RESIDENT MAGISTRATE'S COURT. Wellington, 9th July, 1847.

New Zealand Spectator and Cook's Strait Guardian, Volume III, Issue 203, 10 July 1847, Page 2

RESIDENT MAGISTRATE'S COURT. Wellington, 9th July, 1847.

Before HitfßY St. Hill, Esq./R.M.T Gooden v. Nicol. William Nicol appeared upon summons to answer the charge of having refused to support the male infant of Caroline Gooden, of which it is alleged he is the fath-r. This case was adjourned from Monday last in consequence of the illness of a witness, stated by Mr. Ross to he a material witness, for the defence of his client. ' Mr. Ross took an objection on the sth clause of the Destitute Relief Ordinance, which provides that " On complaint on oath made before any Justice of the Peace by. the mother of any European or half caste illegitimate child, it shall be lawful lor &c." He argued that a child born in New Zealand could not by any construction be a European child. The Magistrate overruled this objection, he observed that a reasonable construction was to be put upon the, words " the mother of any

European child.*' He believed the rule to be that too much stress ought not to be laid on the literal meaning of the Ordinance, and that the spirit and intent of the legislature ought to be regarded in the construction of the words in question. Mr. Ross then took an objection to the jurisdiction of the Court, which was also overruled. Mr. Ross'* witness being still confined to the military hospital by indisposition, the case was adjourned until such time as Mr* Cator, on the pait of the complainant, and Mr. Ross for the defendant, could ascertain when the witness would be well enough to attend.