NEW ZEALAND SPECTATOR AND Saturday, July 31, 1852.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 730, 31 July 1852, Page 2

NEW ZEALAND SPECTATOR AND Saturday, July 31, 1852.

Some misunderstanding as to the nature of a contempt of the Supreme Court^ap-' pearing to exist, and the Independent of last Wednesday having put forth a ridiculous report of the proceedings, and an article on the subject which, although full of errors, misstatements, and absurd assertions, is likely to mislead a portion of the public, we'' subjoin-' (from the 14th edition of Blackstone, vol. 4, p. -285) a short statement of the law respecting contempt of the Court of Queen's Bench, premising that the Supreme Court here has ..exactly the same authority in all respects as the Court of Queen's Bench at home. Blackstone enumerates seven species of contempt usually punishable by attachment, that is by a- summary exercise of the jurisdiction of the Court. 1. Contempts committed by inferior Judges. 2. Those committed by Sheriffs, Bailiffs, Gaolers, and other officers of the Court. 3. Those committed by attornies. 4. Those committed by jurymen. 5. Those committed by witnesses. 6. Those committed by parties to, any suit or proceeding before the. Court. 7. Those committed by any other persons. " Some of these last mentioned may arise in the face of the Court ; as by rude and contumelious behaviour joby obstinacy, perverse^ ness, or prevarication ; by breach of the peace, or any wilful disturbance whatsoever : others in the absence of the party; as by disobeying or treating with disrespect the King's Writ, or the rules or process of the Court, by perverting such process to the purposes of private malice, extortion, or injustice ; by speaking or writing contemptuously of the Court, or Judges, acting in their judicial capacity ; by printing false accounts (or even true ones without proper permission) of causes then pending in judgment ; and by any thing in short that demonstrates a gross want of that regard and respect, which, when once Courts of Justice are^deprived of, their authority (so necessary for the good order of the kingdom) is entirely lost among the people. The process of attachment, for these and the like contempts, must necessarily be as ancient as the laws themselves. For laws, without a competent authority to secure their administration from disobedience and contempt, would be vain and nugatory. A power, therefore, in the Supreme Courts of Justice, to suppress such contempts, by an immediate attachment of the offender, results from the first principles ofjjudicial establishments, and must be an inseparable attendant upon every superior tribunal. It is a part of the law of t the land ; and, as such, is confirmed by magnacarta." That Mr. Robinson's letter, published in the Independent, was writing "contemptuously of a Judge in his judicial capacity," and that it " demonstrated a gross want of "regard and respect for a Court of Justice," we hold that no man in his senses can doubt for an instant. It was then acontempt, and, as such, to be dealt with by means of the summary process of attachment. That process, and that process alone, was the proper one for the occasion, as would doubtless have been insisted on, if any but that process had been resorted to. The truth is, that a grave offence had been committed and promptly punished, according to law, of which nobody whose opinion is worthy of the slightest respect complains, except the offender and his co-adjutors. Such complaints are in the usual order of things on similar, occasions, . and cannot affect a power which will not be questioned. It is, from necessity, supreme and arbitrary, and therefore will be obeyed by all who are not indisposed to uphold the very foundation of law and order.

By the Sea Belle, which arrived last night, we learn that the Persia had arrived at Nelson from London, her mail having been brought on by the Sea Belle. llhe Sea Belle left Nel--son on Tuesday last.

The temporary lighthouse erected by Mr. Mills by order of the Government on Pencarrow. Head was lighted for the first time on Wednesday evening last, and is likely to answer the purpose exceedingly^ well. The sailing directions for which, wef are informed, will be drawn out in a few days.

Death by Drowning. — We are sorry to record the death by dr©w]|L#g of Mi 1 . T. Hansboro, late second mate of the' Stag. Prom what we have been able to loam, it appears that deceased was out sailing in a boat belonging to Mr. Soulby, which has lately' been rose -upon with the intention of. pj&pceeding round the coast, and that while engaged \m getting the boat about the boom of one of the sails struck de-

ceased and knocked him overboard. Every exertion was made by th^se on board to save deceased, but without effect.

We are requested to call attention to Messrs. Bethune & Hunter's s.ale of Dairy Cows, which will take place, as advertised, on Wednesday next. (

The schooner Twins arrived from Port Victoria and Kai Koras, having left Port Voctoria on Monday last ; by her we learn thg schooners Sea Bird, Will o' the Wisp, and Wave, from Wellington, arrived on the 24th, the schooner Mary had also arrived from Wairau. Neither the -Samarang nor the- Perseverance had arrived when the Twins left.