RETURN OF CASES BETWEEN EUROPEANS AND NATIVES IN THE RESIDENT MAGISTRATE'S COURT, AND DISTRICT COURT, BAY OF ISLANDS.

Appendix to the Journals of the House of Representatives, 1863 Session I, D-11

D.—No. 11.

RETURN OF CASES BETWEEN EUROPEANS AND NATIVES IN THE RESIDENT MAGISTRATE'S COURT, AND DISTRICT COURT, BAY OF ISLANDS.

(In continuation of papers laid on the Table of the House on the 28th October, 1863.)

A U CKLAND:

1863.

D.—No. 11-

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A RETURN of all Cases between Europeans and Natives, tried in this District, from the 1st day of January, 1860, to the 19th day of October, 1863, showing the Decision or Verdict in each case, and the number of cases; specifying those cases in which execution followed judgment.

RETURN OF CASES TRIED AT MONGONUI.

No. i Date. Plaintiff. ! Nature of Offence. Decision or Verdict in each case. Execution followed Judgment. Defendant, 1 2 "I860. January 10th Neri James Shepherd ... James Shepherd ... Neri Debt, £15 2 11 Detaining a Calf Awarded with costs. Calf to be returned. Defendant to pay costs. Awarded with costs. Awarded with costs. Awaixled with costs. Case dismissed. Settled out of Court. Awarded with costs. Time given. Paid into Court. Paid into Court. Paid into Court. Paid into Court. Awarded with costs. Time given. Paid into Court. Awarded with costs. Settled out of Court. Settled out of Court. Settled out of Court. Dismissed. Fined 20s. and costs. Paid. Dismissed. Costs divided. Severely reprimanded. J7 3 4 5 7 8 10 11 13 15 16 17 19 21 22 March 2nd John Smith yy • • • it ■ • • Peneamini John Smith D. Murray S. Yates " Popota... A. Murray E. S. Yates Karena J. Shepherd Heremaia and Naihi (Assessors) J. Smith E. S. Yates H. D. Snowden ... R. J. Adamson ... Papakura. Piripi Hoeta Matin J. SlackMu Mahui Irihapeti Tamutra Raliarulii Parahiku Honi Ngapo R. Matthews Jack Hori Te Horohinga E. Pattison Haora A. Shepherd Matiu Pirimona Tiopira Kurawa Reneta Debt, £2 0 0 Debt, £4 I 10 Debt, £7 11 8 Debt, £0 S 5 Debt, .£1 0 0 Debt, £9 1 0 Debt, £21 3 9 Debt, £0 10 0 Debt, £0 7 0 Debt, £2 1 9 Debt, £8 13 0 Debt, £0 15 0 Debt,£42 16 0 Injury to a horoe. Injury to a horse. Debt, £3 4 0 Debt, £0 3 (3 Assault. Assault. Threatening language and conduct. Debt, £20 3 0 Debt, £2 17 0 Debt, £0 18 0 Debt, £1 3 0 Debt, £0 10 0 Debt, £0 10 0 j> jj »» 7) J» JJ ?J » March" 13th „ 21st June 5th » „ Gth „ 7th August 8th „ lGth „ 17th 23 24 2G 27 28 Sep. 13th Awarded with costs. Awarded with costs. Awarded with costs. No appearance. No appearance. No appearance. ?7 >? „ 27th Oct. 25th Oct. 25th.

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RETURN OF CASES TRIED AT MONGONUI.

No. Date. Plaintiff. Defendant. Nature of Offence. Decision or Verdict in each case. Execution followed Judgment. 29 30 31 32 Nov. 22nd 1861. Jan. 25th March 1st Wakataka Maka Makaure W. Deeruess P. E. Sherman ... Bell Thomas Phillips ... Hiwi Killing 4 pigs, value £4. Assault on Eliza Bell. Debt, £3 0 0 Robbery from a shed at Otengi. Debt, £3 10 0 Stealing a shirt. Debt, £1 18 0 Debt, £0 7 8 Cattle Trespass. Cattle Trespass. Cattle Trespass. Debt, £5 4 0 Felony. Stealing a Pig. Detaining a Horse. Debt, £27 0 0 Stealing a pig, value 15s. 6d. Case dismissed. Settled out of Court. Awarded with costs. Time given. Fine £20, £5 of which to be given to Plaintiff as compensation. All paid No appearance. Dismissed. Awarded. Awarded Settled out of Court. (Settled out of Court. Settled out of Conrt. Awarded. Committed for trial to Supreme Court. Case dismissed. Case dismissed. Awarded. To pay £2 in a month. Value of pig to be paid to Beldeu, who purchased and afterwards gave up the pig; the remainder to the Court. All paid. Fined 20s. Settled out of Court. Settled out of Court. Settled out of Court. To pay 20s. for defendant and costs. 33 34 35 36 37 38 39 40 41 42 43 44 45 April 4th „ "llth „ 25th June 27th July 29th Aug. Cth Sept. 25th Oct." llth J. Collins Queen ... Walter Puckey ... Hohepa Matin Tauhara ... S. Yates I. W. H. Clarke ... Honi Tana S. Yates W. Whitehead ... Honi Buuyan Makirini Wiki 'I iopira John Clarke J. Norman S. Campbell Pene Kaiapa* Mika A. Murray Hiremeui Wirikaki 46 47 1862. January 16 th „ 21st J. Scott Heteraka <fe other N atives Wipuha John Norman Assault. Trespass of pigs and sheep on potato and corn crops, damage 30s. Debt, 15s. Debt, £4 16 0 Killing pigs, value £3. Debt, £6 0 0 Stealing honey. 48 4a 50 51 52 February 26th April llth May 2nd June 26th J. Dunbar S. Bowyer Komene William Butler ... James Jerram Piri Te Pera J. Wrathall Nopera Puru Te Konihu Decision or Verdict in each case. Awarded. (Paid by Tipene.) To pay 20s., to be handed to plaintiff as compensation. Paid. Dismissed with a severe admonition, there being no felonious intention. 53 ji Hetei'aka E. Matthews, Senr., Taking goods detained for freight, from Heteraka's house, without leave. Driving away and causing the loss of a cow. 54 t M. Mawer Kaiwaka Dismissed.

