Superintendent’s Office,
Auckland, June 23, 1857.

Sir,—I have the honor to acknowledge the receipt of your letter of date 16th instant, in which you inform me that being perfectly satisfied of Mr. Wayland’s incompetency to fill the office in your Court to which he was appointed you do not feel that any inquiry was necessary.

Looking however at all the circumstances of the case, and believing that Mr. Wayland’s official character and chances of future employment are affected, I have determined to afford him the enquiry which he has claimed. A Provincial Executive Council will be held for this purpose on Saturday next at one o’clock p.m. I beg leave to enclose copy of the letter in which this intimation is conveyed to Mr. Wayland.

I have, &c., &c.,

(Signed) J. WILLIAMSON,
Superintendent

The Resident Magistrate,
Auckland.

Superintendent’s Office,
Auckland, June 23rd, 1857.

Sir,—With reference to your letters of dates respectively 11th and 12th instant, I have the honor to inform you that the Executive Council will hear any explanation you may be able to afford of the circumstances which appear to have rendered necessary the application made by the Resident Magistrate for your removal from office in his Court.

A meeting of the Executive Council has been called for Saturday next at one o’clock p.m., at which hour you will be good enough to be in attendance.

I have, &c., &c.,

(Signed) J. WILLIAMSON,
Superintendent

Mr. J. M. Wayland.

Resident Magistrate’s Court,
Auckland, 16th June, 1857.

Sir,—With reference to your Honor’s letter of the 15th instant enclosing a correspondence with the Superintendent of the Province and the Chief Clerk to this Court, requesting me to inform you whether under the peculiar circumstances, I entertain any, and if any, what objection to “affording Mr. Wayland the opportunity which he seeks of clearing himself from the, to him, ruinous charge of incompetency to perform the duties of Clerk in this Court.”

I beg to state, for your Honor’s information, that being perfectly satisfied of Mr. Wayland’s incompetency to fill the office of Chief Clerk of this Court; I do not feel that any inquiry is necessary, and have the honor to draw your attention to my report of the 9th instant a copy of which was placed in the hands of Mr. Wayland several days prior to its despatch, in order that he might take some steps to relieve me from the painful necessity of its transmission.

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

(Signed) THOMAS BECKHAM,
Resident Magistrate.

His Honor the Superintendent,
Auckland.

Extract from the Minutes of Proceedings of the Provincial Executive Council, Saturday, 27th June, 1857.

The Superintendent submitted a correspondence with the Resident Magistrate at Auckland relative to alleged incompetency of Mr. Wayland, a Clerk in the Resident Magistrate’s Court; also a letter from Mr. Wayland requesting that an investigation of the conduct of the Resident Magistrate and himself may take place before the Provincial Executive Council. The Superintendent intimated to Council that the Resident Magistrate and Mr. Wayland had been informed that the Council would hear any statement which they might offer. Mr. Wayland, being in attendance, was introduced, and was requested to state the circumstances which appear to have rendered necessary the application made by the Resident Magistrate for his removal from the office of Clerk in the Resident Magistrate’s Court. Mr. Wayland read a statement of the circumstances, and laid before the Council testimonials from Captains Haultain and Symonds, Resident Magistrates, as to his efficiency as Clerk of their Courts.