sureties, both, or either, for keeping the peace, and being of good behaviour ;(1) and in case of any felony, punishable under this Act, otherwise than with death, the Court may, if it shall think fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by this Act authorized: () Provided that no person shall be imprisoned for not finding sureties under this clause, for any period exceeding one year.() N.B.-There are also certain provisions for proceedings in cases of summary convictions, different from those of "The Justices of the Peace Act, 1866," which is, in other respects, to apply to such cases. These will be mentioned in detail, post, in an introductory note to the "Alphabetical Digest of Offences punishable on Summary Conviction," and indicated under the head of each particular offence to which they apply. Title Marder. OFFENCES AGAINST THE PERSON ACT, 1867. An Act to consolidate and amend the Statute Law relating to 1. Whosoever shall be convicted of murder.(4) shall suffer 24 and 23 Vict. death as a felon. 2. Upon every conviction for murder, the Court shall pronounce sentence of death; and the same may be carried into execution, and all other proceedings upon such sentence, and in respect thereof, may be bad and taken, in the same manner, in all respects, as sentence of death might have been pronounced, and carried into execution, and all other proceedings thereupon, and in respect thereof, might have been had and taker, before the passing of this Act, upon a C). Alibong), ne verrisson is made iz dokkuk of payment of the fine,—by the common law, non-payment of a fine st lects a party to imprisonment. See further notes of Mr. Graves or LLis diLust, pp. 6 to 17. inclusive. Tue Conaga, s 3; Lacorry, s 114; Forgery, s. 49; Offences against the Person, s. 6. 71,james 22. Primerge & 72 conviction for any other felony for which the prisoner might have been sentenced to suffer death as a felon. (1) 3. All persons who shall conspire, confederate, and agree to Conspiring or murder any person, whether he be a subject of Her Majesty or not, and whether he be within the Queen's dominions or not; soliciting to and whosoever shall solicit, encourage, persuade, or endeavour c. 100, s. 4. (From an Irish to persuade, or shall propose to any person, to murder any other () "The Execution of Criminals Act, 1858," and certain sections of other Acts bearing upon that subject, and the proceedings thereon, are given below :"Execution of Criminals Act, 1858." Sec. 1. From and after this Act coming into operation in any district of New Zealand, sentence of death passed upon any person by the Supreme Court of the Colony, or by any Judge of the said Court, shall be carried into execution within the walls or the enclosed yard of some gaol, or within some other enclosed place. Sec. 2. The Governor shall from time to time, by writing under his hand, appoint such gaols and other places for such executions as he may think proper; and may revoke such appointments, and, if he shall think fit, appoint other places in lieu thereof. Sec. 3. The Sheriff, the Gaoler, any of the officers of the gaol whose attend. ance the Sheriff may require, and a Medical Practitioner, shall be present at every such execution, together with any Justices of the Peace and Ministers of Religion who may desire to attend, and also such military and police guard and other male adult spectators, not exceeding ten, (unless under permission from the Governor,) as the Sheriff may think fit to admit, but no other persons whatsoever. Sec. 4. Every one of the persons aforesaid who may attend or be present at any such execution, shall continue and remain within the walls or enclosed yard of the gaol, or other enclosed place, until the sentence shall have been carried into execution and completed according to law, and until the Medical Practitioner shall have signed a certificate [to that effect]; and the Sheriff, Gaoler, and other officers of the gaol, and also such other of the persons present as may think fit, shall, before their departure from the gaol or place of execution, subscribe a declaration [to the same effect]. Sec. 5. The body of any person on whom the sentence of death shall have been carried into execution as aforesaid, shall not be buried or removed from the gaol or place where such execution is had, within eight hours next after such execution; and every person who shall within that time produce to the gaoler, or other person in charge of the body, an order from a Justice of the Peace requiring such gaoler or other person to admit the bearer of such order to view the body of such person, shall and may be admitted by such gaoler accordingly. Sec. 6. Whenever any execution shall have taken place, it shall be the duty of the Sheriff to give notice thereof forthwith to the Coroner of the district, who shall, as soon as conveniently may be, hold an inquest upon the body of the person upon whom the sentence of death has been executed; and the Jury, which shall not include any of those who witnessed the execution, on such Act.) person, whether he be a subject of Her Majesty or not, and and being convicted thereof, shall be liable, at the discretion inquest shall inquire and £nd whether such sentence was duly carried into Sec. 7. Any person who shall subscribe any certicate or declaration as Sec. 8. Every such certificate and declaration as aforesaid shall be forthwith transmitted by the Sherif to the Registrar or Deputy Registrar of the Supreme Court for the Province within which such execution shall have taken piace, and shall be kept in his office as a record of the said Court, and shall be published in the New Zealand Gazette. Sec. 9. This Art shall come into operation in such part of the Colony of New Zealand, as the Governor shall by Proclamation from time to time appoint to be districts for that purpose. Sec. 10. Provided always, that it shall be lawful for the Governor, with the advice of his Executive Council.