Snowden's Constable's Guide and Magistrate's Assistant,

Edited by Glen;

Russell on Crimes, by Greaves;

Archbold's Criminal Pleading and Practice;
Greaves' Criminal Consolidation Acts.

With respect to the civil jurisdiction of Resident Magistrates and Courts of Petty Sessions, it is of course impossible, in a work like this, even to indicate the various heads of law to which they may have occasion to refer in the exercise of that jurisdiction. It would seem that all Magistrates who are called upon to act in civil matters, ought to have access, not only to all the Statutes of the Colony, but also to a collection of English Statutes (such as Chitty's), and to some approved treatises on Contracts and Wrongs, such as those of Mr. Addison.

CONTENTS OF VOL. I.

CHAPTER I.

THE OFFICE, JURISDICTION, AND DUTIES OF JUSTICES..

CHAPTER II.

COURTS OF PETTY SESSIONS

CHAPTER III.

THE LAW OF EVIDENCE; AND DISCRETIONARY POWERS..

General observations, 13-On whom the burden of proof lies,

14-What must be proved, 15-How the necessary matters must

be proved, 17-Presumptions, 20-Confessions and admissions,

25-Written or printed documentary evidence, 29-Oral testi-

mony of witnesses, 38-On the exercise of discretionary

powers, 63.

CHAPTER IV.

THE CONSERVATION OF THE PEACE

Introduction, 73-Offences specially affecting the public peace,

74-Surety for the peace, 87-Surety for good behaviour, 95.

PAGES

1-4

5-12

13-72

73-95

CHAPTER V.

SUMMARY JURISDICTION OF JUSTICES BY CONVICTIONS, &c. 96-170

Introductory, 96-The Information, 98-The Summons to the

Defendant, or Apprehension in the first instance, 102-Post-

ponement or Adjournment before or during Hearing, 104–

Attendance of Witnesses, 105-The Hearing, 107-Appearance,

Non-appearance, and the effects thereof, 110-The Conviction,

125-Enforcing Conviction, &c., 144-Proceedings by Complaint

and Order, 162–Summary Convictions in cases of Assault and

Larceny under "The Justices of the Peace Act, 1866,” 166.

APPEALS AGAINST, AND QUASHING CONVICTIONS, &c. .... 171-193

Appeals generally, 171-Appeals on points of Law only, by

Case stated, under Part I. of "The Appeals from Justices Act,

1867," 172-General Appeal and Practice, &c., therein, Part

II., 176—Prohibitions, Part III., 183-Quashing Commitment

or Conviction by Habeas Corpus and Certiorari, &c., 188.

INDICTABLE OFFENCES....

CHAPTER VII.

Introductory, 194-Apprehension without Warrant, 196—Pre-

ferring the Charge, Information, &c., 199—Apprehension, Sum-

mons, and Search Warrant, after Information, 209-Search

Warrant, 214-Procuring Attendance of Witnesses, 216-

Adjournment, Remand, and Bail, before or during Examina-

tion, 217-The Examination, 219-The Depositions, 229-Dis-

charge, Committal, and Bail after Examination; Ordering

Prosecution, &c., 241-Bail after Examination, and after Com-

mitment, 249-Ordering Prosecution for Perjury; Restoration

of Property to Prisoner, 254-Binding over Prosecutors and

Witnesses, 255-Costs of Attendance before Justices, 258-

Punishment for Contempt, 259-Proceedings on Indictment

found without Examination before Justices, 259-Under The

Indictable Offences Trials Act, 1866," 261-Cost of Prosecution

and Reward, 261.

194-263

CHAPTER VIII.

THE LIABILITIES AND PROTECTION OF JUSTICES.

Protection generally, 264-Justices compelled to act, 264-

Protection under Colonial Act, 266-Acts done without or in

excess of Jurisdiction, 266-Illustrations as to Jurisdiction,

267-Action for defect in conviction, &c., against the Justices

who made it, 268-Tender of amends, &c., 269-What Plaintiff

must prove, 270-Costs, 271.

CHAPTER IX.

