The Globe. SATURDAY, SEPTEMBER 15, 1877.
A case of illegal imprisonment has been disposed of by the Public Petitions Committee, and the case referred to the Government with a recommendation that the offending Justices, Messrs Daldy, Isaacs, and O'Neill, of Auckland, be called on to show cause why Reparation should not be made bjr them to pc*i£i oner anc * her 8on » Bn< * *^ e event of not doing so, that they be called on to resign, or be struck oft the list of Magistrates. The particulars of the case, as published in the Weilington papers, are as follow:—A Mrs. McManus had a sou apprenticed to a Mr. Eoth. of Auckland. On the evening of the Queen's Birthday the lad, MeManuu and a fellow apprentice went fo the Itoatee, returning home
at eleven o'clock. They were refused admission, and had to sleep elsewhere. Next morning they presented themselves before their employer, but he refused at first to take them, but afterwards said he would take' them back. }(e asked them to come along with him, and he took them to the Police Court, where they were brought before the Magistrates we have named. The lads were brought up without a warrant being seen, and McManus sentenced to one month's imprisonment with hard labor, and the other boy to twenty-four hours' imprisonment. The evidence of Mrs. McManus, when before the Committee, was to the effect that she felt that her son had been treated with great injustice, and that she resolved to bring the Magistrates to justice. From the evidence it appears that she consulted Mr. Bees on the subject. He advised her that there were two courses open, to take an action againist the master for malicious prosecution, and against the Magistrates. He declined to proceed against the Magistrates, as one was his client. However, an action against Both was taken in the District Court, and the Judge directed that owing to the conviction • not having been quashed he was prevented from giving damages. An action was also entered against the Justices, but it could not be gone on with, as it should have been done in six months, which was not the case. Mrs. McManus blames Mr. Bees for this neglect, while he asserts that he declined to have anything to do with an action against the Magistrates. The result of it was, however, that Mrs. McManus was put to considerable expense in legal advice, but was unable, owing to the neglect of some one, to get that justice which the District Court Judge said was her due. Mrs. McManus has accordingly appealed to the House, and the Committee report that, having made enquiry into the petitioner's case, and invited the Justices who sat on the Bench when the petitioner's son was ordered to be imprisoned for one month, to offer any explanation to the Committee they thought desirable, they are of opinion that the explanation offered by the Justices is unsatisfactory, and is no justification of the action in illegally imprisoning petitioner's son for an offence unknown to law. The Committee accordingly recommend, as we have already stated, that the Justices be called on to show cause why they should not make reparation, and in the event of their not making fair reparation, they should be called upon to resign, or be struck off the list of magistrates.
Mb. Burns moved the other day.— " That the Government be requested to call for tenders within the colony for any further rolling-stock and other plant required for railway purposes ; also for any timber and iron piles, and other iron and wood work required for bridges, wharves, and all other public works in course of construction by the Government, or by contractors under the Government; also for any iron or wooden ships of any class, dredges, lighters, &c, required for the public service of the colony, and that a clause be inserted in every specification giving sufficient time for the execution and delivery of such articles required." Mr. Sheehan suggested an amendment, in the shape of an addition, calling on the Government to use New Zealand coal instead of Newcastle on the railways and in all the Government offices. Both resolution and amendment were accepted by the Government, who promised to give effect to them as far as possible. Though rather late in the day, it is satisfactory to find that the authorities have at last awakened to the importance of this question, and are prepared to make an effort to prevent the departure from our shores of a large number of mechanics brought out here at great expense.
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Globe, Volume VIII, Issue 1006, 15 September 1877, Page 2
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766The Globe. SATURDAY, SEPTEMBER 15, 1877. Globe, Volume VIII, Issue 1006, 15 September 1877, Page 2
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