I. It shall be lawful for any person in whose favour any judgment, decree, rule, or order, whereby any sum of money is made payable, has been obtained in the Supreme Court of any of Her Majesty's Austra lasian Colonies, to cause a memorial of the same containing the particulars hereinafter mentioned and authenticated by the seal of the Court wherein such judgment, decree, rule, or order, was obtained to be filed in the office of the Supreme Court of New Zealand, and such memorial being so filed shall thenceforth be a record of such judgment, decree, rule, or order, and execution may issue thereon as hereinafter provided: Provided further, that every seal purporting to be the seal of any such Court shall be deemed and taken to be the seal of such Court until the contrary is proved, and the proof that any such seal is not the seal of such Court shall lie upon the party denying or objecting to the same.

II. Every such memorial shall be on parchment and signed by the party in whose favor such judgment, decree, rule, or order, was obtained, or his attorney, and shall contain the following particulars, all of which shall be fairly written, without interlineations or erasures, and, with the exception of dates, in words at length, that is to say, the names and additions of the parties, the form or nature of the action or suit or other proceeding, and when commenced, the date of the signing or entering up, of the judgment or of passing the decree, or of making the rule or order, and the amount recovered, or the decree pronounced, or rule or order made, and if there was a trial, the date of such trial, and amount of verdict given.

III. It shall be lawful for the Supreme Court of New Zealand, or any judge thereof, upon the application of the person in whose favor such judgment, decree, rule or order, was obtained, or his attorney, to grant a rule or issue a summons calling upon the person against whom such judgment, decree, rule or order, was obtained, to show cause within such time after personal or such other service of the rule or summons as such judge or Court shall direct why execution should not issue upon such judgment, decree, rule or order, and such rule or summons shall give notice that in default of appearance execution may issue accordingly, and if the person served with such rule or summons does not appear, or does not show sufficient cause against such rule or summons, it shall be lawful for the said Court or judge, on due proof of such service as aforesaid, to make the rule absolute or to make an order for issuing execution as upon a judgment, decree, rule, or order of the Supreme Court of New Zealand, subject to such terms and conditions if any, as to such Court or judge may seem fit, and thereupon, and subject thereto, the person entitled to such execution. shall have and be entitled to all such process and to all such rights and remedies for the enforcement thereof, and the person against whom such execution is so authorized shall, in like manner be entitled to all such protective rights and advantages, as they would respectively have been entitled to, had such judgment, decree, rule, or order of the Supreme Court of any of the said Colonies been obtained in the Supreme Court of New Zealand, and all such proceedings may be had or taken for the revival of such judgment, decree, rule, or order, or the enforcement thereof by and against persons not parties to such judgment, decree, rule, or order, as may be had for the like purposes upon any judgment, decree, rule, or order of the Supreme Court of this Colony.

IV. The short title of this Act shall be "Australasian Creditors Act, 1858."

CRIMINALS (EXECUTION OF).

21 & 22 Vic., No. 10.-An Act to regulate the execu tion of criminals. (a) [3rd June, 1858.]

WHEREAS it is expedient to alter the practice observed in the execution of criminals: Be it therefore enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows

I. From and after this Act coming into operation in any district of New Zealand, sentence of death passed upon any person by the Supreme Court of the Colony, or by any judge of the said Court, shall be carried into execution within the walls or the enclosed yard of some gaol, or within some other enclosed place.

II. The Governor shall from time to time, by writing under his hand, appoint such gaols and other places for such executions as he may think proper; and may revoke such appointments, and, if he shall think fit, appoint other places in lieu thereof.

III. The sheriff, the gaoler, any of the officers of the gaol whose attendance the sheriff may require, and a medical practitioner, shall be present at every such execution, together with any justices of the peace and ministers of religion who may desire to attend, and also such military and police guard (and other male adult spectators, not exceed ing ten, unless under permission from the Governor,) as the sheriff may think fit to admit, but no other persons whatsoever.

IV. Every one of the persons aforesaid who may attend or be present at any such execution, shall continue and remain within the walls or enclosed yard of the gaol, or other enclosed place, until the sentence shall have been carried into execution and completed according to law, and until the medical practitioner shall have signed a certificate in the form numbered I. in the schedule to this Act; and the sheriff, gaoler, and other officers of the gaol, and also such other of the persons present as may think fit, shall, before their departure from the gaol or place of execution, subscribe a declaration according to the form numbered II. in the said schedule.

