WEIGHTS AND MEASURES-continued.

seller of weights and measures, had not been stamped under the provisions of "The Weights and Measures Act, 1868;"

(2.)

Or from which then and there was found to be light [or unjust]. unlawfully did use [or have in his possession] a certain false [or imperfect] scale, [balance, steel-yard, beam, or other weighing machine]. (s. 47.)

Penalty-Not exceeding £10. Ante, No. 1 (a), (6). False weights, &c., forfeited. Contracts made with them void.

7. Sale by heaped measure, or unlawful weights or measures; or coals, &c., by measure and not by weight (s. Penalty-Not exceeding £10.

8. Wilfully obstructing inspector in

46).

Ante, 1 (a), (b). Contract void. execution of his office, or any person selling or conveying by weight or measure, refusing to produce his weights or measures (s. 47).

Penalty-Not exceeding £10.

9. Forging or counterfeiting (or procuring &c.), or knowingly assisting in forging or counterfeiting, stamp, brand, or mark, used under the Act (s. 48).

Penalty-Not exceeding £100. Ante, No. 1 (a), (b).

10. Selling &c., knowingly, weight or measure with forged stamp, mark, or brand (s. 48.)

Penalty-Not exceeding £20. Ante, No. 1 (a), (b).

WRECKS, ENQUIRY INTO.-Act 1869. See ante, § 1833, &c. 1. Refusing to give evidence (s. 6).—A.B., before the committing of the offence hereinafter mentioned, to wit, on &c., was duly required by the summons of C.D., then and there being the principal officer of Customs residing at, or near &c., near which place a certain ship, to wit, a ship called the "Royal George," had before been lost, [abandoned, burned, stranded, or had been in collision with another ship or vessel, or to which certain damage or casualty had occurred,] [or being a person then and there appointed by the Governor to make inquiry respecting the loss, abandonment, burning, stranding, collision, damage, or casualty of a certain ship called the "Royal George,"] to attend as a witness before the said C.D., on &c., at &c.; and the said summons was, on &c., at &c., duly served upon the said A.B., and the expenses to which he the said A.B. was entitled under the provisions of "The Enquiry into Wrecks Act, 1869," to wit, the sum of &c. was duly tendered to him the said A.B., and the said A.B., on &c., at &c., unlawfully did refuse to attend as a witness, according to the said summons [or, having appeared pursuant to the said summons, on &c., at &c., unlawfully did refuse (or neglect) to make answer, or to give a certain return, (to wit,) or &c., to produce a certain document (to wit) then in his possession,] [or to subscribe a certain declaration, to wit, (&c., as the case may be,) which the said C.D. was, by the said Act, empowered to require, and had required him to make].

Penalty-Not exceeding £20.

2. Impeding officer of Customs, &c., in execution of duty.—on &c., at &c., unlawfully did wilfully imped C.D., a principal officer of Customs [or

WRECKS, INQUIRY INTO—continued.

a person appointed under the provisions of "The Enquiry into Wrecks Act, 1869,"] in the execution of his duty under the provisions of "The Enquiry into Wrecks Act, 1869," [or the said Act,] on board a certain ship called the "Britannia," then being at &c., near &c., aforesaid [or at &c., elsewhere].

Penalty-Not exceeding £20. Offender may be seized and detained by officer &c., or assistant, until he can be taken before a Justice.

PART II.

INDICTABLE OFFENCES.

DESCRIPTION OF THE OFFENCES; WITH DEFINITIONS AND NOTES, AND THE PUNISHMENTS.

Practical Directions.

ALTHOUGH it is not necessary that Informations should be as formally correct as Indictments, it is deemed expedient to give the descriptions of offences in the following part of the work, with sufficient precision to define them accurately; and a few notes, for the purposes of definition and explanation, are added where they seem desirable.

It is also deemed convenient to mention the punishments attached to each offence, although Justices in New Zealand have not the power of trying indictable offences.

In cases other than those contained in the Consolidation Acts, and other Acts of the Colonial Legislature, the terms of penal servitude are those which are substituted for periods of transportation by "The Secondary Punishments Act, 1854."

Reference is made to the Act constituting the offence, when it is not an offence at Common Law. When the Act is one of the Consolidation Acts of 1867, reference is made to it only; but the Act from which the provisions of the Consolidation Act are taken, will be found noted in the reprint in the Appendix.

As to punishments under "The Consolidation Acts, 1867." See General Clauses, Appendix, pp. 168, 169.

Information.

The Information should begin and conclude in the general form No. 15.

Before the description of the offence, in every case the follow ing words are to be inserted-"That A.B., [the accused] of &c., on the in the year of our Lord [date in words] at in the Colony of New Zealand, &c."

day of

The conclusion of the description of the offence [in the forms, "Contrary &c."] should be "Contrary to the form of the Statute in such case made and provided, and against the peace of our Lady the Queen, Her Crown and Dignity."

