41

That your Memorialists believe the nomi-
nation to have been legal, and in due form.
That the names of your Memorialists were
excluded from the Provincial Government
Gazette in the Election Notice published by
the Returning Officer; that they therefore
protest against the City Council election,
and pray that it may be declared void and of
none effect.

(Signed)
Andrew Hodge,
Archibald M’Pherson.

Police Office, Auckland,
March 7, 1855.

Sir,—In accordance with the 22nd clause
of the Auckland City Council Act, the nine
successful candidates so returned by me as
elected for the Auckland City Council, were
duly notified to that effect by me forth-
with.

I have now the honor to state that I have
received from each of the said candidates a
notification of their acceptance of the said
office.

I have, &c.,
(Signed) Ed. Mayne,
Returning Officer.

To Daniel Pollen, Esq.,
Chief Clerk, Superintendent’s Office,
Auckland.

Superintendent’s Office,
Auckland, 21st March, 1855.

Sir,—With reference to your letter of the
1st instant, conveying the information that
the election for members of the City Council had
taken place on the previous day, I have the
honor to request that you will explain gene-
rally the inconsistency between your an-
nouncement as published in the Provincial
Gazette of the 26th ultimo, that Messrs. Lowe,
Lowson, and Smith had been proposed accord-
ing to law, and your subsequent statement
that the same parties were deemed by you in-
eligible to proceed to poll.

You will observe that at present only one
side of the question—that of the objectors—is
before me; I have therefore to request that
you will furnish me with the other side.

I have also to request that you will inform
me whether any nomination papers other than
those copied into the Gazette, were lodged
either regularly or irregularly with you, and
if so, that you will furnish me with the same,
or with copies thereof.

I have, &c.,
Wm. Brown,
Superintendent.

E. Mayne, Esq.,
Commissioner of Police.

Police Office, Auckland,
March 23rd, 1855.

Sir,—I have the honor to acknowledge the
receipt of your letter dated the 21st March
instant, and received by me yesterday, reques-
ting me "to explain generally the inconsistency
between my announcement as published in
the Provincial Gazette of the 26th ultimo,
that Messrs. Lowe, Lowson, and Smith had
been proposed according to law and my sub-
sequent statement that the same parties were
deemed by you ineligible to proceed to poll."

In reply, I beg to enclose a statement as
brief as the circumstances will admit of the
proceedings from beginning to end, had at the
late election for City Councillors, by which I
respectfully submit that I have acted as Re-
turning Officer at that late election in the way
most conducive to the interests I had then in
charge.

I have, &c.,
(Signed) Edward Mayne,
Returning Officer.

To His Honor
The Superintendent,
Auckland.

Police Office, Auckland,
23rd March, 1855.

On Tuesday, the 20th February ult.,
whilst in the police-office receiving the
papers containing the names of the candi-
dates and their proposers, for the then forth-
coming City Election, Mr. Hughes, the
Reporter for the Southern Cross, handed me a
paper containing the names of Messrs. Lowe,
Lowson, and Smith, as candidates, and pro-
posed by himself Stephen Edward Hughes,
Wakefield-street, settler, and William Ash
Laxon, Shortland-street, Auckland, and
which paper I received and filed.

On Wednesday, the 21st February, Mr.
Hughes handed me a paper, containing the
name of Mr. G. E. Vaile as a candidate, and
proposed by Messrs. M’Pherson and Hodge,
and at the same time, in a cursory manner,
he handed me a fresh paper, with the names
of Messrs. Lowe, Smith, and Lowson, the
seconders of those candidates in those papers
being Messrs. M’Pherson and Hodge, saying
that those persons wished to be the seconders
of the said parties.

I looked at the paper, and said that he had
handed me in the same names the day before,
seconded by himself and Mr. Laxon. I
asked him the object of the change; he re-
plied, "Oh, nothing, but that the parties he
had now handed in wished to be the proposers."
I replied, that having received and filed one
nomination, I did not see the meaning of
taking the other without some reason being
assigned. Mr. Hughes replied that they
wished to be the seconders, but he supposed
it would be all right. He then went away.

In due time I opened and examined the
papers for the different candidates so handed
in to me, and seeing that they were all appa-
rently in form, (and never for a moment sup-
posing that both the candidates and their
proposers would not have paid all due atten-
tion to their necessary qualifications,) I pre-
pared and forwarded them for publication in
the Southern Cross, New Zealander, and
Provincial Government Gazette.

On Tuesday, the 27th February, the day