THE PETITION FROM NAPIER.

Hawke's Bay Times, Volume II, Issue 62, 4 September 1862, Page 3

THE PETITION FROM NAPIER.

The following is the report of the Committee on the petition praying for enquiry into certain proceedings of the Civil Commissioner’s Court: — That the information was taken before J. Carling, Esq., one of Her Majesty's Justices of the Peace and Resident Magistrate. That the defendant was summoned by the said dohn Carling to appear at the Resident Magistrate’s Court at Xapior ; that the case was heard and adjudicated by Colonel Russell, who signed the judgment as Civil Commissioner and Resident Magistrate. That your Committee consider the use of the term “Civil Commissioner,” in reference to this court, as erroneous—( here being no Civil Commissioner's Court in New Zealand known to the law —but that no such court was held. That any Justice of the Peace for the Colony might have taken his scat on the Bench beside the Resident Magistrate, but that uo one thought fit to do so. That your Committee, though seeing nothing in the evidence to support the allegation contained in the second clause of the petition (that the decision was contrary to the evidence) does not consider itself empowered to act as a Court of Appeal from the decision of the Resident Magistrate. That your Committee feel it their duty, without impugning the motives of the Government, to invito attention to the fact that under the Aew Zealand Land Purchase Ordinance, any person may be singled out for prosecution by the Government, as the defendant in the case referred to has • been, but that, excepting in the Province of Auckland the Ordinance may be violated with impunity by others. That your Committee are also of opinion that the designation of a particular Magistrate to try a particular ease is calculated to impair public confidence and is liable to very great abuse.