V. The body of any person on whom the sentence of death shall have been carried into execution as aforesaid, shall not be buried or removed from the gaol or place where such execution is had, within eight hours next after such execution; and every person who shall within that time produce to the gaoler, or other person in charge of the body, an order from a justice of the peace requiring such gaoler or other person to admit the bearer of such order to view the body of such person, shall and may be admitted by such gaoler accordingly.

VI. Whenever any execution shall have taken place, it shall be the duty of the sheriff to give notice thereof forthwith to the coroner of the district, who shall, as soon as conveniently may be, hold an inquest

(a) CONTENTS:-Preamble. 1. Execution to be carried into effect within walls of gaol, or other enclosed place. 2. Governor to appoint proper gaols and places. 3. Sheriff and officers of gaol to witness execution. 4. Medical officer to sign a certificate and witnesses a declaration. 5. Body not to be buried within eight hours and to be viewed. 6. Inquest to be held on the body. 7. Penalty for subscribing false certificate or declaration. 8. Certificate and declaration to be kept as record of Supreme Court, and to be published in “Gazette." 9. Commencement and operation of Act. 10. Governor in special cases may appoint any time and place for execu tion. 11. Short title. Schedule.

upon the body of the person upon whom the sentence o death has been executed; and the jury, which shall not include any of those who witnessed the execution, on such inquest shall enquire and find whether such sentence was duly carried into effect on the body of the person condemned to execution.

VII. Any person who shall subscribe any certificate or declaration as aforesaid, knowing the same to be false, or to contain any false statement, shall be deemed guilty of felony, and being thereof lawfully convicted shall be liable to be sentenced to penal servitude for any term not exceeding six years.

VIII. Every such certificate and declaration as aforesaid shall be forthwith transmitted by the sheriff to the registrar or deputy-registrar of the Supreme Court for the Province within which such execution shall have taken place, and shall be kept in his office as a record of the said Court, and shall be published in the New Zealand "Gazette."

IX. This Act shall come into operation in such part of the Colony of New Zealand as the Governor shall by proclamation from time to time appoint to be districts for that purpose.

X. Provided always, that it shall be lawful for the Governor, with the advice of his Executive Council, by an order under his hand to be given in any special case in which the circumstances may appear to render it expedient, to direct that sentence of death, passed upon any person as aforesaid, shall be carried into execution at some particular time and place within the Colony of New Zealand, to be in such order set forth, and in every such case none of the provisions of this Act shall apply or be acted on.

XI. The short title of this Act shall be "Execution of Criminals Act, 1858."

SCHEDULE REFERRED TO.

FORM No. I.

CERTIFICATE.

I, (A. B.,) the medical officer in attendance at the execution of (C. D.,) at the gaol of (or at the place of execution at ,) do hereby certify and declare, that I have this day witnessed the execution of the said (C. D.) at the said gaol; and I do further certify and declare, that the said (C. D.) was, in pursuance of the sentence of the Supreme Court, hanged by the neck until his body was dead.

on the

We do hereby testify and declare, that we have this day been present when the extreme penalty of the law was carried into execution on the body of (C. D.,) convicted at the criminal session of the Supreme Court held at last (instant), and sentenced to death, and that the said (C. D.) was, in pursuance of the said sentence, hanged by the neck until his body was dead.

day of

CRIMINAL LAW.

30 Vic., No. 1.-An Act for amending the law of evidence and practice on criminal trials and for facilitating the despatch of business before grand juries. (a) [10th August, 1866.] WHEREAS it is expedient to amend the law of evidence and practice on trials for felony and misdemeanour and other proceedings in Courts of criminal judicature

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 Criminal Law Procedure Act 1866."

II. The provisions of the third section of this Act shall apply to every trial for felony or misdemeanour which shall be commenced on or after the first day of July one thousand eight hundred and sixty six and the provisions of sections from four to nine inclusive of this Act shall apply to all Courts of judicature as well criminal as all others and to all persons having by law or by consent of parties authority to hear receive and examine evidence.

