169

Criminal Law

94. By what test would you determine whether an offence at common law amounted to Felony? To what offences is the term Misdemeanor applied? Give instances of both.

95. Who are respectively Principals, Aiders, and Abettors? Accessories before the fact? Accessories after the fact? Are there any offences in which there can be no Accessories before the fact?

96. Has any recent provision been made by Statute for the trial and conviction of Accessories before the fact?

97. What is a "Criminal Information" in what class of offence is it resorted to, and what is the course of proceeding therewith?

98. What is an Indictment, and on what is this form of criminal proceeding based? Is the finding a true Bill by a Grand Jury in all cases necessary to support the proceeding by Indictment? If not state the rationale of the exceptions.

98A. What is an indictment? Is it necessary that an indictment be preferred, and a bill found where a prisoner has been committed on the Coroner’s inquisition?

99. What are the five different forms of "Treason," as designated by the Statute 25, Edw. 3, c. 2? And what treasonable offences are created by the 57 Geo. 3, c. 6, and the 11 Geo. 4 and 1, W. 4, c. 66, s. 2?

100. Can mere words amount to Treason? When, and on what principle would the maxim apply to such cases—scribere est agree.

101. State the definition and essential ingredients in the following offences, or some of them, viz.—1. Larceny. 2. Embezzlement. 3. Obtaining money under false pretences. (Show the distinction between the two latter and Larceny.) 4. Forgery. 5. Perjury. 6. Burglary.

102. State the distinction between Murder and various kinds of Manslaughter, distinguishing the different kinds of the latter.

103. Two witnesses are required to prove "Treason" or "Perjury," what must these witnesses prove upon an indictment for—1. Treason. 2. Perjury? And what is the reason for the rule in each case respectively?

104. The indictment for Burglary commonly charges in the same Count. 1. That the prisoner burglariously broke and entered with intent to commit a felony, and also (2), that he committed the felony.

How do you reconcile this with the doctrine that two offences cannot be charged in the same Count?

105. An Indictment for Burglary charged the prisoner with burglariously breaking and entering, but omitted the intent; it then proceeded to charge in the same Count, and in the usual form, that the prisoner, then in the said dwelling-house, stole the goods of the prosecutor. The evidence showed that the "breaking" occurred within the legal period of the night time, but the goods remained undisturbed until that period had elapsed, after which the goods were stolen by some one, and were shortly afterwards traced to the possession of the prisoner. What defence would you set up? And with what probability of success?

106. State what you remember of the Improvements effected in the Criminal Law by Lord Campbell’s Acts.

107. Give an outline of the proceedings on some indictable offence from "Information" to "Conviction."

108. Give an outline of the proceedings in some one case of Information and "Summary Conviction" or "Complaint" and "Order."

N.B.—The question numbered 98 and 98A was propounded in one form to one candidate, and in the other form to another candidate. One of the candidates at once detected the object in form 98, and answered it fully.

Appointment of Edwin Rich, Esq., as Sub-Collector of Customs, Molyneux

Office of Commissioner of Customs,
Auckland, 16th April, 1863.

His Excellency the Governor has been pleased to appoint

Edwin Rich, Esq.,
to be Sub-Collector of Customs at the Port of Molyneux, in the Province of Otago.

Reader Wood.

(From Supplement to New Zealand Gazette, April 27, 1863.)

PROCLAMATION

Dividing the Southern District of Supreme Court and fixing times and places for Circuit Courts.

By His Excellency Sir George Grey, Knight Commander of the most Honourable Order of the Bath, Governor and Commander-in-Chief in and over Her Majesty’s Colony of New Zealand, &c.