the general rates and assessments levied therein are applicable and accountable by law. 11 G. 4, c. 1. 2. Every fine and penalty imposed for the punishment of any What fines, offence prohibited by any Statute having force of law in Upper paid to the &c., shall be Canada only, and for the appropriation of which fine or penalty ReceiverGeneno other provision is made, and any duty or sum of money and ral in aid of the the proceeds of any forfeiture by any such Statute given to the Revenue Fund. Crown shall be paid into the hands of the Receiver General and shall form part of "The Consolidated Revenue Fund." 7 W. 4, c. 14, s. 5. Consolidated payment of 3. All fines and penalties imposed upon and levied in the Certain fines to several Counties in Upper Canada, not payable to the Recei- go towards ver General or to any Municipal Corporation, and all fines upon jurors. Jurors for non-attendance levied therein, shall be paid to the Treasurers of each of the said Counties respectively, and shall form part of the fund for the payment of Petit Jurors. 22 V. c. 100, s. 149. CAP. CXIX. An Act respecting the Fees of Counsel and other ER Majesty, by and with the advice and consent of the follows: to frame tariff minal and Ex 1. When not otherwise provided by law, the Courts of The Superior Queen's Bench and Common Pleas may from time to time Courts of Law jointly determine and by rule or order declare the fees to be of fees to be allowed to any Clerk of the Crown, Counsel, Attorney, allowed in CriSheriff, or other officer or person for or in respect of any chequer cases. business done or transacted in either of the said Courts in Criminal Prosecutions, and in all matters, causes and proceedings which regard the Queen's Revenue, and in all Prosecutions, matters and proceedings under any Commission or Court of Oyer and Terminer and General Gaol Delivery, or under any Special Commission or Court of Oyer and Terminer. 2 G. 4, c. 1, s. 45. Soprono 27170 and ap Judges con- 2. The table of fees for services rendered in the adminis- Fees fixed by Quarter Sestration of justice, and for other County purposes, by Sheriffs, sions, Coroners, Clerks of the Peace, Constables and Criers, heretofore proved of by the framed by the Justices of the Peace of their respective Counties in quarter sessions assembled and confirmed by the Judges of the Court of Queen's Bench at Toronto, is to continue until otherwise appointed, and the Chief Justices and other Judges of the Superior Courts of Common Law at Toronto may, from Until altered. time to time, as occasion requires, by rule or rules by them made in term time, appoint the fees to be taken and received by Mode of levying fees. By whom costs in prosecution for assault and battery to be paid. In case of fe lony, costs to be County funds. paid out of the Fees for ser tioned therein. by such Sheriffs, Coroners, Clerks of the Peace, Constables and Criers, for such services as aforesaid. 8 V. c. 38, s. 1. 3. All per centage, fees or allowances, on levying fines and recognizances, may be levied over and above the amount of such fines and recognizances, and all fees on services in the nature of a civil remedy, for individuals at whose instance and for whose private benefit the same are performed, shall be paid by such individuals, and the Judges shall, in tables to be by them framed as aforesaid, distinguish the fee to be paid by private individuals, and except as herein or otherwise provided by law, all other fees shall be paid out of the County funds. 8 V. c. 38, s. 2. 4. In case any person be convicted before any Court of Quarter Sessions of any assault and battery, or other misde meanor, such person shall pay such costs as may be allowed and taxed by the Court, but in case any Defendant or Defendants be acquitted, the costs of the prosecution, when not otherwise provided by law, shall be paid out of the County funds. 8V. c. 38, s. 3. 5. When any person is prosecuted or tried for felony and convicted or acquitted, or otherwise discharged, the costs of prosecution when not otherwise provided by law shall be paid out of the County funds. 8 V. c. 38, s. 3. 6. Nothing herein contained shall deprive any of the vices not men- before mentioned Officers of such fees as are allowed by any Act of Parliament, for other services not herein provided for. 8 V. c. 38, s. 3. County Treasurer's duty. 7. The Treasurer of every County shall, without further authority, pay the amount of the fees, which are payable out of County funds, when duly allowed by the Magistrates in Quarter Sessions assembled, as in the order prescribed by law for the payment of the expenses of the administration of justice, that is to say, after the expenses of levying and collecting and managing the rates and taxes imposed in any County are paid; all sums of money payable out of the funds of any County to the Sheriff, Coroner, Gaoler, Surgeon of the County Gaol, or to any other Officer or person, for the support, care or safe keeping of the prisoners in the County Gaol, or for the repairing and maintaining of the Court House or Gaol, or for any other pur pose whatever connected with the administration of justice within the County, shall be paid out of the County funds by the Treasurer before and when not otherwise provided by law in preference to all other charges. 8 V. c. 38, s. 5,-4, 5 V. c. 10, s. 59,-22 V. c. 15, s. 2, No. 3, (1859.) 8. If any Officer hereinbefore mentioned wilfully and knowofficer taking ingly demands or receives any other or greater fee or allowance Penalty for any higher fees for than than the fee and allowance established as aforesaid, for any of the said serthe services performed by them respectively, unless allowed by vices. some other Act of Parliament for other services as aforesaid, he shall, for every such offence, forfeit and pay the sum of forty dollars, to any person who sues therefor, in any Court having competent jurisdiction to hear and determine the same. 8 V. c. 38, s. 4. 