DECISIONS SPECIALLY APPLICABLE TO

Wellington Independent, Volume XVI, Issue 1611, 23 August 1861, Page 4

DECISIONS SPECIALLY APPLICABLE TO

Section IV.— Modern Fine Arts. Class 37, Architecture. - . I."'1 ."' &8. Paintings in Oil and Water Colours . and '.••■' Drawings. , ;tt^' , ■:, ■" ■••: 39. Sculpture, Models, Die-. , n- '.■' ■'■>-■■' '.' sinking and Intaglios. '; '"- - " ■ 40. Engravings and Etchings. 110. The object of the Exhibition being to illustratethe progress and present, condition of Modern Art, each country will decide the period of Art which in jts : own case will best attain that end. - ' 111.' The Exhibition of British Art in this Section will ineludo the works of artists alive on or subsequent to the Ist' of May, 1762. 112. It is not proposed to award Prizes in-this Section. , 113. Prices will not be allowed to bo affixed; to any Work of Art exhibited in this Section. 1 14. Qne half of. the. space to be allot- €& to Section IV.wUlbe given to Foreign Countries, and one;half will be reserved for the works of British and Colonial Artists. ..... 115. ..The subdivision of the space allotted" to Foreign Countries will -bo made, after consideration of the demands received from the Commission, or other Central' Authority, o f eac h Foreign Country. It is, therefore, important that these demands should be transmitted to Her Majesty's Commissioners at the earliest possible date. 116. The arrangement of the Works of Art within the space piloted to each Foreign Country will be entirely under the control of the accredited representatives of that country, subject only to the ne:« cessary general regulations. 117. For the purposes of the Catalogue, it will be necessary that the Central Authority of each Foreign Country should furnished Her Majesty's Commissioners, on or before the , Ist of January, 1862. .with a. description of the several Works ,of Art which will be sent for exhibition, specifying in each case, the name of th© artist, the title of the work, and (when •possible) the date of its production. 118. The space at the disposal of Her Majesty's Commissioners for the display of British Art being limited, and it being, at the same time desirable to bring together as careful and perfect an illustration as possible, a selection of the works to be exhibited vYillbe indispeusible.

119. The selection of Exhibitors, the space and number of works to be allowed to each, and the arrangement of them, will be entrusted to Committees to be nominated by Her Majesty's Commissioners. 120. In the case of living artists, Her Majesty's Commissioners would desire to consult the wishes of the artists them-, selves as to the particular works by which they would prefer to be represented. The selection of works so made by the artists will notneoessarily be binding upon Her Majesty's Commissioners, but in no case 'will any work by a living artist be exhibited against 'his "-wish, if expressed iuwritiug, and delivered to the Commissioners on or before the 31st of Maroh, 1862. 121. Her Majesty's Commissioners will avail themselves of the following eight "Art Institutions of Ihis country in communicating with" artists who are m6mbers of those Institutions, viz. :— The Royal Academy. The Royal Scottish Academy. -.; The Royal Hibernian Academy. The Society of Ptiinters in Water' Colours. The Society of British Artists. The New Society of Painters in. ["■ ; Water Colours. .' The Institute of British Artists. The Institute of British Architects.. - . 122, Intending. Exhibitors in the British Division of Section IV., who are not members of any of the preceding Institutions, may at onco receive Forms of Demand for Space, by applying to the Secretary to Her Majesty's Commissioners. These Forms must be filled up and returned before the Ist of June, 1881. . . . By order, F. R. Sandford, ■ Secretary. Offices of Her Majesty's Commissioners, \454, West Strand, London, W.C. \oa ' ; * Several numbers tire left blank, with the view of incorporating future decisions. Warrant appointing Commissioners for International Exhibition of 1862. His Excellency Colonel Thomas Gohe Browne, Companion of the Most Honorable Order of the Bath, Governor and Com- ■ . ■• f mander-iu-Chief in and over Her Majesty's Colony of Nevr

