tion is to be trial. authority of the person appearing to have signed the same, or of his custody, or right to the custody, of the records of the Court: When the pre- And the proceedings upon any indictment for committing vious convic any offence, after a previous conviction or convictions, shall be as proved on the follows; (that is to say,) the offender shall in the first instance be arraigned upon so much only of the indictment as charges the subsequent offence, and if he plead not guilty, or if the Court order a plea of not guilty to be entered on his behalf, the Jury shall be charged, in the first instance, to inquire concerning such subsequent offence only; and if they find him guilty, or if on arraignment he plead guilty, he shall then, and not before, be asked whether he had been previously convicted, as alleged in the indictment, and if he answer that he had been so previously convicted, the Court may proceed to sentence him accordingly; Summary proceedings in New Zealand may be under but if he deny that he had been so previously convicted, or stand mute of malice, or will not answer directly to such question, the Jury shall then be charged to inquire concerning such previous conviction or convictions, and in such case it shall not be necessary to swear the Jury again, but the oath already taken by them shall for all purposes be deemed to extend to such last-mentioned inquiry: Provided, that if upon the trial of any person for any such subsequent offence, such person shall give evidence of his good character, it shall be lawful for the prosecutor, in answer thereto, to give evidence of the conviction of such person for the previous offence or offences, before such verdict of guilty shall be returned, and the Jury shall inquire concerning such previous conviction or convictions, at the same time that they inquire concerning such subsequent offence. 36. [See General Clause (e), ante, p. 169.] 39. Every offence hereby made punishable on summary conviction, may be prosecuted in the manner directed by “The Justices of the Peace Act, 1866," or in such other manner as The Justices may be directed by any Act that may be passed for like purposes, Act, 1866." and all provisions contained in the said Act, or in any such Act, shall be applicable to such prosecutions in the same manner as if they were incorporated in this Act. (1) (1) The proceedings in summary proceedings, under this Act are not, as in some of the other Acts, in any way different from the ordinary proceedings in the general Act of 1866. 40. This Act shall commence and take effect on the first day Commenceof November, one thousand eight hundred and sixty-seven. ment of Act. 41. The Short Title of this Act shall be "The Coinage Short Title. Offences Act, 1867.” THE ACCESSORIES ACT, 1867. An Act to consolidate and amend the Statute Law relating to Acces- Title. sories to, and Abettors of, Indictable Offences. [10th October, 1867.] AS TO ACCESSORIES BEFORE THE FACT. 1. Whosoever shall become an accessory before the fact to Trial and any felony-whether the same be a felony at common law or by punishment as principals. virtue of any Act passed or to be passed; 24 and 25 Vict. may be indicted, tried, convicted, and punished in all respects c. 94, s. 1. as if he were a principal felon. (11 & 12 Vict. c. 46, s. 1.) Indictable as such or as sub stantive felons. 2. Whosoever shall counsel, procure, or command any other person to commit any felony-whether the same be a felony at common law or by virtue of any Act passed, or to be passed, Ib. s. 2. shall be guilty of felony; and may be indicted and convicted, either as an accessory before the fact to the principal felony, together with the principal felon; or after the conviction of the principal felon ; (7 Geo. IV. c. 64, s. 9.) or may be indicted and convicted of a substantive felonywhether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice ;-and may thereupon be punished in the same manner as any accessory Punishment. before the fact to the same felony, if convicted as an accessory may be punished. (1) AS TO ACCESSORIES AFTER THE FACT. 3. Whosoever shall become an accessory after the fact to any Indictable as felony-whether the same be a felony at common law or by such or as subvirtue of any Act passed or to be passed ; may be indicted and convicted either as an accessory after the fact to the principal felony, together with the principal felon or after the conviction of the principal felon ; () This section applies only when a felony has been committed. It is still a misdemeanour at common law, to solicit and incite a person to commit a felony, although no felony may be committed. (Reg. v. Gregory, 36 L. J., M. C., 60). ; stantive felons. Ib. s. 3. (11 & 12 Vict. c. 46, s. 2.) which shall have jurisdiction to try the principal felony, or any felonies committed in any district, jurisdiction, or place, in which the act, by reason whereof such person shall have become such accessory, shall have been committed; and in every other case, the offence of any person who shall be an accessory, either before or after the fact, to any felony, may be dealt with, inquired of, tried, determined, and punished by any Court which shall have jurisdiction to try the principal felony, or any felonies committed in any district, jurisdiction, or place, in which such person shall be apprehended, or be in custody-whether the principal felony shall have been committed on the sea, or on the land, or begun on the sea and completed on the land, or begun on the land and completed on the sea, and whether within the Colony or without, or partly within the Colony, and partly without : Provided, that no person who shall be once duly tried, either as an accessory, before or after the fact, or for a substantive felony, under the provisions hereinbefore contained, shall be liable to be afterwards prosecuted for the same offence. AS TO ABETTORS IN MISDEMEANOURS. ours. 8. Whosoever shall aid, abet, counsel, or procure the com- Abettors in mission of any misdemeanour,-whether the same be a misde- misdemeanmeanour at common law, or by virtue of any Act, passed or to 24 and 25 Vict. be passed, shall be liable to be tried, indicted, and punished as c. 94, s. 8. a principal offender. (7 and 8 Geo. İV.c.30, s.26.) 9. The Short Title of this Act shall be "The Accessories Act, Short Title. 1867." 10. This Act shall commence and take effect on the first day Commenceof November, one thousand eight hundred and sixty-seven. ment of Act. THE INDICTABLE OFFENCES ACTS REPEAL ACT. (31 VICT., No. 8.) An Act to repeal certain Enactments which have been consolidated Title. in several Acts of the present Session relating to Indictable Offences and other matters. [10th October, 1867.] 1. The Short Title of this Act shall be "The Indictable Short Title. Offences Acts Repeal Act, 1867." 2. The several Acts and parts of Acts of the Imperial Parlia- Repeal of ment in Schedule A. hereto annexed, shall, from and after the last day of October, one thousand eight hundred and sixty-seven, Imperial Acts and parts of Acts passed iod of ention exceed ee mon mmenc nt of dinanc 6. Any number of secessaries, at diferent times, to any felony-and any number of receivers, at diferent fines, of property stalen at one time-may be charged with substantive without felonies in the same indictment, and may be tried together; notwithstanding the principal felon shall not be included in (Partly from the same indictment, or shall not be in custody, or amenable and 15 Fit justice 7. Where any felony shall have been wholly committed within the Colony, the offence of any person, who shall be an accessry either before or after the fact, to any such felony, may be d 669 and with, inquired of, tried, determined, and punished by any Court |