Anonymous. Office.-What is sufficient evidence of, see tions," ante, p. 66; "Dying declarations," ante, p. 77. EXAMINATIONS. See ante, p. 66, tit. "Depositions." EXPENSES. LANCASTER Sum. Assizes, 1827. Attorney's costs not tax able in criminal cases. Anonymous. Question was, whether expenses incurred by an attorney in a criminal proceeding were taxable by the court. Hullock, B., held that they were not. YORK Sum. Assizes, 1828. 7 Geo. 4, c. 64, S. 22. Anonymous. By 7 Geo. 4, c. 64, s. 22, it is provided, that may be allow bill has been "although no bill of indictment be preferred, it shall Expenses still be lawful for the court, where any person shall, ed, though no in the opinion of the court, bona fide have attended preferred. the court in obedience to any recognizance or subpœna, to order payment unto such person of such sum of money as to the court shall seem reasonable and sufficient to reimburse such person for the expenses which he or she shall have bona fide incurred, by reason of attending before the examining magistrate, &c., by reason of such recognizance or subpoena, and also to compensate such person for trouble and loss of time." A prisoner, who was committed on a charge of felony during the assizes, did not reach York Castle until after the grand jury were discharged. Hullock, B., on reference to the above statute, allowed the witnesses their expenses*. Robinson's Case. YORK Sum Assizes, 1828. By 7 Geo. 4, c. 64, s. 28, it is enacted "That 7 Geo. 4, c. 64, where any person shall of oyer s. 28. Reward for activity in active and towards person the apprehen sion of offen der, not al The grand jury for the county of York finished their business on Tuesday in the first week; a circumstance unprecedented in modern times. lowable on an charged (among other offences) with burglary, every indictment for sacrilege. such court is hereby authorized and empowered 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, &c. 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 or their expenses, exertions, and loss of time, in or towards such apprehension." Prisoner was indicted for SACRILEGE, in breaking and entering a church, and stealing various articles therefrom, and it appearing that certain individuals had been "active in and towards" the prisoner's apprehension, application was made for a compensation in money, agreeably to the terms of the above recited act. Per Hullock, B.-" The statute does not extend to a church, although, at common law, a church was called the HOUSE Of god. I am of opinion, that the word 'sacrilege,' if used alone in a statute, would not be construed to come within the words burglary or housebreaking; and that, wherever, in a penal statute, churches are intended to be included, the word "sacrilege" is introduced." Note. At the York Summer Assizes, 1832, a similar application was made to Bolland, B., who, upon the authority of the above case, refused the expenses, though, in the absence of such authority, both he, and Parke, J., would have been disposed to put a different construction upon the statute. Cow's Case. YORK Sum. Assizes, 1829. Application was made to put off the trial of this Expenses not allowed to case, in consequence of the absence of the prosecu- prisoner tor, who, it was alleged, was a material witness. charged with felony, though the trial be put convenience of the pro secutor. It appeared that the prosecutor had left England, off for the on his private affairs; and knowing, that, in due course, the trial would be called on at the present assizes, he had instructed his counsel to apply for a postponement. Littledale, J., granted the application; and thereupon the prisoner's counsel applied for the costs of the day, to reimburse the prisoner for his attendance on the present occasion. But the learned Judge (after conferring with the officer of the court) pronounced that "costs were never allowed to a prisoner charged with felony." Court allow. Note. The prisoner was allowed to go at large; But the and Littledale, J., refused to make him find sureties, to appear to take his trial at the next assizes. ed prisoner to go at large without sure tles to appear at next assizes. YORK Sum. Assizes, 1829. prosecutor request of grand jury. Laycock's Case. Expenses of The prosecutor, in this case, had gone before a disallowed at neighbouring magistrate, and preferred a charge of horse-stealing against the prisoner. The magistrate being of opinion that there was no colour for the felony, dismissed the case. The prosecutor upon this went to a magistrate, who resided at a distance, and preferred the same charge before him, and he, having heard the case, committed the prisoner for trial. A bill of indictment having been preferred against the prisoner at the present assizes, the grand jury threw it out, and requested that the prosecutor's expenses might not be allowed, inasmuch as there was not the least colour for the charge. Littledale, J., acquiesced, and gave directions. accordingly. YORK Sp. Assizes, 1832. Expenses allowed to a In re Mallison. A witness, who had come to York under recogwitness taken nizance, to give evidence on the trial of Rex v. ill while at tending under recogni zance. Brooke, for forgery, became insane, and it was thought necessary to convey him to the lunatic asylum as Wakefield. Maude, counsel for the prosecution, applied for the expenses of medical attendance, during the time that the witness remained in York, after he was |