Poverty Bay Standard. PUBLISHED EVERY TUESDAY, THURSDAY AND SATURDAY MORNINGS. TUESDAY, JULY 18, 1882.

Poverty Bay Standard, Volume X, Issue 1101, 18 July 1882, Page 2

Poverty Bay Standard. PUBLISHED EVERY TUESDAY, THURSDAY AND SATURDAY MORNINGS. TUESDAY, JULY 18, 1882.

An old Latin proverb says “The height of law is the height of injustice,” and it would appear, if we are to judge from a recent decision in tho R.M.’s Court, to which we are about to refer, that equity and good conscience arc not much preferable to law. Before the R.M.’s Court appears a Native man named Hoani Rurv who issues a summons against another Native, one Nikoba, to which summons is attached the following bill of 11 particulars of demand s”— "Nntoaj KrpAViiA to Hosni F.vmr. 11 To cost, inov.rred bv ins in prosecuting vein claim against Win lATA Mosiv in tbn Native Lan-i Court rite owi.r of Nalirw Land Court, datod lot’s F.'hrusiry, IHaii, vUim mnrtr on I'r.palu Htussk—£2,” When tho ease camo on "or hearing there was but cue on the Bench, which by that reosot; wr.a tso-i-e-sartly incompetent to er.

the ease. Mr. Robinson, the Solicitor for the defendant, drew the attention of the Bench to the fact that both defendant and plaintiff being of the Native race, two Assessrswere by law necessary to the good and legal conduct of the case. The Bench, with some exhibition of warmth, admitted this, and while adjourning the case for the purpose of procuring the services of a second Assessor, actually charged the cost of such adjournment to the defendant. Thus saddling him with a cost for which the Court itself alone was clearly responsible. Now this may be the “ height of law,” but we really fail to see the fairness or reason of it. Why should the defendant be made to pay for the laches of the Court? Why punish the defendant because the Court, as improperly constituted, is incompetent to deal with the case brought before it ? Say for instance a defendant is sued for £100; from some canse, it matters not what, on the day of hearing there are two J.P.’s on the Bench, but no R.M. Would the cost of adjourning tho case until the R.M. could sit, fall on the defendant ? We trow not! Then why should it do so in the case here referred to ?

At the next calling on of the case the Court being complete by the presence of a second Assessor, is competent to hear and decide the case, in which, on proceeding, the plaintiff admitted that he never acted for Nikoba and never prosecuted his claim against Winiata MoeaU, as his plaint clearly alleges, or against anyone else, but that he claims on an order of the Native Land Court. Thereupon Mr. Robinson very properly asked for a nonsuit, but this the R.M. declined to allow, and ordered that the plaint, or particulars of demand, be altered to suit tho evidence given by the plaintiff. This again may be the “ height of law,” but we contend that the plaintiff must prove his case as alleged in the plaint, or be nonsuited, or else judgment must go for defendant, If this were not so plaintiffs would always make their plaints obscure, or indeed, would bring their plaints for anything but what they were really and actually prepared to prove ; then, at the eleventh hour, when the defendant appeared with his witnesses to rebnt the demand as attached to the summons, the plaintiff would suddenly change front, and alter his bill of particulars to suit his case, and the defendant, who came prepared to answer a totally different claim would be taken by surprsie, and, without doubt, would fail.

The plaintiff then at the last moment, makes a total variation of his plaint and says he demands £2 for an order made by the Native Land Court on the defendant. Thia order was in the English language and had no interpretation endorsed on, or annexed to, it, it was was shown to defendant by plaintiff, who taid. it was an order of the Court, etc. Mr. Robinson submitted that such exhibition by plaintiff was no service, and here we quite agree with Mr. Robinsox. Were any order made by the R.M.’s Court, the District Court, or even the Supreme Court, wo feel quite confident that none of those Courts would dream of enforcing it on a Maori sought to be affected by it unless a good and sufficient interpretation into the Maori language were attached to it I Take for instance a judgment summons I If then none of these Courts would enforce one of their own orders upon a Native without interpretation being attached, how is it fair or just that one of them, the R.M.’s Court, should enforce an order of the Native Land Court which is unaccompanied by any such interpretation ? How can they fairly seek to affect a Maori by service of an order in an unknown tongue? How should we as English people like to have legal documents served upon us in Maori? or in High Dutch? or in Japanese? This, however, is nothing when “equity and good conscience” are brought to bear upon it.

Lastly, Mr. Robinsox argued that a re-hearing in the Native Land Court affecting this order having been applied for “no further proceeding can be taken until such application has been decided,” and the defendant in support of Mr. Robinson's argument, stated on oath that he had made such application, that its receipt had been acknowledged by tho Native Land Court Office, and that ho had transmitted tho necessary stamps.

