Preamble.

Juftices, out of feffion,

impowered to award cofts

on determina

tion of complaints brought betore them.

CA P. XIX.

An act for the payment of costs to parties, on complaints determined before juftices of the peace out of feffions; for the payment of the charges of conflables in certain cafes; and for the more effectual payment of charges to witnesses and profecutors of any larceny, or other felony.

HEREAS by the laws now in being, his Majefty's juftices of the peace are not fufficiently authorifed, on complaints that come before them out of feffions, to award cofts against either the perfon or perfons complaining, or the person or perfons against whom any complaint is made, as to juflice may appertain may it please your Majefty that it may be enacted; and be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That where any complaint shall be made before any of his Majesty's justices of the peace for any county, riding, divifion, city, town corporate, franchife, or liberty, and any warrant or fummons fhall iffue in confequence of fuch complaint, that then it thall and may be lawful to and for any juftice or juftices of the peace, who shall have heard and determined the matter of the faid complaint, to award fuch cofts to be paid by either of the parties, and in manner and form as to him or them fhall feem fit, On refufal of to the party injured: and in cafe any perfon, fo ordered by the party to pay, faid juftice or juftices of the peace to pay fuch fums of money may be levied as aforefaid, fhall not forthwith pay down or give fecurity for the fame to the fatisfaction of the juftice or juftices, it thall and may be lawful for the faid juftice or juftices, by warrant under his hand and feal or their hands and feals, to levy the faid fum or fums by diftrefs and fale of the goods and chattels of fuch perfon fo refufing or neglecting; and where goods and chattels of fuch perfon cannot be found, to commit fuch person to the house of correction, for the county, riding, divifion, city, town corporate, franchise, or liberty, wherein fuch perfon fhall refide, there to be kept to hard labour for any time nor exceeding one month, nor less than ten days, or until fuch fum or fums of money, together with the expences attending the commitment of fuch perfon to fuch house of cor-, rection, be first paid.

etc. the fame

by distress.

If the penalty on any convic amountto 51. the costs fhall be deducted thereout, etc.

tion fhall

II. Provided nevertheless, That upon the conviction of any perfon or perfons upon any penal statute or ftatutes, where the penalty or penalties fhall amount to or exceed the fum of five pounds, the faid costs fhall be deducted by the faid juftice or ju ftices, according to his or their difcretion, out of the faid penalty or penalties, fo that the faid deduction fhall not exceed one fifth part of the faid penalty or penalties; and the remainder of the faid penalty or penalties fhall be paid to, or divided among, the perfon or perfons who would have been entitled to the whole of The forms an- the penalty or penalties in cafe this act had not been made.

nexed to this

act to be used.

III. And be it further enacted by the authority aforefaid,

That

That the feveral forms to this act annexed shall and may in the refpective cafes be used and obferved.

deliver to the

ed or received

on account of

iv. And whereas conftables, headboroughs, and tithingmen, are or Conftables, may be at great charge in doing the business of their parish, township, etc, fhall, every or place, and in many cafes are not fufficiently indemnified by the laws; three months, be it therefore enacted by the authority aforefaid, That every overfeers an conftable, headborough, or tithinginan, fhall every three months, account of and within fourteen days after he fhall go out of fuch office, money by deliver to the overfeers of the poor of the faid parish, township, them expendor place, for the time being, a just account in writing, fairly entered in a book to be kept for that purpose, and figned by him, their refpecof all fums fo by him expended on account of the faid parish, tive parishes. township, or place, in all cafes not hitherto provided for by the laws heretofore made, or by this act, and alfo of all fums received by him on the account of the faid parish, township, or place; and the faid overfeers of the poor, or their fucceffors, hall, within the next fourteen days after the said account or accounts fhall be fo delivered, lay the fame before the inhabitants of the faid parish, township, or place; and in cafe the faid account or accounts be approved of by the majority of fuch inhabitants, the overfeers of the poor of the faid parish, township, or place, for the time being, are hereby authorised and required to pay out of the poor rates, made or to be made, for fuch parish, township, or place, fuch fum or fums of money as hall appear to be due on the faid account or accounts; but in cafe the faid account or If any fuch accounts, or any part thereof, thall be difallowed, then the faid account shall be difallowed, overfeers of the poor for the time being fhall then deliver back juftice may to the faid conftable, headborough, or tithingman, fuch book fettle the fame. of accounts; and it shall and may be lawful to and for the faid conftable, beadborough, or tithingman, then to produce the faid book before any one or more of his Majefty's justices of the peace in and for the county, riding, divifion, city, town corporate, franchise, or liberty, wherein fuch parish or township shall be fituate, giving reasonable notice thereof to the overfeers of the poor of the faid parish, township, or place, for the time being; which faid juftice or juftices is and are hereby authorised to examine the fame, and to hear and determine any objection or objections that fhall be made to the faid accounts, and to fettle the fum which to him or them fhall appear due on the faid account, and to enter the fame in the said account, and to fign his or their name or names thereto; and the overfeers of the poor of the faid parish, township, or place, for the time being, are hereby authorised and required to pay the faid fum, out of the money which thall come to their hands by virtue of any rate or affeffment made or to be made for the relief of the poor.

