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Miscarriage

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

In Medical Jurisprudence. The expulsion of the ovum or embryo from the uterus within the first six weeks after conception. Between that time, and before the expiration of the sixth month, when the child may pos.sibly live, it is termed abortion. When the delivery takes place soon after the sixth month, it is denominated premature labor. But the criminal act of destroying the foetus at any time before birth is termed, in law, procuring miscarriage.

Chltty, Med. Jur. 410; 2 Dungl. Hum. Phys. 364.

See Abortion; Foetus. In Practice. A term used in the Statute of Frauds to denote that species of wrongful act for the consequences of which the wrongdoer would be responsible at law in a civil action.

By the English Statute of Frauds, 29 Car.' II. c.

3, % 4, it is enacted that “noaction shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless' the agreement,” etc., “shall be in writing,” etc. 'The wrongful riding the horse of another, without his leave or license, and thereby causing bis death, is clearly an act for which the party is responsible in damages, and, therefore, falls within the meaning of the word miscarriage: 2 B. & Aid. 516; Burge, Sur. 21.