THIS DAY.

Poverty Bay Herald, Volume VI, Issue 857, 7 August 1879, Page 2

THIS DAY.

Malicious Injury to Property. Martini Kaipau, Moahiahi, and | another Native, were charged under the. , 24th section of the "Malicious Injury to Property Act," with unlawfully entering upon the land of Phillip Bond, I Matawhero, and wilful destruction of his property. Damages were laid m the nominal amount of one shilling. Mr. J. T. Rogan appeared for the complainant,. and Mr. J. W. Nolan for the defendants. Mr. Rogan requested that the summons be amended, m order to make the defendants provide sureties for the keeping of the peace, and wap proceeding with the case, when the Chairman said that the Bench had decided that they could not deal with the' charge m a summary way, and that they had con* eluded to remand the case until after the hearing of a previous charge against the same defendants. Had it not been that these cases were coming on tomorrow they would proceed with this one, but as the decision m this case might prejudice the defendants, the Bench would prefer not to proceed with it, and that the defendants should be tried before a responsible Magistrate. Mr. Rogan said that similar cases had been dealt with summarily oh the West Coast, and that there were important interests involved m the charge before them. It was a very great hardship for the complainant that he should be subjected to repeated injury by reason of the Natives entering upon and ploughing his property. There was a full bench of Justices, and there was nothing m the present case of a nature to preclude it from being dealt with m a summary way. . -•-' Mr. Nolan : I would prefer the case to be remanded until it could be heard by a Magistrate. Mr. , Rogan : No doubt my friend would prefer it tp be remanded for 20 years. • .*.■.-• .-" ; - ; •■ . The Bench-: We hate l already all decided not to try the case summarily, but will remand the defendants until after the hearing of the case to-morrow. Mr. Nolan ; .It. was, very hard for defendants when most of the Bench were interested m land purchases that they should sit m judgment on * case of this nature^ •: ..• . . Mr. Braasey S The case does not only affect private individuals, but all of Her Majesty's subjects m the Colony, and if such proceedings were not prevented, they might lead to serious consequences. The marked way the Magistrates had dealt with the charges against the Maories on the West Coast ' Vas sin example of the manner m which the present one should be treated. Mr. Nolan : I object to any. allusion' to the proceedings at the West Coast. Mr. Brassey : I submit that if the Bench comes to auy decision they should bind over the -defendants m substantial securities so as to prevent them, from perpetrating any of the acts complained of. ■'''■■- - '.' /;,. •:■';• The Benoh adjourned the case to Thursday, the 14th 'instant, and bound over the defendants m two sureties of £50 each, and personal recognizances of £50 to appear on remand. Wi Pere and Hapi Kiuiha became sureties for the defendants.