MAY 1. THE NEW ZEALAND GAZETTE. 1509

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Acts, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulation; and doth hereby declare that such regulation shall take effect as from the first day of May, one thousand nine hundred and thirteen.

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REGULATION.

1. THE warrants of committal to military custody pursuant to sections 2 and 6 of the Defence Amendment Act, 1912, and the attachment orders referred to in section 11 of the Defence Amendment Act, 1912, shall be in the forms A, B, and C respectively in the Schedule hereto or to the like effect, with such modifications (if any) as the circumstances may require.

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SCHEDULE.

Form A.

WARRANT OF COMMITMENT TO MILITARY CUSTODY UPON A CONVICTION FOR A PENALTY IN THE FIRST INSTANCE.

Under the Defence Amendment Act, 1912.

To each and all of the Constables in New Zealand, and to , the Officer in Charge of the place for military custody at .

WHEREAS was, on the day of , 191 , duly convicted before the undersigned Stipendiary Magistrate [or two of His Majesty’s Justices of the Peace for New Zealand], upon the information of , for that he the said (hereinafter called the defendant) did, on the day of , 191 , at [State offence as alleged in information], and it was by such conviction adjudged that the said defendant for his said offence should forfeit and pay the sum of : And whereas the time in and by the said conviction appointed for the payment of the said sums has elapsed, but the said defendant has not paid the same or any part thereof:

This is to command you the said constables to take the said defendant and him safely to convey to [State place where defendant to be detained], and there to deliver him to the officer in charge thereof together with this precept. And I [we] do hereby command you the said officer in charge to receive the said defendant into your military custody in the said [State place where defendant to be detained], and there to detain him in military custody for the space of [Period of detention not to exceed twenty-eight days] days, unless sooner discharged by warrant under the hand of the Minister of Defence.

Given under my [our] hand at , this day of , 191 .

…………

Stipendiary Magistrate
[or Justices of the Peace].

£ s. d.
Fine .. .. : :
Cost of Court .. : :
Warrant .. 0 : 3 : 0
————————
£ : :
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NOTE.—Any Magistrate and the convicting Justices only can sign this warrant.

Form B.

WARRANT OF COMMITMENT ON CONVICTION OF AN OFFENCE FOR ESCAPING FROM OR FAILING TO RETURN TO MILITARY CUSTODY.

Under the Defence Amendment Act, 1912.

To each and all of the Constables in New Zealand, and to the Officer in Charge of the place for military custody at .

WHEREAS , was this day convicted before the undersigned , Stipendiary Magistrate, and one of His Majesty’s Justices of the Peace for New Zealand, upon the information of , of , for that he the said [Name of defendant], on the day of , 191 , at , being a person subject to military custody, did escape therefrom [or did fail to return to military custody at the (Place of military custody), at , on the day of , 191 ], contrary to the form of the statute in such case made and provided, and it was thereby adjudged that the said [Name of defendant] for his said offence should be detained in the [Place of military custody] under military custody for the space of [Not to exceed twenty-eight days] days:

This is to command you the said constables to take the said [Name of defendant] and him safely convey to the [Place of military custody], at aforesaid, and there deliver him to the officer in charge thereof together with this precept. And I do hereby command you the said officer in charge of the said [Place of military custody] to receive the said [Name of defendant] into your custody in the said [Place of military custody], there to detain him under military custody for the space of [Not to exceed twenty-eight days] days to commence at and from the termination of a certain other term of military custody for which he was sentenced on the day of , 191 , unless sooner discharged by warrant under the hand of the Minister of Defence.

Given under my hand at , this day of , 191 .

…………

Stipendiary Magistrate.

Form C.

ATTACHMENT ORDER.

Under the Defence Amendment Act, 1912.

WHEREAS , of , was on the day of , 191 , convicted by , a Stipendiary Magistrate [or two of His Majesty’s Justices of the Peace for New Zealand], upon the information of , of , for that he the said , on the day of , 191 , at [Set out offence], and it was by such conviction adjudged that the said be sentenced to pay a fine of [Include costs]; and it was thereby further adjudged that the said fine should be paid forthwith [or on or before the day of , 191 ]: And whereas the said (hereinafter called the offender) not having paid the said fine within the time so required in that behalf, application has this day been made to me [or us] , Stipendiary Magistrate [or two of His Majesty’s Justices of the Peace for New Zealand], by [Name of informant], of , for the issue of an attachment order pursuant to section 11 of the Defence Amendment Act, 1912:

Now, therefore, I [or we], the said Stipendiary Magistrate [or Justices of the Peace] do hereby order and declare that the said fine amounting to £ shall, by way of weekly payments of shillings and pence, be a charge on the salary [or wages] which from time to time and at any time while this order remains in force shall become due and payable by [Name, address, and occupation of employer], the employer of the offender, to the offender. Such charge shall accrue from week to week and shall be deemed to have accrued on the day of each week so long as the fine or any part thereof remains unpaid, and be computed from the day next following the date upon which a duplicate of this order shall be served upon the said [Name of informant] either personally or by leaving the same at his place of abode or at his place of business or at any of his places of business. And I [or we], the said Stipendiary Magistrate [or Justices of the Peace], do further order that the said [Name, address, and occupation of employer] shall, so long as this attachment order shall remain in force, from time to time so often as any moneys become due and payable by him to the offender by way of salary or wages deduct therefrom such sum as is sufficient to satisfy the charge thereon so far as the same has accrued on or before the day on which the said wages or salary so becomes due and payable, and shall pay the amount so deducted to the Clerk of the Court for the time being at .

Dated at this day of , 191 .

…………

Stipendiary Magistrate
[or Justices of the Peace].

NOTE.—Any Magistrate and only convicting Justices can sign this order.

J. F. ANDREWS,
Clerk of the Executive Council.

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Withdrawing Land from the Operation of the Kauri-gum Industry Acts.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty first day of April, 1913.

Present:

THE HONOURABLE W. F. MASSEY PRESIDING IN COUNCIL.

WHEREAS by section thirty-three of the Kauri-gum Industry Act, 1908 (hereinafter termed “the said Act”), it is enacted that the Governor may by Order in