Home >> Institutes Of American Law >> Law Of Nature to Minnesota >> Lieutenant

Lieutenant

death, life and purposes

LIEUTENANT.. This word has now a narrower meaning than it formerly had : its true meaning is a deputy, a substitute, from the French lieu (place or post) and tenant (holder). Among civil officers we have lieu tenant-governors, who in certain cases per form the duties of governors (see the names of the several states), lieutenants of police, etc. Among military men, lieutenant-general was formerly the title of a commanding gene ral, but now it signifies the degree above major-general. Lieutenant-colonel is the offi cer between the colonel and the major. Lieu tenant, simply, signifies the officer next below a captain. In the navy, a lieutenant is the second officer next in command to the captain of•a ship.

LIFE. "The sum of the forces by which death is resisted." Bichat.

A state in which energy of function is ever resisting decay and dissOlution.

2. It commences, for many legal purposes, at the period of quickening, when the first motion of the foetus in utero is perceived by the mother. 1 Blackstone, Comm. 129 ; Coke,

3d Inst. 50. It ceases at death. See DEATH.

But physiology pronounces life as existing from the period of conception, because foetuses in utero do die prior to quickening, and then all the signs of death are found to be perfect. Dean, Med. Jur. 129, 130.

3. For many important purposes, however, the law concedes to physiology the fact that life commences at conception, in vcntre sa mere. See FIETUS. Thus, it may receive a legacy, have a guardian assigned to it, and an estate limited to its use. 1 Blackstone; Comm. 130. It is thus considered as alive for all beneficial purposes. 1 P.Will. 329.

But for the transfer of civil rights the child must be born alive. The ascertainment of this, as a fact, depends upon certain signs which are always attendant upon life: the most important of these is crying. As to conditions of live birth, see BIRTH ; INEANTI