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Payment of and presentment for expenses of prosecutors and witnesses in cases of felony.
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105. Where any person shall have been tried for any felony whatsoever it shall be lawful for the court before whom such person shall have been tried, in case it shall appear that there was a reasonable ground of prosecution, to order the treasurer of the county in which the offence shall have been or shall have been alleged to have been committed, to pay to the prosecutor, upon his application, such sum of money as to such court shall seem reasonable, not exceeding the expenses which it shall appear to the court that such prosecutor may have bonâ fide incurred in carrying on such prosecution; and in case such prosecutor shall appear to the court to be in poor circumstances, such court may make a further reasonable allowance to such prosecutor for trouble and loss of time, which order the clerk of the crown or clerk of the peace respectively is hereby directed and required forthwith to make out and deliver to such prosecutor without fee or reward; and when any person shall appear on recognizance or subpœna to give evidence as to any felony whatsoever, whether the prosecution of such felony be commenced or carried on by or under the direction of any law officer of the crown or any other person, it shall be lawful for the court before which such person shall appear, whether any bill of indictment be preferred or not to any grand jury, in case such person shall bonâ fide have attended in obedience to such recognizance or subpœna, to order the treasurer of the county in which the offence shall have been or shall have been supposed to have been committed, to pay unto such person such sum of money as shall seem reasonable, not exceeding the expenses which it shall appear that such person has bonâ fide incurred by reason of the said recognizance or subpœna; and in case such person shall appear to be in poor circumstances such court may make a further reasonable allowance to such person for trouble and loss of time; which order the clerk of the crown or the clerk of the peace respectively is hereby directed and required forthwith to make out and deliver to such person; and such treasurer is hereby authorized and required, out of any public money in his hands, forthwith to pay to any such prosecutor or witness respectively, or to any person by him or her authorized, any such sum of money so ordered, and such treasurer shall be allowed the same in his accounts; and the grand jury of such county shall at each assizes present all sums so paid to such prosecutors and witnesses respectively, to be raised either off the county at large or upon any barony thereof, as to such grand jury shall seem fit; and such presentment may be made without any previous application to presentment sessions.
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