Appendix. 1826 (7 Geo. 4, c. 64, s. 23), and concerning orders for payment of such costs, expenses, and compensation, and the payment thereof, and all the provisions of any other Act for, concerning, or applicable to the payment of such costs, expenses, and compensation in cases of the said misdemeanors, shall extend and be applicable in the case of any of the misdemeanors hereinafter mentioned; namely, unlawfully taking or causing to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her; conspiring to charge any person with any felony, or to indict any person of any felony; conspiring to commit any felony.

5. Power to Secretary of State to make regulations as to scales of costs, etc.] It shall be lawful for one of her Majesty's principal Secretaries of State .. to make regulations as to the rates or scales of payment of all or any costs, expenses, and compensation to be allowed or ordered to be paid under the said Act or any other Act or this Act to prosecutors and witnesses, and to persons attending the court in obedience to any recognizance or subpoena, in cases of criminal prosecutions, and (except as hereinafter mentioned) to persons who may have been active in or towards the apprehension of persons charged with offences, and also regulations as to the rates or scales of payment according to which certificates may be granted by the examining magistrate or magistrates in respect of the expenses of any prosecutor, or witness or witnesses for the prosecution, or other person, of attending before such magistrate or magistrates, and of any compensation for trouble and loss of time therein, in any case where any court or judge is empowered under the Criminal Law Act, 1826, or any other Act or this Act to order payment of such expenses or compensation, and concerning the forms of such certificates and the details or particulars to be inserted therein of the expenses, trouble, and loss of time to which such certificates relate; and it shall be lawful for one of her Majesty's principal Secretaries of State from time to time to alter any such regulations, or make new regulations in relation to any of the matters aforesaid; and such regulations for the time being shall be binding on all courts and persons whomsoever.

6. [Expenses and compensations to be ascertained according to such regulation and examining magistrate's certificate not to be conclusive upon the officer of the court before which the indictment is tried.]

7. [The Act not to interfere with payments made in respect of extraordinary courage, diligence, and exertion.]

8. [Courts of sessions of the peace empowered to order compensation up to £5, in favour of any person who has been active

in the apprehension of any party charged with an offence under Appendix. 7 Geo. 4, c. 64, s. 28, and which such court has power to try.]

Sections 9-12 will be found ante, pp. 441 et seq.

13. Recited enactment repealed with saving of restriction under 5 & 6 Vict. c. 38.] [Recital of 4 & 5 Will. 4, c. 36, s. 17.] The said recited enactment shall be repealed: Provided always, that such repeal shall not be construed to give authority to the said justices of the peace to try any person or persons for any offence which the justices of the peace acting in and for any county, riding, division, or liberty, are restrained from trying under the Act of the session holden in the fifth and sixth years of her Majesty, chapter thirty-eight.

See note to s. 20 of 11 & 12 Vict. c. 42, ante, p. 353.

18. [As to backing warrants in Channel Islands, see note to s. 13 of 11 & 12 Vict. c. 42, ante, p. 324.]

19. In certain counties of cities and towns prisoners may be committed for trial at assizes held for adjoining county.] Whenever any justice or justices of the peace, or coroner, acting for any county of a city or county of a town corporate within which her Majesty has not been pleased for five years next before the passing of this Act to direct a commission of oyer and terminer and gaol delivery to be executed, and until her Majesty shall be pleased to direct a commission of oyer and terminer and gaol delivery to be executed within the same, shall commit for safe custody to the gaol or house of correction of such county of a city or town any person charged with any offence committed within the limits of such county of a city or town not triable at the court of quarter sessions of the said county of a city or county of a town, the commitment shall specify that such person is committed pursuant to this Act; and the recognizances to appear to prosecute and give evidence taken by such justice, justices, or coroner shall in all such cases be conditioned for appearance, prosecution, and giving evidence at the court of oyer and terminer and gaol delivery for the next adjoining county; and the justice, justices, or coroner by whom persons charged as aforesaid may be committed, shall deliver or cause to be delivered to the proper officer of the court the several examinations, informations, evidence, recognizances, and inquisitions relative to such persons, at the time and in the manner that would be required in case such persons had been committed to the gaol of such adjoining county by a justice or justices or coroner, having authority so to commit; and the same proceedings shall and may be had thereupon at the sessions of oyer and terminer or general gaol delivery for such adjoining county as in the case of persons charged with offences of the like nature committed within such county.

