of assize, &c., and paid by county trea surer, (58 G. 3. c. 70. s. 6. is G. 3. c. 19. s. 8.) How the expenses shall be paid in places not contributing to the county rate. 10.) other person as aforesaid shall be forthwith made out and delivered by the proper officer of the court unto such prosecutor or other person, upon being paid for the same the sum of one shilling for the prosecutor, and sixpence for each other person, and no more; and, except in the cases hereinafter provided for, shall be made upon the treasurer of the county, riding, or division, in which the offence shall have been committed, or shall be sup posed to have been committed, who is hereby authorized and required, upon sight of every such order, forthwith to pay to the person named therein, or to any one duly authorized to receive the same on his or her behalf, the: money in such order mentioned, and shall be allowed the same in his accounts. XXV. And whereas felonies and such misdemeanors as are herein-before enumerated may be committed in liberties, franchises, (33 G. 3. c. 70. s. 9 & cities, towns, and places which do not contribute to the payment of any county rate, some of which raise a rate in the nature of a county. rate, and others have neither any such rate, nor any fund applicable to similar purposes, and it is just that such liberties, franchises, cities, towns, and places should be charged with all costs, expences, and compensations ordered by virtue of this Act, in respect of felonies and such misdemeanors committed therein respectively; be it, therefore, enacted, That all sums directed to be paid by virtue of this Act, in respect of felonies and of such misdemeanors as aforesaid, committed or supposed to have been committed in such liberties, franchises, cities, towns, and places, shall be paid out of the rate in the nature of a county Cut of rate in the nature of county rate. rate, or out of any fund applicable to similar purposes, where there is such a rate or fund, by the treasurer or other officer having, the collection or disbursement of such rate or fund; and where there is no such rate or fund If no such rate, then in such liberties, franchises, cities, towns, or out of poor's rates. places, shall be paid out of the rate or fund for the relief of the poor of the parish, township, district, or precinct therein, where the offence was committed or supposed to have been committed, by the overseers or other officers having the collection or disbursement of such last-mentioned rate or fund; and the order of court shall in every such case be directed to such treasurer, overseers, or other officers respectively, instead of the treasurer of the county, riding, or division, as the case, may require. to costs and expences. XXVI. And, for the better regulation of Quarter Sessions to i costs and expences in the cases aforesaid, and make regulations as for preventing abuses in respect thereof, be it (18 G. 3. c. 19. 4. 9.) enacted, That it shall be lawful for the justices of the peace of any county, riding, or division, or of any liberty, franchise, city, town, or place. chargeable with costs and expences under the provision aforesaid, in Quarter Sessions assembled, to establish, and from time to time to alter such regulations as to the rate of any, costs and expences thereafter to be allowed by virtue of this Act, as to them shall seem just and reasonable; which regulations having when binding. received the approbation and signature of one justice of gaol delivery or of great sessions for the county wherein any such regulations shall have been established, shall be binding on all persons whatsoever. XXVII. And, for enabling the High Court For payment of ex pences in prosecutions of Admiralty to order the payment of the costs in Court of Admiralty. and expences of prosecutors and witnesses, and compensation for their trouble and loss of time, in cases in which other courts have a like power under this Act, be it enacted, That it shall be lawful for the judge of the said Court of Admiralty, in every case of felony, and in every case of misdemeanor of the denominations herein-before enumerated, come mitted upon the high seas, to order the Order on assistant to assistant to the counsel for the affairs of the counsel of Admiralty, admiralty and navy to pay such costs, ex &c. Courts may order who have been active in the apprehension of certain offenders. pences, and compensation to prosecutors and witnesses, in like manner as other courts may order the treasurer of the county to pay the same; and such assistant is hereby authorized and required, upon sight of every such order, forthwith to pay to the person named therein, or to any one duly authorized to receive the same on his or her behalf, the money in such order mentioned, and shall be allowed the same in his accounts. XXVIII. And, for the better remuneration compensation to those of persons who have been active in the ap prehension of certain offenders, be it enacted, That where any person shall appear to any court of oyer and terminer, gaol delivery, superior criminal court of a county palatine, or court of great sessions, to have been active 58 G. 3. c. 70, s. 4 & in or towards the apprehension of any person 10 & 11 W. 3. c. 23. s. 1, 2. 5 Ann. c. 31. s. 1. 14 G. 2. c. 6. 5.) charged with murder, or with feloniously and maliciously shooting at, or attempting to dis charge any kind of loaded fire arms at any other person, or with stabbing, cutting, or poisoning, or with administering any thing to procure the miscarriage of any woman, or with rape, or with burglary or felonious house 1 breaking, or with robbery on the person, or with arson, or with horse-stealing, bullockstealing, or sheep-stealing, or with being accessory before the fact to any of the offences aforesaid, or with receiving any stolen property knowing the same to have been stolen, every such court is hereby authorized and empowered in any of the cases aforesaid, to order the sheriff of the county in which the offence shall have been committed to pay to the person or persons, who shall appear to the court to have been active in or towards the apprehension of any person charged with any of the said offences, such sum or sums of money as to the court shall seem reasonable and sufficient to compensate such person or persons for his, her, or their expences, exertions, and loss of time in or towards such apprehension; and where any person shall appear to any court of sessions of the peace to have been active in or towards the appre hension of any party charged with receiving stolen property knowing the same to have been stolen, such court shall have power to order compensation to such person in the same manner as the other courts herein-before mentioned: Provided always, That nothing Independent of costs herein contained shall prevent any of the of prosecution. said courts from also allowing to any such persons, if prosecutors or witnesses, such costs, expences, and compensations, as courts are by this Act empowered to allow to prosecutors and witnesses respectively, may obtain immedi XXIX. And be it further enacted, That Such orders to be paid every order for payment to any person in by the Sheriff, who respect of such apprehension as aforesaid, ate repayment on apshall be forthwith made out and delivered by plication to the Trea sury. G. 1. c. 15. s. 4.) (58 G. S. c. 70. s. 5. the proper officer of the Court unto such person, upon being paid for the same the sum of five shillings and no more; and the Sheriff of the County for the time being is hereby au thorized and required, upon sight of such order, forthwith to pay to such person, or to any one duly authorized on his or her behalf, the money in such order mentioned; and every such sheriff may immediately apply for repayment of the same to the Commissioners of His Majesty's Treasury, who upon inspecting such order, together with the acquittance of the person entitled to receive the money thereon, shall forthwith order repayment to the Sheriff of the money so by him paid, without any fee or reward whatsoever. J XXX. And be it further enacted, That if any man shall happen to be killed in endea vouring to apprehend any person who shall be charged with any of the offences hereinbefore last mentioned, it shall be lawful for the court before whom such person shall be tried to order the sheriff of the county to pay to the widow of the man so killed, in case he shall have been married, or to his child.or children in case his wife shall be dead, or to his father or mother in case he shall have left neither wife nor child, such sum of money as to the court in its discretion shall seem meet; and the order for payment of such money shall be made out and delivered by the pro per officer of the court unto the party entitled to receive the same, or unto some one on his or her behalf, to be named in such order by the direction of the court; and every such order shall be paid by and repaid to the she riff in the manner herein-before mentioned. |