i4v#is M'Elwain. The landlord would not accept the key : he said I was the tenant. The defendant then handed the key to one of the policemen wbo had me in charge. I then accompanied the policemen until I came to Larabton Quay. The policemen then told me I might po, but not return t» my residence— that is, not to go home again, meaning my bouse. I then wentaway and pot lodgings. Ihave not laid the charge before this in consequence of ray having been in the. hospital. The assault t»ok place about seveu or eight o'clock in the evening. It was past twilight. By Defendant :— I was inside the house when you came to my house. I got into the house. I opened the window, and went in. I swear that you seized me by the hair of my head. There was no person in the bouse when the defendant came to the house except iny- - Belf. By Mr. King -.—The reason I did not go in at the door was because it was fastened. I bad been arrested in the course of the afternoon, and deposited £5 to appear at this Court the next morning. I paid rent to the landlord on the 18th of April. 1 suppose Mr. Atcbeson had fastened the door, I therefore got through the window. James Newry, his x mark. Charles Millward, being sworn, states:- I am a corporal of police at Wellington. I was on duty on the 19th April last. My attention was directed about 7 p.m. to a house in Inges-tre-slreet. I proceeded to the spot, and found a constable, James McDonough, in altercation with Mr. Newry the complainant McDonougb, informed me that Newry was making a force able entrance into the house, and was also removing property from off the table which was Dear the window. McDonough told me that Newry had taken a looking glass. Defendant came up at the time, and some words ensued he* t,ween the complainant and defendant, and also M'Elwain. M'Elwain stated he was landlord of the house, and that complaiuant had been breaking the wiudows, and creating a disturb* nnoe. The front door was open, and I and Sergeant Major Atcheson, McDonough, and the landloid went inside. Ihe defendant asked M'Elwain if he acknowledged complainant as a tenant.. He distinctly said no, and that he wished him removed off the premises. The defendant requested the complainant to leave the house. He sat down in a chair, and said be wonld not go. The question was asked two or three times whether he was the tenant or not, and whether he should be removed. The land* lord taul he did not wish him in the house, and wished him to be taken away. The defendant •gain requested him to go, and be refused. The defendant then called upon me and McDonough to put him out of the bouse. We then took hold of one arm each and put him out of the house. Complainant then walked quietly with us as far as the "Nag's Head," Cuba Street. I requested him then to go home peaceably to Mr.Parkes', as it was believed he was staying there. I saw no more of him till the next day. By Mr. King ; — I thought that complainant wn*. staying at Mr. Paries', as I saw him about 6 o'clock that evening, and that there was some | furniture there belonging to complainant as he had said so. When defendant asked the landlord whether he recognised the complainant as tenant, he-was present and could have beard what was 6aid. McDonough was also present. 1 am quite sure that tlie landlord requested the complainant to be removed from the house. There was something said about rent. I don't know to whom it was said. The landlord did not say id ray hearing that morning that rent was paid. I beard complainant say several times that he had paid rent.

By the Court :— No person touched the complainant except myself aud McDonougb. I did not see any person touch the complainant besides ourselves. I cannot swear that nobgdy else touched him while we. had hold of him. We were all close together. The defendant told us to take care of the hands of the complain* •nt. I did not see the defendant touch the complainant. I will swear he did not touch him in my presence. Charles Millward.

James McDonougb, being sworn, states, I am a private of Police at Wellington. I was on duty od the 19th of April last. I was in Cuba-street about seven and eight o'clock in (be evening. My attention was called by Mr. Newry, who was raising a window and taking out a looking-glasses. I asked him what he was going to do with it. He said it was his property, and that he would do as he liked with it. I told him he should get proper entry into the house and that be should put it back again. He refused to do so. Defendant came up at that time and told him that he should not forcibly enter any bouse. He made some reply, and said the things belonged to him and would take them how he wished. The key of the door was produced and the door opened. I cannot say who produced the key. The landlord was present and Mr. Newry was there when I went up to the bouse. The landlord, M'Elwain, said at the time complainant was takiug the glass, that he did not think he had any right to toe property Complainant said the property belonged to him. The door was opened by (he defendant. When we went ; that is myself, the defendant M'Elwain, Corporal Millward and the complainant; the defendant asked M'Elwain if the complainant owned the house or was a tenant of his. He said no, be wa* not ; and I wisher] him to be removed as be was creating a disturbance about the neighbourhood more than he bad done before. The defendant then called the attention of complainant to what M'Elwain had said, and requested him to leave the house : he refused to do so ;he went and sat down in a chair, and said be would defy any one to lay a finger on him. The defendant then asked M'Elwaio if he wished to have him removed: he said yes. The defendant then called upon Corporal Millward and myself to put complainant outside the door. I laid hold of one arm, Corporal Millward the other, and requested him to come quietly out ; he said he would not. We then had to force him by. raisiDg him fiom the chair : he was veiy violent at the time : we got him outside ; the defendant called out to mind his hand. We came down with him through Cuba-street by the corner oi tb« "Nag's Head," when Corporal Millward told him to go home to Mr. Parkes'. We then left him ; I did not see him again. By Mr. King : — I heard the complainant say Le bad, paid the rent that he watt the tenant. He did not address himself to any one in particular. lam quite sure M'Elwain requested complainant to be removed fiom the house. I did not hear M'Elwain make any icply wfcen complainant said he was the tenant. I heard M'Elwain say tbatcomplaiuant faad.been making such a disturbance that be should not be able to let bis house again, and that be would sooner have it empty. Mis. Newry came up at the tame time that Corporal Millward and the defendant came up. I beard the defendant call her Emma and his nift . Mrs. Newiy said

