GOVERNMENT BILLS.

Wanganui Chronicle, Volume 6, Issue 289, 24 April 1862, Page 3

GOVERNMENT BILLS.

In addition to the Bill, a copv of 'which we gave last week, the following Bills are proposed to be introduced by the Government at the next meeting of the General Assembly. The summary given of their coni ents will show our readers their nature and object. An Act for Regulating Juries. Jury Districts are to be formed and proclaimed by the Governor. Every subject between 21 and 60 years of age liable to serve. The exceptions are aboriginal natives, of whom those considered capable under regulations published by the Governor may, however, serve in cases affecting the persons or property of an aboriginal native; Members of the Executive Council or General Assembly; sheriffs; stipendiary magistrates; superintendents of provinces; ministers of religion; schoolmasters; inspectors of schools; barristers; solicitors; corroners; gaolers; medical men; military and naval officers in full pay, &e.

Jury lists are to be made out in the month of December every year by persons appointed by the Governor, which, after being exposed for ten days at the resident magistrate’s court, or other public building, shall be corrected on a day fixed by the returning officer, when objections will 1 e heard by the bench of magistrates, and omissions supplied. A list of 36 special jurors shall be made out by the sheriff in each district. The supreme court may allow any general enquiry to proceed before a special, on application from any of the parties, the applicant to pay the expenses. In civil cases, common jurors shall receive 10s. per day, and special jurors £1 .per day. Penalties are enacted—-on jurors duly summoned, and not attending, not exceeding ten pounds; on officers transgressing not exceeding £160; on persons not giving true answers to the person making up the jury list not exceeding a sum yet to be fixed. . A juror may make a solemn affirmation instead of taking the oath, if the court is satisfied with his objections. The rules of the supreme court now in force relating to juries-are to coutinue ip force. , . : -. ; ‘ i ;

The Governor in Council has power ,to. alter these regulations regarding juries.

a;, Act for- Amending:the Supreme Court • . Act, ibsß.' An ordinance of the Legislative Council in 1844 regarding the practice of the Su prem e Court is repealed. The object of the present Bill is to give power for the administration of the estates of persons deceased. The present rules on this subject are to remain in force until altered or rescinded by the Supreme Court, to which, with the sanction of the ,Governor in Council, power is given to make new rules in the matter. In the case of aboriginal natives or half castes, dying intestate, the Governor; shall administer the estate as may seem proper to him. The Gaols Act, 1862. An ordinance for the regulation of Gaols, passed in 1846; the Gaolers’ Act, 1858; and all Provincial Acts repugnant to the provisions of the New Act, are repealed. All Gaols at present in use are declared to be Public Gaols of Her Majesty. These Gaols shall be also Houses of Correction and Debtors’ Prisons. The Governor has power to declare any place a Gaol; to order the erection and repair of Gaols, the cost falling as a local charge on the revenue of the Province in which such Gaols are erected; to appoint Gaolers and other officers; to remove prisoners from one Gaol to another .for hard labour; to regulate the employment of prisoners sentenced to hard labour; to appoint visiting Justices; to delegate the powers held by him under this Act to Superintendents of Provinces. Judges and Magistrates to imprison in tho gaol of the district where the offender is convicted, unless under' special circumstances; when a person is committed for trial, he shall be imprisoned where the trial is to be held. Visiting Justices to make a report at least every three months of the condition of the prison and its discipline; &c;; to punish, by solitary confinement, on bread and water lor not exceeding seven days, parties offending in prison by disobedience of the rules, &c., and, in cases of emergency, to order tlie removal of. prisoners from one gaol to another.

Any justice of the peace may at any time visit and examine the prison. Gaolers to have the charge of the gaols to which they are appointed; .be. responsible for, the prisoners (being, liaqle to an action for damages in case of, a, debtor escaping), -so soon as they are delivered to them by the sheriff; to carry into execution any sentence of death .on a prisoner in their charge; and to set any prisoner not condemned to hard labour, and not maintaining himself, to work.

Prisoners not able to maintain themselves to be supported from the revenue of the province ill which the gaol is situate.