Now this seems to us to bo just as good proof as could possibly have been given. Surely no anno person will contend that the defendant ought to have snbpomad the Native Land Court Office from Auckland to prove tho application? Then, if not, what better proof could have been given than tho oath of the defendant ? Especially since that only became necessary by reason of the plaintiff having altered his plaint. But, once again, we have the “ height of law.” Sir. Robinson is told that “strict legal proof is necessary. Sir. Robinsonbeinga lawyer by profession is hardly likely to bring forward anything else. So what may be the interpretation placed by the R.M. on that phrase we are at a loss to know, unless, as we have suggested, it moans bring, ing down the Native Land Court Office from Auckland. The camel's back was fairly broken by this last straw of legal acumen, and Mr. Robinson gave up the struggle, accepting the “ height of law " with resignation. Still his acceptance does not convince u» by any moans of tl|e legality nf molt lat'J, while wo thoroughly deny its equity.

J.P.n Foi-bee w;u> the vuwoMfui tendorei* fcr the traction of tba oertego in Carnarvon Street, rwwtit’y K.lprtp.'.l by Mr Filinqran, grehjlyct.

Horace Greely said that a man who paid more for store rent than for advertising was a fool.

The Annual Meeting of the Gisborne Benevolent Society is to be held to-morrow evening in McFarlane’s Hall.

An extraordinary general meeting of the Poverty Bay Cricket Club is announced for to-morrow evening.

Shareholders in the Gisborne Permanent Land Building and Mutual Investment Society are requested to leave their pass books with tho Secretary for the annual examination.

Midshipman Easy’s triangular duel was nearly being repeated lest night, Financial, Architectural, and Smithy interests very nearly clashing. Dear boys! you should never let your angry passions rise. Mr D. Malcolm Orr advertises that he has for sale at the Haymarket first-class samples of seed wheat, barley, and oats, specially sheeted from Canterbury. Ho has also in stock a quantity of bone dust. Farmers should not neglect this opportunity. At the Police Court on Saturday, Esther Thomas after receiving a severe lecture from the 8.M., was ordered to contribute ten shillings a week towards the support of her two children recently sent to the Auckland Lome Street Industrial School. The Australian Joint Stock Bank at Grafton, N.S.W., was successfully stuck up last week by a bushranger who managed to get away with notes and gold to the value of £29,000. Ho gagged tho accountant. So far as we know he has been neither identified nor caught os yet. Messrs Mort & Co., of Sydney, have concluded their annual sale of stud sheep. There was a large attendance of buyers, and the competition was keen. The bidding throughout was spirited. 950 sheep passed under the hammer realising the handsome total of £20,257.

In “ Answers to Correspondents " (wo were unable to answer correctly) tho “ Sydney Mail” says Commodore Goodenough was attacked with poisoned arrows at Santa Cruz Island, the largest of the group of that name, on August 12th, 1875, and died on the 20th, while in command of H.M.S. Pearl. He was buried in St. Leonard's Cometry, North Shore, Sydney, on the 24th of the same month.

The well-known Sydney firm of Mort & Co., Woolbrokers and Stock and Station Agents, has boon amalgamated with Golclsbro’ & Co., (Limited). The present partners in the former firm will continue tho active management of tho combined Company and retain a largo interest as shareholders. The Companys new wharehousos at Darling Harbor, will, when finished, provide storage capacity for 50,000 bales of wool.

Tho scarcity of firewood in Gisborne just now is a constant source of complaint, and yet there is enough on the beach between tho Big Hirer and tiro Murowai to supply the town for six months to come. If some enterprising speculator were to arrange with the Natives for its purchase, a very handsome profit could ba made, as some of the wood which has been collected and stacked is of really first-class quality, and admirably adapted for household use.

Mr M. Hall, on Saturday last, had on view a magnificent assortment of locally made sets of harness, specially to order. Yesterday this spirited tradesman received a large consignment of saddlery &0., direct from England, and was busily engaged in opening it up. The articles have been secured with a particular view to the requirements of the district, and no doubt the plucky importer will meet with the patronage he so well deserves. We hope to give particulars of the stock in our next issue.

Mr F. D. Luekie, tho Secretary of ths Hawke’s Bay Jockey Club, has kindly forwarded us a programme of tho Spring Meeting, on October 3rd 18-82. The first race on the list is the Hawkes' Bay Guineas (105 sots), then follows the Handicap Hurdle Race (60 sovs), Spring Handicap (200 sovs), Trial Plate (30 sovs), Maiden Plate (50 sovs), Flying Handicap (75 sovs), and a Hack Race of (15 sovs). Such a tempting bill of fare should induce some of our local sportsmen to have a cut in.

