ABOUT LAW.

Maori Messenger : Te Karere Maori, Volume I, Issue 16, 15 November 1861, Page 2

ABOUT LAW.

CHAPTER VII. THE LAWS OF ENGLAND. § 4. The Pakeha has many laws: all men are not able to remember them all; therefore men arc appointed

by the Queen and by the Governor whose special duty it is to make themselves acquainted with these laws, and to administer them for the people. These are the Judges and Magistrates. They are made to swear that they will decide in accordance with justice only, and with what the Law has prescribed as the rule for each case. It is for the Governor to select men of patience, integrity, and wisdom, and appoint them Magistrates. Ail matters of dispute must be referred to their decision. Their knowledge is obtained from the books wherein the laws are written; which books they read and study constantly. Their knowledge 13 also partly derived from practice, for if a man work constantly at one work, he will become skilful in it. It is gained also by referring to previous decisions. § 5. The main objects of the Law are two: to protect right, and to prevent wrong That which is right is asserted by the Law; and the man J who holds that right is protected and supported in his right. The commission of wrong is forbidden by the Law; and, if committed, the Law punishes the man who does that wrong, or makes him pay lor doing' it, and gives red? ess to the man who 1 suffered the wrong. i O I § 6. In the eye of the Law there are j two kinds of wrong, ; One is wrong to the man himself, j or to his property; whereby the man 1 himself alone shffers inconvenience or injury. The name of "Civil Injury"i is given to this kind of wrong. The other kind is to the whole] people; these are great offences,! breaches of the great law. Thej name given to this kind of wrong is j " Criminal Offence." § 7. In the case of a wrong done to a man himself, 'he.who suffered the wrong may bring the case to be tried,

and may ask for redress by law. Here is an instance of a Civil Injury. Suppose Tamati owes Hone money, and will not pay him; then Hone will go to the Magistrate, and he issues a Summons-paper to bring Tamati, that he and Hone may both come and state their case before the Magistrate on a day fixed for hearing them. When they come, the Magistrate hears what they both have to say, and if he sees that Hone is in the right, he orders that the money shall be paid by Tamati. Here is another instance. Suppose Hemi's horse has destroyed wheat belonging to Wiremu, and Herai is not willing to pay for the damage; then Wiremu proceeds as in the former case: he goes to the Magistrate, who issues his summons to Hemi and hears what both have to say; then, if he think it right that Hemi should pay Wiremu, he orders this to be done. As the name of this kind of wrong is a Civil Injury, so the Summons also is called a " Civil Summons " § 8. In the case of a wrong to the whole people, that is, a Criminal Offence, the Law does not leave it at the will of the man who has suffered by that wrong, or at that of his relations, to say whether it shall be tried or no. The Law demands for this kind of wrong, for Criminal Offences, that I the Queen, or the Governor, and the Magistrates, shall take c&re that such offences do not pass without being brought to trial. The name given to this kind of wrong is, we have said, " Criminal Offence;" such as killing a man, burning a house, assaulting any person, and the like.

In the eye of the Law, a Criminal Offence is committed not against the injured person only, but against the whole people; such are the offences just spoken of. For this reason it is left to the Magistrates to see that they are prosecuted and the offenders brought to trial. The punishments appointed for this kind of offences are various. For a great offence, a great punishment; for the lesser offence, a lesser punishment: death for some; fur others, imprisonment; for others, payment; ; that is, what the Pakeha calls a j Fine. § 9. A man who lives under the the Law has an obligation to the Law, and the Law has one in return to him. His obligation to the Law is Obedience ; that of the Law to him is Protection from injury from any other; for the Law prevents his being molested in person or in property. If there were no Law, the weak would be oppressed by the strong and there would be much confusion., But the Law enables men to live j securely ; a covenant of combination is entered into by all the people, to bring into unison the thoughts of all, and to collect together the power and j might of all, as a protection to each individual from oppression or injury. Now there are three principal things which the law is intended to protect. (1.) A man's life, health and good name. (2.) A man's liberty, which must not be restrained without authority. The only man authorized to restrict the liberty of another is the Magistrate, and that upon just cause, as the commission of some wrong. If a man be imprisoned by the Magistrate without cause, from malice or abuse of his power, the Magistrate will himself be punished by the Law.

(3.) A man's land, property, possessions, and all things whatever belonging to him are protected by the Law, for him to hold, to use, or to dispose of them, without interference by any other, except by the authority of the Law. § 10. We will here explain the procedure of the Law, which has been called' the parent and guardian of a man. whereby he is enabled to dwell in prosperity and security and himself and his property are protected from interference and injury at the hand of others. We will give you the names of those who hold and administer this Law, that is, of those persons who are appointed to take care that the Law be not trampled on : we will also explain their respective duties. § 11.— T. The Queen. The first is the Queen. She is the great head and guardian of the Law. The Queen's representative in New Zealand is the Governor. There are many lands occupied by the Queen's subjects, distant and widely separated, and she is therefore not able to supervise them all. For this reason she has selected some of the Chiefs of her people, and sent them to some of those lands as Governors, heads of the people, and chief .administrators of the Law iu those places, to act for her in distant parts. It is from her that they have their authority and their instructions ; and they represent her in those countries. In this way the Governor of New Zealand is appointed, § 12—.11. The Governor. The great powers, for the administration of the Law which, in England are vested in the Queen, have,, here, been delegated, by her to the Governor. He must eonduct affairs in accordance with Law as he may deem

it best for the benefits of all ; he has also the Queen's instructions, and must conduct affairs in obedience to them. Sometimes he has to apply to the Queen for advice and fresh instructions. § 13. The Governor can direct the troops and send them to any place, or order them to do anything, and they must obey him. In case of war, either ii another nation were to invade this country, or, it strife arose among ourselves, the Governor could ask the Queen to send hither ships of war and troops, and the Queen would send at once of her numerous fleets and soldiers, until that war or that strife was at an end. Nor, even though all her many thousand ships and soldiers should be required, would they be withheld, but more and more would continually be sent until the object should be accomplished. § 14. The Governor is at the head of all Magistrates in New Zealand. His duty is to keep the Law from being broken by others, and to protect the people : but he must execute the duties of his office in accordance with the laws laid down. The Law is above him: he must take care that the Law is not trampled on by others; and he must take care also that he do not govern contrary to the Law. From the Queen downwards, all are subject to the Law. § 15. Another part of the Governor's office is to assent to the execution of the Law. If a man has been tried for murder, and found guilty, and been sentenced by the Judge to death, the Governor must first consent before he can be put to death. The Governor has the power to lighten the punishment of any criminal; for he may in his discretion,

and if be shall see just cause for so doing, either pardon altogether, or remit a portion of the penalty. But on the other hand, the Governor cannot increase any man's punishment. § 16. Another part of the office of the Governor is to assent to the enactment of any new Law, or to the change of any existing one by the Council appointed for framing laws, so that they may be valid and become law. § 17. It is also the duty of the Governor to appoint Magistrates and other persons for administering the Laws, and to assign to them their duties. All this he does as the Queen's Representative. If the Magistrates neglect their duties, or misconduct themselves in the peformance of them, they may be punished. § 18. These functions the Governor exercises for the benefits of all alike ; they are exercised by him for self aggrandisement, for the increase of his own fame and reputation : his only object in their exercise is the peace, welfare, and prosperity of the people. This is the grand object: it is for this that Laws are framed; it is this that the Governor and all his officers must seek to promote.