PRESENTMENT OF THE GRAND JURY.

Lyttelton Times, Volume XI, Issue 691, 22 June 1859, Page 4

PRESENTMENT OF THE GRAND JURY.

V: The folio wins* presentment was Made by. Grand Jury'belbre^tke close of. tlxe Court oil 'Frictay:l;ist •—• '. ': ''"*"'\"'- "." •:: ■ Lyttoltoii Circuit:; Court, June_l7, ;_ The griuni jiiry c.imiofc separate without expressing- -their-satisfaction at the- announcement raade.by liis: Honor that the sittings of the Supreme Court will In future be held at Christchurch. Heing

aware of the"incbhvenience likely to occur from the * court-house ana jail being at a distance from one 1 anottier, the grand jury recommend that liberalsx- ? penditure be made by the Government in the erecH tion of suitable buildiugs , and that wifh reference % to the jail due consideration will be t given to the I proper classification,of'the prisoners, which is at W present impossible in consequence of the very litni--4 ted accommodation afforded by the present building. s Having inspected the jail, the grand jury take this W opportunity of expressing 4heir approbation of the a manner in whick it is conducted, and recommend I; that a day room should be built for the prisoners' tf iise in bad weather. j ' ♦ •

llenry A. Scott, Foreman

f SUPREME COURT OF NEW ZEALAND. 5 11 The' following general Rules of the Supreme £ Court have been decided upon by the Judges, of this « Court at their later meeting iv Auckland:— |, REGULJE.GrENEEAIiES, MAY, 1859. if" ' By virtue of the powers vested by law in the | Judges of the Supreme Court, J It is 'ordered' by" us, the Judges of the said S Court, that the following, General JJules shall come f into and be in force, on and after the Ist day of ' July, AID: 1859. « ■

I I.—CBIMINAL PBOCEEDINGS. I 1. The [practice, pleading and procedure in this f court, on all indictments, informations, and other • criminal proceedings, .shall be the same as in Bugs' land, so far as the English practice, pleading,'and \ procedure is or are applicable to New Zealand, and \ t consistent 'with' the^ other rules of the court, and with the laws of New Zealand. 2. The Registrar or Deputy Registrar, who shall ; have received from the Judge of any District Court a case for the opinion of this court on any : point of. law which has arisen in any criminal case, under the 152 nd. section "of " The Distiict Courts' Act, 1858," shall'set'the same down for Hearing at S tbe;earliest sitting of the court, at which the pro--1 secutor and prisoner would be able, with reasonable I. diligence, to appear by counsel; and if at the same time so appointed for the hearing, counsel shall appear either for the prosecution or the prisoner, the court shalMiear pwh counsel; but if no such counsel shall appear, the com t shall consider 1 such case, without .hearing counsel, and shall, I either then, or at'a subsequent sitting of the court, 1 pronounce its opinion thereon; and the court shall I «ause the effect of its opinion to be endorsed by » the Registrar upon the case sent up by the District } Judge;''and the Registrar shall cause the case, | with such'endorsement'thereon, to he forwarded : by the first opportunity to such District Judge. j[ Provided, that iix fixing the time for the hearing of such case,- and-.= in .giving,.tlie opinion thereon, 1 care shall be.taken to enable the! District* Judge—-' ■ if it can conveniently bevdone-rrfto deliver his judgment at the next sitting ,-o£? the' District* Court' at' the place where the trial took place. .yir;V : -;;'■ \ ■ .iII.—GIVII/ PEOCEEDINGS.' ."■::": <X.

( 3. The 13th Rule in tlie General- Rales of Pro- [ cedure set forth in .the Schedule annexed to the ! " Supreme Court Procedure Act, 1856," is hereby \ revoked..' -„ - :

