TOWN EDITION. The Daily Telegraph WEDNESDAY, SEPTEMBER 28, 1881.

Daily Telegraph (Napier), Issue 3198, 28 September 1881, Page 2

TOWN EDITION. The Daily Telegraph WEDNESDAY, SEPTEMBER 28, 1881.

The Resident Magistrate at Gisborne, Mr M. Price, ha? recently taught the natives of Poverty Bay a most seasonable lesson, by which they have learnt that their self• constituted criminal procedure courts or committees have no jurisdiction, and that their judgments cau be successfully appealed against. Tbe case was briefly as follows :—A native of the name of Te Whetn sued another native, Tiopera Tawhiao, in the R.M. Court for the sum of £4.5, the claim being for two horses, saddle*, and bridles, valued at £30, and £15 damages. The plaintiff's case was that the defendant, in his

capacity of a chief, had exercised ah ■authority -.fit conferred tibbo bjnj by !«w, in (hu Ho m_ seistd pM-untifr. pro- ' . . ih sh( _ _r«on of ■» {riven -'.}*•_:.•*. -ji,-i»ut.J.if by a Native' Committee. T-- : e piaiuciff ,d been regularly served .th a Butumob-H at the instance of the Committee" for a claim of £5 and miie•»ge; he had attended the committee, but, having refused to pay, his horses had b'.;ea seized. In his defence the defendant r -!aid ; 1 kept the horses to pay for ■ii* offeno-2 of '.\l. Is the Committee ■ adjudged the defendsuf. guilty. I seized the horses by the authority of the Committee. The demand was for £7 10s. Mr Rees, as amicus curiae, said there was great povver given to Maori Committees under the Native Licensing Act, 1878. For certain purposes they had powers conferred oh them of making bye-laws, and even to infiVct punishment. Mr Price: "That is under the the Licensing Act in proclaimed districts. I will not recognise any act which these Committees may do. Unless there was an Act of Parliament authorising them, they had no power of meeting to hear charges. It was an illegal act.*' The defendant went on to cay—The Committee have possession of the horses and things. The horses are !' a well fenced paddock, and getting good feed. The Committee will retain possession of those things until tho amount is paid. Hepeta deposed : I wish to say the Committee heard :he o .nee. The pLlntiff accused a man falsely of stealing flour. Te Wbetu wa • charged with making a false accusation. The Committee issued tbe summonses, aud on this authority they heard and adjudged this person. Witnesses were called and evidence taken, and he was fo - nd to be at fault. Mr Price : Of course : an action for slander. They took upon themselves more authority thnn this Court has or even the District Court. Hcneta : Generations ago if a man spoke falsely it was death. Te Wiievu treated the. judgment of the Committee with disrespect. If the fine was not paid the horses would be sold by auction. These people were judged by Maori custom. The reason we do this is because we haw not been informed that it was wrong by the Government. No notice had been sent to the Committee that their action was illegal. The Court hears to-day the wishes of the people and their desire to petition the Government on the subject. In delivering judgment Mr Price remarked that he would say as a magistrate that the Maoris had no authority whatever to constitute themselves as Committees to adjudicate as Courts on offences. There was only one law—the English law—and until an Act wis passed empowering Native Committees, they were committing an illegal act. Why should the Government inform them of what they were doing illegally ? He had heard a similar case before, and he had hoped he would not hare had another like it. The plaintiff was perfectly right to resist the judgment, and come to the Court for relief. The judgment of the Court was, that they return by 12 o'clock next day, tbe horses, or pay the sum of £30, the value thereof Damages to be £4. Sitting on the Bench with Mr Price was the Native Assessor, Paora Parau, who entirely agreed with the decision. The Maoris of Hawke's Bay may take a lesson from the above case.