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ment of the expenses 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 expenses and compensation shall not extend to the attendance before the examining magistrate.

XXIV. And be it further enacted, that every order for payment to any prosecutor or other person as aforesaid shall be forthwith 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 hereinafter 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, 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.

XXV. And whereas felonies and such misdemeanors as are hereinbefore How the ex-
enumerated may be committed in liberties, franchises, cities, towns, and penses shall be
places which do not contribute to the payment of any county rate, some of paid in places
which raise a rate in the nature of a county rate, and others have neither any not contribut-
such rate, nor any fund applicable to similar purposes, and it is just that such ing to the
liberties, franchises, cities, towns, and places should be charged with all costs, county rate.
expenses, and compensations ordered by virtue of this act, in respect of fe- (58 G. 3.c.70.
lonies and such misdemeanors committed therein respectively; be it therefore s. 9 and 10.)
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 of-
fence was committed or supposed to have been committed, by the overseers or
other officers having the collection or disbursement 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 regulation of costs and expenses in the cases Quarter ses-
aforesaid, and for preventing abuses in respect thereof, be it enacted, that it sions to make
shall be lawful for the justices of the peace of any county, riding, or division, regulations as
or of any liberty, franchise, city, town, or place chargeable with costs and ex- to costs and
penses under the provision aforesaid, in quarter sessions assembled, to estab- expenses.
lish, and from time to time to alter such regulations as to the rate of any costs (18 G. 3. c. 19.
and expenses thereafter to be allowed by virtue of this act, as to them shall s. 9.)
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 order the pay- For payment
ment of the costs and expenses of prosecutors and witnesses, and compensa- of expenses in
tion for their trouble and loss of time, in cases in which other courts have a prosecutions
like
power under this act, be it enacted, that it shall be lawful for the Judge in Court of
of the said Court of Admiralty, in every case of felony, and in every case of Admiralty.
misdemeanor of the denominations hereinbefore enumerated, committed upon
the high seas, to order the assistant to the counsel for the affairs of the ad-
miralty and navy to pay such costs, expenses, and compensation to prosecu-
tors 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 re-
quired, 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.

Order for pay-
ment to be
made out by
clerk of assize,

&c. and paid
by county
treasurer.
(58 G: 3.c.70.

s. 6.

18 G. 3. c. 19.
s. 8.)

XXVIII. And, for the better remuneration of persons who have been active Courts may in the apprehension of certain offenders, be it enacted, that where any person order compen

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sation to those who have been active in the apprehension

of certain offenders.

(4 W. & M.

c. 8. s. 1.
10 & 11 W. 3.
c. 23. s. 1, 2.

shall appear to any court of oyer and terminer, gaol delivery, superior criminal court of 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 sheep-stealing, 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 58 G. 3. c. 70. shall have been committed to pay to the person or persons, who shall appear 8. 4 & 5.

5 Ann. c. 31. s. 1.

14 G. 2. c. 6.

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 shall seem reasonable and sufficient to compensate such person or persons for his, her, or their expenses, 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 hereinbefore 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, expenses, and compensation, as courts are by this act empowered to allow to prosecutors and witnesses respectively.

XXIX. And be it further enacted, that every order for payment to any person in respect of such apprehension as aforesaid, shall be forthwith made out and delivered by the 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 repayment of the same 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 repayment to the sheriff of the money so by him paid, without any fee or reward whatsoever.

Such orders to

be paid by the
sheriff, who
may obtain
immediate re-
payment on
application to
the treasury.
(58 G. 3. c. 70.

s. 5.

3 G. 1. c. 15. s. 4.)

If any man is
killed in at-
tempting to
take certain
offenders, the
court may or-
der compensa-
tion to his fa-
mily.
(58 G. 3. c. 70.
s. 3.)

XXX. And be it further enacted, That if any man shall happen to be killed in endeavouring to apprehend any person who shall be charged with any of the offences herein before last mentioned, it shall be lawful for the court before whom such 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 his wife shall be dead, or to his father or 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 hereinbefore mentioned. XXXI. And whereas the practice of indiscriminately estreating recognizances for the appearance of persons to prosecute or give evidence, or to answer for a common assault, or in the other cases hereinafter specified, has been found in many instances productive of hardship to persons who have entered into the same; be it therefore enacted, That in every case where any judge's order. person bound by recognizance for his or her appearance, or for whose ap

Recognizances in certain cases not to be estreated without a

pearance 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 estreats 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 authorised 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."

