286

THE NEW ZEALAND GAZETTE.

[No. 12

(2.) Costs of Trials.—Allowances to Witnesses.

38. In proceedings on trials of indictable offences, fees and costs to Crown Solicitors will be allowed as follows:—

As solicitor—
(1.) Preparing case for and attending trial .. £ 3 3 0
(2.) For each separate indictment in respect of which separate depositions have been taken, the above solicitor’s fee will be allowed.
(3.) But where there are several prosecutions against the same person or persons, and one set of depositions only has been taken, the solicitor will be allowed for each case going to trial after the first case .. 1 1 0
(4.) And where the prosecution is against some person or persons upon facts elicited by depositions taken in respect of a charge made against some other person or persons; or on facts which have in any manner come to the knowledge of the solicitor during, or in consequence of, his investigation of a charge made against some other person or persons upon depositions taken in respect of such charge 1 1 0

The fees above prescribed will cover all charges for issue of subpoenas, for 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.

As counsel—
(1.) If case goes to trial .. .. .. 3 3 0
(2.) In cases where the solicitor himself acts as counsel in cases going to trial which are within the above paragraphs numbered (3) and (4) .. .. .. 2 2 0
(3.) If the Crown declines to offer any evidence or enters a nolle prosequi without evidence being given in support of the indictment .. 1 1 0

39. Allowances will be made to prosecutors and witnesses for the Crown as follows:—

To medical practitioners giving evidence strictly as experts, for every day’s attendance at Court, or necessary absence from usual place of abode .. 1 1 0
Except as above, to every prosecutor and witness for every day’s attendance at Court, or necessary absence from usual place of abode .. 0 6 0
And in addition thereto, for every night’s necessary absence from such place of abode .. 0 4 0

Persons in receipt of salary or wages from the Government or from the New Zealand Railway Commissioners, or from any Council, Board, or other authority however designated which receives pecuniary aid or subsidy out of moneys appropriated or provided by the General Assembly under any law now or hereinafter in force, will be entitled to such allowances if necessarily absent at night from their usual place of abode. If not absent at night from their usual place of abode, such persons will be allowed only their actual personal expenses.

Witnesses residing beyond three miles from the town or city in which the Court is held will also be allowed their coach, railway, or steamboat fares. By railway or steamer, second-class fares will be allowed to mechanics, labourers, and persons of similar ranks, and first-class fares to others. For coach or steamer fares over 10s., receipts must be furnished.

When there is no public conveyance witnesses will be allowed a mileage rate of 9d. per mile, one way.

£ s. d.
To an interpreter, if engaged for any time not exceeding one hour .. .. .. 0 10 6
For every additional hour or fraction of an hour he may be actually employed beyond that time .. 0 5 0
But not exceeding, per day .. .. .. 2 2 0
For models or plans when required, such sum as may be certified by the Registrar as fair and reasonable.

40. A person required to give evidence as an expert will be paid a reasonable sum, to be certified by the Crown Solicitor or Inspector of Police, for any analysis, preparation of maps or plans, or in otherwise necessarily preparing himself to give evidence. Abstracts for such sums shall be sent to the Department of Justice for approval and payment.

41. In indictable cases dealt with summarily under the Justices of the Peace Acts, witnesses will be paid their expenses by the Department of Justice, on the certificate of the Justices hearing the cases.

42. In indictable cases before Justices of the Peace, when the accused is committed for trial, an allowance will be made to prosecutors and witnesses 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.” Such allowances shall not exceed those prescribed by Regulation 39.

The certificates of such expenses must be in Form No. 40 under the said Act, and forwarded with the depositions to the Supreme or District Court, as the case may require.

43. Payments to witnesses, including interpreters, shall be subject to such directions as the Judge presiding at the trial may think fit to give as to the disallowance of the whole or any part of the costs of prosecution.

44. Subject to such directions, the Crown Solicitor will make out an abstract showing the costs payable to him, and also abstracts of the allowances to witnesses.

45. Abstracts in favour of Crown Solicitors are to state, in reference to each case in which costs are charged, whether or not the case went to trial, whether the accused pleaded Guilty or not, whether a nolle prosequi was entered, or with what other result the proceedings terminated, and, in cases where more than one indictment is preferred against the same person, whether there were separate depositions.

46. The Registrar at the place at which the trial is held will examine such abstracts, and, subject to any directions given by the presiding Judge, certify that the amounts claimed are in accordance with these regulations.

47. Abstracts in favour of witnesses and interpreters shall be certified to by the Crown Solicitor and Registrar, and the sums certified will be paid by the Registrar out of advances made to him for that purpose. Except as otherwise provided, abstracts in favour of solicitors and others are to be forwarded by the Registrar to the Department of Justice for payment.

48. Costs and expenses upon the trial of indictable offences, to which these regulations apply, when conducted by or on behalf of private prosecutors, may be allowed, and paid on the same scale and in the same manner as if conducted by a Crown Solicitor.

(3.) Crown Cases reserved.

49. When a criminal case is reserved by a Judge under sections 20 and 23 of “The Court of Appeal Act, 1882,” for the consideration of the Court of Appeal, or a case is stated by a District Court for the opinion of the Supreme Court, the Registrar shall forward to the Department of Justice a copy of the indictment and a copy of the case reserved.

50. Fees to be allowed to counsel in a case reserved for the consideration of the Court of Appeal, or stated by a District Court for the opinion of the Supreme Court, shall be such as shall be fixed by the Minister of Justice in each case.

(4.) Proceedings before Justices and Coroners.

51. Costs will be allowed to Crown Solicitors in conducting cases before Justices of the Peace, Coroners, or Wardens, under any Act, ordinance, regulation, by-law, or other authority, as follows:—

For each case, including drawing information or complaint, preparing case for hearing, conducting proceedings before Justices, and drawing conviction or order (if so required) .. £ s. d. 3 3 0
Where proceedings extend beyond one day, then for each subsequent day, if the period occupied does not exceed one hour.. .. .. 1 1 0
If it exceeds one hour .. .. .. 2 2 0

The costs allowed shall cover all proceedings up to commitment for trial, if any, including a general supervision over all formal matters necessary to make the case complete.

52. The costs to be allowed under this head shall, so far as applicable, extend to matters of any kind which may be heard and disposed of before a Resident Magistrate or a Justice or Justices of the Peace, where the Court may make an order or give any direction to or in respect of any party affected, although no information or complaint may be laid or made.

53. If there are several cases against the same defendant or against several defendants in which the facts are similar or so nearly similar that one case practically decides others, then the fees to be allowed shall be such as shall be agreed upon between the department directing the proceedings and the solicitor employed, either for the whole proceedings or for each case, but not exceeding the scale before prescribed.

54. Solicitors having claims against the Government under Regulations 51, 52, or 53 shall prepare an abstract setting out the particulars, including travelling-expenses, if any; such abstract shall be certified by the presiding Justice, or one of the presiding Justices, or by the Coroner, as the case may be, as being in accordance with the regulations.

(5.) Appeals under “The Justices of the Peace Act, 1882.”

55. If a case or matter is removed by certiorari or otherwise to a superior Court, the conduct of proceedings will, subject to these regulations, remain with the solicitor who commenced them; but, unless under exceptional circumstances, no further costs will be allowed than those prescribed by these regulations.