ELECTION PETITIONS INQUIRY COMMITTEE (REPORT OF THE), TOGETHER WITH THE MINUTES OF PROCEEDINGS, EVIDENCE, AND APPENDICES.

Appendix to the Journals of the House of Representatives, 1882 Session I, I-08

I.—B

1882. NEW ZEALAND.

ELECTION PETITIONS INQUIRY COMMITTEE (REPORT OF THE), TOGETHER WITH THE MINUTES OF PROCEEDINGS, EVIDENCE, AND APPENDICES.

Seport brought up 17th August, 1882, and ordered to he printed.

ORDERS OF REFERENCE. JSxtracts from the Journals of the House of Representatives. Wednesday, the 12th Day or July, 1882. Ordered, "That a Select Committee be appointed to report whether, in any of the eases in which election petitions have been tried by Election Petitions Courts, the circumstances are bucli as render it just and reasonable that the persona upon whom the costs of such trials have fallen should be relieved therefrom by a grant from the Colonial Treasury. Such Committee also to inquire into the reasonableness of the costs which have been allowed in such trials, and. as to the scale of costs to be allowed in the future."— (Mr. Sheehan.)

Thuksday, the 13th Day of July, 1882. Ordered, " That the Select Committee appointed to report on certain cases tried before the Election Petitions Courts consist of the Hon. Mr. Dick, Captain Morris, Mr. Turnbull, Mr. Wynn-Williams, Mr. FitzG-erakl, Mr. Weston, Mr. ConoJly, Mr. Shrimski, Mr. Macandrew, and the mover. Three to be the quorum; to report in three weeks." — (Mr. Sheehan.)

Fkiday, the 28th Day op July, 1882. Ordered, " That the Election Petitions Inquiry Committee have leave to postpone the bringing up of their report for a week." — (Mr. Sheehan.)

Thursday, the 10th Day oi? August, JBB2. Ordered, " That the Election Petitions Inquiry Committee have leave to postpone the bringing up of their report for a week."— (Mr. Sheehan.)

EEPOET. Your Committee, having carefully considered the matters referred to them, have the honor to report as follows : — In respect to Mr. Wason's case, it would appear, from the evidence of the taxing officer, that* the costs referred to in Mr. Wason's petition as having been taxed on his behalf were not properly taxed, notwithstanding the fact that they were brought before the proper taxing officer of the Court for that purpose. It appears, from Mr. Bloxam's evidence, that Mr. Wason was represented by a solicitor other than his own private solicitor, and that the items were agreed to as the taxation proceeded; and the Eegistrar stated that he did not .consider it was his business to interfere if the client sent a solicitor before him to consent. It is therefore evident that the costs were not taxed. The Committee have also had before them a letter from Messrs. Harper and Co., as well as one from Mr. Wason, from which it would appear that the costs were sent up to the Eegistrar to undergo strict taxation. On a careful consideration of the whole of the evidence brought forward, as well in the foregoing case as also with regard to the following election petitions, namely, Buckland v. Harris, Hollis v. Allwright, Rutherford v. Sutter, Hirst v. Daniel, Ballance v. Watt, and Cowlishaw v. Pilliet, which have been tried, your Committee have come to the conclusion that they cannot recommend that the petition of Mr. Wason should be complied with, nor can they recommend that any portion of the costs should be refunded by the State to those candidates whose cases have been referred to, as it would be impossible to admit that the Crown can be held liable for the errors of the public officers of State. To do so

I.—B.

