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Proceedings on appeal may be ordered to be carried on by a constable; and the expenses of prosecution may be charged on the county.
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38. In every case in which any appeal shall be made by any person convicted of any offence under the provisions of this Act to the quarter sessions, it shall be lawful for the convicting justice or justices, if no other fit and proper person shall appear to prosecute such charge, and to carry on such proceedings as may be necessary to obtain at such session an adjudication thereon, to order that an inspector, or superintendent, or serjeant of police within the police district of Dublin Metropolis, or, if elsewhere, a county inspector, sub-inspector, head or other constable of the district in which the house kept by the person charged shall be situate, as to the said justice or justices respectively shall seem fit, shall carry on all proceedings necessary to obtain such adjudication as aforesaid, and to bind any such inspector, superintendent, or serjeant of police, or county inspector, sub-inspector, head or other constable, in a sufficient recognizance so to do; and it shall be lawful for the justice or justices before whom such offender shall have been convicted to order the treasurer of the county in and for which such justice or justices shall then act to pay to such inspector, superintendent, serjeant of police, or county inspector, sub-inspector, head or other constable, and to the witnesses on his behalf, such sum or sums of money as to the court shall appear to be sufficient to reimburse them respectively the expenses which they shall have been severally put to in and about such prosecution, which order the clerk of the peace is hereby directed and required forthwith to make out, and to deliver to such constable, superintendent, inspector, or other peace officer and witnesses respectively; and the said treasurer is hereby authorized and required, upon sight of such order, forthwith to pay to the person authorized to receive the same such money as aforesaid; and the said treasurer shall be allowed the same in his accounts.
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