Persons attempting to introduce spirits into a gaol to be subject to a fine not exceeding £2O; and attempting to; facilitate the escape of any prisoner, to be kept in penal servitude for any period not exceeding eight years.

The Inferior Courts Act, 1862,

This Act provides for the establishment of “ Sessional Circuit Courts,” “ Courts of Petty Sessions,” and ‘‘ Resident Magistrates’ Courts.” The Governor has power to constitute and define districts for such Courts, to appoint Sessional Court Judges (who must be barristers or solicitors of the supreme court, but must not practise as solicitors or agents) and Resident Magistrates and deputies; to remove them to other districts; to call meetings of the justices, to appoint chairmen ofspetty sessions, or to appoint them himself if not appointed at such meetings; to remove any sessional court judge, resident magistrate, or chairman of petty sessions for inability or misbehaviour; to appoint, make regulations for, and remove native assessors; to appoint a bailiff and other officers for each court. The sessional circuit courts shall have jurisdiction in civil cases to the amount of £IOO, or, by order of the Governor, to £250, and in criminal cases over those which are not punishable by more than seven years’ transportation, or four years’ peoal servitude; in native districts they shall have jurisdiction in all cases except treason and murder. Trials iu criminal cases shall be by jury. Petty sessions’ courts shall have jurisdiction in civil causes to the amount of £2O, but the. Governor may extend this amount to £SO; and in criminal cases, such as can be dealt with summarily, and such others as are or may be cognizable by justices of the pet&e or resident magistrates, and in cases of larceny when the property stolen shall not exceed aud the prisoner is liable to not exceeding six calendar months’ imprisonment, and in cases in which property is stolen not exceeding in value £5, and the prisoner, on confession is liable to not exceeding twelve months’ imprisonment. The powers given already to police magistrates shall be vested in them.

The resident magistrates’ courts have the same jurisdiction as the petty sessions’ courts.

The resident magistrates’ courts shall be held by the resident magistrate of the district and any justices of the peace that may choose to attend. The decision shall be given by the majority. The petty session’s coui'ts shall be held by the jmtices of the peace in each district, wl o shall annually elect a chairman, d shall attend regularly in rotation at lease four times a year, failing which, they* shall be liable to removal from the "coin- 1 mission of the peace, unless they shall of the province, have made their reports ~so that we may .expect to see this, long vexed question finally disposed of. West Coast Gold Fields.— -The Gipsy arrived srom. the Bulfjwr on Wednesday,

have been excused from attendance by a the GoVernorr The'chair- 1 man ;or», shall .be ' paid two guinea* fo each attendance at the court; and the justices of the peace attending shall receive one shilling and sixpence a mile for every pple their residence is distant by the nearest road from the courts; these fees $q pe paid out of the provincial treasury. The majority qf the court shall give tpe decision. Native shall be appointed; two of whom at least shall sit in each court wbeii cases are tried having a native or half-paste as a party tq the action: qne qf these assessors must concur in the judgment giyen. They-shall be paid out of the general revenue of the colony nt rates, to, be fixed, not exceeding ten shillings, and sixpence per day. CJeylvs; and'bailiff's shall be appointed tq the courts by the Governor, -vylipse duties, are enumerated. Every process issuing out of any of cqqrts may pe carried iqtq effect in all places within the colony. The following persons may sue or be sued in any of these courts:—minors for wages; executors qr- administrators; any' q.ne of several persons liable.

The Regulation of Appeals, Act, 1862. This Act is to regulate appeals from inferior courts to the supreme court. * An appeal against any decision of an inferior court may he made on any. of the following grounds;— 1. That the court had not jurisdiction. 2. That the court received evidence improperly, 3. That the court rejected evidence improperly, 4. That tlie decision is against evidence. ft. That a material witness or witnesses was or were unavoidably absent. 6;. That the decision is vitiated by some irregularity in form. 7. That the sum awarded to. , be paid, or the term of imprisonment adjudged, is excessive. 8, That on some ground (to.be specially stated) the decision is erroneous ip law, or- ought to, be overruled, quashed., altered, or reversed. But if the objection is made for the second, third, fourth,, or- fifth, reason ' en umerated, the judge can onlygrant a re-hearing in the inferior court.

