CIRCULAR LETTER ADDRESSED TO THE NATIVE ASSESSORS.

Maori Messenger : Te Karere Maori, Volume II, Issue 7, 13 March 1862, Page 13

CIRCULAR LETTER ADDRESSED TO THE NATIVE ASSESSORS.

The following is a Circular Letter addressed to the Native Assessors appointed under the "Native District Courts Act, 1858." The powers with which they have been invested are clearly defined in the document now published for general information. We strongly recommend our friends the Native Assessors to give it a careful perusal.

[circular.} Native Secretary's office, Auckland. &R,-~ I am directed by His Excellency the Governor to in form you that you have been appointed an Assessor of the Resident Magistrate for <the Native District at nnder the " Native Circuit Courts Act, 1858." .

With this letter, you will receive a wart rant of appointment under the band of this Governor,—also a copy of the Native District Regulation and Native Circuit Courts Acts, 1838, with Ma*ri translation. The latter of these Acts defines Hie duties and powers which belong to your office: it'is, therefore necessary that you should make yourself acquainted with its provisions. In order to assist you in doing this, and to enable you to understand as clearly as possible the work appointed you by the law, I am instructed by Hit Excellency to direct your attention to those portions-of the Act which are most necessary to be understood by you, and to point out the duties assigned to* you in the administration of justice under its provisions. You will observe that it is first of all necessary that a district should be appointed by th& Governor, within which the Act is to be in force. The now sent to you recites the boundaries of tbe district within which the jurisdiction given to you, in conjunction with'a Resident Magistrate, may be exercised. Your district was appointed by the Governor and bis Council on

and a .notification of its appointment was published in tbe Maori Mmmjer of k Resident Magistrate bas also been appointed by tbe Governor to bold Courts in your district, and to direct and assist jrou in tbe administration of justice according' to law. These Courts are to be called " Native Circuit Courts."

The Native Circuit Court is formed by the Resident Migistrate, with one or more Assessors.. It has power to try persons charged with certain offences, and, on conviction, to inflict the punishment prescribed by law. Most of the offences which may be tried by this Court will be found in the list of criminal offences contained in the summary of tbelaws translated and published by tbe Government, and are those which are there stated to be triable by Justices of tbe. .Peace or a Resident Magistrate. Tbe Native Circut Court may also try offences against any regulations whicb may be made by the Governor under the Native Districts: Regulation Act, 1858." All cases of offences triabfe by the Native Cirduit Court, dKceptoSgpces for which the law,directs that & fineexceeding £5 may be inflicted, may be heard and decided by the Resident Magistrate and the Assessor or Assessors tilling with him.: In cases of offences .triable by the Native Circuit Court for which the law directs that

a penalty exceeding £5 may be inflicted, the accused must be tried by a Jury, "who, «>n hearing tbe evidence, must taj[ wbether they think himto be guilty or innocent. In such cases it is the duty or the Assessors sitting with the Magistrates to form a list of thirty-six. men, from whom the Magistrate must select twelve for a Jury. This Jury, which must never number fewer than eight persons, ■tries the accused, and must declare whether in their belief he committed the offence laid to his charge or not. If they cannot agree ipon a verdict within four hours, the Magistrate and Assessors inay then, if ihey think proper, decide the case. If the Jury declare the accused to be guilty, the Couct—i.e., the Magistrate and Assessors—may, at its discretion, either convict and punish, or discharge him, or direct that he shall be brought again before the Court. If the Jury declare the accused to be not guilty, he must be discharged. Cases of more serious offences against tbe law, such as are slated in " Nga Ture" to be triable in the Supreme Court, cannot be tried in the Native Circuit Court, but m;iy be enquired into by ii, and evidence may be beard by it respecting such offences. Persons suspected of such offences may be summoned or apprehended and brought before the Court for examination, and may be committed for trial by it. Offences of this kind must be enquired into by a Jury to be formed in the same way as described above. The duly of the Jury is to hear and consider tbe evidence brought against the accused, and, having done so, to declare whether there is reasonable ground for suspecting him to be guilty of the offence charged against him. If they say there is reasonable ground for suspicion,* the Resident Magistrate and Assessors may then commit the accusedvto take his trial in a higher Court, or they may direct that he shall, be brought up ftgain for examination, or, if they think it right to do so, may discharge him. If tire Jury say there is no reasonable ground for suspicion * the accused may not be committed.

Any person charged with an offence, to be tried or enquired of by the Native Circuit Court, may object to any of the persons selected as jurymen, to thei number of six, and the Resident Magistrate must substitute, others in the place or the persons ejected to, the persons so substituted to be chosen from amongthe by-standers, or he may postpone ibe irialor enquiry.

