A.—No. 1.

26

DESPATCHES EROM THE GOVERNOR OE NEW

Mr. G. G. FitzGerald to the Hon. E. W. Stafford. Sir,— Eesident Magistrate's Office, Hok'itika, 17th July, 1868. In answer to your Circular, of number and date in the margin, I have the honor to inform you that my experience of the working of the Imperial Acts 6 and 7 Viet. c. 34, and 16 and 17 Viet, c. 118, has been confined to a very few cases. It would be convenient if the power conferred on the Chief Justice or any Judge of the Supreme Court by 6 and 7 Viet. o. 34, s. 2, with reference to indorsing the warrant, was given to the Eesident Magistrate, in places where a Judge does not permanently reside. There is no power of remand, under the above-recited Acts, for the production of further evidence. Should the Justice not have sufficient evidence before him at the first hearing to justify a committal, it seems he must at ouee discharge the accused. I think there should be a discretionary power of remand for at least two months. I have, &c, The Hon. the Colonial Secretary, G. G. FitzGerald, (Judicial Branch,) Wellington. Resident Magistrate.

Circular No. 32. June 30, 18G8.

Mr. Strode to the Hon. E. W. Staffokd. Sir,— Duncdin, 18th July, 1868. Referring to Mr. Fountain's Circular Letter No. 32, of 30th June iiltimo, requesting me to state my experience of the working of the Imperial Acts 6 and 7 Viet. c. 34, and 1G and 17 Viet, c. 118, and whether the powers given by them have been frequently or otherwise put into operation, I have the honor to intimate that my experience has been that they are most useful and necessary measures, and, as far as their provisions extend, have worked very well. The powers given by them were during the years 18G2,18G3, and 1864, frequently put into operation before me, and proved highly beneficial. I think, however, that improvement is possible in a new measure on the subject, particularly in regard to the extension of the powers to indictable misdemeanours similar to the " Foreign Offenders' Apprehension Act, 1863," of New Zealand—the present Imperial Acts only extending to treason or felony. I have, &c., The Hon. the Colonial Secretary, A. Chatham Strode, E.M. (Judicial Branch,) Wellington.

An Act for the better Apprehension of Certain Offenders. An Act to amend an Act of the seventh year of Her Majesty for the better Apprehension of Certain Offenders.

CIRCULAR to SUPERINTENDENTS. (No. 189.) Colonial Secretary's Office. Sib,— Wellington, 4th July, 1868. The Government are making inquiries, with a view to the question of further legislation on the subject, into the working in this Colony of the Imperial Acts 6 and 7 Viet. c. 34, and 1G and 17 Viet. c. 118, the respective titles of which are noted in the margin, and I shall feel obliged if your Honor will cause me to be furnished with any information which the experience of the Chief Officer of the Police in the Province of may enable him to afford as to the working of these Acts. I have, &c, E. W. Staffokd.

Mr. Weldox to the Supehistexdent of Southland. (No. 82G.) Sie, — Police Station, Invercargill, 15th July, 186S. Referring to the Honorable the Colonial Secretary's Circular No. 337, of the 4th instant, relating to the working of the Imperial Acts, viz. G and 7 Viet. c. 34, and 16 and 17 Viet. c. 118, 1 have the honor to report —First, With respect to the working of the law in sending to places beyond the Colony for offenders who have been guilty of crimes within the Colony, that I cannot complain of any difficulty (calling for special remark) as to the working of the Imperial Acts. Secondly, When enforcing warrants from places beyond the Colony, it is certainly at times difficult to obtain a Judge's indorsement thereon —particularly in places where there is no Judge residing. Under such circumstances I have had recourse to " The Foreign Offenders' Apprehension Act, 1863," which answered the emergency. The difficulty which has hitherto existed in the apprehension and removal of certain offenders from the neighbouring Colonies to this was owing to the police not having complied with the Imperial Acts; but the Chief Commissioner of Policy for Victoria, by his Circular No. 938, of the 28th of September last, made plain the proceeding to be taken in future to avoid such blunders. While on the subject, I would avail myself of the opportunity of drawing attention to the absence of any law to compel persons in the adjacent Colonies to attend and give evidence in criminal cases in this Colony, or vice versa. And unless some law can be made to compel the attendance of such witnesses, the ends of justice may after all be defeated, as has been the case, owing to the migratory character of miners, labourers, and business people generally. I have, &c, T. K. Weldox, His Honor the Superintendent, Invercargill. Commissioner of Police.

Mr. Atciiiso>' to the Hon.. E. W. Stafford. Sin,— Police Office, Wellington, 17th July, ISGB. With reference to Circular No. 189, 4th July, 1868, requesting that 1 would furnish the Hon. the Colonial Secretary with any information which my experience as Chief of Police may enable me to afford as to the working of the Imperial Acts noted in the margin, 1 have the honor to state that, in my opinion, if similar authority was granted to Eesident Magistrates in other Colonies as that given to Judges of the Supreme Courts by the Imperial Act G and 7 Viet. c. 34, in the backing of

An Act for the better Apprehension of Certain Offenders.