Ehe steam fire-engine practice yesterday can scarcely be termed satisfactory, and there must be something radically wrong. With a pressure of 1701b5., 150ibs. on the delivery hose, and two one-inch nozzles a jet of 25 yards only was obtained. With 801bs. of steam, 700 ft. of hose, and a one-inch nozzle only al5 yards jet was secured. Mr Brown, tho engineer, is of opinion that the valves require to be looked to, the bearings stripped, and the glands packed. This, wo understand, will be done to-day. We bad almost omitted to state that steam was got up in 9 minutes.

We uro sorry to have to report that Mr Albert Pritchard on Saturday afternoon last sustained a very nasty accident. He was riding home on a young horse and when near “ Tip’s” corner, at Makauri, the animal fell, and, rolling on its rider, very severely bruised his leg from tho knee to the ankle. It is a wonder that no bones were broken as the severity of the fall is proved by the fact that the solo of Mr Pritchards boot was completely torn off. Our popular clerk of the course lias been compelled to take to his bad, but wo trust that in a very short time he will once more show his smiling face amongst hie many friends.

A retired livery stable keeper visited the scene of the schooner Isabella’s disaster, and was listenting attentively to all the nautical pbrasos which were being used by those present who were conversant with such matters. He was particularly astonished when tho, to him, I ,familiar words “ Dead Eye ” were mentioned, and instinctively looked around for the clever youngster who played “ Dick Deadeye " in tho Pollard Juvenile Troupe, but of course fulled to see him. When a remark was however made about hawse pipes, lie could stand it no longer but burst out “ Well I'll (at this stage ho spoke in French) if I can a horse about the place, Ist alone toll anything about tho state of his pipes." It is needle., to state there was an audible smile,

Some unwholesome scribbler being tho “ our own (East Const) correspondent ” of the Auckland “ Weekly News ’’ does his level best to cast a slur on the Southern Cross Petroleum Company and praise up the South Pacific. In bis clumsy way he says that he and Sir Charles McMahon will remain in their unbelief, that is to say, that there is neither oil or paraffin at tho former Coy’s site. It is rather melancholy to contemplate the existence of such perversa natures in our littlo community, nevertheless it Is a fact that there I are a number of persons who would do a I large amonnt of injury to gratify some private | pique am! to tho same extent os the dirty bird ; that fouled its own nest, We hare very littlo hesitation in saying that neither this precious correspondent nor sir Charles MeMahpn have the slightest previous knowledge of oil country to guide their little judgment, thertfore of course they are fully qualified to slang every undertaking they please, wail-knowing thin in tho case of a Company that has neither soul or b.idv to he <l—4 or kloko-L It -iiu neither urmthematlze or kick an imtiaubl'ul or anonymous soribblor. Fortunately there are per* sons of experience wim believe in the co.aa jldes of both Co npanics, and moreover who "are wlliing to stake money that both luivo already stint. It oil,

The resignation of Mr 11. Eyre Kenny of his Offices of District Judge, Resident Magistrate, and Trust Commissioner, and the appointment of Ed. Hardcastle, Esq., to be Judge of the Hawke’s Bay District, are gazetted.

An exchange says —Mrs O’Connor, mother of the little girl at Greytown for outraging whom the man Ellis received so severe a sentence from Mr Justice Richmond, must be a queer charactes. When she was put in the witness-box in the Supreme Court, she very deliberately inquired before she was sworn, who was going to pay her expenses. Judge and jury, and even the prisoner, could not repress a smile. The difficulty was overcome by bis Honor explaining that all witnesses would have reasonable expenses paid, and Mrs O’Conner thereupon took the oath and gave her evidence.

The Gisborne footballers says tho IT. J 3. Herald wes to visit Napier in a fortinight, and the Napier Football Club have decided to hold their annual entertainment on Tuesday the 25th inst., when an interesting programme will be put foward at the Theatre Royal. A Gisborne gentleman, who will come down for the football match, has promised to render valuable assistance on the occasion. The purpose of the entertainment will commend itself to a Napier audience, as the proceeds are to be devoted to taking up, on behalf of tho Football Club, shares in the Napier Recreation Ground Company, so that in future matchse may be played in town. Tiio Herald informs ua that the Gisborne gentleman alluded to is Mr M. H. Smith.

The schooner Isabella now lying on the beach midway between the Big River and the Murewai, was visited on Sunday by several persons who are more or less interested in her. She is a stout Hobarton built vessel constructed principally of blue gum, and her timber is as sound as it was on the day she was launched. The only weakness observable was at the stern post, but. this could easily be remedied. She lies embeddied somewhat in the sand with a list to starboard, and has about three or four fee of water in her at low tide. Her nose is almost nor’-wost, and she is broadside on the sea. We have been informed that it is the intention of the gentlemen who purchased the vessel, to strip her of tho running gear, sails, and all that is movoabic, and then to sell tho hull, with tho lower spars standing rigging, windless, and all fixtures.