Penalties on other persons

nance.

(2.) Solitary confinement for three months, in periods of one month, at intervals of at least one month each;

(3.) Placing in irons;

(4.) Whipping, not exceeding fifty lashes at one time; (5.) Imprisonment, not exceeding twelve months in addition to the original sentence;

(6.) Such other discipline as may be prescribed in that behalf.

§ 1094. The Prisons Ordinance inflicts penalties not under Ordi- exceeding £20, upon persons bringing or attempting to bring wine, spirits, or fermented liquor into any gaol, to be recovered in a summary way; and further, there is an enactment therein making it felony to do certain things, or use any means, in order to aid and assist prisoners in escaping.

Secs. 15, 16.

Communicating with prisoners under sentence.

But with respect to these matters, Visiting Justices have no special duties differing from those of other Justices, except to report them in their quarterly reports.

§ 1095. By "The Gaolers and Prisoners Act, 1869," s. 3, the following are created offences under the Act:(1.) Holding communication with any prisoner undergoing sentence.

(2.) Delivering or in any manner attempting to deliver or causing to be delivered to such prisoner, or introducing or causing to be introduced into any public gaol, any money, article of clothing, letter, tobacco, or any other article or thing whatsoever not allowed by the rules or regu lations of the gaol in force, for the classification, diet, instruction, treatment, correction, and safe custody of the prisoners therein.

(3.) For any such purposes lurking or loitering about any road or other public works in which prisoners may be employed, or about any gaol in which prisoners may be confined.

(4.) Delivering to any person anything as aforesaid, for the purpose of being conveyed to such prisoner.

(5.) Secreting or leaving about any place any such thing

for the purpose of being found or received by any such prisoner.

For any of which offences any person may be apprehended, without warrant, by any constable or by any person having charge of such prisoners, and detained in custody until he can be brought before any Resident Magistrate, or two or more Justices of the Peace, who shall have power to hear and determine such offence,

And, upon conviction, may inflict upon such offender a Penalty. penalty not exceeding £30, and in default of payment, or in the discretion of the Resident Magistrate or Justices of the Peace, may imprison and keep him to hard labour for a period not exceeding three months.

Any person loitering about any such public gaol, road, Loiterers. or works as aforesaid, who refuses or neglects to depart therefrom, upon being duly warned by any constable, gaoler, warder, or authorized person, so to do, is to be deemed to be lurking or loitering about such place, for the purposes aforesaid.

§ 1096. By the same Act, section 2, any prisoner removed Prisoners in by a gaoler under any order of a Judge of the Supreme Court hospital. from any goal to any hospital or infirmary, in case of illness, shall be deemed to remain in the lawful custody of the gaoler; who, under a like order, shall have power to remove him from such hospital or infirmary to any gaol under his control and management.

§ 1097. There is only one other duty of Visiting Justices Power to to which it is necessary to advert.

remove pri. soners to other

Ord: Sec. 17.

circumstances.

(1.) The Governor is empowered in cases where a gaol gaol on emerwants repairs, or is to be rebuilt, or where disease has broken gency. out in it, or it is overcrowded, or for carrying out the pur- Under what poses of the Prisons Ordinance, to order the removal of debtors and prisoners to some other gaol to be appointed by him; and when the gaol is again fit for their reception, they must be removed back.

(2.) In any of the cases above mentioned, or upon

Terms of
order.
Sec. 19.

Notice thereof.

Misconduct

of prisoners during removal.

Delegation of powers.

emergency, when it is necessary that such a removal should take place before an order can be procured from the Governor, the Visiting Justices may issue an order to the keeper of the gaol to remove such debtors and prisoners to such other gaol or place of confinement within his jurisdiction as shall be specified in such order, subject to the same restrictions as to duration as is required in case of an order by the Governor.

(3.) Such order of the Visiting Justices, together with a report of the causes thereof, is forthwith to be notified to the Governor and to the Sheriff of the district.

