FORMULARY. FORMS REFERRed to, and othERS OF PRACTICAL UTILITY. Oaths, &c., (4)—Surety for the Peace, (7)—Summary Convic- tions, (15)-Commitments, (27)-Appeals, (40)—Indictable Offences, (46)-Resident Magistrates, (57)-Civil Summons, (58) Warrants, (61)-Recovery of Possession of Tenements, (69)-Contempt, (79)-Small Debts, (79)-Coroners, (84)— Verdicts in cases of Death, (100)-Inquests in case of Fire, (114)-Apprentices, (116)-Arms, (119)—Bastards, (122) — Children, Neglected and Criminal, (126)-Contagious Diseases, (128) Crown Debts, Recognizances, (131)-Customs, (131)— Destitute Persons' Relief, (138)-Distillation, (142)-Jury Lists, (143)-Landlord and Tenant, (145)-Lunatics, (146)-Marine PAGES Page 170. In N.B., line 4, after post, instead of "in &c.," read " p. 298." No. 27. Note.-If the imprisonment is to be only in default of payment of a fine, the form must be varied accordingly. See No. 37. No. 114. Same note as to No. 27, supra. APPENDIX. PART I. THE COMPONENT PARTS OF THE LAW OF NEW ZEALAND GENERALLY. THE Law of New Zealand includes the seven following heads: I. The Common and Statute Law of England as existing on the 14th day of January, 1840, " so far as applicable to the circumstances of the Colony," which, pursuant to the declaratory Act of the New Zealand Assembly, entitled "The English Laws Act, 1858" (s. 1), "shall be deemed and taken to have been in force therein on and after that day, and shall continue to be therein applied in the administration of justice accordingly." (1) II. Imperial Acts applicable to Colonies generally, as hereinafter indicated. III. Imperial Acts specially affecting New Zealand, hereinafter specified. IV. English Acts passed since the 14th January, 1840, adopted by the Legislature of the Colony by reference,(2) hereinafter enumerated. V. The Ordinances and Acts of the General Legislature of the Colony, comprising, (1) The most convenient form in which the unrepealed English Statutes are to be found published together, is that of Chitty's Statutes of Practical Utility, 3rd edit., 1865: Sweet; and Stevens and Norton, London. Stamp's Index (edition by Davis: Sweet, 1862) contains a digest of the contents of all the unrepealed Acts. (*) There are many other Acts of the New Zealand Legislature derived wholly or in part from English Acts, with certain modifications, but which are expressly enacted as part of the Statute law of the Colony. 1. The Ordinances of the Legislative Council of New Zealand, passed in twelve Sessions from the year 1840 to the year 1853, inclusive. 2. The Acts of the General Assembly of New Zealand, established under the New Zealand Constitution Act, the 15 and 16 Vict. c. 72(1) (amended by the 20 and 21 Vict. c. 53); in Sessions held in the years 1854, 1855, 1856, 1858, 1860, 1861, 1862, 1863, 1864, 1865, 1866, 1867, 1868, 1869. (N.B.-A list of all the Ordinances and Acts of general applicability, arranged alphabetically according to their subjects, will be found in this Appendix.) VI. The Ordinances of the Lieutenant-Governor and Legislative Council of the Province of New Munster, Session I., 1849.(2) VII. The Ordinances of the several Provincial Councils created by the Constitution Act (15 and 16 Vict. c. 72), and (1) The Act 15 and 16 Vict. c. 72, entitled "An Act to grant a Representative Constitution to New Zealand,” was passed on the 30th June, 1852, and proclaimed in New Zealand on the 17th January, 1853. The 53rd section enacts “that it shall be competent for the said General Assembly (except and subject as hereinafter mentioned), to make laws for the peace, order, and good government of New Zealand, provided that no such laws be repugnant to the law of England;" and this section cannot be altered by the General Assembly itself. The recent Statute, 28 and 29 Vict. c. 63, ss. 2 and 3, explains what is meant by repugnancy. The 2nd section enacts "that any Colonial law which is or shall be in any respect repugnant to the provisions of any Act of Parliament extending to the Colony to which such law may relate, or repugnant to any order or regulation made under authority of such Act of Parliament or having in the Colony the force and effect of such Act or regulation, shall be read subject to such Act or order, and shall to the extent of such repugnancy, but not otherwise, be and remain absolutely void and inoperative." The 3rd section provides that "no Colonial law shall be or be deemed to have been inoperative on the ground of repugnancy to the law of England unless the same shall be repugnant to the provisions of some such Act of Parliament, order or regulation, as aforesaid." (2) Those Ordinances seem to have been originally but cleven in number. Some of them have become obsolete; others of them have been repealed by Provincial Councils of Provinces within the old Province of New Munster; but it appears that "An Ordinance to increase the efficiency of the Constabulary Force" is still in force in several Provinces. |