NOTES ON THE LARCENY ACT, 1867, AND THE MALICIOUS INJURIES TO It seems desirable to indicate in this place, certain particulars in which the procedure respecting offences punishable on summary conviction, under "The Larceny Act, 1867," and "The Malicious Injuries to Property Act, 1867," differs from the ordinary procedure under "The Justices of the Peace Act, 1866." J.P. Act, 1866, 1. It is provided by sec. 108 of the Larceny Act, and by to be followed, sec. 74 of the Malicious Injuries Act, that every offence thereby except otherwise provided. made punishable on summary conviction, is to be prosecuted in the manner directed by "The Justices of the Peace Act, 1866,” so far as no provision is contained in those Acts themselves, for anything to be done in the course of the prosecution. Apprehension without war rant. Persons committing offences. Apprehending sons offering property. 2. It is to be remarked, first, as regards apprehension without a warrant, that by the Larceny Act, s. 102, any person, (and not merely a constable or the party injured,) may apprehend any one found committing an offence punishable on summary conviction under that Act, without a warrant ; and by s. 61 of the Malicious Injuries Act, any peace officer, or the owner of the property or his servant, or any person authorized by him, may apprehend any person found committing an offence against that Act, without a warrant. (See ante, § 306.) 3. Moreover, by the above-named section of the Larceny Act, suspected per where any person has reasonablé cause to suspect that an offence punishable on summary conviction under the Act has been committed on, or with respect to, any property which any other person offers to sell or deliver to him, he may apprehend such last-mentioned person without warrant. Taking before Hearing a judgment without information or summons. 4. The person so apprehended as in any of the cases above noted, is to be taken before a neighbouring Justice of the Peace forthwith, (that is to say, as soon as reasonably may be,) to be dealt with according to law. 5. In such cases, there seems to be no necessity for a previous information, or summons or warrant; but the Justice, when the person charged is brought up before him, may either proceed to hear the case, (if he have power to act alone,) or may postpone it, to give the party time to prepare his defence. 6. If the party charged does not appear according to the Proceeding postponement, and it is intended to proceed in his absence, an ex parte. information on oath should be laid, and a summons issued, as must be the case when the party has not been apprehended. on oath. 7. By the 101th section of the Larceny Act, and sec. 62 Information of the Malicious Injuries to Property Act, when any person is charged on the oath of a credible witness, before any Justice, with an offence punishable on summary conviction under the Act, the Justice may summon the party charged to appear at a time and place to be named in the summons; and if he does not appear accordingly, then (upon proof of the service of the Summons. summons upon such person, by delivering the same to him personally, or by leaving the same at his usual place of abode(1),) the Justice may proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person, and bringing Warrants. him before himself or some other Justice of the Peace; or the Justice before whom the charge is made may, if he so think fit, without any previous summons, (unless where otherwise specially directed,) issue such warrant; and the Justice before whom the person charged shall appear or be brought, shall proceed to hear and determine the case. 8. Though the information must be on oath, even when a Information warrant of apprehension is not to be issued in the first instance, in writing. (which is not the case under the general "Justice of the Peace Act, 1866,")—it would appear that it need not be in writing -(which is necessary under the general Act);-but it seems desirable that in all cases the information should be made in writing. 9. The other proceedings up to, and at and after the hearing, Other prowill be the same as under "The Justices of the Peace Act, 1866;" ceedings same. and all the forms may be similar to those provided by that Act, Forms. with the addition of the allegation that the information was taken Information "on the oath of a credible witness," whenever it is mentioned. on oath. 10. As to the penalties, it is provided by the 105th section of Application of the Larceny Act, and the 64th section of the Malicious Injuries penalties. Act, that when any sum of money is forfeited for the value of any property stolen or taken, or for any injury done, (to be assessed by the Justices,) it is to be paid to the party aggrieved, except where he is unknown. In that case, it is to be applied as penalties imposed by the Act, whether in addition to such value () There is no provision here that the summons be left with a person apparently above the age of fourteen, as required by sec. 112 of the general Act. Default of penalty. or otherwise, and that is, in the ordinary way in cases where the Act imposing them contains no direction on the subject,-(i.e., they are to be paid to the Colonial Treasurer, &c. ; see § 428, ante). When several persons are adjudged to pay the value of property taken or injured, the party aggrieved is to receive only the single value, and the surplus is to be applied in the same manner as the penalties. 