H. C. Official Report, 10 May 1983, Col. 238–9:- ‘The sole question for resolution therefore is whether the prevention of implantation constitutes the procuring of a miscarriage within the meaning of Sections 58 or 59 of the Offences Against the Person Act 1861. The principles relating to interpretation of statutes require that the words of a statute be given the meaning they bore at the time the statute was passed. Further, since the words were used in a general statute, they are prima facie presumed to be used in their popular, ordinary or natural sense … It is clear that used in its ordinary sense, the word “miscarriage” is not apt to describe a failure to implant—whether spontaneous or not. Likewise, the phrase “procure a miscarriage” cannot be construed to include the prevention of implantation. Whatever the state of medical knowledge in the 19th century, the ordinary use of the word “miscarriage” related to interference at a stage of pre-natal development later than implantation.’ See alsoThe Lancet, 16 April 1983, pp. 855–6 which supports this view.
6.
‘Item, that no man of what estate or condition that he be, shall be put out of land or tenement, nor taken nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of the law.’
7.
See R. v. Adams [1957] Crim. L. R. 365, post.
8.
[1972] V. R. 353 (Vict.F.C.).
9.
[1982] 2 All E.R. 771.
10.
Royal College of Nursing of the U.K. v. DHSS [1981] 1 All E.R. 545.
11.
H.C. Official Report, 23 January 1979 (Standing Committee) Col. 381. Section 17 has now been brought into operation by S.I. 1983/668.
12.
[1957] Crim. L.R. 365.
13.
[1981] 1 W.L.R. 1421.
14.
13 August 1981.
15.
17 August 1981.
16.
At page 1423.
17.
At page 1424.
18.
See Note 13 above.
19.
14th Report, Offences Against the Person, Cmnd. 7844 (1980).
20.
The Times 4 and 5 November 1981.
21.
See Note 12 above.
22.
See Note 20 above.
23.
In his Institutes Part III (1797 ed.) c.l fo. 10.
24.
[1983] 2 W.L.R. 539, 542.
25.
[1889] 23 Q.B.D. 168.
26.
[1970] A.C. 132, 162–163.
27.
At page 165.
28.
See R. v. Adams, Note 12 above.
29.
See R. v. Arthur, Note 20 above.
30.
In Mount Isa Mines Ltd v. Pusey (1971) 45 A.L.J.R. 88, 92.
