Petty Sessions Act 1858
Petty Sessions Act 1858
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Petty Sessions Act 1858
Petty Sessions Act 1858
Public Act |
1858 No 26 |
|
Date of assent |
3 July 1858 |
|
Contents
An Act to provide for the holding of Petty Sessions of the Peace in the Colony of New Zealand.
Be it enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows:
I Governor to constitute Petty Sessional Districts.
It shall be lawful for the Governor from time to time by notice in the New Zealand Gazette, to constitute Petty Sessional Districts in any part of the Colony, and such Districts to abolish, and the boundaries thereof to define and alter, as he shall think fit.
II Petty Sessions to be held as the Governor shall fix.
Petty Sessions of the Peace shall be held in and for such Districts, at such times and places, as the Governor shall from time to time fix, by notice in the said Gazette.
III Majority of Justices of a District may appoint a Clerk.
It shall be lawful for a majority of the Justices of the Peace, resident within any Petty Sessional District from time to time to appoint, and remove from office, a Clerk of the Petty Sessions to be held therein, and also a person to act as Bailiff and Constable, to attend upon the Court; and such Clerk, and such Bailiff and Constable shall do and perform all acts and duties, and shall have the same powers and privileges, as are properly incident to their respective offices in this Colony, and shall be paid such salary or receive such Fees in lieu thereof, as the Governor shall from time to time appoint in that behalf.
IV Clerk to keep a list of Justices of District, and give notice in rotation of the holding of Petty Sessions.
The Clerk shall keep a list of all the Justices of the Peace who shall reside within the Petty Sessional District for which he is Clerk, and shall from time to time give notice to two of such Justices in rotation, of the time and place at which Petty Sessions of the Peace are required to be held.
V Travelling expenses payable to Justices.
Every Justice of the Peace who shall attend at any Petty Session in pursuance of such notice, shall be entitled to receive after the rate of one shilling and six-pence a mile for every mile that his place of residence shall be distant, by the nearest road from the place at which the Petty Sessions shall be held.
VI Clerk to make quarterly report of Justices attending.
The Clerk of every Petty Sessional District shall keep a list of the Justices to whom a notice for attendance at each Petty Sessions shall have been given, and of the Justices actually attending such Petty Sessions, and shall at the expiration of each quarter forward copies of such lists to the Colonial Secretary.
VII Civil Jurisdiction to be exercised by Justices.
It shall be the duty of the Justices of the Peace holding Petty Sessions under this Act to exercise all Civil Jurisdiction which now is, or shall hereafter be, vested in Justices of the Peace.
VIII Act not to affect right of any Justice to sit at Petty Sessions.
Nothing in this Act contained shall be taken to limit or affect the right of every Justice of the Peace to act as such at any Petty Sessions within the Colony, which may be held at any place over which his Jurisdiction as a Justice extends.
IX Fees, &c., to be paid to Colonial Treasurer for use of Province in which they arise.
All sums of money which shall be received under or by virtue of this Act by way of Fees, Fines or Penalties, shall be paid to the Colonial Treasurer, for the public use of the Province in which the same shall arise.
X Expenditure to be charged against Province in which it is incurred.
All money which shall be expended under any of the provisions of this Act, shall be charged by the Colonial Treasurer in account against the Province within which the same shall be expended, and may be deducted from any sums of money which shall from time to time be payable by the Colonial Treasurer to such Province.
XI When District comprises parts of more Provinces than one, Governor may make equitable apportionment.
Provided always, that if any District to be constituted under the first Section of this Act shall comprise portions of more than one Province, such an equitable apportionment of such sums of money, and such costs and expenses shall be made between such several Provinces as the Governor shall think fit to direct.
XII Short Title.
The Short Title of this Act shall be “The Petty Sessions Act, 1858.”
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Versions
Petty Sessions Act 1858
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