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31. Certified copy of sentence—(Tariff, item 35.)

32. Taking prisoner to railway station, to be delivered to Central Prison Bailiff, in addition to other necessary expenses incurred in such duty— (Tariff, item 36.)

33. For general supervision over the gaol and prisoners therein, and the books kept in connection with the gaol, in addition to any other allowance, and for stationery and postage, per quarter. (Tariff, item 38.) R. S. O. 1877, Sched. "Sheriff"; 45 V. c. 11, s. 15.

34. For every prisoner discharged from gaol other than prisoners committed by warrant for trial at the Assizes or General Sessions-(Tariff, item 39.)

35. For services performed under R. S. C. c. 181, s. 32—(Tariff, item 40.) 36. For each day's attendance at an adjournment of the County Judge's Criminal Court.—(Tariff, item 41.) 48 V. c. 13, s. 28.

CORONER.

1. Precept to summon Jury-(Tariff, item 1.)

2. Empanelling a Jury-(Tariff, item 2.)

3. Summons for Witness-(Tariff, item 3.)

4. Information or Examination of each Witness—(Tariff, item 4.)

5. Taking every Recognizance (Tariff, item 5.)

6. Necessary travel to take an Inquest-(Tariff, item 6.)

7. Taking Inquisition and making Return-(Tariff, item 7.)

8. Every Warrant-(Tariff, item 8.)

(R. S. O. 1877, c. 86, Sched. "Coroner.")

CLERK OF THE PEACE.

1. Drawing precept to summon the Grand and Petit Jury, attending Justices to sign same and transmitting to the Sheriff-(See Tariff in the Schedule to Rev. Stat., c. 83, item 1.)

2. Attending each General Sessions-(Tariff, item 2.)

3. Making up Record of each General Sessions—(Tariff, item 3.)

4. Notice of every appointment of a Constable under Rev. Stat., c, 82, ss. 1 & 4, or other officer appointed by the Justices in Session, and notice of any order made by the General Sessions when required to be notified to any person or party-(Tariff, item 4.)

5. Issuing Subpoena, (if payable by the Crown)-(Tariff, item 5.) 6. Issuing Bench warrant-(Tariff, item 6.)

7. Every Recognizance of the Peace for good behaviour-(Tariff, item 7.) 8. Furnishing to Sheriff and Coroners revised lists of constables, whenever ordered to be done by the Justices in General Sessions-(Tariff, item 11.)

9. Copies of Depositions or Examinations furnished to Prisoners, Defendants, or their Counsel, when required by the party or his Counsel, (if payable by the Crown)—(Tariff, item 13.)

10. Receiving and filing each Presentment of the Grand Jury-(Tariff, item 14.)

11. Arraigning each Prisoner or Defendant indicted, and recording Plea (if payable by the Crown)—(Tariff, item 16.)

12. Empanelling and swearing the Jury in every case, whether criminal or otherwise, where by law a trial by Jury is to be had at the General Sessions, and when no fee is fixed by statute, (if payable by the Crown)— (Tariff, item 17.)

13. Swearing each Witness upon any trial by Jury, or to go before the Grand Jury, (if payable by the Crown) (Tariff, item 18.)

14. Filing each Exhibit upon a trial, (if payable by the Crown) (Tariff, item 19.)

15. Charging the Jury with the Prisoner or Defendant, upon each indictment, (if payable by the Crown)-(Tariff, item 21.)

16. Receiving and Recording each verdict of a Petit Jury, in any case of trial by Jury, (if payable by the Crown)-(Tariff, item 22.)

17. Recording each Judgment or Sentence of the Court, upon a verdict or confession, (if payable by the Crown)-(Tariff, item 23.)

18. Making out and delivering to the Sheriff a Calendar of the Sentences at each Court-(Tariff, item 24.)

19. Certified Copy of Sentences sent with the Prisoners to the Penitentiary, or Reformatory after each Session-(Tariff, item 25.)

20. Making up Record of Conviction or Acquittal, in any case where necessary, (if payable by the Crown)-(Tariff, item 26.)

