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Evidence against any Person indicted of any Assault with Intent to commit Felony, of any Attempt to commit Felony, of any Riot, of any Misdemeanor for receiving any stolen Property knowing the same to have been stolen, of any Assault upon a Peace Officer in the Execution of his Duty, or upon any Person acting in aid of such Officer, of any Neglect 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 such Court is hereby authorized and empowered to order Payment of the Costs and Expences of the Prosecutor and Witnesses for the Prosecution, together with a Compensation for their Trouble and Loss of Time, in the same Manner as Courts are herein-before 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 Expences 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 Expences and Compensation shall not extend to the Attendance before the examining Magistrate.
Which are to be XXIV. And be it further enacted, That every Order for Paypaid by County
ment to any Prosecutor or other Person as aforesaid shall be forthTreasurer.
with made out and delivered by the proper Officer of the Court
unto such Prosecutor or other Person, upon being paid for the same the Sum of One Shilling for the Prosecutor and Sixpence for each other Person, and no more; and, except in the Cases herein-after provided for, shall be made upon the Treasurer of 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, forth with 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 to be paid XXV. And whereas Felonies and such Misdemeanors as are in Places not herein-before enumerated may be committed in Liberties, Francontributing to
chises, Cities, Towns, and Places which do not contribute to the County
the Payment of any County Rate, some of which raise a Rate Rate.
in the Nature of a County Rate, and others have neither any such Rate, nor any Fund applicable to similar Purposes, and it is just that such Liberties, Franchises, Cities, Towns, and Places should be charged with all Costs, Expences, and Compensations ordered by virtue of this Act, in respect of Felonies and such Misdemeanors committed therein respectively; be it therefore enacted, That all Sums directed to be paid by virtue of this Act, in respect of Felonies and of such Misdemeanors as aforesaid, committed or supposed to have been committed 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 Dis. bursement of such last-mentioned 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.
XXVI. And, for the better Regulatiou of Costs and Expences Justices in in the Cases aforesaid, and for preventing Abuses in respect
Quarter Sesthereof, be it enacted, That it shall be lawful for the Justices of sions muy make the Peace of any County, Riding, or Division, or of any Liberty, Regulations as
to Costs and Franchise, City, Town, or Place chargeable
with Costs and Expences under the Provision aforesaid, in Quarter Sessions as
Expences, and sembled, to establish, and from Time to Time to alter such Regulations as to the Rate of any Costs and Expences 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.
XXVII. And, for enabling the High Court of Admiralty to As to Prosecu. order the Payment of the Costs and Expences of Prosecutors
tions in Court and Witnesses, and Compensation for their Trouble and Loss of of Admiralty. Time in Cases in which other Courts have a like Power under this Act, be it enacted, That it shall be lawful for the Judge of the said Court of Admiralty, in every Case of Felony, and in every Case of Misdemeanor of the Denominations herein-after enumerated, committed upon the High Seas, to order the Assistant to the Counsel for the Affairs of the Admiralty and Navy to pay such Costs, Expences, and Compensation to Prosecutors and Witnesses, in like Manner as other Courts may order the Treasurer of the County to pay the same; and such Assistant 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.
