Summary Jurisdiction in Civil Cases between Native and European

Maori Messenger : Te Karere Maori, Volume 1, Issue 4, 15 February 1849, Page 4

Summary Jurisdiction in Civil Cases between Native and European

In every case of any claim or demand whatsoever of a Civil nature, in which either party (but not both UNKNOWN and defendant) shall be of the UNKNOWN Race, and where the debt or damages claimed shad not exceed one hundred pounds, it shall In: lawlul fur (the Itesidenl Magistrate together with any one or nioie Justices uf Ihe Peace) upon proof of personal service of a Summons upon the Defendant, to bear and determine any Mich case by way of summary proceeding. And ill any such case ai aforesaid, wln re the debt or damage claimed, shall imt exceed twenty pounds, it shall lie be Inwlnl for any such Resident Magistrate alone, to hear ami determine 6uch case in a summary way. In every sneli the said Resident Magistrate loY'ether wi h any onn or more .Instrees of the Pea 'C or the said Resident Ma* gist rate alone, as the case may he, shall have full power and authority to give such judgm< i\l between the parties as be or they shall find to stand with equity and good conscience, and to prescribe such terms and conditions as to the time anil more of satisfying such judgment as lie or them shftll deem just and reasonable. And ia the hearing of every such case the said Hoi lent Mi'gistra'e, together with any one or more Justices of-the Peace, or the 1 said Resident Magistrate alone, as the case may be, shall be ut liberty to receive or re-., quire any such evidence ns to him or them shall appear fit, whether the snine shall be stiictly legal evidence or not. The judgment <\f such Itesidenl Magistrate together ivith any one or more Justices of the Peace, or the said Resident Magistrate alone, as the case may be, as aforesaid, shall be filial Sjj all questions, nor shall any case he removed ■oft beiialf of any party into any superior court, by certiorari or otherwise, in any stage of the proceeding. Every such judgment may lie enforced in the same manner as any order for payment of money made by any Justice of the I'eace in any summary proceeding. In any.such case it shall be lawful for such Resident Magistrate together with any one or more Justices pf the Peace, or the said Resident Magistrate alone, as the case may be, at hi* or lliejr discretion, to demand and take any fees, not exceeding the fees following (that is to say) —

For every summons, any sum not exceeding . . . . .3s. For every hearing, any sum not exceeding . . . . . Gs. For entering judgment or order . -3s. l'or every distress warrant or warrants to apprehend . . . . Os. For officer executing such warrant is. in the. pound upon the sum levied or received, or for which the body is taken in execution. It shall he lawful for any Justice of the Peace to refuse to do any act in respect of which any fee shall hi: demaudable, unless such fee he lir.it paid. '• ' All fees which shall have' been demanded and taken under the authority hereinbefore given, shall be paid to the Colonial-Treasurer, or Treasurer of the County or District, as the case may be. Anun ration* Courts roil Native Casks. And whereas for the settling of disputes and differences of a civil nature between persons of the Native Race, it is expedient to provide a more simple and expeditious procedure'in such cases than that of the ordinary courts of law. lie it therefore enacted, that it shall be lawful for any Resident Magistrate, or any person appointed by his Kxcellency the Governor to act in that behalf, assisted by two Native Assessors, one to lie chosen by each of the. parties, and to be appointed ns hereinafter mentioned, to act as a Couit of Arbitration with power to hear and determine summarily all claims and

demands whatsoever of a civil nature arising between persons uf the Native Race. For thi; purpose of providing a sufficient number of persons tit to act as assessors, it shall he lawful for his Excellency the Governor to select and appoint as such assessors so many persons in each Tribe, or division of a Tribe, as lie shall think lit. The persons so selected shall be men of the greatest authority and best repute in their respective tribes, and who sha'l be Milling to act as such assessors. .Such Resident Magistrate, or other person as aforesaid, and assessors, shall possess the same powers as to the hearing ami determining of the cases last mentioned, the admission of evidence ami tin* enforcing of their judgment therein as are hereinbefore given in cases ivhere only one of the parties shall be of the n :\live race. Every such case shall bp determined by the two assessors (where agreed in their judgment therein), hut in case of a difference of opinion, then liv the judgment of the Resident Magistrate or other peison as aforesaid, and one of the assessors. I'raviditl ulutiys, that so long as such diffeience of opinion shall continue, .such jii'.l juH'nt :.!»;»)] Ije iccoiiL-d only, but that no ad shall b«- ilim-. or proceeding taken to ( hi ■; Mil !i n' : no execution until Imlh • ',u4!i.iiij ati'l ill-- Resident. Magistrate or , iH-rson ; as atW-;nid shall concur thcicin.

In order to secure obedience to the award of such court, it shall be lawful for the Resident Magistrate or other person as aforesaid, before entering upon the hearing of any complaint or demand, to require such security, either by deposit or otherwise, from the parties, or either of them, as he shall deem fit. In every case in which the judgment of the Court shall hare been cariied into execution to the satisfaction of the Resident Magistrate or other person aforesaid, it shall be lawful for his Excellency the Governor to pay to each of the assessors any sum not exceeding l'ive Pounds,