:$ 4. At or before the time'fixed'for settling the =8 1 issues in. any action, the plaintiff's solicitor shall' }} | file, in the Supreme Court Office, a warrant to sue, i'l signed by the plaintiff; and the solicitor for the I ) defendant shall file, in such office, a warrant to ! I defend, signed ( by the defendant. 11 _ .Provided, if if shall appear to the Judge at the | j time of settling the issues that there is reasonable J| excuse for not' filing such warrants or warrant, he i| may give leave to the solicitor for the plaintiff or % the solicitor for the defendant to file a declaration gj!^ in lieu thereof, or may make such other order in 'fr- that behalf as to him shall seem: fit. #, "5. The 34th, 35, th, and 36th .Rules of Procedure p above mentioned, respecting the verification of fy pleadings, are hereby revoked. U 6. If it shall appear, at the trial of any action, M, or'be proved within two days after such trial, I either by affidavit or. by other evidence, to the satis- £ faction of the Judge presiding at such trial, that J;; any affirmative pleading on the record shall have ||\ been false within the knowledge of the party f pleading it, or of his solicitor, at the time when ft ■was pleaded; or that any' pleading on the record, f whether affirmative or negative, was pleaded 1! merely for the purpose of delay or vexation; it fi shall be lawful for'the Judge, at his discretion, to H order that all, or any portion, of the costs of the H <:ause shalt be paid by the, party who' shall have |f' pleaded any such pleading'as aforesaid, although # such party would otherwise be entitled either to || the general costs of the cause, or to the costs of If other issues, or some other issue, not raised upon p such pleailing-as aforesaid. rf 7. Either party to an action may at any time |f before the settling of the issues take out a sumijf Bions, returnable before a Judge at Chambers, call- || ing upon the other party to show cause why any % affirmative pleading, pleaded by such other party, P should not be set aside as false within the know- |; ledge of such other party, or of his solicitor,1 or why $ any pleading, whether affirmative or negative, V pleaded by such other party, should not be set \- aside as having been pleauod solely for the purpose i' of vexation .-or delay; and if, on the hearing of : such summons, it shall be made to appear to the 1 judge, by affidavit or other evidence, not contra- «|' dieted by affidavit on the other side, that such P pleading as first hereinbefore mentioned was false 1? Avithiii the knowledge, of the .party pleading it, or I|L his solicitor, at the .time wlien it was.so pleaded,'or that such pleading as last hereinbefore mentioned ££ was pleaded solely for the purpose of delay or vexg ation; the Judge may order any such pleading to £j be struck out of the, record, and all or any part of |1 the costs of, the proceedings'in the action up to &SJ that time to be paid by the party so pleading such |'| pleading. , , i

; 8.; Instead of-that'part .of the 147 th Rule in the above.,-mentioned General Rules of-Procedure, which provides, that— ; ; >■•. -<.--;■■:-- .•' ;■• ['.■■^-■r/r ■;■>.:■/. /;". When all the; evidence.'on both'sides is closedj the plaintiff or his counsel-shall address the-jury generally on the;.case, and after him, in like manneiv;the;defendan,t or his counsel," : :>. ' '.-,.■ There shall be inserted.these words—

ufl ."^hen. all the evidence on both sides is closed, '$ the party who had not the right to begiu "shall adI|! ; dress the jury generally; on the. case, and, after him, I the party who had.the right to begin shall have I the reply." , ..- ...,. •■; /; .:■<.;-;...•.'. ,;■ . ' I _ 9. To the grounds enumerated inthe 353 rd Rule I in the above-mentioned General Rules of ProceI dur.e, in which a rule nisi for anew trial may be I moved for, there shall be added—" 6. On the I 'ground that the verdict was against the weight of I evidence."' ■ :■.■' '■:'.■■'-';.; .'' '•■■/.: :.,'■.''.■ f 10. With regard to the writs of iCeriiorari, I Prokihition,f iid Procedendo, and the proceedingsI thereon, and-with regard to other proceedings within I the jurisdiction-of the court not otherwise providfd I for, the practice* of the Superior .Courts in England I may be followed, as far.as the same reasonably can I be followed, consistently with the other rules of the I court and the:laws ; of'-.the colony. ..■■■■.■ I lII.—HEipiNQ.^OE1 APPEALS FEOM DISTBICT ;

t> OOUETS

10. Evei-y appellant, on transmitting a case to t'lie. Registrar 'of\the Supreme Conrt, under the 103 rd section of the 'District Courts Act, 1858, shall cause the same to be entered %"the registrar,.for hearing at the first 'convenient sitting of the Supreme Court after the same shall have: been'received by such registrar; and in case the appellant shall not appear at the time so appointed for such hear3"ft lather in person Or by'oourisel, the court shall oi'dei- judgment to be- entered according- to the "etermination or direction of, the Judge.of the Distnct Court, appealed against.