a

determina

V. Provided nevertheless, That in cafe the overfeer or over- Appeal may feers of the poor of the faid parifh, township, or place, for the be made from time being, thall find that the faid parish, township, or place, is the juice's aggrieved by any neglect, act, or thing done, or omitted, by the tion, etc. to faid conftable, headborough, or tithingman, or by any of his the quarter Majefty's juftices of the peace, or fhall have any material objec- feffus,

who may

award cofts.

Provifo relat

rations, etc,

tion to fuch account, or any part thereof, or to fuch determination as aforesaid, it shall and may be lawful for fuch overseer or overfeers, in any of the cafes aforefaid, giving reafonable notice to the faid juftice, conftable, headborough, or tithingman, to appeal to the next general or quarter fellions of the peace for the county, riding, divifion, city, town corporate, franchise, or liberty, where fuch parish, township, or place lies; and the juftices of the peace there affembled are hereby authorifed and required to receive fuch appeal, and to hear and finally determine the fame; but if it fhall appear to the faid juftices, that reasonable notice was not given, then they fhall adjourn the said appeal to the next quarter feffions, and then and there finally hear and determine the fame; and the faid juftices may award and order, to the party for whom fuch appeal fhall be determined reasonable costs, in the fame manner that they are impowered to do in cafe of appeals concerning the fettlement of poor perfons, by an act made in the eighth and ninth years of King William the third, intituled, An alt for supplying fome defects in the laws for the relief of the poor of this kingdom.

VI. Provided always, That in all corporations or liberties ing to corpo- which have not four juftices of the peace, it fhall and may be lawful for the overfeer or overfeers of the poor of the parish, township, or place, for the time being, where an appeal is given by this act, to appeal, if he or they fhall think fit, to the next general or quarter feffions of the peace for the county, riding, or divifion, wherein fuch corporation or liberty is fituate.

Recital of an

Act 25 Geo. 2.
for preventing
thefts and
robberies, etc.

and of an act

27

Geo. 2. for

allowing the expences of poor witnesses in cafes of felony.

VII. And whereas, by an alt passed in the twenty-fifth year of his late majesty King George the fecond, intituled, An act for the better preventing thefts and robberies, and for regulating places of publick entertainment, and punishing perfons keeping diforderly houfes; it was recited, That whereas many perfons are deterred from profecuting perfons guilty of felony, upon account of the expence attending fuch profecutions, which is a caufe of the encouragement of thefts; and it was therein, among other things, enalted, That it should and might be in the power of the court before whom any person has been tried and convicted of any grand or petit larceny, or other felony, at the prayer of the profecutor, and on confideration of his circumstances, to order the treasurer of the county in which the offence shall have been committed, to pay unto fuch profecutor fuch fum of money as to the faid court fhall feem reasonable, not exceeding the expences which it shall appear to the court the profecutor was put unto in carrying on fuchTM profecution, making him a reasonable allowance for his time and trouble therein; which order the clerk of affize, or clerk of the peace, refpectively, was thereby directed and required forthwith to make out, and deliver unto fuch profecutor, upon being paid for the fame the fum of one filling, and no more: And whereas, by an act, passed in the twenty-feventh year of his late majesty King George the fecond, reciting, That the extence, as well as lofs of time, in attending courts of juftice, is a difcouragement to the poorer fort to appear as witnesses against offenders, who thereby efcape the publick justice, and the punishment due to their crimes; it was enacted, That when any poor perfon