2

would involve the admission that the State should be pecuniarily responsible to litigants for losses incurred from mistakes made by Magistrates and Judges. If the costs in such cases as those referred to were repaid, by the Crown, your Committee are convinced such a proceeding w rould result in the encouragement of very great litigation in filing petitions against the return of members, and that in all probability the demand upon the State would amount to many thousands of pounds after every election. With regard to the costs of petitions generally,— Tour Committee have to report that, in their opinion, the costs in the cases which have been before the Committee have in all of them been allowed by the Taxing Masters at a very exorbitant rate, and more particularly so in the cases of the Wakanui and Wanganui petitions. In the Wakanui case, the Eegistrar not only allowed two counsel, but he allowed (in addition to fees for consultations, &c.) to the leading counsel, as a fee on his brief, £86 25.; and to the junior counsel, who was the solicitor to the petitioner, the very excessive fee of £57 Bs. In this case the costs as allowed by the Taxing Master of the Supreme Court amounted together to about £682. In the Wanganui case, the Eegistrar at Wellington allowed £170 for preparing brief, and fee on brief £130, By reference to the bills of costs in the Wakanui and Wanganui cases it will be seen that, in the former case, the fee allowed for instructions for a brief with about thirty witnesses w Tas only £20 ; while, in the latter case, with a brief of only about twenty-three witnesses, £210 was claimed and £170 allowed. The Committee cannot refrain from expressing a very strong opinion that there must be something radically wrong in the system pursued in the various taxing offices of the different branches of the Supreme Court, when it is found that the public officer, who, it may be assumed, is appointed to the office for the protection of litigants from the payment of excessive costs, can justify the allowance of such fees to counsel, and costs generally, as those which have been allowed in the cases referred to. This is specially noticeable when these costs are compared with others taxed by another officer of the same Court, when it is found that he disallowed the second counsel on both sides, and reduced the whole of the costs at a rate which is probably double that taxed off in the Wakanui and Wanganui cases, and yet the cases, it appears, involved equally as serious and important questions of law. The Committee have no hesitation in stating that they consider the whole of the costs in the various cases out of all proportion to the importance of the questions raised, and are strongly of opinion that steps should be taken by next session to have a scale of charges prepared, which can be added by amendment of the Election Petitions Act; and that such scale should not exceed the amount which a petitioner is now required to deposit as security for costs. > Your Committee also beg to report that the Corrupt Practices Act requires amendment to protect candidates from being persecuted by persons who may commit corrupt practices without their knowledge, and thereby not only defeat their return, but put them to unnecessary and serious legal expenses. The Act also requires amendment as to intimidation, as it appears from the Pranklin case that a perfectly innocent candidate was declared unduly elected in consequence of a person, without his knowledge, having, it was alleged, intimidated a voter. John Sheehan, 17th August, 1882. Chairman.

MINUTES OF PROCEEDINGS.

Friday, 14th Jult, 1882. The Committee met at 10.30 a.m. Present: Hon. Mr. Dick, Mr. Macandrew, Captain Morris, Mr. Sheehan, Mr. Shrimski, MrTurnbull, Mr. Wynn-Williams. The orders of reference of the 12th and 13th July were read. Resolved, That Mr. Sheehan take the chair.

I—B.

3

On the motion of Captain Morris, Resolved, That Mr. Ivess, Major Harris, and Major Campbell be summoned to attend at the next meeting, to give evidence before the Committee. The Committee adjourned until Tuesday, the 18th July, at 10.30 a.m.

Tuesday, 18th July, 1882. The Committee met pursuant to notice. Present: Mr. Conollv, Hon. Mr. Dick. Mr. FitzGerald, Mr. Macandrew, Mr. Sheehan (Chairman), Mr. Shrimski, Mr. Turnbull, Mr. Weston, Mr. Wynn-Williams. The minutes of the previous meeting wore read and confirmed. Major Campbell was called, and produced the Judges' reports of the Stanmore, Wakanui, Franklin North, Wanganui, Wallace, and Lyttelton election petitions. He was then examined, and his evidence taken down. Mr. J. C. Wason's petition was read. Mr. Bloxam, Eegistrar of the Supreme Court, Christchurch, was then examined, his evidence being taken down. He was desired to telegraph immediately for the bills of costs of the Lyttelton and Gladstone election petitions. Mr. Ivess was also examined, and his evidence taken down. Resolved, That the evidence as taken be printed day by day. The Committee adjourned until Wednesday, the 19th July, at 11 a.m.

Wednesday, 19th July, 18S2. The Committee met pursuant to notice. Present : Mr. FitzGerald, Captain Morris, Mr. Sheehan (Chairman), Mr. Shrimski, Mr. Turnbull, Mr. Wynn-Williams. The minutes of the previous meeting were read and confirmed. Resolved, That the evidence of Mr. Bloxam and Mr. Ivess, when printed, be forwarded to Messrs. Harper and Co. and Mr. Wason, for their information. Major Harris was then called, and gave evidence on the Franklin North election petition, which was taken down. Resolved, That Mr. Daniel be summoned to attend at the next meeting, to give evidence before the Committee. The Committee then adjourned until Thursday, the 20th July, at 12 noon.