the pioperty that was there was hers ; that was all that she said. The complainant took the glass out of the window. Mrs. Newry did not say anything about the complainant being removed from the house- '

By the Court : M'Elwain had sent for me about 6 o'clock. I had received instructions from the defendant that no one was to enter the house except by the door. M'Elwain told me the same eieuing that the house was his. No persou touched the complainant except myself and Millward. I did not see the defend, ant touch him. I did not see any one take hold of the complainant except myself and Millward. I did not see the defendant touch him. I did not see any one take hold of the com* plainant by the hair of the head.

Jambs McDonough. .•; Resident Magistrate's Court, Wellington, 15th May, 1801. Edward Henry M'Elwain, being sworn, states : lam a tailor and live in Ingestre street, Wellington. I remember seeicg Mr. Newry in Ingestre Street, an hour after dark in the evening of the 19th April last. Mr. NeWry came, and my dog made an alarm. I came out of my bouse. I asked him what he was doing there. He was in the next yard to my premises. I told him ho had broken the win* dows the night before, and that I did not wish him to come there and cause a disturbance, and be off. At this time McDonough, of the police, came up. I said to him the complainant had broken the window springs the night before, which I bad let to Mrs. Newry, and %bich was adjoiniug my house were I live. Thp complainant rose up the sash and took a large looking glass, in the presence of the constable, and insisted on taking it away. The constable said he should not. Just at the lime Mrs. Newry aud Mr. Atchison came, by. Mrs. Newry opened the door, and we all went in. When we got in Mr. Newry insisted in stop* ping in and taking possession of the house. I told Mr. Atchison that on the night previous, the complainant had said he would cut the child's throat and burn the house down. I told Mr. Atchison 1 should be thankful if he would take the complainant in charge as I< was fear* ful of my premises. Ho did so— put him out, and locked the door, and gave the key to the Corporal of Police, Millward, who is now in Court. Mr. Newry said he would lay down at the gate, and stay there all night, and watch bis property. Corporal Millward told him if he did &o, he would be compelled to take* him up under the Vagrant Act. With that Mr. Newry departed with the Corporal and the other constable, McDonough. I did not see him again till the next day, about 8 o'clock in the morning. Mr. Newry was outside the house when Mr. Atchison first came up. I am quite sure be was outside the house. I did uot see Mr. Atchison take Mr. Newry by the hair of the head ; if he had done so I should have teen it. I said Atchison caught Newry and walked him out of the house. He caught him by the shoulder and puibed him out; The key was offered to me by the Corporal of Police. I would not take it as there was furniture in the bouse. I told the Corporal I did not know Mr. Newry as my tenant. Mrs. Newry took the house of me in November last. I never made any inquiries whether she had any husband or not. I have received rent from Mr. Newry. He paid roe six weeks' rent on the morning of the 19th of April last. By Mr. King. — The complainant is the person who paid me the rent. He told me his oame was Newry; By the Court.— l told Mr. Atchison I recognised Mrs. Newry as the tenant. Mrs. Newry was present the wbele time of the dispute. I said the complainant was an imposter, and I requested Mr. Atcbison to put him out. There was nothing said about the rest at the time. Mr. Newry said he was the husband of Mrs. Newry, and took out bis marriage lines to shew me.

E. H. M'Elwain. Sworn at Wellington, this 16th day of May, 1861, before us. B. A. Ferard, R.M. James C. Crawford, J.P. Fined 405., aud costs 16s. 6J., in default to be committed ior fourteen days. B. A. Ferard, R.M. James C. Crawford, J.P. A true Copy. Bob*. S. Cheesman, Clerk to the Bench.

