Star.
London, England, 1826-01-11 00:00:00

ata.

COUNTY PROSECUTIONS.

Extract from a Report of the Sateet Committee of.
the House of Commons, on the expenditure of County'
Rates:—

44 They (the Committee) observe, with regret, from the
iceounts of the Treasurers of Counties from 1792 to

1823, that a gradual increase has occuered in the expense"
of prosecutions, both from the number of prosecutions
and the increased expense of each. They refer the
Elluse to the whole of the printed returns ; they have
stated the amount in 1792 and 1823, as being the first
and laA years; and the years 1816 and 1817 were taken
to shew the increase in t:s o successive years. From 17

counties no accounts hate been returned; in 1792, in
1816 and 1817, four counties are .deficient in their re-
turns. With the allowances the totals for those ;ears
appear as follows :
1792 • • "On 11817 . X 45,947
1816 • . 76,617

21,671 1.1823

The increase may no doubt be attributed, in part, to
an augmented commerce and population, of which crime
is too natural a concomitant, &c. partly, perhaps, to an
allowance to prosecutors and witnesses, which has not
always been sufficiently controuled.
" Your Committee observe from the evidence, that
the expenses of prosecutions at the Assizes are, collec-
tively, and in each separate indictment, much heavier
than at the Sessions; but at both, the Court, by 27 Geo.
111. c. 3, and by 58 Geo. 111. c. 70, orders the Treasurer
to pay each witness a reasonable sum for his time,
trouble, and expense, which order the proper officer
makes out and delivers to the person to be paid, who*
receives it by himself, or through his agent, horn the
Treasurer. Over the orders at the Assizes the Magis-
trates have no controul. It appeared to your Commit-
tee that the expenses of prosecutions are generally al,
lowed in cases of felony; it sometimes happens that the
poorer class complain that the sum awarded is insuffi-
cient ; and it is to be apprehended, that if too small
sums were awarded to prosecutors, prosecutions would
diminish, and crimes go unpunished.
"Your Committee also ob e►ve, that since the passing
the Act 58 Geo. HI. c. 70, fees on acquittals and on bills
not found, are paid by the Counties; before the passing
of that Act they were often left unpaid; for the claim was
on the prisoner, who was generally unable to discharge
them. Your Committee also observe, that the expenses
of prosecutions are sometimes increased by more wit-
nesses than are necessary being bound over to appear
at the trial.
"Your Committee have a difficulty in suggesting by
what means the expenses of prosecutions may be dimi-
nished; but they observe that the greater number of
offences committed are aggressions on the increased
and increasing chattel property of the kingdom, while
the charge of prosecuting such offences falls exclusively
on the Poors' R lie, which is dr! ived Almost exclusively
from property consisting in lands and houses.
"Your Committee observe, that the payment of pro-
secutors has kept pace with the progress of S )ciety,,
which with its advantages has brought its disadvantage,
increase of crime. Tire payment of their expenses first)
occurred in the year 1752; by 2.5 G. o. 11. c. 36. the
expense of the prosecution of disorderly houses was al-
:owed; and by the 27 Geo.ll. c. 3, the poorer sort are,
by a reasonable payment for their time, trouble, and
expense, to be encouraged to appear as witnesses against
offenders; hence, from the original payment of the
p aster sorts it has become the practice to pay all sorts
of pets ns ; and by 58 Ge 111. it is nowlawful to pay
all witnesses.

" Your Committee conclude their It port by observ-
ing, that by the statute of Richard 11. c. 10, each Nl,l-
- during his attendance at the 'Sessions, is al-
lowed tour shillings a day, and the Clerk of the Peace
two ; which sums are severally payable through
the Sherff—a circumstance now adduced to spew that

the administration of ju tice was, at that time, in part
defrayed by the State ; and it appears at the present
time, by the 58th George HI. that the expense of pro-
secuting the several offences of house-breaking,bur glary,
and horse-sealing, and some others, are defrayed nearly
in the same way. Your Committee alio ob.erve, that
the rewards that were allowed (or the apprehension of
offenders were always paid to the prosecutors towards
their expenses ; but since the repeal of that law, the
expenses are all paid from the County Rate.
" Your Commute, therefore, deeply sensible of the
h irdship af throwing the expenses of prosecutions,
great part, on the County Rites, are inclined to suggest
to the House that a part of those expenses shouli, in
luture, be borne by the general lands of the county;
and they therefore rer.ommend, that those expenses of
prosecutions, over vi!) ch the Magistrates, who may be
said ro rep esent the land, have no controul, should be
p i 1 by the Receiver-General of the county ; and that,
thoseexper,ses which the Magistrates canorder and check,
should be paid, as at present, from the County Rate, by
the County Treasurer; the result of which recom-
mendation would be, that the expense of prosecutions at
the Sessions would fall upon the COllllLieS, and that at
the Assizes on the general funds of the country.
" June 21, 1825."