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Murder Act 1751

From Wikipedia, the free encyclopedia
Act of Parliament of Great Britain

United Kingdom legislation
Murder Act 1751[a]
Act of Parliament
Long titleAn Act for better preventing the horrid Crime of Murder.
Citation25 Geo. 2. c. 37
Territorial extent Great Britain
Dates
Royal assent26 March 1752
Commencement26 March 1752[b]
Repealed18 July 1973
Other legislation
Amended by
Repealed byStatute Law (Repeals) Act 1973
Status: Repealed
Text of statute as originally enacted

TheMurder Act 1751 (25 Geo. 2. c. 37), sometimes referred to as theMurder Act 1752,[1] was anact of theParliament of Great Britain.

Provisions

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The act included the provision "for better preventing the horrid crime of murder"[2] "that some further terror and peculiar mark of infamy be added to the punishment",[3][4] and that "in no case whatsoever shall the body of any murderer be suffered to be buried",[2] by mandating either public dissection or "hanging in chains" of thecadaver.[5] 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.[6]

Section 9 of the act 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 offelony, and was to suffer death withoutbenefit of clergy.

Legacy

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On 1 July 1828, the whole act was repealed forEngland and Wales, by section 1 of theOffences Against the Person Act 1828 (9 Geo. 4.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.

The punishment of thedeath penalty under section 9 of the act was reduced totransportation for life by thePunishment of Offences Act 1837 (7 Will. 4 & 1 Vict. c. 91).

Sections 1 and 11 of the act were repealed by section 1 of, and the schedule to, theStatute Law Revision Act 1871 (34 & 35 Vict. c. 116).

The whole act was repealed by section 1.1(1) of, and part five of the first schedule to, theStatute Law (Repeals) Act 1973.

See also

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Notes

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  1. ^Thisshort title was conferred by section 1 of, and the first schedule to, theShort Titles Act 1896 (59 & 60 Vict. c. 14). Some sources refer to the act as the Murder Act 1752, this being the year in which it was passed.
  2. ^TheActs of Parliament (Commencement) Act 1793.

References

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  1. ^Leon Radzinowicz.A History of English Criminal Law and Its Administration from 1750. Macmillan Company. 1948. Volume 1. Page 801.
  2. ^abJohnson 2006, Introductory Anatomy.
  3. ^Harrison 1983, p. 6.
  4. ^Banner 2003, p. 77.
  5. ^Woods 2002, p. 122.
  6. ^Fielding 2008, p. 5
  • Banner, Stuart (2003),Death Penalty: An American History, Harvard University Press, p. 77
  • Fielding, Steve (2008),The Executioner's Bible: The Story of Every British Hangman of the Twentieth Century, John Blake Publishing,ISBN 978-1-84454-648-0
  • Harrison, Ross (1983),Bentham, Routledge, p. 6,ISBN 978-0-7100-9526-8
  • Johnson, D.R. (3 January 2006),Introductory Anatomy, Centre for Human Biology, (now renamed Faculty of Biological Sciences),Leeds University), archived fromthe original on 4 November 2008, retrieved17 November 2008
  • Law Commission (January 2005),Criminal Law, Repeal Proposals(PDF), p. 52, archived fromthe original(PDF) on 7 October 2006
  • Woods, Gregory D. (2002),A History of Criminal Law in New South Wales: The Colonial Period, 1788-1900, Federation Press, p. 122,ISBN 978-1-86287-439-8

Further reading

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Wikisource has original text related to this article:
  • Marks, Alfred (1908).Tyburn tree : its history and annals, London : Brown, Langhampp. 247–48
Pre-parliamentary legislation
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