264
THE NEW ZEALAND GAZETTE.

the issue or delivery of Jury process, or selection of
Jurors, or summoning of Jurors or otherwise, is
required to be done at or within a particular time or
period of time therein mentioned, it shall be lawful
for the Governor in Council, from time to time, to
order that, for the purpose of any special sitting of
the Supreme Court appointed as in the said Act
mentioned, such act, matter, or thing shall be done
at or within some other and shorter, or earlier or
later time, as he may think fit: And whereas by
"The Disturbed Districts Act, 1869," it is also
enacted that if at any time it shall appear to the
Governor in Council expedient that, for the purposes
of any such special sitting of the Supreme Court, a
jury list should be formed or jurors should be
selected or summoned in a different manner from that
now provided by law, or that any provision of "The
Jury Act, 1868," should be suspended, it shall be
lawful for the Governor in Council to declare that
"The Jury Act, 1868," or any part or parts thereof,
shall not apply to trials to be held at such special
sitting, and that, for the purposes of such special
sittings, juries shall be formed of and from such per-
sons or in such manner as shall be in accordance
with Rules to be from time to time made by the
Governor: And for the purpose of any such special
sitting it shall be lawful for the Governor from time
to time to make Rules, and the same from time to
time to revoke or alter, prescribing what persons
shall be liable to serve on such juries, or providing
for the formation of lists of persons liable to serve as
jurors, or for the issuing of jury process, or for the
summoning of jurors, or for selecting from such lists
the jurors to be summoned, or for the challenging of
jurors on the part of the Crown or the person in-
formed against, or for selecting juries from the jurors
summoned, and, generally, for the formation of juries
for the trial of informations exhibited at any such
special sitting of the Supreme Court, and, generally,
in and by such Rules to make such other provision
as the Governor may think fit in lieu of any part of
"The Jury Act, 1868," which may have been sus-
pended, and also in and by any such Rules to fix and
appoint pecuniary penalties for the breach of any
such Rules, which penalties shall be recovered in a
summary way before any two or more Justices of
the Peace: Provided that as to any penalties for
neglect or refusal to attend or serve on any such
jury, the Judge or Judges before whom any such
special sitting shall be held shall have the same
power of enforcing such penalty as the Supreme
Court or any Judge thereof now hath in like cases in
the exercise of the ordinary criminal jurisdiction of
such Court: Provided, however, in such cases, the
juries shall consist of such number of jurors, not less
than five nor more than twelve, as the Judge or
Judges before whom any information is to be tried
shall in each case direct, and the verdict of every
such jury shall be an unanimous verdict:
And whereas, by an Order in Council bearing
even date herewith, a special sitting of the Supreme
Court has been appointed under the said Act to be
held at the Supreme Court House, at Wellington, at
ten of the clock in the forenoon, on the twenty-
seventh day of June, before Alexander James
Johnston, Esquire, a Judge of the Supreme Court:
And whereas it is expedient that, for the purposes
of the said special sitting of the Supreme Court, so
much of the twenty-first section of "The Jury Act,
1868," as provides that the Jury precept mentioned
in the said section shall be delivered to the Sheriff
or other person to whom the same is directed four-
teen days before the same is returnable, should be
suspended:
Now therefore, His Excellency the Governor, in
exercise of the powers vested in him by the said Act,

by and with the advice and consent of the Executive
Council of New Zealand, doth hereby declare that
such part of the twenty-first section of "The Jury
Act, 1868," as provides that the Jury precept
mentioned in the said section shall be delivered to
the Sheriff or other person to whom the same is
directed fourteen days before the same is returnable,
shall not apply to the trials to be held at the said
special sitting, but that the said precept shall be
issued to the Sheriff or other person to whom the
same is directed not less than seven days before the
same is returnable.

HENRY D. PITT, Capt., R.A.,
Private Secretary
(for Clerk of the Executive Council).

G. F. BOWEN, Governor.
ORDER IN COUNCIL.

At the Governinent House, at Wellington, this
thirteenth day of June, 1870.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by an Act of the General Assembly
of New Zealand, intituled "The District
Courts Amendment Act, 1865," it is enacted that
the powers conferred on Judges of District Courts in
and by the twenty-fifth, twenty-sixth, and twenty-
seventh sections of "The District Courts Act,
1858," shall be exercised only within such districts
as shall from time to time be named by the Governor,
by Order in Council published in the New Zealand
Gazette, as districts within which such powers may
be exercised:

Now therefore, His Excellency the Governor, in
exercise of the power and authority so vested in
him as aforesaid, doth, by and with the advice and
consent of the Executive Council, name and appoint
the District consisting of the Province of Hawke's
Bay, and that portion of territory within the Province
of Auckland bounded on the South by the boundary
line separating the Provinces of Auckland and
Hawke's Bay; on the West-north-west by a straight
line from the point of intersection of the said
boundary line and the overland mail track from
Napier to Auckland, across Lake Waikari to Lottin
Point, between Cape Runaway and East Cape; on
the North and East by the sea from Lottin Point to
the said boundary line at Boat Harbour, as a district
within which the Judge of the District Court of
Hawke's Bay may exercise the powers conferred by
the twenty-fifth, twenty-sixth, and twenty-seventh
sections of "The District Courts Act, 1858."

FORSTER GORING,
Clerk of the Executive Council.

G. F. BOWEN, Governor.

To David Forsyth Main, Esquire, Member of the
House of Representatives, and Thomas Cass,
Esquire,-Greeting:

WHE
HEREAS I did, by a Commission bearing date
the fifth day of April, one thousand eight
hundred and seventy, authorize and appoint you the
said David Forsyth Main and Thomas Cass to be
Commissioners to hear and receive, on oath or other-
wise as you might think fit, the evidence of all such
persons as should be able to give evidence before
you or either of you touching a certain claim of one
George Hempelman, and touching certain other
matters in the said Commission set forth, and to
report your several proceedings and opinion touching
the premises; and I did thereby enjoin you, within
two calendar months after the date of the said Com-
mission, to certify to me, under your hands and
seals, your several proceedings and your opinion