Thursday, 20th July, 1882. The Committee met pursuant to notice. Present : Hon. Mr. Dick, Mr FitzGerald, Mr. Macandrew, Captain Morris, Mr. Sheehan (Chairman), Mr. Shrimski, Mr. Turnbull, Mr. Wynn-Williams. The minutes of the previous meeting were read and confirmed. Mr. Bloxam was called, and produced the respondent's bills of costs of the Lyttelton and Gladstone election petitions. He was also re-examined, his evidence being taken down. On the motion of Mr. Macandrew, seconded by Mr. Shrimski, Resolved, That Mr. Buckland be informed that the Committee do not think it necessary for hitn to be summoned at the expense of the colony under the circumstances, but will be very happy to receive any evidence he may be pleased to offer. The Committee then adjourned until Friday, the 21st July, at 12 noon.

Friday, 21st July, 1882. The Committee met pursuant to notice. Present: Mr. Macandrew, Mr. Sheehan (Chairman), Mr. Shrimski. The minutes of the previous meeting were read and confirmed. Resolved, That Captain Morris be requested to attend at the next meeting, to give evidence before the Committee. On the motion of Mr. Macandrew, seconded by Mr. Shrimski, Resolved, That the meeting of the Committee be adjourned until Monday, the 24th July, at 10.30 a.m.

Monday, 24th July, 1882. The Committee met pursuant to notice. Present : Mr. Conolly, Mr. FitzGerald, Mr. Macandrew, Captain Morris, Mr. Sheehan (Chairman), Mr. Shrimski, Mr. Turnbull, Mr, Wynn-Williams. The minutes of the previous meeting were read and confirmed. Major Harris was again examined on the Franklin North election petition, his evidence being taken down. Mr. Sutter was then called, and gave evidence on the Gladstone election petition, which was taken down. Mr. Daniel was also called, and gave evidence on the Wallace election petition, which was taken down. Captain Morris's evidence was then taken on an election petition of which he was the petitioner in the year 1876, before the present Act was passed, such evidence being taken down. Resolved, That, as the evidence of Mr. Bloxam had not yet been received from the printer, an extract of that portion of it containing an allegation concerning the payment of Mr. Wason's costs re Wakanui election petition should be forwarded to Messrs. Harper and Co., Christchurch, and ta Mr. Wason, Corwar, South Eakaia, by this afternoon's mail. The Committee then adjourned until Tuesday, the 25th July, at 10.30 a.m.

I.—B

4

Tuesday, 2oth July, 1882. The Committee met pursuant to notice. Present: Mr. Conolly, Mr. Macandrew, Mr. Sheehan (Chairman), Mr. Wynn-Williams. The minutes of the previous meeting were read and confirmed. It was moved by Mr. Wynn-Williams, seconded by Mr. Macandrew, That Messrs. Pilliet and Watt be requested to attend at the next meeting of the Committee, for the purpose of giving evidence. Resolved, That the meeting of the Committee be adjourned until Wednesday, the 26th July, at 12 noon.

Wednesday, 26th July, 1882. The Committee met pursuant to notice. Present: Captain Morris, Mr. Sheehan (Chairman), Mr. Weston, Mr. Wynn-Williams. The minutes of the previous meeting were read and confirmed. Mr. W. F. Buckland, having presented himself, was examined on the Franklin North election petition, his evidence being taken down. Mr. Watt was then examined on the Wanganui election petition, his evidence being taken down. A letter was read from Mr. Pilliet, to the effect that he does not advance his claim singly; but would be happy to give evidence on the question of general costs if desired. The Chairman was instructed to reply to the effect that, under the circumstances, his evidence would not be required. The Committee then adjourned until Thursday, the 27th July, at 12 noon.

