2. On Removal of Indictments before Verdict. See statutes 5 & 6 Will. & M. c. 11, and 5 & 6 Will. 4, c. 33, s. 2; and 16 & 17 Vict. c. 30, ss. 4 to 8; and Reg. v. Inhabitants of East Stoke, 34 L. J. (N. S.) M. C. 190. See also 19 & 20 Vict. c. 16, ante, p. 969, as to the removal of prisoners for trial at the Central Criminal Court, and 25 & 26 Vict. c. 65, as to murders by soldiers of other soldiers. SECT. VIII. COSTS ATTENDING THE PROSECUTION, &C. 1. Costs of conveying Accused to Gaol. 2. Expenses incurred by Prosecutor and Witnesses. 1. Costs of conveying Accused to Gaol. conveyance The constable having delivered the prisoner, with the war- 11 & 12 Vict. rant, to the gaoler, 11 & 12 Vict. c. 42, s. 26, enacts,—that c. 42. the gaoler, keeper or governor of the gaol or prison "shall Costs of "thereupon give such constable or other person so delivering to gaol. "such prisoner into his custody a receipt (T 2) for such pri- Sect. 26. "soner setting forth the state and condition in which such "prisoner was when he was delivered into the custody of "such gaoler, keeper or governor;-and in all cases where "such constable or other person shall be entitled 1 to his "costs or expenses for conveying such person to such prison "as aforesaid,-it shall be lawful for the justice or justices "who shall have committed the accused party, or for any "justice of the peace in and for the said county, riding, "division or other place of exclusive jurisdiction, wherein the "offence is alleged in the said warrant to have been com"mitted, to ascertain the sum which ought to be paid to "such constable or other person for conveying such prisoner "to such gaol or prison, 2 and also the sum which should 1 The constable, if a county police constable, would not be entitled to these costs if he be paid at a salary to include all his duties and expenses; nor would a justice grant the order where the prisoner was taken to the gaol in a state of drunkenness. Among police forces the regulations of the particular quarter sessions must be consulted and complied with in this respect. 2 These would be according to the scale of allowances settled by the sessions in the constable's county; under the 5 & 6 Vict. c. 109, s. 17, if a parochial constable. L 11 & 12 Vict." reasonably be allowed him for his expenses in returning,— c. 42. Sect. 26. Order on treasurer of county, &c. Money on prisoner may be applied toward expenses of his convey ance to gaol. "and thereupon such justice shall make an order (T 2) upon "the treasurer of such county, riding, division, liberty or place of exclusive jurisdiction,—or if such place of exclusive jurisdiction shall be contributory to the county rate of any county, riding or division, then upon the treasurer of such county, riding or division respectively,—or, in the county "of Middlesex, upon the overseers of the poor of the parish or place within which the offence is alleged to have been "committed, for payment to such constable, or other person "of the sums so ascertained to be payable to him in that "behalf; and the said treasurer or overseers, upon such order "being produced to him or them respectively, shall pay the "amount thereof to such constable or other person producing "the same, or to any person who shall present the same to "him or them for payment: "Provided nevertheless, that if it shall appear to the jus"tice or justices, by whom any such warrant of commitment "against such prisoner shall be granted as aforesaid, that "such prisoner hath money sufficient to pay the expenses, or "some part thereof, of conveying him to such gaol or prison, "it shall be lawful for such justice or justices, in his or their "discretion, to order such money or a sufficient part thereof "to be applied to such purpose." 3 Vide 3 Jac. 1, c. 10, s. 1, Vol. I., pp. 237, 238, which may still be made available for recovering these expenses by distress. Prosecutor FORM. [Vide T 2, No. 86, Oke's “ Formulist," 6th ed. p. 507.] 2. Expenses incurred by Prosecutor and Witnesses. The allowance of the costs of prosecutors and witnesses in allowance, &c. indictable offences is regulated principally by 7 Geo. 4, c. 64, and 14 & 15 Vict. c. 55, when the accused is committed or and witnesses' 3 The gaoler should certify on the back of the receipt for the prisoner (Form No. 87, p. 508, Oke's "Formulist," 6th ed.) the amount of money found upon the prisoner at the time of his being received into his custody, and on the same being produced to any justice he can grant an order (No. 88, p. 508, Oke's "Formulist," 6th ed.) on the gaoler to pay the constable his expenses of conveying the prisoner to gaol. held to bail to take his trial, and by 29 & 30 Vict. c. 52, when he is discharged. The expenses of the witnesses called by the accused before the examining magistrate before his committal are allowed under 30 & 31 Vict. c. 35, s. 5, post, p. 985. First: as to the cases in which the accused is committed or 1st. Where held to bail. The 7 Geo. 4, c. 64, s. 22, empowers the court accused committed for before which any person is prosecuted or tried for any felony, trial. and at the request of the prosecutor or of any other person 7 Geo. 4, c. 64. appearing on recognizance or subpoena, to allow the whole of the costs of the prosecution, i. e. the costs and expenses incurred by the prosecutor in preferring the indictment, and to him and his witnesses their expenses in attending before the examining magistrate and the grand jury, and in otherwise carrying on the prosecution, and compensation for their trouble and loss of time therein (see Reg. v. Cook, 1 F. & F. 389, Bramwell, B.); and the same, although no bill be preferred (for the offence of which the accused is convicted), if the persons shall have attended bona fide in obedience to a recognizance or subpoena (see Reg. v. Yates, 7 Cox's C. C. 361). The expenses of attending before the examining magistrate are to be ascertained by the certificate of such magistrate, 4 granted before the trial or attendance in court, if he shall think fit to grant the same; and the amount of all the other expenses and compensation is to be ascertained by the proper officer of the court, subject to the regulations established by the quarter sessions under sect. 26. But this latter section was repealed by 14 & 15 Vict. 14 & 15 Vict. c. 55, s. 4, and by sect. 5, the home secretary of state is autho- c. 55, ss. 4, 5. rized to make these regulations as to the rates or scales of payment according to which such certificates or orders may be granted, &c.; 5 but these certificates are not conclusive as to the amount to be allowed, which is to be ascertained by the proper officer of the court according to such regulations (sect. 6). By 7 Geo. 4, c. 64, s. 23, the like costs were allowed In certain (except those of attending before the examining magistrates) 4 Vide Form of Certificate, Oke's "Formulist," 6th ed. No. 89, p. 509, of which a like one has been issued by the Home Secretary. 