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overseers.

trustees.

repairing any bridge, or any highway at the ends thereof, or any court or other such building as aforesaid, or to be used in or with any such court or other building, it shall be sufficient to state any such property, real or personal, to belong to the inhabitants of such county, riding, or division; and it shall not be necessary to specify the names of any of such inhabitants.

XVI. And with respect to the property of parishes, townships, and hamlets, Property orbe it enacted, That in any indictment or information for any felony or misde- dered for the meanor committed in, upon, or with respect to any workhouse or poorhouse, use of the poor or on or with respect to any goods or chattels whatsoever, provided for the of parisles, use of the poor of any parish or parishes, township or townships, hamlet laid in the or hamlets, place or places, or to be used in any workhouse or poorhouse io or belonging to the same, or by the master or inistress of such work house or (55 G. 3. c. poorhouse, or by any workmen or servants employed therein, it shall be suffi- 137. 8. 1.) cient to state any such property to belong to the overseers of the poor for the time being of such parish or parishes, township or townships, hamlet or hamlets, place or places, and it shall not be necessary to specify the names of all or any of such overseers; and to any indictment or information for any felony Materials, &c. or misdemeanor committed on or with respect to any materials, tools, or im- for repairing plements provided for making, altering, or repairing any highway within any parish, township, hamlet, or place, otherwise than by the trustees or commis be laid to be sioners of any turnpike road, it shall be sufficient to aver that any such things of the surare the property of the surveyor or surveyors of the highways for the time being of such parish, township, hamlet, or place, and it shall not be

necessary

veyor of highto specify the name or names of any such surveyor or surveyors.

ways. XVII. And with respect to property under turnpike trusts, be it enacted, Property of That in any indictment or information for any felony or misdemeanor com- turnpike trusmitted in or on or with respect to any house, building, gate, machine, lamp,

tees may be board, stone, post, fence, or other thing, erected or provided in pursuance of Jaid in the any act of parliament for making any turnpike road, or any of the conve

(3 G. 4. c. 126. niences or appurtenances thereunto respectively belonging, or any materials,

s. 60.) tools, or implements provided for making, altering, or repairing any such . road, it shall be sufficient to state any such property to belong to the trustees or commissioners of such road, and it shall not be necessary to specify the Dames of any of such trustees or commissioners.

XVII. And with respect to property under commissioners of sewers, be it In indictments caacted, That in any indictment or information for any felony or misdemeanor for offences committed on or with respect to any sewer or other matter within or under committed on the view, cognizance, or management of any commissioners of sewers, it shall sewers, the be sufficient to state any such property to belong to the commissioners of property may sewers within or under whose view, cognizance, or management, any such be laid in the things shall be, and it shall not be necessary to specify the names of any of commissionsuch commissioners.

XIX. And for preventing abuses from dilatory pleas, be it enacted, That no Indictment indictment or information shall be abated by reason of any dilatory plea of not to abate misaomer or of want of addition, or of wrong addition of the party offering by dilatory such plea, if the Court shall be satisfied by affidavit or otherwise of the truth plea of misof such plea : but in such case the Court shall forth with cause the indictment nomer, &c. or soformation to be amended according to the truth, and shall call upon such party to plead thereto, and shall proceed as if no such dilatory plea had been pleaded.

XX. And that the punishment of offenders may be less frequently inter- What defects cepted in consequence of technical niceties, be it enacted, That no judgment shall not viupon any indictment or information for any felony or misdemeanor, whether tiate an inafter verdict or outlawry, or by confession, default, or otherwise, shall be dictment after stayed or reversed for want of the averment of any matter unnecessary to be verdiot, or proved, nor for the omission of the words “as appears by the record,” or of otherwise. the words with force and arms," or of the words “ against the peace,” nor for the insertion of the words “ against the form of the statute,” instead of the words against the form of the statutes," or vice versd, nor for that any person or persons mentioned in the indictment or information is or are designated by a naine of office or other descriptive appellation instead of his, her, or their proper name or names, nor for omitting to state the time at which the oflence was committed, in any case where time is not of the essence of the offence, nor for statiog the time imperfectly, por for stating the offence to have been committed on a day subsequent to the finding of the indictment or

ers.

