Mar. 13.] THE NEW ZEALAND GAZETTE. 285

9. The Crown reserves to itself the right of taking any
   matter or business out of the hands of any solicitor em-
   ployed, and requiring that all deeds, instruments, and papers
   in the hands of such solicitor relating thereto shall be
   handed over to some other solicitor to be nominated by the
   Crown.

10. No solicitor employed by the Crown shall have any lien
    upon any deeds, papers, or instruments in his hands, or upon
    any fund or moneys which shall be paid to, or received by,
    him in any manner or upon any account whatsoever in re-
    spect of any legal business in which the Crown is concerned.

11. It shall be the duty of the head of each department
    and other officers thereof, in directing business to be under-
    taken, to see that full instructions are given to the solicitor
    at the time the business commences, and to render all reason-
    able assistance to him during its progress.

12. In all criminal prosecutions and summary proceedings
    the police will serve any process, procure the attendance of
    witnesses, and have them ready to be examined when
    required; but the solicitor employed will be responsible to
    see that these duties are properly performed.

13. Where a solicitor is required to transact business at a
    distance from his usual place of residence, an agent must be
    employed where practicable, unless, from the nature of the
    case or for special reasons, it is necessary that the solicitor
    employed should himself transact such business.

14. Except when otherwise provided herein, abstracts of
    costs shall be sent by the solicitor to the nearest Registrar
    of the Supreme Court, who shall certify thereon whether
    they are in accordance with law or these regulations, and shall
    then forward them to the department directing the pro-
    ceedings or business. The head of such department, or some
    officer thereof appointed for the purpose, shall certify that
    the business charged for has been duly performed.

15. Where costs have been received or recovered by the
    solicitor employed by the Crown from one of the litigant
    parties, such solicitor shall pay the same into the Public
    Account at the Bank of New Zealand, and forward a bank
    receipt therefor to the department directing the proceedings.

16. No charges will be allowed for attendances upon Go-
    vernment officers or others, attendances to register deeds
    or instruments, writing letters, sending telegrams, or for
    explanations or instructions relative to the business in hand
    or reporting upon its conclusion.

17. Where the Crown Solicitor has to employ an agent as
    provided in regulation 14, a fee of not exceeding £1 1s. will
    be allowed to the Crown Solicitor for instructions, but with
    that exception no more will be allowed to the Crown Solicitor
    and his agent together than would have been allowed to the
    Crown Solicitor alone if he had conducted the whole of the
    business himself.

18. Travelling-expenses at the following rates will be
    allowed to Crown solicitors in all cases where they are re-
    quired to travel more than three miles from their usual
    place of business:—
    (a.) The sum actually paid when the travelling can be
    performed by public conveyance by sea or by land
    (for coach or steamer fares exceeding 10s. receipts
    must be produced);
    (b.) In other cases, 1s. per mile one way;
    (c.) In addition to the above, a sum of 15s. for hotel ex-
    penses for each day or part of a day exceeding
    eight hours during which the claimant shall be
    necessarily absent from his usual place of residence.

19. In any matter or proceeding not herein specially
    mentioned, the allowances to be made, whether as solicitors’
    costs or counsel’s fees, will be based upon the scale allowed
    in matters of a like character mentioned in these regula-
    tions, or allowed by the practice of the Court of Appeal or
    the Supreme Court respectively for the time being.

20. In any case where exceptional circumstances render it
    desirable that any of the scales herein set forth shall be ex-
    ceeded in any particular, such other or additional costs or
    fees may be allowed by a Minister as shall be certified by the
    head of the department to be reasonable, having regard to
    the nature of the business transacted.

21. The circumstances under which the general scale is
    not applicable shall, in all cases, be fully specified by the
    proper officer.

22. Nothing in these regulations shall be deemed to pre-
    vent the Crown from taking steps to procure the taxation of
    any costs by the proper officer in the usual way; but no
    payment will be made to the solicitor for attending the
    taxation.

