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ing actual by Indictment is not likely to be effectual (owing to the Sex or Age
bodily Harm, of the Party injured), to proceed to hear and determine the same in

a summary Way, and if they shall find the Charge to be proved, to
convict the Person accused; and every Offender so convicted shall be
liable to be imprisoned in the Common Gaol or House of Correction, 5
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 Six Calendar Months
unless such Fine and Costs be sooner paid; and such Conviction shall 10
be a Bar to all future Proceedings, civil or criminal, for or in respect
of the same Assault.

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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
not be bad. Queen's Bench or into the Central Criminal Court by Writ of Cer- 20

tiorari, either at the Instance of the Prosecutor (other than the
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.

25

sions may,

Court of III. Where any Recognizance to keep the Peace or to be of good
General or

Behaviour is entered into by any Person, as Principal or Surety,
Quorter Ses-
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 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
of the Condition of the same; and upon further Proof that a Notice
in Writing, signed by the Person seeking to put such Recog-
nizance 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) 40
who entered into such Recognizances, that an Application will be
made to the Justices at the said General or Quarter Sessions, that
the said Recognizance shall be declared forfeited, and if such Recog-

1

Behaviour to be for feited.

nizance

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.

35

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

Act not to extend to Scotland or Ireland.

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Ordered, by The House of Commons, to be Printed,

326.

12 April 1853.

Under 1 oz.

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[AS AMENDED IN COMMITTEE, AND ON CONSIDERATION

OF BILL AS AMENDED,]

FOR

The better Prevention and Punishment of aggra

vated Assaults upon Women and Children, and
for preventing Delay and Expense in the
Administration of certain Parts of the Criminal
Law.

[Note.— The Clauses A. to F. were added on Consideration of Bill as

amended.]

W

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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

occasion

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
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
at the Expiration of such Sentence to keep the Peace and be of good
Behaviour for any Period not exceeding Six Calendar Months; 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 con-
victed under this Act shall be entitled to appeal against such Convic-
tion to the General Quarter Sessions of the Peace, anything to the

any Statute notwithstanding.

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contrary in

sions may,

Court of II. Where any Recognizance to keep the Peace or to be of good 20
General or Behaviour is entered into by any Person, as Principal or Surety,
Quarter Ses-
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 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-
Recogni.
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
Behaviour such Recognizance of any Offence which is in Law a Breach
to be for.
feited.

of the Condition of the same; and upon further Proof that a Notice 30
in Writing, signed by the Person seeking to put such Recog.
nizance 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 sucḥ Application and Proof as

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