persons at

exhibiting the information, or on an impossible day, or on a day that never happened, nor for want of a proper or perfect venue, where the Court shall appear by the indictment or information to have had jurisdiction over the

offence. What sball not XXI. And be it further enacted, That no judgment aller verdict upon any be sufficient to indictment or information for any felony or misdemeanor shall be stayed or stay or reverse reversed for want of a similiter, nor by reason that the jury process has been judgment after awarded to a wrong officer upon an insufficient suggestion, nor for any misthe verdict.

nomer or misdescription of the officer returning such process, or of any of the jurors, por because any person has served upon the jury who has not been returned as a juror by the sheriff or other officer: and that where the offence charged has been created by any statute, or subjected to a greater degree of punishment, or excluded from the benefit of clergy by any statute, the indictment or information sball after verdict be held sufficient to warrant the punishment prescribed by the statute if it describe the offence in the words of

the statute. Courts may XXII. And, with regard to the payment of the expenses of prosecutions for order payment felony, be it enacted, That the Court before which any person shall be proofthe expenses secuted or tried for any felony is hereby authorized and empowered, at the of prosecu

request of the prosecutor or of any other person, who shall appear on recogtions in all

nizance or subpæna to prosecute or give evidence against any person accused cases of felony. (58 G. 3. of any felony, to order payment unto the prosecutor of the costs and expenses c. 70. s. 4.)

which such prosecutor shall incur in preferring the indictment, and also payment to the prosecutor and witnesses for the prosecution, of such sums of noney as to the Court shall seem reasonable and sufficient to reimburse such prosecutor and witnesses for the expenses they shall have severally incurred in atlending before the examining magistrate or magistrates and the grand jury,

and in otherwise carrying on such prosecution, and also to compensate them Allowance to for their trouble and loss of time therein ; and, although no bill of indictment

be preferred, it shall still be lawful for the Court, where any person shall, in tending on re- the opinion of the Court, bona fide have attended the Court in obedience to cognizance, any such recognizance or subpæna, to order payment unto such person of such where no bill

sum of money as to the Court shall seem reasonable and sufficient to reimis preferred. burse such person for the expenses which he or she shall have bona fide in(18G. 3. c. 19. curred by reason of attending before the examining magistrale or magistrates, $. 8.)

and by reason of such recognizance or subpæna, and also to compensate such person for trouble and loss of time; and the amount of the expenses of altending before the examining magistrate or magistrales, and the compensation for trouble and loss of time therein shall be ascertained by the certificate of such magistrate or magistrates, granted before the trial or attendance in court, if such magistrate or magistrates shall think fit to grant the same; and the amount of all the other expenses, and compensation, shall be ascertained by the proper officer of the Court, subject nevertheless to the regulations to be

established in the manner hereinafter mentioned. Courts may

XXIII. And whereas for want of power in the Court to order payment of order payment the expenses of any prosecution for a misdemeanor, many individuals are deof the expenses terred by the expense frona prosecuting persons guilty of misdemeanors, who of prosecution therehy escape the punishment due to their offences; for remedy thereof, be in certain

it enacted, that where any prosecutor or other person shall appear before any cases of mis- court on recognizance or subpena, to prosecute or give evidence against any demeanor.

