AN ACT TO MAKE BETTER PROVISION FOR THE ADMINISTRATION OF JUSTICE IN NATIVE DISTRICTS.

Maori Messenger : Te Karere Maori, Volume V, Issue 16, 30 September 1858, Page 1

AN ACT TO MAKE BETTER PROVISION FOR THE ADMINISTRATION OF JUSTICE IN NATIVE DISTRICTS.

With the present Karere we place in the hands of our Maori friends the first two sections of the Native Circuit Courts Act. The remaining portion of the Act will be given in consecutive numbers until complete.

<4ib August, 4858).

Whereas it is expedient that more effectual provision be made for tbe keeping of the Queen's Peace, and for the Administration of Justice within Districts over which tbe Native Title has not been extinguished: Be it therefore enacted, by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows: I.—INSTITUTION OP NATIVE CIRCUIT COURTS. I. It shall be lawful for tbe Governor in Council from time to time 'to appoint Districts for the purposes of this Act, being Districts over which tbe Native Title shall not for the time befog. have been extin-

guished; and any such appointment to vary or revoke. i 11. Within every such District a Resident! Magistrate to be specially appointed for the j purpose by the Governor, assisted toy at least one Native Assessor, shall hold periodically at convenient times and plaqes, a Court to be styled " The Native Circuit Court" of ! such District. 111. On the notification in the New Zealand Gazette of the extinction of Native Title over lands within any such District, such lands shai! sease lobe jKiFt-of-such District; nevertheless wflhpiU .prejudice to the enforcement of any penalty Incurred, or to the completion of any proceeding commenced prior to such notification IV. Provided that lands granted by the Crown to any person of-the Native race, or ??? person orbpdy politic in trust for educational, or charitable pur* poses, or in respect of any purchase made fteior to tbe proclamation of the Queen's Sovereignly, or specially granted as homesteads to persons of European race domiciled in Native Districts, shall, where the same respectively abut -upon lands over which the Native title has not been extinguished, be deemed for the purposes of this f9* buds over Which the Native title lias not been extinguished, and may accordingly be irtcluded wkhiii any such District as aforesaid. lI.—CRIIIISAL JURISDICTION AND PROCEDURE. The Court shall haves power and jurisdiction, snbjectlo the prottsiohs of this to bear; determine, and punish, according t6 law, all -crimes, niisdemeanottrs, and other offences whatever, cognisable in a summary way:by Justices of the Peace, or by a Resident 'Magistrate* aud also all lifewfis any' Regulation: made'under "Va $atUT6 Districts Regulation Act, 3nc!:§hall have the same powers to inquiry concerning alleged crimes, andother offences, ,and for 3iq SitmniQn ;i# appear before the Court, or cause to be apprehended jku! brought before it for examination, persons

reasonably suspected of offences, to «akej evidence on daiii, to commit for trial or liold .to ball suspected offenders, to bind over in .recognizances;to appear and prosecute, or give evidence on the trial of suspected; . offenders, to take Sureties of the Peace, or for good behaviour, and all such other powers and jurisdiction in relation to the investigation and punishment of offences, and the conservation of the Peace, as Justices of the Peace have or may exercise in New Zealand ; and shall further have power and j. risdiction to cause to be abated aiiy common nuisance. VI. Juries for the purposes of the Criminal jurisdiction of the Court shall be formed as follows; the Assessor or Assessors, shall, from persons resident within twienty-flve miles of ihe place at which the Court shall be silling, form a list of thirtysix men, from whom the Resident Magistrate shall select twelve, who, or such of them as may attend and lie willing to serve, shall be iinpanueled as ia Jury to act during the then sitting of the Court, and at all adjournments thereof: Provided that if less than eight out of the persons so selected shall attend and be willing to serve, or if any Juror shall absent himself and the number of the Jury be thereby, or by challenge, or otherwise, reduced to less than eight, the Resident Magistrate may from time to time as occasion may be, postpone the trial or complete the number of eight Jurymen from the bystanders. £ VII. Every £erson tried for, or charged with any offence, before! such Court, shall be entitled to challenge perehoptority six selected aS Jafbre. * VtH. Every Jury impannelcd as aforesaid, shall, make a declaration before the Resident Magistrate, according to the form No. 4 set forth in the Schedule of this Act, or according to a translation thereof into

(he Maori tongue; and every iiuh Jury shall be required to give an unaiiimoiift verdict. IX. The duties of such Juries shall be: First, the trial of all offences cognizable by the Court, for which a fine exceeding five pounds may be inflicted r Secondly, the presentment of persoos who nay have committed, or be reasonably suspected of having committed, within the District or its neighbourhood, any crimes misdemeanour, or other offence, to be inquired of, but net cognisable by the Court: Thirdly, the presentment of all common nuisances within the District: lastly, the presentment of any other matter of fact whiob may by the Court be referred to the Jury, or which the Jury may think St to- presents X. It shall le in the discretion of the Court to convict, discbarge, commit for trial, or remand,, or otherwise, as the case nay require, tike Older concerning any person against whom a- verdict of guilty ahall have been found,, or presentment made; but no penalty or punishment for any offence, triable by a Jury under this Act, ahall be awarded or inflicted by the-Court, except on a verdict of guilty; nor shall any person be committed by the Court to take his trial for aay offence before the Supreme Court or any other Court, nor be held to bail so to take bis trial, except on the presentment of a Jury,, that there is reasonable ground for such commitar; nor shall auy Warrant be issued by the Court for the abatement of a common nuisance, except on the presentment thereof by a Jury: Provided tbat where, upon the trial of any offence, the Jury shall be unable to- agree upon a verdict within four hours, the Court may convict or discbarge the Defendant without a verdict. XT. Except as hereinbefore provided,

tbe Court shall determine all questions of feci aswell as of law. XIF. No appeal shall lie against any coirviction by the Native Circuit Court, nor shall any proceeding of such Court in its Criminal jurisdiction be removed into any Superior Court by Certiorari or otherwise nor any such proceedings be quashed •r set aside, or be adjudged void or insufficient for want of form. To be continued in next number. j