5 Regulations under this enactment, containing in many instances very inadequate allowances, were made by the Home Secretary in February, 1858, and amended in some respects by other regulations made in February, 1863, and are set out in extenso at pp. 993-1000. misde meanors. 7 Geo. 4, c. 64, 8. 23. 14 & 15 Vict. c. 55, s. 1. For common assaults. 14 & 15 Vict. c. 55, s. 3. Result of provisions. in the following misdemeanors to persons attending upon recognizance or subpoena to prosecute or give evidence :Assault with intent to commit felony; attempt to commit felony; riot; misdemeanor for receiving stolen property knowing the same to have been stolen; assault upon a peace officer in the execution of his duty, or upon any person acting in aid of such officer; neglect or breach of duty as a peace officer; assault committed in pursuance of any conspiracy to raise the rate of wages; knowingly and designedly obtaining any property by false pretences; wilful and indecent exposure of the person; wilful and corrupt perjury; and subornation of perjury. But by 14 & 15 Vict. c. 55, s. 1, the exception of the expenses of attendance before the examining magistrate has been repealed; and by sect. 2 that section (7 Geo. 4, c. 64, s. 23), as amended by this act, is to extend and be applicable to certain other misdemeanors, viz., Unlawfully and carnally knowing and abusing any girl above the age of ten years and under the age of twelve years [now, "above the age of twelve years and under the age of thirteen "years," 38 & 39 Vict. c. 94, s. 4]; unlawfully taking or causing to be taken any unmarried girl being under the age of sixteen out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her; conspiring to charge any person with any felony; or to indict any person of any felony; conspiring to commit any felony. As respects common assaults, by 14 & 15 Vict. c. 55, s. 3, it is provided, that, where justices, acting under 9 Geo. 4, c. 31, s. 29 [now, 24 & 25 Vict. c. 100, s. 46, in Note 28, Vol. I., p. 304], bind parties by recognizance to prosecute or give evidence on bills of indictment for common assaults, costs as in cases of felony may be allowed at the discretion of the court; but this excludes witnesses subpoenaed to give evidence. The result of the several enactments is that the whole costs are allowed in all felonies, and the whole, or none, in the specified misdemeanors when the accused is committed or held to bail. There are, however, other misdemeanors in which the whole costs are allowed as in felonies, as under the Criminal Law Acts of 1861, 24 & 25 Vict. c. 96, s. 121; 24 & 25 Vict. c. 97, s. 77; 24 & 25 Vict. c. 98, s. 54; 24 & 25 Vict. c. 99, s. 42; 24 & 25 Vict. c. 100, s. 77 (which indeed apply also to some of the above-mentioned misdemeanors), all which, with the result of the above provisions in relation to each offence, will be seen in the 7th column of Chap. II., post. The order for payment of the costs allowed by the court is Order for payment of costs. to be made out, at the assizes by the clerk of assize, and at the sessions by the clerk of the peace, upon the treasurer of the county, riding, or division (7 Geo. 4, c. 64, s. 24), or the 7 Geo. 4, c. 64, treasurer, overseer, or other officer of liberties, &c., not con- ss. 24, 25. tributing to the county rate (sect. 25), in which the offence was committed. Since 1846, the sums paid have been repaid by the public treasury on an annual grant voted by parliament and inserted in the Appropriation Act. c. 35. The Criminal Law Amendment Act, 1867, 30 & 31 Vict. If witnesses e. 35 (mentioned ante, p. 958), s. 5, provides for the expenses bound by refor accused, of the witnesses called by the accused being allowed as part cognizance, of the costs of the prosecution: it enacts, "The court before appear at the trial, court "which any accused person shall be prosecuted or tried, or may allow "for trial, before which he may be committed or bailed to expenses. "appear for any felony or misdemeanor, is hereby authorized 30 & 31 Vict. "and empowered, in its discretion, at the request of any Sect. 5. person who shall appear before such court on recognizance to give evidence on behalf of the person accused, to order "payment unto such witness so appearing such sum of money as to the court shall seem reasonable and sufficient to com"pensate such witness for the expenses, trouble, and loss of "time he shall have incurred or sustained in attending before "the examining magistrate, and at or before such court;-6 "and the amount of such expenses of attending before the "examining magistrate, and compensation for trouble and "loss of time therein, shall be ascertained by the certificate "of such magistrate, granted before the attendance in court; "-and the amount of all other expenses and compensation "shall be ascertained by the proper officer of the court, who "shall, upon receipt of the sum of sixpence for each witness, "make out and deliver to the person entitled thereto an order "for such expenses and compensation, together with the said "fee of sixpence 7 upon such and the same treasurers and 6 The allowance may be made in the same certificate in which the allowance to the prosecutor and his witnesses are inserted. Form, Oke's "Formulist," 6th ed. p. 509, No. 89. 7 By "The Clerks of Assize, &c. Act, 1869," 32 & 33 Vict. c. 89, this |