District Courts Criminal Jurisdiction Extension Act 1870
District Courts Criminal Jurisdiction Extension Act 1870
District Courts Criminal Jurisdiction Extension Act 1870
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District Courts Criminal Jurisdiction Extension Act 1870
Public Act |
1870 No 12 |
|
Date of assent |
25 July 1870 |
|
Contents
An Act for extending the Criminal Jurisdiction of District Courts.
Preamble.
WHEREAS it is expedient that the Criminal Jurisdiction of District Courts be extended:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act shall be “The District Courts Criminal Jurisdiction Extension Act, 1870;”
and it shall come into operation on the first day of October, one thousand eight hundred and seventy.
2 See. 29 of “District Courts Act, 1858,”
repealed.
The twenty-ninth section of “The District Courts Act, 1858,”
is hereby repealed.
3 Section 11 of “District Courts Act Amendment Act, 1865,”
repealed.
Proviso.
The eleventh section of “The District Courts Act Amendment Act, 1865,”
is hereby repealed: Provided that such repeal shall not apply to or affect persons appointed as Judges of District Courts prior to the passing of this Act.
4 Extension of criminal jurisdiction.
The Governor may by Proclamation from time to time declare that any District Court shall have cognizance of all felonies and indictable misdemeanours committed before or after the passing of this Act within the district over which its jurisdiction extends, except treason murder or other capital felony, or any felony which when committed by a person not previously convicted of felony is punishable by penal servitude for more than seven years; except also any of the following offences, that is to say—
(1.)
Misprision of treason.
(2.)
Offences against the Queen’s title prerogative person or government.
(3.)
Offences subject to the penalties of Præmunire.
(4.)
Blasphemy and offences against religion.
(5.)
Administering or taking unlawful oaths.
(6.)
Composing printing or publishing blasphemous seditious or defamatory libels.
(7.)
Unlawful combinations and conspiracies, except combinations or conspiracies to commit any offence whereof such District Court hath cognizance when committed by one person.
5 Offenders may be tried in the district where they are in custody.
Every such felony and misdemeanour except as aforesaid may be dealt with inquired of tried determined and punished in any district constituted under “The District Courts Act, 1858,”
where the offender shall be apprehended or be in custody, in the same manner in all respects as if the offence had been actually committed in that district.
6 Provisions of former Acts to apply to cases tried under this Act.
All the provisions of “The District Courts Act, 1858,”
and of the several Acts for the time being in force with respect to each District Court, so far as the same remain unrepealed and are applicable and not inconsistent herewith, shall apply to the several District Courts in the same manner as if the provisions of this Act had been incorporated in “The District Courts Act, 1858.”
7 Deputy to have all powers &c. of Judge.
Whenever the office of any Judge of any District Court shall become vacant, by suspension from office or otherwise, the Deputy Judge shall act as such from the day of and during such suspension, and shall, during the time he shall so act, have all the powers and privileges, and perform all the duties, of the Judge for whom he shall have been appointed deputy.
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Versions
District Courts Criminal Jurisdiction Extension Act 1870
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