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prosecutor and witnesses and of the removal and transmission or removal of such indictment or inquisition and of the removal of such defendant and any other matter or thing whatsoever as in the judgment of such judge of the Supreme Court may reasonably be imposed upon such prosecutor or defendant.

XXVI. Whenever any application shall be made on behalf of Her Majesty or of any prosecutor to any judge of the Supreme Court for an order that any person charged with any offence shall be tried at a substituted Court under the provisions of this Act it shall be lawful for such judge of the Supreme Court to issue a certificate upon the production of which the Colonial Treasurer may order to be paid out of any moneys provided by the General Assembly for cost of criminal prosecutions to the person so charged a sum not exceeding thirty pounds to enable such person to defray the charges and expenses of the attendance of his witnesses provided that no such order shall be made where the substituted Court is to be holden in the same judicial district wherein such person shall have been committed or held to bail.

XXVII. Where any person shall have been removed or committed to the public gaol at or nearest to the place of trial under the provisions of this Act the Superintendent of the Province in which the offence with which such person is charged shall have been committed or supposed to have been committed shall pay or cause to be paid to the Superintendent of the Province wherein such last mentioned gaol shall be the actual expenses incurred in any removal of such prisoner to or from the said last mentioned gaol and also the actual expenses incurred in the maintenance safe custody care and punishment of such prisoner according to the time for which he shall have been in custody there at the average daily cost of each prisoner according to the whole number of prisoners confined in the said gaol such average to be taken yearly half-yearly quarterly or at such other intervals as the Superintendent of the Province in which such last mentioned gaol shall be shall from time to time determine including in such expenses all salaries of officers all expenses of repairs alterations additions and improvements in or to such last mentioned gaol and any other charges whatsoever on account of the prisoners confined in such gaol subject nevertheless to a proportional share of all deductions on account of the earnings of the prisoners in the said gaol and of all sums of money received in aid of the rates for the maintenance of such prison.

XXVIII. The Governor in Council is hereby authorized from time to time to make rules and regulations touching the public gaols in this Colony and the government and keeping thereof for the purposes of this Act and touching the duties of sheriffs and gaolers under this Act and touching the alteration of any proceeding whatsoever for carrying into effect the purposes of this Act and all such rules and regulations shall be of the like force and effect as if the same had been made by authority of the General Assembly and shall be notified in the New Zealand Gazette" or in such other manner as the Governor in Council may direct.

SCHEDULE A.

To the gaoler of the public gaol at

to the gaoler of the public gaol at

In the judicial district of

[blocks in formation]

To wit.

WHEREAS at a Circuit Court [or sitting for the trial of criminal cases] of the Supreme Court holden at in the year

on the

day of

:

of our Lord 18 [prisoner's name] was convicted of [here state shortly the offence] and was thereupon sentenced by the said Court to be [here state the sentence including the Province or place where it is directed to be executed].

These are therefore in Her Majesty's name to command you the said gaoler of the said gaol at forthwith to cause the said [prisoner's name] to be delivered into the custody of the said gaoler at the said public gaol at in the said Province of

together with this order and also to command you the said gaoler of the said last-mentioned public gaol to receive the said [prisoner's name] into your custody in the same gaol and there safely to keep him until the said sentence shall have been executed according to law or until he shall be otherwise delivered by due course of law.

Given under the hand [s] and scal [s] of me [or us] the undersigned judge [or judges] of the said Supreme Court at

(L.S.)

(L.S.)

SCHEDULE B.

[blocks in formation]

on the

day of

Α.Β.

C.D.

WHEREAS at a Circuit Court [or at a sitting for trial of criminal cases] of the Supreme Court holden at in the year of our Lord 18 [prisoner's name] was convicted of [here state shortly the offence) and was thereupon sentenced by the said Court to be [here state the sentence including the Province or place where it is directed to be executed] And whereas the said [prisoner's name has been ordered to removed into your said district in order that the said sentence may there be executed upon him.

These are therefore in Her Majesty's name to command you the said sheriff to execute the said sentence upon the said [prisoner's name] within your said district according to law.

Given under the hand [s] and seal [s] of the undersigned judge [or judges] of the said Supreme Court at

(L.S.)