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RETURN OF CASES TRIED AT MONGONUI

No. Date. Plaintiff. Defendant. Nature of Offence. Decision or Verdict in each case. Execution followed Judgment. 55 56 57 July 22nd Oct. 1st M. Ma wen John Smith Hare Peka Whereohia TeWharo D. Murray Bob. TeTi Hioata Karaka Assault. Debt, £8 12 0 Value off a pig, killed by defendant's clog. Killing a sheep, the property of plaintiff. Do. do. do. Debt, £5 0 0 Case dismissed. Case withdrawn. 20s. awarded, and to pay costs. Paid. 58 n 3rd R. Matthews Case dismissed. 59 „ 3rd 1863. » Case dismissed. 60 Gl 62 63 64 65 66 67 68 | j February 6 th 7th 20th ft » 1) >» W. Butler W. Maxwell W. Butler }} jj ... it Wiremu W. Butler n Honi Kingi, Ararna Karaka, and Rapihana Heteraka Tipene ... Wirikaki Wi Kaitaia Kapo Tara S. Yates Paetai Pero Pero Theft of plaintiff's pig. Debt, £9 8 0 Debt, £4 8 6 Debt, £14 18 7 Debt, £1 14 0 Damage to crops, £10. Debt, £11 11 3 Debt, £3 12 0 Awarded, (paid Feb. 17, £2, March 26, £3.) Defendant to pay value of pig, £4 5s. and fined to the Court, £2 15s. 0. Paid £2 10s. Awarded £8. Paid. Awarded £1 o 6. Awarded £10 8 7. Awarded £1 10 0, including expenses Awarded £4. Awarded. Paid £1 17 0. Withdrawn. Wrong person summoned. Awarded. Paid £2 1 8, a boat given as secm-ity. Awarded. Paid. Charge withdrawn. Cautioned and dismissed. Awarded £2. Paid and handed to plaintiff. Settled out of Court. To replace the fence, or pay 30s. and costs. Settled out of Court In these cases no ) further proceedings ■ have been taken at \ the request of J Plaintiff. > Same as above. 69 11 11 I) ... Herewini Debt, £12 8 6 70 71 72 73 11 J» March 27th April 14th Kati ... M. Mawer Billy Wright Tana J. Frear Wiremu andTe Karihi John Wrathall ... Debt, £8 13 0 Killing plaintiff's pig, Stealing peaches. Six week's hire of horse £3. 74 75 „ 21st 11 11 W. Butler M. Mawer Hoani Tana Manuera Debt, £20 15 0 Destroying a fence. 76 May 12th W. Butler Reihana Terangi Tuhaha ... Te Nan An acknowledgement note, £3. Price of sheep killed by defendant's dog, £2. Claim of £12, price of a bullock. 77 „ 30th M. Mawer Charge withdrawn. 78 June 9th Thomas Philips ... Defendant to return the Bullock or pay £10 into Court.

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W. «. A^IIITE, 'Resident Magistrate. RESIDENT MAGISTRATE, MONGONUI, TO THB HONORABLE THE ATTORNEY-GENERAL. Resident Magistrate's Office, m Mongonui, June 13th, 1862. I Lave been requested by the friends of Kaiapa, wlio was convicted of breaking into Air. Butler's store, and sentenced to twelve months' imprisonment, to beg his Excellency the Governor to remit the remainder of his sentence. He was committed on the 29th July, 18G1, and sentenced in September following. There is therefore but a short time for the sentence to expire, and I would beg his Excellency's favourable consideration of their request. I have the honor to be, &c, W. B. White, Resident Magistrate. Ihe Honorable the Attorney-General, Auckland.

It, d. FOUNTAIN TO Till-: RESIDENT MAOISTKATE, MONGONTTI\ Attorney-General's Office, Auckland, 12th July, 1862. * SIR, In reply to your letter of the 13th ultimo, urging the Governor's favourable consideration of the request of the friends of the Native prisoner Kaiapa, that the emainder of his sentence may be remitted, I am directed to inform you that his Excellency has seen no reason for interfering with the sentence of the Court, B. G. Fountain, For the Assistant Law Officer. The Kesident Magistrate, Mongonui.

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RETURN OF CASES TRIED AT MONGONUI.

No. Date. Plaintiff. Defendant. Nature of Offence, Decision or Verdict in each case. Execution followed J udgment. 79 1863. June 19th Matthew Mawer ... Paeara Damages £2, sheep destroyed by defendant's dog. Paeara, Toha, and Tuhna each to pay £1 6s. 8d., Being £4. Paid into Court, and handed to Mr. Mawer. Awarded. Neiho and Timoti Popota ... l securities. Each defendant to pay into Court £6 5s.,being £25. Fines paid. .£8 Gs. handed to Capt Butler. £ 10 14s. paid | to Bab-Treasurer. Defendant to pay into Court £2, to be i given to plaintiff. Defendant died two days after conviction. Pig returned. 80 July 28th Henry E ichardson... Panro Debt, £2 1 0 81 Aug. 7 th William Butler Thomas, John Abraham, and William ... Stealing 8 bags gum, value £8 6 0 Sept. 4th J. W. Lambley ... I To Einga Detaining a pig, value £2. 82