tried there not on his own application and acquitted, caused by the removal of the trial, to be repaid-deducting any advance made under s. 25. A person not bound over, and who was not the prosecutor, but who assisted in getting up a prosecution, was not entitled to any costs: Yates, 7 Cox C. C. 361, 1857; Cook, 1 F. & F. 389, 1858. In Bushell, 16 Cox C. O. 367, 1888, a wife was allowed the costs of her prosecution against her husband for assault, although she was not bound over to prosecute, the clerk to the magistrate having bound over the police to prosecute. 'Where,' said L. Coleridge C.J., there is a private prosecutor, and that prosecutor conducts the case before the magistrates, I do not think the magistrates' clerk ought to step in and take the case out of the private prosecutor's hands.' These difficulties cannot occur under the 1908 A., which speaks of the costs of the prosecution' and not of the prosecutor.' Before verdict] In general no costs will be allowed before the trial has taken place; as when it is postponed. Hunter, 1829. However, in a case of murder, which was postponed until the following assizes on defendant's application, and in which the costs of the prosecution were very heavy, Alderson B. made an order for their payment. Bolam: so stated in previous editions of this work. So where a trial for murder was postponed, as defendant had been removed to a lunatic asylum, Pollock O.B. did not allow the costs; but at the next assizes, on an affidavit of a hopeless state of insanity, Patteson J. allowed the costs and bound over the witnesses. Dwerryhouse, 2 Cox C. C. 446, 1847: see now 8 E. 7, 15, 7. And where on a charge of administering noxious drugs an essential witness was ill and the trial was postponed, costs were allowed by Lush J. on an affidavit by the prosecutor that he had paid 127., but that he was poor and quite unable to defray any further expenses. Wilson, 12 Cox C. C. 622, 1874, and Dooley, 1871, in the note. The 1908 A. certainly does not take this power away. Money found in possession of defendant] If such money belongs to someone else it cannot be applied to the costs of the prosecution. But when a rpd. s. expressly authorised moneys taken from' defendant on his apprehension' being so applied, such an order was valid against the trustee in bankruptcy, notwithstanding that defendant was adjudged bankrupt between the arrest and the conviction. Roberts, L. R. 9 Q. B. 77; 43 L. J. M. C. 17; 12 Cox C. C. 574, 1873, per Blackburn and Quain JJ. Criminal lunatic] The costs of his maintenance may be recovered as a crown debt from his estate: Re J., 21 Cox C. C. 766, 1909: C. A. c. Payment by other than local authorities] By s. 8 of the principal A.: 'Nothing in this Act shall affect the operation of any enactment for the time being in force which provides for the payment of the costs of the prosecution or defence of an indictable offence out of any assets, money, or funds other than local funds or by any person other than the prosecutor or defendant.' d. Appeals to Q. S.] By 12-3 V. 45, 5: Upon any appeal to any court of general or quarter sessions of the peace, the court before whom the same shall be brought may, if it think fit, order and direct the party or parties against whom the same shall be decided to pay to the other party or parties such costs and charges as may to such court appear just and reasonable, &c.' See Archbold's Quarter Sessions, 6th ed. p. 267 (1908). By 54-5 V. 15 (Merchandise Marks A. 1891), 2 (extended to Board of Agriculture by 57-8 V. 19, 1), prosecutions under the Merchandise Marks A. 1887, undertaken in the general interests of the country by the Board of Trade shall be paid for out of moneys provided by Parliament. e. Legal aid] By 3 E. 7, 38, judge of the court of trial to a the nature of' his 'defence the committing justices. The 1903 and are printed Statutory 1903, Crim. Proc. Eng., p. 6. Stat. R. & O. 1904, p. 123. 6 1 (1): 'Legal aid' may be granted by a poor prisoner,'* regard being had to as disclosed' in the proceedings before expenses are regulated by Orders of Rules and Orders, Revised to Dec. 31, The Rules under this A. are printed e. Compensation. By defendant] See this title under Judgment; Convict's Property. By way of reward for the apprehension of offenders] By 7 G. 4, 64, 28: Where any person shall appear to the court trying an indictment 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 firearms 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 house-breaking, or with robbery on the person, or with arson, or with horse-stealing, bullockstealing, or sheep-stealing, or with being accessory before the fact to any of the offences aforesaid, or with receiving any stolen property, knowing the same to have been stolen, every such court is hereby authorised 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, exertions, and loss of time in or towards such apprehension; and where any person shall appear to any court of sessions of the peace, to have been active in or towards the apprehension of any party charged with receiving stolen property knowing the same to have been stolen, such court shall have power to order compensation to such person in the same manner as the other courts hereinbefore mentioned; provided always, that nothing herein contained shall prevent any of the said courts from also allowing to any such persons, if prosecutors or witnesses, such costs, expenses and compensation, as courts are by this Act empowered to allow to prosecutors and witnesses respectively.' By 14-15 V. 55, 8, the power of Q. S. in this particular is extended to all the offences mentioned in 8. 28, above, which such sessions may have power to try,' and 'pro For the ancient distribution of funds in charity to such persons, see 2 Burr. 67, 1759. vided that such compensation to any one person shall not exceed the sum of five pounds.' There is a similar enactment in cases of homicide where both deceased and defendant were subject to the Mutiny A., 25-6 V. 65, 11. See also under Escape. It was held that the case of sacrilege was not included in the above section, not coming within the words burglary or house-breaking. Robinson, 1 Lew. O. C. 129, 1828. On the authority of this case, a similar application was refused, though two judges would otherwise have been disposed to put a different construction on the statute. Ib. But where a woman was indicted for an attempt to murder her child by suffocating it, a constable was allowed his extra expenses in apprehending her, the judge thinking that the case was within the spirit and intention of the s., though not within the words. Durkin, 2 Lew. O. C. 163, 1837. It has been held, however, by