24 Vic., No. 19. An Act for bringing into operation within the Colony certain Acts of the Imperial Parliament. (a) [October 27, 1860.] WHEREAS certain Acts of the Imperial Parliament specified in the schedule hereunto annexed have been passed for the amendment of the law, and it is expedient that the same be adopted and brought into operation within the Colony: Be it therefore enacted by the General Assembly of New Zealand, in Parliament assembled, and by authority of the same, as follows : I. The Short Title of this Act shall be the "English Acts Act, 1860." II. The several Acts of the Imperial Parliament specified in the schedule hereunto annexed, shall be taken to extend to this Colony, and shall be applied therein in the administration of justice in like manner as Acts of Parliament passed before the establishment of the Colony are applied. III. The Statute 15 Vic., c. 24, shall be deemed and taken to have been in force on and after the 31st day of December, in the year 1854. SCHEDULE. 15 Vic., c. 24.--An Act for the amendment of an Act passed in the first year of the Reign of Her Majesty Queen Victoria, intituled An Act for the Amendment of the Laws with respect to Wills. 21 & 22 Vic., c. 47. - An Act to amend the law of False Pretences. 22 Vic., c. 33. - An Act to enable Coroners in England to admit to bail persons charged with manslaughter. ADULTERATION OF FOOD. 30 Vic., No. 55. - An Act to prevent the adulteration [Oct. 8, 1866.] of articles of food or drink. (b) WHEREAS it is expedient to repress by more effectual means than those which are now in force for that purpose the practice of adulterating articles of food or drink for sale for human consumption in fraud of Her Majesty's subjects and to prevent the selling of or exhibiting for sale adulterated or unwholesome provisions food or drink of any kind. Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows that is to say I. The Short Title of this Act shall be "The Adulteration of Food Act 1866." II. The Governor may from time to time as occasion may require (a) CONTENTS: - Preamble. 1. Short Title. 2. Certain Acts adopted. 3. 15 Vic., c. 24, in force from 31st December, 1854. Schedule. (6.) CONTENTS. --Preamble. 1. Short Title. 2. Governor may appoint Colonial analyst. 3. Superintendents may appoint and remove local analyst. 4. Penalties on persons selling or exhibiting or offering for sale adulterated or unwholesome articles of food or drink. Seizure of article. 5. Justices may publish the names, &c., of offenders. 6. Articles to be forwarded to analyst through Resident Magistrate. 7. Purchaser on payment to analyst may obtain anlysis. 8. Purchaser to prove that vendor had notice of intention to analyse. 9. Interpretation. 10. Appeal. 11. Other proceedings not affected. 12. Commencement of Act. 13. Appointments and removals of local analysts subject to Governor's approval. appoint a person possessing competent knowledge to be the Colonial analyst under this Act and may pay to him such money as salary as may be appropriated for such purpose and shall from time to time give notice in the New Zealand "Gazette" whenever any such appointment shall be made and of the residence or place of abode of the person appointed and such analyst shall hold office during the Governor's pleasure. III. It shall be lawful for the Superintendent of any Province from time to time within his Province to appoint and remove such skilled persons as local analysts under this Act as he shall think fit and from time to time give notice in the Provincial Government "Gazette" whenever any such appointment shall be made and of the residence or place of abode of any person appointed. IV. Every person who shall make manufacture sell or exhibit or offer for sale any articles of food or drink which are adulterated or not pure whether such articles of food or drink shall or shall not by reason of such adulteration or such impurity be rendered deleterious to health and every person who shall make manufacture sell or exhibit or offer for sale any article of food or drink enclosed in or bearing any cover capsule wrapper label seal or enclosure or imprint or mark by which such article is made to represent that which it is not shall for every such offence on a summary conviction of the same before two justices of the peace forfeit and pay a penalty not exceeding ten pounds together with such costs attending such conviction as to the said justices shall seem reasonable or be imprisoned for any period not exceeding one month and every person so convicted shall forfeit the article of food or drink in respect of which such conviction shall have taken place And it shall be lawful for the said justices to seize or cause to be seized any article of food or drink as to which any such offences shall have been committed Provided it shall be lawful for any maker or manufacturer of articles of food or drink to mix or compound such articles as are innocuous and wholesome and to sell or offer for sale such mixed or compounded articles properly marked and labelled as such but not otherwise Provided also that the seller of any article of food or drink not being the maker or manufacturer of such article nor his accredited agent shall not be liable to any penalty under this Act if he shall prove to the satisfaction of the said justices that he had no grounds for believing that such article was