(L.S.)

A.B.
C.D.

ΙΝΝΚΕΕΡERS.

frauds upon them. (a)

30 Vic., No. 50.-An Act to amend the law respecting the liability of innkeepers and to prevent certain [8th October, 1866.] WHEREAS it is expedient to amend the law concerning the liability of innkeepers in respect of the goods of their guests in manner hereinafter mentioned.

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows I. The short titie of this Act shall be "The Innkeepers' Liability Act 1866."

II. No innkeeper shall after the passing of this Act be liable to make good to any guest of such innkeeper any loss of or injury to goods or property brought to his inn not being a horse or other live animal or any gear appertaining thereto or any carriage to a greater amount than the sum of thirty pounds except in the following cases that is to say

(1.) Where such goods or property shall have been stolen lost or injured through the wilful act default or neglect of such innkeeper or any servant in his employ.

(a) CONTENTS:-Preamble. 1. Short title. 2. Innkeepers not to be liable for loss &c. beyond £30 except in certain cases. 3. Obligation to receive property of guests for safe custody. 4. Notice of law &c. to be conspicuously exhibited. 5. Interpretation of terms.

(2.) Where such goods or property shall have been deposited expressly for safe custody with such innkeeper. Provided always that in the case of such deposit it shall be lawful for such innkeeper if he think fit to require as a condition of his liability that such goods or property shall be deposited in a box or other receptacle fastened and sealed by the person depositing the same.

III. If any innkeeper shall refuse to receive for safe custody as before mentioned any goods or property of his guest or if any such guest shall through any default of such innkeeper be unable to deposit such goods or property as aforesaid such innkeeper shall not be entitled to the benefit of this Act in respect of such goods or property.

IV. Every innkeeper shall cause at least one copy of the second section of this Act printed in plain type to be exhibited in a conspicuous part of the hall or entrance to and each bedroom in his inn and he shall be entitled to the benefit of this Act in respect of such goods or property only as shall be brought to his inn while such copy shall be so exhibited.

V. The words and expressions hereinafter contained which in their ordinary signification have a more confined or a different meaning shall in this Act except where the nature of the provision or the context of the Act shall exclude such construction be interpreted as follows that is to say the word "inn" shall mean any hotel inn tavern publichouse or other place of refreshment the keeper of which is now by law responsible for the goods and property of his guests and the word "innkeeper" shall mean the keeper of any such place.

INTERPRETATION OF ACTS.

21 & 22 Vic., No. 1.-An Act for the interpretation of Acts of the General Assembly of New Zealand. (a) [28th May, 1858.]

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :

I. Every Act of the General Assembly of New Zealand shall be deemed, and taken to be a public Act, and shall be judicially taken notice of as such, unless the contrary be expressly provided by the Act.

II. Every Act shall be divided into sections if there be more enactments than one, which sections shall be deemed to be substantive enactments, without any introductory words.

III. Every Act which shall not prescribe the time from which it is intended to take effect, and which shall have been assented to in Her Majesty's name, shall come into operation on the day on which it shall receive the Governor's assent. (b)

(a) CONTENTS :--1. All Acts to be deemed public Acts. 2. Acts to be divided into sections. 3. Acts assented, when to come into operation. 4. Reserved Acts when to come into operation. 5. Clerk of Executive Council to endorse on Acts day, &c., of assent. 6. Acts may be amended in same session. 7. Repeal of repealing Act not to revive Act first repealed. 8. Acts may be cited by short title. 9. Interpretation of words, &c. - Her Majesty; Governor; Governor in Council; Constitution Act; Constitution Amendment Act, the Colony, and this Colony; Government "Gazette;" oath, swear, affidavit; singular and plural; masculine gender; month. 10. Application of this Act. 11. Short title.

(b) See secs. 2, 3, 29 Vic., No. 10, "The Commencement of Acts Act, 1865.

IV. Every Act which shall not prescribe the time from which it is intended to take effect, and which shall be reserved for the signifi. cation of Her Majesty's pleasure thereon, shall come into operation on the day on which the Governor by speech, message, or proclamation shall signify that Her Majesty has assented to the same.