RESIDENT MAGISTRATES' COURTS

The office of Resident Magistrate, and the Constitution of

Resident Magistrates' Courts, 272-Civil Jurisdiction, 277-

Procedure and Practice of Courts, 279-Recovery of Possession

of Tenements, 301-Removal of Causes into Supreme Court,

309-Rehearing and Appeals, 310-Jurisdiction as to Natives,

313—Protection of Persons acting in pursuance of the Act, 318

-Miscellaneous Provisions, 320-Writ of Arrest, 324.

264-271

272-327

CHAPTER X.

THE DUTIES OF VISITING JUSTICES...

Nature of Duties, 328-Their Appointment, 328-Visiting, and

Reports, 328-Prison Rules, 329; Offences against, 330——

Punishment under Secondary Punishments Act, 331-Com-

municating with Prisoners under Sentence, 332-Removal of

Prisoners, 333.

PAGES

328-331

CHAPTER XI.

CORONERS-OFFICE, APPOINTMENT, POWERS, AND DUTIES.. 335-363

Office and Duties, generally, 335-Inquests on Dead Bodies,

generally, 340-Preliminary Proceedings, summoning Jury, 313

-Proceedings at the Coroner's Court, 345-The Inquisition,

353—Proceedings after Verdict, 359—Inquests on Fires, 362.

CHAPTER XII.

THE NEW ZEALAND CONSTABULARY

Constitution of the Force, 364-Duties of Constables, 367-

Protection of Constables, 373-Armed Constabulary, 375—

Special Constables, 376.

CHAPTER XIII.

MISCELLANEOUS DUTIES OF JUSTICES

Apprentices, 377-Arms, 383-Bastards, 389--Building and

Land Societies, 393-Cattle Trespass, 394-Children, Neglected

and Criminal, 391-Constables and Armed Constabulary, 403—

Contagious Diseases, 403-Convicts' Introduction Prevention,

413-Crown Debts, 419-Customs, 420-Dangerous Goods,

421-Declarations, Oaths, &c., 426-Deserters, 429-Destitute

Persons, 429-Distillation, 433-Disturbed Districts, 438-

Fencing, 438-Foreign Offenders, 438-Friendly Societies, 442

-Game and Animals' Protection, 446-Gunpowder, 449-

Impounding Cattle, 451-Jury Lists, 452-Landlord and Tenant,

458-Licensing, 465-Lunatics, 467-Marine Stores, 475-

Married Women's Property Protection, 481-Masters and

Servants, 484-Merchant Shipping, 484-Militia, 492-Mutiny

Acts, 493-Naval and Victualling Stores, 494-Newspapers and

Printers' Registration, 495-Nuisances, 497-Pawnbrokers, 500

-Police, 506-Recognizances, 506-Restitution, 508-Riots,

508-Search Warrants, 508—Sheep, Diseased, 509—Ships and

Seamen, 509-Spirits, 521-Trade Marks, 523-Vagrancy, 526

--Weights and Measures, 533—Wrecks, Enquiry into, 531.

361-376

377-510

ADDENDA AND ERRATA.

Page 11. To the note at the bottom, add, " mentioned in the body, but omitted in the Schedule of the Act."

Page 48. At the end of § 141, add, "This provision was declared to be applicable to criminal cases by 'The Law Amendment Act, 1868.''

Page 82. § 233, line 2, for "c. 21," read "c. 41."

Page 97. § 282, in margin, for "Legislature," read "Legislation."

Page 124. § 378, add note, "See note to § 1040, p. 319."

Page 142. § 433, margin, for “Justices of the Peace Act Amendment Act, 1869, s. 38," read s. 6."

Page 153. § 474, line 4, the words "in any other manner," should follow the word

66

obey," in the next line.

Page 161. § 496, line 5, before "term," insert "original."

Page 165. § 511, lines 6 and 7, for "indorsable," read "indivisible.”

Page 228. § 731, margin, for "No. 3," read "No. 5."

Page 247. Note, in first line, for "can," read "should ;" and add at the end of the sentence, "and if more be charged, the prosecutor may be put to his election."

Page 384. Line 3, for "1861," read "1866."

Page 385. § 1247, margin, read "s. 34." § 1248, margin, read “s. 34."