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XXIII. And be it enacted, That where any Person shall appear or be brought before a Justice or Justices of the Peace, charged with any Felony, save and except any Felony under an Act of the Eleventh Year of Her present Majesty’s Reign, intituled An Act for the better Security of the Crown and Government of the United Kingdom, or with any Assault with Intent to commit any Felony, or with any Attempt to commit any Felony, or with any Offence against an Act of the First and Second Years of His late Majesty King William the Fourth, intituled An Act to amend an Act passed in the Parliament of Ireland in the Fifteenth and Sixteenth Years of the Reign of His Majesty King George the Third, intituled ‘An Act to prevent and punish tumultuous Risings of Persons within this Kingdom, and for other Purposes therein mentioned,’ or with obtaining or attempting to obtain Property by false Pretences, or with a Misdemeanor in receiving Property stolen or obtained by false Pretences, or with Perjury or Subornation of Perjury, or with concealing the Birth of a Child by secret burying or otherwise, or with wilful or indecent Exposure of the Person, or with Riot, or with Assault in pursuance of a Conspiracy to raise Wages, or Assault upon a Peace Officer in the Execution of his Duty, or upon any Person acting in his Aid, or with Neglect or Breach of Duty as a Peace Officer, or with any Misdemeanor for the Prosecution of which the Costs may be allowed out of the County Rate or Funds, such Justice or Justices of the Peace may, if in his or their Discretion (having regard to the Nature of the Charge and the Cogency of the Evidence adduced in support of it) it appears to him or them to be a Case in which Bail ought to be taken, admit such Person to Bail, upon his procuring and producing a sufficient Surety or Sureties for the Appearance of such accused Person at the Time and Place when and where he is to be tried for such Offence; and thereupon such Justice or Justices shall take the Recognizance (S. 1. 2.) of the said accused Person and his Surety or Sureties, conditioned for the Appearance of such accused Person at the Time and Place of Trial, and that he will then surrender and take his Trial, and not depart the Court without Leave; and in all Cases where a Person charged with any indictable Offence shall be committed to Prison to take his Trial for the same, it shall be lawful, at any Time afterwards, and before the First Day of the Sitting or Session of the Court before which he shall have been committed to be tried, for the Justice or Justices of the Peace who shall have signed the Warrant for his Commitment, in his or their Discretion, to admit such accused Person to Bail in manner aforesaid; or if such committing Justice or Justices shall be of opinion that for any of the Offences herein-before mentioned the said accused Person ought to be admitted to Bail, he or they shall in such Cases, and in all other Cases of Misdemeanors, certify (S. 3.) on the Back of the Warrant of Commitment his or their Consent to such accused Party being bailed, stating also the Amount of Bail which ought to be required, it shall be lawful for any Justice of the Peace, attending or being at the Gaol or Prison where such accused Party shall be in Custody, on Production of such Certificate, at any Time before the First Day of the Sitting or Session of the Court before which he shall have been committed to be tried, to admit such accused Person to Bail in manner aforesaid; or if it shall be inconvenient for the Surety or Sureties in such a Case to attend at such Gaol or Prison to join with such accused Person in the Recognizance of Bail, then such committing Justice or Justices may make a Duplicate of such Certificate (S. 4.) as aforesaid, and upon the same being produced to any Justice of the Peace for the same County, Division, Liberty, City, Borough, or Place, it shall be lawful for such last-mentioned Justice before such Time as aforesaid to take the Recognizance of the Surety or Sureties in conformity with such Certificate, and upon such Recognizance being transmitted to the Keeper of such Gaol or Prison, and produced, together with the Certificate on the Warrant of Commitment as aforesaid, to any Justice of the Peace attending or being at such Gaol or Prison, it shall be lawful for such last-mentioned Justice thereupon before such Time as aforesaid to take the Recognizance of such accused Party, and to order him to be discharged out of Custody as to that Commitment, as herein-after mentioned; and where any Person shall be charged before any Justice or Justices of the Peace with any indictable Misdemeanor other than those herein-before mentioned, such Justice or Justices, after taking the Examinations in Writing as aforesaid, instead of committing him to Prison for such Offence, shall admit him to Bail in manner aforesaid, or if he have been committed to Prison, and shall apply to any One of the Visiting Justices of such Prison, or to any other Justice or Justices of the Peace for the same County, Division, Liberty, City, Borough, or Place, before the First Day of the Sitting or Session of the Court before which he shall have been committed to be tried, to be admitted to Bail, such Justice or Justices shall accordingly admit him to Bail in manner aforesaid; and in all Cases where such accused Person in Custody shall be admitted to Bail by a Justice or Justices of the Peace other than the committing Justice or Justices as aforesaid, such Justice or Justices of the Peace so admitting him to Bail shall forthwith transmit the Recognizance or Recognizances of Bail to the committing Justice or Justices, or One of them, to be by him or them transmitted, with the Examinations, to the proper Officer: Provided nevertheless, that no Justice or Justices of the Peace shall admit any Person to Bail for Treason, or for any Felony under the said Act of the Eleventh Year of Her present Majesty’s Reign, intituled An Act for the better Security of the Crown and Government of the United Kingdom, nor shall any such Person be admitted to Bail, except by Order of the Lord Lieutenant or other Chief Governor or Governors of Ireland, or his or their Chief Secretary, or by Her Majesty’s Court of Queen’s Bench at Dublin, or a Judge thereof in Vacation: Provided also, that when, in Cases of Misdemeanor, the Defendant shall be entitled to a Traverse at the next Assizes, Court of Oyer and Terminer, or Quarter Sessions, and shall not be bound to take his Trial until the Second Assizes, or Court of Oyer and Terminer, or Sessions, in every such Case the Recognizance (S. 1.) of Bail shall be conditioned that he shall appear and plead at the next Assizes, Court of Oyer and Terminer, or Sessions, and then traverse the Indictment, and that he shall surrender and take his Trial at such Second Assizes, Court of Oyer and Terminer, or Sessions, unless such accused Party shall, before he enter into such Recognizance, choose and consent to take his Trial at such First Assizes, Court of Oyer and Terminer, or Sessions, in which Case the Recognizance may be in the ordinary Form herein-before mentioned.
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