he may require. In the event of the licensee at any time
requiring to make alterations to the work involving a departure
from the type of construction shown on the
approved plans it shall submit for the Minister's approval
plans showing such type of construction as it is proposed
to adopt, and with such approval the alterations may be
carried out.

80. The charge to be made by the licensee for the sale
    or supply of electricity in pursuance of this license shall
    not exceed ls. per unit for light and 6d. per unit for
    power. A refund of 3d. per unit for light and 2d. per
    unit for power shall be given if accounts are paid within
    fourteen days from the date of rendering such accounts
    by the licensee.

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

Making Regulations under the Justices of the Peace Amendment Act, 1912, relating to the Defence of Prisoners.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government House, at Auckland, this twenty-ninth
day of April, 1913.

Present :
His Excellency THE GOVERNOR IN COUNCIL.
WHEREAS by section five of the Justices of the Peace
Amendment Act, 1912, it is enacted that the
Governor may from time to time by Order in Council make
such regulations as he deems necessary for giving effect to
the said Act:
Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, in pursuance of the powers
conferred upon him by section five of the Justices of the
Peace Amendment Act, 1912, and acting by and with the
consent of the Executive Council of the said Dominion, doth
hereby make the regulations set out hereunder, and doth
declare that such regulations shall come into force on the
date of the publication thereof in the New Zealand Gazette.

REGULATIONS.

1. Before the Justices or Magistrate on the hearing of a
   charge of an indictable offence under Part IV of the Justices
   of the Peace Act, 1908, shall grant any certificate under the
   provisions of the 2nd section of the Justices of the Peace
   Amendment Act, 1912 (in these regulations referred to as
   "'the said Act"), they or he shall satisfy themselves or
   himself as to the following matters:
   (a.) That the accused person applying for such certificate
   appears to have a defence which may reasonably and properly be set up upon his trial.
   The Justices or Magistrate may be so satisfied-
   (1.) By statements made by the accused person on the
   hearing of the charge, or on an application made
   pursuant to these regulations for such certificate
   immediately after such hearing:
   (2.) By evidence called by the accused person on the hearing of the charge:
   (3.) By questions asked by the accused person or by his
   solicitor or counsel upon cross-examination of the
   witnesses for the prosecution or some or one of them:
   (4.) In certain cases in which the interests of justice seem
   to require it (e.g., in cases of doubtful identification
   of the accused person, or uncorroborated or weakly
   corroborated evidence upon a material matter) by
   matter appearing upon the face of the depositions
   of the witnesses for the prosecution.
   (b.) That, having regard to the nature of the defence disclosed by such accused person, it is desirable in the interests
   of justice that he should have legal aid in the preparation and
   conduct of the defence so disclosed by him.
   (c.) That the means of such accused person are insufficient
   to enable him to obtain such legal aid.
   *The means of an accused person are not insufficient to
   enable him to obtain legal aid in the preparation and conduct
   of his defence-
   (1.) If he is able to borrow money for that purpose, or to
   obtain such money from his relatives or friends.
   (2.) If he is able to procure such legal aid without prepayment of the costs thereof.

2. Every application to the Justices or Magistrate for a
   certificate under the said Act and the last preceding regulation
   shall be made to the Justices or Magistrate immediately after
   they or he have or has intimated to the prisoner their or his
   determination to commit him for trial.

3. Such application may, upon the application of the accused
   person and if the Justices or Magistrate shall so think fit,
   be heard by the Justices or Magistrate in private.

The inquiry into the means of the accused person shall in
all cases be made before the Justices or Magistrate in private.
If in the proceedings before the Justices or Magistrate the
accused person has been represented by solicitor or counsel,
the Justices or Magistrate shall make exhaustive inquiry
into the conditions upon which he has been so represented.
The fact that he has been so represented shall be treated by
the Justices or Magistrate as prima facie evidence that the
accused person is not without means within the meaning of
these regulations.

4. If upon the hearing under the last regulation of such
   application the Justices or Magistrate shall grant such certificate to the accused person, the grounds upon which such
   certificate shall be granted shall be taken down in writing
   by the Justices or Magistrate, and shall be signed by the
   accused person, and shall be enclosed in a sealed envelope
   addressed by the Justices or Magistrate to the presiding
   Judge of the Court to which the prisoner shall be committed
   for trial. Except as is provided by this regulation, such
   grounds shall not be disclosed before the trial of the prisoner,
   but at the trial such grounds shall be disclosed to counsel for
   the Crown, and may be put in evidence against such accused
   person.

5. Every certificate of the Justices or Magistrate under
   the said Act and these regulations shall be in the form in the
   First Schedule hereto, and shall be in duplicate.

6. One of such certificates shall be forthwith transmitted
   by the Justices or Magistrate to the Minister and the other
   to the Registrar of the Court to which the accused person is
   committed for trial.

7. Every application under the 3rd section of the said Act
   made by a person accused of an indictable offence before his
   trial to the Judge of the Supreme Court before whom such
   trial is to be held shall be in writing, and shall be addressed
   to such Judge, and shall be lodged with the Registrar of the
   Court. If the accused person so desires it such application
   may be enclosed in a sealed envelope.

8. Every such application under the 3rd section of the said
   Act shall state fully and clearly the following matters:
   (1.) The nature of the defence which the prisoner intends
   to set up upon his trial;
   (2.) Whether such defence was or was not disclosed in
   accordance with these regulations to the Justices
   or Magistrate by whom such accused person was
   committed for trial;
   (3.) Whether such accused person did or did not apply to
   such Justices or Magistrate for a certificate under
   the 2nd section of the said Act in accordance with
   the foregoing regulations;
   (4.) If such defence was not so disclosed, the reason why
   it was not so disclosed;
   (5.) If the accused person did not apply to the Justices or
   Magistrate for such certificate, the reason why he
   did not so apply;
   (6.) That the means of such accused person are insufficient
   to enable him to obtain legal aid in the preparation
   and conduct of his defence.

8A. The Judge may, if he so thinks fit, refer any such application to the committing Justices or Magistrate, or to any
other Justices or Magistrate to make the same inquiries as the
committing Justices or Magistrate would have been required
to make if the application had been in the first instance made
to the committing Justices or Magistrate, and to report to
him thereon. If the accused person is in the custody of the
Gaoler, then the Gaoler shall when required so to do by the
Justices or Magistrate and with the consent of such accused
person produce him at the time and place appointed by such
Justices or Magistrate to enable him to be present on the
making of such inquiries.

9. Immediately upon the receipt by the Registrar of the
   certificate of the Justices or Magistrate in accordance with
   Regulation 6, or at any time thereafter, or immediately upon
   the direction of the Judge under the 3rd section of the said
   Act that counsel shall be provided to assist any accused person
   in the preparation and conduct of his defence, the Judge may
   name some duly qualified person to be chosen by him from a
   list of such persons to be made and kept by the Registrar
   as hereinafter is provided, or if there shall be no such list, or
   none of the persons therein named shall be willing to act for
   the accused person, then some other duly qualified person, to
   be named by the Judge, to act as counsel for such accused
   person. It shall be the duty of the Registrar to immediately
   notify the Minister of any nomination made under this regulation.

10. The Registrar of every Registry of the Supreme Court
    shall request the Council of the District Law Society of the
    district wherein such Registry is situated from time to time
    to ascertain and to forward to him the names of persons
    who, in the opinion of such Council, are fit and proper persons
    to act and who are qualified and willing to act as counsel for
    accused persons under these regulations. Every such list