8. 23. This statute, however, does not extend to cases where the indictment is removed by certiorari at the instance of the prosecutor, and afterwards tried on the civil side at the assizes. R. v. Johnson et al., Ry. & M. 173. R. v. Oates, Ry. & M. 175. R. v. Richards, MS. Tr. 1828.

Costs of attending before the examining magistrate.] By stat. 7 G. 4, c. 64, s. 22, already noticed (supra), prosecutors and witnesses, in cases of felony, are to be allowed their expenses in attending before the examining magistrate or magistrates; and the section also enacts, "that the amount of the expenses of attending before the examining magistrate or magistrates, and the compensation for trouble and loss of time therein, shall be ascertained by the certificate of such magistrate or magistrates, granted before the trial or attendance in court, if such magistrate or magistrates shall think fit to grant the same:" the other expenses to be ascertained by the proper officer of the court. By that section, the magistrates' certificate was conclusive as to the amount of those expenses. But this is no longer so; for by stat. 14 & 15 Vict. c. 55, s. 6, the amount of such expenses shall also be ascertained by the proper officer of the court, but the amount thereof, as so ascertained, shall not exceed the amount mentioned in the certificate of the examining magistrate. So that now, it should seem, the prosecutor and witnesses are entitled to be allowed their expenses of attending before the examining magistrate, only in case such magistrate shall grant a certificate, and if granted, the amount therein allowed must be examined, and may be reduced on taxation, by the taxing officer of the court.

The 23rd sect. of stat. 7 G. 4, c. 64, above mentioned, which granted costs in certain cases of misdemeanors, contained a proviso, "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." But this proviso is now repealed by stat. 14 & 15 Vict. c. 55, s. 1; and as by stat. 7 G. 4, c. 64, s. 23, the prosecutors and witnesses are entitled to their expenses in the cases of misdemeanor therein mentioned, “in the same manner as in cases of felony," they are now entitled to these costs of attending before the examining magistrate.

In prosecutions for offences at sea.] It shall be lawful for the judge of the court of Admiralty, [and for the judges of the Central Criminal Court, 4 & 5 W. 4, c. 36, s. 22, or judges of assize, and commissioners of oyer and terminer, 7 & 8 Vict. c. 2, s. 1], in every case of felony, and in every case of misdemeanor of the denominations herein before enumerated, committed upon the high seas, to order the assistant to the counsel for the affairs of the Admiralty and navy, to pay such costs,

expenses, and compensation to prosecutor and witnesses, in like manner as other courts may order the treasurer of the county to pay the same.

In other cases.] Upon an indictment for a nuisance by a steam engine, it is enacted by stat. 1 & 2 G. 4, c. 41, that it shall be lawful for the court, by which judgment ought to be pronounced, in case of conviction upon any such indictment, to award such costs as shall be deemed proper and reasonable, to the prosecutor or prosecutors, to be paid by the party or parties so convicted as aforesaid, such award to be made either before or at the time of pronouncing final judgment, as to the court may seem fit.

In prosecutions for misdemeanors under stat. 12 & 13 Vict. c. 76 (procuring the defilement of women), the prosecutor and witnesses shall be allowed their expenses, in the same manner as in cases of felony. Id. ss. 2, 3.

In prosecutions for offences under stat. 14 & 15 Vict. c. 19, (namely, misdemeanors in being found at night, armed, with intent to break and enter a dwelling-house, or with implements of house-breaking, or disguised, or in a dwelling-house with intent to commit a felony,-or in inflicting grievous bodily harm with or without weapon,- —or for felony, in using chloroform, &c., with intent to commit or assist another in committing a felony), the court may allow the expenses of the prosecution in all respects as in cases of felony. 14 & 15 Vict. c. 19, s. 14.

But in prosecutions for felonies and offences against the Queen and government, under stat. 11 Vict. c. 12, the court shall not order payment to the prosecutor or witnesses of any costs which shall be incurred in preferring or prosecuting the indictment. Id. s. 10.

Rewards, &c., for apprehending certain offenders.] By stat. 7 G. 4, c. 64, s. 28, where any person shall appear to any court of oyer and terminer, gaol delivery, superior criminal court of a county palatine [or court of quarter sessions, so far as respects offences which the sessions have power to try, 14 & 15 Vict. c. 55, 8. 8,] 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 anything 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 with being accessory before the fact to any of the offences aforesaid,-or with receiving any 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 and loss of time, in or towards such apprehension.

And if any man shall 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 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. 7 G. 4, c. 64, s. 30.