adulterated or impure and if such article had not been previously notified in the New Zealand "Gazette" and Gazette" of the Province in which such seller shall reside to be adulterated or impure. V. If any person so convicted shall afterwards commit the like offence it shall be lawful for the justices before whom the second conviction shall take place to cause such offender's name place of abode offence and the penalty imposed to be published at the expense of such offender in some newspaper published or circulating within the Province in which the offence has been committed and the expenses of such publication shall be recoverable in the same manner as costs are recoverable. VI. When any Colonial analyst is appointed under the second section of this Act it shall be lawful for any purchaser of any article of food or drink to take the same to the office of the resident magistrate of the district in which such article was purchased and on payment of such sum not exceeding five pounds as the resident magistrate shall direct he shall be entitled to have such article sent under the seal of the Resident Magistrate's Court to the Colonial analyst to be analysed by to such officer and to receive from him a certificate of the result of his analysis and such certificate duly signed by such officer or by his authority shall in the absence of any evidence to the contrary be sufficient evidence before the justices or in any Court of justice of the matters therein certified and the sum so paid for such analysis and certificate in case of conviction may be ordered by the justice to be repaid to the complainant by the party convicted. VII. Any purchaser of any article of food or drink in any part of the Colony of New New Zealand shall be entitled on payment the local analyst of a sum not less than ten shillings and sixpence and not more than forty-two shillings to have any such article analyzed by such officer and to receive from him a certificate of the result of his analysis and such certificate duly signed by such officer or by his authority shall in the absence of any evidence to the contrary be sufficient evidence before the justices or in any Court of Justice of the matters therein certified and the sum so paid for such analysis and certificate in case of conviction may be ordered by the justices to be repaid to the complainant by the party convicted, VIII. On the hearing by the justices of any complaint under this Act the purchaser shall prove to the satisfaction of such justices that the seller of the article of food or drink alleged to be adulterated or his servants had such notice of the intention of the purchaser to have such article analyzed and also such opportunity of accompanying the purchaser to the office of the local analyst as the justices shall think reasonable or of knowing that the said article was properly packed and sealed and committed to safe custody for transmission without delay to the Colonial analyst in order to secure such article from being tampered with by the purchaser. IX. In the construction of this Act the words "article of food or drink" shall include not only all alimentary substances whether solids or liquids but also all eatables and drinkables whatsoever and all medical drugs or articles usually taken or sold as medicines and all beendiments and articles of confectionery and the words "adulteration" and "impurity" shall include whatever is added to or mixed with any article of food or drink save and except such mixture or compound as is specially provided for in the fourth section of this Act but these words shall not be construed to apply to accidental or unavoidable impurities and the words "local analyst" shall mean in each case the person appointed under this Act by the Superintendent of the Province in which the adjudicating Justices shall at the time be sitting or in which the article shall have been purchased or in which such analyst usually resides. X. Any person who shall feel himself aggrieved by any conviction or order of any justices under this Act may appeal from any such conviction in manner provided by any Act or Acts in force in the Colony for the regulation of appeals from justices of the peace acting in their summary jurisdiction. XI. Nothing in this Act contained shall be held to affect the power of proceeding by indictment or to take away any other remedy against any offender under this Act. XII. This Act shall commence and take effect on and from the first day of January one thousand eight hundred and sixty-seven. XIII. All appointments and removals of local analysts shall at all times be subject to the approval of the Governor. ! ! i : AFFIRMATION. 