Murder Act 1752
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The Murder Act 1751 (25 Geo 2 c 37), sometimes referred to as the Murder Act 1752,Leon Radzinowicz
A History of English Criminal Law and Its Administration from 1750
Macmillan Company. 1948. Volume 1. Page 801.
was an Act of the Parliament of Great Britain.


Provisions

The Act included the provision "for better preventing the horrid crime of murder" "that some further terror and peculiar mark of infamy be added to the punishment", and that "in no case whatsoever shall the body of any murderer be suffered to be buried", by mandating either public dissection or " hanging in chains" of the cadaver. The Act also stipulated that a person found guilty of murder should be executed two days after being sentenced unless the third day was a Sunday, in which case the execution would take place on the following Monday. On 1 July 1828, this Act was repealed, as to England, by section 1 of the
Offences Against the Person Act 1828 The Offences Against the Person Act 1828 (9 Geo. 4 c. 31) (also known as Lord Lansdowne's Act) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions in the law related to offences against t ...
(9 Geo 4 c 31), except so far as it related to rescues and attempts to rescue. The corresponding marginal note to that section says that effect of this was to repeal the whole Act, except for sections 9 and 10.


Section 1

This section was repealed by section 1 of, and the Schedule to, the Statute Law Revision Act 1871.


Section 9

This section provided that any person who, by force, set at liberty or rescued, or who attempted to set at liberty or rescue, any person out of prison who was committed for, or convicted of, murder, or who rescued or attempted to rescue, any person convicted of murder, going to execution or during execution, was guilty of
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
, and was to suffer death without
benefit of clergy In English law, the benefit of clergy (Law Latin: ''privilegium clericale'') was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ec ...
. This death penalty was reduced to
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 life by the
Punishment of Offences Act The Punishment of Offences Act 1837 (7 Will 4 & 1 Vict c 91) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It abolished the death penalty for a number of statutory offences and replaced it with transportation f ...
(1837).


Section 11

This section was repealed by section 1 of, and the Schedule to, the Statute Law Revision Act 1871.


See also

*
Murder in English law Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to cause either death or serious injury unlawfully. The element of intentiona ...


Notes


References

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Further reading

*Marks, Alfred (1908). ''Tyburn tree : its history and annals'', London : Brown, Langha
pp. 247–48
{{UK legislation Murder in the United Kingdom Great Britain Acts of Parliament 1751