miscarriage

failings in the postal obligation to deliver mail in a timely manner to the right address, it would be odd if 'negligent transmission' swept far more broadly." "Ante, "at 487.

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 possibly 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." Chit. Med. Jur. 410; 2 Dungl. Hum. Phys. 364. See "Abortion." In Practice. A term used in the statute of frai^ds to denote that species of wrongful act for the consequences of which the wrongdoer would be responsible at law in a civil action. 2 Bam. & Aid. 613; 2 Day (Conn.) 457; 63 N. C. 198; Browne, St. Frauds, § 155.

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.

In medical jurisprudence. The expulsion of the ,ovum or embyro 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 possibly 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 fœtus at any time before birth is termed, in law, "procuring miscarriage." Chit. Med. Jur. 410. See Smith v. State, 33 Me. 59, 54 Am. Dec. 607; State v. Howard, 32 Vt. 402; Mills v. Com., 13 Pa. 632; State v. Crook, 16 Utah, 212, 51 Pac. 1091.

In practice. As used in the statute of frauds, ("debt, default, or miscarriage of another,") this term means any species of unlawful conduct or wrongful act for which the doer could be held liable in a civil action. Gansey v. Orr, 173 Mo. 532, 73 S. W. 477

In medical jurisprudence. The expulsion of the ovize or embryo from the wteruws within the first six weeks after conception. Between that time, and before the expiration of the sixth month, when the child may possibly live, itis termed “abortion.” When the delivery takes place soon after the sixth month, it is denominated “premature labor.” But the criminal act of destroying the fetus at any time before birth is termed, in law, “procuring miscarriage.” Chit. Med. Jur. 410.

In practice. As used in the statute of frauds, (“debt, default, or miscarriage of another,”) this term means any species of unlawful conduct or wrongful act for which the doer could be held liable in a civil action.

1. Erroneous domg; faulty behavior; a wrongful act incurring liability in damages.' See Frauds, Statute of. ' See E. S. § 3495; 1 Story, Laws, 227. = L. minttto(smp<ura), small hand or writing: copies for parties were in larger hand,— 8 Tou Uier, a. 413. 8 Pruden v. Alden, 23 Pick. 187 (1839), Shaw, C. J. 'Scott V. Morgan, 94 N. Y. 614 (1884); Johnson v. Commonwealth, 80 Ky. 377 (1882); 34 La. An. 369. ' See Angell & Am. Corp. 391 a; Green's Brice's Ultra Vires, 622; 12 Wheat. 75; 96 U. S. 271; 111 Mass. 315; 32 Vt. 633. • A. S. missian, to fail to hit, reach, attam, find. F. mes-; L. mimts, less, bad. 2. Destroying a foetus before birth is termed "procuring a miscarriage."' See Abortion. 3. A "miscarriage of justice" imports a failure or defect in the administration of justice. MISCEGENATIOIf.2 The intermarriage of persons of different races. See Marriage, Mixed.

1.

In its general sense, of erroneous doing or behavior, this word occurs in the original English statute of frauds, 29 Car. II. ch. 3, § 4, which enacts that no action 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, &c., shall be in writing. Some other instances of its use, in this general sense, are found. 2. When used with reference to pregnancy, it signifies, in the strict medical after conception. In law-books, it often occui-s as an equivalent of abortion, q. v. Miscarriage, as used in an indictment for procuring a miscarriage, does not necessarily include the idea of destroying the life of the foetus before delivery, nor exclude a case where the functions of life are exercised, briefly, after birth. Smith V. State, 33 Me. 48, 60.