RESIDENT MAGISTRATES COURTS ORDINANCE.

Maori Messenger : Te Karere Maori, Volume 1, Issue 4, 15 February 1849, Page 3

RESIDENT MAGISTRATES COURTS ORDINANCE.

IN THE TENTH YEAR OF THE REIGN OF HER MAJESTY QUEEN VICTORIA.

Whereas it is expedient that provision be made for the more simple and speedy administration of Justice in the Colony of New Zetland, and for the adaptation of the Law to the circumstances of both races. lie it enacted by ilio Lieutenant-Governor of New Zoaland, willi the advice and consent of the Legislative Council thereof, as follows : Resident Magistrates. For the ! purposes hereinafter mentioned, there shall he appointed n fit number of persons, being Justices of the Peace, who shall be and be called Resident Magistrates. Commitment, and summary Conviotion> &c., op Natives in Criminal Cases.

And whereas it may be desirable that special provision be made for the Administration of Justice in Criminal C ises, where persons of the Native lt'ioc are concerned. Be it enacted, that, except within the limits of any town, no person of the Native Race shall be apprehended tin ier any Warrant, or be committed to l'rison, except upon a Warrantor Committal signed by any suoh Resident Magistrate. No information or complaint against any person of the Nitive Race shall be heard or determined in a summary way, except before such Resident Magistrate. When any person of llic Native Race shall bo charge l with Larceny, or with receiving stolen f;oods, niul shall, after hearing the information and evidence, nj-ainst him, voluntarily confess the same, it shall be lawful for any such Resident Magistrate, nl his discrc* tion, to tnke such confession, and to sentence the offender to be imprisoned for any period

not exceeding years. fn cast; «iny person of the Native Knceshnll be convicted upon any charge of Thclt, or of receiving stolen goods, in n summary way, before the Resident Magistrate, as nforasnid, every such person may after such conviction, by permission of the Court, and at any time heforo sentence passed, pay into iho Court Tour times the value of the goods so stolen or received, as aforesaid. Provided, that if the goods so stolen, or received as aforesaid, shall been restored by ilie person so convicted, such person may, by permission of tin; Court, and at anytime before sentence passed, pay into the Court either four times the value of the goods so stolen, or received as aforesaid, or such less sum, us to the Court shall seem fit. Il such payment shall he so ( made, ng aforesaid, 01* if security for such payment, shall be given to the satisfaction *>f the Court, no sentence shall be passed, but the person so convicted and making such payment, or giving such security, as aforesaid, shall bu discharged from custody, anil thall be in the samu condition in all respects as if he hud received sentence, and undergone his punishment in the ordinary course of law. Provided tdways, that for the purposes of this present provision, such Court shall have power to delay passing sentence in any such case, for any period not exceeding eight days. Where any such payment as last mentioned shall have been made, and it shall appear that restitution of the goods charged to have been stolen or received, as afnrrsnid, haa not been or cannot bo made, the Court shall have power upnn application then made by the <iwnrr of such j;oods or his representatives, to award co such owner or representatives, such part of the Ji'im so paid into Court, as afores.iid, as shall be t.qual to tin; sworn value of such good*, together with such costs ' s the Court shall seem reasonable. ') h»* sain so paid into Court, or in eitinr of tlv: cases last mentioned the resi-luc t'lereol*. fditll lie duly accounted for and p.iid over lo the Colonial Treasurer, or Treasurer «>f th*- county " r district, for the u.-e of II r Mnj >'Y, Her 11. ua, and Succe>>«ns, for Hn* public uses ot the Colony, and .1 tfu* ::npiio(t oj tin: Govern-