XXVIII. And, for the better Remuneration of Persons who Compensation have been active in the Apprehension of certain Offenders, be it
to Persons apenacted, That where any person shall appear to any Court of prehending cerOyer and Terminer, Gaol Delivery, Superior Criminal Court of tuin Offenders. a County Palatine, or Court of Great Sessions, to have been active in or towards the Apprehension of any person charged with Murder, or with feloniously and maliciously shooting at, or attempting to discharge any kind of loaded Fire Arms at any other Person, or with stabbing, cutting, or poisoning, or with administering any thing to procure the Miscarriage of any Woman, or with Rape, or with Burglary or felonious House-breaking, or with Robbery on the Person, or with Arson, or with Horse-stealing, Bullock-stealing, or Sheepstealing, or with being Accessory before the fact to any of the Offences aforesaid, or with receiving any Stolen Property knowing the same to have been stolen, every such Court is hereby authorized and empowered, in any of the Cases aforesaid, to order the Sheriff of the County in which the Offence shall have been committed to pay to the Person or Persons, who shall appear to the Court to have been active in or towards the Apprehension of any Person charged with any of the said Offences, such Sum or Sums of Money as to the Court
same, and be
shall seem reasonable and sufficient to compensate such Person or Persons for his, her, or their Expences, Exertions, and Loss of Time in or towards such Apprehension; and where any Person shall appear to any Court of Sessions of the Peace, to have been active in or towards the Apprehension of any Party charged with receiving Stolen Property knowing the same to have been stolen, such Court shall have Power to order Compensation to such Person in the same Manner as the other Courts herein-before mentioned : Provided always, that nothing herein contained shall prevent any of the said Courts from also allowing to any such Persons, if Prosecutors or Witnesses, such Costs, Expences, and Compensation, as Courts are by this Act empowered to allow to Pro secutors and Witnesses respectively. Sheriff to pay
XXIX. And be it further enacted, That every Order for
Payment to any Person in respect of such Apprehension as repaid by the
aforesaid, shall be forthwith made out and delivered by the Treasury.
proper Officer of the Court unto such Person, upon being paid
for the same the Sum of Five Shillings and no more; and the Sheriff of the County for the Time being is hereby authorized and required, upon Sight of such Order, forthwith to pay to such Person, or to any one duly authorized on his or her Behalf, the Money in such Order mentioned ; and every such Sheriff may immediately apply for Re-payment of ihe sanie to the Commissioners of His Majesty's Treasury, who upon inspecting such Order, together with the Acquittance of the Person entitled to receive the Money thereon, shall-forthwith order Re-payment to the Sheriff of the Money so by him paid, without any Fee or Reward whatsoever. Compensation XXX. And be it further enacted, That if any Man shall to Families of happen to be killed in endeavouring to apprehend any Person who Persons killed
shall be charged with any of the Offences herein-before last in apprehend
mentioned, it shall be lawful for the Court before whom such ing Felons.
Person shall be tried to order the Sheriff of the County to pay
to the Widow of the Man so killed, in case he shall have been married, or to his Child or Children in case bis Wife shall be dead, or to his Father and Mother in case he shall have left neither Wife nor Child, such Sum of Money as to the Court in its Discretion shall seem meet; and the Order for Payment of such Money shall be made out and delivered by the proper Officer of the Court unto the Party entitled to receive the same, or unto some one on his or her Behalf, to be named in such Order by the Direction of the Court; and every such Order shall be paid by and repaid to the Sheriff in the Manner herein-before mentioned.
As to estreating XXXI. And whereas the Practice of indiscriminately esRecognizances. treating Recognizances for the Appearance of Persons to prosecute or give Evidence, or to answer for a common Assault
, or, in the other Cases herein-after specified, has been found in many Instances productive of Hardship to Persons who have entered into the same; be it there-fore enacted, That in every Case where any Person bound by Recognizance for, his or her Appearance, or for whose Appearance any other person shall be so bound to prosecute or give Evidence in any Case of Felony or Misdemeanor, or to answer for any common Assault, or to Articles of the Peace, or to abide an Order in Bastardy, shall therein make Default, the Officer of the Court by: whom the Escheats are made out shall and is hereby required to prepare a List
, in Writing, specifying the Name of every Person so making Default, and the
Nature of the Offence in respect of which every such Person, or his or her Surety, was so bound, together with the Residence, Trade, Profession, or Calling of every such Person and Surety, and shall in such List distinguish the Principals from the Sureties, and shall state the Cause, if known, why each such Person has not appeared, and whether by reason of the Non-appearance of such Person the Ends of Justice have been defeated or delayed ; and every
such Officer shall and is hereby required, before any such Recognizance shall be estreated, to lay such List, if at a Court of Oyer and Terminer or Gaol Delivery in any County besides Middlesex and London, or at a Court of Great Sessions, or at One of the Superior Courts of the Counties Palatine, before One of the Justices of those Courts respectively; if at a Court wherein a Recorder or other Corporate Officer is the Judge or One of the Judges, before such Recorder or other Corporate Officer; and if at a Session of the Peace, before the Chairman or Two other Justices of the Peace who shall have attended such Court, who are respectively authorized and required to examine such List, and to make such Order touching the estreating or putting in Process of any such Recognizance as shall appear to them respectively to be just; and it shall not be lawful for the Officer of any Court to estreat or put in Process any such Recognizance without the written Order of the Justice, Recorder, Corporate Officer, Chairman, or Justices of the Peace before whom respectively such List shall have been laid.
