or any other act, matter, or thing whatsoever, shall or may be issued, made, or done by the Governor in Council, or by the Governor with the advice and consent of the Executive Council of New Zealand, and whenever in any such Act or Ordinance, any other like expression is used; or reasonable cause-if such It shall be sufficient if the advice and consent of such Advice and Executive Council be signified to such order, warrant, appoint- Executive consent of ment, rules, regulations, or proclamation, or other act, matter, Council. or thing, at a meeting of the said Executive Council-though the Governor should be prevented from attending or presiding thereat by some necessary meeting be duly convened and held in accordance with any Royal Instructions relating thereto, for the time being in force; and on the advice and consent of such Council being signified at any such meeting of such Council, it shall be lawful for the Governor to issue, make, or do any such order, warrant, appointment, rules, regulations, proclamation, or other act, matter, or thing, in like manner as if he had himself been present at the meeting of the Council at which such advice and consent had been signified. And all such orders, warrants, appointments, rules, regula- Orders in tions, and proclamations, and other acts, matters, and things, shall Council, &c., previously take effect from the publication thereof in The New Zealand issued, valid. Gazette, unless some other time is named or fixed therein, or is expressly provided by law for the taking effect thereof: And it is hereby expressly provided that all orders, warrants, appointments, rules, regulations, proclamations, and other instruments whatsoever, issued, executed, or made before the passing of this Act, which would have been valid if this section of this Act had been in force at the time of the issuing, executing, or making thereof, shall be deemed to have been valid from the issuing, executing, or making thereof: Provided also that the validity of any such order, warrant, appointment, rule, regulation, or proclamation issued, made or executed before or after the coming into operation of this Act, shall not be called in question in any Court of Law, or before any Judge, Commissioner, or Justice, on the ground that the Governor was not prevented by any necessary or reasonable cause from attending any such meeting of the Executive Council as aforesaid. 15. In this Act the word "Ordinance" shall include only an Word "OrdiOrdinance of the Governor, Governor-in-Chief, or Lieutenant- nance Act. in this Penalties how to be recovered where no other forms prescribed. Governor, with the advice and consent in each case of the Legislative Council of New Zealand, except where it is so expressed in the context as also referring to Provincial Ordinances. 16. (1) All fines, penalties, forfeitures, or sums of money, which under or by virtue of any Act now or hereafter to be in force, are or shall be authorized or directed to be imposed on any person, shall and may-where no other form or mode of procedure is or shall be prescribed by such Act for the recovery of the same-be recovered in a summary way before any two Justices of the Peace in the manner provided by "The Justices of the Peace Act, 1866," so far as the same relates to summary convictions, or by any Act repealing or amending the same, or for like purposes. Title. Preamble. THE PETTY SESSIONS ACT, 1865, AS AMENDED BY THE AMENDMENT ACTS, 1866 AND 1868. An Act to establish Courts of Petty Sessions of the Peace of Civil and Criminal Jurisdiction in the Colony of New Zealand. [30th October, 1865.] WHEREAS it is expedient that further provision should be made for the administration of justice in civil and criminal cases: Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: : (1) This important provision seems hardly in its proper place in an Interpretation Act. (2) Sess. xi. No. 3, 1851. 1. The Short Title of this Act shall be "The Petty Sessions Short Title. Act, 1865." 2. This Act shall come into operation in each of the Provinces Commenceof New Zealand respectively, on and from a day to be fixed in ment of operation in respect of each of such Provinces by the Governor in Council, particular whereof notice shall be published in the New Zealand Gazette Provinces. and in the Gazette of the Province to which the same (1) shall Notice in relate. Gazette. Sessions. 3. There shall be within the Colony Courts to be called Courts of Petty Courts of Petty Sessions, which shall be held once in every month in each district. (^) Constitution of Districts 4. The Governor, from time to time, by Order in Council, whereof notice shall be published in the New Zealand Gazette, for Courts. may constitute and define districts within and for which the said Courts respectively shall be held; and such districts, or any of them, may from time to time in manner aforesaid abolish, and the boundaries thereof may define or alter. 5. The Petty Sessions Court shall be held by and before To be held by Justices of the Peace for the said Colony, and a Chairman shall Justices and a be appointed as hereinafter mentioned. (3) Chairman. 6. It shall be the duty of all Justices of the Peace resident Duty of within any Petty Sessions District, to attend the Petty Sessions Justices in Courts for such district respectively. District to attend. 