MR, STAFFORD TO SUPERINTENDENT OF WEL-

LINGTON. Colonial Secretary's Office, Auckland, , llth July, 1861. Sir,— The Besident Magistrate at Wellington has transmitted to the Honorable the Attarney General a copy of a letter dated the 27th of May last from your Honor, stating that in virtue of the power delegated to you by Governor Sir George Grey you remitted the fine inflicted by the Bench of Magistrates on Frederick Atchison on the 15th of that month. Thi3 subject having been brought upder the consideration of the Government, I have to state that your Honor is mistaken in supposing that you possess the power of remittiog fines and sentences of imprisonment. Such a power was certainly professed to be /given to Superintendents by Governor Sir George Grey under a Circular letter, dated sth August, 1853, from the Civil Secretary, but it is clear that Sir G. Grey ould oiot delegate the power of exercising the Boyal Prerogative of Mercy con* ferred on him by a Special Cum mission from Her Majesty. Moreover, that professed delegation, whatever might be its value, expired when Sir George Grey ceased to be the Governor of the Colony. It was indeed renewed by Colonel Wynyard, as Officer Administering the Government by a letter dated 22nd January, 1855, shortly after the departure of Sir George Grey, but the present Governor has not at tempted to grant any similar delegation. ! I have also to point out that the mode in which your Honor has used the assumed power is open to the most serious objections. The Koyal Prerogative of Mercy is exercised according to certain well defined rules, and no Goiter, nor the Crown itself, assumes the positfiSn taken by you in tins case. Your Honor has constituted yourself a Court of Appeal on a a question of fact and without hearing witnesses or the parties, but as it appears, siruply, on reading depositions, the authenticity of which even may be doubted, you have reversed the decision of one of the ordinary Courts of Justice of the Colony. It is impossible to conceive any principle more unconstitutional in theory, and, if adopted as a rule, more fatal to the due administration of Justice than that the Executive nay use the Koyal Prerogative of Mercy for the purpose of rerersing the decisions of the Courts of Justice.

It is a matter of minor importance, but I roust express the dissent of tbe Government from the view taken by your Honor of the merits of the case against Atcbison. From a copy of the depositions transmitted to the Government it is clear that an assault was com* mitted. I merely notice this, because it might be inferred,, if I did not do so, that the Govern

ment coincided in the opinion expressed by you that the charge against the defendant is not " iv the slightest degree supported." I have, &c, E. W. Stafford. His Honor the Superintendeut of Wellington.

DR. FEATHEBSTON, SUPEBINTENDENT OF WELLINGTON TO THE COLONIAL SECRETARY. Auckland, July 19th, 1861. Sib, — I have the honor to acknowledge the receipt of a letter from the late Colonial Secretary, of the 11th inst, in which he informs me that I am mistaken in supposing that I possess the power of remitting fines and sentences, oi imprisonment ; that such power was professed to be given, by Sir George Grey and Colonel Wynyard, but that the present Governor has not attempted to grant a similar delegation, — also, that the mode iv which I have used the assumed power is open to seiious objection, inasmuch as I have constituted myself a Court of Appeal on a question of fact, and without bearing witnesses, but simply on reading depositions, the authenticity of which even may be doubted,! have reversed the decision of one of the ordicary Courts of Justice of the Colony ; .and, moreover, tbat the Government dissents from the view of the case taken by me, because in the depositions it is cleai tbat an assault was committed.

, With respect to the first point, T beg to refer you to the return of the remission of penalties by Superintendents laid on the Table of the House of Representatives by command of His Excellency in the Session of 1860, in which it appears that out of forty-seven cases in which fines and sentences of imprisonment were re* tnitted between 1853 and November, 1859, tbiity-one of them were remitted during the administration of the Government of this Colony by the present Governor; and twenty-nine of these during the period in which your Predecessor held office ; circumstances which I must be allowed to say, are somewhat at variance, and inconsistent with the statement that the present Governor has not attempted to grant any similar delegation to tbat granted by Sir George Grey. If there has been no express delegation of the power, yet I contend that the confirmation by His Excellency of the remission of the penalties and sentences, and the absence hitherto of any expression of doubt on the question, must be deemed an implied delegation and confirmation of it.

