Lord Ellenborough's Act
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43 Geo 3 c 58, commonly called Lord Ellenborough's Act and sometimes referred to as the Malicious Shooting Act 1803 or the Malicious Shooting or Stabbing Act 1803,Smith and Hogan. Criminal Law. Eighth Edition. Butterworths. 1996. Page xxii
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is an Act of the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
of the
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. The
Bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
was proposed by the
Lord Chief Justice of England and Wales Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
,
Edward Law, 1st Baron Ellenborough Edward Law, 1st Baron Ellenborough, (16 November 1750 – 13 December 1818), was an English judge. After serving as a member of parliament and Attorney General, he became Lord Chief Justice. Early life Law was born at Great Salkeld, in Cum ...
. Lord Ellenborough wished to clarify the law relating to
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
, which, at the time, was not clearly defined in the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
. The bill was introduced in the
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
in March 1803 as the Malicious Shootings Bill and also included provisions for clarifying certain other offences. After various amendments it was passed to the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
on 18 May. The Act provided that it was an offence for any person to perform or cause an abortion. The punishment for performing or attempting to perform a post
quickening In pregnancy terms, quickening is the moment in pregnancy when the pregnant woman starts to feel the fetus' movement in the uterus. Medical facts The first natural sensation of quickening may feel like a light tapping or fluttering. These sensat ...
abortion was the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
(section 1) and otherwise was
transportation Transport (in British English), or transportation (in American English), is the intentional movement of humans, animals, and goods from one location to another. Modes of transport include air, land (rail and road), water, cable, pipeline, ...
for fourteen years (section 2). Similar provision was made for Scotland by the 6 Geo 4 c 126 (An Act to make provision in Scotland for the further prevention of malicious shooting and attempting to discharge loaded firearms, stabbing, cutting, wounding, poisoning, maiming, disfiguring, and disabling His Majesty's subjects).


See also

* Offences against the Person Act 1861 *
Abortion Act 1967 The Abortion Act 1967 is an Act of the Parliament of the United Kingdom legalising abortions on certain grounds by registered practitioners, and regulating the tax-paid provision of such medical practices through the National Health Service (NHS ...
*
Human Fertilisation and Embryology Act 1990 The Human Fertilisation and Embryology Act 1990 is an Act of the Parliament of the United Kingdom. It created the Human Fertilisation and Embryology Authority which is in charge of human embryo research, along with monitoring and licensing fertili ...


References

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External links

Text of
Lord Ellenborough's Act 43 Geo 3 c 58, commonly called Lord Ellenborough's Act and sometimes referred to as the Malicious Shooting Act 1803 or the Malicious Shooting or Stabbing Act 1803,Smith and Hogan. Criminal Law. Eighth Edition. Butterworths. 1996. Page xxiiGoogle ...
in Wikisource. {{UK legislation United Kingdom Acts of Parliament 1803 United Kingdom abortion law Repealed United Kingdom Acts of Parliament