name of each witness so sworn and examined touching such bill of indictment. Provided that upon the written order of the presiding judge but not otherwise any other witness may be sworn and examined by and before the grand jury though the name of the witness may not have been indorsed on the bill of indictment.

XI. From and after the passing of this Act it shall not be necessary for any person to take an oath in open Court to qualify such person to give evidence before any grand jury.

XII. The word "counsel" in this Act shall be construed to apply not only to barristers-at-law but also to attorneys and solicitors in all cases where attorneys and solicitors are allowed by law or by the practice of any Court to appear as advocates And the word "foreman" in this Act shall include any member of such grand jury who may for the time being act on behalf of such foreman in the examination of witnesses in support of any bill of indictment And the word “oath” in this Act shall include affirmation when by law such affirmation is required or allowed to be taken in lieu of an oath.

30 Vic., No. 19.-An Act to amend the law relating to the unlawful administration of poison and to other offences against the person. (a)

[8th October, 1866.] BE IT ENACTED by the General Assembly of New Zealand and by and with the authority of the same as follows

I. The short title of this Act shall be "The Offences against the Person Act 1866."

II. Whoever shall unlawfully and maliciously administer or cause or procure to be administered to or taken by any other person any poison or other destructive or noxious thing so as thereby to endanger the life of such person or so as thereby to inflict upon such person any grievous bodily harm shall be guilty of felony and being convicted thereof shall be liable to be sentenced to penal servitude for any period not exceeding ten years and not less than three years or to imprisonment for any term not more than three years with or without hard labour at the discretion of the Court.

III. Whoever shall unlawfully and maliciously administer to or cause or procure to be administered to or taken by any other person any poison or other destructive or noxious thing with intent to injure aggrieve or annoy such person shall be guilty of a misdemeanour and being convicted thereof shall be liable to be sentenced to imprisonment for any period not exceeding three years with or without hard labour at the discretion of the Court and the costs and expenses of the prosecution of any such misdemeanour may be allowed by the Court as in cases of felony.

IV. If upon the trial of any person charged with the felony above mentioned the jury shall not be satisfied that such person is guilty thereof but shall be satisfied that he is guilty of the misdemeanour

(a) CONTENTS:-1. Short title. 2. Administering poison &c. with intent to endanger life or inflict grievous bodily harm to be felony. 3. Persons administering poison &c. with intent to injure any other person to be guilty of a misdemeanour. 4. Persons charged with the felony specified in section 2 may be found guilty of the misdemeanour. 5. Attempt to commit murder. 6. Administering drugs or using instruments to procure abortion. 7. Procuring drugs &c. to cause abortion.

above mentioned then and in every such case the jury may acquit the accused of such felony and find him guilty of such misdemeanour and thereupon the delinquent shall be liable to be punished in the same manner as if convicted upon an indictment for the misdemeanour.

V. Whosoever shall by any means other than those specified in any of the provisions contained in any Act now in force in this Colony attempt to commit murder shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be kept in penal servitude for life or for any term not less than three years or to be imprisoned for any term not exceeding two years with or without hard labour and with or without solitary confinement.

VI. Every woman being with child who with intent to procure her own miscarriage shall unlawfully administer to herself any poison or other noxious thing or shall unlawfully use any instrument or other means whatsoever with like intent and whosoever with intent to procure the miscarriage of any woman whether she be or be not with child shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing or shall unlawfully use any instrument or other means whatsoever with the like intent shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be kept in penal servitude for life or for any term not less than three years or to be imprisoned for any term not exceeding two years with or without hard labour and with or without solitary confinement.

VII. Whosoever shall unlawfully supply or procure any poison or other noxious thing or any instrument or thing whatsoever knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman whether she be or be not with child shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be kept in penal servitude for the term of three years or to be imprisoned for any term not exceeding two years with or without hard labour.

30 Vic., No. 21.-An Act to prevent persons from extorting money as a consideration for abstaining to bid for the purchase of Crown land at public sales by auction thereof. (a) [8th October, 1866.] WHEREAS unprincipled persons have at various times made use of sales by auction of Crown lands as a means of extorting money from bona fide intending bidders thereat and it is expedient to prevent such practice for the future and to provide a remedy for such as have been or may be injured thereby—

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled by and with the authority of the same as follows

I. The short title of this Act shall be "The Crown Lands Sales Extortion Prevention Act 1866."

(a) CONTENTS: Preamble. 1. Short title. 2. Endeavour or proposal to accept money as a consideration for abstaining to bid a misdemeanour. 3. Actual receipt of money as such consideration a misdemeanour. 4. Extorted money recoverable. 5. Declaration may be required from bidders at auction sale. 6. Waste Land Board may notify such requirement. 7. False declaration a misdemeanour. 8. Procuring fictitious applications a misdemeanour. Schedule.

