision made through the parietes
of the abdomen and uterus to extract the foetus. It is said that Julius
Caesar was born in this manner. When the child is cut out after the death
of the mother, his coming into being in this way confers on other persons
none of the rights to which they would have been entitled if he had been
born, in the usual course of nature, during her life. For example, his father
would not be tenant by the curtesy; for to create that title, it ought to
begin by the birth of issue arive, and be consummated by the death of the
wife. 8 Co. Rep. 35; 2 Bl. Com. 128 Co. Litt. 29 b.; 1 Beck"s Med. Jur.
264 Coop. Med. Jur. 7; 1 Fodere, Med. Leg. 334. The rule of the civil law
on this subject will be found in Dig. lib. 50, t. 16, 1. 132 et 141; lib.
5, t. 2, 1. 6; lib. 28, t. 2, 1. 12.
Source: Bouviers Law Dictionary 1856 Edition
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