Native Court Rules and Execution Notice




404
THE NEW ZEALAND GAZETTE.

  1. When the Court is divided in opinion the
    President shall have a casting vote.
  2. Evidence and statements to be taken by the
    Clerk of the Court on oath or where necessary by
    affirmation.
  3. The evidence or statements after being read to
    the parties making them shall be signed by the Presi-
    dent of the Court.
  4. The Court may be adjourned by the President
    to such time and place as he shall deem necessary.
  5. Decisions being given in Court, shall together
    with evidences be recorded in a book by the Clerk
    kept for that purpose.
  6. It shall not be competent for the Court to
    entertain any case which has already been disposed
    of, by former Land Commissioners Courts or by any
    action of the Government.
  7. Disputes or objections made to Government
    purchases previous to this Act coming into operation
    in this District can only be entertained when re-
    ferred to the Court by order in Council.
    Approved in Council the 28th day of October, 1864.
    G. GREY.

FORSTER GORING,
Clerk of Executive Council.

IT is recommended, in accordance with a Resolution
passed by the District Runanga of the Bay of
Islands, that the Fees and Fines paid into the Native
Circuit Court, from the First day of July to the
Thirty-first of December 1863, amounting to Sixty
Pounds (£60,) be appropriated for the building of
Court Houses in the District.

That a sum of Seventy Pounds (£70,) be appro-
priated from the Fees and Fines of Circuit Courts
towards defraying the expences of building a house
of accommodation in connexion with the District
Runanga.

That a sum of Twenty Pounds (£20,) be appro-
priated from the Fees and Fines of Circuit Courts, to
meet expences incurred in entertaining Europeans
who attended the District Runanga.

Approved in Council the 28th day of October,
1864.
G. GREY.

FORSTER GORING,
Clerk of the Executive Council.

WARRANT

Appointiny Henry Tacy Clarke, Esq., a Civil Com-
missioner under the "Native Districts Regulation
Act, 1858," for the District of Tauranga.

By His Excellency Sir GEORGE GREY, Knight
Commander of the Most Honorable Order
of the Bath, Governor and Commander-in-
Chief in and over Her Majesty's Colony
of New Zealand and its Dependencies, and
Vice-Admiral of the same, &c., &c., &c.

WHEREAS by an Act of the General Assembly
of New Zealand, intituled "The Native Dis-
tricts Regulation Act, 1858," power was given to the
Governor to appoint Districts for the purposes of
the said Act, and to make and put in force regula-
tions within such districts in manner and subject to
the provisions of the said Act: And by the same Act
it was provided that such Regulations should be
made as far as possible with the general assent of
the Native population affected thereby, to be ascer-
tained in such manner as to the Governor might
seem fitting: And whereas by an Order in Council,
dated the twenty-ninth day of September, 1864, the
Governor hath appointed a district therein described
to be a District for the purposes of the said Act:
Now therefore I, the Governor, do hereby appoint

HENRY TACY CLARKE, Esq.,
to be a Commissioner for the said District, to be
termed "The Civil Commissioner for the district of
Tauranga" for the purpose of ascertaining such
assent of the native population as aforesaid, and for
such other purposes as shall be hereafter prescribed
by Law to act in all things subject to such instruc-
tions and regulations as shall from time to time be
given in that behalf by the Governor.

Given under my hand, at the Government
House, at Auckland, thistwenty-seventh
day of October, in the year of Our Lord,
One Thousand Eight Hundred and Sixty-
four.
G. GREY.

By His Excellency's command,
WILLIAM FOX.

Certificate of Execution of Alexander McLean.

Attorney General's Office,
Auckland, 25th October, 1864.

THE following Certificate and Declaration are
published in conformity with the provisions of
the "Execution of Criminals Act, 1858."

FREDERICK WHITAKER.

WE do hereby testify and declare that we have
this day been present when the extreme penalty of
the Law was carried into execution on the body of
Alexander McLean, convicted at the Criminal Session
of the Supreme Court held at Auckland on the fifth,
sixth, seventh, and eighth days of September last,
and sentenced to death, and that the said Alexander
McLean was, in pursuance of the said sentence,
hanged by the neck until his body was dead.

Dated this twenty-first day of October, in the
year one thousand eight hundred and sixty-four, at
the Gaol, Mount Eden.

L. O'Brien, Sheriff
P. Flynn, Gaoler
George Dreadon, Turnkey
Job Perkins, Overseer
Thomas Cooper, do.
J. W. Kirley, Gatekeeper
Jas. Cooper, Overseer
R. Oliver, do.
Edward Phillips, do.
George Martin, do.
Patrick Moylan, do.
Ellis James Palmer
Samuel Mills
William Hunter
Francis Allwood
Wm. Bartlet Carybrige
Charles Dike, Overseer
prison works
Wm. Wilkinson, Reporter
Daily Southern Cross.

Samuel Barton
J. B. Foster, Armed Police
W. A. Meredith, do.
Robert Lloyd, do.
Robert Lernahan, do.
R. Kelcher, do.
Wm. Cristall, do.
James Murphy, do.
Andrew Clarke, do.
Edgar Brees, do.
Jas. M'Lean Clark,do.
Bernard Greene, do.
Thomas Wallace, do.
Robert Donnelly, do.
James Canry, do.
Charles Clarke, do.
Francis Lipsy, do.
Denis Macklaren, do.
Henry B. Clarke, do.

I, THOMAS MOORE PHILSON, M.D., the Medical
Officer in attendance at the execution of Alexander
McLean, at the Gaol, Mount Eden, do hereby certify
and declare that I have this day witnessed the ex-
ecution of the said Alexander McLean at the said
Gaol, and I do further certify and declare that the
said Alexander McLean was, in pursuance of the
sentence of the Supreme Court, hanged by the neck
until his body was dead.

Given under my hand this
twenty-first day of Oc- (T. M. PHILSON, M.D.,
tober, 1864, at the Mount
Eden Gaol.
Provincial Surgeon.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1864, No 42





✨ LLM interpretation of page content

🪶 Continuation of Bye-laws for the guidance of the Native Land Court, Bay of Islands (continued from previous page)

🪶 Māori Affairs
28 October 1864
Native Land Court, Bye-laws, Court procedure, Evidence, Decisions, Government purchases
  • G. Grey
  • Forster Goring, Clerk of Executive Council

🪶 Recommendation for appropriation of Native Circuit Court Fees and Fines for District Runanga expenses

🪶 Māori Affairs
28 October 1864
Fees, Fines, Native Circuit Court, Court Houses, District Runanga, Expenditure
  • G. Grey
  • Forster Goring, Clerk of the Executive Council

🪶 Warrant appointing Henry Tacy Clarke as Civil Commissioner for Tauranga District

🪶 Māori Affairs
27 October 1864
Warrant, Civil Commissioner, Tauranga District, Native Districts Regulation Act, Governor
  • Sir George Grey, Knight Commander of the Most Honorable Order of the Bath, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same
  • William Fox

⚖️ Certificate confirming the execution (hanging) of Alexander McLean in Auckland

⚖️ Justice & Law Enforcement
21 October 1864
Execution, Supreme Court, Death sentence, Hanging, Mount Eden Gaol
  • Alexander McLean, Executed by hanging

  • Frederick Whitaker
  • L. O'Brien, Sheriff
  • P. Flynn, Gaoler
  • T. M. Philson, M.D., Provincial Surgeon