30 Vic., No. 65. - An Act to give relief to persons who may refuse or be unwilling from alleged conscientious motives to be sworn in criminal proceedings. (a) [October 8, 1866.] WHEREAS it is expedient to grant relief to persons who may refuse or be unwilling from alleged conscientious motives to be sworn in criminal proceedings Be it therefore enacted by the General Assembly of New Zealand in II. If any person called as a witness in any Court of criminal jurisdiction in New Zealand or required or desiring to make an affidavit or deposition in the course of any criminal proceeding shall refuse or be unwilling from alleged conscientious motives to be sworn it shall be lawful for the Court or Judge or other presiding officer or person qualified to take affidavits or depositions upon being satisfied of the sincerity of such objection to permit such person instead of being sworn to make his or her solemn affirmation or declaration in the words following videlicet "I A. B. do solemnly sincerely and truly affirm and declare that the taking of any oath is according to my religious belief unlawful and I do also solemnly sincerely and truly affirm and declare" &c. which solemn affirmation and declaration shall be of the same force and effect as if such person had taken an oath in the usual form. III. If any person making such solemn affirmation or declaration shall wilfully falsely and corruptly affirm or declare any matter or thing which if the same had been sworn in the usual forms would have amounted to wilful and corrupt perjury every such person so offending shall incur the same penalties as by the laws and statutes of this Colony are or may be enacted or provided against persons convicted of wilful and corrupt perjury. IV. This Act shall come into operation on the first day of November in the year one thousand eight hundred and sixty-six. AGENTS (ADVANCES TO). 24 & 25, Vic., No. 3.-An Act to amend the law BE IT ENACTED by the General Assembly of New Zealand in Parliament (a) CONTENTS :-Preamble. 1 Short title. 2 Persons unwilling from alleged conscientious motives to le sworn in criminal proceedings may make a solemn affirmation in lieu of oath, 3 Offence of false affirmation. 4 Commencement of Act. (b) CONTENTS :-1. Short Title. 2. Interpretation of Act. 3. Bond fide advances to persons entrusted with the possession of goods or documents of title I. The Short Title of this Act shall be the "Advances to Agents Act 1861." II. In construing this Act the word person shall be taken to designate a body corporate or company as well as an individual. III. Any agent who shall hereafter be entrusted with the possession of goods or documents of title to goods shall be deemed and taken to be the owner of such goods and documents so far as to give validity to any contract or agreement by way of pledge lien or security bonâ fide made by any person with such agent so intrusted as aforesaid as well as for any original loan advance or payment made upon the security of such goods or documents as also for any further or continuing advance in respect thereof and such contract or agreement shall be binding upon and good against the owner of such goods and all other persons interested therein notwithstanding the person claiming such pledge or lien may have had notice that the person with whom such contract or agreement is made is only an agent. IV. Where any such contract or agreement for pledge lien or security shall be made in consideration of the delivery or transfer to such agent of any other goods or merchandize or document of title or negotiable security upon which the person so delivering up the same had at the time a valid and available lien and security for or in respect of a previous advance by virtue of some contract or agreement made with such agent such contract and agreement if bona fide on the part of the person with whom the same may be made shall be deemed to be a contract made in consideration of an advance within the true intent and meaning of this Act and shall be as valid and effectual to all intents and purposes and to the same extent as if the consideration for the same had been a bona fide present advance of money Provided always that the lien acquired under such last mentioned contract or agreement upon the goods or documents deposited in exchange shall not exceed the value at the time of the goods and merchandize which or the documents of title to which or the negotiable security which shall be delivered up and exchanged. V. Provided always that this Act and every matter and thing herein contained shall be deemed and construed to give validity to such contracts and agreements only and to protect only such loans advances and exchanges as shall be made bona fide and without notice that the agent making such contracts or agreements as aforesaid has not authority to make the same or is acting malâ fide in respect thereof against the owner of such goods and merchandize and nothing herein contained shall be construed to extend to or protect any lien or pledge for or in respect of any antecedent debt owing from any agent to any person with or to whom such lien or pledge shall be given nor to authorize any agent intrusted as aforesaid in deviating from any express a though known to be agents protected. 4. Bonâ fide deposits in exchange protected but no lien beyond the value of the goods given up. 5. The Act to be construed to protect only transactions bonâ fide without notice that the agent pledging is acting without authority or mala fide against the owner. 6. Meaning of the term "document of title." And when agent intrusted and when in possession what to be deemed "contract or agreement" and "advance." Possession prima facie evidence of intrusting. 7. Agents' civil responsibility not to be diminished. 8. Agents making consignments contrary to instruction of principal guilty of misdemeanor. 9. Right of owner to redeem or to recover balance of proceeds. In case of bankruptcy owner to prove for amount paid to redeem or for value of goods if unredeemed, 10. Not to affect any contract made before the passing of this Act, |