21. Discharging any Prisoner by proclamation-(Tariff, item 29.)

22. Drawing out and taking each Recognizance to appear, either of prosecutor, defendant or witness, (if payable by the Crown)-(Tariff, item 31.)

23. Calling parties on their Recognizance and recording their nonappearance, (if payable by the Crown)-(Tariff, item 32.)

24. Making out lists of forfeited Recognizances and Fines to submit to the presiding Judge after each Session in order that they may be estreated. -(Tariff, item 9.)

25. Entering any Order of Sessions or of the County Judge to remit an estreat and recording an entry of the same, (if payable by the Crown)— (Tarif, item 34.)

26. Drawing Order of the Judge to estreat and put in process-(Tariff, item 33.)

27. Entering and extracting upon a Roll, in duplicate, the Fines, Issues, Amerciaments and forfeited Recognizances recorded in each Session, making oath to the same, and transmitting it to the Sheriff—(Tariff, item 35.)

28. Making out and delivering to the Sheriff the Writ of fieri facias and capias thereon-(Tariff, item 36.)

29. Making out and certifying copy of Roll and Return of Sheriff, and transmitting it to Provincial Treasurer-(Tariff, item 37.)

30. Making up Books of Orders of Sessions, declaring the limits of the Division Courts, and entering the times and places of holding the Courts (Tariff, item 38.)

31. Making out and transmitting a copy thereof to the Government(Tariff item 39.)

32. Making out and transmitting copies (with letter) to the Clerk of each Division Court, of the Divisions made by the General Sessions— (Tariff, item 40).

33. Drawing Orders of Session for altering the limits of Division Courts-(Tariff, item 41).

34. Making out and transmitting copies of such Orders to the Government (Tariff, item 42).

35. Making out and transmitting copies of such Orders to each Division Court affected by the alteration-(Tariff, item 43).

36. For each Copy of Schedule of Division Courts, with the Order of Sessions for publication-(Tariff, item 44).

37. Swearing each party to an Affidavit, when no charge is elsewhere provided for it, (If payable by the Crown)-(Tariff, item 62).

R. S. O. 1877, c. 86, Sched "Clerk of the Peace," Items 1-37.

For services in County Judges Criminal Court.

38. Attending and service in Court, and making all necessary entries for each prisoner brought before the Judge, and not consenting to be tried-(Tariff, item 80.)

39. For attendance in Court, and services rendered at trial, making necessary record of proceedings and all necessary entries, including calendar of conviction for each prisoner-(Tariff, item 81).

40. Preparing Judge's warrant to bring up the body of prisoner, and delivering same to Sheriff (Tariff, item 82).

41. Issuing Writ of Summons to witness-(Tariff, item 83).

42. Copy of Summons-(Tariff, item 84).

43. Warrant of remand, when issued and delivered to Sheriff (Tarif, item 85).

44. For warrant to arrest, taking and estreating recognizances and proceedings to enforce same-(Tariff, item 86).

R. S. O. 1877, c. 86, Sched. "Clerk of the Peace," Items 38-44.

CONSTABLE.

1. Arrest of each individual upon a Warrant, (if payable by the Crown) -(Tariff, item 1).

2. Serving Summons or Subpoena, (if payable by the Crown)Tarif, item 2).

3. Mileage, (if payable by the Crown)–(Tariff, item 3).

4. Mileage in going to serve Summons or Warrant when the service has not been effected; the Board of Audit being satisfied that due diligence was used, (if payable by the Crown)—(Tariff, item 4).

5. Attending Assizes or Sessions (Tariff, item 8).

6. Attending any Justice on summary trials or on thé examination of Prisoners charged with any crime-(Tariff, items 6 & 7).

7. Taking Prisoners to Gaol, and disbursements necessarily expended n their conveyance (Tariff, item 5).

8. Summoning Jury for Inquest and services at same-(Tariff, item 10). 9. Attending Inquest for each day other than the first-(Tariff, items 11 & 12).

10. Serving Summons or Subpoena to attend before Coroner(Tariff, item 13).

11. Mileage serving same-(Tariff, item 14).

12. Serving notice of appointment of Constables, when personally served-(Tariff, item 23). R. S. O. 1877, c. 86, Sched. "Constable."