Thursday, 27th July, 1882. The Committee met pursuant to notice. Present; Mr. FitzGerald, Mr. Sheehan (Chairman), Mr. Shrimski, Mr. Weston, Mr. WynnWilliams. The minutes of the previous meeting were read and confirmed. It was proposed by Mr. Weston, seconded by Mr. Shrimski, and carried unanimously, That all the hills of costs produced in evidence be printed and attached to the evidence. On the motion of Mr. Weston, seconded by Mr. Shrimski, Resolved, That the Chairman be directed to obtain extension of time for bringing up the report. Resolved, That the Committee stand adjourned until the evidence is in print.

Monday, 3 Ist July, 1882. The Committee met pursuant to notice. Present .• Mr. Conolly, Hon. Mr. Dick, Mr. Macandrew, Mr. Sheehan (Chairman), Mr. Shrimski, Mr. Turnbull, Mr. Weston, Mr. Wynn-Williams. The minutes of the previous meeting were read and confirmed. The order of reference allowing extension of time for one week was read. Mr. Allwright was then examined on the Lyttelton petition case, his evidence being taken down. On the motion of Mr. Shrimski, seconded by Mr. Wynn-Williams, Resolved, That the evidence of Mr. W. F. Buckland, in consequence of its having been informally and materially altered in purport, be not admitted ; and, further, that such evidence be not received or printed. Letters from Messrs. Harper and Co. and Mr. Wason were read in reply to letters sent them with reference to Mr. Bloxam's evidence, and ordered to be printed and attached to the evidence. The Committee then adjourned until Wednesday, the 2nd August, at 11 a.m., for the purpose of considering their final report.

Wednesday, 2nd August, 1882. The Committee met pursuant to notice. Present: Mr. FitzGerald, Mr. Macandrew, Mr. Sheehan (Chairman), Mr. Shrimski, Mr. Turnbull, Mr. Weston, Mr. Wynn-Williams. The minutes of the previous meeting were read and confirmed. Mr. Joseph Devine, clerk to Messrs. Buckley, Stafford, and Fitzherbert, was called, and produced papers with reference to the costs in the Wanganui election petition, giving his evidence on the subject, which was taken down. Resolved, That the respondent's bill of costs in the Wanganui election petition be printed and attached to the evidence. Resolved, That proof copies of the final report should be printed, with a view to further amendment. Resolved, That Mr. Ballance be telegraphed to, with a request that he would communicate with the Committee as to the amount of his bill of costs in the Wanganui election petition. The Committee then adjourned until further notice.

Thursday, 10th August, 1882. The Committee met pursuant to notice. Present: Mr. Conolly, Hon. Mr. Dick, Mr. Macandrew, Captain Morris, Mr. Sheehan (Chairman), Mr. Shrimski, Mr. Turnbull, Mr. Wynn-Williams. The minutes-of the previous meeting were read and confirmed. On the motion of Mr Conolly, seconded by Mr. Wynn-Williams, Resolved, That this Committee declines to recommend that the House.should refund to any of the candidates any portion of the costs incurred in the election petition trials. Resolved, That the report as amended be adopted and printed. Resolved, That, in consequence of the delay in the printing of the evidence, owing to the pressure of work at the Government Printing Office, extension of time for seven days be applied for by the Chairman for bringing up the report, The Committee then adjourned.

I.—B

MIiNUTES OF EVIDENCE.

