Aggravated Assaults Act 1854 No 9a (NSW)

No. IX.

An Act for the better Prevention and Punish­ ment of aggravated Assaults upon Women and Children and to amend the Law respect­ ing Recognizances to keep the Peace or for Good Behaviour. [4th August, 1854.]

enacted by His Excel lency the Governor of N e w South W a l e s by and	W H E R E A S the present law has been found insufficient for t h e pro tec t ion of women and chi ldren from violent assaul ts Be it
w i t h t h e advice and consent of t h e Legislat ive Counci l thereof as follows :—
1. W h e n any person shall be charged before two Jus t ices of t h e Peace s i t t ing a t a place where t h e P e t t y Sessions are usua l ly held
or before any Pol ice or S t ipendiary Mag i s t r a t e wi th an assaul t u p o n any female wha tever or upon any male child whose age shall no t in t he opinion of such Jus t i ces or Police or St ipendiary Magis t ra tes exceed fourteen years e i ther upon the complaint of t h e pa r ty aggrieved or otherwise it shall be lawful for t he said Jus t ices or Police or St ipen­ diary Magis t r a t e if t he assaul t is of such an aggrava ted n a t u r e t h a t it cannot

cannot in the i r or his opinion be sufficiently pun i shed u n d e r t he provi­ sions of t h e A c t of P a r l i a m e n t n i n t h George t h e F o u r t h chap te r th i r ty -one to proceed to hea r and de te rmine in a s u m m a r y way and if t hey shall find t h e same to be proved to convict t h e person accused and every offender so convicted shall be liable to be impr i soned in t h e common gaol or house of correct ion w i t h or wi thou t h a r d labor for a per iod no t exceeding six calendar m o n t h s or to pay a fine not exceed­ ing ( together wi th costs) the sum of t w e n t y pounds and in default of p a y m e n t to be impr isoned as aforesaid wi th or wi thou t ha r d labor for a per iod no t exceeding six calendar m o n t h s unless such fine and costs be sooner paid and if t h e Magistrate; or Magis t ra tes shall so t h i n k fit shal l be b o u n d to keep the peace and be of good behaviour for any per iod no t exceeding six calendar m o n t h s from the expi ra t ion of such

sentence; and such convict ion shall be a ba r t o all fu ture	proceedings
civil or c r imina l for or in respect of t he same assault .

2. W h e r e any recognizance to keep t h e peace or to be of good behaviour is en tered in to by any person as pr inc ipa l or sure ty before t h e Cour t of Genera l or Q u a r t e r Sessions of the Peace or before any J u s t i c e or Jus t i ces of t h e Peace it shall be lawful for any such Cour t of Genera l or Q u a r t e r Sessions of t he Peace as aforesaid upon appl icat ion m a d e to such Cour t to declare such recognizance to be forfeited u p o n proof of a conviction of t h e p a r t y b o u n d by such recognizance of any offence which is in law a breach of the condit ion of t h e same and upon fur ther proof t h a t a not ice in wr i t i ng signed by the person seeking to p u t such recognizance in force has seven clear days before t h e commencement of such Sessions been personal ly served u p o n or left a t t he usua l place of abode of t h e p a r t y or each

of t h e par t ies (if more t h a n one) who entered in to such recognizance

t h a t a n appl ica t ion will be m a d e to t h e said Genera l or Q u a r t e r Sessions t h a t t h e said recognizance shal l be declared forfeited and if such recognizance shal l be declared forfeited all such proceedings shall be h a d the reon as in t he case of a recognizance forfeited at such Cour t of Genera l or Qua r t e r Sessions and all t he provisions of t h e Act of Council passed in t h e second year of t he reign of H e r presen t Majesty n u m b e r e d e ight applicable to recognizances forfeited at such Cour t shall apply to a recognizance which shall upon such applicat ion and proof as hereinbefore men t ioned be declared to be forfeited and upon not ice in wr i t i ng of such in tended applicat ion to the said Genera l or Q u a r t e r Sessions be ing given to any Jus t i ce or Jus t i ces before w h o m any such recognizance shall have been t aken four clear days before t h e

commencemen t of t h e said Sessions t h e said Jus t i ce or Jus t ices shal l

t r a n s m i t t he said recognizance to t h e Clerk of the Peace of t h e

distr ict w i th in which t h e said recognizance shall have been t a k e n wi th a certificate t h a t t h e said recognizance is sent to h i m by reason of such las t -ment ioned notice hav ing been so given as aforesaid.

3. N o person commit ted to pr ison unde r any w a r r a n t or order

of one J u s t i c e of t he Peace for or on account of no t en te r ing in to recognizances or f inding suret ies to keep t h e peace or to be of good behaviour shall be deta ined unde r sue;h w a r r a n t or order for more t h a n twelve ca lendar m o n t h s from the t ime of such c o m m i t m e n t and

u p o n each such commit ta l t he Jus t i ce i s su ing t h e w a r r a n t shall l imi t

t h e pa r t i cu la r t e r m of detent ion of t h e person commit ted and such

t e r m shall be expressed in t he wa r r an t .

2 Y — V O L . 4. No. X .