Via Trita

VIA TUTA. The old way is the safe way. 5 Pet. (U. S.) 223. VIABILITY (from the French vie). Capability of living. A term used to denote the power a new-born child possesses of continuing its independent existence. That a child may be viable, it is necessary that not only the organs should be in a normal state, but likewise all the physiological arid pathological causes which are capable of opposing the establishment or prolongation of its life be absent. Although a child may be born with every appearance of health, yet, from some malformation, it may not possess the physical power to maintain life, but which must cease from necessity. Under these circum' necessary to prove that a continned existence is impossible. It is important to make a distinction between a viable and a nonviable child, although the latter may outlive the former. The viable child may die of some disease on the day of its birth, while a nonviable child may live a fortnight. The former possesses the organs essential to life, in their integrity; while the latter has some imperfection which prevents the complete establishment of life. As it is no evidence of nonviability that a child dies within a few hours of its birth, neither is it a proof of viability if a child appears to be well, and the function of respiration be fully established. There are many affections which a child may have at birth that are not necessarily mortal, such as transposition of some of the organs, and other malformations. There are also many diseases which, without being necessarily mortal, are an impediment to the establishment of independent life, affecting different parts of the system, such as inflammation, in addition to many malformations. There is a third class, in which are many affections that are necessarily mortal, such as a general softening of the mucous^^ membrane of the stomach and intestines' developed before birth, or the absence of the stomach, and a number of other malformations. These distinctions are of great importance; for children affected by peculiarities of the first order must be considered as viable; affections of the second may constitute extenuating circumstances in questions of infanticide; while those of the third admit of no discussion on the subject of their viability. The question of viability presents itself to the medical jurist, under two aspects, — first, with respect to infanticide, and, second, with respect to testamentary grants and inheritances. Billard, Infants (Translation by James Stewart, M. D.) Appendix; Briand, Med. Leg. lere Partie, c. 6, art. 2. See 2 Savignay, Dr. Rom. Append. III., for a learned discussion of this subject. VIABLE (Lat. vitae ha Mlis, capable of living). A term applied to a child who is born alive in such an advanced state of formation as to be capable of living. Unless he is born viable, he acquires no rights, and cannot transmit them to his heirs, and is considered as if he had never been born. VIAE SERVITUS (Lat.) A right of way over another's land.