mitting the applications of the Gentlemen named in the margin—[Messrs. Tabuteau, Flower, Wayland, Hickson]—for the vacant Clerkship in your Office, and stating that you believe Mr. Wayland to be the most suitable of the applicants.

I have accordingly conferred the appointment upon that gentleman with a salary of £200 per annum. I should willingly have accepted your recommendation in favor of Mr. Piercy, if I were not aware that his attendance upon the duties of his office in the Legislative Council, during the sitting of the Assembly, must preclude him from giving that continuous attention to the business of the Resident Magistrate’s Court which would be necessary for the satisfactory accomplishment of duties so difficult and onerous.

I have, &c., &c.,

(Signed) J. WILLIAMSON,
Superintendent.

The Resident Magistrate,
Auckland.

Resident Magistrate’s Court,
Auckland, 9th June, 1857.

Sir,—Adverting to your Honor’s letter No. 22, appointing Mr. Wayland to the Office of Chief Clerk of this Court, I beg to state for your Honor’s information that he commenced his duties on the 21st of April and that I find after a trial of upwards of six weeks he is wholly incompetent to perform them. I need scarcely draw your Honor’s attention to the fact that an incompetent person holding so responsible a position not only places the Resident Magistrate in daily jeopardy, but the interests of the Public suffer, and the business of the Court is retarded.

Your Honor will observe by the Fee accounts for April and May that Mr. Wayland is unequal to the very simple duty of exacting the necessary Court Fees in Criminal business.

I therefore trust your Honor will deem it expedient to replace him by a person capable of conducting the onerous duties devolving upon the office of Chief Clerk of this Court.

I have, &c., &c.,

(Signed) THOMAS BECKHAM,
Resident Magistrate.

His Honor the Superintendent.

Superintendent’s office,
Auckland, 11th June, 1857.

Sir,—I have the honor to forward herewith a copy of a letter addressed to me by the Resident Magistrate, in order that you may be informed of the complaint made against you in your official capacity, and of the grounds upon which I have been requested to replace you by a person more capable of conducting the onerous duties devolving upon the Clerk in the Resident Magistrate’s Court.

I have &c., &c., &c.,

(Signed) J. WILLIAMSON,
Superintendent.

Mr. J. M. Wayland,
Clerk in Resident Magistrate’s Court.

Resident Magistrate’s Court,
Auckland, 12th June, 1857.

Sir,—Before I had sealed the enclosed letter I had the honor to receive your Honor’s of the 11th instant, enclosing a copy of the Resident Magistrate’s complaint against me in my official capacity, and in reply have only to reiterate the request contained in my letter of yesterday’s date.

I have &c., &c., &c.,

(Signed) JOHN M. WAYLAND,
Clerk Resident Magistrate’s Court.

His Honor the Superintendent.
Auckland.

Auckland, 11th June, 1857.

Sir,—I have much regret to have to trouble your Honor with matters which may appear at first sight to affect me personally, but the conduct of the Resident Magistrate towards me, has at length become so unbearable that I am constrained to address your Honor on the subject, and request instructions as to my future course.

Since my appointment as Chief Clerk to the Court, Mr. Beckham has evidently been displeased that your Honor should have conferred the appointment on me, rather than upon his own nominee, and from the first has refused to give me any information as to the mode in which the business of his Court has hitherto been conducted, differing as it does in many minutiae from that to which I have previously been accustomed, but on the contrary has endeavoured to throw obstacles in the way of my properly performing the duties of my office, seized every opportunity of finding fault and insulting me in the presence of others, and at length really deposed me from the office to which I was appointed by you, by dividing my duties between Messrs. Piercy and Sanders, and imposing upon me those of the latter.

He has also ordered me to pay over to Mr. Piercy all fines and fees received by me up to this date, and directed that gentleman, in future to receive them, stating in open Court that I was an unfit person to be entrusted with the collection of them, and upon my remonstrating threatened to have me forcibly removed from the Court.

As I should presume from this and his other conduct towards me, that the Resident Magistrate, has some grave charges against my conduct, and understanding from him that he has already written to your Honor complaining of my inefficiency in the performance of the duties of my office, I have respectfully to request that a full investigation of the conduct of the Resident Magistrate and myself may take place on an early day, before your Honor and your Executive Council: and considering the relative position of the Resident Magistrate and myself, I would further request that I may be allowed to appear by Counsel at such Investigation.

I have &c., &c.,

(Signed) JOHN M. WAYLAND,
Clerk to the Resident Magistrate’s Court.

His Honor the Superintendent,
Auckland.

Superintendent’s Office,
Auckland, 15th June, 1857.

Sir,—I have the honor to acknowledge the receipt of your letter of date June 9th, in which you state that after a trial of upwards of six