9. All such suits and actions must be brought before the Limitation of end of six months after the offence committed, and not suits for peotherwise. 8 V. c. 38, s. 6. 10. Nothing in this Act is to affect the provisions of the Act respecting the expenses of the administration of Justice in criminal matters in Upper Canada. See next Chapter.) nalties. the Peace. 11. The following fees, and no others, shall be taken by Fees receivableJustices of the Peace in Upper Canada, or by their Clerks, for by Justices of the duties and services hereinafter mentioned, that is to say: 14, 15 V. c. 119, s. 2. For an information and Warrant for apprehension, or for an information and Summons for assault, trespass, or other misdemeanor, fifty cents; For each copy of Summons to be served on defendant or defendants, ten cents ; For a Subpoena, ten cents,-only one on each side being charged for in each case, and which may contain any number of names; and if the justice of the case requires it, additional Subpoenas shall be issued without charge; For every Recognizance, twenty-five cents, only one to be charged in each case; For every Certificate of Recognizance under the Act respecting Estreats, twenty-five cents; For information and Warrant for surety of the peace for good behaviour, to be paid by complainant, fifty cents; For Warrant of Commitment for default of surety to keep peace or good behaviour, to be paid by complainant, fifty cents. not expressly 12. The costs to be charged in all cases of convictions, Fees in cases where the fees are not expressly prescribed by any Statute, provided. shall be as follows, that is to say: 14, 15 V. c. 119, s. 3. For As to summary proceedings. Bill of costs if required. in cases above For information and Warrant for apprehension, or for information and Summons for service, fifty cents; For every copy of Summons to be served upon defendant or defendants, ten cents; For every Subpæna to a Witness, (as provided in the eleventh section of this Act,) ten cents; For hearing and determining the case, fifty cents; For Warrant to levy penalty, twenty-five cents; For making up every Record of Conviction when the same is ordered to be returned to the Sessions, or on certiorari, one dollar; For copy of any other paper connected with any trial, and the Minutes of the same if demanded,-every folio of one hundred words, ten cents. 13. But in all cases which admit of a summary proceeding before a single Justice of the Peace, and wherein no higher penalty than twenty dollars can be imposed, the sum of fifty cents only shall be charged for the Conviction, and twentyfive cents for the Warrant to levy the penalty; and in all cases where persons are subpoenaed to give evidence before Justices of the Peace in cases of assault, trespass or misdemeanor, the Witness shall be entitled, in the discretion of the Magistrate, to receive at the rate of fifty cents for every day's attendance, where the distance travelled in coming to and returning from such adjudication does not exceed ten miles, and five cents for each mile above ten. 14. Every Bill of Costs shall, when demanded, be made out in detail, and when so made, ten cents. 14, 15 V. c. 119, s. 3. Fees not allow- 15. This Act shall not authorize any claim being made by ed to witnesses the Justices aforesaid, for Fees of any description connected misdemeanors, with cases above the degree of misdemeanor; nor shall Witunless specially nesses in cases above such degree be allowed any thing for ordered. their attendance or travel, except under the order of the Court before which the trial of the case is had. 14, 15 V. c. 119, s. 6. CAP. САР. СХХ. An Act respecting the expenses of the Administration of Justice in Criminal matters in Upper Canada. T being expedient to provide that the expenses of the Administration of Justice in Upper Canada, paid by local taxation, immediately before the ninth day of June, one thousand eight hundred and forty-six, should be paid out of the Public Funds of the Province under the provisions hereinafter made: Therefore, Her Majesty, by and with the advice and consent of the legislative Council and Assembly of Canada, enacts as follows: 1. The whole of the expenses of the administration of Cri- How expenses minal Justice in Upper Canada shall be paid out of the Con- of criminal jussolidated Revenue Fund of this Province. 9 V. c. 58, s. 1. tice payable. 2. All accounts of or relative to the said expenses shall be Accounts to be examined, audited, vouched, and approved under such regula- audited in such tions as the Governor in Council, from time to time, directs and Governor in appoints. 9 V. c. 58, s. 2. manner as the Council ap points. 3. The several heads of expense mentioned in the Schedule What shall be to this Act, shall be deemed expenses of the administration of deemed such Criminal Justice within the meaning of this Act. 9 V. c. 58, expenses. s. 3. SCHEDULE. CLERK OF THE PEACE. Furnishing annually Lists of Constables to the Sheriff and Coroner Making up Lists of persons qualified by law to serve as Jurors, residing within the limits of each Division Court, specifying the place of residence and addition of each person, including the certificate and the transmission of the list to the Clerk of each Division Court Copies of Depositions or Examinations furnished to Prisoners or Defendants, or their Counsel, when proper to be furnished, and required by the party or his Counsel If payable by the Crown; and to be paid by the Crown, or by the party applying, according to the nature of the case. Receiving and filing each Presentment of the Grand Jury |