Local Loan Poll, Legal Regulations




284
THE NEW ZEALAND GAZETTE.
[No. 12

Result of Poll for Proposed Loan, Whataupoko Road District, County of Cook.

Colonial Secretary’s Office,
Wellington, 10th March, 1890.

THE following notice, received from the Chairman of the Whataupoko Road Board, is published in accordance with “The Local Bodies’ Loans Act, 1886.”
W. R. RUSSELL.

WHATAUPOKO ROAD DISTRICT.—MANGAPAPA LOAN.
I HEREBY give notice that a poll of the ratepayers of the Mangapapa Special District was taken on Saturday, the 25th January, 1890, upon a proposal by this Board to raise a loan of £400 for the erection of bridges and culverts within the Mangapapa Block, and resulted as follows:—
For the proposal, 12 voters, exercising 12 votes; against the proposal, 0. Total number of voters on the roll, 21, capable of exercising 21 votes.
As a majority voted in favour of the proposal, I declare it carried.

E. P. JOYCE,
Chairman, Whataupoko Road District.

Regulations for the Conduct of Legal Business.

Department of Justice,
Wellington, 3rd March, 1890.

REGULATIONS respecting the employment of counsel and solicitors on behalf of the Crown, which have been approved by His Excellency the Governor in Council:—

INDEX.

  1. Regulations to be observed by all departments.
  2. Interpretation.

PART I.—EMPLOYMENT OF COUNSEL AND SOLICITORS.
3. Instructions to solicitors.
4. Government officer not to take legal proceedings without direction.
5. Crown Solicitors to be employed in criminal prosecutions.
6. But not necessarily in summary proceedings or in other business.
7. Crown Solicitors to be instructed in criminal proceedings by Department of Justice.
8. Employment of counsel by Crown.
9. Change of solicitor.
10. No solicitor’s lien.
11. Officers of department to assist solicitors.
12. Service of process, &c., by police.
13. Agent to be employed in certain cases.
14. Abstracts of costs to be rendered and certified.
15. Payment of costs to Public Account.
16. No charge for incidental services.
17. Costs where an agent is employed.
18. Travelling-expenses of solicitor.
19. Costs in cases not specifically mentioned.
20. Extra costs in exceptional circumstances.
21. Circumstances to be specified.
22. Taxation of costs.
23. Bills of costs to be rendered immediately.
24. Costs recovered by solicitor to be paid into Public Account.
25. Solicitors to be bound by regulations.

PART II.—CRIMINAL AND QUASI-CRIMINAL PROCEEDINGS.
(1.) Indictable Offences.
26. Offences to which regulations apply.
27. Notice to private prosecutors where regulations do not apply.
28. Management of proceedings before Justices.
29. Prosecution left to Crown Solicitor.
30. Memorandum on depositions.
31. Copy of deposition to be transmitted to Crown Solicitor.
32. Duties of Crown Solicitor.
33. Conduct of prosecution at trial.
34. Notice to prosecutor if prosecution not to be conducted by Crown Solicitor.
35. What notice to be given.
36. Notice may be sent by post.
37. No costs paid by Crown in such cases.

(2.) Costs of Trials.—Allowances to Witnesses.
38. Scale of fees and costs to Crown Solicitors.
39. Scale of allowances to prosecutors and witnesses.
40. Experts to be paid for analysis, maps, &c.
41. Expenses in indictable cases dealt with summarily.
42. Witnesses’ expenses in indictable cases before Justices.
43. Costs may be disallowed by Judge.
44. Abstract of costs to be made out by solicitor.
45. Statements in abstracts.
46. Certificate of Registrar.
47. Payment of witnesses in various cases.
48. Costs in private prosecutions.

(3.) Crown Cases reserved.
49. Duties of Registrar.
50. Counsel’s fees to be fixed by the Minister of Justice.

