c. 69.

16 & 17 Vic. beneath the bridges of the said rivers, nigh to the sea, or in any British stat. haven, river or creek, within the jurisdiction of the Admiralty, by persons in actual service and full pay in the fleet or ships of war of her majesty.

1853.

in the navy in dock yards or victualling

yards.

Any court-martial, constituted by virtue of the said last-mentioned act, shall have the same power for the trial and punishment of offences committed in any of her majesty's dock yards or victualling yards, by such persons as, at the time of the offence committed, shall be in actual service and full pay in the fleet or ships of war of her majesty as if such offences had been committed upon the main sea, or in any haven within the jurisdiction of the Admiralty; and all persons in actual service and full pay in any of the ships of war of her majesty shall, while within any of her majesty's dock yards or victualling yards, be subject to the same discipline, laws and customs, as if on board such ships of war of her majesty upon the main sea, or in any such haven as aforesaid.

16 & 17 VIC.

c. 118.

British stat.

1853.

Recited act

all felonies.

APPREHENSION OF OFFENDERS.

16 and 17 VIC. c. 118.] To amend an act of the seventh year of her majesty for the better apprehension of certain offenders. BRIT. [August 20, 1853.]

16 and 17 Vic. c. 118.] Whereas it is expedient that the proextended to visions of the act 6 and 7 Vic. c. 34 (ante), as to the endorsation of warrants by justices of the peace should be extended to persons charged with any felony: Be it therefore enacted, that the enactment in that act in such respect shall hereafter be read and combined as if the words, "such as the justices of the peace in general or quarter sessions assembled have not authority to try in England, under the provisions of the act 5 and 6 Vic. c. 38," (a) had been omitted therein.

(a) See COURTS OF QUARTER SESSIONS. (Ante.)

RECOGNIZANCE-BAIL.

16 VIC. c. 30.] For the better prevention and punishment of 16 VIC. c 30. aggravated assaults upon women and children and for preventing British stat. delay and expense in the administration of certain parts of the criminal law.

BRIT. [June 14, 1853.]

1853.

of

may, upon

conviction

declare

the recogni

zances to

be of good

to be for

16 Vic. c. 30, sec. 2.] Where any recognizance to keep the peace or to be of good behaviour is entered into by any person Court as principal or surety, before the court of general or quarter sessions sessions of the peace of any county, riding, division, city, proof of borough, or place, or before any justice or justices of the peace of and notice any county, riding, division, city, borough or place, it shall be to parties, lawful for any such court of general or quarter sessions of peace as aforesaid upon applications made to such court, to keep the declare such recognizance to be forfeited, upon proof of a con- peace or to viction of the party bound by such recognizance of any offence behaviour, which is in law a breach of the condition of the same; and upon feited. futher 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) who entered into such recognizances, that an application will be 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 imperial act, 3 Geo. IV. c. 46, and of the imperial act, 4 Geo. IV. c. 37, 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 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 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.

of persons

3. No person committed to prison under any warrant or order Detention of one justice of the peace for or on account of not entering into committed recognizances or finding sureties to keep the peace or to be of to prison for good behaviour shall be detained under such warrant or order into recog for more than twelve calendar months from the time of commit- limited. ment.

not entering

nizance,

16 & 17 VIC. c. 32.

16 and 17 VIC. c. 32.]

An Act to make provision for staying British stat. execution of judgment for misdemeanors upon giving bail in

1853.

No execution to be stayed or defendant'

till recogni

for his

personal

except when

general.

error.

BRIT. [June 28, 1853.]

16 and 17 Vic. c. 32.] Whereas by an act of the imperial parliament, 8 and 9 Vic. c. 68, entituled To stay 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 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 as follows:

1. In every case in which a writ of error shall be brought to reverse any judgment for misdemeanor, except when the same discharged shall be brought by H. M. attorney general, no execution therezance given upon shall be stayed, nor shall any defendant be discharged from imprisonment as to such execution, unless and until he shall appearance, become bound by recognizance, to be acknowleged in manner in writ brought the said act mentioned, to prosecute the writ of error with effect by attorney and personally to appear in the court, wherein such writ may be returnable on the day whereon judgment shall be given upon the said writ of error, and also, if so ordered by the court or by a judge thereof 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 defendant to prison according to the said judgment in case the said judgment shall be affirmed.