fball

fball appear on recognizance in any court, to give evidence against another accused of any grand or petit larceny, or other felony, it should and might be in the power of the court, at the prayer and on the oath of fuch perfon, and on confideration of his circumstances, in open court to pay unto fuch perfon such sum of money as to the faid court shall seem reafonable, for his time, trouble, and expence ; which order the proper officer of fuch court is required to make out and deliver to fuch perfon, upon being paid for the fame the fum of fixpence, and no more: And whereas the faid recited acts of the twenty-fifth and twenty-Seventh years of his late majefly King George the fecond, have been a great encouragement towards bringing offenders to justice, in all fuch cafes as are within the purview of the faid ftatutes; but nevertheless it has been found by experience, that the faid herein-before recited fatute of the twenty-feventh year of his said late Majefly, with regard to perfons appearing on recognizance in any court to give evidence as aforefaid, extends only to poor perfons, fuch court also confidering their circumftances; and alfo does not extend to perfons appearing on fubpoena to give evidence: And whereas the faid act of the twenty-fifth year of his faid late Majefty, with regard to profecutors, directs the court to confider the circumflances of fuch profecutor, and also gives him relief only where the offender is convicted: And whereas it is juft and reaSonable, and may tend in future to the prevention of crimes, or to the due profecution of all offenders against the laws, that every profecutor to conviction, and every perfon fo appearing on recognizance or fubpoena to give evidence, should be allowed his reafonable expences, and alfo, in cafe he be poor, a reasonable fatisfaction for bis trouble and lofs of time; and that fuch allowance fhould be made to profecutors as aforefaid, even though the perfon fo accused be acquitted, provided it shall appear to fuch court, before whom the faid prifoner fhall have been tried, that there was a reasonable ground of profecution, and that the profecutor bath bona fide profecuted; be it further enacted by the The court, authority aforefaid, That, from and after the paffing of this act, before whom it shall and may be in the power of the court before whom any tried for feany person is perfon has been tried and convicted of any grand or petit larceny, lony, may or other felony, or before whom any perfon has been tried and order the acquitted of any grand or petit larceny, or other felony, in cafe treasurer of it thall appear to the said court that there was a reasonable ground etc. to pay of profecution, and that the faid profecutor hath bona fide profe- the profecutor cuted, to order, upon prayer of the faid profecutor, the treasurer his expences, of the county, riding, or divifion, in which the offence hall and an allow have been committed, or fhall have been fuppofed to have been ance for lofs committed, to pay unto fuch prosecutor fuch fum of money as to the faid court shall feem reasonable, not exceeding the expences which it shall appear to the court the prosecutor was bona fide put unto in carrying on fuch prosecution, making, in case the faid profecutor fhall appear to the court to be in poor circumstances, a reasonable allowance to such profecutor for trouble and lofs of time; which order the clerk of affize, or clerk of the peace, respectively, is hereby directed and required forthwith to make out and deliver unto fuch profecutor, upon being paid for the fame the fum of one fhilling, and no more; and the VOL. XXXII. treasurer

C

the county,

of time.

And perfons appealing in

court, on

recognizance or fubpœna, to give evidence, fhall in like manner be

allowed their expences, etc.

The quarter feffions to

make regula

tions for al

lowing the before-mentioned expences;

which are to be approved of by one of the judges at the affizes, etc.

Limitation of actions.

treasurer of the faid county, riding, or divifion, is hereby autho rized and required, upon fight of fuch order, forthwith to pay to fuch profecutor, or other perfon authorized to receive the fame, fuch fum of money as alorefaid, and fhall be allowed the fame in his accounts.

VIII. And be it further enacted by the authority aforesaid, That it fhall and may be in the power of the court, where any perfon fhall appear, on recognizance or fubpoena, to give evidence as to any grand or petit larceny or other felony, whether any bill of indictment be preferred or not to any grand jury, provided the faid perfon fhall, in the opinion of the faid court, bona fide have attended the faid court in obedience to fuch recognizance or fubpoena, to order the treafurer of the county, riding, or divifion, in which the offence shall have been committed, or fhall have been fuppofed to have been committed, to pay unto fuch perfon fuch fun of money as to the faid court fhall feem reasonable, not exceeding the expences which it thall appear to the faid court the faid perfon was bona fide put unto by reafon of the faid recognizance and subpœna, making, in cafe the faid perfon fhall appear to the court to be in poor circumstances, a reasonable allowance to fuch perfon for trouble and lofs of time; which order the clerk of affize, or clerk of the peace, refpectively, is hereby directed and required forthwith to make out. and deliver to fuch perfon, upon being paid for the fame the fum of fixpence, and no more; and the treasurer of the said county, riding, or divifion, is hereby authorifed and required, upon fight of fuch order, forthwith to pay to fuch perfon, or other perfon authorised to receive the fame, fuch fum of money as aforefaid, and fhall be allowed the fame in his accounts.

IX. Provided nevertheless, and be it further enacted, That it fhall and may be lawful for his Majefty's juftices of the peace, in and for any county, riding, divifion, city, town corporate, franchise, or liberty, in quarter feffions affembled, to lay down or alter, from time to time, fuch rules and regulations, as to any cofts or charges thereafter to be allowed to any perfon whatfoever, by virtue of any part of this act, for the better carrying the intent of any part of this act into execution, and for the preventing any unneceffary expence, as to them fhall feem mest just and reafonable; which rules and regulations, having received the approbation and fignature of one or more of his Majefty's judges of oyer and terminer, or general gaol delivery, at the affizes for the county wherein fuch rules and regulations fhall have been made, shall be binding, and not otherwife, on all perfons whatfoever; and no perfon whatsoever fhall Le allowed any greater fum of money, by virtue of this act, than according to the faid rules and regulations fo approved of as aforefaid, any thing herein contained to the contrary thereof in anywife notwithstanding.

X. And be it further enacted by the authority aforefaid, That if any action or fuit fhall be commenced against any perfon or perfons for any thing done in pursuance of this act; that then,

and