(4.) Proceedings before Justices and Coroners.
51. Costs to solicitors in ordinary cases before Justices.
52. Costs in other cases before Justices.
53. Where several similar cases, costs to be agreed upon.
54. Abstract of costs.

(5.) Appeals under “The Justices of the Peace Act, 1882.”
55. Solicitor who commenced proceedings to retain conduct of them on appeal.
56. Instructions to be given by department concerned.
57. Costs to counsel and solicitors on appeal cases.
58. Witnesses’ expenses.
59. Costs claimed by the Crown.
60. Costs in prohibition cases.

PART III.—CIVIL PROCEEDINGS.
(1.) In Court of Appeal.
61. Scale of costs.

(2.) In Supreme Court.
62. Scale of costs.
63. Abstract of costs to be certified by Registrar.
64. Witnesses’ expenses.
65. Costs in cases not provided for.
66. Additional allowance to witness.

(3.) In Inferior Courts.
67. Costs in District Courts.
68. In Resident Magistrates’ Courts.

(4.) Compensation Cases under “The Public Works Act, 1882.”
69. Scale of costs.
70. Under “The Public Works Act, 1882,” section 136.
71. Where several similar cases, costs to be agreed upon.

PART IV.—CONVEYANCING.
72. Costs of preparing conveyance.
73. Costs of filling up printed forms.
74. Costs chargeable to party.
75. Fees for investigating title.
76. Duties of solicitor as to registration, &c.

  1. These regulations are issued in lieu of those now in force, and are to apply to all departments of the Government, and such departments are required and directed to observe the same. They shall take effect from and after the first day of May next, from which date all former regulations on the subject are hereby revoked.

  2. In these regulations, if not inconsistent with the context,—
    “Crown Solicitor” means a solicitor appointed by the Crown to prosecute on its behalf in the Supreme Court, and includes Crown Prosecutors appointed in like manner to prosecute in District Courts:
    “Registrar” means the Registrar of the Supreme Court, and includes the Deputy Registrar in the absence of the Registrar, and the Clerk of a District Court:
    “The Crown” means Her Majesty the Queen in the Colony of New Zealand, and includes any department of the Government of the said colony, acting by or under the direction of a Minister having control of such department.

PART I.—EMPLOYMENT OF COUNSEL AND SOLICITORS.
3. Instructions to solicitors are always to be conveyed by the permanent head of the department for which the solicitor is to act, or by some officer thereof under the direction of such permanent head.
4. Without such instructions no Government officer shall seek legal advice, take counsel’s opinion, or initiate proceedings respecting any matter connected with his department.
5. Crown Solicitors will always be employed when the services of a solicitor are required in the conduct of criminal prosecutions in which the Crown is directly concerned.
6. The Crown may, when it thinks fit, retain the Crown Solicitor in any summary proceeding or other legal business; but the Crown shall not be bound so to retain the Crown Solicitor, and may employ any other solicitor in summary proceedings or in any other legal business whatever, other than a criminal prosecution in the Supreme or District Courts.
7. Instructions respecting criminal prosecutions in the Supreme and District Courts will be issued by the Department of Justice, and Crown Solicitors will communicate with that department upon all matters relating to such prosecutions.
8. Where counsel are employed the Crown reserves to itself the right of indicating what counsel shall be employed, and the number of such counsel, and of prescribing the fees to be paid.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1890, No 12





✨ LLM interpretation of page content

🏗️ Result of Poll for Proposed Loan, Whataupoko Road District

🏗️ Infrastructure & Public Works
10 March 1890
Poll, Loan, Bridges, Culverts, Whataupoko Road District, Cook County
  • W. R. Russell, Colonial Secretary
  • E. P. Joyce, Chairman, Whataupoko Road District

⚖️ Regulations for the Conduct of Legal Business

⚖️ Justice & Law Enforcement
3 March 1890
Regulations, Legal Business, Crown Solicitors, Criminal Prosecutions, Costs
  • Minister of Justice