Duties of fires under are to take a new inquisition on the evidence of witnesses, without view of the body. The Supreme Court has power to quash illegal and irregular inquisitions. INQUESTS ON FIRES. § 1169. The duty of Coroners in New Zealand in respect Coroners as to of fires, is not derived from the law of England,-which does Colonial Act. not cast any such duty upon English Coroners,—but is created by a provision of the Colonial Legislature. Object of provisions. Cases of fire into. § 1170. "The Coroners Act, 1858," now repealed and superseded by the Act of 1867, stated (section 7,) the object of the Legislature in this respect to be "with a view to the detection and punishment of incendiarism." § 1171. The 8th section of "The Coroners Act, 1867," to be inquired gives the Coroner power to inquire into the cause and origin Act 1867, s. 8. of any fire, whereby any (1) building, (2) ship, or (3) merchandise, or (4) any stack of corn, pulse, or hay, or (5) any growing crop, shall be destroyed or damaged. Forms No. 187-189. Warrant of when fire § 1172. The Coroner is, by the same section, empowered apprehension to issue a warrant for the apprehension and commitment of any person who shall be found by the Jury, upon any such inquisition, to have wilfully set on fire any building, ship, &c., and to exercise in respect of such inquiry all the powers of a Coroner. wilful. Form No. 190. Proceedings at inquest. Bail. Sec. 13. § 1173. The proceedings at and connected with the inquest in such a case will be, as far as they are applicable, the same as on an inquest on a dead body. It would appear that the inquest ought to be held at some convenient place near the scene of the fire, so that the Jury may have a view thereof. § 1174. The Coroner has the same power to hold to bail a person accused by the finding of the Jury of setting on fire a building, &c., as a person accused of manslaughter, and may take similar recognizances, and transmit them in the Form No. same manner. (See § 1160.) 144a. Sec. 15. § 1175. He is also bound to take, read over, subscribe, Depositionscertify, and transmit the depositions of the witnesses, as in binding over. cases of murder or manslaughter; and has also the same power as in those cases to bind persons over by recognizance to prosecute or give evidence. He should also send a copy Copy of of the evidence to the nearest Resident Magistrate when he thinks it desirable that further investigation should take 145a. place. (See § 1161.) evidence. Form No. § 1176. Moreover, the finding on the inquisition in cases Finding equivalent to of fire is equivalent to the finding of an indictment; and the indictment. same proceedings may be had thereupon. It will therefore Sec. 16. be necessary that the inquisition should describe the offence in terms sufficient to bring it within the legal definition of some indictable offence. Appropriate forms will be found in Forms No. the Formulary. 187-189. affect right of action. § 1177. The Act expressly provides that no proceeding Proceeding to taken under it shall affect the right of any person to sue for or recover compensation, in respect of any damage or injury occasioned by the reckless or negligent use of fire. 364 CHAPTER XII. NEW ZEALAND CONSTABULARY. Introductory. C.F. Ordinance, 1846. CONSTITUTION OF THE FORCE. § 1178. It seems desirable to bring together here, in a digested form, the provisions of the law of New Zealand with respect to the duties, liabilities, and protection of Peace Officers, and to make some general observations respecting their conduct and powers. § 1179. A Police Force, thoroughly efficient for the purposes of preserving the peace, of preventing and detecting crime, and of bringing offenders to justice, and at the same time discharging its duties in a manner the least offensive and obtrusive, is one of the most valuable institutions of a civilized country; and, in order to secure such efficiency, it is desirable that the officers should be thoroughly instructed in their legal responsibilities and privileges, as well as wisely directed and regulated in their demeanour and conduct. § 1180. The Police or Constabulary of New Zealand were originally constituted under the Constabulary Force Ordinance, Sess. VII., No. 2, (1846,) which Ordinance seems to be still in force, except in so far as Provincial Ordinances, not being ultra vires, may have repealed or varied its provisions. The New Munster Constabulary Ordinance, (1849, No. 9,) which will be further alluded to post, "Miscellaneous Duties of Justices," Tit. Nuisances, is to be read, in places where it applies, along