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Evidence. subornation of perjury, *) and hath endured or shall endure
the punishment to which such offender hath been or shall be 9 Geo. 4, c. 32. adjudged for the same, such offender shall not, after the
punishment so endured, be deemed to be by reason of such misdemeanor an incompetent witness in any court or proceeding, civil or criminal.
EXECUTION OF MURDERERS.
Erpenses in EXPENSES IN FELONY AND MISDEMEANOR. felony and mis- The 18 Geo. 3, c. 19, s. 7 & 8; 58 Geo. 3, c. 70, repealed by demeanor,
7 & 8 Geo. 4, c. 64.
CRIMINAL JUSTICE Act. 7 Geo. 4, c. 64,
7 Geo. 4, c. 64. Courts may or
Sect. XXII. And, with regard to the payment of the exder payment
penses of prosecutions for felony, be it enacted, That the the expenses of
court before which any person shall be prosecuted or tried for prosecutions in all cases of
any felony is hereby authorized and empowered, at the refelony. quest of the prosecutor or of any other person, who shall
appear on recognizance or subpæna to prosecute or give evi
dence against any person accused of any felony, to order pay(58 G. 3, c. 70, ment unto the prosecutor of the costs and expenses $. 4, repealed.) such prosecutor shall incur in preferring the indictment, and
also payment to the prosecutor and witnesses for the prosecution, of such sums of money as to the court shall seem reasonable and sufficient to reimburse such prosecutor and witnesses for the expenses they shall have severally incurred in attending before the examining magistrate or magistrates and the grand jury, and in otherwise carrying on such prose
cution, and also to compensate them for their trouble and Allowance to loss of time therein ; and, although no bill of indictment be persons attend
Perjury at common law is not within the exception, for the statute speaks of such misdemeanors,
preferred, it shall still be lawful for the court, where any per- Expenses in son shall, in the opinion of the court, bonâ fide have attended felony and misthe court in obedience to any such recognizance of subpoena,
demeanor. to order payment unto such person of such sum of money as
7 Geo. 4, c. 64. to the court shall seem reasonable and sufficient to reimburse such person for the expenses which he or she shall have bona ing on recog
nizance, where fide incurred by reason of attending before the examining
no bill is premagistrate or magistrates, and by reason of such recognizance ferred. or subpoena, and also to compensate such person for trouble (18 G. 3, c. 19, and loss of time ; and the amount of the expenses of attending s. 8, repealed.) before the examining magistrate or magistrates, 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.
Sect. XXIII. And whereas for want of power in the court Courts may orto order payment of the expenses of any prosecution for a der payment of misdemeanor, many individuals are deterred by the expense
prosecution from prosecuting persons guilty of misdemeanors, who there in certain cases by escape the punishment due to their offences ; for remedy of misdemeanor, thereof, be it enacted, That where any prosecutor or other per. The Act does son shall appear before any
court on recognizance or subpoena, not apply where to prosecute or give evidence against any person indicted of the indictment any assault with intent to commit felony, of any attempt to has been recommit felony, of any riot, of any misdemeanor for receiving K. B. by cera any stolen property knowing the same to have been stolen, of tiorari. any assault upon a peace officer in the execution of his duty, 8 B. & C. 420 or upon any person acting in aid of such officer, of any neglect Reæ v, Richards, 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 pretences, of wilful and indecent exposure of the person, of wilful and corrupt perjury, or of subornation of perjury, every
Erpenses in such court is hereby authorized and empowered to order payfelony and mis- ment of the costs and expenses of the prosecutor and witdemeanor.
nesses for the prosecution, together with a compensation for
their trouble and loss of time, in the same manner as courts 7 Geo. 4, c. 64.
are hereinbefore authorized and empowered to order the same in cases of felony; and, although no bill of indictment be preferred, it shall still be lawful for the court where any person shall have bona fide attended the court, in obedience to any such recognizance, to order payment 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 magistrate. Order for pay- Sect. XXIV. And be it further enacted, That every order ment to be
for payment to any prosecutor or other person as aforesaid made out by
shall be forthwith made out and delivered by the clerk of assize,
proper &c. and paid
of the court unto such prosecutor or other person, upon being by county trea• paid for the same the sum of 1 s. for the prosecutor, and 6 d. surer. (58 G. 3, for each other person, and no more; and, except in the cases c. 70, s. 6; 18 G. 3, c. 19,
hereinafter provided for, shall be made upon the treasurer of s. 8, repealed.) the county, riding or division in which the offence shall have
been committed, or shall be supposed 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. How the ex
Sect. XXV. And whereas felonies and such misdemeanors penses shall be as are hereinbefore enumerated may be committed in liberties, paid in places franchises, cities, towns and places which do not contribute not contributing to the county
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 (58 G. 3, c. 70, such rate, nor any fund applicable to similar purposes, and it s. 9 & 10, re
is just that such liberties, franchises, cities, towns and places pealed.)
should be charged with all costs, expenses and compensations, ordered by virtue of this Act, in respect of felonies and
such misdemeanors committed therein respectively; be it Expenses in therefore enacted, That all sums directed to be paid by virtue felony and mis
demeanor. of this Act, in respect of felonies and of such misdemeanors as aforesaid, committed or supposed to have been committed 7 Geo. 4, c. 64. 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 disbursement of such lastmentioned 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.
Sect. XXVI. And, for the better regulation of costs and Quarter sessions expenses in the cases aforesaid, and for preventing abuses in to make regularespect thereof, be it enacted, That it shall be lawful for tions as to costs
and expenses. the justices of the peace of any county, riding or division, or
(18 G. 3, c. 19. of any liberty, franchise, city, town or place chargeable with s. 9, repealed.) costs and expenses 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 expenses thereafter to be allowed by virtue of this Act, as to them shall 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,
Note.—The cases of misdemeanor enumerated, in which the new allowance of costs is limited to operate, are
Assault with intent to commit felony,
Expenses in Attempt to commit felony. felony and mis- Riots. demeanor. Receiving stolen property knowing it to have been stolen.
Assault upon a peace officer in the execution of his duty, 7 Geo. 4, c. 64. or upon any person acting in aid of such officer.
Neglects or breaches of duty as a peace officer.
Assaults committed in pursuance of any conspiracy to raise the rate of wages.
Knowingly and designedly obtaining any property by false pretences.
Wilful and indecent exposure of the person.
7 & 8 G.4, c. 29.
7 & 8 Geo. 4. c. 29. Factors pledg
Sect. LI. And be it enacted, That if any factor or agent ing for their
entrusted, for the purpose of sale, with any goods or merown use any goods or docu.
chandize, or entrusted with any bill of lading, warehouse ments relating keeper's or wharfinger's certificate, or warrant or order for to goods en- delivery of goods or merchandize, shall, for his own benefit trusted to them and in violation of good faith, deposit or pledge any such for the of sale , guilty of goods or merchandize, or any of the said documents
, as a misdemeanor. a security for any money or negotiable instrument borrowed
or received by such factor or agent, at or before the time of making such deposit or pledge, or intended to be thereafter borrowed or received, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven
years, or to suffer such other punishment by fine or imprisonNot to extend ment, or by both, as the court shall award ; but no such factor to cases where
or agent shall be liable to any prosecution for depositing or the pledge does not exceed the pledging any such goods or merchandize, or any of the said amount of their documents, in case the same shall not be made a security for lien.
or subject to the payment of any greater sum of money than the amount which, at the time of such deposit or pledge, was.