attendance in court, if such magistrate or magistrates shall think fit to grant the same, and the amount of all the other expenses and compensation shall be ascertained by the proper officer of the court, subject nevertheless to the regulations to be established in the manner thereinafter mentioned.

By s. 23, the courts may order payment of the expenses of prosecutors and witnesses in indictments for misdemeanor in like manner as in felony, in the following cases,— where any person shall be indicted of any assault with intent to commit felony, of any attempt to commit felony, of any riot, of any misdemeanor for receiving 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 subornation of perjury.

And though no indictment is preferred, the bonâ fide attendance in court is to be allowed for, as in case of felony.

But it is 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.

By s. 24, the order for payment is directed to be made out by the proper officer of the court, and paid by the county

treasurer.

By s. 25, the mode is regulated for payment of expenses in places not contributing to the county rate.

By s. 26, the justices at quarter sessions are empowered to regulate the expenses.

By s. 27, in cases of prosecution in the admiralty jurisdiction, the court may order payment of expenses and compensation to prosecutors and witnesses, in like manner as in other courts, but to be paid by the assistant to the

counsel for the admiralty and navy instead of the county

treasurer.

By s. 28, the courts may order compensation to parties who have been active in the apprehension of certain offenders as therein described.

By s. 29, the sheriff is authorized to pay such order, and is to be reimbursed by the treasury.

By s. 30, if any man is killed in attempting to apprehend any such offenders as mentioned in s. 28, the court may order compensation to his family.

By 4 & 5 W. & M. c. 18, if the prosecutor on an information filed by the master of the crown office, does not try within a year after issue joined, or if the defendant be acquitted by verdict, or a nolle prosequi be entered, the Court of King's Bench are authorized to award costs to the defendant, unless the judge before whom it is tried, certifies in open court, on the trial, that there was a reasonable ground for the prosecution.-1 Chitty, Cr. Law, 871.

On informations ex officio no costs are paid on either side.-Ibid. 848.

By 7 & 8 Geo. IV. c. 29, s. 57, if any person guilty of any felony or misdemeanor under that act, in stealing, taking, obtaining, or converting, or in knowingly receiving any chattel, money, valuable security, (as to "valuable security" vide supra, p. 168,) or other property whatsoever, shall be indicted for any such offence, by or on the behalf of the owner of the property, or his executor or administrator, and convicted thereof, in such case the property shall be restored to the owner or his representatives, and the court before whom any such person shall be so convicted shall have power to award from time to time writs of restitution for the said property, or to order the restitution thereof in a summary manner. Provided always that if it shall appear before any award or order made, that any valuable security shall have been bonâ fide paid or discharged by some person or body corporate liable to the payment thereof, or being a negociable instrument, shall have been bonâ fide taken or received by transfer or delivery, by some person or body

corporate, for a just and valuable consideration, without any notice or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, or converted as aforesaid, in such case the court shall not award or order the restitution of such security.

When after a conviction the owner is entitled to restitution, he may take his goods wherever he can find them, without any writ or order for restitution, so that it be effected without breach of the peace.-1 Chitty, Cr. Law, 820.

And he is entitled to restitution of his goods, though since they were stolen, they should have been sold in market overt to an innocent purchaser.-1 Chitty, Cr. Law. 819.

But until conviction the right of recaption of things stolen, and the right of action for them, are suspended.-- Ibid. 821. Upon conviction for any felony, the personal property of every description, of the offender, which he has at the time of the conviction, are immediately forfeited to the crown.1 Chitty, Cr. Law, 730, 732; 4 Bl. Com. 387.

But before conviction, he may bonâ fide sell any of his chattels real or personal, for the sustenance of himself and family, between the fact and conviction.-4 Bl. Com. 388.

Yet if they be collusively and not bonâ fide parted with, and merely to defraud the crown, the law will reach them. See 13 Eliz. c. 5.-Ibid.

Upon conviction for misprision of treason the profits of the lands of the offender during life, and also his goods and chattels, are forfeited.-Vide supra, p. 37.

In prosecutions in the King's Bench for misdemeanors if a verdict of guilty has been given, contrary to the evidence, and not to the satisfaction of the judge who tried the case, the Court will, on the motion of the defendant, grant a new trial.-1 Chitty, Cr. Law, 654.

And there are many other grounds on which after such verdict a new trial will be granted, at the instance of the defendant, to promote the purposes of justice.-Ibid. 655.

But a new trial will not be granted at the instance of the prosecutor, though the defendant has been acquitted contrary to the evidence-unless the verdict should appear to have been obtained by some fraudulent or irregular proceeding on the part of the defendant.—Ibid. 657; 4 Bl. C. 361.

And no new trial can be granted in any case of felony; but if the conviction appears to the Court to be improper, the execution is respited to enable the defendant to apply for a pardon.-1 Chitty, Cr. Law, 654; 6 T. R. 638.

CHAPTER XXVII.

OF JUDGMENT AND ITS CONSEQUENCES.

THE Court of King's Bench may give judgment in every case, whether the indictments were originally found there or removed by certiorari from any inferior tribunal.-2 Hale, 401; 4 Mau. & Selw. 71.

By 14 Hen. VI. c. 1, justices of nisi prius are empowered in cases of felony and treason, to pass sentence on a prisoner convicted before them; or they may return the postea, together with the criminal, into the Court above, if they think proper.-1 Ch. Cr. Law, 697.

By 11 Hen. VI. c. 6, and 1 Edw. VI. c. 7, justices of oyer and terminer, gaol delivery, and of the peace, have power to give judgment by virtue of their respective commissions; and this, even though the trial was before former commissioners.-Ibid.

If an inferior Court do not give judgment, the King's Bench may issue a mandamus.-7 T. R. 467.

By 11 Geo. IV. and 1 Will. IV. c. 70, s. 9, upon all trials for felonies or misdemeanors upon any record of the King's Bench, judgment may be pronounced during the sittings or assizes by the judge before whom the verdict was taken-(except only in cases of information filed by leave of the King's Bench, or in cases of information filed by the attorney-general, where he prays that the judgment may be postponed,) and the judge may either order an immediate commitment in execution, or may respite the execution until the sixth day of the next term.

No corporal punishment can in any case be awarded against a defendant, unless he be personally present. He may be fined in his absence-but to mitigate a fine, he must appear in person.-2 Hawk. c. 48, s. 17; 4 B. & C. 329.