-by an order under his hand to be given in any special case in which the circumstances may appear to render it expedient,— to direct that sentence of death, passed upon any person as aforesaid, shall be carried into execution at some particular time and place within the Colony of New Zealand, to be in such order set forth; and in every such case none of the provisions of this Act shall apply or be acted on. Sec. 4. Every debtor and criminal shall be deemed to be in the legal custody of the gaoler as soon as he shall be delivered within the door of any gaol to the gaoler, or some other person employed under him in the custody of prisoners in sach gaol, and the liability of the Sheriff or other person delivering such criminal or debtor shall cease on such delivery as aforesaid. Si preme Court Act, 18827 Sec. 8. Whenever sentence of death shall be pronounced by any Court or Jadge in New Zealand, the offer whose duty it may be to carry out such sentence shall not proceed to execute the same he have received an intimation of the Governor's pleasure with respect to such sentence; and it shall be the duty of such offer, within seven days after receiving a notice that the Governor will not interfere with such sentence, to carry cut the same. * Shedd Amendment Act, 1863." Sec. 2. Whenever sentence of deadh shall be prentunced by any Civil Court or Judge in New Zealand, and the Governor shall have intimated that he will not interière with such sentence, it shall be the duty of the Sheriff of the district in which the execation is to take jusor to escry out the said sentence. Seo, S. Every gaoler or other person in whose custody any criminal con c. 100, s. 5. 4. Whosoever shall be convicted of manslaughter,() shall be Manslaughter. liable, at the discretion of the Court, to be kept in penal servi- 24 and 25 Vict. tude for life, or for any term not less than three years; or to be (9 and 10 Geo. imprisoned for any term not exceeding two years, with or with. IV. c. 31, s. 9.) out hard labour; or to pay such fines as the Court shall award in addition to, or without, any such other discretionary punishment as aforesaid. 5. In any indictment() for murder, or manslaughter, or for Indictment being an accessory to any murder, or manslaughter, it shall not for murder or manslaughter. be necessary to set forth the manner in which, or the means by Ib. s. 6. which, the death of the deceased was caused; but it shall be sufficient, in any indictment for murder, to charge that the defendant did, feloniously, wilfully, and of his malice aforethought, kill and murder the deceased: And it shall be sufficient in any indictment for manslaughter, to charge that the defendant did, feloniously, kill and slay the deceased; and it shall be sufficient in any indictment against any accessory to any murder, or manslaughter, to charge the principal with the murder, or manslaughter, (as the case may be,) in the manner hereinbefore specified; and then to charge the defendant as an accessory, in the manner heretofore used and accustomed. (14 and 15 Vict. c. 100, s. 4.) 6. No punishment or forfeiture shall be incurred by any per- Excusable son who shall kill another by misfortune, or in his own defence, homicide. or in any other manner, without felony. demned to death may be, is hereby authorized and required to deliver such criminal to such Sheriff on his demand, and the liability of such gaoler or other person delivering such criminal shall cease on such delivery; and he shall thenceforth be deemed to be in the legal custody of the Sheriff. Supreme Court Act Amendment Act, 1866." Sec. 2. The words "seven days," shall be substituted for the words "three days" in section eight of "The Supreme Court Act, 1860." Sec. 3. Whenever sentence of death shall be pronounced by any Court or Judge in New Zealand, such Court or Judge shall not, either in or by such sen tence, or at any time, make any order for the disposition or burial of the body of the person on whom the sentence is to be executed; and the body of any person on whom sentence of death shall have been carried into execution shall be either buried within the gaol or place where such execution shall have been had, or in such other place as the Governor may direct, either as to the particular case or generally as to all executions in the gaol where such execution shall have been had. (1) For definition, see "Alphabetical Digest of Indictable Offences," Tit. Homicide. (2) This word includes a Coroner's inquisition. Ib. s. 7. (9 Geo. IV. c. 31, s. 10.) Petit treason. c. 100, s. 8. 7. Every offence which would, if committed in England, before 24 and 25 Vict. the commencement of the Act of the Imperial Parliament of the ninth year of King George the Fourth, chapter thirty-one, have amounted by the law of England to petit treason, (1) shall be deemed to be murder only, and no greater offence; (9 Geo. IV. c. 31, s. 2.) Poisoning or wounding, with intent. Ib. s. 11. (7 Will. IV. and all persons guilty in respect thereof, whether as principals or as accessories, shall be dealt with, indicted, tried and punished, as principals, and accessories, in murder. ATTEMPTS TO MURDER. 8. Whosoever shall administer to, or cause to be administered to or to be taken by, any person, any poison, or other destructive thing; or shall, by any means whatsoever, wound, (2) or cause any 1 Vict. c. 85, grievous bodily harm, to any person; s. 2.) Destroying or damaging a building with gunpowder, with intent. Ib. s. 12. (9 and 10 Vict. c. 25, s. 2.) Setting fire to, or casting away a ship, with intent. Ib. s. 13. (7 Will. IV. 1 Vict. c. 89, s. 4.) with intent, in any of the cases aforesaid, 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. 9. Whosoever by the explosion of gunpowder, or other explosive substance, shall destroy or damage any building, with intent 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. 10. Whosoever shall set fire to any ship or vessel, or any part thereof; or any part of the tackle, apparel, or furniture thereof, or any goods or chattels being therein, or shall cast away or destroy any ship or vessel, (1) Formerly, when a servant killed his master, a wife her husband, or an ecclesiastical person his superior, to whom he owed faith and obedience; this was accounted a species of treason, called parva proditio, or "petit treason." That crime was abolished by 9 Geo. IV. c. 31, s. 2, which provided that homicides which amounted to that offence, should be deemed murder only. (2) Former Statutes spoke of "stabbing, cutting, and wounding; " but the word "wound" includes both "stab and cut." To constitute a "wound," there must be a breaking of the skin, either external or internal; and a mere scratch, or separation of the cuticle or upper skin, is not sufficient. |