2986
THE NEW ZEALAND GAZETTE.
[No. 76

REGULATION 3.—PRELIMINARY INVESTIGATIONS OF INDICTABLE CASES BEFORE JUSTICES.

(1) In preliminary investigations of indictable cases before Justices of the Peace, when the accused is committed for trial or sentence, the allowances to the prosecutor and witnesses for the Crown for attendance before such Justices as directed to be certified by section 166 of the Justices of the Peace Act, 1927, shall be in accordance with the allowances fixed in Regulation 2 hereof, and the provisions of that regulation with the exception of paragraph (7) thereof shall apply to such prosecutor and witnesses.

(2) In such cases when the preliminary investigation is completed a certificate issued pursuant to the said section 166 on form J.P. 39 of the expenses allowed to such prosecutor and witnesses by the presiding Justices must be prepared and signed in duplicate. One copy shall be forwarded without delay to the local Officer in Charge of Police and the other copy shall be forwarded with the depositions to the Registrar of the Supreme Court.

(3) The Police Department will pay on behalf of the Department of Justice the expenses so certified, except in the case of officers under the control of the Public Service Commissioner attending in their official capacity to give evidence or to produce documents. Such officers will claim their expenses from their own Department in accordance with Public Service Regulation No. 24.

REGULATION 4.—SUMMARY CASES.

(1) In all cases heard summarily, and in preliminary investigations of indictable cases in which the accused is discharged, the Police Department shall pay its own witnesses and interpreters, subject to the provisions of Public Service Regulation No. 24.

(2) Where the prosecution is instituted by any other Government Department, the Police Department shall, if requested by the prosecutor, pay the expenses of witnesses and interpreters called on behalf of such other Department. The voucher in such cases shall be charged to such other Department.

(3) Witnesses in all such cases and investigations shall be paid the same allowances as are fixed in Regulation 2 hereof, and the provisions of that regulation, with the exception of paragraphs (6) and (7) thereof, shall apply to such witnesses.

REGULATION 5.—INTERPRETERS’ FEES.

The following fees shall be paid to interpreters for the Crown in indictable and summary cases:—

To an interpreter, if engaged for any time not exceeding one hour £ s. d.
.. .. .. 0 9 6
For every additional hour or fraction of an hour he may be actually employed beyond that time 0 4 0
But not exceeding per day .. .. .. 1 18 0

Interpreters residing beyond three miles from the Courthouse will be allowed their fares by public conveyance. When there is no public conveyance, they will be allowed a mileage rate of 9d. per mile one way.

In addition to the above, interpreters will be paid 18s. for every night’s necessary absence from their usual place of abode.

REGULATION 6.—PAYMENT OF WITNESSES SUBJECT TO DIRECTIONS OF PRESIDING JUDGE OR JUSTICES.

Payments to witnesses and interpreters shall in all cases mentioned above be subject to such directions as the presiding Judge or Justices or Justice may think fit as to the disallowance of the whole or any part of the allowance to such witnesses or interpreters or any of them.

REGULATION 7.—APPEALS, ETC., UNDER THE JUSTICES OF THE PEACE ACT, 1927.

Witnesses for the Crown in proceedings in the Supreme Court under or relating to the Justices of the Peace Act, 1927, whether by way of appeal, certiorari, mandamus, or otherwise, shall, unless the presiding Judge directs to the contrary, be paid upon the same scale as in criminal prosecutions.

REGULATION 8.—PRIVATE PROSECUTIONS.

Payment to witnesses and interpreters for the prosecution at the trial of criminal cases in the Supreme Court, when conducted by or on behalf of private prosecutors, except in those cases where notice has been given to the private prosecutor that the prosecution is not to be conducted by the Crown Solicitor, may be allowed by the presiding Judge and paid on the same scale and in the same manner as if the same had been conducted by the Crown Solicitor.

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

Fixing Fees payable under the Coroners Amendment Act, 1920.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 19th day of October, 1931.

Present:

His Excellency the Governor-General in Council.

IN pursuance and exercise of the powers conferred on him by section two of the Coroners Amendment Act, 1920, and of all other powers in anywise enabling him in this behalf, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby revoke the Order in Council made under that Act on the eighteenth day of July, one thousand nine hundred and twenty-seven, and published in the Gazette of the twenty-first day of July, one thousand nine hundred and twenty-seven, and in lieu thereof doth hereby order and appoint that there shall be paid in respect of all inquests held on and after the date whereon this Order in Council comes into force, the fees and allowances specified in the Schedule hereto; and doth declare that this Order in Council shall come into force and take effect on and from the twenty-second day of October, one thousand nine hundred and thirty-one.

SCHEDULE.

To the Coroner, Deputy Coroner, or Justice of the Peace, other than a Stipendiary Magistrate, holding an inquest: For every inquest £ s. d.
.. .. .. 1 0 0
Provided that the Minister of Justice may allow a larger fee than the above in any case where he considers that exceptional circumstances render such a course desirable.

To a medical witness for attending and giving evidence, when not required to make a post-mortem examination .. .. .. 1 0 0

For making a post-mortem examination when required so to do by the Coroner or Justice holding the inquest, and attending to give evidence of the result .. .. .. 3 3 0

And, in addition to the above fees, an allowance in respect of locomotion expenses other than those reasonably incurred in travelling by rail, coach, or steamboat:—

To the Coroner, Deputy Coroner, or Justice of the Peace holding an inquest: At the rate of 1s. per mile, counted one way only.

To a medical witness: At the rate of 1s. per mile, counted one way only.

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

Prescribing Rates of Fees and Allowances under the Payment of Jurors Act, 1919.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 19th day of October, 1931.

Present:

His Excellency the Governor-General in Council.

IN pursuance and exercise of the powers vested in him by section two of the Payment of Jurors Act, 1919, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby revoke the Order in Council dated the first day of February, one thousand nine hundred and twenty-three, and published in the Gazette of the same date, prescribing the rates of fees and allowances to be payable to jurors in accordance with the provisions of the said Act; and in lieu thereof doth hereby prescribe, as set forth in the Schedule hereto, the rates of fees and allowances to be payable to jurors for their attendance at any sittings of the Supreme Court, and to every person who attends as a juror at any inquest held before a Coroner; and doth hereby declare that this Order in Council shall come into force and take effect on and from the twenty-second day of October, one thousand nine hundred and thirty-one.