7 H. 5.

9 H. 5. c. 1.

18 H. 6. c. 12.

XXXII. And be it further enacted, That from and after the commencement Repeal of the of this act, so much of a statute made at Westminster in the third year of the acts. reign of king Edward the First, as provides what prisoners shall not be reple- 3 Ed. 1. c. 15. visable and what shall be so; and a statute made in the seventh year of the reign of king Heary the Fifth; and so much of a statute made in the ninth year of the same reign, as relates to indictments and appeals laid in a nonexisting place; and so much of a statute made in the eighteenth year of the reign of king Henry the Sixth, as perpetuates the said provision of the statute last referred to; and so much of a statute made in the twenty-third year of the same reign, as relates to sheriffs and other officers and ministers therein mentioned letting out of prison upon sureties any person in custody upon indictment; and an Act passed in the first year of the reign of King Richard the 1R. 3. c. 3. Third, intitutled "An act for bailing of persons suspected of felony; and so 3 H. 7. c. 3. much of an act passed in the third year of the reign of king Henry the Seventh, intituled An act that justices of the peace may take bail,' as relates to

23 H. 6. c. 9.

bail or mainprize; and an act passed in the twenty-fifth year of the reign of 25 H. 8.c.3. king Henry the Eighth, intituled An act for standing mute, and peremptory challenge and so much of an act passed in the thirty-second year of the same 32 H. 8. c. 3. reign, intituled For the continuation of acts,' as perpetuates the said last

mentioned act; and an act passed in the second and third years of the reign of 2 & 3 Ed. 6. c. king Edward the Sixth, intituled An act for the trial of murders and felonies 42.

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c. 13.
2 & 3 P. & M.

c. 10.

in several counties:' and an act passed in the fifth and sixth years of the same 5 & 6 Ed. 6. c. reign, intituled 'An act to take away the benefit of clergy from such as rob in 10. one shire and fly into another; and an act passed in the first and second years 1 & 2 P. & M. of the reign of king Philip and queen Mary, intituled An act appointing an order to justices of peace for the bailment of prisoners;' and an act passed in the second and third years of the same reign, intituled 'An act to take examination of prisoners suspected of manslaughter or felony;' and an act passed in the fourth year of the reign of king William and queen Mary, intituled An 4 W. & M. c. 8. act for encouraging the apprehending of highwaymen;' and so much of an 10 & 11 W. 3. act passed in the tenth and eleventh years of the reign of king William, inti- c. 23. taled An act for the better apprehending, prosecuting and punishing of felons that commit burglary, house-breaking or robbery in shops, warehouses, coachhouses, or stables, or that steal horses,' as relates to the certificate therein mentioned; and so much of an act passed in the first year of the reign of queen 1 Anne, st. 2. Anne, intituled An act for punishing of accessories to felonies and receivers c. 9. s. 1. of stolen goods; and to prevent the wilful burning and destroying of ships,' as relates to accessories; and an act passed in the sixth year of the same Vulgo, reign, intitled An act for the encouraging the discovery and apprehending of 5 Anne, c. 31. housebreakers, except the special provision affecting the sheriffs and undersheriffs of London and Middlesex; and an act passed in the sixth year of the reign of King George the First, intituled An act for the further preventing robbery, burglary, and other felonies; and for the more effectual transportation of felons; and so much of an act passed in the twenty-fifth year of the 25 G. 2. c. 36. reign of king George the Second, intitulled An act for the better preventing s. 11. thefts and robberies: and for regulating places of public entertainment, and punishing persons keeping disorderly houses,' as relates to payments to pro

6 G. 1. c. 23.

secutors in cases of felony; and so much of an act passed in the twenty- 27 G. 2. c. 3.

seventh year of the same reign, intituled An act for the better securing to constables and others the expenses of conveying offenders to gaol, and for allowing the charges of poor persons bound to give evidence against felons,' as relates to the allowance of compensation to poor persons appearing on recog

18 G. 3. c. 19. nizance to give evidence against any one accused of felony; and so much of s. 7, 8. an act passed in the eighteenth year of the reign of king George the Third, intituled An act for the payment of costs to parties on complaints determined before justices of the peace out of sessions; for the payment of the charges of constables in certain cases; and for the more effectual payment of charges to witnesses and prosecutors of any larceny or other felony, as relates to payments and allowances to prosecutors and other persons appearing on recognizance or subpoena to give evidence as to any felony, and to rules and regulations touching the costs and charges to be allowed to such prosecutors and persons; aud so much of an act passed in the forty-third year of the same reign, intituled An act for remedying certain defects in the laws relative to the building and repairing of county bridges and other works maintained at the expense of the inhabitants of counties in England,' as relates to lay43 G. 3. c. 113. ing the property in the surveyor of county bridges in any indictment; and so much of an act passed in the same year, for providing, among other things, for the more convenient trial of accessories in felonies, as relates to the trial of accessories, except the special provisions therein contained as to accessories before the fact in murder; and an act passed in the fifty-sixth

s. 5.