Tuesday, 18th July, 1882. (Mr. Sheehan in the Chair.) Mr. J. Ivess, M.H.E., examined. 1. The Chairman.] Have you any evidence, Mr. Ivess, to offer in support of the prayer of this petition of Mr. Wason's ? —I have in regard to certain parts of the prayer. As to the bill of costs just placed before the House, there are several items of course to which I would take exception, because I hold they are unfair, inasmuch as the Court disallowed certain parts of the petition, and I find that the petitioners are claiming a refund of those costs. I petitioned that the election should be declared void on several grounds ; amongst others, that several aliens and minors had been permitted to vote. I find that the bill of costs claimed for attendance on behalf of aliens and of minors. Those were struck out in my hill, although they were allowed in the other. The Judges said they could not go behind the roll. Then, again, I see that Mr. Pointz, who was Secretary for Mr. Wason's Committee, claims £40 for services rendered in regard to the petition. What those services were Ido not know, unless they went in the direction of analysing the roll to find out how many aliens and minors there were, as against me. Then, again, there is £28 for Mr. Crispe, who attended on behalf of the Eeturning Officer. He certainly attended, but he never spoke once. The other side had Mr. Button and Mr. Harper to watch the case for Mr. Wason. I can support the hill of costs, with the exception of those three items. The election was rendered void through certain laches on the part of the Eeturning Officer, over whose action Mr. Wason had no control. It was entirely through the errors of this gentleman. The voting was so close, 440 and 442 respectively, that these four persons, if they had been permitted to vote, would have turned the scale on either side. There were certainly dual votes recorded, and it was necessary to set machinery in motion to get them restored. Even if those four persons had voted, then it would have been necessary to petition against the election. 2. I do not think there is any doubt about that, that is shown by your having to recontest the seat. I was going to show that Mr. Wason was quite in the hands of the Court; in either case, even if those four men had recorded their votes, it would have been necessary to petition against the election. Twelve persons voted for only six who were qualified. Mr. Wason was quite unconscious of that, and as to in whose favor they would vote. It was only when the roll came to be gone over that this was discovered. 3. Can you point out to the Committee upon what paragraphs in your petition you won and lost respectively ?—I won on Nos. 1, 2, 3, and 4, which were formal. I lost on 5 and 6. Won on 7. 4. I understand from you that you only give evidence to show that Mr. Wason was compelled to defend his election at your instance, you having petitioned ?—Yes ; he had no option at all, because he was quite unconscious as to the action of certain voters. 5. And in the bill of costs of his solicitors against him you take exception to certain items, because similar items were not allowed in your case ?—Yes ; I do not think them fair. 6. Having been concerned in the trial, being the petitioner in the Court, can you say, as a matter of fact, that the election fell through, not through corrupt practices on behalf of either candidate, but through the mistakes of officers employed by the Government ?—Entirely through the mistake of the Eeturning Officer and Deputy Eeturning Officer. The candidates were not in any way amenable. 7. And you think it just and reasonable that the persons who had to bear the costs of the trial should be relieved from the Colonial Treasury ?—Yes. Major Campbell, examined. 8. The Chairman.] You are Clerk of Parliaments, and also Clerk of the House of Eepresentatives, Major Campbell, I believe ?—Yes. 9. As such, have you in your possession the several notifications received from the Election Petition Courts in regard to disputed elections ?—I have. 10. Can you tell us the names of the various seats in respect to which a new election was ordered ? —The seats for which new elections were ordered are Stanmore, Wakanui, and Franklin North. 11. Are there any seats in respect to which the actual polling was set aside without the election itself being declared void—such as the case of Wanganui for instance ?—I have no official knowledge on that point. 12. You have all the reports from the Judges who tried disputed election cases ?—Yes. In addition to those I have named, thore are reports from the Judges on the petitions against the elections for Wanganui, Wallace, and Lyttelton. A petition was also lodged against the election for Gladstone, but was withdrawn, and the Judges have so reported. 13. Those are all the cases then ?—Yes. 14. Do the reports from the Courts show upon what ground the judgment went?—No ; they are simply the Judges' reports and certificates of their decisions. I. B.—l.