II. Every person who shall directly or indirectly offer or propose to accept or receive money or other valuable consideration as an inducement to abstain from bidding or competing as a purchaser or intending purchaser of land belonging to the Crown advertised for sale by public auction and whether or not the same land shall actually be put up for sale or otherwise shall be deemed to be guilty of a misdemeanour and be liable on conviction thereof to be imprisoned for any period not exceeding twelve calendar months and with or without hard labour or to be fined any sum not exceeding two hundred pounds sterling.

III. Every person who shall actually receive money or other valuable consideration for abstaining to bid for or compete for the purchase of any Crown lands which shall have been advertised for sale by public auction and whether or not the same land shall be put for sale by public auction shall be deemed to have been guilty of a misdemeanour and shall on conviction thereof be liable to be imprisoned with or without hard labour for any period not exceeding two years or fined any sum not exceeding five hundred pounds.

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IV. Every person from whom money or other valuable consideration shall have been extorted by the means aforesaid may recover the amount or value of the consideration so extorted in an action for money had and received.

V. It shall be lawful for the Commissioner of Crown Lands in any Province of the Colony or any other person conducting any sale by public auction of waste lands of the Crown or any person attending any such sale to require that a declaration in the form of the schedule to this Act appended shall be made and signed by any person desiring to bid or bidding at such sale and no bid from any such person shall be received until he shall have made and signed such declaration.

VI. It shall be lawful for the Waste Land Board of any Province by notice published in the Government "Gazette" of such Province prior to any sale by auction of any portion of the waste lands of the Province to require that every person shall before being allowed to bid at such sale make and sign a declaration in the form aforesaid and such declaration shall be made accordingly.

VII. Every person who shall knowingly and wilfully make any false declaration under this Act shall be deemed guilty of a misdemeanour. VIII. Any Commissioner of Crown Lands or other person connected with the administration of any of the waste lands of the Colony who shall cause or attempt to cause or knowingly permit any person to apply for the purchase of any portion of the waste lands of the Crown such applicant not being a bona fide intending purchaser or who shall knowingly countenance or permit any collusion or arrangement between intending purchasers of land having for its object to preclude or supersede the necessity of bona fide competition at any such auction sale as aforesaid shall on conviction thereof be liable to a penalty not exceeding fifty pounds and shall for ever thereafter be rendered incapable of holding any office or employment under the Crown.

SCHEDULE.

FORM OF DECLARATION.

1 A. B. of do solemnly and sincerely declare that I have not offered or proposed or agreed to accept and receive and that I have not actually received any money or any other valuable consideration as an inducement to abstain or for abstaining from bidding or competing as purchaser of any waste land of the Crown advertised in the Government Gazette" of the Province of

to be

sold on the

Witness C. D.

day of

18.

(Signature) A. B.

CROWN COSTS.

21 & 22 Vic., No. 3.-An Act to provide for the payment of costs in proceedings instituted on

behalf of the Crown. (a) [28th May, 1858.] WHEREAS in divers proceedings instituted by or on behalf of the Crown against the Queen's subjects no costs are recovered by the Crown except in certain cases, and no costs are paid by the Crown to the subject: And whereas it is expedient to assimilate the law as to the recovery of costs in such proceedings by or on behalf of the Crown to that in force as to proceedings between subject and subject:

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same, as follows:I. In all informations, actions, suits and all other legal proceedings to be hereafter instituted, before any Court or tribunal, by or on behalf of the Crown against any corporation, or person or persons in respect of any lands, tenements, or hereditaments, or of any goods or chattels belonging or accruing to the Crown, or in respect of any sum or sums of money due and owing to Her Majesty, Her Majesty's Attorney-General for the Colony shall be entitled to recover costs for and on behalf of Her Majesty, where judgment shall be given for the Crown, in the same manner and under the same rules, regulations, and provisions as are or may be in force touching the payment or receipt of costs in proceedings between subject and subject, and such costs shall be paid into the Treasury for the public uses of the Colony.

