Courts may order compensation to those who have been active in the apprehension 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 have been active in the apprehension of certain offenders, be it enacted, that where any person shall appear to any court of and terminer, gaol delivery, superior criminal court oyer 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 housebreaking, or with robbery on the person, or with arson, or with horse-stealing, bullock-stealing, or sheep-stealing, or 58 G. 3, c 70, with being accessary before the fact to any of the offences of certain offenders. (4 W. & M, 10 & 11 W. 3, 14G. 2, c. 6. s. 4 & 5.) Independent of costs of prose cution. Such orders to be paid by the sheriff, who 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 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 compensations, 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 may obtain imofficer of the court unto such person, upon being paid mediate repayproper ment on appli- 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 (58 G. 3, c. 70. such person, or to any one duly authorized on his or her behalf, the money in such order mentioned; and every such she cation to the treasury. s. 5; 3 G. 1, c. 15, s. 4.) killed in attempting to take certain offenders, the court riff 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. XXX. And be it further enacted, that if any man shall If any man is happen to be killed in endeavouring to apprehend any person who shall be charged with any of the offences hereinbefore last mentioned, it shall be lawful for the court before whom such person shall be tried to order the sheriff of the county to may order compay to the widow of the man so killed, in case he shall have pensation to his been married, or to his child or children in case his wife shall family. be dead, or to his father or mother in case he shall have left (58 G. 3. c. 70, s. 3.) 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. not to be estreated without a judge's order. XXXI. And whereas the practice of indiscriminately estreat- Recognizance ing recognizances for the appearance of persons to prosecute in certain cases or give evidence, or to answer for a common assault, or in the other cases hereafter 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 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 estreats are made out shall and is hereby required to prepare a list in writing, specifying the name of every person so making List of persons default, and the nature of the offence in respect of which every in writing, with such person, or his or her surety, was so bound, together with nature of ofthe residence, trade, profession, or calling of every such per- made out by son, and surety, and shall in such list distinguish the principals clerk of court, from the sureties, and shall state the cause, if known, why each and laid before such person has not appeared, and whether by reason of the judge, &c. 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 fence, &c. to be No recogni zance to be estreated with out written order of justice, &c. Repeal of the acts. 7 H. 5. 9 H. 5, c. 1. 23 H 6, c. 9. 1 R. 3, c. 3. 3 H. 7, c. 3. 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, so much of a statute made at West3 Ed. 1, c. 15. minster in the third year of the reign of King Edward the First, as provides what prisoners shall not be replevisable and what shall be so; and a statute made in the seventh year of the reign of King Henry 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 non-existing place; and so much of a statute 18 H. 6, c. 12. 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 Third, intituled "An Act for bailing of persons suspected of Felony;" and so 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 bail or mainprize; and an act passed in the twenty-fifth year of the reign of 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 reign, intituled " For the Con"tinuation of Acts," as perpetuates the said last-mentioned Act: and an act passed in the second and third years of the 2 & 3 Ed. 6. c. reign of King Edward the Sixth, intituled "An Act for the "Trial of Murders and Felonies in several Counties ;" and an act passed in the fifth and sixth years of the same reign, intituled "An Act to take away the Benefit of Clergy from such as rob in one Shire and fly into another;" and an act passed 1 & 2 P. & M. in the first and second years of the reign of King Philip and Queen Mary, intituled "An Act appointing an Order to Jus"tices 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 Act for encouraging the apprehending of Highwaymen ;" and so much of an act passed in the tenth and eleventh years 25 H. 8, c. 3. 32 H. 8, c. 3. 24. 5 & 6 E. 6, c. 10. c. 13. 2 & 3 P. & M. c. 10. 4 W. & M. c. 8. 66 of the reign of King William, intituled "An Act for the better 10 & 11 W. 3, "apprehending, prosecuting and punishing of Felons, that c. 23. "commit Burglary, Housebreaking, or Robbery in Shops, "Warehouses, Coach-houses, or Stables, or that steal Horses,' as relates to the Certificates therein mentioned; and so much of an act passed in the first year of the reign of Queen Anne, 1 Anne, St. 2, intituled "An Act for punishing of Accessaries to Felonies and c. 9, s. 1. "Receivers of Stolen Goods, and to prevent the wilful burn"ing and destroying of Ships," as relates to Accessaries; and an act passed in the sixth year of the same reign, intituled Vulgo 5 Anne, "An Act for the encouraging the Discovery and apprehending c. 31. " of Housebreakers," except the special Provision affecting the Sheriffs and Under Sheriffs of London and Middlesex; and an act passed in the sixth year of the reign of King George the 6 G. 1, c. 23. 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 reign of King George the Second, 25 G. 2, c. 36. intituled "An Act for the better preventing Thefts and Rob"beries; and for regulating Places of public Entertainment, "and punishing Persons keeping disorderly Houses," as relates to payments to prosecutors in cases of felony; and so much of s. 11. an act passed in the twenty-seventh year of the same reign, in- 27 G. 2, c. 3. s. tituled" An Act for the better securing to Constables and 3. "others the Expences 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 recognizance to give evidence against any one accused of felony; and so much of an act passed in the eighteenth year of the reign of George the third, inti- 18 G. 3, c. 19, tuled "An Act for the Payment of Costs to Parties on Com- s. 7 & 8. 66 plaints determined before Justices of the Peace out of Ses "sions; for the Payment of the Charges of Constables in cer"tain 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; and so much of an act passed in the forty-third year 43 G. 3, c. 59, of the same reign, intituled " An Act for remedying certain s. 3. "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 laying the property in the surveyor of county bridges in any indictment; and so much of an act passed in the same year, 43 G. S, c. 113, for providing, among other things, for the more convenient s. 5. trial of accessaries in felonies, as relates to the trial of accessaries, except the special provisions therein contained as to accessaries before the fact in murder; and an act passed in the 59 G. 8, c. 96. 66 56 G. 3, c. 73. fifty-sixth 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 58 G. 3, c. 70. year of the same reign, intituled "An Act for repealing such "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 Of"fences," except so much thereof as relates to disorderly 59 G. 3, c. 27. 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 1 G. 4, c. 102. year of his present Majesty's reign, for making general the provisions of the said recited act of the 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 con"victed of Manslaughter, and of Servants convicted of Robbing "their Masters, and of Accessaries before the Fact to Grand Larceny and certain other Felonies," as provides that accessaries before the fact may be indicted for a misdemeanor 3 G. 4, c. 126, and so much of another act passed in the same year, intituled "An Act to amend the general Laws now in being for regu"lating 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 aets, 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. 3 G. 4, c. 38. 8. 60. 6 G. 4, c. 56. Proviso. 66 66 |