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 extended. 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 Sir 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. Indictments for Misde meanor not to be re moved by Certiorari, except on Affidavit that a fair Trial can II. And whereas, by reason of the Establishment of a Court of Criminal Appeal, the Removal of Indictments by Writ of Certiorari is no longer necessary for the Decision of Questions of Law, but is 15 nevertheless often resorted to for Purposes of Expense and Delay: Be it enacted, That no Indictment, except Indictments against Bodies Corporate not authorized to appear by Attorney in the Court in which the Indictment is preferred, shall be removed into the Court of not be had. 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. Court of of Conviction and Notice to Parties, declare a Recogni. the Peace or 25 III. Where any Recognizance to keep the Peace or to be of good 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 Justice or Justices of the Peace of any County, Riding, Division, 30 City, Borough, or Place, it shall be lawful for the Justices, at 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 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) 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 Behaviour to be forfeited. 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. State may a Prisoner Civil Pro cess) to give Evidence. 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 tody under Judicature, to be examined as a Witness in any Cause or Matter, 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 any Cause or Matter depending before such Court is now by Law required to be dealt with. 35 in V. This Act shall not extend to Scotland or Ireland. Act not to extend to Scotland or Ireland. A BILL [AS AMENDED IN COMMITTEE, AND ON CONSIDERATION OF BILL AS AMENDED,] FOR The better Prevention and Punishment of aggravated 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 W amended.] 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: s. 37. Conviction, 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 15 the said Justices or Police or Stipendiary Magistrate, if the Assault is teen Years of of Age, and 405. A on Females under Four occasion ing actual extended. an aggravated Nature that it cannot in their or his Opinion be suffibodily Harm, ciently 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 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 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 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 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 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 Recognizance 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 |