Years and Chapters of Statutes. SCHEDULE. Titles. Short Titles. 11 & 12 Vic. Chapter 42. 11 & 12 Vic. Chapter 43. 11 & 12 Vic. Chapter 44. An Act to facilitate the performance of the "Indictable duties of justices of the peace out of sessions Offences Act within England and Wales, with respect to 1848." persons charged with indictable offences. An Act to facilitate the performance of the "Summary duties of justices of the peace out of sessions within Convictions England and Wales, with respect to summary Act, 1848." convictions and orders. An Act to protect justices of the peace from "Justices vexatious actions for acts done by them in Protection execution of their office. Act, 1848." 24 Vic., No. 7.--An Act to improve the administration of the law so far as respects summary proceedings before justices of the peace. (a) [28th September 1860.] WHEREAS it is expedient that provision should be made for obtain-*** ing the opinion of a superior Court on questions of law which arise in*** the exercise of summary jurisdiction by justices of the peace: 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 "Summary Proceedings Improvement Act, 1860." II. In the interpretation, and for the purposes of this Act, the word "Court" shall mean the Supreme Court of New Zealand, and the words "justice or justices" shall include a resident magistrate. III. After the hearing and determination by a justice or justices of the peace of any information or complaint which he or they have power to determine in a summary way by any law now in force or hereafter to be made, either party to the proceeding before the said justice or justices may, if dissatisfied with the said determination as being (a) CONTENTS: - Preamble. 1. Short title. 2. Interpretation of terms. 3. Justices on application of a party aggrieved to state a case for the opinion of the Court. 4. Security and notice to be given by the appellant. 5. Justices may refuse a case when they think the application frivolous. 6. When justices refuse, the Court may by rule order a case to be stated. 7. Court to determine the questions on the case. Its decision shall be final. 8. Case may be sent back for amendment. 9. Powers of the Court may be exercised by a judge at chambers. 10. After the decision of Court, justices may issue warrants. 11. Certiorari not to be required for proceedings under this Act. 12. Court may make rules for proceedings. 13. Recognizances, how to be enforced. 14. Appellants under this Act not to be allowed to appeal otherwise. Schedule. ? erroneous in point of law, apply in writing within three days after the same to the said justice or justices to state and sign a case setting forth the facts and the grounds of such determination for the opinion thereon of the Court, and such party, hereinafter called the "appellant," shall within fourteen days after receiving such case transmit the same to the Court, first giving notice in writing of such appeal, with a copy of the case so stated and signed to the other party to the proceeding in which the determination was given, hereinafter called the respondent:" Provided always that no such determination may be appealed against on the ground of improper admission or rejection of evidence. IV. The appellant, at the time of making such application, and before the case shall be stated and delivered to him by the justice or justices, shall in every instance enter into a recognizance before such justice or justices, or any one or more of them, or any other justice exercising the same jurisdiction with or without surety or sureties, and in such sum as to the justice or justices shall seem meet, conditioned to prosecute without delay such appeal, and to submit to the judgment of the Court and pay such costs as may be awarded by the same; and the appellant shall at at the same time and before he shall be entitled to have the case delivered to him, pay the fees for and in respect of the case and recognizances, according to the schedule to this Act annexed, which fees may from time to time be varied or abolished by the Governor in Council; and the appellant, if then in custody, shall be liberated upon the recognizance being further conditioned for his appearance before the same justice or justices, or if that is impracticable, before some other justice or justices exercising the same jurisdiction, who shall be then sitting, within ten days after the judgment of the Court shall have been given, to abide such judgment, unless the determination appealed against be reversed. V. If the justice or justices be of opinion that the application be merely frivolous, but not otherwise, he or they may refuse to state a case, and shall on request of the appellant sign and deliver to him a certificate of such refusal: Provided that the justice or justices shall not refuse to state a case when application for that purpose is made to them by or under the direction of Her Majesty's Attorney-General for the Colony. VI. When the justice or justices shall refuse to state a case as aforesaid, it shall be lawful for the appellant to apply to the Court upon an affidavit of the facts for a rule calling upon such justice or justices, and also upon the respondent, to show cause why such case should not be stated, and the Court may make the same absolute or discharge it with or without payment of costs, as to the Court shall seem meet, and the justice or justices upon being served with such rule absolute, shall state a case accordingly upon the appellant entering into such recognizance as is hereinbefore provided. VII. The Court shall hear and determine the question or questions of law arising on any case transmitted to it under this Act, and shall