person indicted of any assault with intent to commit felony, of any altempt to commit felony, of any riot, of any misdemeanor for receiving any stolen property knowing the same to have been stolen, of any assault upon a peace officer in the execution of his duty, or upon any person acting in aid of such officer, of any neglect or breach of duty as a peace officer, of any assault committed in pursuance of any conspiracy to raise the rate of wages, of knowingly and designedly obtaining any property by false prétences, of wilsul and indecent exposure of the person, of wilful and corrupt perjury, or of subornation of perjury, every such court is hereby authorized and empowered to order payment of the costs and expenses of the prosecutor and witnesses for the prosecution, together with a compensation for their trouble and loss of time, in the same manner as courts are hereinbefore authorized and empowered to order the same in casis of felony; and, although no bill of iudictinent be preferred, it shall still be lawful for the Court wiere any person shall have bond fide attended the Court, in obedience to any such recognizance, to order pay

ment of the expenses of such person, together with a compensation for his or
her trouble and loss of time, in the same manner as in cases of felony: pro-
vided, that in cases of misdemeanor the power of ordering the payment of
expenses and compensation shall not extend to the altendance before the exa-
mining magistrate.
XXIV. And be it further enacted, that every order for payment to any pro-

Order for pay. secutor or other person as aforesaid shall be forihwitb made out and delivered ment to be by the proper officer of the Court unto such prosecutor or other person, upon clerk of assize, being paid for the same the sum of one shilling for the prosecutor and six

&c. and paid pence for each other person, and no more; and, except in the cases bereiu. by county alles provided for, shall be made upon the treasurer of the county, riding, or treasurer? division in which the offence shall have been committed, or shall be supposed (58 G: 3.c.70. to have been committed, who is hereby authorized and required, upon sight s. 6. of every such order, forth with to pay to the person named therein, or to any 18 6.3. c. 19. one duly authorized to receive the same on his or her behalf, the money in s. 8.) such order mentioned, and shall be allowed the same in his accounts.

XXV. And whereas felonies and such misdemeanors as are hereinbefore How the exenumerated may be committed in liberties, franchises, cities, towns, and penses shall be places which do not contribute to the payment of any county rate, some of paid in places which raise a rate in the nature of a couniy rate, and others have neither any not contributsuch rate, nor any fund applicable to similar purposes, and it is just that such ing to the liberties, franchises, cities, towns, and places should be charged with all costs, county rate, expenses, and compensations ordered by virtue of this act, in respect of fe- (58 6.3.c. 70. lonies and such misdemeanors committed therein respectively; be it therefore s. 9 and 10.) 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 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 in such liberties, franchises, cities, towns, or 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 dishursement of such last mentioned Tale 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.

XXVI. And, for ihe better regulation of costs and expenses in the cases Quarter sesaforesaid, and for preventing abuses in respect thereof, be it enacted, that it sions to make shall be lawful for the justices of the peace of any county, riding, or division, regulations as or of any liberty, franchise, city, town, or place chargeable with costs and ex- to costs and peases under the provision aforesaid, in quarter sessions assembled, to estab. expenses. lish, and from time to time to alter such regulations as to the rate of any costs (18G. 3. c. 19. and expenses thereafter to be allowed by virtue of this act, as to them shall s. 9.) seem just and reasonable; which regulations having received the approbation and siguature 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 of Admiralty to order the pay- For payment ment of the costs and expenses of prosecutors and witnesses, and compensa- of expenses in tion for their trouble and loss of time, in cases in which other courts have a prosecutions like power under this act, be it enacted, that it shall be lawful for the Judge in Court of of the said Court of Admiralty, in every case of felony, and in every case of Admiralty. misdemeanor of the denominations hereinbefore enumerated, committed upon the high seas, to order the assistant to the counsel for the affairs of the admiralty and navy to pay such costs, expenses, 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 sueb order, forth with 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. Aud, for the better remuneration of persons who have been active Courts may in the apprehension of certain offenders, be it enacted, that where any person order compen

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sation to those shall appear to any court of over and terminer, gaol delivery, superior criwho have been minal court of a county palatine, or court of great sessions, to bave been acactive in the tive in or towards the apprehension of any person charged with murder, or apprehension with feloniously and maliciously shooting at, or attempting to discharge any of certain of kind of loaded fire arms at any other person, or with stabbing, cutting, or fenders.

poisoning, or with administering any thing to procure the miscarriage of any (4W. & M.

woman, or with rape, or with burglary or felonious house-breaking, or with c. 8. s. 1. 10 & 11 W.

robbery on the person, or with arson, or with horse-stealing, bullock-stealing,

3. c. 23. s. 1, 2.

or sheep.stealing, or with being accessory before the fact to any of the offences 5 Ann. c. 31.

