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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95
(5.) Offences
(5.) Offences.
| 111. | Any Judge, in case it shall appear to him that any person Court may order prosecution for perjury. has been guilty of wilful and corrupt perjury in any evidence given, or in any affidavit, deposition, examination, answer, or other proceeding made or taken before him, may direct such person to be prosecuted for such perjury, in case there shall appear to him reasonable cause for such prosecution, and may commit such person so directed to be prosecuted until the next sittings for the trial of criminal cases of the Suprerne Court in the district within which snch perjury was committed, unless such person shall enter into a recognisance with one or more sufficient surety or sureties conditioned for the appearance of such person at such sittings, and that he will then surrender and take his trial and not depart the Court without leave; and may require any person he may think fit to enter into a recognisance conditioned to prosecute or give evidence against such person so directed to be prosecuted as aforesaid, and may give to the party so directed to prosecute a certificate of the same being directed.
Such certificate shall be given without fee or charge, and shall be deemed sufficient proof of such prosecution having been directed as aforesaid; and, upon the production thereof, the costs of such prosecution shall be allowed by the Supreme Court when any person shall be prosecuted or tried in pursuance of such direction as aforesaid, unless such Court shall specially otherwise direct. Such sum as shall be allowed shall be paid by the Colonial Treasurer. |
| 112. | If any person shall wilfully insult any Judge or Assessor, Penalty for insulting Judge or officers of Court. or any clerk, interpreter, or officer of the Court for the time being, during his sitting or attendance in Court, or in going to or returning from the Court, or shall wilfully interrupt the proceedings of the Court, or otherwise misbehave in Court, it shall be lawful for a constable or any officer of the Court, with or without the assistance of any other person, by order of the presiding Judge, to take such offender into custody and detain him till the rising of the Court; and the presiding Judge may, if he shall think fit, by a warrant under his hand and the seal of the Court, commit any such offender to prison for any term not exceeding fourteen days, or impose upon such offender a fine not exceeding ten pounds for every such offence, and page 26 in default of payment thereof commit the offender to prison for any time not exceeding fourteen days, unless the said fine be sooner paid. |
| 113. | Mode of imposing penalty. Every penalty provided for by this Act may be imposed by the Court after the person alleged to have incurred any such penalty shall have had an opportunity to show cause why the same should not be imposed. |