What expenses, &c. allowed.] Formerly the justices at sessions were to make regulations as to the costs, expenses, and compensations to prosecutors and witnesses, by stat. 7 G. 4, c. 64, s. 26. But now that section is repealed by stat. 14 & 15 Vict. c. 55, s. 4; and by sect. 5 of the latter statute, it shall be lawful for one of Her Majesty's principal secretaries of state, to revoke any regulations made under the provision hereinbefore repealed, and to make regulations as to the rates or scales of payment of all or any costs, expenses, and compensations to be allowed or ordered to be paid, under the said Act or any other Act or this Act, to prosecutors and witnesses, and to persons attending the court in obedience to any recognizance or subpoena, in cases of criminal prosecutions,-and (except as hereinafter mentioned) to persons who may have been active in or towards the apprehension of persons charged with offences,-and also regulations as to the rates or scales of payment according to which certificates may be granted by the examining magistrate or magistrates in respect of the expenses of any prosecutor, or witness or witnesses for the prosecution, or other person, of attending before such magistrate or magistrates, and of any compensation for trouble and loss of time therein, in any case where any court or judge is empowered under the said stat. 7 G. 4, c. 64, or any other Act or this Act to order payment of such expenses or compensation, and concerning the forms of such certificates and the details or particulars to be inserted therein of the expenses, trouble, and loss of time to which such certificates relate; and it shall be lawful for one of Her Majesty's principal secretaries of state from time to time to alter any such regulations,

or make new regulations in relation to any of the matters aforesaid, and such regulations for the time being shall be binding on all courts and persons whomsoever.

Costs taxed, and order for the same.] By stat. 14 & 15 Vict. c. 55, s. 6, in all cases where the expenses, &c. of prosecutors or witnesses shall be allowed,-and in all cases where the court shall order payment (except as hereinafter mentioned) to any person, who may appear to have been active in or towards the apprehension of any person charged with any offence, of compensation for expenses, exertions, and loss of time in or towards such apprehension,-the amount of such costs, expenses, or compensation shall be ascertained by the proper officer of the court, according to the regulations made under this Act;-and where the expenses and compensation in respect of attending before any examining magistrate or magistrates are so ordered to be paid, such expenses and compensation shall also be ascertained by the proper officer of the court according to such regulations, but the amount thereof as so ascertained shall not exceed the amount mentioned in the certificate of the examining magistrate or magistrates, and, save as aforesaid, the certificate of any examining magistrate or magistrates shall not be conclusive as to the amount to be allowed for expenses of attendance before him or them, or for compensation for trouble or loss of time therein.

By stat. 7 G. 4, c. 64, s. 24, the order for payment to the prosecutor or witness shall be forthwith made out and delivered by the proper officer of the court unto such prosecutor or witness, upon being paid the sum of one shilling for the prosecutor, and sixpence for each of the other persons, and in ordinary cases shall be made on the treasurer of the county, riding, or division in which the offence was, or is supposed to have been, committed. Or if the offence have been committed in a liberty, franchise, city, or town, not contributing to the payment of the county rate, it 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, by the treasurer or officer having the collection or disbursement of the same; or where there is no such rate, it shall be paid out of the rate for the relief of the poor; and the order shall be directed accordingly. Id. 8. 25. See R. v. Treasurer of the Borough of Oswestry, 12 Shaw's J. P.73. And where a prisoner charged with having committed a capital offence in any town or place having exclusive jurisdiction, shall be committed to the county gaol for trial at the assizes, in pursuance of stat. 1 G. 4, c. 14, the expenses the county shall be put to by reason of such commitment shall also be paid by such town or place. 1 G. 4, c. 14, s. 3.

And in cases where an indictment for an offence committed in a county of a city, or of a town, is preferred at the assizes for the adjoining county, as mentioned ante, p. 64, the order for expenses of the prosecutor and witnesses, &c., shall be directed to the person who should have been ordered to pay the same if the prisoner had been prosecuted for the offence in such county of a city, &c.; 38 G. 3, c. 52, s. 3; 14 § 15 Vict. c. 55, s. 23; and an order to pay the expenses the county shall have incurred by reason of the removal of the prisoner there for trial, &c., shall be directed in like manner. 51 G. 3, c. 100, s. 2.

The order for payment of expenses, &c., to persons active in apprehending certain offenders, as above mentioned, is made out by the officer of the court; that made on the death of such person, is made by the court itself; in both instances the order is directed to the sheriff of the county, who pays the amount, and is repaid by the commissioners of the Treasury. 7 G. 4, c. 64, 88. 29, 30.

5. Restitution of stolen Goods.

As to goods, &c., obtained by larceny, embezzlement, or false pretences, or by knowingly receiving the same, the stat. 7 & 8 G. 4, c. 29, s. 57, “to encourage the prosecution of offenders," enacts, that if any person, guilty of any such felony or misdemeanor, in stealing, taking, obtaining, or converting, or in knowingly receiving any chattels, money, valuable security, or other property whatsoever, shall be indicted for any such offence, by or on behalf of the owner of the property or his executor or administrator, and convicted thereof,--the property shall be restored to the owner or his representative; 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 negotiable instrument shall have been bona fide taken or received, by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice, and 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. A bank of England note, which had been paid and cancelled, was holden to be within this latter proviso. R. v. Stanton, 7 Car. & P. 431.