Appndx. rules and regulations herein contained, as well by the examining magistrate or magistrates as by the courts herein mentioned, except only in the case of an attorney for the prosecution giving evidence: Provided always, that whenever any allowances hereinbefore authorized under the head of exceptions, shall have been made, the circumstances under which the general rate of allowances shall be departed from shall in all cases be fully specified by the proper officer of the court, or magistrate, upon the document by which such allowances shall be authorized. And lastly, I do order that, notwithstanding anything herein contained, all lawful rules and regulations heretofore made and in force, under or by reason whereof allowances to a less amount that those hereby authorized are now payable in the cases herein before provided for, shall be and remain in as full force and effect as if this order had not been made, and shall continue to apply to the persons and the circumstances thereby provided for, although such persons and circumstances may be comprehended within the terms hereof, and that the said rules and regulations shall so far remain unaffected by this order, and that nothing herein contained shall have the effect of increasing the amount of any rates or allowances which may be lawfully made under such rules and regulations; it being the true intent and meaning hereof that such rules and regu lations shall be and remain unaltered, further or otherwise than in the reduction of allowances to prosecutors and witnesses where the rates thereof shall be in excess of those herein contained. Given under my hand at Whitehall, the ninth day of February, one thousand eight hundred and fifty-eight. (Signed) G. GREY. ORDER. DATED 14TH FEBRUARY, 1863. WHEREAS on the 9th day of February, 1858, I, the Right Honourable Sir George Grey, one of Her Majesty's principal secretaries of state, did, under and by virtue of the provisions of a certain Act, made and passed in the fifteenth year of the reign of Her present Majesty, entitled "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," make certain rules and regulations as to the rates and scales of payment of the costs, expenses, and compensations therein referred to; and whereas it appears to me to be desirable and expedient that certain of the said regulations shall be altered, that is to say, that To prosecutors and witnesses being constables, and paid by salary, if they shall necessarily be detained all night, for the purposes of the prosecution, there shall be allowed a sum for the night, not to exceed, at assizes, 2s. 6d. ; at sessions, 2s.; instead of the sum of 2s. allowed by the regulation of the 9th February, 1858, for the detention all night at either assizes or sessions. And further, that in lieu of the words (under the head of "Exceptions "), "I do authorize payment to the officer of a gaol, whose duties require his attendance in the court where the prosecution takes place, for giving evidence on a former conviction, a sum not Appndx. Appndx. to exceed 3s. 6d.," there shall be inserted the follow ing words: "I do authorize payment to the governor of a gaol attending to prove a former conviction in any court, not being within the county, riding, town, borough, or other jurisdiction in which the gaol of which he is governor is situate, a sum for each day not to exceed 7s. And when such governor shall be detained all night for such purpose, he shall receive in addition, for the night's detention, the same allowance as other witnesses." When the attendance of any other officer of the gaol is required for such purpose in any court, not being within the county, riding, town, borough, or other jurisdiction, in which the gaol of which he is such officer is situate, I do authorize the payment to him of a sum not to exceed 3s. 6d. per day, and if detained all night, the same sum in addition as that allowed to other witnesses. I do authorize payment to the officer of a gaol, whose duties require his attendance in the court where the prosecution takes place, for giving evidence of a former conviction, a sum not to exceed 3s. 6d. And further, also, that in lieu of the words "And whereas it may become necessary, &c., &c., &c.,” there shall be inserted the following words :— “And whereas it may become necessary in certain cases that persons, unacquainted with the facts to be given in evidence upon the prosecution, may be required to attend as witnesses, in order to state their opinion on matters as to which such opinion is admissible in evidence; and it is reasonable in such cases that the foregoing rates of allowance should be departed from, I hereby direct that the allowances Appndx. to be made to such persons shall be subject to the decision of the court before which such persons may be examined, which may direct such allowances as to such court may appear reasonable." Finally, I do direct that the foregoing altered regulations shall take effect and be in force in all places where the regulations made by me on the 9th day of February, 1858, now are (or hereafter shall be) in force. Given under my hand at Whitehall, this 14th day of February, 1863. Appndx. IV. RULES OF THE HIGH COURT OF JUSTICE UNDER THE SUMMARY JURISDICTION ACT, 1879. 1. Short title 2. Commencement 3. Register 4. Special appropriation of fine under a statute 6. Form of account of fines, &c. 7. Rule as to sums of which payment is deferred or to be made by instalments PAGE 514 514 514 514 514 515 515 8. Provision for dispensing with unnecessary accounts 515 9. Entry of receipts by clerk ... 10. Remitted fees book 516 11. Crown fines 14. Security book ... 13. Form of security under Act 12. Application of sum due under forfeited security 516 516 517 15. Notice to principal of forfeiture of security... 517 16. Mode of application to vary order for sureties 517 513 518 518 20. Service of judgment summons 21. Issue and proof of service of judgment summons 23. Adjournment of hearing of judgment summons 25. Date of order of commitment 26. Payment by judgment debtor 30. Forms ... |