AN EXPLANATION.

Waikato Times, Volume X, Issue 575, 27 January 1876, Page 3

AN EXPLANATION.

Sir, — In 11 ptragraph in your isHue of Saturday •Ou thin': proper to nail the attentiin of th>public to wt'ftt you tire plfnsud t » tertn un evfitioriimry miil-id-nimslTrttio.i of tho law, ir.nkinj; at; the >-a .ie t>nn< assert 10113 us 10 the im-ftpiirfty of the presiding; Justice oji the occiivoi. The cas" you at hide to, that of Roge Sinter, wd+ heard in Nove nher, prior, I presume to your advent into the Kdilo'ial stiff of the J iMiH, mid as I niM endraiour to show, differed very iniitormlly in roini>!exion to the v,o!onng yn'i put 11 poii it, I feel cc>nnn»ed that ydui" ir.fjiuiant bus no connection with jour pnpc, but whower he' may be, whether a lore sictf Fvraine, or some ina'ii'toils individual wishing <o t*ko n dastardly sh&fc 'fonder co\erof the great Editorial " we," v ha* ha's '-furnished you with n garbled and untruthful "report. The case was vmply thu : Boso Hinted was mied by the Trustee iv tlif insolvent estate of Joseph for goods sold an.t di'lnei'"d. Before the hewing was gone iuto, -the point was raUed by defendant's 'Ooun*o! tnat she was a minor and could not be sited. Ne'er having hoard a ctae of the kinl -argued during an experience of many years on the biuuli, 1 was undor the 'conviction, in common with many ohat3, jthat ulinors wero -eXfinpt Lorn liability i« m* f tors of deb' 1 but this rnipress.on w.%3 qirckly d'Sinllod bv the arguments ud.iun-d by .Cju'ispl tor plfiint'lF. 1 huvo taken sonit trouhle to lo >k up Hiq Authorities quoted Oi the 0c0.131011. 'J'he follovriug are a «ew of thoae bi ought to b-.li' upon the c.wo Dicey in his lreati-ooa " Partin? to au Aitnn" in Rule 63, lnys down iirat of all the -^tnaral 1 riooiple time aa infant rnnnot 1)3 sued and then proceeds to givd exceptions lo the rule, oim of tliein bung contract* fur ueeessariod, on page 20i it is statoJ (niti'i'l.a) "aii'lvheie t.hfy corifruct for ncu'srfa'ieo they »re Rb^oluk-.y boiuiil ; and thu likoorißt is in bdmguit^ to ln/anli for it they were not allowed to bind themselves for uecev ■ariQs no jersop> would trust >thenij 111 which caio they would be in worse circumstances tbin pesons of full age." Tben as to what are necessaries as applied to an infant the laroo authority Htales "that the word necessaries extends bejdnd the tense which is given it in ordinary conversation. It not only includes such articles as are Decenary to the support of lifo, but extends to articles lit to Maintain the particular person in the station and degree of lifo in which he 13 placed." 'It instances that " a SI omnibus ride may be * necessary for a clerk, but a carriage may.be to for » person ink difftirmit positioa." Thu is only one of the numerous authorities quoted on the occasion bub I hare no doubt, if required, the counsel in the case will furnish the other. The amount of the claim was £1 14s Id, and waa made up of the following items which were pro Ted by the mother to bo necessaries — vik ; Ladies jacket 19s Cd, red .flannel, wincey, brown calico belt, »nd elastio 14s Id and 6d for> lollies— to much for your statement that ' 0 great portion of the original claim v>nn for lollies' To thoso irlio will take tho trouble to look into the law of the case I feel certain they will arn?e at< the conclusion that my brother magistrate and I had no alternative but to give a verdir^ against the lair defendant. Magistrates hare lrequently uijpleimut duties thrust upon thorn but are bound to administer the law as they find it irrespective of uge or sex. Sweet youth and distant eiul old age stand upon tho same lovel, to use your own motto we hare to deal out 'exact and equal justice to all men' without oonsideiation to age or station ; lliese and other like distinctions fill more within the province of tensational writers and pandering pyjophnnls I beg to sa\ that 1 hare hitherto looked to the Presses an upholder of the di^iul.y of our liw Courts, but tbo insulting and degrading man ifr iv which you hare alluded to the B^uch tends only to bring tho Court and thoso presiding in it into contempt. Granting f>r the sake of argument that an error of judgment had been committed— aud mistakes do occur in higher 'Jourtd and more important cases than that in question — it would notjustity the remarks you haro thought proper in make 1 behore that no one 111 the community like- a b >ld, fearless, and impartial Prats moru than I, but Ihnto qualities should be tempoied with disci r-tion. When I am found tripping ia any public capnci'y I shall not ask. to be spared, and you will find me aa ready to receive hard knock's as J am to give thorn when deserved. In conclusion, I say with you UihtU a chance for the evening paprrH ; if they havo not already given you some iusi;ht into tiie law of infancy, it it only because yjur paragraph has been overlooked. I am not afrafd or ashamed 10 say that one of the presiding Justices on the occasion wu» your most obedient servant. — Rbt Wm. Hammond.