66

Memorandum endorsed on the account of Fees received by Mr. Wayland, in April, 1857.

Mr. Wayland has omitted to exact the following fees.

23rd April—Parker v Parker, order, 1s. 6d.

24th April—Rich v Chisholm, mileage, 4s ; Deposition, 2s. 6d. ; order, 1s. 6d.

(Signed) THOMAS BECKHAM,
Resident Magistrate.

With regard to the above, I beg leave to state the circumstances under which I did not exact the fees. The two orders noted above were cases dismissed, and the deposition was that of a party who had already been charged 2s. 6d. for making the same deposition in the form of an information. In the Resident Magistrate’s Court at Onehunga, where I have hitherto acted as Clerk, no fees are exacted in these circumstances; and I have not been informed that the practice is different in this Court. With respect to the mileage, I was not informed by the person who served the subpoena, that any mileage was chargeable. As the Magistrate states I have omitted to exact the above fees, I hereby pay the amount 9s. 6d., into the Provincial Treasury.

(Signed) JOHN M. WAYLAND.

£1 12s. 8d.

Memorandum endorsed on the account of Fees collected by Mr. Wayland, from 1st May, to 31st May, 1857.

Mr. Wayland has made the following omissions, viz :—

Thorne v George,—order 1s. 6d.

Wilson v Holmes,—Mileage, 2s. 8d.

Pearson v Nunn and Auburn,—Two informations, 5s ; two warrants, 5s.

Brown v Porter,—Recognizance, 5s ; notice, 2s. ; order, 1s. 6d.

Parker v Parker,—One information, 2s. 6d. ; warrant, 2s. 6d. ; two summonses for witnesses, 5s.—£1 12s. 8d.

(Signed) THOMAS BECKHAM,
Resident Magistrate.

Memorandum by Mr. Wayland attached to the account of Fees collected by him in May, 1857.

Thorn v George.—Order.

The order which the Resident Magistrate states that I omitted to charge, I do not think was given, Captain Thorne withdrew the information at the suggestion of his Solicitor Mr. Russell. In the Deposition Book which is signed by the Magistrate, it is entered, “information withdrawn.”

Mileage.

With regard to the Mileage, the Constable who served the subpoena omitted to endorse on it the number of miles which he went to serve it which he should have done.

Pearson v Nunn and Auburn.

Two runaway seamen, not yet apprehended with the Warrant which is still in the hands of the Police,—I presume that as Captain Pearson has sailed,—if the prisoners are apprehended the Magistrate will give the “order” of discharge, and the case will be closed by the defendants paying 1s. 6d. each. A few days since when Murphy laid an information against Williams, he said he did not wish to proceed further in the case, if Williams would promise not to molest him. The defendant in this case had to pay 1s. 6d. for the “order.”

Brown v Porter.

This omission occurred from the circumstance of the case having been heard before I entered the Court. It was not therefore on the Police Sheet, or in my Deposition Book for me to copy from.

Parker v Parker.

A case of this name was returned by me in the month of April—and as the informations of the two months were mixed together in consequence of reference in taking others, and the name being familiar—my attention was not confined to this particular case.

It was my intention the first spare moment I could find, to compare the information &c., with the Fee Book, and return in the month of June any omissions that might have occurred. Mr. Beckham however, has prevented me from having that satisfaction—I will not here ask if I have a precedent in the course I have pursued, but pay the amount of “fees omitted.”

£1 12s. 8d.

(Signed) JOHN M. WAYLAND.

Resident Magistrate’s Court,
Onehunga, 27th April, 1857.

Sir,—Mr. Wayland having been appointed Clerk of the Bench at Auckland, I have the honor to request you will have the goodness to fill the vacant office here, and instruct him to hand over the documents, &c., of this Court to his successor.

I have the honor to be,

Sir,

Your Honor’s most obedient servant,

JOHN JERMYN SYMONDS,
Resident Magistrate.

His Honor the Superintendent,
Auckland.

Superintendent’s Office,
Auckland, May 5th, 1857.

Sir,—With reference to your letter, of date April 27th, respecting the vacancy in the office of Clerk to the Bench at Onehunga, I have now the honor to transmit to you applications for the situation by the gentlemen named in the margin,* and to request that you will recommend for appointment that one whom you may consider the most eligible.

I have &c., &c.,

(Signed) J. WILLIAMSON,
Superintendent.

The Resident Magistrate,
Onehunga.

• Alfred Street, Matthew Scott, John S. Hickson, E. C. Lonsdale, E. S. D. Laston, Charles Durbridge, N. H. James.

Resident Magistrate’s Court,
Onehunga, 6th May, 1857.

Sir,—With reference to your letter dated 5th May, 1857, enclosing applications, (here