with this Ordinance. § 1181. By the Ordinance of 1846, (s. 1,) the Governor Governor to was empowered to cause a sufficient number of fit and able embody armed men to be embodied, to serve as an armed Police Force. Police Force. constables. § 1182. Such persons are to be sworn before a Justice of Oath of the Peace to act as constables in and throughout the Colony, Form of oath. for preserving the peace and preventing robberies and other felonies, and apprehending offenders against the peace. of Commis § 1183. Power is also given to the Governor to appoint Appointment Commissioners, Inspectors, and other officers, for the general sioners, and superintendence and management of the force; and he has officers. also authority to make regulations respecting the training, arms and accoutrements, clothing, &c., of the force, and all matters concerning their discipline and efficiency. (1) Sec. 5. § 1184. The constables so sworn have, throughout the Duties, &c., of Colony, all the duties and responsibilities which constables constables. may by law have, or be liable to; and they must further obey all lawful directions of the Commissioner, Inspector, or other officer, touching the execution of their office. &c., of con them. § 1185. There are further provisions in the Ordinance Punishment, for dismissing constables, or stopping their pay. Penalties stables, and are also inflicted for breaches of regulations, for taking for harbouring bribes and neglecting to execute warrants, for desertion, Secs. 8, 7, 12. and, upon publicans and others, for harbouring constables when they ought to be on duty. (2) Sec. 13. § 1186. Provision is also made by the Ordinance for Rewards. giving constables rewards for extraordinary diligence or exertion, and compensation for injuries received in the performance of their duty, and allowances to those who are disabled by bodily injury, or are worn out by length of service. § 1187. The powers conferred by the Ordinance on the (1) A series of excellent practical regulations were published by the Government in the year 1852. (2) Cumulative provisions are made in "The Resident Magistrates Act, 1867," (secs. 78 and 126,) with respect to neglect of duty in the execution of warrants and otherwise. (See § 956 and § 1046 of the text.) Delegation of Governor may be exercised by Superintendents within their Provinces, by virtue of "The Provincial Constabulary Act, 1865." powers. Provincial That Act, however, reserves power to the Governor to appoint constables under the Ordinance. The Act, moreover, declares that nothing contained Constabulary. therein is to prevent the Superintendent and Provincial Council of any Province from making laws concerning the establishment and maintaining of a Constabulary Force within such Province. Maxims for conduct of constables. § 1188. The following general maxims for the conduct of officers of a Police Force, are extracted from a meritorious practical work, compiled for the instruction and guidance of constables and magistrates in England, (1) and may be usefully referred to, along with any more special instructions which may, from time to time, be issued by proper authority in the Colony : 1. Constables are placed in authority to protect, not to oppress, the public. 2. To do which effectually, they must earnestly and systematically exert themselves to prevent crime. 3. When a crime has been committed, no time should be lost, nor exertions spared, to discover and bring to justice the offenders. 4. Obtain a knowledge of all reputed thieves, and idle and disorderly persons. 5. Watch narrowly all persons having no visible means of subsistence; and repress vagrancy. 6. Be impartial in the discharge of duties, discarding all political and sectarian prejudices, 7. Be cool and intrepid in the discharge of duties in emergencies and unavoidable conflicts. 8. Avoid altercations; and display perfect command of temper under insult and provocation-to which all constables are occasionally liable. 9. Never strike but in self-defence; nor treat a prisoner with more rigour than may be absolutely necessary to prevent escape. 10. Practise the most complete sobriety; one instance of drunkenness will [ought to] render a constable liable to dismissal. 11. Treat with the utmost civility all classes of Her Majesty's subjects; and cheerfully render assistance to all in need of it. 12. Exhibit deference and respect to the Magistracy. 13. Promptly and cheerfully obey all superior officers. (1) Snowden's Police Officers' and Constables' Guide and Magistrates' Assistant, 5th edition, by W. C. Glen, Esq. London, Shaw and Sons, 1862. |