The proceedings of/the Courtrin tryirig or enquiring into offences are desoribedin i 43 to § 47, p.p. of the Introduction to Nga Ture. The Native Circuit Court has also power to hear and decide all cases of complaint arising teMween< parties both of whom are or tterNative ( race f iwhere the wrong complained of is of thai kind which the low a Howes to be atoned for by compensation fro in the nynring to llie i«jured party. In such cases, .if either party, before ihe commencement of the hearing, request thai I)be ease nipy he tried by a jury, the Uesideni Magistrate and Assessors may, if they think proper* order that the case shall be so tried: it will then he the doty of the Assessors silling vith the Resident Magistrate, to make a lisi of eighteen men from persons then present or liying within 10 miles of the place where lhe ; Court is sitting.' From these eighteen : six are lo be selected by let for a Jury. This Jury must never be fewer in number than four. If, however, the parlies agree, a Jury may be formed consisting of either fewer or more than six persons, but these! must be selected in the manner described! above. Any of the persons selected as Jurymen, lo llie number of three, may be objected to by either of the parties, and the Resident Magistrate must substitute others in iheir place to be chosen from among the bystanders. The jury must give an unanimous verdict, and, the Court must give judgment according to their verdict, but may prescribe such conditions for satisfying the Judgment as may appear just and reasonable. If the Jury cannot agree upon a verdict within four hours, theymusi be discharged and the cause must stand over until-ihe next sittings of' the Court. The Native Circuit Court may also have jurisdiction in certain cases between Europeans and Natives, and also between Europeans. There are cases arising under Wy regulations which may be made by the Governor and his Council under the " Native Regulation Act, I8a8." Buch cases may be bojrdund decided by the Hesident Magisiraie and his Assessors in the same manner as the case previously described where both .parties are of the Native. Race. The proceeding in the trial of these cases is described in 40 and § 41 of the Introduction to Nga Ture. ,The .Goyernor with his Cquncil may limit the Jurisdiction of the Native Circuit Court, to cases in which the amount claimed does not exceed a certain sum. All questions brought before the Native Circuit Court, which are not triable (?) by a

Jury are to be decided- according to the opinion of the Resident Magistrate, where bis.opinion is concurred in.by the Assessors fitting with Him, or hv the majority of thorn. When the majority of the Assessors do not agree with the Resident Ma&istrate in opinion as to lhe : decision~ io be given, the case must remain undecided. The Resident Magistrate and the Assessors .may; with the consent of the jury, take part in their deliberations on any question submitted to them. Summonses may be issued by the Native Circuit Court to pariiesv in cases to be heard by it, also Summonses to witnesses to appear and give evidence in such cases, also •Summonses to persons charged with any offence, and these Summonses are to be signed by the Resident Magistrate or by the Resident' Magistrate and one or more Assessors, or by two Assessors. Warrants to apprehend persons charged with any oifence, or to commit such persons for trial in a higher Court, are 10 be signed either by the Resident Magistrate, or by (lie Resident Magistrate and one or more Assessors. Convictions ahd Distress Warrants are also to be similarly signed. When a Distress Warrant is issued by the Native Circuit Court to be executed in any Native District other than that in which it was issued, it must be endorsed by at least one Assessor residing in the district in which it is intended to be executed. The fees to be taken by the Native Circuit Court upon any proceedings, may be fixed by the Governor and his Council. The Governor will appoint persons to receive the same with the fines inflicted by the Court. These fees and fines will be expended under the direction of the Governor in the district in which they are received.

The Governor and his Council may make rules for regulating, the practice of the Native Circuit Court in criminal and civil cases. On a careful perusal of the Act under which you are appointed, you will observe that the Assessors—excepting such as may be appointed by the Governor under ihe xxxu. clause of the Act—have no independent jurisdiction given to them by law, but certain powers are given to them when associated with a Resident Magistrate. It is important that you should clearly understand this,in order that you may not, through want of knowledge, assume powers with which the law has not. invested your office, or exercise such powers under an erroneous impressibn thai iri so doing you are acljng

lyjder He qnU)Qr|lJ Qf Ifee Government. In connection with this Subject,, you will •understand that the Governor does not wish to interfere with you in settling cases of dispute which may be voluntarily referred tp you as a Native Chief, for arbitration, bill it is necessary that you should he fully *\yare tliat such jurisdiction does not appertain to. your office as Assessor, and that your decisions will be binding only so far as tliey liiay be acquiesced in by the parties con'lhe Act under which you are together with the Resident MaCourt Ordinance, lays down rules for >:qu£ guidance, and defines, the duties of yo ( ur office, aijd no. proceedings for which Authority cannot be found in these Act* will have s*nx fegjril sanction. A European Ma* gistrate has also been appointed to instruct. guide you, and it will be your duty to appty to him for direciian in all matters pertaining to youi; office and to follow his advice. You must also understand that no authority is given you by law to demand fees or levy fines, except when sitting with a Resident Magistrate in Court. Fees and Hues belong to the Queen and can be lawfully, received only by. persons appointed bv lier a ulhorily for the purpose. If takgn by »ersops ; not, authored to receive them, they cannot be paid into her Treasury, and W cannot be legally disposed of in any VKay. Tb? parlies from whom they may have been iqiproperly, taken, 011 discovering iba; \ver,e levied without authority, will consider themselves, aggrieved, and will be lesSj disposed lo obey properly cousii luted authority vfhen called upon to do. so, while tjie ; imprqperly demand money ip name of the law, will incur Grst the dislike, ancj ultimately the contempt of the people 10. whom tliey profess to dispense jitftics according, to layr. Without arrogating- to yourself ao authority nQI cpnleri'ed, upon you by law, you will find ample eaiploymeai, for your energies; apd talents seeding tp ipsirupt the people, and;inspire them, witha, respect for the law, apdin teachiug them Iw.ej&fcpple andprecepi tojjej&a, ready the decisions of! ifc now e*ta&l jifted 10. ydtir. disjtrict. Iti.tbejtyl|.coufjdencettyu.you will use your eff<jM?ls 10 this, and endeavour to youi? ojßce faithfully apjl cpnwteqcioqsly to the best of your a N^y».ty* Gpvernpcj has.enirusied yoji, with of wWob is. now PWd in ; y#ur,hai)d r I