Appendix.

23. [Provisions of the Counties of Cities Act, 1798 (38 Geo. 3, c. 52), and the Counties of Cities Act, 1811 (51 Geo. 3, c. 100), as to execution of sentences and as to costs extended to this Act.]

24. Next adjoining county (5 & 6 Will. 4, c. 76).] For the purposes of this Act the counties named in the second column of Schedule (C.) to the Municipal Corporations Act, 1835, chapter seventy-six, shall be considered next adjoining the counties of cities and towns corporate in the first column of the same schedule in conjunction with which they are respectively named.

By the operation of s. 7 (4), and s. 188 (2), and s. 242 (2) of 45 & 46 Vict. c. 50 (The Municipal Corporations Act, 1882), the following is

the schedule referred to in the above section:

Counties to which certain Boroughs are to be considered adjoining for purposes of Criminal Trials.

Northumberland.
Gloucestershire.
Cheshire.
Devonshire.

Yorkshire.
Northumberland.

25. [Act not to extend to Ireland or Scotland.]

THE PROSECUTIONS EXPENSES ACT, 1866.
(29 & 30 VICT. c. 52).

1. Expenses and fees may be allowed where no committal takes place and parties are not bound over.] It shall and may be lawful for any magistrate or magistrates, at his or their discretion, and he or they is and are hereby authorised and empowered, at the request of any prosecutor or other person who shall have appeared before such magistrate or magistrates, either by summons or otherwise, on a charge of felony bonâ fide made upon reasonable and probable cause, or on a charge in any case of the several misdemeanors enumerated in section twenty-three of the Criminal Law Act, 1826 (7 Geo. 4, c. 64), s. 23, and of section two of the Criminal Justice Administration Act, 1851 (14 & 15 Vict. c. 55), s. 2, bonâ fide preferred, and who shall have been examined on such charge of felony and misdemeanor, to grant a certificate of the expenses and of the amount to be allowed for trouble and loss of time to the witnesses so appearing and examined on such charge of felony or misdemeanor, in the same manner and to the same or like extent as magistrates are authorised by law to do in cases of felony and in cases of misdemeanor enumerated in the said Acts, where a commital for trial takes place, or the parties are bound over by recognizance or subpoena to prosecute and give evidence; and it shall also be lawful for such examining magistrate or magistrates to allow to the clerk of the magistrates acting for the petty sessional

division or district (except where such clerk is paid by salary in Appendix. lieu of fees) the same fees on taking the depositions on such charge or charges as would be allowed to him, or he would be entitled to at law, in the event of a committal for trial taking place, and to include such allowance of fees in the certificate.

2. Certificate to be laid before court of quarter sessions.] Every examining magistrate signing or granting such certificate shall forward the same to the clerk of the peace of the county, riding, division, city, or borough within which such petty sessional division or district is situate, to be laid by him before the next quarter sessions of the peace for such county, riding, division, city, or borough; and such court shall be at liberty to allow the amount or so much of the amount named in the certificate, on the same being certified by the proper officer of the court of quarter sessions as correct, in accordance with the scale of payment fixed or to be from time to time fixed under section five of the Criminal Justice Administration Act, 1851, and thereupon to sign an order for payment on the treasurer or other officer of the county, riding, or division, or city, liberty, or franchise, in which the offence shall have been committed or supposed to have been committed, in the same manner as an order for payment could have been made in case the parties had been bound over to prosecute, and an indictment had been preferred; and such treasurer or other officer shall pay the amount of such order to the person or persons named therein.

B. was committed for trial at the Liverpool Assizes upon the inquisition of the coroner for the county of L. on a charge of murder. It was alleged that he had committed the act in the borough of W., but that the death took place in the county of L. B. was brought before the justices of the borough of W., but they refused to commit. On the case being called on at the assizes no evidence was offered against B. :—Held, that the borough of W. must bear the expenses of the prosecution (R. v. Brown, ex parte Mayor, etc. of Wigan, 62 J. P. 521).

