Appndx.

10. Where recognizances shall have been entered Governor of into for the appearance of any person to take his bring up the trial for any offence at any court of criminal jurisbody of any diction, and a bill of indictment shall be found

prison to

person

indicted, without writ of habeas

against him, and such person shall be then in the prison belonging to the jurisdiction of such court, corpus, un- under warrant of commitment, or under sentence

der order

of court.

for some other offence, it shall be lawful for the court, by order in writing, to direct the governor of the said prison to bring up the body of such person in order that he may be arraigned upon such indictment without writ of habeas corpus, and the said governor shall thereupon obey such order.

Appndx.

III. SCALE OF ALLOWANCES TO PROSE-
CUTORS AND WITNESSES.

ORDERS OF SECRETARY OF STATE PRESCRIBING
SCALE OF ALLOWANCES TO PROSECUTORS
AND WITNESSES UNDER 14 & 15 VICT. c. 55, s. 5.
[9th February, 1858, and 14th February, 1863.]

WHEREAS it is expedient to make regulations as
to the rates and scales of payment according to
which costs, expenses, and compensation shall be
allowed and ordered to be paid under the Act of the
seventh year of the reign of King George the Fourth,
cap. 64, and divers other Acts of parliament autho-
rizing such payments to prosecutors and witnesses,
and to persons attending courts in obedience to
recognizances or subpoenas in the cases of criminal
prosecutions, for their travelling expenses and
trouble and loss of time incurred in attending such
courts, and also to make regulations as to the rates
and scales of payment according to which certificates
may be granted by the examining magistrate or
magistrates in respect of the travelling expenses of
prosecutors, and witnesses for the prosecution, and
other persons, of attending before such magistrate
or magistrates, and of compensation for trouble and
loss of time therein in the cases aforesaid: And
whereas to the end aforesaid, it has become neces-
sary to revoke divers regulations made under the
26th section of the said Act, hereinbefore recited :
Now I, the Right Honourable Sir George Grey,
acting under and in pursuance of a certain Act of

Appndx. parliament made and passed in a session of parliament holden in the fourteenth and fifteenth years of the reign of her present Majesty, intituled "An Act to amend the Law relating to the Expenses of Prosecutions, and to make further Provision for the Apprehension and Trial of Offenders in certain Cases," do revoke, annul, and make void all rules and regulations made under the said 26th section of the said Act, whereby any costs, expenses, and compensations may be allowed or ordered to be paid to such prosecutors and witnesses, or other persons attending on recognizances or subpoena, for their travelling expenses, trouble, and loss of time in attending before such courts or before such examining magistrate or magistrates, to a larger or greater amount than the allowances hereinafter authorized to be made in that behalf: and I do make, constitute, and appoint the following rules and regulations to be observed by all courts and magistrates, and the officers and clerks of such courts and magistrates, and by all others whom it may concern, as to the rates and scales of payment of such costs, expenses, and compensation; and I do direct that the same shall take effect and be in force in all places where the same may be capable of taking effect, that is to say,

1. I do make, constitute, and appoint the following rules and regulations as to the rates and scales of payment according to which such certificates may be granted by such examining magistrate or magistrates, in respect of the travelling expenses of prosecutors and witnesses, for the prosecution of attending before such magistrate or magistrates, and of compensation for their trouble and loss of time therein in the cases aforesaid, namely :

:

There may be allowed to prosecutors or witnesses being members of the profession of the law, or of medicine, if resident in the city, borough, parish, town or place where the examination is taken, or within a distance not exceeding two miles from such place, for their loss of time and trouble in attending to give professional evidence on such examination, but not otherwise, a sum in the discretion of the magistrate or magistrates, for each attendance not to exceed

If such prosecutor or witness shall reside elsewhere, then a sum for the same not to exceed

£ s. d. Appndx.

- 0 10 6

And for mileage, a sum not to exceed 3d. per
mile each way.

To prosecutors and witnesses being constables
attending the bench of magistrates where such
examination is taken on any police duty, and to
constables paid by salary, and attending from a
distance not exceeding three miles, there shall be
allowed

1 1 0

Nil.

0 1 0

Unless the magistrate or magistrates shall certify
that there were special reasons for making an
allowance, and shall specify such reasons upon his
or their certificate, and then a sum not to exceed
for each day
To prosecutors and witnesses being constables paid
by salary, and not attending the magistrate or
bench of magistrates on any police duty, for their
trouble in attending such examination, from a
distance greater than three miles, and not exceed-
ing seven miles from the place where the exami-
nation is taken, a sum not to exceed for each
day
To the same if attending from a distance greater
than seven miles from the place where the exami-
nation is taken, a sum not to exceed for each day 0 1 6
To prosecutors and witnesses being constables paid
by salary, if necessarily detained all night for the
purposes of the examination, a sum for the night
not to exceed

- 0 1 0

- 0 2 0 (The said allowances to prosecutors and witnesses being constables paid by salary, are to be conditional, upon the same being applicable for their personal benefit.)

To prosecutors and witnesses being constables necessarily travelling to the place of examination in discharge of any police duty, there shall be allowed for mileage

Nil.

Appndx.

(Unless the examining magistrate or magistrates
shall certify that there were special reasons
for making an allowance, and shall specify
the same upon the certificate, and then the
same as other constables.)

To prosecutors and witnesses being constables not
attending the place of examination in discharge of
a police duty, and entitled to be conveyed under
7 & 8 Vict. c. 85, s. 12, and able to travel by rail-
way, there shall be allowed mileage as follows:-
To superintendents, inspectors, serjeants, and
constables, the lowest amount per mile autho-
rized by Act of Parliament for their convey.
ance and no larger sum;

To prosecutors and witnesses being constables
able but not so entitled to travel, and not
attending the place of examination on any
police duty, there shall be allowed for mileage,
railway fare, the same as to ordinary wit-

nesses;

To prosecutors and witnesses being constables
not able to travel by railway, and not atend
ing the magistrate or magistrates on anypolice
duty, for every mile beyond 4 miles each way
they shall travel to reach the place of exami-
nation, a sum not to exceed each way, 2d.;
To prosecutors and witnesses being constables
able partially to travel by railway, for every
mile after the first four miles each way, in
reaching such means of conveyance, a sum
not to exceed 2d., and railway fare as other
constables.

To prosecutors and witnesses not herein before pro-
vided for, resident in the city, borough, parish,
town, or place where the examination is taken, or
within a distance not exceeding two miles from
such place, for their trouble and loss of time in so
attending, there shall be allowed a sum for each
day, not to exceed

If resident elsewhere and beyond the distance of two
miles, or if such prosecutors or witnesses shall
be necessarily detained from home, for the pur-
pose of the examination, more than four hours, a
sum at the like discretion, not to exceed
If they shall be necessarily detained from home
more than six hours, then a sum at the like dis-
cretion, not to exceed

£ s. d.

· 0 10

0 16

0 26