« EelmineJätka »
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: provided, that in cases of misdemeanor the power of ordering the payment of expenses and compensation shall not extend to the attendance before the examining magistrale.
XXIV. And be it further enacted, that every order for payment to any pro- Order for paysecutor or other person as aforesaid shall be forthwitb made out and delivered ment to be by the proper officer of the Court unto such prosecutor or other person, upon
cutor or other person non made out by
clerk of assize, being paid for the same the sum of one shilliog for the prosecutor and six
&c. and paid pence for each other person, and no more; and, except in the cases herein. after 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 bave been committed, who is hereby authorized aud required, upon sight s. 6. of every such order, forthwith to pay to the person pamed therein, or to any 18 G. 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 county 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- (38 lodies 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 fand; 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 cominitted, by the overseers or other officers having the collection or disbursement of such last mentioned rale 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 the 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. fish, and from time to time to alter such regulations as to the rate of any costs (18
G. 3. c. 19. and expenses thereafter to be allowed by virtue of this act, as to them shall S. 3.) seem just and reasonable; which regulations having 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 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 such 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 inentioned, 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 compensation to those shall appear to any court of oyer and terminer, gaol delivery, superior criwho have been minal court of a county palatine, or court of great sessions, to have 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 (4 W. & V. & M. M.
woman, or with rape, or with burglary or felonious house-breaking, or with c. 8. 8. 1.
robbery on the person, or with arson, or with horse-stealing, bullock-stealing, 10 & 11 W. 3. c. 23. 8. 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 s. 1.
· been stolen, every such court is hereby authorized and empowered, in any of TAG. 2.6.6. the cases aforesaid, to order the sheriff of the county in which the offence 58 G. 3. c. 70. 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 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 allowing 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 any perbe paid by the son in respect of such apprehension as aforesaid, shall be forthwith made out sheries, who and delivered by the proper officer of the court unto such person, upon being may obtain
paid for the same the sum of five shillings and no more: and the sheriff of the immediate re
county for the time being is hereby authorized and required, upon sight of payment on
Wiestion to such order, forthwith to pay to such person, or to any one duly authorized on the treasure his or her behalf, the money in such order mentioned ; and every such sheriff (38 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 ac36. 1. c. 15. quittance of the person entitled to receive the money thereon, shall forth
with order repayment to the sheriff of the money so by him paid, without any
fee or reward whatsoever. If any man is XXX. And be it further enacted, That if any man shall happen to be killed Milletin af in endeavouring to apprehend any person who shall be charged with any of templang to the oftences hereinbetore last mentioned, it shall be lawful for the court betake certain
fore whom such person shall be tried to order the sheriff of the county to pay
tim odtenders, the
to the widow of the man so killed, in case he shall hare been married, or to court may or
e his child or children in case his wife shall be dead, or to his father or mother this to dis al in cac he shall have left neither wife ner child, such sum of money as to the
court in its discretion shall seem meet: and the order for parment of such fi n 0 money shall be made out and delivered br the proper officer of the court unto
the parts entitled to receive the same, or unte come one oa his or her behalf, te de naised in such order by the directioa of the court, ard every such order
shall be paid brand repaid to the shenit in the maazer berei abefore meation.d. Nannis XXI. And whereas the practice of indiscriminatele estreating recogui
Danes for the appearance of persons te pri cete or give evidence, or to ** to answer for a conuren vault, or in the other cases recenfet specified, has v
dve found in manr interces redactive of here te pares who are enW**"*
tered uz to the sourc; be it there are acted. That i mery ke where aay
even when e bis her dr
hand wrther ruh the re r sarh pesun and strety, and
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 delaxed ; and every such officer sball 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 wberein 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 wbat 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 us reign of king Heury 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. kiog 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 murders 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&2P. & M. of the reign of king Philip and queen Mary, intituled 'An act appointing an c. 13. order to justices of peace for the bailment of prisoners;' and an act passed in the 2 & 3PAM second and third years of the same reign, intituled · An act to take examina
c. 10. tion 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 4W.&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 An 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 certificate therein 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. s. I. 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 Anné, c. 31. housebreakers, except the special provision affecting the sheriffs and undersheriffs of London and Middlesex; and an act passed in the sixth year of the 66.1.6. 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. reign of king George the Second, intitutled “ An act for the better preventing s. 11. thefts 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.
seventh year of the same reign, intituled An act for the better securing to constables and others the expenses of conveying offenders to gaol, and for allowing the charges of poor persons bound to give evidence against felons,' as
relates to the allowance of compensation to poor persons appearing on recog18 G. 3. c. 19. nizance to give evidence against any one accused of felony; and so much of s. 7, 8. an act passed in the eighteenth year of the reign of king George the Third,
intituled . An act for the payment of costs to parties on complaints determined before justices of the peace out of sessions; for the payment of the charges of constables in certain cases; and for the more effectual payment of charges to witnesses and prosecutors of any larceny or other felony, as relates to payments and allowances to prosecutors and other persons appearing on recognizance or subpæna to give evidence as to any felony, and to rules and regula
tions toucbing the costs and charges to be allowed to such prosecutors and 43 G. 3. c. 59. persons; aud so much of an act passed in the forty-third year of the same s. 3.
reign, intituled 'An act for remedying certain defects in the laws relative to the building and repairing of county bridges and other works maintained
at the expense of the inhabitants of counties in England,' as relates to las43 G. 3. c. 113. ing the property in the surveyor of county bridges in any indictinent; and so $. 5.
