New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

Part XIII. — Miscellaneous

Part XIII.
Miscellaneous.

(1.) Interpreters.

103. Governor may license interpreters. The Governor may grant under his hand licenses to such persons as he may think fit, authorising them to act as interpreters under this Act, and may revoke the same: Provided that licenses granted to interpreters before the passing of this Act and unrevoked shall authorise the licensees to act as interpreters under this Act until the Governor shall otherwise direct.
104. Governor may suspend or remove interpreter. The Governor may, at his discretion, suspend or remove any interpreter appointed or acting under this Act. A Judge may suspend any such interpreter, but shall forthwith report such suspension to the Governor, with the reasons therefor. Every such suspension shall lapse if further proceedings be not taken agaiast the person suspended within three months from the date of suspension.
105. Penalty for acting as a licensed interpreter. Any person acting as or pretending to be a licensed interpreter under this Act who is not so licensed, or whose license is suspended, shall be liable to a penalty not exceeding fifty pounds, to be recovered in a summary way.

(2.) Stopping 8upply of Liquor to Natives.

106. Judge may order supply of liquor to be stopped. When a Judge shall be of opinion that the supply of intoxicating liquors to Natives by any person holding a publican's license is interfering with the business of the Court then being held, such Judge may issue an order under his hand directing that such person shall not supply such liquors or permit the same to be supplied in his licensed premises during the then sittings of the Court, or during a specified period, to any Native. Any such order may be revoked and given again from time to time.
107. Penalty for disobeying order. Any person disobeying such order after the same shall have been served on him, or delivered at his licensed house, may be summoned before the Court, and, on conviction, fined in any sum not less than ten pounds nor more than fifty pounds for each offence, and the said conviction shall be indorsed on his license.

(3.) Moneys of Natives under Disability.

108. Court may order Public Trustee to pay out moneys. The Court may, from time to time, order any moneys which now are or may hereafter be held by the Public Trustee, or other officer of the public service, for the benefit of Natives, or any part thereof, to be from time to time paid out to any Native entitled to such moneys, or to such persons, and in such sums as it may think necessary and proper, for the maintenance, education, or advancement of such Native if under disability.
109. Chief Judge may vary trust. If such money is held by the Public Trustee or other officer as aforesaid subject to the terms of any trust, the Chief Judge may from time to time order that such terms be varied in anymanner that the justice of the case may in his opinion require; and such money shall thenceforth be held by the Public Trustee, or other officer as aforesaid, upon the terms of the trust so varied. For the purposes of this section, the Chief Judge may direct such inquiry to be made by the Court or a Judge as the circumstances of the case may require.

(4.) Chattels Transfer.

110. Any instrument which may be registered under "The Execution of instruments. Chattels Transfer Act, 1889," if executed after the coming into operation of this Act by a grantor who is a Native residing in the North Island, shall be void, as against such grantor, unless such instrument is executed with the formalities prescribed in execution of a deed by section fifty-three of this Act, so far as the same are applicable to such instrument.

(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 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.