May 15.] THE NEW ZEALAND GAZETTE. 1607

shall be approved by the Judge or Judges ordinarily presiding in the judicial district wherein such Registry is situated, and such Judge or Judges may either remove any name or names therefrom or add any name or names thereto.

11. The fees allowed and paid to counsel appointed under these regulations to defend any accused person shall be of the same amount as the fees which shall be allowed and paid to the local Crown Solicitor in cases for the prosecution of the same person on the same charge.

11A. No counsel or solicitor appointed under these regulations shall take or accept from the accused person whom he is appointed to represent, either directly or indirectly, and either from the accused person or any other person, any fee or remuneration, or any contract or promise to pay any fee or remuneration, in respect of his services in the defence of such accused person, unless the Judge, upon an application made to him and upon a full disclosure of all the facts connected therewith, shall allow the same.

Any such application shall be made by such counsel or solicitor in writing, and shall be lodged by him with the Registrar.

Any breach of this regulation shall disqualify the person guilty of such breach from being again appointed under these regulations unless and until such disqualification shall be removed by the Judge or Judges ordinarily presiding in the judicial district upon the recommendation of the Council of the District Law Society for that district.

12. A copy of the depositions shall be furnished, without charge, to the counsel authorized by the Minister of Justice or directed by the Judge to assist the accused in his defence.

13. If at any time it should be made to appear to the Minister of Justice that a prisoner has sufficient means himself to pay the expenses of his defence, the Minister may refuse to authorize the payment of such expenses.

14. No witness shall be paid any expenses by the Crown unless the Crown Solicitor certifies that such witness was reasonably necessary, or that the witness gave material evidence for the defence.

15. The expenses to be paid to witnesses shall be according to the scale in the Second Schedule hereto.

—

FIRST SCHEDULE.

In the matter of , an accused person committed for trial at the next sitting of the Supreme Court at upon a charge of

We [or I], the undersigned , the committing Justices [or Magistrate] in the prosecution of the above mentioned , do hereby certify to the Honourable the Minister of Justice that after due inquiry we [or I] have satisfied ourselves [or myself] that the above-named accused person has a defence which may reasonably and properly be set up upon his trial; and that we [or I] have further satisfied ourselves [or myself] that from the nature of the defence disclosed by the said 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 the said accused person; and that we [or I] have also satisfied ourselves [or myself] that the means of the said accused person are insufficient to enable him to obtain such legal aid.

As witness our [or my] hands [or hand] this day of , 19 .

SECOND SCHEDULE.

ALLOWANCES TO WITNESSES.

Allowances will be made to witnesses for the defence 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 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.

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

—

Murchison County Council declared a Leasing Authority under the Public Bodies’ Leases Act, 1908.

—

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventh day of May, 1913.

Present:

THE HONOURABLE W. F. MASSEY PRESIDING IN COUNCIL.

WHEREAS the Murchison County Council is a body of persons having power to lease land held in trust, reserved or set apart for public purposes, and has requested the Governor in Council to declare it to be a leasing authority within the meaning of the Public Bodies’ Leases Act, 1908:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in compliance with such request, and in exercise of the powers in this behalf conferred by the above-mentioned Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that the Murchison County Council is a leasing authority within the meaning of the Public Bodies’ Leases Act, 1908.

F. D. THOMSON,
Acting Clerk of the Executive Council.

—

Nixon, Cardwell, and Cameron Streets, Onehunga, exempted from the Provisions of Section 117 of the Public Works Act, 1908.

—

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventh day of May, 1913.

Present:

THE HONOURABLE W. F. MASSEY PRESIDING IN COUNCIL.

WHEREAS by subsection one of section one hundred and seventeen of the Public Works Act, 1908, it is, inter alia, provided that the said section shall not apply in any case where the local authority having control of a road or street by resolution declares that the provisions thereof shall not apply to any specified road or street, or any specified part thereof, and such resolution is approved by the Governor in Council:

And whereas by subsection two of section one hundred and seventeen of the Public Works Act, 1908, it is provided that such approval may be either absolute or subject to such conditions with respect to the building-line as the Governor, by Order in Council, thinks fit to impose:

And whereas the Onehunga Borough Council, being the local authority having control of the streets described in the Schedule hereto, did by resolution declare that the provisions of the said section one hundred and seventeen should not apply to the said streets:

And whereas it is deemed expedient that such resolution should be approved:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers conferred by the above-in-part-recited Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the said resolution in so far as it affects the said streets described in the Schedule hereto.

—

SCHEDULE.

ALL that street in the Borough of Onehunga, known as Nixon Street, commencing at its junction with Queen Street and running in a north-easterly direction generally for a distance of 8½ chains, more or less.

Also all that street in the said borough, known as Cardwell Street, commencing at its junction with Grey Street, and running in a north-westerly direction generally across Nixon Street to its junction with Mount Smart Road, being a distance of 12 chains, more or less.

Also all that street in the said borough, known as Cameron Street, commencing at its junction with Mount Smart Road,