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Prosecutor, if

poor, to be also allowed for trouble, &c.

hath bona fide prosecuted, to order, upon prayer of the prosecutor, the treasurer of the county, &c. in which the offence shall have been committed, or shall have been supposed to have been committed, to pay to such prosecutor, such sum as to said court shall seem reasonable, not exceeding the expenses which it shall appear to the court the prosecutor was, bona fide, put to in carrying on such prosecution, making, in case the prosecutor shall appear to be in poor circumstances, a reasonable allowance to such prosecutor for trouble and loss of time; which order the clerk of assize, or clerk of the peace, shall forthwith make out and deliver unto such prosecutor, upon being paid 1s. for the same; and the treasurer of said county, &c. shall, upon sight of such order, forthwith pay to such prosecutor, or other person authorized to receive the same, such sum as aforesaid, and shall be allowed the same in his account. And whereas the expense and loss of time in attending courts of justice, is a discouragement to the poorer sort to appear as witnesses against offenders, the 27 Geo. 2. c. 5. 27 Geo. 2. c. 3. Eng. provides, that when any poor person shall appear on recognizance in any court to Persons appear- give evidence against another accused of any grand or nizance, to give petit larceny, or other felony, it shall be in the power be ordered their of the court, at the prayer and on the oath of such person, and on consideration of his circumstances, in open court to order the treasurer of the county or place in which the offence shall have been committed, to pay unto such person such sum, as to said court shall seem reasonable, for his time, trouble, and expense; which order the proper officer of the court shall make out, and deliver unto such person, upon heing paid 6d. for the same; and such treasurer shall, upon delivery of such order, forthwith pay to such person, or other person authorized to receive the same, such sum as aforesaid, and shall be allowed the same in his accounts. And the 18 Geo.3.c.19. 18 Geo. 3. c. 19. s. 8. Eng. further enacts, that it shall be in the power of the court, where any person shall appear, on recognizance or subpoena, to give evidence as to any grand or petit larceny, or other felony, whether any bill of indictment be preferred or not, (pro

Eng.

ing on recog

evidence, may

expenses, c.

s. 8. Eng.

zance or sub

expenses, &c.

ferred.

vided the said person shall, in the opinion of said court, Persons appearbona fide have attended said court in obedience to such ing on recognirecognizance, &c. to order the treasurer of the county, poena to give evidence,may be &c. in which the offence shall have been committed, or ordered their shall have been supposed to have been committed,) to though no inpay unto such person such sum as to said court shall dictment preseem reasonable, not exceeding the expenses which it shall appear to said court the said person was bona fide put unto by reason of said recognizance and subpœna, making, in case the said person shall appear to the court to be in poor circumstances, a reasonable allowance for trouble and loss of time; which order the clerk of assize, or clerk of the peace, shall forthwith make out and deliver to such person, upon being paid 6d. for the same; and the treasurer of said county, &c. shall upon sight of such order, forthwith pay to such person, or other person authorized to receive the same, such sum as aforesaid, and shall be allowed the same in his accounts.* The 3 Geo. 3. c. 28. Ir. recites (s. 18.) that many persons guilty of treason and felony, escape the punishment due to such crimes by the poverty of s. 18. Jr. their prosecutors, who forfeit their recognizances rather Judges may orthan undergo the loss of their labour, and the unavoid- der grand juries to present to perable expense they must be at by attendance at the assizes; sons attending and enacts, that if the judges of assize and general gaol- allowance for delivery in any county, shall recommend such persons so attending to prosecute, as proper objects to have an allowance for their time and avocation from their labours, it shall be lawful for the grand juries of the respective counties, to present any sum, not exceeding 2s. per day, for such persons as shall be so detained from their business, and necessarily attending to prosecute.

*Vale s. 9. ante p. 1136.

Geo. 3. c. 28.

to prosecute, an

their time, &c.

ors to be re

s. 19. Ir.

The following clauses of the 3 Geo. 3. c. 28. Ir. may Where trial post be here also stated. This statute recites (s. 19.) that it poned prosecu often happens in criminal prosecutions at the several bound. assizes, that the prosecutor shall appear at the first 3 Geo. 3. c. 23. assizes, and the criminal make default; whereupon the recognizance of the first is at an end, and that of the offender is estreated; and at the next assizes the offender appears, and upon the non-appearance of the

prosecutor

No clerk of the

counsel or agent

prosecutor, is acquitted; upon certificate of which acquittal his estreat is reduced to some inconsiderable sum; which matters are generally carried in by a combination between the criminal and the prosecutor; and therefore enacts, that in ail such cases the judge of assize, upon the appearance of the prosecutor at the first assizes, and the non-appearance of the criminal, shall bind the prosecutor in a new or continue him on the former recognizance to appear at the next assizes; and the recognizance of such criminals shall not be reduced, unless it shall appear to the commissioners of reducement, that the person bound over to prosecute has been examined on the trial. This provision is peculiar to the law of Ireland.

appear

It is also a provision of the 3 Geo. 3. c. 28. Ir. supra, crown to act as that no person who is a clerk of the crown, shall in any suit at the prosecution of the crown, as counsel, 3 Geo. 3. c. 28. attorney, or agent for the defendant. I have not found any similar clause in any English statute.

for prisoner.

s. 20. Ir.

Where indict

or prisoner ac

by sheriff, &c.

s. 1. Eng.