III. If any prisoner or prisoners defendant or defendants shall be defended by counsel but not otherwise it shall be the duty of the presiding judge at the close of the case for the prosecution to ask the counsel for each prisoner or defendant so defended by counsel whether he or they intend to adduce evidence and in the event of none of them thereupon announcing his intention to adduce evidence the counsel for the prosecution shall be allowed to address the jury a second time in support of his case for the purpose of summing up the evidence against such prisoner or prisoners or defendant or defendants and upon every trial for felony or misdemeanour whether the prisoners or defendants or any of them shall be defended by counsel or not each and every such prisoner or defendant or his or their counsel respectively shall be allowed if he or they shall think fit to open his or their case or cases respectively and after the conclusion of such opening or of all such openings if more than one such prisoner or prisoners or defendant or defendants or their counsel shall be entitled to examine such witnesses as he or they may think fit and when all the evidence is concluded to sum up the evidence respectively and the right of reply and practice and course of proceedings save as hereby altered shall be the same as at present.

IV. A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character but he may in case the witness shall in the opinion of the judge prove adverse contradict him by other evidence or by leave of the judge prove that he has made at other times a statement inconsistent with his present testimony but

(a) CONTENTS:--Preamble. 1. Short title. 2. Provisions of the third section of this Act to apply to trials commenced on or after 1st July 1866. 3. Summing up of evidence in cases of felony misdemeanour. 4. How far witness may be discredited by the party producing. 5. As to proof of contradictory statements of adverse witness. 6. Cross-examinations as to previous statements in writing. 7. Proof of previous conviction of witness may be given. How proved. 8. As to proof by attesting witnesses. 9. As to comparison of disputed handwriting. 10. Witnesses to be examined before grand juries to be sworn in the presence of the jurors. 11. Such witnesses need not be sworn in open Court. 12. Interpretation.

before such last-mentioned proof can be given the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the witness and he must be asked whether or not he has made such statement.

V. If a witness upon cross-examination as to a former statement made by him relative to the subject matter of the indictment or proceeding and inconsistent with his present testimony does not distinctly admit that he has made such statement proof may be given that he did in fact make it but before such proof can be given the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the witness and he must be asked whether or not he has made such statement.

VI. A witness may be cross-examined as to previous statements made by him in writing or reduced into writing relative to the subject matter of the indictment or proceeding without such writing being shown to him but if it is intended to contradict such witness by the writing his attention must before such contradictory proof can be given be called to those parts of the writing which are to be used for the purpose of so contradicting him Provided always that it shall be competent for the judge at any time during the trial to require the production of the writing for his inspection and he may thereupon make such use of it for the purposes of the trial as he may think fit.

VII. A witness may be questioned as to whether he has been convicted of any felony or misdemeanour and upon being so questioned if he either denies or does not admit the fact or refuses to answer it shall be lawful for the cross-examining party to prove such conviction and a certificate containing the substance and effect only omitting the formal part of the indictment and conviction of such offence purporting to be signed by the clerk of the Court or other officer having the custody of the records of the Court where the offender was convicted or by the deputy of such clerk or officer for which certificate a fee of five shillings and no more shall be demanded or taken shall upon proof of the identity of the person be sufficient evidence of the said conviction without proof of the signature or official character of the person appearing to have signed the same.

VIII. It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite and such instrument may be proved as if there had been no attesting witness thereto.

IX. Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine shall be permitted to be made by witnesses and such writings and the evidence of witnesses respecting the same may be submitted to the Court and jury as evidence of the genuineness or otherwise of the writing in dispute.

X. From and after the passing of this Act it shall be lawful for the foreman of every grand jury impanelled in the Colony and he is hereby authorized and required to administer an oath to all persons whomsoever who shall appear before such grand jury to give evidence in support of any bill of indictment and all such persons attending before any grand jury to give evidence may be sworn and examined upon oath by such grand jury touching the matters in question and every person taking any oath or affirmation in support of any bill of indictment who shall wilfully swear or affirm falsely shall be deemed guilty of perjury and the name of any witness so examined or intended to be so examined shall be indorsed on such bill of indictment and the foreman of each grand jury shall write his initials against the