THE LAWS, No. 2.

Maori Messenger : Te Karere Maori, Volume II, Issue 7, 31 July 1856, Page 11

THE LAWS, No. 2.

Of the Office of Magistrate. In a previous number, we endeavoured in a plain and simple manner, to explain the necessity and origin of laws to regulate society, Jtfid the first principles on which they are founded. It is because no man is capable of taking an impartial view of matters in which he is personally interested, that society gradually recognized the necessity of having scattered over the country a body of men whose sole business it is, to hear and determine questions of right and wrong between j

litigant parties—men who have been engaged from their youth in the study of the laws, and who from good character and honest conduct are selected by the governor to administer justice to all who come before them with complaints of injuries sustained or promises broken. These gentlemen are not selected as is the case generally amongst the Maories in selecting their chiefs because their fathers are Magistrates or chiefs, or because they are rich, but because m the opinion of the governor, they are well qualified by education, patience and honesty of purpose, to judge rightly the questions brought before them, and disco\er on which side the right is. Magistrates are charged with the conservation of the peace—so that in time of agitation and disturbance, the Magistrate has power from the Queen to interfere, and if open force is used either against the authorities, or amongst the people themselves, he may call oiher people to his assistance, and quell the disturbance* It is the duty also of the Magistrate to keep and cause to be kept all the laws and ordinances for the good of the peace. He hears all cases of theft, injury to the person, and other offences, aud if he thinks that the man accused really committed the offence of which he is charged, he sends him to the Gaoi at Auckland, to be tried again by the Judge of the Supreme Court and a jury. But in many minor offences the Magistrate is empowered to try the case and sentence the accused himself without a second trial by the Supreme Court Judge. The Magistrate is always ready to listen to complaints made by one man against another, and when the complaint is made, he will issue a summons for the defendant to appear before him on a certain day. But it must be remembered that he will then hear both sides, and decide as his judgment may influence him. It sometimes happens that the Magistrate does not think that the complainant has been injured at all, sometimes not to so great an extent as the plaintiff sup-

poses. His decision will sometimes therefore dissatisfy the complainant. But he should not on that account accuse the Magistrate of being unjust. As already explained, the Magistrate has no interest or feeling on one side or the other, and will decide according to the right as it appears to him at the hearing. He has no interest in the matter, and will interpret the laws without fear or affection. The complainant is like a mau looking through green glass when all things appear la him green; the defendant looking through red glass sees every thing red— but the Magistrate looking without any glass at all soes things in their natural colors. Therefore if he says that a thing is whiie it is foolish for the man with red glass to say it is red or the man with the green glass to say it is green, although to them it inay appear that they are speaking the truth. The Magistrate is paid by the governor far the discharge of his duties. This is for two reasons—Firstly, because he is as much entitled to be paid for his lime and work as oilier people,—and secondly, in order that he may not be tempted by poverty to accept bribes or presents from people who think that he may be softened towards them by gifts. Parties also suing before him pay small fees, in order that no man may come and get a summons against another man, unless he feels that he has goad ground of action. These fees are paid to the government, and are not for the use of the Magistrate. In the next number we shall explain the proceedings to be taken in obtaining a summons, and at the trial.