Maule J. that a stealing from the person is not within the words robbery on the person.' Thompson, York Spr. Ass. 1845, MS: 3rd ed. of this work (1846). Under the word 'exertions' in the above clause, a prosecutor was ordered a gratuity of five pounds for his courage in apprehending defendant. Womersly, 2 Lew. O. C. 162, 1836. The s. has been liberally interpreted: see 2 Russ. Ori. 2053; if the 'exertions,' &c. are not in evidence, the application must be on affidavit: ib. 6 By 7 G. 4, 64, 29, there is a fee of five shillings to the officer of the court (except at Q. S., s. 8, above) for such an order. Scales of compensation] Under 14-15 V. 55, 5, as amended, a secretary of state may make regulations. But none have been made: Index to St. R. & O. in force Dec. 31, 1915, Crim. Proc. Eng. p. 169. Allowance to the widows and families of persons killed in endeavouring to apprehend offenders] By 7 G. 4, 64, 30: 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 [in s. 28], 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: and the order for payment of such money shall be made out and delivered by the proper officer of the court unto the party entitled to receive the same, or unto some one on his or her behalf, to be named in such order by the direction of the court; and every such order shall be paid by and repaid to the sheriff in the manner' mentioned in s. 29. For an instance of such an order, see Platel, 38 L. J. newsp. 273, 1903: 2331. to support widow and children. PART II. EVIDENCE OF CRIMES (INCLUDING ATTEMPTS). ABDUCTION OF ELECTORS. See Undue Influence. Common law] It seems very doubtful how far abduction was in any case an offence at common law: see Twistleton, 1669. Of course, if the woman did not consent, there would be an assault on her: Barratt, 1840; if she consented, but those having lawful charge of her resisted, and force were used, there would be an assault on them. A conspiracy also to seduce would be an offence at common law, or to induce a woman, whether chaste or unchaste, to become a prostitute: see Conspiracy; Howell, 4 F. & F. 160, 1864. Nearly all the authorities usually quoted to show that this is an offence at common law, may be explained on one or other of these grounds. See Wright on Conspiracies, p. 106, and L. Grey and others, 1 East P. C. 460; Mears, 2 Den. C. C. 79; 20 L. J. M. O. 59; 4 Cox C. C. 423, 1851; 1 Hawk. P. C. 1, 42 (1st part), speaks of clandestine marriage only as an offence by statute. L. Grey, &c. seems to be the only known case of abduction at common law, and there the information was mainly for conspiracy. At any rate, there has been no common law case reported for a very long time. East is clear that marrying a woman under age without the consent of her father, &c., is not an offence at common law: but the taking of children from the proper custody to marry them, by any sinister means,' is indictable. P. C. 458-60. Perhaps the explanation is that the element of force always constitutes a common law offence: see Force, below. Forcible abduction of a woman-girl under twenty-one] By 24-5 V. 100, 53: 'Where any woman of any age shall have any interest, whether legal or equitable, present or future, absolute, conditional, or contingent, in any real or personal estate, or shall be a presumptive heiress or co-heiress, or presumptive next of kin, or one of the presumptive next of kin, to any one having such interest, whosoever shall, from motives of lucre, take away or detain such woman against her will, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person; and whosoever shall fraudulently allure, take away or detain such woman, being under the age of twentyone years, 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, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding fourteen years . . .; and whosoever shall be convicted of any offence against this section shall be incapable of taking any estate or interest, legal or equitable, in any real or personal property of such woman, or in which she shall have any such interest, or which shall come to her as such heiress, co-heiress, or next of kin as aforesaid; and if any such marriage as aforesaid shall have taken place, such property shall, upon such conviction, be settled in such manner as the Court of Chancery in England or Ireland shall upon any information at the suit of the attorney-general appoint.' Intent to marry, &c.] By s. 54: 'Whosoever shall by force take away or detain against her will any woman, of any age, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, shall be guilty of felony, and being convicted thereof shall be liable. . . to be kept in penal servitude for any term not exceeding fourteen years.' 6 Girl under sixteen] By s. 55: Whosoever shall unlawfully take or cause to be taken any unmarried girl, being under the age of sixteen years, 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, shall be guilty of a misdemeanour, and being convicted thereof shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour.' 6 Child-stealing] By 24-5 V. 100, 56: Whosoever shall unlawfully, either by force or fraud, lead or take away, or decoy or entice away or detain, any child under the age of fourteen years, with intent to deprive any parent, guardian, or other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong, and whosoever shall, with any such intent, receive or harbour any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away or detained, as in this section before mentioned, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be kept in penal servitude for any term not exceeding seven years or to be imprisoned .; and, if a male under the age of sixteen years, with or without whipping; provided that no person who shall have claimed any right to the possession of such child, or shall be the mother, or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child, or taking such child out of the possession of any person having the lawful charge thereof.' These two ss. are subject to ss. 19-21, 24, 26-32 of the Children A. 1908; so s. 7, below. The intent must be to deprive permanently of possession: W. Jones, 22 Cox C. C. 212, 1911, per Bosanquet C.S. Girl under eighteen] By 48-9 V. 69, 7: Any person who, with intent that any unmarried girl under the age of eighteen years should be unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, takes or causes to be taken such girl out of the possession and against the will of her father or mother or any other person having the lawful care or charge of her, shall be guilty of a misdemeanour, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour. Provided that it shall be a sufficient defence to any charge |