11. In case of non-payment of the sum forfeited for the value payment of of property or amount of injury, or the penalty, according to the adjudication, the Justice (unless when otherwise directed) may commit the party to prison, with or without hard labour, for a term not exceeding two months, when the sum adjudged for value or penalty, or both, with costs, does not exceed five pounds; and for a term not exceeding four months, when it does not exceed ten pounds; and for a term not exceeding six months in any other case,-determinable on the payment of the amount and costs. (Larceny Act, s. 106; Malicious Injuries Act, s. 65.) 12. On a first summary conviction under these Acts, the discharge on Justice, if he thinks fit, may discharge the offender on his making satisfaction to the party aggrieved for damages or costs, or either of them. (Larceny Act, s. 107; Malicious Injuries Act, s. 66.) Justice may first convic tion. Release from further proceedings. 13. Any person who has paid the prescribed amount under a conviction, or suffered the imprisonment awarded for nonpayment, or has had a remission granted, or been discharged by the Justices under either of the Acts, is to be released from all further proceedings for the same cause. (Larceny Act, s. 108; Malicious Injuries Act, s. 67.) 14. Convictions under these Acts are to be returned by the convicting Justice to the nearest office of the Supreme Court. (Larceny Act, s. 110; Malicious Injuries Act, s. 69.) See also the General Clauses occurring in these, and other of the Criminal Consolidation Acts of 1867, Appendix, p. 168, &c. PART IV. INDEX TO THE STATUTE LAW OF NEW ZEALAND. COMPRISING : IMPERIAL STATUTES IN FORCE WITHIN THE COLONY, OR ADOPTED THEREIN ; THE UNREPEALED ORDINANCES OF THE GOVERNOR AND LEGIS- ACTS OF THE GENERAL ASSEMBLY OF NEW ZEALAND, OF GENERAL APPLICABILITY; ARRANGED ALPHABETICALLY MATTER. ACCORDING ΤΟ THEIR SUBJECT Money Acts, and Acts strictly local, are not inserted. NOTE.--The Imperial Statutes are cited by the year of the Reign in which they passed, and the Chapter; New Zealand Ordinances of Council, by the Session of the Council, and Number; and Acts of the Assembly, by the Year of our Lord, and the Number. Where, after the citation of an Imperial Statute, there follows (immediately) another quotation within parentheses, the latter quotation refers to the particular Act of Assembly of the Colony adopting the Statute. Regulations framed in conformity with any Act, having, when published in the Gazette, the force of law, are included in this list. The particular Ordinances the subjects of which are printed in Italics, have mostly been repealed or superseded by Provincial 301 enactments; and it will be necessary, in every such case, to discover whether the general Ordinance has been repealed in a particular Province. The Synoptical Index which follows the Index to the Colonial Acts, will be found useful for this purpose. A. ABDUCTION OF WOMEN, 1867, No. 5, ss. 50-52. Abortion, 1867, No. 5, ss. 55, 56. Absconding Debtors, Ord. 1851, Sess. XI., No. 1. Absent Debtors, 1860, No. 2. Absent Defendants, 1860, No. 3. Accessories, 1867, No. 7. Accidents, Compensation, 9 and 10 Vict. c. 93 (1854, No. 1). Acclimatization Societies, 1867, No. 35, ss. 3-6. Acts of Assembly, Interpretation, 1868, No. 81. Acts, Provincial, 1856, No. 35. Acts, Provincial, Validation, 1867, No. 79; 1868, No. 57; 1869, No. 47. Administration of Deceased Persons' Estates, 17 and 18 Vict. c. 113 (1855, No. 3). See Intestate Estates. Admiralty, 26 and 27 Vict. cc. 24, 76. Admiralty Offences, Trials abroad, 12 and 13 Vict. c. 96. Affirmation by Jurors, 1868, No. 50, s. 4. Affirmations in lieu of Oaths, 1856, No. 3. Affirmations in Criminal Cases, 1866, No. 65. Agents, Advances to, 1861, No. 3. Agents, Frauds by, 1867, No. 3, ss. 74-86, and 99. Agents, Remuneration of, 1866, No. 2. Agricultural Tenants' Fixtures, 14 and 15 Vict. c. 25 (1854, No. 1). Aliens, Naturalization of, 10 and 11 Vict. c. 83 (1866, No. 17). Allegiance, Declaration by Jews, 21 and 22 Vict. c. 48. Allegiance, Declaration by Quakers, 22 Vict. c. 10. Animals, Injuries to, 1867, No. 6, ss. 40, 41. Animals, Injuries by Dogs, 1865, No. 21. Animals, Protection of, 1867, No. 35; 1868, No. 69. Appeals from Justices, 1867, No. 12. |