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 14 G. 2. c. 6. the cases aforesaid, to order the sheriff of the county ini which the offence 58 G. 3. c. 70. shall have been committed to pay to the person or persons, who shall appear 8. 4 & 5. 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 per-
sons for his, her, or their expenses, 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 apprehension 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 hereinbefore mentioned ; provided always, that
nothing herein contained shall prevent any of the said courts from also allow-
ing to any such persons, if prosecutors or witnesses, such costs, expenses, and
compensation, as courts are by this act empowered to allow to prosecutors

and witnesses respectively. Such orders to XXIX. And be it further enacted, that every order for payment to ayy perbe paid by the son in respect of such apprehension as aforesaid, shall be forthwith made out sheriff, who

and delivered by the proper officer of the court unto sach person, úpon being immediate re

paid for the same the sum of five shillings and no more; and the sheriff of the

county for the time being is hereby authorized and required, upon sight of payment on application to

such order, forthwith to pay to such person, or to any one duly authorized on the treasury.

his or her behalf, the money in such order mentioned; and every s'ich sheriff (58 G. 3. c. 70. may immediately apply for repayment of the same to the commissioners of

his Majesty's treasury, who upon inspecting such order, together with the ac3 G. 1. c. 15. quittance of the person entitled to receive the money thereon, shall forth8. 4.)

with order repayment to the sheriff of the money so by bim paid, without any

fee or reward whatsoever. If any man is XXX. Aud be it further enacted, That if any man shall happen to be killed killed in at

in endeavouring to apprehend any person who shall be charged with any of tempting to

the offences hereinbefore last mentioned, it shall be lawful for the court betake certain offenders, the

fore whom such person shall be tried to order the sheriff of the county to pay court may or

to the widow of the man so killed, in case he shall have been married, or to der compensa

his child or children in case his wife shall be dead, or to his father or mother tion to his fa- in case he shall have left neither wife por child, such sum of money as to the mily. court in its discretion shall seem meet; and the order for payment of such (58'G. 3. c.70. money shall be made out and delivered by the proper officer of the court unto 3. 3.)

the party entitled to receive the same, or unto some one on his or her behalf,
to be nained in such order by the direction of the court; and every such order

shall be paid by and repaid to the sheriff in the manner hereinbefore mentioned. Recognizances XXXI. And whereas the practice of indiscriminately estreating recogniin certain zances for the appearance of persons to prosecute or give evidence, or to

answer for a common assault, or in the other cases hereinafter specified, has be estreated been found in many instances productive of hardship to persons who have enwithout a tered into the same; be it therefore enacted, That in every case where any judge's order. person bound by recognizance for his or her appearance, or for whose ap

pearance any other person shall be so bound to prosecute or give evidence in
any case of felony or misdemeanor, or to answer for any common assault, or
to articles of the peace, or to abide an order in bastardy, shall therein make
default, the officer of the court hy whom the estreats are made out shall and
is hereby required to prepare a list in writing, specifying the name of every
person so making default, and the pature of the offence in respect of wbich
every such person, or his or her surety, was so bound, together with the re-
sidence, trade, profession, or calling of every such person and surety, and
sball in such list distinguish the principals from the sureties, and shall state

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the cause, if known, why each such person bas not appeared, and whether by reason of the non-appearance of such person the ends of justice have been defeated or delayed ; and every such officer shall and is bereby required, before any such recognizance shall be estreated, to lay such list, if at a court of oyer and terminer or gaol delivery in any county besides Middlesex and London, or at a court of great sessions, or at one of the superior courts of the counties palatine, before one of the justices of those courts respectively; if at a court wherein a recorder or other corporate officer is the judge or one of the judges, before such recorder or other corporate officer; and if at a session of the peace, before the chairman or two other justices of the peace who shall have attended such court, who are respectively authorised and required to examine such list, and to make such order touching the estreating or putting in process of any such recognizance as shall appear to them respectively to be just; and it shall not be lawful for the officer of any court to estreat or put in process any such recognizance without the written order of the justice, recorder, corporale officer, chairman, or justices of the peace before whom respectively such list shall have been laid.

