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upon Notice

herein-before mentioned, be declared to be forfeited; and in Writing of such intended Application to the said General or Quarter Sessions being given to any Justice or Justices, before whom any such Recognizance shall have been taken, Four clear Days before 5 the Commencement of the said Sessions, the said Justice or Justices shall transmit the said Recognizance to the Clerk of the Peace of the County, Riding, Division, City, Borough, or Place within which the said Recognizance shall have been taken, with a Certificate that the said Recognizance is sent to him by reason of such last-mentioned Notice 10 having been so given as aforesaid.

State may

a Prisoner

Civil Pro

III. It shall be lawful for One of Her Majesty's Principal Secretaries Secretary of of State, or any Judge of the Court of Queen's Bench or Common issue his Pleas, or any Baron of the Exchequer, in any Case where he may see Warrant for bringing up fit to do so, upon Application by Affidavit, to issue a Warrant or 15 Order under his Hand for bringing up any Prisoner or Person (not in Cusconfined in any Gaol, Prison, or Place, under any Sentence or under tody under Commitment for Trial or otherwise, (except under Process in any Civil cess) to give Action, Suit, or Proceeding,) before any Court, Judge, Justice, or other Evidence. Judicature, to be examined as a Witness in any Cause or Matter, 20 civil or criminal, depending or to be inquired of, or determined in or before such Court, Judge, Justice, or Judicature; and the Person required by any such Warrant or Order to be so brought before such Court, Judge, Justice, or other Judicature shall be so brought under the same Care and Custody, and be dealt with in like Manner in all 25 respects, as a Prisoner required by any Writ of Habeas corpus awarded by any of Her Majesty's Superior Courts of Law at Westminster to be brought before such Court to be examined as a Witness in any Cause or Matter depending before such Court is now by Law required to be dealt with.

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IV. This Act shall not extend to Scotland or Ireland,

Act not to
extend to
Scotland or
Ireland.

occasion

ing actual

extended.

of such an aggravated Nature that it cannot in their or his Opinion be bodily Harm, sufficiently punished under the Provisions of the Statute Ninth George the Fourth, Chapter Thirty-one, to proceed to hear and determine in a summary Way, and if they shall find the same to be proved, to convict the Person accused; and every Offender so convicted shall be 5 liable to be imprisoned in the Common Gaol or House of Correction, with or without Hard Labour, for a Period not exceeding Six Calendar Months, or to pay a Fine not exceeding (together with Costs) the Sum of Twenty Pounds, and in default of Payment to be imprisoned as aforesaid, with or without Hard Labour, for a Period not exceed 10 ing Six Calendar Months unless such Fine and Costs be sooner paid, and if the Magistrate or Magistrates shall so think fit shall be bound to keep the Peace and be of good Behaviour for any Period not exceeding Six Calendar Months from the Expiration of such Sentence; and such Conviction shall be a Bar to all future Proceedings, civil or 15 criminal, for or in respect of the same Assault; and no Person convicted under this Act shall be entitled to appeal against such Conviction to the General Quarter Sessions of the Peace, anything to the contrary in any Statute notwithstanding.

Court of
General or
Quarter Ses-
sions may,

the Peace or

Behaviour

to be forfeited,

II. Where any Recognizance to keep the Peace or to be of good 20 Behaviour is entered into by any Person, as Principal or Surety, before the Court of General or Quarter Sessions of the Peace of any upon Proof County, Riding, Division, City, Borough, or Place, or before any of Conviction Justice or Justices of the Peace of any County, Riding, Division, and Notice to Parties, City, Borough, or Place, it shall be lawful for any such Court of 25 declare a General or Quarter Sessions of the Peace as aforesaid, upon AppliRecogni. zance to keep cations made to such Court, to declare such Recognizance to be to be of good forfeited, upon Proof of a Conviction of the Party bound by such Recognizance of any Offence which is in Law a Breach of the Condition of the same; and upon further Proof that a Notice 30 in Writing, signed by the Person seeking to put such Recognizance in force, has, Seven clear Days before the Commencement of such Sessions, been personally served upon or left at the usual Place of Abode of the Party or each of the Parties (if more than One) who entered into such Recognizances, that an Application will be 35 made to the said General or Quarter Sessions, that the said Re, cognizance shall be declared forfeited, and if such Recognizance shall be declared forfeited all such Proceedings shall be had thereon as in the Case of a Recognizance forfeited at such Court of General or Quarter Sessions, and all the Provisions of the Act of the 40 Third Year of King George the Fourth, Chapter Forty-six, and of the Act of the Fourth Year of the said King, Chapter Thirty-seven, applicable to a Recognizance so forfeited at such Court, shall apply to a Recognizance which shall, upon such Application and Proof as herein

herein-before mentioned, be declared to be forfeited; and upon Notice in Writing of such intended Application to the said General or Quarter Sessions being given to any Justice or Justices, before whom any such Recognizance shall have been taken, Four clear Days before 5 the Commencement of the said Sessions, the said Justice or Justices shall transmit the said Recognizance to the Clerk of the Peace of the County, Riding, Division, City, Borough, or Place within which the said Recognizance shall have been taken, with a Certificate that the said Recognizance is sent to him by reason of such last-mentioned Notice 10 having been so given as aforesaid.