I.—B

2

15. Will you allow me to see one of them ?—Yes [document handed in]. 16. Well, of course, if all the Judges' reports take that form, we shall not get much information from them. Will you allow us to retain the several reports ?—Yes. To the reports on the Middle Island cases, the Judges have appended a copy of the petition. 17. Mr. Weston.] So that there are two forms in which the reports are made ?—No ; the Judgehave simply attached a copy of the petition. r Mr. A. E. Bloxam, examined. 18. The Chairman.] You are Eegistrar of the Supreme Oourt at Christchurch ?—Yes. 19. As such, have you the bills of costs incurred in the case of the Waikanui Election Petition ?' —I have 20. You have heard that part of the petition referring to the question of costs read ? —I have. 21. Did you tax the two bills referred to in the petition ?—Yes. 22. Are the amounts mentioned here, so far as you know, correct ?—The first bill of Mr. Ivessagainst Mr. Wason, was allowed at £310 Bs. 9d. 23. What was the amount claimed ?—£so3 7s. Id. £504 2s. Id. was the total amount claimed by Mr. Wason, which was reduced to £310 Bs. 9d. 24. You had also to tax the other bill between Mr. Wason and his solicitor ?—I had. 25. What was the amount claimed ?—£39o 13s. sd. 26. What was the amount allowed by you ?—-£317 lis. 9d. The items from Nos. Ito 94 were taxed; the rest were afterwards consented to. 27. When this bill came before you to be taxed in the first instance, did both sides appear ?—On the first day, Mr. Beswick, the usual taxing clerk for Messrs. Harper came, and the bill, as far as item No. 94, was gone through. No one appeared on behalf of Mr. Wason. 28. Then, he practically allowed taxation to go by default ? —Yes ; an affidavit that notice of the time fixed for the taxation had been sent to him ; and, also, that a letter had been received from him, acknowledging the notice, was filed. 29. Mr. FitzGerald.] What proportion do the items to No. 94 bear to the whole bill ?—The amount is £52 3s. lid. 30. Then, the taxation stood adjourned ?—Yes. It was resumed on Wednesday, the 28th June, when the managing clerk in Mr. Stringer's office appeared on behalf of Mr. Wason. 31. What did you do then ?—He consented to various amounts on behalf of Mr. Wason, and at his suggestion various amounts were consented to be reduced on behalf of Mr. Harper. 32. What was the total amount of the reduction ?—£lB Is. Bd. Then the bill was allowed by consent, at £372 lis. 9d. 33. Mr. Macandrew.] Would the amount have been reduced still further if the bill had been contested ?—The items would have been gone into and proved. 34. By any default of Mr. Wason himself, is this amount larger than it otherwise would have been ? —ln all probability it is. 35. Have you any idea to what extent ?—lt is very difficult indeed to give an estimate of that sort, because the witnesses' expenses were not proved. 36. The Chairman.] You taxed off £18 in one bill, the total amount claimed being £390. In the other bill, the claim was 504 7s. Id., and you taxed off £193 13s. 4d. In the latter case, was the taxation attended in the ordinary way by both sides ?—Yes ; it was very strenuously fought. 87. What are the provisions of the Act in relation to taxation ?—The Act provides that the bills shall be taxed as between solicitors and client. The principle on which taxation proceeded was principally this : These were the first cases under the Election Petitions Act, and reference was made to English authorities as to costs in election petition cases there. 38. As a matter of fact, you have been guided in your taxing by the practice in the English Courts ? —As far as counsels' fees were concerned. In fact, in that respect, Mr. Ivess's bill is, I believe, drawn upon an English bill, —the case of 39. What was the main item of taxation in Mr. Ivess's bill ?—Counsels' fees. The amount claimed was £110 for Mr. Stout, and one-third less for the second counsel, £82 18s. 6d. A first consultation fee of 5 guineas, and 3 guineas for the second counsel was claimed. Eefresher for Mr. Stout, 27 guineas, and £16 10s. for the second counsel. For the second day, similar refreshers were claimed. Counsels' travelling fees were also claimed, and I struck them off. 40. What was the total amount allowed to solicitors as fees and refreshers ?—ln Mr. Ivess's case, the costs of a certain amount of the petition was disallowed by the Court, so that I struck off one-fifth of the fees claimed, and also one-fourth of what was claimed for mere copying. I allowed Mr. Stout's fees (he being as ex-Attorney-General a leading member of the Bar, and taking into consideration that he was away from Dunedin four days,) at 100 guineas, without any refreshers at all, and the second counsel one-third less. 41. How many days ?—The hearing itself lasted two days ; but counsel were there the day before and after. Mr. Stout, himself, was away from Dunedin four days. 42. In point of fact the counsels' fees were paid for two days of actual trial ?—Yes. 43. You prepared the usual allocation in regard to Mr. Wason's costs ?•—Yes [put in] . 44. I understand you to say that, in taxing these cases, you had been governed largely by the practice in England in similar cases ? —Yes ; so far as allowing counsel more liberal fees than in other cases. 45. You said one bill had been apparently prepared on some English precedent ?—Yes ; from Scott, on costs. 46. Can you say what fees were allowed in that case ?—Yes. I will read it [extract from book read]. There was a case where the fees claimed amounted to 500 guineas, and they were reduced to 110 guineas, and refreshers of 27 guineas. Eefreshers were not allowed, but I allowed a lump sum. There is also another case in " Foster's Digest"— [extract read].