XXXII. And be it further enacted, That from and after the commencement Repeal of the of this act, so much of a statute made at Westminster in the third year of the acts. reign of king Edward the First, as provides what prisoners shall not be reple- 3 Ed. 1. c. 15. visable and what shall be so; and a statute made in the seventh year of the

7 H. 5. reign of king Heory the Fifth ; and so much of a statute made in the ninth

9 H.5. c. 1. year of the same reign, as relates to indictments and appeals laid in a nonexisting place; and so much of a statute made in the eighteenth year of the 18 H.6.c. 12. reiga of king Henry the Sixth, as perpetuates the said provision of the statute last referred to; and so much of a statute made in the twenty-third year of the 23 H. 6. c. 9. same reign, as relates to sheriffs and other officers and ministers therein mentioned letting out of prison upon sureties any person in custody upon indictment; and an Act passed in the first year of the reign of King Richard the 1 R. 3. c. 3. Third, intitutled “ An act for bailing of persons suspected of felony, and so 3 H.7. c. 3. much of an act passed in the third year of the reign of king Henry the Seventh, intituled "An act that justices of the peace may take bail, as relates to bail or mainprize; and an act passed in the twenty-fifth year of the reign of 25 H. 8.c. 3. king Henry the Eighth, intituled • An act for standing mute, and peremptory challenge; and so much of an act passed in the thirty-second year of the same 32 H. 8. c. 3. reign, intituled. For the continuation of acts,' as perpetuates the said lastmentioned act; and an act passed in the second and third years of the reign of 2 & 3 Ed. 6. c. king Edward the Sixth, intituled · An act for the trial of inurders and felonies 42. in several counties:' and an act passed in the fifth and sixth years of the same 5 & 6 Ed. 6. c. reign, intituled • An act to take away the benefit of clergy from such as rob in 10. one shire and fly into another ;' and an act passed in the first and second years 1 & 2 P. & M. of the reign of king Pbilip and queen Mary, intituled • An act appointing an order to justices of peace for the bailment of prisoners;' and au act passed in the

2 & 3 P. & M. second and third years of the same reign, intituled . An act to take examination of prisoners suspected of manslaughter or felony ;' and an act passed in the fourth year of the reign of king William and queen Mary, intituled . An 4 W. & M.c.8. act for encouraging the apprehending of highwaymen ;' and so much of an 10 & 11 W.3. act passed in the tenth and eleventh years of the reign of king William, inti- c. 23. taled · Au act for the better apprehending, prosecuting and punishing of felons that commit burglary, bouse-breaking or robbery in shops, warehouses, coachhouses, or stables, or that steal horses, as relates to the certificatetherein mentioned; and so much of an act passed in the first year of the reign of queen 1 Anne, st. 2. Anne, intituled • An act for punishing of accessories to felonies and receivers c. 9. 8. 1. of stolen goods; and to prevent the wilful burning and destroying of ships,' as relates to accessories ; and an act passed in the sixth year of the same Vulgo, reign, intitled 'An act for the encouraging the discovery and apprehending of 5 Anne, c. 31. housebreakers, except the special provision affecting the sberilis and undersheriffs of London and Middlesex ; and an act passed in the sixth year of the

6 G. 1. c. 23. reign of king George the First, intituled “An act for the further preventing robbery, burglary, and other felonies; and for the more effectual transportation of felons, and so much of an act passed in the twenty-fifth year of the 25 G. 2. c.36. reiga of king George the Second, intituiled · An act for the better preventing s. 11. thests and robberies: and for regulating places of public entertainment, and punishing, persons keeping disorderly houses,' as relates to payments to prosecutors in cases of felony; and so much of an act passed in the twenty- 27 G. 2. c. 3.

c. 13.

c. 10.

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