II. If in any such information, action, suit, or other proceeding, judgment shall be given against the Crown; the defendant or defendants shall be entitled to recover costs in like manner and subject to the same rules and provisions as though such proceedings had been between subject and subject; and it shall be lawful for the Colonial Treasurer upon the warrant of the Governor, which he is hereby required to issue, to pay such costs out of any moneys which may hereafter voted by the Parliament of the Colony for that purpose. III. The short title of this Act shall be " Crown Costs Act 1858,"

CROWN DEBTS.

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30 Vic., No. 7.-An Act to amend the law for the recovery of Crown debts and of public property. (b) [6th September, 1866.] BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows

I. The short title of this Act shall be "The Crown Debts Act 1866."

(a) CONTENTS:-Preamble. 1. In all Crown suits, &c., where Crown is successful costs to be recovered as between subject and subject. 2. Defendant entitled to costs if successful against the Crown. 3. Short title.

(b) CONTENTS:-1. Short title. 2. Mode of recovering Crown debts. 3. Fines to be recoverable by judgment. 4. Debts due by recognizance to be recovered by judgment. 5. Such judgments may be vacated by Court or judge. 6. Other debts and duties to be recovered by Crown suit. 7. Bail bonds in Crown suits assignable. 8. Proceedings indorsed on writ may be taken. 9. Form of informa◄

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II. The present forms and modes of procedure for the recovery of debts damages duties sums of money land or goods due payable and belonging to Her Majesty shall be and the same are hereby abolished and from and after the passing of this Act all such debts damages duties sums of money land or goods shall be sued for and recovered by the means and in the manner hereinafter mentioned Provided that this Act shall not apply to a suit or other proceeding commenced before the passing of this Act.

III. When any fine shall be imposed upon any person otherwise than by a judgment or conviction of some Court or justice some judge of the Court by which or the justice by whom such fine shall be imposed if the same be not immediately paid shall by writing under his hand in the form contained in the first schedule to this Act or to the like effect certify that fact together with the name and place of abode or business of the person on whom such fine shall have been so imposed and the cause and amount of such fine and shall deliver or send by the post such writing to the Attorney-General or to such person as is hereinafter mentioned and upon receipt thereof the Attorney-General or such person as is hereinafter mentioned shall cause a final judgment to be signed in the Supreme Court for the amount of such fine and five pounds for costs and every such judgment may be in the form contained in the second schedule to this Act or to the like effect and no writ of error or appeal shall lie or be had therefrom.

IV. When any person shall have entered into any recognizance to Her Majesty and such recognizance shall be forfeited it shall be lawful for some judge of the Court before which or for the justice before whom the same shall be forfeited to cause such recognizance to be estreated and every such estreat shall be effected as follows (that is to say) such judge or justice shall by writing under his hand in the form contained in the third schedule to this Act or to the like effect certify that such forfeiture has taken place and shall deliver or send by the post the said recognizance and writing to the Attorney-General or such person as is hereinafter mentioned and upon receipt thereof the Attorney-General or such person as is hereinafter mentioned shall cause a final judgment to be signed in the Supreme Court for the amount of such recognizance and five pounds for costs and every such judgment may be in the form contained in the fourth schedule to this Act or to the like effect and no writ of error or appeal shall lie or be had therefrom.

V. When any final judgment shall have been signed under the provisions hereinbefore contained it shall be lawful for the Supreme Court or any judge thereof whether execution shall have been issued upon such judgment or not to order satisfaction to be entered upon such judgment Provided always that no such order shall be so made except upon a rule nisi or summons calling upon the Attorney-General to show cause nor unless it shall be proved by affidavit to the satisfaction of such Court or judge either that the said judgment has been satisfied or that

tion. 10. Proceedings to be the same as in actions. 11. Person may defend is forma pauperis. 12. New trial &c. 13. Suits relating to land or goods. 14. Execution in action for detention of goods or to recover possession of land. 15. Execution in other cases. 16. Persons may be appointed for each judicial district to act for Attorney-General in signing judgments under the third and fourth sections of this Act. 17. Lien on real estate of debtor. 18. Lien on personal estate of debtor. 19. Title of the cause and costs of suit. 20. Judges to make rules of practice. Schedules.