Numb. 51.

649

THE

NEW ZEALAND GAZETTE.

Published by Authority.

WELLINGTON, THURSDAY, SEPTEMBER 24, 1874.

Fixing date of Sittings of Court of Appeal.

JAMES FERGUSSON, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this
eighteenth day of September, 1874.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The Court of Appeal Act,
1862," and "The Court of Appeal Act
Amendment Act, 1870," it is enacted that the Court
shall hold its sittings at such times and places as
shall be from time to time fixed by the Governor in
Council, and proclaimed in the Government Gazette
thirty days at least before the times so fixed respect-
ively:

Now therefore, His Excellency the Governor, with
the advice and consent of the Executive Council of
New Zealand, doth hereby fix that a sitting of the
Court of Appeal of New Zealand shall be held within
the Supreme Court House, in the City of Wellington,
and Province of Wellington, upon the ninth day of
November, one thousand eight hundred and seventy-
four, at eleven o'clock in the forenoon.

FORSTER GORING,
Clerk of the Executive Council.

Despatches from the Secretary of State.

Colonial Secretary's Office,
Wellington, 23rd September, 1874.

THE following despatches, with enclosures, from
Her Majesty's Principal Secretary of State for
the Colonies, are published for general information.

WILLIAM H. REYNOLDS,
(in the absence of the Colonial Secretary).

(No. 35.) Downing Street, 9th July, 1874.
SIR,-I have to request that you will inform Mr.
Donald McLean that Her Majesty has been pleased,
on my recommendation, to give directions for his

promotion to the dignity of a Knight Commander of
the Order of Saint Michael and Saint George.
I have, &c.,
CARNARVON.

Governor the Right Hon.
Sir James Fergusson, Bart., &c., &c.

Downing Street,
11th July, 1874.

(Circular.)
SIR, -I have the honor to transmit a copy of an Act,
37 and 38 Victoria, cap. 27, which has passed this
Session, intituled "An Act to regulate the Sentences
imposed by Colonial Courts where jurisdiction to try
is conferred by Imperial Acts."

2. As you are aware, jurisdiction is given by certain
   Imperial Acts, as, for instance, 9 George IV. cap.
   83, section 4, and 12 and 13 Victoria, cap. 96, to
   Colonial Courts to try offences committed beyond
   the jurisdiction of those Courts, and the persons
   convicted are made liable to suffer such punishment
   as by any law or laws in force at the time of the
   passing of such Acts, they would have been liable to
   if the offence had been committed and tried in
   England.

3. Difficulties have recently arisen, both in Victoria
   and Malta, in deciding what sentences could be
   passed upon persons tried and convicted in the
   Colonial Courts for offences committed out of the
   colonies, but made triable within them by Imperial
   Act; and the Act now transmitted has been passed
   with a view to prevent any such questions arising for
   the future.

4. The Act provides that such punishment may be
   inflicted in such cases as might have been inflicted if
   the offences had been committed within the colony.

5. The Act also includes cases, if any, where
   offences, if committed within the local jurisdiction
   of a Colonial Court, are by Imperial Act made
   punishable according to the law of England.

6. Moreover, special provision is made at the end
   of the third section to meet the case of an offence
   not punishable by the law of the colony in which the
   trial takes place; and the Colonial Court is in such