ABANDONING CHILD.-See BODILY HARM.

ABDUCTION.-"Offences against the Person Act, 1867." 1. Of a woman on account of her fortune (s. 50).

did feloniously, and from motives of lucre, take away and detain a certain woman named E.F. against her will, with intent her the said E.F. to marry, [or defile, or to cause to be married or defiled by one F.G., or by some person whose name is unknown,] she, the said E.F., at the time she was so taken away and detained by the said A.B., then having a certain present [or future] and absolute [or conditional, or contingent,] interest in certain real or personal property, [or being heiress presumptive to a person having an interest in certain real property, or being co-heiress, or presumptive next of kin, or one of the presumptive next of kin, to a person having an interest in certain personal, or real, property]. Contrary &c.

Felony. Penal servitude, from three to fourteen years; or imprisonment, with or without hard labour, not exceeding two years. See App. p. 168.

NOTE. If motive ignored, Jury may find prisoner guilty of assault, (Barrett's case, 9 C. and P.); therefore, if motive doubtful, Justices may commit for felony.

2. Fraudulent abduction of a girl under twenty-one, against will of father, with intent to marry or carnally know her, or to cause her to be carnally known or married by another (s. 50).

Felony. Penal servitude, &c., as in No. 1.

3. Forcible abduction of any woman, with intent to marry or carnally know her (s. 51).

did feloniously, by force, take away [or detain] a certain woman named C.D., with intent then and there to marry [or carnally to know] the said C.D.,

or to cause the said C.D. to be married [or carnally known] by one X.Y.

Felony. Penal servitude, from three to fourteen years, or imprison ment, with or without hard labour, not exceeding two years. 4. Of a girl under sixteen years of age (s. 52).

did unlawfully take, or cause to be taken, a certain young unmarried girl named E.F. out of the possession of C.D., her father, [or mother, or who then had the lawful care or charge of her,] and against the will of the said C.D., she the said E.F. being then an unmarried girl under the age of sixteen years, to wit, of the age of [fourteen] years. Contrary &c.

Offences against the Person Act,

1867.

Offences against ABDUCTION-continued.

the Person Act, 1867.

Misdemeanour. Imprisonment, with or without hard labour, not exceeding two years.

NOTE.-Intent to marry or defile, and motives of lucre, not necessary in this case.

ABETTORS AND ACCESSORIES.-See App. p. 293.

ABOMINABLE CRIME.-See SODOMY.

ABORTION.-Offences Act, 1867, (s. 55).

1. Administering anything to a woman, to procure.

did unlawfully and feloniously administer to [or cause to be taken by] one E.F. one ounce weight of a certain poison called &c., [or noxious thing unknown,] with intent then and thereby to cause the miscarriage of the said E.F. Contrary &c.

Felony-Penal servitude, from three years to life; or imprisonment, with or without hard labour, not exceeding two years, with or without solitary confinement. See App. p. 168.

2. Using instrument with same intent (s. 55).

did unlawfully and feloniously use a certain instrument [unknown] called a

by &c., [stating how; or, if other means have been

used, state them,] with intent &c., [as in last form].

NOTE.-Pregnancy need not be proved. If intent not proved, prisoner (being woman herself) may be convicted of an assault.

3. Using instrument with same intent, by a woman herself, being with child (s. 55).

A.B., on &c., at &c., then being with child, did unlawfully and feloniously, with intent to procure her own miscarriage, administer to herself, &c., [as in No. 1.]

4. Using instrument with same intent by a woman herself (s. 55).—As in Nos. 2 and 3.

5. Procuring drugs, &c., to cause abortion (Id. s. 56).

unlawfully did supply to [or procure for] X.Y., a certain poison, [or noxious thing, or a certain instrument, or thing,] that is to say &c., he the said A.B., then and there well knowing that the said &c., was intended to be unlawfully used [or employed] with intent to procure the miscarriage of the said X.Y., [or one Y.Z]. Contrary &c.

Misdemeanour. Penal servitude for three years; or imprisonment, not exceeding two years, with or without hard labour. App. p. 168, &c.

Accessories Act, ACCESSORIES.-See § 291, in the text.

1867.

1. Before the fact, with principal (s. 1).

After describing the offence of the principal, say]—And that he the said A.B., [the prisoner] on the day and year and at the place last aforesaid, did feloniously aid, abet, counsel, and procure the said A.B. to do and commit the said felony, against the Statute, &c. 2. Before the fact, without principal (s. 2).

did feloniously aid, abet, counsel, and procure one A.B. (or s certain man whose name is unknown] to do and commit a certain