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Two acts passed by the General Assembly of New Zealand, 1858, relating to native affairs, namely: the Native Districts Regulation Act; and the Native Circuit Courts Act. He Ture hou, erua, i whakatakotoria e te Runanga Nui o Niu Tirani, 1858. Ara; Ko te Ture whakakoto Ture-iti ki nga Takiwa Maori, ko te Ture whakarite Kooti Maori.

II.—Criminal Jurisdiction And Procedure

II.—Criminal Jurisdiction And Procedure.

V.The Court shall have power and jurisdiction, subject to the provisions of this Act, to hear, determine, and punish, according to law, all Crimes, Misdemeanours, and other Offences whatever, cognisable in a summary way by Justices of the Peace, or by a Resident Magistrate, and also ali Offences against any Regulation made under "The Native Districts Regulation Act, 1858;" and shall have the same powers to make inquiry concerning alleged Crimes, Misdemeanours, and other Offences, and for that purpose to summon to appear before the Court, or cause to be apprehended and brought before it for examination, persons reasonably suspected of offences, to take evidence on oath, to commit for trial or hold to bail suspected offenders, to bind over in recognizances to appear and prosecute, or give evidence on the trial of suspected offenders, to take Sureties of the Peace, or for Good Behaviour, and all such other powers and jurisdiction in relation to the investigation and punishment of Offences, and the conservation of the Peace, as Justices of the Peace have or page 11 may exercise in New Zealand; and shall further have power and jurisdiction to cause to be abated any Common Nuisance.
VI.Juries for the purposes of the Criminal jurisdiction of the Court shall be formed as follows; the Assessor or Assessors shall, from persons resident within twenty-five miles of the place at which the Court shall be sitting, form a List of Thirty-six men, from whom the Resident Magistrate shall select Twelve, who, or such of them as may attend and be willing to serve, shall be impanneled as a Jury to act during the then sitting of the Court, and at all adjournments there of: Provided that if less than eight out of the persons so selected shall attend and be willing to serve, or if any Juror shall absent himself, and the number of the Jury be thereby, or by challenge, or otherwise, reduced to less than eight, the Resident Magistrate may from time to time, as occasion may be, postpone the trial or complete the number of eieht Jurymen from the bystanders.
VII.Every person tried for, or charged with, any Offence, before such Court, shall be entitled to challenge peremptorily six persons selected as Jurors.page 12
VIII. Every Jury impanneled as atoresaid, shall make a declaration before the Resident Magistrate, according to the Form No. 1, set forth in the Schedule of this Act, or according to a translation thereof into the Maori tongue; and every such Jury shall be required to give an unanimous verdict.
IX. The duties of such Juries shall be: First, the trial of all Offences cognisable by the Court, for which a Fine exceeding Five Pounds may be inflicted: Secondly, the presentment of persons who may have committed, or be reasonably suspected of having committed, within the District or its neighbourhood, any Crime, Misdemeanour, or other Offence, to be inquired of, but not cognisable by the Court: Thirdly, the presentment of all Common Nuisances within the District: Lastly, the presentment of any other matter of fact which may by the Court be referred to the Jury, or which the Jury may think fit to present.
X. It shall be in the discretion of the Court to convict, discharge, commit for trial, or remand, or otherwise, as the case may require, take order concerning any person against whom a verdict of Guilty shall have been found, or presentment made; but no penalty or punishment for any Offence, triable by a Jury under this Act, shall be awarded or inflicted by the Court except on a verdict of Guilty; nor shall any person be committed by the Court to take his trial for any Offence before the Supreme Court, or any other Court, nor be held to bail so to take his trial, except on the presentment of a Jury that there is reasonable ground for such commital; nor shall any Warrant be issued by the Court for the abatement of a Common Nuisance, except on the presentment thereof by a Jury: page 13 Provided that where, upon the trial of any offence, the Jury shall be unable to agree upon a Verdict within four hours, the Court may convict or discharge the Defendant without a Verdict.
XI. Except as hereinbefore provided, the Court shall determine all questions of fact as well as of law.
XII. No appeal shall lie against any conviction by the Native Circuit Court, nor shall any proceeding of such Court in its Criminal jurisdiction be removed into any Superior Court by Certiorari or otherwise, nor shall any such proceedings be quashed or set aside, or be adjudged void or insufficient for want of form.