The effect of a strict reading of these three statutes (7 Geo. 4, c. 64 ; 14 & 15 Vict. c. 55; 29 & 30 Vict. c. 52), appears to be that misdemeanors, the costs of prosecuting which are payable out of the local rate, range themselves into two classes.

Inasmuch as s. 1 of 29 & 30 Vict. c. 52, enumerates the misdemeanors to which it applies, it seems to follow that it does govern other misdemeanors not mentioned in the section, but the costs of prosecuting which are, nevertheless, by various statutes prior to 29 & 30 Vict. c. 52, made payable as in cases of felony.

CLASS I.-Misdemeanors the costs of prosecutions of which are payable not only in the event of a committal for trial (The Criminal Law Act, 1826, 7 Geo. 4. c, 64; The Criminal Justice Administration Act, 1851, 14 & 15 Vict. c. 55); but also in the event of dismissal by the magistrate, provided that the charge has been bonâ fide preferred (29 & 30 Vict. c. 52, s. 1).

Assault with intent to commit felony.

Attempt to commit any felony (except against the Treason Felony Act, 1848 (11 & 12 Vict. c. 12) ).

Appendix.

NOTE.

Receiving stolen property, knowing the same to be stolen, under such circumstances as to constitute a misdemeanor.

Assault upon a peace officer in the execution of his duty, or upon any person acting in aid of such officer.

Neglect or breach of duty as a peace officer.

Knowingly, wilfully, and designedly obtaining any property by false pretences.

Wilful and indecent exposure of the person.

Wilful and corrupt perjury or subornation of perjury.

Unlawfully taking or causing to be taken any unmarried girl, under the age of sixteen years, out of the possession and against the will of her father and mother, or of any other person having the lawful care or charge of her.

Conspiring to charge any person with any felony, or to indict any person for any felony.

Conspiring to commit any felony.

Since the passing of 29 & 30 Vict. c. 52, the costs of certain misdemeanors have been made payable "as in felony." It would appear that they should be included in Class I. They are misdemeanors under the Prevention of Cruelty to Children Act, 1904 (4 Edw. 7, c. 15); the Official Secrets Act, 1889 (52 & 53 Vict. c. 52); the Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69); the Inebriates Act, 1898 (61 & 62 Vict. c. 60); the Prevention of Corruption Act, 1906 (6 Edw. 7, c. 34).

CLASS II.-Misdemeanors not included in 29 & 30 Vict. c. 52, s. 1, the costs of prosecuting which are payable under various statutes. Offences against the Highway Act, 1835, in respect whereof a prosecu tion is directed by the county council (5 & 6 Will. 4, c. 50, s. 90; 51 & 52 Vict. c. 41, ss. 3 (iv.), 28).

Indictable misdemeanors under—

14 & 15 Vict. c. 19, s. 11 (assault to resist apprehension).

The Accessories and Abettors Act, 1861 (24 & 25 Vict. c. 94).

The Larceny Act, 1861 (24 & 25 Vict. c. 96), (except offences included in Class I.

The Malicious Damage Act, 1861 (24 & 25 Vict. c. 97).

The Forgery Act, 1861 (24 & 25 Vict. c. 98).

The Coinage Offences Act, 1861 (24 & 25 Vict. c. 99), s. 42 (in prosecutions conducted by the Treasury; in prosecutions not so conducted the court may allow the costs in case a conviction shall take place).

The Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), (except common assault and offences included in Class I).

The Falsification of Accounts Act, 1875 (38 & 39 Vict. c. 24).

Any offence indictable by virtue of s. 17 of the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49).

Any corrupt or illegal act at or in connection with a parliamentary or municipal election (17 & 18 Vict. c. 102, ss. 10, 13; 46 & 47 Vict. c. 51, s. 53; 47 & 48 Vict. c. 70, s. 30; 51 & 52 Vict. c. 41, s. 75).

The Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60, s. 700).