THE NEW ZEALAND GAZETTE. 87

fit for causing the construction without delay
of the following Public Buildings, that is to
say:-A Government House in the Domain,
a Supreme Court House, a Custom House,
and a Post Office, all in Auckland aforesaid.
And by these presents I give and grant to
you, or any three or more of you, full power
and authority to carry into effect the pur-
poses of the Commission by all lawful ways
and means whatsoever. And I direct that
you, the said Commissioners, shall from time
to time prescribe all such rules as may appear
to you to be necessary for giving notice of and
holding meetings for the due and orderly
conduct of the proceedings, and the effective
despatch of the business thereat. And I
direct that before proceeding to business,
the Commissioners present at each meeting
shall elect a Chairman for such meeting.
And I further direct that you keep a record
of your proceedings, and do report the same
from time to time for my approval and con-
firmation and for your assistance in the
execution of this my Commission, I have
appointed Sampson Kempthorne, Esq., to be
Secretary to this my Commission, and to
attend you, whose services and assistance you
will from time to time use as occasion shall
require.

Witness my hand, at Government
House, at Auckland, and is-
sued under the Seal of the
Colony of New Zealand, the
twenty-ninth day of February, in
the year of our Lord one thou-
sand eight hundred and sixty-
four.

By His Excellency's command,
WILLIAM FOX,
Colonial Secretary.

G. GREY.

CRIMINAL PROSECUTIONS.

THE Law in reference to Criminal Prose-
cutions is the same in New Zealand as
in England. Some person in all cases is or
ought to be bound over to prosecute, and
that person has a right to conduct the pro-
secution in the Supreme Court, or to employ
a Solicitor and Counsel to do so.
It has been thought advisable not to alter
the Law here, but, having regard to the
difference of circumstances between England
and New Zealand, there are certain details
for which some special provision should be
made, and especially specific instructions
given to those whose duty it is to conduct
prosecutions both before Justices of the
Peace and in the Supreme Court. The
following Regulations will for the future be
acted on:-

1. In all prosecutions, except in special
   cases, where Solicitors are employed by
   direction of the Government, or by prosecu-
   tors, the management of the case in the usual
   manner before Justices of the Peace will be
   left to the Police.

2. An allowance will be made to Prose-
   cutors and witnesses of expenses actually and
   necessarily incurred by them in attendance
   before Justices: the amount to be fixed by
   the Committing Justices immediately after
   the hearing of the case, and a certificate
   granted. The amount stated in the certificate
   will be paid on presentation at the Colonial
   Treasury or Sub-Treasury.

3. The Committing Justice, or his Clerk,
   shall ascertain from the prosecutor, as soon
   as a committal for trial takes place, whether
   he intends to take charge of the conduct of
   the prosecution, or authorises a Solicitor
   appointed by the Crown to act on his behalf.

4. If the prosecution is left to such
   Solicitor, the Committing Justice or his
   Clerk will make a memorandum on the
   depositions to that effect, and forthwith
   transmit them to the Registrar of the Supreme
   Court of the District in which the trial is to
   take place.

5. On receipt of the depositions, the
   Registrar will cause a copy to be made
   without delay, and transmit the same to the
   Crown Solicitor for the District.

6. It will be the duty of the Crown Solicitor
   to carefully consider the depositions at once,
   and prepare the case for the Supreme Court,
   taking special care that any additional wit-
   nesses that can be obtained in support of the
   case are subpœnaed. The Police will render
   assistance in serving subpœnas.

7. The Crown Solicitor or Counsel em-
   ployed by him will conduct the prosecution
   at the trial. The Police will render assistance
   in procuring the attendance of witnesses and
   having them ready to be examined when
   required, but the Solicitor will be responsible
   that this duty is properly performed.

8. It will be competent for the Judge pre-
   siding at the trial to give such directions as
   he may think fit as to the disallowance of
   the whole or any part of the costs of the
   prosecution, including allowances to wit-
   nesses.

9. Subject to such directions, the Solicitor
   who has conducted the prosecution, whether
   at the instance of the Prosecutor or of the
   Crown, will make out a Bill of Costs, including
   allowances to witnesses.

10. The Registrar of the Supreme Court
    at the place at which the trial takes place
    will tax the Bill of Costs, giving effect to any
    directions the presiding Judge may have
    given, and grant a certificate of the amount
    allowed in each case.

11. The amount allowed to the Crown
    Solicitor will be according to the following
    scale; and the amount specified in such
    certificate will be paid at the Treasury or
    Sub-Treasury on presentation of the certi-
    ficate to the Solicitor having charge of the
    prosecution, who will pay the witnesses their
    allowances.