I must also be permitted to express my very gieat surprise that, after so many remissions by other Superintendents have been assented to, exception should be taken to the present, the only instance in which I have exercised the powers fora period of six years aud a half, and the fouitb only since I have held the office of Superintendent— a period of eight years. I quite concur with the late Colonial Secretary tbat the Prerogative oS of Mercy is exercised according to well defined rules ; but I dissent altogether from his assertion that no Government nor the Crown itself assumes the position taken by me in the case in question. The Prerogative of pardoning is very commonly exercised in cases where, although the law, may be broken, the offender may be placed in such circumstances tbat he will stand in a great measure and perhaps be wholly excused in moral and general justice though not in strictness of law.

Id the present case the depositions, which it is to be presumed contained the evidence, or at all events that poition of it on which the dcci* sioo was formed (and which were not open to the doubt suggested), clearly disclose a charge not corroborated or supported by a single witness or circumstance, while the defence is substantiated by three witnesses, whose evidence was unimpeacbed. The defendant was the Head of the Polict Force of Wellington, acting in discharge of his duty. The plaintiff was provoking a breach of the peace ; it was not the junction of the defendant to determine the mat* ter at issue between the plaintiff and one of the witnesses out of which the disturbance arose, whatever force was used on the occasion was necessary and consequent on the improper conduct of the plaintiff himself, and was therefore justified. The magistrates, I considered, were in error in treating the case as one of ordinary assault and as there was no tribunal to which tho defendant could appeal, I deemed it a fit case for my interposition. I had an iuterview with the Resident Magistrate on the subject, at which the depositions in my possession were produced, — and of the authenticity of which no doubt was then suggested ; the depositions were also perused and considered by my Executive, and, acting by their advice, I directed the Provincial Treasurer to pay the fine, and subsequently remitted it. I have, &c,

I. E. Featheeston, Superintendent of Wellington, The Hon. the Colonial Secretary, Auckland. COPY OF CIRCULAR LETTER ISSUED BY GOVERNOR BIR GEORGE GREY TO THE SUPERINTENDENTS | OF TBE VARIOUS PROVINCES. . Civil Secretary's Office, Wellington, sth August, 1853.

Sin, — As it i» probable that persons, particu lady seamen, belonging to vessels trading to the ports of tbe Province, will be frequently sentenced to short periods of imprisonment, in whose cases there may be many mitigating circumstances, — and, as it would, perhaps, frequently be unadvisable to detain those persons, in such cases, in gaol until an application could be made to the Officer administering the Government of the Colony to obtain a remission of their sentences,— and as, in like manner, persons will often be sentenced to fines aud penalties which it might, under peculiar circumstances, be desirable Id remit at odcc, without incurring the delay of a referente to the Governor; ' < I am directed by Governor Sir George Grey to acquaint you that, in all cases of the above nature, where persons are sentenced to uudergo a peiiod of imprisonment not exceeding three months in duration, or to a five, penalty, or forfeiture, not exceeding Twenty pounds, which { may accrue or become payable to the Crown, His Excellency will confirm the immediate remission by your Honor of tbe whole or of any part of such sentence ; Provided that no delay occurs in reporting the same for His Excellency's information, accompanied by a detail of the circumstances of the oase, together with a statement of the grounds which have led you to take a favourable view of it.

But in delegating such powers to your Honor, His Excellency desires it to be understood that in tbe event of his differing from the view taken of any such case by your Honor, His Excellency would not be precluded from remitting the penalty, or punishment, which your Houor might have refused to do. I have, &c, Alfred Domett, Civil Secretary. His Honor tbe Superintend out.

COPY 01? CIRCULAR LETTER ISSUED BY COLONEL WYNYARD TO THE SUPERINTENDENTS OF THE VARIOUS PROVINCES.

Colonial Secretary's Office, Auckland, 22nd January, 1855. Sib,— -With reference to the circular letter of the Civil Secretary, dated sth August, 1853, empowering your Honor to remit minor seutences of imprisonment and penalties, I am directed by the Officer administering the ! Government to inform you that His Excellency in Council has been pleased to sanction the continuance of this authority to cases only which have been heard and determined iv a summary way by a Resident Magistrate or Justices of the Peace. I have, &c, ■ I Andrew Sinclair, | Colonial Secretary. His Honor the Superintendent.