1502

THE NEW ZEALAND GAZETTE.

[No. 87

5. Except where a solicitor is employed under the
   preceding regulation, the management of the prose-
   cution before Justices of the Peace will be left to
   the private prosecutor or the police.
6. In summary cases the witnesses will be allowed
   expenses, as provided in section 81 of "The Justices
   of the Peace Act, 1882."
7. In indictable cases before Justices of the Peace
   an allowance will be made to prosecutors and wit-
   nesses of expenses actually and necessarily incurred
   by them in attendance before Justices, as provided
   by section 160 of "The Justices of the Peace Act,
   1882," which shall not exceed the sums stated in
   the scale prescribed under Regulation 25 for wit-
   nesses before the Supreme Court.
   The certificates of such expenses must be printed
   on copies of Form No. 40 under the said Act, and
   are to accompany the depositions forwarded to the
   Supreme or District Court, as the case may require.
8. In all indictable cases the committing Justice
   shall ascertain from the prosecutor, as soon as a com-
   mittal for trial takes place, whether he intends to take
   charge of the conduct of the prosecution, or authorizes
   a solicitor appointed by the Crown to act on his
   behalf.
9. If the prosecution is left to the Crown Solicitor,
   the committing Justice or his Clerk will make a memo-
   randum on the depositions to that effect, and forth-
   with transmit them to the proper officer of the Court
   where the trial is to be held.
10. A strict compliance with Regulations 7, 8, and
    9 is enjoined on all Justices of the Peace in all cases
    to which they apply.

(2.) Indictable Offences.

11. On receipt of the depositions, the Registrar
    will, if the prosecution is left to the Crown Solicitor,
    cause a copy to be made without delay, and transmit
    the same to him.
12. It will be the duty of the Crown Solicitor to
    carefully consider the depositions at once, and pre-
    pare the case for the Supreme Court or District
    Court, taking special care that any additional wit-
    nesses that can be obtained in support of the case are
    subpœnaed.
13. The Crown Solicitor or counsel employed by
    him will conduct the prosecution at the trial.
    The police will render assistance in serving any
    process, procuring the attendance of witnesses and
    having them ready to be examined when required,
    but the Crown Solicitor will be responsible that this
    duty is properly performed.
14. It is competent to the Judge presiding 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 witnesses.
15. Subject to such directions, the solicitor who
    has conducted the prosecution will make out a voucher
    showing the costs payable to him, and also the allow-
    ances to witnesses.
16. The Registrar at the place at which the trial
    takes place will examine such voucher, giving effect
    to any directions the presiding Judge may have
    given, and grant a certificate of the amount allowed
    in each case.
17. The amount allowed to the Crown Solicitor
    will be according to the scale; and the voucher
    must be forwarded by the Registrar to the Depart-
    ment of Justice, for payment to be authorized.
18. Except when the prosecution is instituted by
    or by the direction of the Crown, or by or by the
    direction of a judicial authority having power to do
    so, the foregoing regulations apply only to felonies
    and the following misdemeanours :-

Conspiring to charge any person with any
felony, or to indict any person of any felony;
Conspiring to commit any felony;
Neglect and breach of duty as a Peace Officer;
Misdemeanours under "The Larceny Act, 1867;"
Misdemeanours under "The Offences against
the Person Act, 1867;"
Misdemeanours under "The Malicious Injuries
to Property Act, 1867;"
Misdemeanours under "The Forgery Act, 1867;"
Misdemeanours under "The Coinage Act, 1867:"
And all such misdemeanours, other than the above,
as are mentioned in section 150 of "The Justices of
the Peace Act, 1882."
19. In cases to which the said regulations are
declared not to apply, the committing Justices should
be careful to inform prosecutors to that effect.
20. If the Attorney-General or Crown Solicitor is
of opinion that any prosecution instituted by a private
prosecutor, whether for felony or misdemeanour, and
to which these regulations would otherwise apply, is
such that it ought not to be conducted by the Crown
Solicitor, notice thereof shall, as soon as possible, be
given to the private prosecutor.
21. And if such notice shall be given to such
private prosecutor not later than seven days in
country cases, and not later than three days in
town cases, before the first day of the sittings at
which the trial is to be had, or if the committal
shall have taken place within the said periods, then,
if such notice be given with all reasonable despatch,
in all such cases the Crown Solicitor shall not con-
duct the prosecution, and these regulations shall not
be deemed to apply to such case.
22. By a "country case" is meant one in which
the committing Justices shall have sat at a distance
of more than ten miles from the place at which the
trial is to be had. Other cases are included in the
term "town cases."
23. Solicitors having claims against the Govern-
ment under the preceding regulations shall prepare
travelling expenses, as hereinafter provided; and
such voucher shall be certified by the Clerk of the
Court in which the proceedings are taken, and, if
there be no such Clerk, by the presiding Justice or
Coroner, as the case may be.
24. Costs and expenses upon the trial of indictable
offences, to which these regulations are applicable,
when conducted by or on behalf of private prosecutors
will be allowed, and paid by the Department of Jus-
tice on the same scale as if conducted by a Crown
Solicitor.

Schedule of Costs.

25. Costs to Crown Solicitors in criminal prose-
    cutions will be allowed as follows:-

Solicitor preparing case for and attending trial ... £ s. d.
3 3 0
Counsel's fee on trial, if indictment found ... 3 3 0
But if the Crown declines to offer any evi-
dence, or enters a nolle prosequi without
evidence being given in support of the indict-
ment, counsel will only receive a fee of ... 1 1 0
In each separate indictment the solicitor's
fee will be allowed; but, where the Crown
Solicitor has not retained counsel, he will not
be allowed counsel's fee for himself in cases
which for any reason do not proceed to trial.
Where there are several prosecutions against
the same person or persons upon facts which
have been the subject of one charge, and one set
of depositions only has been taken, the solicitor
will only be allowed for each second case going
to trial a fee of ... 1 1 0
The fees above prescribed will cover all
charges for issue and service of subpœnas, or
procuring and issue of process to bring up
witnesses in custody, entry of nolle prosequi,
and all other proceedings directly connected
with or incidental to the trial.