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ARRANGEMENT OF CLAUSES.
No Execution to be stayed, or Defendant discharged from Custody, till Recognizance given for Defendant's personal Appearance, except when Writ brought by Attorney General; 1.
Court may order Recognizance to be estreated where Default made in personal Appearance of Defendant on the Argument; 2.
No Judgment to be given for Defendant for Want of a Joinder in Error except by Order of the Court in open Court; 3.
Where Judgment affirmed, Defendant, if present in Court, may be committed in execution; 4.
Judge may issue Warrant to take Defendant in execution where Recognizance has been estreated; 5.
How Time of Imprisonment shall be reckoned when Defendant rendered in execution; 6.
If Default be made in rendering Defendant to Prison, and Warrant be issued against him, he shall pay the Costs and Charges of the Render; 7.
Court may estreat Recognizance without Scire facias where Default made by Defendant in proceeding to Trial in Queen's Bench; 8.
An Act to make further Provision for staying Execution of Judgment for Misdemeanors upon giving Bail in Error.
HEREAS by an Act passed in the Ninth Year of the Preamble. Reign of Her present Majesty, intituled "An Act to stay 8 & 9 Vict. "Execution of Judgment for Misdemeanors upon giving "Bail in Error," it is amongst other things provided that no Execution upon any such Judgment shall be stayed unless and until the Defendant or Defendants shall become bound by Recognizance to prosecute the Writ of Error with Effect, and in case the Judgment shall be affirmed forthwith to render the Defendant or Defendants to Prison, according to the said Judgment, where Imprisonment shall 10 have been adjudged: And whereas it is expedient to make further Provision for securing the Render of a Defendant to Prison, according to the Judgment given against him, when such Judgment shall have been affirmed, or such Writ of Error shall have been quashed: Be it therefore enacted by the Queen's most Excellent Majesty, by and 15 with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
No Execu tion to be stayed or Defendant
discharged from Cus
tody till Recognizance given for Defendant's
I. In every Case in which a Writ of Error shall be brought to reverse any Judgment for Misdemeanor, except when the same shall be brought by Her Majesty's Attorney General, no Execution thereupon shall be stayed, nor shall any Defendant be discharged from Imprisonment as to such Execution, unless and until he shall become 5 bound by Recognizance, to be acknowledged in manner in the said Act mentioned, to prosecute the Writ of Error with Effect, and personally to appear in the Court wherein such Writ may be returnable except when on the Day whereon Judgment shall be given upon the said Writ of Writ brought Error, and also, if so ordered by the Court or by a Judge thereof, 10 by Attorney Four Days Notice being given either to the Defendant or his Attorney
or to the Bail personally, or by leaving the same at his or their last known Place of Abode on the Days and Times appointed for any Proceeding upon the said Writ, and so from Day to Day, and not to depart that Court without Leave, and forthwith to render the said 15 Defendant to Prison, according to the said Judgment, in case the said Judgment shall be affirmed.
Where Default made
II. In every Case in which a Defendant shall make default in in personal prosecuting such Writ of Error with effect, or in personally appearing Appearance in the Court of Error upon any Proceeding to be had upon such 20 of Defendant Writ of Error as aforesaid, it shall be lawful for the said Court to on the Argu
ment, Court order the said Recognizance to be estreated into the Court of Ex
may order Recognizance to be
chequer in a summary Way, and without the issuing of any Writ
of Scire facias in that Behalf, and also to order the said Writ of Error to be quashed, without any Argument being had thereupon; 25 and in every such Case the Defendant shall forthwith be liable to Execution upon the Judgment.
estreated, and Writ of
Error to be quashed.
No Judgment to be given for Defendant
III. Whenever any Writ of Error shall be brought, under the Provisions of the said Act, for reversing any Judgment in Misdemeanor, and Error shall be assigned thereon, no Judgment of Reversal shall 30 for Want of a be entered, either for Want of a Joinder in Error or otherwise,
without the special Order of the Court in which such Writ of Error shall be pending, pronounced in open Court; and upon a Certificate, signed by or on behalf of the Attorney or Solicitor General, that open Court; Notice has been given to One of them of such intended Application, 35
nay examine and in the Event of there being no Joinder in Error, such Court of
Record, and Error may proceed to examine the Record in Error, and may give give Judg ment, though such Judgment thereon as the Court from which Error is brought no Assign- ought to have done, although no Joinder in Error may have
ment of Errors filed.
Where Judginent affirmed, Defen
IV. In every Case in which a Defendant shall personally appear in Court upon any Proceeding had upon any such Writ of Error,
and Judgment thereupon shall be affirmed, or such Writ of Error dant, if preshall be quashed, it shall be lawful for such Court of Error forth- sent in Court, may be comwith to commit the said Defendant to the Keeper of the Queen's mitted in Prison, and to order the said Keeper to deliver such Defendant to execution. 5 the Keeper of the Gaol or Prison in which he may have been adjudged to be imprisoned; and the said Keeper of the Queen's Prison shall thereupon deliver such Defendant to the Keeper of such Gaol or Prison, and the Keeper of such last-mentioned Gaol or Prison shall thereupon cause such Defendant to be kept in safe Custody in such 10 Gaol or Prison, in pursuance of and in execution of the said Judg
V. And whenever it shall be made appear to any One of the Judges of Where Recognizance the Superior Courts of Record at Westminster, either by Affidavit or by an Certificate of the proper Officer of the Court of Error, that the Re- estreated, or Judgment 15 cognizance of a Defendant given under the Provisions of this Act affirmed or hath been ordered to be estreated, or that Judgment upon the said Writ of Writ hath been affirmed, or that such Writ of Error hath been quashed, quashed, and that default hath been made by the Space of Four Days a Judge in rendering the Defendant to Prison in execution of the Judgment, it may issue 20 shall be lawful for such Judge to issue his Warrant under his Hand and take DefenSeal, and thereby to cause such Defendant to be apprehended, and dant, and conveyed to the Gaol or Prison in which such Defendant may have to Prison in been adjudged to be imprisoned, pursuant to and in execution of the execution. Judgment given against such Defendant.
VI. In every Case in which a Defendant shall be committed by How Time of Imprisonany Court of Error in execution of the Judgment given against such ment shall Defendant, and in every Case in which a Defendant shall, by virtue be reckoned of any Warrant or in other Manner, be rendered to Prison in execution dant renderof such Judgment, the Imprisonment of such Defendant (if Imprison- ed in execu30 ment shall not have commenced under such Execution) shall be
reckoned to begin from the Day when such Defendant shall be in actual Custody in the Gaol or Prison in which he may have been adjudged to be imprisoned under such Judgment; and if the Defendant shall have been discharged from Imprisonment on giving Bail in 35 Error, as is herein-before mentioned, such Defendant shall be imprisoned for such further Period in the same Prison as, with the Time during which such Defendant may already have been imprisoned under such Execution, shall be equal to the Period for which he was adjudged to be imprisoned as aforesaid.
be made in
40 VII. Whenever Default shall have been made in rendering a De- If Default fendant to Prison in execution of a Judgment for Misdemeanor, rendering and a Warrant shall have been issued against such Defendant to Defendant to 502. A 2 Prison, and enforce