6

56 G. 3. c. 73. year of the same reign, intituled An act for removing difficulties in the conviction of offenders stealing property from mines; and an act passed in the fifty-eighth year of the same reign, intitutied An act for repealing such

"

59 G. 3. c. 27. 59 G. 3. c. 96.

58 G. 3. c. 70. parts of several acts as allow pecuniary and other rewards upon the conviction of persons for highway robbery and other crimes and offences; and for facilitating the means of prosecuting persons accused of felony and other offences,' except so much thereof as relates to disorderly houses; and an act passed in the fifty-ninth year of the same reign, intituled An act to facilitate the trial of felonies committed on board vessels employed on canals, navigable rivers, and inland navigations; and another act passed in the same year, intituled 'An act to facilitate the trials of felonies committed on stage-coaches and stage-waggons and other such carriages, and of felonies committed on the boundaries of counties;' and an act passed in the first year of his present Ma

1 G. 4. c. 102. jesty's reign, for making general the provisions of the said recited act of the

3 G. 4. c. 38.

fifty-sixth year of the reign of king George the Third: and so much of an act passed in the third year of the present reign, intituled An act for the further and more adequate punishment of persons convicted of manslaughter, and of servants convicted of robbing their masters, and of accessories before the fact to grand larceny and certain other felonies,' as provides that accessories before the fact may be indicted for a misdemeanor; and so much of another act 3 G. 4. c. 126. passed in the same year, intituled An act to amend the general laws now in s. 60. being for regulating turnpike roads in that part of Great Britain called England, as relates to stating in any indictment any things to be the property of the clerk to the trustees or commissioners, as therein mentioned; and an act passed in the sixth year of the present reign, intituled An act to amend two acts for removing difficulties in the conviction of offenders stealing property in mines and from corporate bodies,' 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.

43 G. 3. c. 59. s. 3.

6 G. 4. c. 56.

ANNO NONO

GEORGII IV. REGIS.

CAP. XXXI.

An Act for consolidating and amending the Statutes in England rela-
tive to Offences against the Person.
[27th June, 1828.]

6 Ed. 1. c. 9. 13 Ed. 1. st. 1. C.29 and 34.

9 Ed. 2 st. 1. c. 3.

18 Ed. 3. st. 3.

WHEREAS it is expedient to repeal various statutes now in force in that part of the United Kingdom called England, relative to offences against the person, in order that the provisions contained in those statutes may be amended and consolidated into this act; be it therefore enacted by the King's most excellent 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 so much of the great charter made in the Repeal of ninth year of the reign of King Henry the Third, as relates to inquisitions of 9 H. 3. c. 26.' life or member; and so much of a statute made in the fifty-second year of 52 H. 3. c. 25. the same reign, as relates to murder; and so much of a statute made in the 3 Ed. 1. c. 11 third year of the reign of King Edward the First, as relates to inquests of and 13. murder, and the writ of Odio et alid, and to any person ravishing or taking 4 Ed. I. st. 3. away by force any female as therein mentioned; and so much of a statute c. 5. made in the fourth year of the same reign, intituled "The statute of bi. gamy," as relates to bigamists; and so much of a statute made in the sixth year of the same reign, as relates to any person killing another by misfortune or in his own defence, or in other manner without felony; and so much of a statute made at Westminster in the thirteenth year of the same reign, as relates to the writ of Odio et atiú and to rape; and so much of a statute made in the ninth year of the reign of King Edward the Second, commonly called Articuli Cleri, as relates to laying violent hands on a clerk; and so much of a statute made in the eighteenth year of the reign of king Edward the Third, as relates to bigamists; and so much of a statute made in the twenty-fifth year of the same reign, as relates to petit treason; and so much of a statute made in the fiftieth year of the same reign, as relates to the arrests of persons of holy church; and so much of a statute made in the first year of the reign of king Richard the Second, as relates to the like arrests; and so much of a statute made in the sixth year of the same reign, as relates to ravishers, and to women ravished; and so much of a statute made in the fifth year of the reign of King Henry the Fourth, as relates to cutting the tongues or putting out the eyes of any the king's liege people, and to any assault upon the servant of a knight of the shire in parliament; and so much of a statute made in the second year of the reign of king Henry the Fifth, as 3 H. 7. c. 2. relates to persons fleeing for murders, manslaughters, robberies, and batteries; and so much of a Statute made in the eleventh year of the reign of king 3 H. 7. c. 14. Henry the Sixth, as relates to any assault or affray made to any lord, knight of the shire, citizen, or burgess being and attending at the parliament or other council of the king; and an act passed in the third year of the reign

of king Henry the Seventh, intituled An act against taking away of women 12 H. 7. c. 7. against their wills; and an act passed in the same year, intituled An act that 24 H. 8. e. 5.

c. 2.

25 Ed. 3. st. 5. Part of c. 2. 50 Ed. 3. c. 5. Rich. 2. c. 15.

6 Rich. 2. st. 1.

c. 6.

5 H. 4. c. 5. 5 H. 4. c. 6.

2

H. 5. st. 1.

c. 9.

11 H. 6. c. 11.

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