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

Maori Messenger : Te Karere Maori, Volume V, Issue 17, 15 October 1858, Page 1

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

(4th August, 1858.) (CONTINUED) III.—CIVIL JURISDICTION AND PROCEDURE. XIII. The Court shall have jurisdiction to hear and determine all complaints of a civil nature, where both parlies are of the Native race, and tbe party sought to be charged resides or carries on business or is served with the process of the Court within tbe District in which tbe action is brought, or where boih parties are of the Native race, and the cause of action has arisen either wholly or in some material point, within sucb District: Provided that the Governor it* Council may from time to time, limit the civil jurisdiction under this Act, of any such Court, to cases in which the debt or damage claimed, or other matter in dispute, does not exceed in amount or value sucb sum as may be in that behalf fixed by the Governor in Council, and may vary or revoke any such I imitation.

XIV. Ia any c'ml action brought under this Act, it shall bQ in the discretion of the Court, on. the request of either party, made at any time before the commencement of the Blearing, to order that the cause shall be uied by a Jury; and the cause shall, if necessary, be adjourned until a Jury can be formed. XV. Juries for the trial of civil actions under this Act, shall be formed as follows: the Assessor or Assessors shall from the bystanders, or from persons residing within ten miles of the-place at which the Court; shall be sitting, form a list of eighteen men, from which six persons shall be selected by j lot; and the persons so selected* or so many of them as may attend and be willing to serve, shall be impanneled as a Jury to try the cause: Provided that if less than four 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 ihan four, the Resident Magistrate shall complete the number of" four Jurymen from the bystanders: Provided also, that by consent of the parties, Jury of any greater or less number than six (to be selected as aforesaid) may be impanneled for the trial of a civil action under this Act. XVL Each party shall be entitled to challenge peremptorily three persons selected as Jurors. XVII. Every Jury impanneled as aforesaid, shall make a declaration before the Resident Magistrate according to the form numbered 2, set forth ki the Schedule to this Act, or according to a translation thereof into the Maori tongne, and shall be required to give an unanimous verdict: Provided that if tlie Jury shall be unable lo agree upon a verdict within four hours, the Jurors shall be discharged, and the cause shall stand over, until the next sittings of the Court.

XVIII. All questions whether for the Court or the Jury shall be determined according to equity and good conscience; and the Court may prescribe such terms and conditions as to the time and mode of satisfying its Judgments> as it may deem just and reasonable; and shall be at liberty to receive or require any such evidence as to it shall appear At, whether the same be strictly legal evidence or not, XIX. The Ju Ignient of the said Conrt in civil actions shall be Gnal and conclusive between the parlies, without power of appeal; and no such cause shall he removable into any Superior Court; Provided that it shall be in the discretion of the Native Circuit Court to order a new trial or a re-hear* ing, to be had upon such terms as may seem fit. XX. Whenever in any civil action the Court shall have given Judgment or made an Order for the payment of money, the Resident Magistrate shall, at the request of the party prosecuting such Judgment or Order, issue bis Warrant to any constable, to be appointed for the purposes of this Act requiring him to levy, and such constable shall accordingly levy, or cause to be levied, by distress and sale of the goods and chattels of the party against whom such Judgment or Order shall be made, the money so adjudged or ordered to be paid, wiih the costs of execution, and the surplus, if any, of the mon y raised by such sale, shall be paid to the Resident Magistrate, and returned on demand of the party distrained upon; and all constables and Peace Officers within their several Districts shall aid in the execution of every such Warrant: Provided that it shall be in the discretion of the Resident Magistrate to delay the issue of a Distress Warrant during such time as he shall think fit.

it shall appear that no goods and chattels can be found, or not sufficient for payment of the sum to be levied, or it shall be made to appear to the satisfaction of the Resident Magistrate tbat if a Warrant were issued, no sufficient distress could be had, it shall In «iiber of the said cases, be lawful for, but not obligatory upon the Resident Magistrate, by Warrant under his hand, to commit the party against whom such Judgment or Order shall be made, to some common Gaol, there to remain for any time not exceeding one month for every five pounds or fractional part of five pounds so to be paid: Provided that the time of imprisonment •hall in no case exceed four months, and that the party at any time may be discharged npon application to the Resident Magistrate, and upon payment of the sum of money or ordered to be paid, together with such costs as the Resident Magistrate 9hall deem reasonable. XXII, In any Civil Action it shall be lawful for the said Court to summon witnesses and take evidence upon oath, and to require the production of all books, writings, and documents, of which any Court of Law night compel the production; and every person so summoned to attend as a Witness, who shall refuse or neglect without sufficient cause to appear according to the exigency of the Summons, or duly to produce any books, writings, or documents in his possession or power, duly requited by such Summons to be produced, and also every person present at any sitting of such Court, who being required to give evidence, shall for every such default forfeit any sum not exceeding twenty pounds, to be recovered in the said Court, or in a summary way, by any Resident Magistrate specially authorised by the Governor to hear the case. XXIII. The said Court shall have cog-

ntzance, according to the course of procedure prescribed by this Act, of all claims and demands or a civil nature, arising under any regulation made by virtue of the •■•Native Districts Regulation Act, 4858," between parties who are, not, or one of whom is not, or the Native race, as well as between parties both or whom are of the Native race; but subject to such limit of jurisdiction as may be fixed by the Governor in Council by virtue of the power in that behalf conferred by this Act. (To be continued in our next number.)