3

I.—B

47. Now, the scale of costs is practically very much in excess of what would be allowed for a case in the Supreme Court ?—As far as counsels' fees are concerned. The witnesses' expenses would he heavier, because the witnesses would have to go to Christchurch. Part of Mr. Wason's bill was made up of a fee for a solicitor, instructed by Mr. Wason, to appear on behalf of the returning officer. Then there was an item of £39 16s. for Mr. Poyntz, who was engaged on behalf of Mr. Wason in getting up particulars as to the votes. His expenses were consented to; witnesses' expenses were consented to ; as was also the item for the counsel for the returning officer, 19 guineas. 48. Taking it in this way, the total amount allowed, partly on taxation and partly by consent, was £372 lis. 9d. Presuming all the items had been contested, what amount do you think would then have been allowed on taxation. I mean if it was an ordinary action in the Supreme Court ? — Presuming everything to have been the same, the counsels' fees would have been the only thing different. Counsels' fees would probably then have been 50 guineas, and one-third less for a second counsel, if the case had been of sufficient importance, 49. Mr. Dick.] How much did Mr. Stout really get ? —lf Mr. Ivess had succeeded in the whole of the petition, Mr. Stout would have been allowed 100 guineas, and the junior two-thirds of that. In the Supreme Court, on costs taxed as between solicitor and client, Mr. Stout would have been about 50 to 60 guineas, and junior counsel one-third less respectively. 50. Are all the other expenses the same as they would have been in the Supreme Court ?—Very nearly. Some items of 13s. 4d. would then have been 6s. Bd. 51. Allowance for witnesses the same ?—Yes. 52. The Chairman.] Mr. Poyntz's expenses would not have been allowed in the Supreme Court ? —Not as between party and party. 53. You have no particulars of how Mr. Poyntz's account was made up ?—No, because the item was consented to. 54. You do not know if it was full payment, or payment of a balance.-—No. 55. Then, there are Mr. Crispe's costs, I see ?—He appeared on behalf of the returning officer, by direction of Mr. Wason. 56. If this hill of Mr. Wason's had been taxed in the ordinary way, you think the amount allowed would not have been nearly so much ?—Yes; certainly it would not. 57. To what extent do you think there would have been a reduction ?—ln round numbers, it must have been reduced by £60 or £70, including the item for counsel for the returning officer. 58. And you would have struck off the charge for Poyntz ? —Not as taxing between solicitor and client. I should have satisfied myself that he had been properly employed, and that receipts were given for his charges. 59. Suppose Mr. Wason and his solicitors had quarrelled, and fought the thing, do you not think there would have been a very material reduction ?—Yes ; very likely. 60. Apart from the fact that there is no specific provision on the subject of costs, was there anything about the trial which made the case a more arduous one than an ordinary case in the Supreme Court ?•—Generally, it was of more importance. It was entirely new work, and I know all the counsel were very much engaged in getting the law up. I know, too, that it was very laborious for the Judges. Of course, I only know these facts incidentally. 61. Apart from its being a new line of business, was there any special reason why you should allow larger fees in this case than in ordinary cases ? —Not in respect to witnesses. The expenses for witnesses were here allowed by consent. Had it been otherwise it would have had to be proved that they had been paid. I have no doubt they were actually paid. 62. Mr. FitzGerald.] Would they have been paid exactly the same as was charged for them if the case had been a Supreme Court one ?—Probably they would have been paid more in that case, because they would have had to come to Christchurch instead of being in the district. The rate per diem, I believe, was the same. 63. Was not this taxation of Mr. Wason's bill in the nature of a friendly action between the parties ?—Yes. 64. Mr. Turnbull.] What induced you to adopt the English precedents as a whole, as a guide. You have apparently not considered the difference in magnitude of the cases ?—I adopted the same principle only in this respect, that counsel's fees should be on a more liberal scale than for a Supreme Court case. 65. Mr. Wynn-Williams.] Supposing you put it this way. Suppose Mr. Stout was allowed 110 guineas, what would the leading counsel have been allowed in a similar case at home ?—I had to take into consideration the time Mr. Stout was away from his business. 66. If a lawyer had come from Wellington to Ashburton, would you have allowed more ?—As between solicitor and client the taxing master has no option. If an individual chooses to have counsel from a distance he must pay for it. But I should not have allowed more on that account, as taxing between party and party. 67. As to the junior counsel, did you take into consideration the importance of the case, or simply allow him fees by scale ?—The junior is almost always given one-third less than the leader. 68. But, as taxing master, do you exercise no discretion as to the number of counsel. Supposing there had been a third counsel ?—A second counsel is almost always considered necessary. I should not have allowed a third counsel, nor, if the case had been of no importance, a second. 69. But do you not exercise your judgment as to the importance of the case ; this seems to me a simple case ?—I may say that the decision in the election petition case for Lyttelton had been allowed to stand over. The question was, whether aliens were entitled to vote or not. It was expected the same question would be raised in this case, and I believe the Judges expected Mr. Stout to argue it. However, it was not gone into, by agreement of counsel, before the trial. The junior counsel got up the case. 70. You said this was a new kind of litigation. It seems to me that it is not new ?—All the counsel had to get up the new law.