much of an act passed in the same year, for providing, among other things, for the more convenient trial of accessories in felonies, as relates to the trial of accessories, except the special provisions therein contained as to ac
cessories before the fact in murder; and an act passed in the fifty-sixth 56 G. 3. c. 73.
year of the same reign, intituled. An act for removing difficulties in the conviction of offenders stealing property from mines;' and an act passed in the
fifty-eighth year of the same reign, intitutled · An act for repealing such 58 G. 3. c. 70. parts of several acts as allow pecuniary and other rewards upon the conviction
of persons for highway robbery and other crimes and offences; and for facilitating the means of prosecuting persons accused of felony and other offences, except so much thereof as relates to disorderly houses; and an act passed in
the fifty-ninth year of the same reign, intituled 'An act to facilitate the trial 59 G.3. c. 27. of felonies committed on board vessels employed on canals, navigable rivers,
and inland navigations ;' and another act passed in the same year, intituled 59 G. 3. c. 96. An act to facilitate the trials of felonies committed on stage-coaches and
stage-waggons and other such carriages, and of felonies committed on the
boundaries of counties ;' and an act passed in the first year of his present Ma1 G. 4. c. 102. jesty's reign, for making general the provisions of the said recited act of the
fifty-sixth year of the reign of king George the Third ; and so much of an act 3 G. 4. c. 38. passed in the third year of the present reign, intituled 'An act for the further
and more adequate punishment of persons convicted of manslaughter, and of servants convicted of robbing their masters, and of accessories before the fact to grand larceny and certain other felonies,' as provides that accessories be
fore the fact may be indicted for a misdemeanor; and so much of another act 3 G. 4. c. 126. passed in the same year, intituled An act to amend the general laws now in S. 60.
being for regulating turnpike roads in that part of Great Britain called England, as relates to stating in any indictment any things to be the property of
the clerk to the trustees or commissioners, as therein mentioned; and an act 6 G. 4. c, 56. passed in the sixth year of the present reign, intituled • An act to amend two
acts for removing difficulties in the conviction of offenders stealing property in mines and from corporate bodies,'shall be and the same are hereby repealed, except so far as any of the said acts relate to Scotland or Ireland, or repeal the whole or any part of any other acts, and except as to offences committed before the passing of this act, which shall be dealt with and punished as if this act had not been passed.
GEORGII IV. REGIS.
dr Act for consoliduting and amending the Statutes in England relative to Offences against the Person.
[27th June, 1828.]
Whereas it is expedient to repeal various statutes now in force in that part of the United Kingdom called England, relative to offences against the person, in order that the provisions contained in those statutes may be amended and consolidated into this act; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same, That so much of the great charter made in the Repeal of ninth year of the reign of King Henry the Third, as relates to inquisitions of 91.3. 26. life or member; and so much of a statute made in the fifty-second year of 52 H. 3. c. 25. the same reign, as relates to murder; and so much of a statute made in the 3 Ed. 1. c. 11 third year of the reign of King Edward the First, as relates to inquests of and 13. murder, and the writ of Odio et alid, and to any person ravishing or taking 4 Ed. I. st. 3. away by force any female as therein mentioned ; and so much of a statute c. 5. made in the fourth year of the same reign, intituled “ The statute of bi. 6 Ed. 1. c. 9.
a ciuth gamy," as relates to bigamists, and so much of a statute made in the sixth
13 Ed. 1. st. 1.
c. 29 and 34. year of the same reigo, as relates to any person killing another by misfor
ror9 Ed. 2 st. 1. lane or in his own defence, or in other manner without felony; and so much 3 of a statute made at Westminster in the thirteenth year of the same reign, as 18 Ed. 3. st. 3. relates to the writ of Odio et atid and to rape ; and so much of a statute made c. 2. in the ninth year of the reigu of King Edward the Second, commonly 25 Ed. 3. st. 5. called Articuli Cleri, as relates to laying violent hauds on a clerk; Part of c. 2. and so much of a statute made in the eighteenth year of the reign of 50 Ed. 3. c. 5. king Edward the Third, as relates to bigamists; and so much of a statute lRich. 2. c. 15. made in the twenty-fifth year of the same reign, as relates to petit treason;
6 Rich. 2.st. I. and so much of a statute made in the fiftieth year of the same reign, as re
c. 6. lates to the arrests of persons of holy church; and so much of a statute made
5 H. 4. c. 5.
5 H. 4. c. 6. in the first year of the reign of king Richard the Second, as relates to the like 2 :3 5: arrests; and so much of a statute made in the sixth year of the same reign, as c. 9. relates to ravishers, and to women ravished ; and so much of a statute made 11 H. 6. c. 11. in the fifth year of the reign of king Henry the Fourth, as relales to cutting the tongues or putting out the eyes of any the king's liege people, and to any assault upon the servant of a knight of the sbire in parliament; and so much of a statute made in the second year of the reign of king Henry the Fifth, as 3 H. 7. c. 2. relates to persons fleeing for murders, manslaughters, robberies, and batteries; and so much of a statute made in the eleventh year of the reign of king
i Henry the Sixtb, as relates to any assault or affray made to any lord, knight of the shire, citizen, or burgess being and attending at the parliament or other council of the king; and an act passed in the third year of the reign of king Henry the Seventh, intituled · Au act against taking away of women 12 H. 7. c.7. against their wills ;' and an act passed in the same year, intituled . An act that 24 H. 8. c. 5.