Resident Magistrate’s Court,
Auckland, 25th July, 1857.

Sir,—I have the honor to acknowledge the receipt of the Writs named in the margin,* and to state that they were delivered at my private residence last night at 3-past 5 p.m. The enclosed notices were immediately drawn ready to be issued this morning for publication, but I think it will be found that they cannot be promulgated in compliance with the law, in consequence of the short period that the Writs have to run. I would therefore suggest for your Honor’s consideration the expediency of extending the time for their return, in order that I may draw fresh notices to prevent legal difficulties.

I have, &c.,
(Signed) Thos. Beckham,
Returning Officer for the Suburbs of Auckland.

• To elect one member in place of William Crush Daldy, Esquire, resigned.
• To elect one member in place of David Graham, Esquire, resigned.

Superintendent’s Office,
Auckland, 27th July, 1857.

Sir,—I have the honor to acknowledge the receipt of your letter No. 113, of date July 25th instant, in which you state that you think that notices for the Suburban Elections prepared by you for publication, and transmitted therewith cannot be promulgated in compliance with law in consequence of the short period that the writs have to run, and in which you suggest that the time for the return of the Writs should be extended.

I was anxious for reasons that will be obvious that the return to the Writs should be made within the shortest period possible, and had the notices been prepared in time for promulgation in the Gazette, notice of the intended issue of which on Friday evening was conveyed to you, no legal difficulty could have arisen.

The Writs having been issued, I have no power to alter them by extending the time for their return; if however you find that they cannot now be duly executed, and if you return them with an endorsement to that effect it will be my duty to issue new Writs.

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

Thomas Beckham, Esq.,
P. R. O.

Resident Magistrate’s Court,
Auckland, 28th July, 1857.

Sir,—With reference to your Honor’s letter of the 27th instant stating that you “were anxious for reasons that will be obvious that the return to the writs should be made within the shortest period possible, and that had the notices been prepared in time for promulgation in the Gazette, notice of the intended issue of which on Friday evening was conveyed to me, no legal difficulty could have arisen.”

I have the honor to draw your attention to my communication of the 25th instant, wherein I informed you that “the writs were only received at my private residence at half-past 5 p.m., of Friday the 24th instant, and that the notices were drawn by myself that night.”

Mr. Hill, a clerk in the Superintendent’s Office, came to my house between eight and nine o’clock, and stated that he had been directed to inform me that a Gazette was to be issued that night, at the same time conveying to me a proposition I did not feel justified in acceding to. Mr. Hill did not ask for the notices, nor were they completed at that time, and when finished I had no means of sending them into town.

If, however, they had been published that night, I believe that they would still be contrary to law for the reasons assigned in my communication above quoted.

With reference to that portion of your Honor’s letter stating that “If I find that they cannot be duly executed, and if I return them with an endorsement to that effect, it will be your duty to issue new writs.”

Permit me to observe that in bringing under your Honor’s notice circumstances, which in my opinion, would encumber the elections with legal difficulties, I did so, believing it was a duty I owed to the Government, but I do not feel authorised in taking upon myself the grave responsibility of returning the writs unexecuted.

If, therefore, the Government see no objection, I beg that the notices transmitted with my letter of the 25th instant, may be at once published, in order that the writs may be executed.

In conclusion, I may remark that I was not aware of any reasons why you should be anxious that the return to the writs should be made within the shortest period possible, as they were transmitted to me under blank cover without any communication whatever.

I have, &c.,
(Signed) Thomas Beckham,
His Honor the Superintendent,
Auckland.

Superintendent’s note on Resident Magistrate’s Letter.

Referred to Mr. Hill for his statement of the occurrences at Mr. Beckham’s house, on Friday evening last.

(Signed) J. W.
Superintendent.

At the request of the Superintendent I went to Mr. Beckham’s house on Friday evening last, and informed him that a “Gazette” was coming out that night, if he wished to publish the notices for the Suburban elections, or if he would give me authority to do so. Mr. Beckham said he had nothing to do with the Gazette; they might publish what they liked; he was preparing the notices as fast as he could, and would send them to-morrow morning.

I did not ask directly for the notices after receiving this answer; I cannot say what the time was when I arrived at Mr. Beckham’s house, but on my return, when at the cutting