The Forms referred to in the text are given in the order in which they occur therein, and have the numbers of reference prefixed. The numbers given in the Acts, referring to Schedules, are also given at the head of the Forms; thus (1) (2). Forms not specially referred to in the text are introduced in appropriate places, with three asterisks (***) prefixed to the title. Throughout the Forms, the person against whom the information or complaint is made is called A.B.; the person preferring it C.D.; the Justice J.S.; a Resident Magistrate R.M.; and the Constable W.T If the proceedings are taken within a Resident Magistrate's District or Petty Sessions District, it is convenient that the District should be mentioned. When the proceedings are before a Resident Magistrate, he should be described as such. FORMULARY. No. 1. FORM OF THE COMMISSION OF THE PEACE. (') VICTORIA, by the Grace of God, of the United Kingdom of Great [Here follow the names of the Justices.](2) KNOW ye, that we have assigned you, and each and every of you, jointly and severally, to be our Justices of the Peace, in our Colony of New Zealand and its Dependencies, to keep and cause to be kept all Laws, Ordinances, and Statutes in force within our said Colony, for the punishing of offenders, the preservation of the peace, and for the quiet rule, welfare, and good government of our people in our said Colony; and to have, exercise, and discharge all the powers, authorities, and duties belonging or pertaining to the office of a Justice of the Peace in our said Colony. And therefore we command you and each and every of you that to keep the Peace, and all Laws, Ordinances, and Statutes, and all and singular other the premises, you diligently apply yourselves, and that at certain days and places duly appointed or to be appointed for these purposes, into the premises to make inquiry, and all and singular the premises hear and determine and perform and fulfil them, doing therein what to justice appertains, according to the law and custom of England and of our said Colony. And we command all our Sheriffs in our said Colony, at certain days and places appointed or to be appointed, to be aiding by all lawful means in the performance and due execution of the premises. In testimony whereof, we have caused these our letters to be made patent, and the Seal of our Colony to be hereunto affixed. Governor and Commander-in Witness our trusty and well beloved of our reign, and in the year of our Lord day of in the (Signed) God save the Queen! year (1) The last Commission issued before the publication of this work was dated on the 4th July, 1868, and published in the New Zealand Gazette, No. 38, of the 6th July, 1868. (2) The number of Justices whose names are contained in the last Commission was 685, § 6. No. 2. OATH OF JUSTICES. (1.) Oath of Allegiance to be taken along with the Oath of Office.(1) I, J.S., do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria. So help me God. Sworn before me, at § 7. X.Y. (Signature of Judge or other person administering the oath.) (2.) Oath of Office.(') : I do swear, that as a Justice of the Peace for the Colony of New Zealand in all articles of the Queen's Commission to me directed, I will do equal right to the poor and to the rich after my cunning, wit, and power, and after the laws and customs of the Colony and Statutes there in force: and I will not be of counsel of any quarrel hanging before me and I will hold my Session after the form of the Statutes thereof made: and the issues, fines, and amerciaments that shall happen to be made, and all forfeitures which shall fall before me, I will cause to be entered without any concealment or embezzling, and truly send them to the Public Treasury of the Colony: I will not let for gift or other cause, but well and truly I will do my office of Justice of the Peace in that behalf: And I will take nothing for my office of Justice of the Peace to be done, but of the Queen, and fees accustomed, and costs limited by a Statute: and I will not direct or cause to be directed any warrant by me to be made to the parties, but I will direct them to the Bailiff, Constable, or other the Queen's Officers or Ministers, or other indifferent persons to do execution thereof. So help me God. TABLE OF FEES UNDER "THE JUSTICES OF THE PEACE ACT, 1866." (2) Summons (to include only one name) for each (2) Copy and service of