NATIVE EXEMPTION ORDINANCE. [Came into operation July 16, 1844.]

New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 7, 23 November 1844, Page 4

NATIVE EXEMPTION ORDINANCE. [Came into operation July 16, 1844.]

Preamble. — Whereas it is greatly to be desired that the whole aboriginal native population of these islands, in their, relations and dealings amongst themselves, be brought to yield a ready obedience to the laws and customs of England ; and whereas this end may more speedily and peaceably be attained by the gradual, than by the immediate and indiscriminate enforcement of the said laws, so that, in couse of time, the force of ancient usages being weakened, and the nature and administration of our laws being understood, the native population may in all cases seek and willingly submit to the application of the same ; be it therefore enacted by the Governor of New Zealand, with the advice and consent of the Legislative Council thereof, as follows :—: — 1 . Mode of Procedure in cases of Crime* committed by the Natives, inter se. — Where any crime or offence shall .be committed, by any person of the aboriginal race against any other person of same race, no police magistrate or other justice of the peace, or any other person shall, except under the special authority in writing of the Governor or of the Superintendent of the Southern Division for the time being, issue any warrant or take any other proceeding whatsoever against the alleged offender, until an information charging such offence shall have been duly made by two principal chiefs of the tribe to which the injured party may belong ; and in case any warrant may be issued for the apprehension of any such alleged offender, such warrant shall be directed for execution to two principal chiefs of the tribe laying such information, or (where the alleged offender shall belong to a different tribe) then to two principal chiefs of the tribe to which such alleged offender shall belong ; and no further proceedings shall, be taken in the case, unless the alleged offender shall be brought up for examination by or by the authority of the chiefs to whom such warrant shall have been directed. 2. By Natives ayainst Others. — And to the end that in cases where any crime or offence shall be committed by any person of the aboriginal race against the person or pro-jperty-'of any other person not belonging, to the saiH race, the law may be enforced against any such offender with the least possible risk of inter upting the peace of the community : be it enacted, that where the person to be apprehended by virtue of any warrant of any police magistrate or other justice of the peace shall be beyond the limits of any town, sucn warrant shall, except where the ordinary course of proceeding shall be sanctioned by inch special authority as aforesaid, be directed in blank to two of the principal chiefs of the tribe to which such person shall .belong, and' shall be forwarded by such police magistrate" or other justice of the peace 'to the chief

protector of aborigines, or protector of the .district, ps the. case may ,be. , 3. Protector to direct warrant to two prin. cipal .Chiefs.— r Such protector shall fill up the blank left in the warrant, with the names of such two of the said principal chiefs as to him may seem meet ; and shall countersign the said warrant, and shall endorse thereon a translation thereof into the native language signed by such protector, and shall forthwith cause the same to be conveyed to the chiefs to whom it shall be directed. 4. Allowance to Chiefs/or causing apprehension of offenders. — For every chief who, in compliance with any such warrant as aforesaid, shall have caused any offender to be apprehended and brought before the police magistrate of the district, there shall be allowed as a compensation for his trouble in so doing a sum of money according to the scale in the schedule hereunto annexed. 5. Amount of allowance to be stated on warrant. — At the foot of the translation so to endorsed on the warrant as aforesaid, there shall be added by such protector as aforesaid a note, stating that the chiefs to whom the warrant shall be directed will, on complying therewith, receive compensation ; and stating the amount of compensation according to the aforesaid scale. 6. Party accused to be allowed to go at large until trial, on making deposit.-— And whereas difficulties are found to arise in the administration of the criminal law among the aboriginal population of the colony, by reason of our mode of enforcing the same, being in some cases greatly repugnant to the natural habits of the said population, and the object of the criminal law may more easily and more generally be attained by certain modifications, for the present, in the mode of procedure and nature of the punishment now by law presciibed : be it enacted that where any person of the aboriginal race shall be charged with any (rime or offence other than the crimes of rape or murder, and where such person would otherwise have been committed to take his trial, every such person shall be allowed to go at large on making or procuring to be made a deposit in manner and to the amount hereinafter mentioned as a security, to be forfeited in case of hi 3 non-appearance to take his trial at the time and place then named for that purpose. 7. Amount of deposit. — The sum to be deposited shall, in charges of theft or receiving stolen goods, not exceed four times the value of the goods alleged to have been stolen or received : provided that in the case of either of the charges aforesaid, or of any other charge whatsoever where a deposit may be allowed, the sum deposited shall not exceed twenty pounds. 8. Deposit to be forfeited on his non-ap-pearance. — Where any person by whom or on whose behalf any deposit shall have been so made shall have failed to appear at the time an 1 place fixed for his trial, the court shall name a day for the person or persons by whom the deposit shall have been made to show cause why the same should not become forfeited. If sufficient cause shall not be shown accordingly, the deposit shall be declared to be forfeited ; and where the charge shall be of theft or of receiving stolen goods, and it shall appear that restitution of the goods charged to have been so stolen or received as aforesaid, has not been or cannot be made, the court shall have power, upon application then made by the owner of such goods, or his representatives, to award to such owner or representatives such part of the forfeited deposit as shall be equal to the sworn value of such goods. The deposit, or in either of the cases last mentioned the residue thereof, shall be duly accounted for and paid over to the Colonial Treasurer or treasurer of the county or district for the use of her Majesty, her heirs, and successors, for the public uses of the colony and the support of the Government thereof. i 9. If convicted of Theft, #c, may pay four times the Value of Property-stolen, in lieu of other Punishment. — And be it further enacted that in case any person of the aboriginal race shall be convicted upon any charge of theft or of receiving stoled goods, either by the verdict of a jury or in the case of theft in a summary way before any police magistrate, every such .person may, after such conviction, and at any time before sentence passed, pay into the court jfour times the value of the goods so stolen or received as aforesaid. Such payment being made, no sentence shall be passed, but the ■person so convicted shall be discharged from •custody, and shall be in the same condition «in all respects as if he had received sentence iand undergone his punishment in the ordinary icourse of law. • 10. Jury to, find Value of Property-stolen. \ ' — In every case where any such person as shall be convicted by the verdict of the jury, the jury shall, at the same time, find the value of the property or goods so stolen or received as aforesaid. 1 1 . Value of Property stolen may in certain

Cases be awarded to Prosecutor: — Where'any such payment *s last mentioned shall have been made* the tome shall be applied ,»fid dealt with by the court in the manner hereinbefore provided in the case of a forfeited deposit. 12. Aborigines not to be Imprisoned for Debt. — And whereas while the aboriginal people remain ignorant of the operation of the law in civil cases, they cannot justly or safely be subjected to the more severe penalties thereof: be it further enacted, that no person of the aboriginal race shall be subject to imprisonment by virtue of any judgment obtained against him in any action or civil proceeding in any court.