CRIER.

1. Making Proclamation for opening or adjourning the Courts of Assize and Nisi Prius, Oyer and Terminer and General Gaol Delivery, and General Sessions-(Tariff, item 1).

2. Making every other Proclamation-(Tariff, item 2.)

3. Calling and Swearing Grand Jury-(Tariff, item 3.)

4. Calling and Swearing every Petit Jury-(Tariff, item 4.)

5. Calling and Swearing every Witness or Constable—(Tariff, item 5.) 6. Attending Assizes and General Sessions (Tariff, item 6.) (R. S. O. 1877, c. 86, Sched. "Crier.")

OTHER MATTERS.

1. The maintenance of Prisoners confined upon criminal chargesThe foregoing item shall extend to and include the maintenance of prisoners convicted by police magistrates, under 38 V. c. 47, Statutes of Canada, for indictable offences, and confined upon such conviction in any common gaol within the Province.

2. A proportion of the Salary of the Gaoler of each County Gaol, and of the payment of Turnkeys

3. Medicines, Fuel and other similar necessaries for the Gaol, and the Prisoners confined on criminal charges

4. Disbursements in transporting Prisoners to the Penitentiary, or Reformatory and for carrying other sentences of the Courts into effect

5. Fee to Gaol Surgeon for the examination of each prisoner eligible for removal or sentenced to Central Prison.

6. Together with all other charges relating to Criminal Justice payable to the foregoing Officers specially authorized by any Act of the Legislature, and immediately before the ninth of June, 1846, payable out of the County funds.

R. S. O. 1877, c. 86, Sched. "Other Matters;" 46 V. c. 8, s. 1.

CHAPTER 87.

An Act to provide for the Payment of Witnesses for the Crown.

INTERPRETATION, s. 1.

WITNESSES IN CASES ABOVE DEGREE

OF MISDEMEANOUR, s. 2.
CASES IN WHICH JUDGE MAY ORDER
CROWN WITNESSES TO BE PAID,
S8. 3-4.

CERTIFICATE REQUIRED TO OBTAIN
ORDER, S. 5.

FORM OF ORDER, ETC., Ss. 6, 7.
PAYMENT BY MUNICIPALITIES, ss. 8, 9.

REIMBURSEMENT BY GOVERNMENT IN

PART, s. 10.

| WITNESSES FROM UNORGANIZED
TRACTS, ss. 11, 12.

WITNESS FEES WHERE RECOVERED
FROM PARTIES, s. 13.
FEE TO COUNTY ATTORNEY
CERTIFICATE, ss. 14, 15.
MISCELLANEOUS, 16-18.

FOR

Interpretation.

"Court."

Fees to witnesses in cases above

misde

meanour.

In certain

cases Crown

be compensated for attendance on

trial.

H

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. In the sections of this Act numbered from 3 to 7 inclusive,

"Court," shall include the High Court, Courts of Oyer and Terminer, General Gaol Delivery, General Sessions of the Peace, and County Judges' Criminal Courts. R. S. O. 1377, c. 87, s. 1.

2. Except as provided in this Act or other Act in that behalf no witness in any cases above the degree of misdemeanour shall be allowed anything for his attendance or travel. R. S. O. 1877, c. 87, s. 2.

3. In case of a prosecution or trial for treason or felony, or witnesses may any offence which is punishable by imprisonment only, or any offence for which whipping may be imposed, the Judge who holds the Court before which the prosecution or trial for the prosecution or offence takes place, may grant, to any one who attends on recognizance or subpoena, or on the request of the Crown Counsel, to give evidence, or who gives evidence, on the part of the Crown, an order for payment of such sum of money as to the Judge seems reasonable and sufficient to compensate the witness for his costs and charges in attending as such witness; but such sum shall not exceed the amount then payable to the like witnesses in civil cases in the High Court; and no allowance shall be made to any witness who resides in the County Town where the offence is tried, or within one mile thereof, except in the case of medical or indigent witnesses. R. S. O. 1877, c. 87, s. 3.

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