V. The clerk of the Executive Council of the Colony shall insert in every Act, immediately after the title thereof, the day, month, and year when the same shall have been assented to by the Governor in Her Majesty's name; and when any Act shall have been reserved by the Governor for the signification of Her Majesty's pleasure thereon, then the day, month, and year on which the Governor by such speech, message, or proclamation as aforesaid, shall have signified that Her Majesty has assented to such Act; and such date shall be taken to be a part of the Act, and to be the date of its commencement when no other commencement shall be therein provided.

VI. Every Act may be altered, amended, or repealed, in the same 'session of the General Assembly of New Zealand in which it may be passed.

VII. Whenever any Act repealing in whole or in any part, any former Act shall be repealed, such last repeal shall not revive the Act or provision before repealed, unless words be added reviving such Act or provision.

VIII. Every Act having a short title may for all purposes be cited by such short title.

IX. In the construction of all Acts, the words and expressions following shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; that is to say,

The term "Her Majesty" shall include Her Majesty, her heirs, and

successors.

The term "Governor" shall mean the person for the time being lawfully administering the Government of New Zealand.

The term "Governor in Council," shall mean the Governor with the advice and consent of the Executive Council of New Zealand.

The term "Constitution Act" shall mean an Act of the Imperial Parliament made and passed in the session held in the fifteenth and sixteenth years of Her Majesty Queen Victoria, chapter 72, intituled "An Act to grant a Representative Constitution to the Colony of New Zealand."

The term "Constitution Amendment Act" shall mean an Act of the Imperial Parliament made and passed in the session held in the 20th and 21st years of Her Majesty Queen Victoria, chapter 53, intituled "An Act to amend the Act for granting a Representative Constitution to the Colony of New Zealand."

The terms "the Colony," and "this Colony" shall severally mean the Colony of New Zealand, the boundaries whereof shall be deemed to include all territories, islands, and countries lying between 33 degrees of south latitude and 50 degrees of south latitude and 162 degrees of east longitude and 173 degrees of west longitude, reckoning from the meridian of Greenwich.

The terms "Government Gazette" and "New Zealand Gazette," shall mean the" Gazette" published by or under the authority of the Government of New Zealand.

The words "oath," and "affidavit" shall include affirmation and declaration, and the word "swear" shall include affirm and declare in the case of persons allowed by law to affirm or declare instead of swearing.

Words importing the singular number only shall include the plural number, and words importing the plural number only shall include the singular number.

Words importing the masculine gender only shall include females.
The word "month" shall mean calendar month.

X. This Act shall be deemed to apply to all Acts already, or to be hereafter, passed by the General Assembly of New Zealand, except the fifth section hereof which shall apply only to Acts to be hereafter passed.

XI. This Act may for all purposes be cited as the "Interpretation Act, 1858."

27 Vic., No. 21. - An Act to repealan Act of the General Assembly of New Zealand intituled "An Act for amending the 'Interpretation Act 1858' and for defining the time when Acts of the General Assembly shall come into operation." (a)

[14th December 1863.] BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows:

I. The short title of this Act shall be "The Commencement of Acts Act 1862 Repeal Act 1863."

II. An Act of the General Assembly intituled "The Commencement of Acts Act 1862" shall be and is hereby repealed.

III. This Act shall come into operation on the day on which it shall receive the Governor's assent.

:

29 Vic., No. 10.- An Act to define the time when Acts of the General Assembly assented to by the Governor shall come into operation. (b)

[26th September 1865.]

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows :

I. The short title of this Act shall be "The Commencement of Acts Act 1865."

II. Every Act which shall not prescribe the time from which it is intended to take effect and which shall have been assented to in Her Majesty's name shall come into operation on the day on which it shall receive the Governor's assent.

III. This Act shall come into operation on the day on which it shall receive the Governor's assent and shall apply to Acts passed in the last session of the General Assembly to Acts passed in the present session of the General Assembly before the coming into operation of this Act and to Acts which shall hereafter be passed.

(a) CONTENTS:-1. Short title. 2. Commencement of Acts Act repealed. 3. Date when Act to come into operation. (b) CONTENTS:-1. Short title. 2. Acts assented to to come into operation on the day on which assent is given. 3. Application of this Act.

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