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20. That the Court shall have all the powers over persons and property needful for enforcing its judgments which are possessed by the Supreme Court of New Zealand, and may for the maintenance of order in its proceedings, and obedience to its judgments, punish any person guilty of contempt by fine or imprisonment: Provided that no judgment as to contempt of Court shall be given until after open hearing within not less than twenty-four hours after the offence has been committed: Provided also that no land, the property of a Native of the Cook Islands, shall be liable to be sold to defray any debt or judgment of the High Court. 21. That, in the absence of a public gaol, the Court may declare any dwelling-house or other suitable place a temporary gaol for a special time and purpose. 22. Tha,t on the application of either party, and with consent of the presiding Judge of the Court, a jury of six may be empanelled in any case before the Court. 23. That upon the passing of this Act a copy thereof shall be forwarded by the British Eesident to His Excellency the Governor of New Zealand for His Excellency's approval, and if he approves the same (but not otherwise) the Act shall come into operation on a date to be named by him, being not sooner than the first day of January, one thousand eight hundred and ninety-nine. Passed. J. M. Salmon, Chairman of the Cook Islands Parliament.
Enclosure No. 2. (<< A.") Sic, — Earotonga, 28th September, 1898. Greetings ! The High Court Bill has been passed by my Parliament this day. I think that it will be good for the Maoris and foreigners. We know that it is good to have a European Judge, but we did not like Mr. Moss, nor the people that were his associates. These people did not wish well to the Maoris, but were working only for their own ends. It is the wish of us all that you should be the Chief Justice of the High Court, and we pray that God will bless you in your work, and grant you a long life amongst us. Enough. From your friend, Colonel W. E. Gudgeon, British Eesident. Makea.
Enclosure No. 3. ("B.") Parliament House, 28th September, 1898. Wβ, the Committee appointed to consider and study the words in the High Court Bill, have thoroughly gone into every detail of laws contained in all the clauses of this High Court Bill, and we now place before your Federal Parliament our thoughts. 1. It is agreed by us that the High Court Bill shall come into operation at the time fixed upon by the British Eesident, and which is agreed to by the Governor of New Zealand. 2. We, the Committee, also agree that Mr. Gudgeon, British Eesident, shall be appointed Chief Justice of the High Court. 3. Provided that, if wished hereafter, alterations and amendments may be made with the consent of the Parliament and the British Eesident. Ngamabu, Tita, n John Pakoti, Commlt tee. Taapi, Passed. J. M. Salmon, M.P., Chairman, Cook lelands Parliament.
No. 23. Lieut.-Colonel Gudgeon to His Excellency the Goveenoe. My Lobd, — Cook Islands : British Residency, Earotonga, sth October, 1898. I have the honour to forward, attached hereto, a resolution of the Cook Islands Parliament affirming the desirability of a change in the personnel of the Civil Service of Earotonga, viz.— Mr. J. H. Gamier and James Te Pou, alias Makea Daniela. I also attach a Gazette notice, which will show the steps taken to give effect to the resolution. In order to explain the position clearly to your Lordship, I may say that the Maori inhabitants of the Cook Islands have more than once objected to these officers, on the grounds that they were incompetent to perform the duties of their respective offices, and for this reason it had fallen to the lot of a Mr. Scard to do their work. Their objection to this arrangement was not unreasonable, for Mr. Scard occupies the position of accountant to Donald and Edenborough, who are not only the Government bankers, but absolutely keep the only Treasury accounts that are available. He is also the Government Auditor, and therefore, under the existing system, may be said to be auditor of his own accounts. The result of this unhappy combination of offices is that many Maoris, and perhaps a few of the Europeans, believe that the Government funds have been maladministered, and sven misappropriated. I have no reason to suppose that this belief is justified by facts, so far as Messrs. Scard and Gamier are concerned; but the situation was one that ought not to have been permitted to exist, since it was unfair to the officers themselves, and, with a suspicious people like the Maoris, was certain to injure the reputation of the Government.
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