when young in practice, and under Mr. Beck-
ham’s tuition.

J. M. WAYLAND.

Were you courteous to Mr. Beckham?—
Always.

Were you willing to be guided by him?—
Yes.

(Signed) J. WILLIAMSON,
Superintendent.

Testimonials submitted by Mr. Wayland.

Panmure, 27th June, 1857.

Dear Sir,—At your request I have much
pleasure in stating that during the time I was
Resident Magistrate at Onehunga, you per-
formed your duties as Clerk to the Bench, in a
satisfactory manner.

I remain, yours faithfully,
(Signed,) T. M. HAULTAIN,
Resident Magistrate,
Howick District.

Mr. Wayland,
Clerk to the Bench, Auckland.

Onehunga, 27th June, 1857.

I certify that during the period that Mr.
Wayland filled the Office of Clerk to the Bench
of Magistrates at this place, he performed the
duties of that Office to my entire satisfaction.

(Signed,) JOHN JEREMIAH SYMONDS.

Resident Magistrate’s Court,
Auckland, 8th July, 1857.

Sir,—I have the honor to draw your
Honor’s attention to my communications rela-
tive to Mr. Wayland’s incompetency to per-
form the duties of Chief Clerk.

I have, &c., &c., &c.,
(Signed) THOMAS BECKHAM,
Resident Magistrate.

His Honor the Superintendent,
Auckland.

Superintendent’s Office,
Auckland, 13th July, 1857.

Sir,—With reference to your letter of date
8th instant, I have the honor to acquaint you
that the Provincial Executive Council, having
heard an explanation by Mr. Wayland of the
circumstances which appear to have rendered
necessary the application made by you for his
removal from the office, to which he was ap-
pointed in your court, were of opinion that
facilities had not been afforded to Mr. Wayland
of making himself immediately acquainted with
the routine of the Auckland Resident Magis-
trate’s Court, which it would appear differs in
some respects from the routine of the Court in
which he has heretofore been employed; and
that his apparent incompetency to perform the
duties expected from him, in a manner satis-
factory to yourself, might be attributed to the
fact that the method according to which it was
desired that the duties should be performed
had not been made plain. Taking also into con-
sideration the circumstances proved by Certi-
ficates from Mr. Symonds of Onehunga, and
Captain Haultain, that Mr. Wayland had satis-
factorily performed, in the Courts in which the
gentlemen above named respectively preside,
duties similar to those of your Court, the
Council was led to hope that a little practice
would qualify him to perform the duties re-
quired of him.

I have therefore to request that you will be
good enough to cause Mr. Wayland to be
informed as to the precise manner in which you
desire that the duties assigned to him shall be
performed. And if he should thereafter be
found really incompetent to perform those
duties he will be replaced.

I have, &c., &c., &c.,
(Signed) J. WILLIAMSON,
Superintendent.

The Resident Magistrate,
Auckland.

Mr. Wayland having read his explanation
to the Executive Council gave the following
replies to questions put to him:—

Mr. Beckham did not give me any informa-
tion as to my duties, except the written list
of duties mentioned in my statement.

How are fees paid into court?—The fees of
civil cases are paid at once: the accounts are
kept by Mr. Piercy.

Had Mr. Beckham any conversation with
you as to your duties?—None whatever.

Were the duties difficult?—Not if I had
received a little instruction, as I ought to have
had, and would have received from any other
Magistrate.

Did the Resident Magistrate show any feel-
ing towards you?—From the first Mr. Beck-
ham appeared displeased with me. He said
“there is the third clerkship for you.”

Did you give any personal cause to Mr.
Beckham to act so towards you?—Never.

Did you draft the correspondence?—Yes.

Did Mr. Symonds instruct you when you
entered his court?—Yes, and so did Captain
Haultain.

Did Mr. Beckham or any person on his
account give you any information as to your
duties?—No.

If information had been given to you, as to
your duties, do you think this difficulty would
have occurred?—No, it could not, as I had
every desire to please.

Who first detected the omission in charging
fees?—The omissions were detected by Mr.
Beckham and his clerks; Mr. Beckham said
that he knew all along that I omitted to charge
the proper fees.

Do you now feel competent to fulfil the
duties of the office?—Yes. When I said I