When default made

in personal on the argu

appearance

ment, court may order recogni

2. In every case in which a defendant shall make default in prosecuting such writ of error with effect, or in personally appearing in the court of error upon any proceeding to be had upon such writ of error as aforesaid, it shall be lawful for the said court to order the said recognizance to be estreated into the estreated, court of exchequer in a summary way, and without the issuing error to be 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; and in every such case the defendant shall forthwith be liable to execution upon the judgment.

zance to be

and writ of

quashed.

3. Whenever any writ of error shall be brought under the

c. 32.

1853.

No judg

given for

provisions of the said act for reversing any judgment in misde- 16 & 17 VIC. meanor, and error shall be assigned thereon, no judgment of re- British stat versal shall 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 ment to be upon a certificate, signed by or on behalf of the attorney or defendant solicitor general, that notice has been given to one of them of such intended application, and in the event of there being no error, exjoinder in error, such court of error may proceed to examine order in the record in error, and may give such judgment thereon as the and court court from which error is brought ought to have done, although may exam no joinder in error may have been filed.

for want of

a joinder in

cept by

open court,

ine reccrd and give judgment, though no assignment

filed.

judgment

defendant,

if present in

be com

4. In every case in which a defendant shall personally appear of errors in court upon any proceeding had upon any such writ of error, and judgment thereupon shall be affirmed, or such writ of error Where shall be quashed, it shall be lawful for such court of error forth- affirmed, with to commit the said defendant to the keeper of the queen's prison, and to order the said keeper to deliver such defendant to court, may the keeper of the gaol or prison in which he may have been ad- mitted in judged 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 gaol or prison in pursuance of and in execution of the said judgment.

execution.

cognizance

affirmed, or

ed, a judge

warrant to

render him

5. And whenever it shall be made appear to any one of Where rethe judges of the superior courts of record at Westminster, estreated, or either by affidavit or by certificate of the proper officer of the Judgment court of Error, that the recognizance of a defendant given writ quashunder the provisions of this act hath been ordered to be estreated, may issue or that judgment upon the said writ hath been affirmed, or take defendthat such writ of error hath been quashed, and that default hath ant, and been made by the space of four days in rendering the defendant in execu to prison in execution of the judgment, it shall be lawful for such judge to issue his warrant under his hand and seal, and thereby to cause such defendant to be apprehended and conveyed to the gaol or prison in which such defendant may have been adjudged to be imprisoned, pursuant to and in execution of the judgment given against such defendant.

tion.

of imprison

when de

6. In every case in which a defendant shall be committed by How time any court of error in execution of the judgment given against ment shall such defendant, and in every case in which a defendant shall, by be reckoned virtue of any warrant or in other manner, be rendered to prison fendant in execution of such judgment, the imprisonment of such execution. defendant (if imprisonment 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

rendered in

c. 32.

1853.

16 & 17 Vic. in which he may have been adjudged to be imprisoned under British stat. such judgment; and if the defendant shall have been discharged from imprisonment on giving bail in 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.

If default be made in

rendering

defendant

to prison,

be issued,

the costs

and charges, &c.

7. Whenever default shall have been made in rendering a defendant to prison in execution of a judgment for misdemeanor and a warrant shall have been issued against such defendant to and warrant enforce such render to prison according to the provisions of this he stall pay act, such defendants shall be liable to pay the costs and charges of such render, and if the prosecutor shall, before the expiration of the defendant's imprisonment, have caused the amount of such costs and charges to be ascertained by one of the masters or the assistant master on the crown side of the court of Queen's Bench, and shall have left with the said defendant and with the keeper of the prison or his deputy a certificate under the hand of such master or assistant master, of the amount of such costs so ascertained, then and in every such last-mentioned case the defendant shall not be discharged out of custody until such costs and charges have been paid, or until an order has been made by the court for the relief of insolvent debtors or bankruptcy for such discharge.

Where de

fault by de

to trial,

court may estreat re

without

8. And whereas in cases of default made by parties in performfendant in ing the conditions of recognizances into which they may have proceeding have entered to proceed to the trial of issues joined upon any indictment or information filed in her majesty's court of Queen's cognizance Bench, it hath been the usage and practice to enforce the scire facias. forfeiture of such recognizances by writ of scire facias, and the course of procedure by scire facias in such cases is dilatory, inconvenient, and expensive: Be it therefore enacted, That in every such case of default it shall be lawful for the said court or a judge thereof, to call upon the parties who have entered into such recognizance, by rule or order to show cause why such recognizance should not be estreated into the Exchequer, and thereupon, unless cause shall be shown to the satisfaction of the said court or judge, in excuse of such default such court or judge may order such recognizance to be estreated into the Exchequer.