104

And whereas under and in pursuance of the said recited Act sundry Districts have from time to time been established and courts held in divers places in the Colony. And whereas several of such Courts have ceased to be in operation, but doubts have existed whether such Courts have been validly discontinued. And whereas it is expedient to remove such doubts and to abolish the remainder of the Courts and districts so constituted as aforesaid.

Now, therefore, I, Sir GEORGE GREY, the Governor as aforesaid of the said Colony, in pursuance and execution of the power and authority in me vested under the provisions of the said recited Act, do hereby proclaim and declare that the Districts of Taranaki, Otago, Auckland, Nelson, Wellington, and Wanganui, so constituted as aforesaid, are and from henceforth shall be abolished, and that the Districts of Hawke’s Bay, The Hutt, and Marlborough, shall be and remain abolished from and after the Twenty-eighth day of March next ensuing.

Given under my hand at the Government House, at Auckland, and issued under the Seal of the Colony this twenty-seventh day of February, in the year of our Lord One thousand eight hundred and sixty-four.

G. GREY,
Governor.

By His Excellency’s command,
WILLIAM FOX.

GOD SAVE THE QUEEN!

[From the New Zealand Gazette, No. 8, March 3, 1864.]

CRIMINAL PROSECUTIONS.

THE Law in reference to Criminal Prosecutions is the same in New Zealand as in England. Some person in all cases is or ought to be bound over to prosecute, and that person has a right to conduct the prosecution in the Supreme Court, or to employ a Solicitor and Counsel to do so.

It has been thought advisable not to alter the Law here, but, having regard to the difference of circumstances between England and New Zealand, there are certain details for which some special provision should be made, and especially specific instructions given to those whose duty it is to conduct prosecutions both before Justices of the Peace and in the Supreme Court. The following Regulations will for the future be acted on;—

1. In all prosecutions, except in special cases, where Solicitors are employed by direction of the Government, or by prosecutors, the management of the case in the usual manner before Justices of the Peace will be left to the Police.

2. An allowance will be made to Prosecutors and witnesses of expenses actually and necessarily incurred by them in attendance before Justices: the amount to be fixed by the Committing Justices immediately after the hearing of the case, and a certificate granted. The amount stated in the certificate will be paid on presentation at the Colonial Treasury or Sub-Treasury.

3. The Committing Justice, or his Clerk, shall ascertain from the prosecutor, as soon as a committal for trial takes place, whether he intends to take charge of the conduct of the prosecution, or authorises a Solicitor appointed by the Crown to act on his behalf.

4. If the prosecution is left to such Solicitor, the Committing Justice or his Clerk will make a memorandum on the depositions to that effect, and forthwith transmit them to the Registrar of the Supreme Court of the District in which the trial is to take place.

5. On receipt of the depositions, the Registrar will cause a copy to be made without delay, and transmit the same to the Crown Solicitor for the District.

6. It will be the duty of the Crown Solicitor to carefully consider the depositions at once, and prepare the case for the Supreme Court, taking special care that any additional witnesses that can be obtained in support of the case are subpoenaed. The Police will render assistance in serving subpoenas.

7. The Crown Solicitor or Counsel employed by him will conduct the prosecution at the trial. The Police will render assistance in procuring the attendance of witnesses and having them ready to be examined when required, but the Solicitor will be responsible that this duty is properly performed.

8. It will be competent for the Judge presiding at the trial to give such directions as he may think fit as to the disallowance of the whole or any part of the costs of the prosecution, including allowances to witnesses.

9. Subject to such directions, the Solicitor who has conducted the prosecution, whether at the instance of the Prosecutor or of the Crown, will make out a Bill of Costs, including allowances to witnesses.

10. The Registrar of the Supreme Court at the place at which the trial takes place will tax the Bill of Costs, giving effect to any directions the presiding Judge may have given, and grant a certificate of the amount allowed in each case.

11. The amount allowed to the Crown Solicitor will be according to the following scale; and the amount specified in such certificate will be paid at the Treasury or Sub-Treasury on presentation of the certificate to the Solicitor having charge of the prosecution, who will pay the witnesses their allowances.

Proposed Scale of Costs in every Case.

£ s d
Solicitor preparing case for and attending trial ... 2 2 0
4 4 0

When subpoena required, same to be issued by Solicitor and served by Police.

Costs allowed Solicitor as follow.

£ s d
Attendance for each subpoena ... 3 4
Each copy ... 1 0
Instructing Police as to service ... 3 4

FRED. WHITAKER.
Attorney-General’s Office,
Auckland, February 23, 1864.

[From the New Zealand Gazette, No. 8, March 3rd 1864.]

Colonial Secretary’s Office
Auckland, 22nd Feb., 1864.

WITH reference to the reward of £800 offered in a notice dated 5th June, 1861, to any person or persons who would give such information as would lead to the conviction of any person or persons who might in any manner have aided Natives in obtaining gunpowder or other munitions of war: it is hereby notified for general information that that notice is cancelled, and that in future a reward of ONE HUNDRED POUNDS only will be paid in each case.

WM. FOX.

THE PROVINCIAL GOVERNMENT GAZETTE.

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