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fare for such whole or portion of the journey, as the case £ s. d.
· 0 0 3 In computing the amount to be allowed for mileage under any of the regulations herein contained, I do direct that no greater allowance be made than at the rate of 3d. per mile each way by the nearest available route.
I also direct that no prosecutor or witness, allowed for mileage under any of the regulations herein contained, shall be allowed for loss of time occasioned by his or her omission to avail himself or herself of a public conveyance, if available.
I further direct that no prosecutor or witness be allowed, under any of the regulations aforesaid, for his attendance, loss of time, trouble, or expense, in more than one case on the same day.
Illness.] In case of the illness or inability of any prosecutor or witness to travel without some special means of conveyance, it shall be lawful for the court to depart from the foregoing rates of allowances, and to make such other allowances as the justice of the case shall require.
Attorneys.] I authorize the following payments to be made to attorneys for the prosecution, giving evidence, over and above the allow. ances so made to them as attorneys:
£ 8. d. Such attorneys may be allowed a sum not exceeding
0 6 8 If, in the opinion of the proper officer of the court, such
evidence was necessary, and saved the attendance of
Scientific persons.] And whereas it may become necessary, in certain cases, that scientific 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 upon matters of science in issue on such prosecutions; and it is reasonable in such cases that the foregoing rates of allowance should be departed from, I hereby direct that the allow. ances to be made to such persons shall be subject to the decision of the court before whom such persons may be examined, which may direct such allowances as to such court may appear reasonable.
Interpreter.] Whenever an interpreter shall be employed to interpret on the part of the prosecution it shall be competent for the court before whom such interpreter shall be so employed to make him such allowances as to such court shall seem reasonable: Provided always that this regulation is not to interfere with any regulations in force (where such now exist) for the remuneration of interpreters.
Under the circumstances herein specified under the head of exceptions, I authorize a departure from the 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 than those hereby authorized are now payable in the cases hereinbefore 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 thereof, 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 regulations 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.
CONSTABLES AND GAOLERS (a).
Attendance before the Examining Magistrates.
bench of magistrates where such examination is taken on
Nil. Unless the magistrate or magistrates shall certify that there
were special reasons for making an allowance, and shall
0 1 0 To prosecutors and witnesses being constables paid by salary
and not attending the magistrate or bench of magistrates
(a) See the Order of the 14th February, 1863, post, p. 504.
on any police duty, for their trouble in attending such £ s.
examination is taken, a sum not to exceed for each day. 0 1 0 To the same if attending from a distance greater than seven
miles from the place where the examination is taken, a
· 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 2 0 (The said allowances to prosecutors and witnesses, being con
stables 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. (Unless the examining magistrate or magistrates shall certify
that there were special reasons for making an allowance,
then the same as other constables.)
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 railway, there shall be allowed
mileage as follows: To superintendents, inspectors, sergeants, and constables, the
lowest amount per mile authorized by Act of parliament
for their conveyance, 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 attending the magistrate or magistrates on any police duty, for every mile beyond four miles each way they shall travel to reach the place of examination, a sum not to exceed, each way ·
0 02 To prosecutors and witnesses, being constables, able partially
to travel by railway, for every mile after the first four
Attendance at Sessions or Assizes.
To prosecutors and witnesses, being constables and paid
by salary, if resident within the city, borough, town,
tance not exceeding two miles of such place, a sum, £ s. d.
0 1 0 If resident elsewhere, and if they shall attend from a greater
distance than two miles, a sum, in the discretion of the
0 1 6 To the same if they shall be necessarily detained all night
for the purposes of the prosecution, a further sum for
- 0 2 0 If such prosecutors and witnesses shall be chief constables or
superintendents attending from a distance greater than three miles, and they shall be necessarily detained all night for the purposes of the prosecution, instead of the foregoing allowances there may be allowed to them the
same as ordinary witnesses. The said allowances to prosecutors and witnesses, being con
stables paid by salary, are to be conditional on the same
being applicable to their personal benefit.
entitled to be conveyed under 7 & 8 Vict. c. 85, s. 12, and
age as follows:
stables, the lowest amount per mile authorized by Act
of parliament for their conveyance, and no larger sum: To prosecutors and witnesses, being constables not so entitled
to travel, there may be allowed railway fare the same as
to ordinary witnesses :
to travel by railway, for every mile beyond four miles
0 0 2 To the same if paid by salary, when able partially to travel
by railway, for every mile after the first four miles each
0 0 2 I further direct that no constable paid by salary be allowed
for railway fare not actually paid.
require his attendance in the court where the prosecution
0 36 I do make the following regulations as to the compensation
to be allowed in the cases of prisoners brought by writ of
for the prosecution.
prisoner is brought, as follows :
To a governor, for his loss of time, trouble, and expenses in £ s. d. bringing up such prisoner, for each day he
may attend, the sum of
0 12 0 To other officers, for the same, the sum of
0 6 0 And for mileage, a sum, in the discretion of the court, not to exceed, per mile, each way
0 1 0
Provided always, that the above allowances shall not be made to any gaoler or officer charged with the custody of prisoners for trial, at the place where such prisoner shall be required to give evidence, in respect of the time such gaoler or officer shall, by virtue of his office, be required to be there present.
Given under my hand at Whitehall, the ninth day of February, one thousand eight hundred and fifty-eight.
(Signed) G. GREY.
The following order has since been issued by the Secretary of State on the subject of prosecution expenses :
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, 28. 6d.; at sessions, 28.; instead of the sum of 28. allowed by the regulation of the 9th February, 1858, for 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 to exced 3s. 6d.," there shall be inserted the following words :
“I do authorize payment to a 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 a governor is situate, a sum for each day not to exceed 78. 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."