each, where the service is within two miles (2) Above that distance, for every mile in addition For every deposition in evidence and swearing the same (2) Warrant for Apprehension or Committal (2) Conviction or Order by a Justice ... s. d. 1 6 1 0 0 6 2 0 0 8 2 6 2 6 1 6 (1) These oaths may be taken either before a Judge of the Supreme Court, or before any person to whom the Governor or a Judge of the Supreme Court has given authority to take them by virtue of the document called a Dedimus potestatem. (2) These fees are not to be taken in cases of Indictable Offences. s. d. 1 0 1 0 For every Oath administered or Declaration taken by a Justice of the For any Document required in the discharge of the duties of Justice Copy of those proceedings, per same folio Recognizance with or without sureties For every enlargement or renewal thereof Notices to Principal and the two Sureties () Drawing Case for Appeal, where the case does not exceed five folios of ninety words each ... (1) Where the Case exceeds five folios, then for any additional folio () For Certificate of Refusal of Case ... (1) For Form of Appeal when Appeal is not upon a Case stated 08 ... 0 4 50 2 0 ... 20 10 0 No. 4. FORM OF ACCOUNT OF JUSTICES' CLERKS. (57.*) N.B.-The Schedule to "The Justices of the Peace Act, 1866," does not contain the number (57) mentioned in section 148 of the Act, but it is understood that the following is the form in actual use. CASH BOOK OF THE CLERK TO THE BENCH AT (1) Repealed by "The Appeals from Justices of the Peace Act, 1867," s. 36; and the Table of Fees No. 47 in Formulary substituted. * The numbers printed thus are the numbers in the Schedule B. to "The Justices of the Peace Act, 1866," and in the sections of the Act referring to them. This particular number (57), although referred to in section 148 of the Act as being in the Schedule, does not appear there. NOTE.-By "The Interpretation Act, 1868," s. 12, it is provided that the words "oath" and "affidavit" shall include "affirmation" and "declaration;" and the word " swear" shall include "affirm" and "declare" in the case of persons allowed by law to affirm and declare. Where the word "swear occurs in a form, a Quaker or United Moravian deponent will say, "being one of the people called Quakers, &c., do solemnly, "sincerely, and truly affirm and declare,” &c. Any person professing unwillingness to be sworn from alleged conscientious motives must declare as follows: 66 I, A.B., do solemnly, sincerely, and truly "affirm and declare, that the taking of any oath is, according to my religious "belief, unlawful; and I do also solemnly, sincerely, and truly affirm and "declare, &c." ("Law Amendment Act, 1856," s. 1, as to civil proceedings; and "The Affirmations in Lieu of Oaths in Criminal Cases Act, 1866," s. 2.) Any person of the Aboriginal Native race of the Islands of New Zealand, or of countries adjacent thereto, who would be by law incompetent to give evidence from defect of religious knowledge and belief, may, in giving evidence, say, "I, A.B., being a person of the Aboriginal Native race, &c., do affirm "that I will speak the truth, the whole truth, and nothing but the truth.” ("Unsworn Testimony Ordinance, 1844.") Mode of Swearing. Christians are sworn with the Gospels in their right hand; and they kiss the same, after the oath has been administered. Roman Catholics often prefer to use a copy of the Gospels having a cross upon it. Jews are sworn upon the five books of Moses,-with their hats on; and in their case the words "So help you Jehovah" are substituted for "So help you God." Quakers affirm, with their hats on. Mussulmans are sworn on the Koran. Other persons competent as witnesses may be sworn with such formalities as they allege will be most binding on their consciences. According to the Scotch form of swearing, which is preferred occasionally by Presbyterians and others, the Judge stands up and lifts up his right hand, and tells the witness to hold up his right hand and repeat the oath after him. The oath is to this effect :-"I swear by Almighty God, and as I shall answer "to God at the great day of judgment, that I will tell the truth, the whole "truth, and nothing but the truth, so far as I know or shall be asked." § 731. No. 5a. A FORM OF OATH USUALLY ADMINISTERED TO A WITNESS GIVING EVIDENCE THE evidence you shall give touching this information [or complaint, or the |