§ 1098. The Governor has power under "The Prisoners' Removal Act, 1866," to direct the removal of any prisoner from any gaol or hulk to any other gaol or hulk within the Colony; and when received into a prison by removal, any prisoner may be punished under the rules in force there, for any misconduct which he may have committed in the course of such removal, or within forty-eight hours before the commencement of the same.

§ 1099. The Governor in Council may, from time to time, delegate the power just mentioned to Superintendents of any Province to be exercised within such Province and not elsewhere; and may, from time to time, rescind any such delegation.

335

CHAPTER XI.

THE OFFICE, APPOINTMENT, POWERS, AND DUTIES
OF CORONERS GENERALLY.

Coroner in

§ 1100. The office of Coroner in England is one of great The office of antiquity. The Judges of the Court of Queen's Bench are England. ex officio Coroners; the Chief Justice being the Chief Coroner of England, and the Puisné Judges "Sovereign Coroners." There are also Coroners by special charter, by commission, and by prescription; but the ordinary Coroners of counties in England, are persons possessing certain qualifications, who are elected to the office by the freeholders of each county. They hold their office for life, subject to removal for misconduct, or on appointment to an inconsistent office, such as that of Sheriff: and the office does not expire on the demise of the Sovereign.

Coroners Act,

§ 1101. In New Zealand, the appointment of Coroners, The (N.Z.) their office, duties, and proceedings, are now regulated by 1867. "The Coroners Act, 1867," which consolidated and amended the Acts previously in force in the Colony on the subject: and under that Act the powers and duties of Coroners are not identical with those of English Coroners.

preme Court

§ 1102. As no allusion is made in this Act to the Judges Judges of Suof the Supreme Court; and as each of those Judges by Pr ex officio virtue of "The Supreme Court Act, 1860," (s. 16,) may Coroners. exercise, within his own judicial district, all the jurisdiction and powers which are possessed by any one or more Judges of any of the enumerated English Courts, (of which the Court of Queen's Bench is one,) it would appear that each

Coroners appointed before Act. Sec. 3.

Judge of the Supreme Court is ex officio principal Coroner within his own judicial district. (1)

§ 1103. The Act of 1867, (s. 3,) provides that all Coroners duly appointed before, and acting as Coroners at its commencement, (1 Nov., 1867,) shall be deemed to have been Jurisdiction appointed under the Act, and (although they must have been throughout originally appointed for particular districts) shall have jurisdiction throughout the Colony.

Colony.

Appointment, tenure, and jurisdiction, under Act. Sec. 4.

Oath of office.
Sec. 5.

Form No. 119.

Coroner.

§ 1104. Under this Act Coroners are appointed by the Governor, in the name and on behalf of the Queen. Their appointment is made by warrant under the hand of the Governor they have jurisdiction throughout the Colony: and the tenure of their office is during the Governor's pleasure.

:

§ 1105. Every Coroner appointed under the Act must, before proceeding to discharge the duties of Coroner, take an oath that he will well and faithfully execute the duties of his office and any Justice of the Peace has authority to administer such oath.

:

Deputy § 1106. In order to provide for the performance of the Appointment duties of the office, in case of the illness of a Coroner, or of his unavoidable absence from his usual place of residence, the

and powers.

Sec. 6.

(1) Although it is improbable that a Judge of the Supreme Court should -except under very peculiar circumstances-be called upon to act as a Coroner, it seems important to remark the difference between the powers and duties of such a Coroner and those of a Coroner appointed under the Colonial Act. In the first place, the Coroners appointed under the Act have jurisdic tion throughout the whole Colony, whereas the Supreme Court Judge (though he has jurisdiction along with others throughout the whole Colony) has the powers of the whole Court, or of a single Judge of any Court acting alone, only within his own judicial district. In the second place, it would appear that the Judge's powers, as Coroner in New Zealand, are the same as those of the Coroner-Judges in England; whereas the Coroners appointed or acting in New Zealand under the Act of 1867, are not, like those under the Act of 1858, clothed with all the powers and made subject to all the duties and responsibilities of Coroners in England, but are invested with a special statutory jurisdiction, differing in some respects from that of the English Coroners.