HABEAS CORPUS. British stat. 1853. 16 VIC. c. 30.] For the better prevention and punishment of 16 Vic. c. 30. aggravated assaults upon women and children, and for preventing delay and expense in the administration of certain parts of the criminal law. BRIT. [June 14, 1853.] state may issue his (not in cus civil pro 16 Vic. c. 30, sec. 9.] It shall be lawful for one of her majesty's Secretary of principal secretaries of state, or any judge of the court of Queen's Bench or common pleas, or any baron of the exchequer, warrant for in any case where he may see to do so, upon application by a prisoner affidavit, to issue a warrant or order under his hand for bringing tody under up any prisoner or person confined in any gaol, prison, or place, cs) to give under any sentence, or under commitment for trial or otherwise evidence. (except under process in any civil action, suit, or proceeding), before any court, judge, justice, or other judicature, to be examined as a witness in any cause or matter, civil or criminal, depending or to be enquired of, or determined in or before such court, 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 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. CERTIORARI. British stat. 16 VIC. c. 30.] For the better prevention and punishment of 16 Vic. c. 30. aggravated assaults upon women and children, and for preventing delay and expense in the administration of certain parts of the criminal law. BRIT. [June 14, 1853.] 1853. meanor removed by except on 16 Vic. c. 30, sec. 4.] Whereas by reason of the establishment Indictments of a court of criminal appeal, the removal of indictments by writ for misdeof certiorari is seldom necessary for the decision of questions of not to be law, but is nevertheless sometimes resorted to for purposes of certiorari expense and delay: Be it enacted, That no indictment, except affidavit indictments against bodies corporate not authorized to appear by attorney in court in which the indictment is preferred, shall be bad. be removed into the court of Queen's Bench, or into the central criminal court, by writ of certiorari, either at the instance of the R R that a fair trial cannot British stat. 1853. 16 VIC. c. 30. prosecutor or of the defendant (other than the attorney-general acting on behalf of the crown), 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, or that some question of law of more than usual difficulty and importance is likely to arise upon the trial, or that a view of the premises in respect whereof any indictment is preferred, or a special jury may be required for the satisfactory trial of the same. No certio rari to issue to remove indictment unless recognizance given for costs. 5. And whereas it is expedient to make further provision for preventing the vexatious removal of indictments into the court of Queen's Bench: Be it therefore enacted, That whenever any writ of certiorari to remove an indictment into the said court payment of shall be awarded at the instance of a defendant or defendants, the recognizance now by law required to be entered into before the allowance of such writ shall contain the further provision following; that is to say, that the defendant or defendants, in case he or they shall be convicted, shall pay to the prosecutor his costs incurred subsequent to the removal of such indictment; and whenever any such writ of certiorari shall be awarded at the instance of the prosecutor, the said prosecutor shall enter into a recognizance (to be acknowledged in like manner as is now required in cases of writs of certiorari awarded at the instance of a defendant) with the condition following; that is to say, that the said prosecutor shall pay to the defendant or defendants, in case he or they shall be acquitted, his or their costs incurred subsequent to such removal. How costs to be taxed and reco vered. If no recognizance 6. The costs hereinbefore respectively mentioned shall be taxed according to the course of the court of Queen's Bench, and for the recovery thereof the persons entitled thereto shall, at the expiration of ten days after demand made of the person or persons at whose instance the writ of certiorari was awarded and on oath made of such demand and refusal of payment have a writ of attachment granted against him or them by the court of Queen's Bench for such contempt; and the said court shall and may also order the said recognizance to be estreated into the Exchequer. 7. If the person or persons at whose instance any writ of given, court certiorari shall be awarded, shall not, before the allowance to try as if thereof, enter into such recognizance as is hereinbefore proawarded. vided, the court to which such writ may be directed shall and may proceed to the trial of the indictment, as if such writ of certiorari had not been awarded. no certiorari Not to apply to certain certioraris awarded. Extent of act. 8. This act shall not extend to any writ of certiorari awarded at the instance of her majesty's attorney-general. 10. This act shall not extend to Scotland or Ireland. CONVICTIONS-PUNISHMENTS. 16 and 17 Vic. c. 99.] To substitute, in certain cases, a 16 & 17 VIC. punishment in lieu of transportation. BRIT. [August 20, 1853.] 16 and 17 c. 99.] Whereas, by reason of the difficulty of transporting offenders beyond the seas it has become expedient to substitute, in certain cases, other punishment in lieu of transportation, Be it therefore enacted as follows: c. 99. British stat. 1853. to be sen tion except 1. After the commencement of this act no person shall be No person sentenced to transportation, who if this act had not been passed tenced to would not have been liable to be transported for life, or for transportaa term of fourteen years or upwards; and no person shall be for life, or sentenced to transportation for any term less than fourteen or upwards. years. 2. Any person who if this act had not been passed have been sentenced to transportation for a term of less fourteen years shall be liable at the discretion of the to be kept to penal servitude for such term as hereinafter tioned. for 14 years might sentence of than tude instead court, tation for men- less than 14 penal servi of transpor years. liable to tion for 14 years or 3. Any person who if this act had not been passed might Persons have been sentenced to transportation for a term of fourteen transportayears or upwards, or for life, shall after the commencement of this act, be liable, at the discretion of the court to be sentenced upwards, or either to such transportation for fourteen years or upwards, or for life, or be kept in penal servitude for such term as under this act may be awarded instead of such transportation. if 4. The terms of penal servitude to be awarded instead of the transportation to which any offender would have been liable this act had not been passed shall be as follows, that is to say:Instead of transportation for seven years, or for a term not exceeding seven years, or for a term not exceeding seven years, penal servitude for the term of four years. Instead of any term of transportation exceeding seven years, and not exceeding ten years, penal servitude for any term not less than four, and not exceeding six years. Instead of any term of transportation exceeding ten years and not exceeding fifteen years, penal servitude for any term not less than six, and not exceeding eight years. Instead of any term of transportation exceeding fifteen years, penal servitude for any term not less than six and not exceeding ten years. Instead of transportation for the term of life, penal servitude for the term of life. for life, may still be sen transporta tenced to tion, or to penal servitude instead. Terms of penal servi tude which are to be awarded in stead of the present terms of transportation. c. 99. 