7. As soon as conveniently may be after the establishment of Annual meeta Petty Sessions District, and afterwards from time to time as ing appointed by Governor may be deemed expedient, the Governor shall, by proclamation for choice of a in the New Zealand Gazette, appoint a meeting of the Justices Chairman. of the Peace resident in such district, to be yearly held in such district at some specified time and place, for the purpose of choosing a Chairman of Petty Sessions and settling a rota of attendance. (+) (1) That is, such notice. (*) It would seem that more than one Court cannot be held in the same month under the Act; but it may be assumed that two Justices have power to adjourn their sitting within the same month. (3) It would appear that Justices sitting in the Court of Petty Sessions could not act without a Chairman. There seems to be nothing to prevent Justices not resident within the district or on the rota, from sitting at such Courts, although it may not be their duty to attend. (*) It is not provided that the annual meeting should be at the time of holding a monthly Court, but it would probably be convenient that it should be so arranged that the annual meeting should be at the time of holding the last monthly Court in the year. Three a quorum. Election of In default of election, Governor to Five [read three](1) Justices at such meeting shall form a quorum, and shall,() by a majority of those then and there present, elect one of the Justices resident in such district (3) to be Chairman of Petty Sessions for the ensuing year; and the person so elected shall be and act as such Chairman for such period accordingly: and it shall be his duty to preside at all Petty Sessions Courts to be held within such district for such period, and to act as Chairman thereof. 8. In case the Justices so assembled or appointed to assemble for the purpose of electing a Chairman shall not agree, or for any appoint Chair- other reason shall fail to elect or choose such Chairman, the Governor shall, by warrant under his hand, appoint one of the Justices resident within the district to be such Chairman, who shall act as such in manner and for the period aforesaid. man. On vacancy of Chairmanship, Governor to appoint. Rota to be settled at annual meet ing. Every Justice to be on role at least four times a year. If Justices do not settle, Governor may. 9. In case the office of Chairman of a Petty Sessions Court shall become vacant by reason of the death of the Chairman or otherwise, the Governor shall, by warrant under his hand, nominate and appoint some other Justice of the Peace resident within the district to be and act as Chairman thereof for the current year. 10. The Justices of the Peace shall, at such meeting as aforesaid, settle and determine amongst themselves a rota for their respective attendance at such Petty Sessions Courts for the year then next ensuing, for the purpose of (4), and so as to apportion, as equally and conveniently as may be, amongst themselves, the duty of attendance at such Courts: Provided that such rota shall be so framed as to require the attendance of each Justice four times at least in every year. And if the said Justices shall be at any time unable to agree upon or settle such rota of attendance amongst themselves, the Governor shall from time to time, by warrant under his hand, settle the same. (1) "The Petty Sessions Act Amendment Act, 1866," s. 2, enacts :-" Three Justices shall form a quorum at the yearly meetings of Justices to be held under the provisions contained in the said seventh section of the said Act (ie., the Act of 1865), with the same powers and the same duties as are conferred on or vested in the quorum of five by the said Act; and the said Act shall be construed and read as if the word "three" had been originally inserted in the said seventh section of the said Act in lieu of the word "five." () That is, the Justices shall-not the "three" Justices. (3) Whether present or not. (*) Query, “apportioning" omitted? At each Court the Chairman and one Justice, or, in case of the Quorum. Chairman's absence, three Justices, shall form a quorum.(1) 11. It shall be the duty of the Clerk of the Petty Sessions Copy of list. Court to furnish each Justice of the Peace resident within the Petty Sessions District in which such Court is situated, as soon as conveniently may be, with a copy of the list or rota so settled. to attend. 12. Any Justice of the Peace who shall, except from some Justice failing unavoidable cause or accident, fail twice in any current year in attending such Court on the days appointed for his attendance, according to such rota or list so settled, shall be removed from the Commission of the Peace by the Governor, and shall be disqualified from being replaced in such Commission for the space of one year from the date of such removal. Provided such Justice of the Peace does not reside further than twenty-five miles from the place of meeting of the Petty Sessions. 13. The Governor may at all times, by warrant under his Excuse. hand, excuse any Justice or Justices of the Peace from attendance at any Petty Sessions Court, for any period to be defined in such warrant; and the Chairman and Justices attending any Court may excuse any Justice (who may make out to their satisfaction a case of urgent necessity) from attending the next() sittings appointed for his attendance. 14. If it shall happen that at any Petty Sessions Court, within Absence of Chairman. half an hour after the time appointed for the commencement of business, the Chairman of such Court shall not be in attendance, it shall be lawful for the Justices of the Peace then present, to choose a Chairman, who shall act for that sitting of the Court, and be the Chairman thereof.(3) Provided that in every such Quorum. case, the quorum of Justices shall be three, including such temporary Chairman. (1) This provision must not be taken as abridging the powers of a single Justice, or two ordinary Justices acting together out of the Court of Petty Sessions; but when the Court shall be exercising the functions which can be exercised by one or two Justices, it must act by a Quorum. (This excuse therefore would be prospective, although for matter of urgent necessity. But there seems to be no power to excuse from continuing at a sitting once commenced; and surely the duty would not be performed by coming at the beginning and immediately going away. (3) The temporary Chairman ought not to give place, at that sitting, to the regular Chairman, if he should come in later. APP. მ |