SUPREME COURT. Criminal Sittings. Before Mr. Justice Stephen. September 1, 1852.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 741, 8 September 1852, Page 2

SUPREME COURT. Criminal Sittings. Before Mr. Justice Stephen. September 1, 1852.

The Court was opened with the usual formalities for the despatch of criminal business. Great punctuality was observed in the attendance both. of Grand and Petty Jurors. His Honor expressed to the Grand Jury" his satisfaction at the tightness of the calendar, the offences were such as not to call for any particular observations from him. John Butler, labourer, was indicted for stealing 6 Scotch caps and I piece of Scotch plaid on the 28th June, from the store of W. Rowlands, Lambtori Quay. J. T. Hanna, being sworn, stated— -I am a private of police y I' produce a roll of plaid and 7. Scotch caps'; I' got them from the prisoner on , the 28th . June, in the erening, »t the Police Barracks ; the prisoner was there, Mr. Rowlands brought him there ; I saw prisoner with the plaid under his arm when going into the barracks ;> I have had them in my possession ever since. « - > * > By the Court. — Tt was about 10 minutes after 6 in, the evening. Win. Rowlands' being sworn, stated — I am a storekeeper on Lambton-quay ; on the -28th June, at about \ to 6, I saw prisoner going into my store, and before I came up I saw him come out with the roll of plaid and these caps under his arm ; J took hold of him and Capt. Tinley laid hold of him too and assisted me in taking him to the Barracks ; I have every reason to believe that these Scotch caps are mine. By the Court. — I think prisoner took the caps, and . plaid ; . up- to 'the barracks ; I speak positively to this plaid being mine, I saw it on the mor mug of. the-28th., .By the Prisoner.-; — I should doubt .your having received that' parcel ..for carriage, because I saw you go in- and return out of my shop alone. * '•- The jury returneda verdict of guilty. The prisoner^was' sentenced to 6 months imprisonment witn hard labour. Patrick Hayes was indicted for escaping ' from custody on the 21st June last. R. JR. Strang, Registrar arid Clerk of the Supreme Court, produced the record- of the conviction of the prisoner for an assault. The > record was signed by S. Stephen, a Judge of the said Court, and dated 2nd June,' 1852. - R-. ,-Milis, gaoler at Wellington, proved- his having received the prisoner into custody -on that day. , y^' The escape was .proved by .other witnesses, and the 'jury returned a verdict of guilty. .The prisoner. was sentenced to two years imprisonment and hard labour, to commence from the termination of his former sentence. William Wright was indicted for having returned from transportation, having previously been convicted of a rape' for which he had* been sentenced to transportation for life. . From the evidence of Mr. Strang, Registrar' of the Supreme Court, it was' shown, from the criminal record of the v Court that the- prisoner had been convicted of arape on Ist. December, 1848, for which , he was sentenced to be transported for life, and this was further confirmed by the evidence of Mr. St. Hill; Sheriff, and bf G. Scctt, sergeant of police. Verdict— guilty. The prisoner- was sentenced to be -transported for life, but the~Jqdge" expressed ~a doubt bow far being found at large in New Zealand, after transportation, was an indictable offence, and said he would consider the point and see that .the prisoner got the benefit of it, if found in, his favour. -» .

CIVIL SITTINGS.- *. v'l \_ -*- < September 6th, 1852. , ~.~ Hicksonv. Higgie. This Was ah action to recoyef the price '^of certain- goods sold to the defendant, who' is a trader at Wanganui. The action 1 Was undefended. Thejur'y returned a verdicto££lo6'l ls.-Hd I . ' Mr. Ross appeared for the -plaintiff. .' ."- 'v > ! ". i ..'.. Waitt Smith. This was an action to recover]i£3r Is. and interest, the amount of a bill of exchange indorsed by the defendant to the plaintiff., .This action was also undefended. ' The Jury return- - ! ed a verdict'of £32 T 6s; -Bd., being the amount' of the c bill r with ' charges and 'interests . =It J may ' be tnetttioned as "a curious ; cbmcidence that there were eight Smiths on the" Jury. 0 -' :: ~ >r '" " Peacock v. Farther. **' ' ' i This was also an undefended action on ,a, promissory note for *73 10s., Sd. (< Ttie Jury

ireturded a verdict for the amo.unkwith interest. •Mr. Hart appeared for 'the Plaintiff. . . - One of the petty Jurors, whose name from -consideration to himself and his>family we omit, -having appeared in Court-in^a state of intoxication; and > disturbed the Court by noises and -by^making faces^and whispering to" the Jury, -was fined^£2 ; ?upon which he said. to the Court, -".He 'thought it was b — r yhard.to be fined," Jfor .this' he was.fined a further ,sum of £5.