16 & 17 Vic. And in every case where at the discretion of the court, one of British stat. any two or more of the terms of transportation herein before mentioned might have been awarded, the court shall have the like discretion to award one of the two or more terms of penal servitude herein before mentioned in relation to such terms of transportation. 1853. Conditional pardons to with refer ence to the punish cases of transportation. of 5. Whenever her majesty or the lord lieutenaut, or other be allowed chief governor or governors of Ireland for the time being, shall be pleased to extend mercy to any offender convicted of any substituted offence for which he may be liable to the punishment of death, ment, as in upon condition of his being kept to penal servitude for any term pardons on years or for life, such intention of mercy shall have the same condition of effect and may be signified in the same manner, and all courts, justices, and others shall give effect thereto and to the condition of the pardon in like manner as in the case where her majesty, or the lord lieutenant or other chief governor or governors of Ireland for the time, is or are now pleased to extend mercy upon condition of transportation beyond the seas, the order for the execution of such punishment as her majesty, or the lord lieutenant or other chief governor or governors of Ireland for the time being, may have made the condition of her, his, or their mercy, being substituted for the order for transportation. Persons under sen tence or order of penal servi be dealt with. 6. Every person under this act who shall be sentenced or ordered to be kept in penal servitude may, during the term of the sentence or order, be confined in any such prisonor place of contude, how to finement in any part of the united kingdom, or in any river, port, or harbour of the united kingdom, in which persons under sentence or order of transportation may now by law be confined, or in any other prison in the united kingdom, or any part of her majesty's dominions beyond the seas, or in any port or harbour thereof as one of his principal secretaries of state may from time to time direct, and such person may during such term be kept to hard labour and otherwise dealt with in all respects as persons sentenced to transportation may now by law be dealt with while so confined. All acts, &c., concerning convicts to transpor made appli purposes of this act. to 7. All acts and provisions of acts now applicable with respect under sentence or order of transportation shall, so far persons sentenced as may be consistent with the express provisions of this act, be tation, construed to extend and be applicable to persons under any cable for the sentence or order of penal servitude under this act; and all the powers and provisions contained in the act, 5 Geo. IV. c.84, authorizing the appointment by her majesty from time to time of places of confinement as therein mentioned for male offenders under sentence or order of transportation, and authorizing her majesty to order male offenders convicted in Great Britain and under sentence or order of transportation to be kept to hard labour in any part of her majesty's dominions out of England, c. 99. British stat. 1853. shall extend and be applicable to and for the appointment by her 16 & 17 Vic. majesty of like places of confinement in any part of the united kingdom for offenders (whether male or female) sentenced under this act in any part of the united kingdom, and to and for the ordering of such offenders to be kept to hard labour in any part of her majesty's dominions out of England; and all the provisions of the said act concerning the removal to or from and confinement in the places of confinement in or out of England appointed under the said act, of the offenders therein mentioned, and all acts and provisions of acts now in force concerning or relating to the regulation and government of such places of confinement and the custody, treatment, management, and control of or otherwise in relation to the offenders confined therein, shall so far as the same may be consistent with the express provisions of the act, extend and be applicable to and for the removal to and from and confinement in the places of confinement appointed under this act of the offenders sentenced in any part of the united kingdom, and otherwise be applicable to and in respect of such places of confinement, and the offenders to be confined therein. licenses to under sen transporta 9. It shall be lawful for her majesty by an order in writing Her majesty under the hand and seal of one of her majesty's principal may grant secretaries of state, to grant to any convict now under sentence be at large of transportation, or who may hereafter be sentenced to to convicts transportation, or to any punishment substituted for transportation tence of by this act, a license to be at large in the united kingdom and into. the channel islands, or in such part thereof respectively as in such license shall be expressed during such portion of his or her term of transportation or imprisonment, and upon such conditions in all respects as to her majesty shall seem fit, and it shall be lawful for her majesty to revoke or alter such license by a like order at her majesty's pleasure. Holder of to be im 10. So long as such license shall continue in force and un- license not revoked, such convict shall not be liable to be imprisoned or prisoned, transported by reason of his or her sentence, but shall be allowed &c., by to go and remain at large according to the term of such his senlicence. any reason of tence. If license to revoked, the of convict may be appre hended and committed 11. Provided always, That it shall please her majesty revoke such license as aforesaid, it shall be lawful for one her majesty's principal secretaries of state, by warrant under his hand and seal, to signify to any one of the police magistrates of to prison the Metropolis that such license has been revoked, and to require such magistrate to issue his warrant under his hand and seal for the apprehension of the convict to whom such license was granted, and such magistrate shall issue his warrant accordingly, and such warrant shall and may be executed by the constable to whom the same shall be delivered for that purpose in any part of the united kingdom, or in the Isles of Jersey, Guernsey, Alderney, or Sark, and shall have the same force and effect in |