23. Bills of costs shall be rendered immediately on com-
    pletion of the matter or business to which they relate, and if
    not rendered within six months thereafter they will not be
    recognised.

24. When solicitors’ or informants’ costs in any proceed-
    ings are given in favour of the Crown, such costs are, when
    recovered, to be passed through the Law Trust Account of
    the Registrar or Clerk of the Court receiving them, and
    thence paid to the Public Account.

The Law Trust Account shall give sufficient particulars
to enable the Treasury to ascertain to what vote the amount
should be credited.

Amounts recovered for expenses of witnesses for the Crown
are also to be paid through the Courts of Law Trust Account
by the Registrar or Clerk, to such witnesses, and not to the
solicitors.

25. Every solicitor employed or retained by the Crown
    shall, if required so to do, notify in writing his acceptance
    of such employment or retainer upon the terms contained
    in these regulations; but such acceptance shall not be neces-
    sary to show that the same is upon such terms, and may be
    inferred or implied from the nature and terms of retainer,
    or from acquiescence in the terms of the regulations.

PART II.—CRIMINAL AND QUASI-CRIMINAL PROCEEDINGS.

(1.) Indictable Offences.

26. The following regulations apply to—
    (1.) Felonies :
    (2.) The following misdemeanours, viz.,—
    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;”
    Misdemeanours referred to in section 25 of “The
    Police Offences Act, 1884;”
    Misdemeanours mentioned in section 150 of “The
    Justices of the Peace Act, 1882:”
    (3.) Prosecutions for any offences instituted by, or by the
    direction of, the Crown, or by, or by the direction
    of, a judicial authority having power to do so, unless
    some other direction is given by such authority in
    respect of costs.

27. In cases to which these regulations do not apply it
    shall be the duty of the committing Justices to inform pro-
    secutors to that effect.

28. Except where the Crown Solicitor is employed under
    these regulations, the management of the prosecution before
    Justices of the Peace will be left to the private prosecutor or
    the police.

29. In indictable cases to which these regulations apply
    the committing Justices shall ascertain from the prosecutor,
    as soon as a committal for trial takes place, whether he in-
    tends to take charge of the conduct of the prosecution, or
    authorises the Crown Solicitor to act on his behalf.

30. If the prosecution is left to the Crown Solicitor, the
    Clerk of the Court, or, if there is no such Clerk present, the
    committing Justices, shall make a memorandum on the
    depositions to that effect, and forthwith transmit them to
    the proper officer of the Court where the trial is to be held.

31. On receipt of the depositions the Registrar shall, if
    the prosecution is left to the Crown Solicitor, cause a copy
    to be made without delay, and transmit the same to him.

32. It shall be the duty of the Crown Solicitor to carefully
    consider the depositions and prepare the case for the Supreme
    Court or District Court, taking special care that any addi-
    tional witnesses that can be obtained in support of the case
    are subpoenaed.

33. Except where herein otherwise provided, the Crown
    Solicitor or counsel employed by him will conduct the prose-
    cution at the trial.

34. If the Attorney-General, Solicitor-General, or Crown
    Solicitor is of opinion that any prosecution instituted by a
    private prosecutor, whether for felony or misdemeanour, to
    which these regulations would otherwise apply, is such that
    it ought not to be conducted by the Crown Solicitor, notice
    thereof shall be given to the private prosecutor.

35. Such notice shall, where possible, be given to such pri-
    vate prosecutor not later than seven days in cases 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 held,
    and not later than three days in other cases, before the first
    day of the sittings at which the trial is to be held.

If the committal shall have taken place within the said
periods, then such notice shall be given with all reasonable
despatch.

36. Notice sent by post to the usual or last known place of
    abode of the person to whom notice is given shall be deemed
    a sufficient service thereof.

37. In all cases where such notice has been given, the
    Crown Solicitor shall not conduct the prosecution, these
    regulations shall not apply, and no costs or expenses will be
    paid by the Crown.