XXXII. And be it further enacted, That from and after the Commencement of this Act, [here follows a List of Statutes and Acts to be repealed—in the whole or in part, which are included in the Schedule, No. 2. having an Asterisk prefixed ], shall be and the same are hereby repealed, except so far as any of the said Acts relate to Scotland or Ireland, or repeal the whole or any part of any other Acts, and except as, to Offences committed before the passing of this Act, which shall be dealt with and punished as if this Act had not been passed.
REPEALING CRIMINAL STATUTES,
SEVENTH AND EIGHTH GEO. IV. CAP. XXVII.
AN ACT FOR REPEALING VARIOUS STATUTES IN ENGLAND RELATIVE
TO THE Benefit Of CLERGY, AND TO LARCENY AND OTHER OFFENCES CONNECTED THEREWITH, AND TO MALICIOUS INJURIES TO PROPERTY, AND TO REMEDIES AGAINST THE HUNDRED.
[Passed 21st June, 1827.] WHEREAS it is expedient to repeal various Statutes now in force in that Part of the United Kingdom 'called England, relative to the Benefit of Clergy; and it is also expedient to repeal various Statutes relative to Larceny, and other Offences of Stealing, and to Burglary, Robbery, and Threats for the Purpose of Robbery or of Extortion, and to Embezzlement, false Pretences, and the Receipt of Stolen Property, in order that the Provisions contained in those Statutes may be amended and consolidated into one Act; and it is also expedient with the same View to repeal various Statutes relative to malicious Injuries to Property; and also with the same View to repeal various Statutes relative to Remedies against the Hundred: Be it therefore enacted by the King's most Excellerit Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That [the Act then enumerates certain Statutes 'to be wholly or in part repealed, which are contained in the Schedule, No. 2. together with those repealed or altered by the 7th Géo. IV. c. 64, and then proceeds thus :)-And all Acts continuing or perpetuating any of the Acts or Parts of Acts hereinbefore referred to, so far only as relates to the continuing or perpetuating the same respectively, shall be and continue in force until and throughout the last Day of June in the present Year, and shall from and after that Day as to that Part of the United Kingdom called England, and as to Offences committed within the Jurisdiction of the Admiralty of England, be repealed; except so far as any of the said Acts may repeal the whole or any part of any other Acts; and except as to Offences and other Matters committed or done before or upon the said last Day of June, which shall be dealt with and punished as if this Act had not been passed. Not to affect II. Provided always, and be it enacted, That nothing in this any Act re
Act contained shall in anywise affect or alter such Part of any lating to the
Act as relates to the Post Office, or to any Branch of the Public Post Office, Revenue, or to the Naval, Military, Victualling, or other Public the Revenue, Stores of His Majesty, His Heirs or Successors, except the Acts Public Stores, of the Thirty-first Year of Queen Elizabeth and of the TwentyBank of Eng
second Year of King Charles the Second, which are hereinbefore land, or South
repealed, or shall affect or alter any Act relating to the Bank of Sea Company.
England or South Sea Company.