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ing actual by Indictment is not likely to be effectual (owing to the Sex or Age
a summary Way, and if they shall find the Charge to be proved, to
Indictments II. And whereas, by reason of the Establishment of a Court of for Misde
Criminal Appeal, the Removal of Indictments by Writ of Certiorari is meanor not to be re- no longer necessary for the Decision of Questions of Law, but is 15 moved by
nevertheless often resorted to for Purposes of Expense and Delay : Certiorari, except on Be it enacted, That no Indictment, except Indictments against Bodies Affidavit
Corporate not authorized to appear by Attorney in the Court in that a fair Trial can
which the Indictment is preferred, shall be removed into the Court of
tiorari, either at the Instance of the Prosecutor (other than the
Court of III. Where any Recognizance to keep the Peace or to be of good
Behaviour is entered into by any Person, as Principal or Surety,
any upon Proof
County, Riding, Division, City, Borough, or Place, or before any of Conviction and Notice Justice or Justices of the Peace of any County, Riding, Division, 30 to Parties,
City, Borough, or Place, it shall be lawful for the Justices, at declare a Recogni.
any such General or Quarter Sessions of the Peace as aforesaid, zance to keep upon Applications made to them, to declare such Recognizance to be of good to be forfeited, upon Proof of a Conviction of the Party bound
by such Recognizance of any Offence which is in Law a Breach 35
Behaviour to be for feited.
nizance 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
Third Year of King George the Third, Chapter Forty-six, and of 5 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-before mentioned, be declared to be forfeited ; and upon Notice
in Writing of such intended Application to the said General or 10 Quarter Sessions being given to any Justice or Justices, before whom
any such Recognizance shall have been taken, Four clear Days before 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 15 Recognizance shall have been taken, with a Certificate that the said
Recognizance is sent to him by reason of such last-mentioned Notice having been so given as aforesaid.
IV. It shall be lawful for One of Her Majesty's Principal Secretaries Secretary of of State, in any Case where he may see fit to do so, to issue a War- issue his 20 rant or Order under his Hand for bringing up any Prisoner or Person Warrant for
confined in any Gaol, Prison, or Place, under any Sentence or under bringing up Commitment for Trial or otherwise, (except under Process in any Civil (not in CusAction, Suit, or Proceeding,) before any Court, Judge, Justice, or other cody
, under Judicature, to be examined as a Witness in any Cause or Matter, cess) to give
Evidenee. 25 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 30 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.
V. This Act shall not extend to Scotland or Ireland.
Act not to extend to Scotland or Ireland.
[AS AMENDED IN COMMITTEE, AND ON CONSIDERATION
OF BILL AS AMENDED,]
The better Prevention and Punishment of aggra
vated Assaults upon Women and Children, and
[Note.— The Clauses A. to F. were added on Consideration of Bill as
HEREAS the present Law has been found insufficient for Preamble. the Protection of Women and Children from violent
Assaults : Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual 5 and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I. When any Person shall be charged before Two Justices of the 9G. 4. c. 31. Peace sitting at a place where the Petty Sessions are usually held, Power of
or before any Magistrate of the Police Courts of the Metropolis sitting punishing, 10 at any such Police Court, or before any Stipendiary Magistrate on summary
elsewhere, with an Assault upon any Female whatever, or upon any Assaults Male Child whose Age shall not in the Opinion of such Justices or committed Police or Stipendiary Magistrates exceed Fourteen Years, either upon and Male the Complaint of the Party aggrieved or otherwise, it shall be lawful for Children
under Four15 the said Justices or Police or Stipendiary Magistrate, if the Assault is teen Years 405. A
of of Age, and herein
an aggravated Nature that it cannot in their or his Opinion be suffibodily
Harm, ciently punished 'under the Provisions of the Statute Ninth George extended. 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
any Statute notwithstanding.
Court of II. Where any Recognizance to keep the Peace or to be of good 20
any upon Proof County, Riding, Division, City, Borough, or Place, or before any and Notice
Justice or Justices of the Peace of any County, Riding, Division, 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 Appli-
of the Condition of the same; and upon further Proof that a Notice 30