Any cause in which any inferior court has a power of dealing, summarily may he removed to the supreme-court, only in the following cases:— 1. At the instance of the attorneygeneral of the- colony. 2. In any casp where it shall appear to ’"the supreme court that the .. title to. real estate is in question. 3. In any case where there shall appear- to, the supreme court resonable ground for apprehending that, the cause will not be fairly tried in the inferior court. ;4. In any other case in. which, the supremo court shall be of opinion that the cause is proper to be tried in the supreme court. No cause shall be so.removed in which either of the parties is a native or half caste. Regulations are made as. to, procedure in cases of appeal’. Power is given, to the Governor in council to, alter or add to these regulations and to settle tables of fees, The~ Law Practitioners Amendment Act, 1862. This act extends th.e. limit of the. Law practitioners’ Act, 1861, inasmuch as it allows notaries to practise as solicitors, and provides that if any applicant has not practised within three years of his application, to be admitted, as' a solicitor in New Zealand (which was a condition in the Act of 186.1), he may obtain admission by passing- the General Examination, prescribed by Section 30 of the u Law Practitioner's’ Act> 1861..” The Constabulary- Act, 1862... The ordinance of the Legislative C-oivu-'cil for the establishment and maintenance of a constabulary force, and all provincial; acts repugnant to this Act are repealed. The Governor may appoint a sufficient number of fit and able men, to, act as, a police force throughout the colony, with or without arm?, may appoint, officers to the same, and make regulations, in all matters connected with it.

The duty of the officers and men of the force shall be—to, suppress all tumults, riots, affrays, or breaches of the peace, and SfcU public nuisances and offences against the law in any part of the colony where they may be on duty;. The charges shall, in the first place, be defrayed out of the general revenue of the colony, and afterwards, charged against the revenues of the provinces in. which the force exists,.

The superintendents shall have the same power in their respective provinces as are given by this act tq the Governor,. The constabulary force appointed by a superintendent shall be paid out of the revenue of the province. Any petty sessions court may appoint a constable or constables for its own district.

Special constables may he appointed by any two or more justices of the peace, on any partic liar occasion which they may think demands their action. Certain regijlatjons are made for the management of the force. Fees are appointed and the duties of the force are enumerated,

A penalty for obstructing any of the force is exacted, not'to exceed a fine of £2O or imprisonment for three months.

The Act Bill, 1862.

Two acta on this subject are repealed; one passed by the Legislative Council,

Session, 7..No.J2l|.rthe...otßer. passed-bfr...

Lunatic asylums shall be maintained within and at the charge of the respective provinces of New Zealand. Two or more provinces may unite in establishing and maintaining a lunatic asylum. The Governor may appoint visitors who shall have access to all lunatic asylums within tl;e colony to inspect them, and may examine all officers in such asylums on oath, and shall report to the Governor. Such visitors may order such repairs tq be made as they deem necessary. The Governor shall from time to time make regulations defining the duties of such visitors, and mode of conducting srich asylums. All lunatic asylums when ready for the reception of inmates shall be gazetted ip the New Zealand Gazette.

A justice of the peace may on the oath of two. credible witnesses, and the certificate of at least one medical practitioner, issue a war*rant for the conveyance of any qne deemed lunatic to an asylum. Lunatics so. confined may see their friends and legal advisers at all reasonable times.

Criminals acquitted on the ground of insanity may be confined in a lunatic asylum by order of the court until it, shall sec fit to make a further order in the case.

Any prisoner deemed insane to be sent to a lunatic asylum by a, justice of the peace. Such persons so removed shall rerpain in the asylum watil two medical practitioners certify them to be of sound mind, when they shall be returned to prison, oi\ if their- term of imprisonment has expired, discharged. The costa of maintenance shall bo defrayed out of the estate of the lunatic. The supreme court shall have all such powers as regards the persons and estates of persons confined in any lunatic asylum as the Court of Chancery in England has fn regard to persons found lunatic under a commission de lunatico inquirendo.