■Last Friday*a Government Gazette contains the - following proclamations and announcements : i A proclamation notifying that the following Oridinances passed in the last session of the Legislative Council have received the Royal conviz., the Interpretation Ordinance, .the . Municipal Qualification , Ordinance, the Customs Duties Ordinance, the Census Ordinance, the Naturalization Ordinance, the Crown Lands Amendment Ordinance, the Building and Land Societies Ordinance, the Paper Currency •Amendment Ordinance, and the Sale of Spirits ". Amendment Ordinance ; a despatch from Sir .John Pakington with additional Royal Instructions relating to the Government Pasture Regulations ; a despatch from Lord Grey referring to. tbe-Grown-Lands Amendment Ordinance, so -far as they relate' to -the terms of pasturage; ,i.»nd\another despatch referringyto the case of the non'-resident-^Nelson" land proprietors, enidosing the' copy of a letter addressed to the committee" at Halifax. This last, with the despatch - referring to the Crown Lands Ordi- . nance, and the additional Royal Instructions, we consider of sufficient general importance to publish at length :—: —

• VICTORIA R. Additional Instructions to our Governor-in-Chief of New Zealand, or to the officer exercising the said office of Governor-in- Chief for the .time being ; To our Governor and Commander-in-Chief in and over the Province of New Ulster, or to the officer exercising the said office of Governor and Cotnmander-in- Chief for the time being ; To our Governor and Commander in- Chief in and over the Province of New Munster, or to the officer exercising the said office of Governor and Commander-in- Chief for the time being ; Or to our Lieutenant-Governor of the Province of New Ulster or to the officer exercising the said office of LieutenantGovernor for the time being ; Or to our Lieu-tenant-Governor of the Province of New .Munster, or to the officer exercising the said -.office of Lieutenant-Governor for the time .being. Given at our Court at Osborne House, Isle of Wight, this Eleventh day of March, 1852, in the fifteenth year of our Reign. *. Whereas by our Instructions under our Signet and Sign Manual accompanying our Letters Patent under the Great Seal of our United Itingdomf bearing date the 23rd day of December One Thousand eight hundred and forty-six, JWe'djd r among other things make-cerain Rules and Regulations respecting the.. Settlement of the Waste- Lands of the Crown-, which are comprised in the Thirteenth Chapter of the said Instructions. , - And whereas it was.provided by our said Instructions that nothing therein contained should rfpterfere w ith the. promulgation .by Us-as We nngbtMhVreafter be advised of any other, and further instructions respecting the occupation of lands forming part of the demesne of Us in right of Our Crown, in New Zealand by way of lease or licence for any term of years, or for any shorter time, but that such occupation, leases and licenses should be regulated by such further instructions as we should thereafter issue in pursuance of the Act made and enacted in the Parliament holden in the ninth and tenth years of Our Reign, intituled "An Act to make further provision for the Government of the New Zealand Islands." And it was further provided by our said Instructions that nothing therein contained should extend or be considered to extend to the temporary occupation of any lands forming part of the demesne of Us, in right of Our Crown, in ■New Zealand by any person or persons so occupying the same for the purpose of depasturing Sheep or any ether description of Cattle thereon, under any leases or licenses to be to any such person for that purpose granted ; but that whatever relates to any such occupation of any such'lands for any such purposes as aforesaid should be regulated by such further instructions as We should for that purpose issue, and in the meantime by such orders as should in that behalf be made by the Governor-in-Chief of New Zealand. Now therefore by these Our Additional Instructions under our Sign Manual and Signet We are pleased to declare and ordain that nothingin Our said recited Instructions shall extend or be considered as extending to the temporary occupation of any lands forming part of the demesne of Us, in right of Our Crown, in New Zealand by any person or persons so occupying the same for the purpose of cutting timber thereon, under any licence to be to any such person for that purpose granted, but that whatever relates to any such occupation of any such lands- for any such purposes as aforesaid shall be regulated by such further instructions , as We shall .for that purpose issue, and in the meantime by such orders as shall in that behalf j be, made by the Governor-in-Chief of New Zealand, Provided nevertheless that no person or persons so licenced as aforesaid, shall be allowed to cut or remove timber on or from such of the lands forming part of the demesne of Us, in right of Our Crown in New Zealand, as may have been or shall be reserved for the public use. , '.-,'-