CLAUSE A. No Person committed to Prison for

III. No Person committed to Prison under any Warrant or Order of One Justice of the Peace for or on account of not entering into not entering into RecogRecognizances or finding Sureties to keep the Peace, or to be of good nizance to be Behaviour, shall be detained under such Warrant or Order for more detained 15 than Twelve Calendar Months from the Time of such Commitment.

{.

more than 12 Months. CLAUSE B.

meanor not

Certiorari,

that a fair

IV. And whereas, by reason of the Establishment of a Court of Indictments Criminal Appeal, the Removal of Indictments by Writ of Certiorari for Misdeis no longer necessary for the Decision of Questions of Law, but is to be renevertheless often resorted to for Purposes of Expense and Delay: Be moved by 20 it enacted, That no Indictment, except Indictments against Bodies except on Corporate not authorized to appear by Attorney in the Court in Affidavit which the Indictment is preferred, shall be removed into the Court of Trial cannot Queen's Bench, or into the Central Criminal Court, by Writ of Cer- be had. tiorari, either at the Instance of the Prosecutor (other than the 25 Attorney General acting on behalf of the Crown) or of the Defendant, unless it be made to appear to the Court from which the Writ is to issue, by the Party applying for the same, that a fair and impartial Trial of the Case cannot be had in the Court below, or that some Question of Law of more than usual Difficulty and Importance will 30 arise upon the Trial.

CLAUSE C.

remove In

V. And whereas it is expedient to make further Provision for pre- No Certiorari venting the vexatious Removal of Indictments into the Court of to issue to Queen's Bench: Be it therefore enacted, That whenever any Writ of dictment, Certiorari to remove an Indictment into the said Court shall be unless Recognizance 35 awarded at the Instance of a Defendant or Defendants, the Recogni- given for zance now by Law required to be entered into before the Allowance Costs. of such Writ shall contain the further Provision following; that is to say, that the Defendant or Defendants, in case he or they shall be convicted, shall pay to the Prosecutor his Costs occasioned by the Re40 moval of such Indictment; and whenever any such Writ of Certiorari shall be awarded at the Instance of the Prosecutor, the said Prosecutor shall enter into a Recognizance (to be acknowledged in like Manner

405.

A 2

as

CLAUSE D. How Costs to be taxed and recovered.

CLAUSE E. If no Recognizance

given, Court to try as if no Certiorari awarded.

CLAUSE F. Not to apply to Certioraris at the In

as is now required in Cases of Writs of Certiorari awarded at the Instance of a Defendant,) with the Condition following; that is to say, that the said Prosecutor shall pay to the Defendant or Defendants, in case he or they shall be acquitted, his or their Costs occasioned by such Removal.

5

VI. The Costs herein-before respectively mentioned shall be taxed according to the Course of the Court of Queen's Bench; and for the Recovery thereof the Persons entitled thereto shall, at the Expiration of Ten Days after Demand made of the Person or Persons at whose Instance the Writ of Certiorari was awarded, and on Oath made of 10 such Demand and Refusal of Payment, have a Writ of Attachment granted against him or them by the Court of Queen's Bench for such Contempt; and the said Court shall and may also order the said Recognizance to be estreated into the Exchequer.

VII. If the Person or Persons at whose Instance any Writ of Cer- 15 tiorari shall be awarded shall not, before the Allowance thereof, enter into such Recognizance as is herein-before provided, the Court to which such Writ may be directed shall and may proceed to the Trial of the Indictment, as if such Writ of Certiorari had not been awarded.

VIII. This Act shall not extend to any Writ of Certiorari awarded 20 stance of the at the Instance of Her Majesty's Attorney General.

Attorney
General.

Secretary of
State may
issue his

Warrant for bringing up

a Prisoner

(not in Cus

tody under Civil Process) to give Evidence.

Act not to

extend to

Scotland or
Ireland.

IX. It shall be lawful for One of Her Majesty's Principal Secretaries of State, or any Judge of the Court of Queen's Bench or Common Pleas, or any Baron of the Exchequer, in any Case where he may see fit to do so, upon Application by Affidavit, to issue a Warrant or 25 Order under his Hand for bringing up any Prisoner or Person confined in any Gaol, Prison, or Place, under any Sentence or under Commitment for Trial or otherwise, (except under Process in any Civil Action, Suit, or Proceeding,) before any Court, Judge, Justice, or other Judicature, to be examined as a Witness in any Cause or Matter, 30 civil or criminal, depending or to be inquired of, or determined in or before such Court, Judge, Justice, or Judicature; and the Person required by any such Warrant or Order to be so brought before such Court, Judge, Justice, or other Judicature shall be so brought under the same Care and Custody, and be dealt with in like Manner in all 35 respects, as a Prisoner required by any Writ of Habeas corpus awarded by any of Her Majesty's Superior Courts of Law at Westminster to be brought before such Court to be examined as a Witness in any Cause or Matter depending before such Court is now by Law required to be dealt with.

X. This Act shall not extend to Scotland or Ireland.

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