thereupon reverse, affirm or amend the determination in respect of which the case has been stated, or remit the matter to the justice or justices with the opinion of the Court thereon, or may make such other order in relation to the matter, and may make such orders as to costs, as to the Court may seem fit; and all such orders shall be final and conclusive on all parties: Provided always, that no justice or justices of the peace who shall state and deliver a case in pursuance of this Act shall be liable to any costs in respect or by reason of such appeal against his or their determination. VIII. The Court shall have power if they think fit to cause the case to be sent back for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended. IX. The authority and jurisdiction hereby vested in the Court for the opinion of which a case is stated under this Act, shall and may subject to any rules and orders of such Court in relation thereto, be exercised by a judge of such Court sitting in chambers. X. After the decision of the Court in relation to any case stated for their opinion under this Act, the justice or justices in relation to whose determination the case has been stated, or any other justice or justices of the peace exercising the same jurisdiction shall have the same authority to enforce any conviction or order which may have been affirmed, amended, or made by such Court as the justice or justices who originally decided the case would have had to enforce his or their determination if the same had not been appealed against: and no action or proceeding whatsoever shall be commenced or had against the justice or justices for enforcing such conviction or order by reason of any defect in the same respectively. XI. No writ of certiorari or other writ shall be required for the removal of a conviction, order, or other determination in relation to which a case is stated under this Act, or otherwise for obtaining the judgment or determination of the Court on such case under this Act. XII. The Court may from time to time, and as often as it shall see occasion, make and alter rules and orders to regulate the practice and proceedings in reference to the cases hereinbefore mentioned. XIII. In all cases where the conditions or any of them in the said recognizance mentioned shall not have been complied with, the justice or justices who shall have taken the same, or any other justice or justices shall certify upon the back of the recognizance in what respect the conditions thereof have not been observed, and transmit the same to the registrar of the Court within the district within which such recognizance shall have been taken, to be proceeded upon in like manner as other forfeited recognizances of the Court. XIV. Any person who shall be entitled to appeal under the provisions of this Act against any determination of a justice or justices of the peace shall not be entitled to appeal under the provisions of an Ordinance of the Governor and Legislative Council of New Zealand, session II, No. 5, intituled, "An Ordinance to regulate Summary Proceedings before Justices of the Peace," nor in any other manner than under the provisions of this Act. (a) SCHEDULE. s. d. For drawing case and copy, where the case does not exceed five folios Where the case exceeds five folios, then for any additional folio.. .. .. .. (a) The Ordinance sess. 2, No. 5, is repealed by sec. 2, 30 Vie., No. 46, "The Justices of the Peace Acts Repeal Act, 1866." 30 Vic., No. 46.- An Act to repeal certain Acts and portions of Acts relative to justices of the peace and to certain matters within their jurisdiction. (a) [8th October 1866.] BE IT FNACTED 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 Justices of the Peace Acts Repeal Act 1866." II. The several Acts and Ordinances and the parts of the Acts mentioned and specified in the schedule to this Act shall continue in force until and throughout the thirty-first day of December in this present year and shall from and after that day be repealed to the extent in the said schedule stated except as to proceedings which may then be pending to which the said Acts and Ordinances or any of them are applicable Provided also that every act duly done and every warrant or other instrument duly made or granted and every proceeding duly taken under the authority or in execution of the said Acts and Ordinances and the said parts of the said Acts before this Act comes into operation shall be and continue as valid to all intents and purposes and may be continued executed and enforced after this Act shall come into operation in the same manner as if this Act had not been passed and the said Acts and Ordinances and the said parts of the said Acts had not been repealed and that every right liability privilege and protection in respect of any matter or thing committed or done before this Act comes into operation shall continue and be of the same force and effect as if the said Acts and Ordinances and the said parts of the said Acts had not been repealed and that every action prosecution and other proceeding which shall have been commenced before this Act comes into operation in respect of any such matter or thing may be prosecuted continued and defended in the same manner as if the said Acts and Ordinances and the said parts of the said Acts had not been repealed and where by the provisions of any Act or Ordinance now in force proceedings are directed to be taken or penalties enforced under any Act or Ordinance or parts of any Act hereby repealed such proceedings may be taken and penalties enforced under this Act Minden the Justice of the Peace Act 1866 (a) CONTENTS :-1. Short title. 2. Repeal clause, Schedule. |