714
THE NEW ZEALAND GAZETTE.
[No. 3

Jurisdiction of Commissioners.

83. A Commissioner of the High Court shall have jurisdiction—
    (a.) In actions for the recovery of any debt or damages not exceeding £20 in amount :
    (b.) In actions for the recovery of chattels not exceeding £20 in value :
    (c.) In criminal proceedings for any offence punishable by fine only :
    (d.) In criminal proceedings for any offence punishable by imprisonment for not more than one year.

84. A Commissioner of the High Court shall not have power to impose any fine exceeding £10 or to impose any term of imprisonment exceeding three months, whatever may be the maximum fine or term of imprisonment provided by law for the offence.

85. Save as aforesaid, a Commissioner shall not exercise any of the powers or functions, whether judicial or administrative, of a Judge of the High Court.

86. In these rules the term “Judge” includes a Commissioner of the High Court in respect of all matters within the jurisdiction of a Commissioner.

Criminal Proceedings.

87. An information of a criminal offence may be in Form 1 in the Fourth Schedule hereto.

88. The summons to the defendant in a criminal proceeding may be in Form 2 in the Fourth Schedule hereto.

89. The summons to a witness in a criminal proceeding may be in Form 3 in the Fourth Schedule hereto.

90. A warrant issued by a Magistrate for the arrest of any person suspected of a criminal offence may be in Form 4 in the Fourth Schedule hereto.

91. A warrant issued by a Judge of the Court for the arrest of an accused person may be in Form 5 in the Fourth Schedule hereto.

92. A Magistrate’s warrant for the committal for trial or the release on bail of a person arrested on suspicion of a criminal offence may be in Form 6 in the Fourth Schedule hereto.

93. The recognizance to be entered into by a prisoner admitted to bail by a Magistrate may be in Form 7 in the Fourth Schedule hereto.

94. Assessors in a criminal trial may be appointed by warrant in Form 8 in the Fourth Schedule hereto.

95. A conviction may be formally drawn up and sealed in Form 9 in the Fourth Schedule hereto.

96. A warrant of commitment to prison for default in the payment of a fine may be in Form 10 in the Fourth Schedule hereto.

97. A search-warrant may be in Form 11 in the Fourth Schedule hereto.

98. The remuneration and allowances payable to an assessor in a criminal trial shall be such as the Court in each case thinks fit and directs, but shall not exceed 10s. per day in addition to travelling-expenses actually incurred and paid.

99. The expenses of a witness at a criminal trial, to be certified by the Judge for payment out of the Cook Islands Treasury, shall be such as the Judge thinks fit, not exceeding 10s. a day in addition to travelling-expenses actually incurred and paid.

Miscellaneous.

100. There shall be payable in respect of proceedings in the Court the fees set forth in the Fifth Schedule hereto. Such fees shall be paid by means of stamps, in accordance, so far as may be, with the practice in force for the time being in New Zealand.

101. If it appears to the satisfaction of the Court that any party is unable or ought not to be called upon to pay any of the fees mentioned in the said Fifth Schedule, the Court may dispense with the payment thereof or may reduce the amount thereof.

102. The Court or the proper officer thereof may refuse to take any step in the course of any proceedings until the proper fee therefor, together with all other fees already due and unpaid in respect of the same proceedings, have been fully paid.

103. Such variations in the forms prescribed in the Schedules hereto may be made as the circumstances of any particular case may require.

104. All documents filed in or issued from the Court may be either in the English language or in the Native language of the Cook Islands.