*"Any crime

nee" ju

1

By the 14 Geo. 3. c. 20. Eng. every prisoner who shall ment ignore, be charged with [*any felony, or other crime, or as quited, &c. no an accessary thereto,] before any court of criminal jufee to be taken risdiction within England and Wales, against whom no 14 Geo.3. c.20. bill of indictment shall be found by the grand jury, or who on his trial shall be acquitted, or who shall be disor off ne❞ charged by proclamation, for want of prosecution, shall 23 & 24 Geo.3. be immediately set at large in open court, without the payment of any fee to [+the sheriff, gaoler, or keeper of +"Any person the gaol or prison, in respect of such discharge.] And 23& 24 Geo. 3. the 23 & 24 Geo. 3.c.34. Ir. contains a similar clause: but c. 34. Ir. provides (s. 3.) that nothing in this act shall prevent any 23 & 24 Geo.3. judge of assize, or commissioner of oyer and terminer c. 34.s.2&3.Ir. and gaol-delivery, from ordering any prisoner to be trans

c. 34. Ir.

wha so ver" n

mitted to any other county, when he shall appear to such judge to be charged with any crime, or to extend to the discharge of any prisoner against whom there shall be any other bill of indictment ordered by the court to be sent up to the grand jury. And these statutes differ also as to their respective modes of compensating gaolers for the fees so abolished. And by the 4 Ann. c. 10. Ir. as amended by the 3 Geo. 2. c. 9. s. 2. Ir. no fee, or

sum

&c. returned

ignoramus.

s. 4. Eng.

Judges, &c.

sum of shall be demanded or received by any 4 Ann. c. 10. money, sheriff, sub-sheriff, clerk of the crown, clerk of the s. 1. Ir. peace, or their deputies, or any other person, on ac- 3 Geo. 2. c. 9. count of any bill [*or judgment,] that shall be returned s. 2. Ir. ignoramus by the grand jury, from any person to whom No fees on bill, the said bill shall be so returned; or on account of any recognizance, discharge, or other pretence relating to such bill, &c.; and if such officer or his deputy, or other person, shall offend herein, he shall forfeit £20. to be recovered by action of debt in any of the Four courts in Dublin, or by civil bill with costs of suit.† By the 32 Geo. 3. c. 45. s. 4. Eng. any of his majesty's 32 Geo.3.c. 45judges at the assizes, and the justices at the general or quarter sessions, or any justice of peace, may order any convict, upon his discharge from prison, to be conveyed by pass under hand and seal, in manner directed by the 17 Geo. 2. c. 5. ante p. 776-7. and according to the provisions therein contained; and they are also empowered to convey by pass any person who shall be acquitted at the assizes, or general or quarter sessions, or discharged by proclamation or otherwise, who shall by himself, or any other in his behalf, apply to the court whereat he has been acquitted or discharged, or to any justice of peace, to be conveyed as aforesaid; and such justice, &c. shall certify in such pass that the person so conveyed was discharged from prison, or a person acquitted, or otherwise discharged, at the assizes or sessions, as the case may be; and such convict, or person acquitted or discharged, shall pay no fee for such pass.

may order perons discharged from prison, or

by proclamation, be conveyed by a pass.

to

21 Hen.8. c. 11.

The 21 Hen. 8. c. 11. Eng. enacts, that if any felon Restitution of do rob, or take away any money, goods, or chattels, where felon congoods awarded from any the king's subjects within this realm, and be victed. indicted, arraigned, and found guilty thereof, or other- Eng wise attainted, by evidence given by the party so robbed, or owner of the money, &c. or by any other by their procurement, the party so robbed, or owner, shall be restored to his money, &c.; and the justices of gaoldelivery

*This seems to be a misprint of the words "of indictment."

+ The exception of indictments for treason, misprision of treason, felony, or præmunire, in the 4 Ann. c. 10. is not contained in the 3 Geo. 2. c. 9.

[ocr errors][merged small]

lr.

c. 6. Ir.

cannot be found, owner.reprised out of felon's' goods.

his

delivery, and other justices, before whom such felon shall be so found guilty, &c. shall have power to award, from time to time, writs of restitution for the said money, &c. in like manner as though such felon were at28 Hen.3.c.10, tainted at the suit of the party in appeal. The 28 Hen. 8. c. 10. Ir. is the corresponding statute in Ireland. And 3 & 4Ph. & M. the 3 & 4 Ph. & M. c. 6. Ir. further enacts, that in case the party from whom any goods shall be stolen, or bis If goods stolen executors, cannot come by the goods so stolen, he, or executors, shall have of the felon's goods that stole his goods, and shall be attainted, condemned, or pardoned, or have fled for the same, to the value of the goods from him stolen, to be delivered to him or his executors, by the sheriff, or other person having the possession of the same; and the sheriff, &c. shall be discharged for so much as he shall so deliver, against the crown and if such sheriff, &c. will refuse to deliver to the party, &c. of the said felon's goods, to the value of the goods stolen, he shall forfeit to such party, &c. the value of the said stolen goods, in case there came so much in value to his hands; for which the said party, &c. shall have an action of debt against the said sheriff, &c. to whose possession the said goods came as aforesaid.

For what offences clergy demandable.

25 Edw. 3.st

c. 4. E. & I.

As

CHAP. XXV.

Of the Benefit of Clergy.

S to the offences for which the benefit of clergy was anciently demandable; the 25 Edw. 3. st. 3. c. 4. E. & I. 3. declares or enacts, that all clerks which shall be convict before secular justices, for any treasons or felonies touching other persons than the king himself, or his

royal

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