' IV. —PEOCEEDINGS BY OB AGAINST J r TOGES OF THE COUBT. '-' /' ' ! 11. Every action or other proceeding, either civil < or criminal, in the Supreme Court, by or against any Judge thereof, shall be commenced, prosecuted, and determined in any judicial*district adjoining > that in which such Judge shall be actiu'g at the time. V. —BULES FQE JUDICIAL DISTRICTS. 12. Each Judge of the Court may,-in his 'own judicial district, make- such rules1 as he thinks fit, respecting the sittings of the court, sittings at " Chambers, and the order of disposing of business, and respecting hours for the service and delivery of i process and pleadings, and the houis of attendance at the office of the Supreme Com r by the Regi&trar i and his clerks, and respecting/ other such matteis, provided the same be not inconsistent with the , general rules of the court, the laws of .the colony, or the proclamations of the Governor. ' VI. —FEES OF TROBATE AND ADMIN ISTBATION. 13. The table of fees annexed to the fourteenth •rule of the "Rules touching the adrninistiation of estates and effects of persons deceased," in the " Special Rules," annexed to " The Supreme Court ,- Rules Ordinance " of 1844, is hereby revoked ; and the following table of fees shall be introduced instead thereof. Fees on probate or administration (including bond) as follows :— When the estate shall be under the £ s." d. value of £20 , 0 5 0 ' When it shall be of the value of. £20, but under the value of £100 J 10 0 When it shall be of the value of £100 or upwards 3 0 0 (Signed) Geoege Alfeed Abney, C.J., Alexandee J.'Johnston, *" H. B. Geesson. Approved .by the Governor in Council' this thirty-first day of May, 1859. F. G. Stewabd, i Clerk of Executive Council. ; " GENERAL" RULES EESPECTING- THE SERVICE OF CLEEKS TO SOLICITOES TEEYIOUS- TO ADMISSION'AS SOLICITOUS .UNDEE "THE StJPEEME COUET OEDINANCE, 1844'J ' . i 1. In order to entitle any clerk of a solicitor of this court to be admitted a solicitor ' thereof, on f account of his service with such solicitor, under the sixteenth section of the above-named ordinance, he shall be bound to prove to the satisfaction of the Judge to whom he applies for admission,

1. That he has actually served the whole term of five years continuously with a solicitor of this court, under' a contract in writing to serve as clerk to such solicitor for five years subsequent to the date thereof; or 2. That he has contracted in writing to serve as' clerk to a solicitor of this court, and has served continuously as such clerk, during a term, subsequent to the date of such contract, which,

(a) When taken along' with any term which he may have previously served as a portion of a-term of clerkship required by ' law to qualify him to practice as a solicitor, attorney,' writer, or proctor, in Great Britain or Ireland, or in any part of Australia or Van Diemen's Land, or New Zealand, or, (h) When taken along with" any term not exceeding two years, which he may have passed as a pupil of a barrister, advocate, special pleader, or certificated conveyancer, in Great Britain or Ireland, shall amount in the whole to five years; or

3. That he has served as clerk to a solicitor of this court for six months, under a contract in writing to serve such solicitor as clerk for six months subsequent to the date of such contract, and after having previously served the full term of clerkship, under a contract in writing for such term subsequent to the date thereof, which is required by law to qualify him to practice as a solicitor, attorney, writer, or proctor in Great Britain or Ireland, or any part of Australia or Van Diemen's Land. 11. If any solicitor of this court, with whom any person shall have entered into any contract to serve as clerk aforesaid, shall die, or cease to practise, before the expiration of the term of service in such contract, or if such contract shall by mutual consent of the parties be cancelled; and such clerk shall have again entered into a contract in writing to serve, and shall have accordingly served, any other solicitor or solicitors of this court during a term equal to the unexpired part of.the original term'bt service in such,first-mentioned contract, the service of such clerk" shall be deemed to be as good and effectual as if such person had continued to serve as clerk to the solicitor with whom he entered into such first-mentioned contract, N.B, —These rules are promulgated, to provide for cases which may arise before a more complete body of rules, comprising a system for the examination ofScandidates for admission as solicitors, shall have been framed by the Judges. George Alfeed Arney, C. J., (Signed) , Alexander J. Joiinstone,, H. B. Geesson. Auckland, sth May, 1859. Approved by the Governor'in council, this thirty-first day of May, 1859. • F. G. 'Steward, Clerk' of Executive Council.