I.—B

4

71. Why did you allow a junior counsel ? —Because I considered it of sufficient importance, and the other side did not contest it.

72. Mr. Turnbull.] You said you took into consideration the question that this was a first case,, and that there was a question which came up at Lyttelton which would probably be argued here ?— The question in the Lyttelton petition was, whether aliens should be allowed to vote, or whether the roll was to be final. That question was adjourned, and I believe the Judges thought Mr. Stout would argue it before them in this case. 73. But did you allow more costs for that reason ?—No; but I mention this to show the importance of the case. 74. Were Mr. Wason's witnesses allowed a higher rate than witnesses of the same grade who were called on behalf of Mr. Ivess ?—I should say they would not be, but at the same rate. They were not proved before me. 75. Mr. Connolly.] Were you present at the trial ?—I was. 76. How many witnesses were there ?—Only one side was gone into. About fifteen were examined, but there were twenty-seven in attendance. 77. In a case in the Supreme Court, lasting two days, where there were twenty-seven witnesses, would you allow a second counsel ? —Yes. 78. Mr. Dick.] Did you tax the costs in any other case ?—Yes; in the Lyttelton case. That was a very moderate bill. I think about a guinea was deducted from about 80 or 90. The case lasted a day, and the leading counsel got 30 guineas, if I remember right. The other side did not raise any objection to any of the items. The hill could have been made much larger. 79. Were leading members of the profession engaged ? —Mr. Holmes, with Mr. Cowlishaw as second, on Mr. Allwright's side; on the other side, Mr. Harper and Mr. Button. 80. And what about the Gladstone case ?—The costs have come in to be taxed. That case was not heard. 81. Mr. Weston.] Can you account for the apparent inequality of the fees ?—I cannot account for it at all. When the Lyttelton's bill came in I remarked that it was a very moderate bill. 82. The Chairman.] In comparison with the others ?—Not only that, but taking all the circumstances into consideration. 83. As to the incidental expenses connected with Mr. Poyntz, had you any opportunity of considering them ?—No. 84. I understand yon to say that one reason for allowing such high fees was that the business was new—a new Act and a new system. Now, allowing that to have been a reason, do you think any reason would exist for higher fees now, the whole practice being settled, and several judgments being given under the Act, would there be higher fees now than in the Supreme Court ?—I do not think so, if we were not bound to follow the English precedents. 85. Mr. Wynn-Williams.] Have you any knowledge why higher fees are allowed in England for election petition cases than for ordinary cases ?—I do not know. 86. And you think in future cases it would be quite sufficient to allow the same fees as in an ordinary case in the Supreme Court ? —Certainly, if directions to that effect were given to the taxing masters. 87. I am asking your opinion ?—Yes ; and it should be settled, whether they should be taxed, as between solicitor and client, or as between party and party. 88. Mr. Ir.ess.] As to the costs for Mr. Poyntz and Mr. Crispe, perhaps you would have struck them out if the bill had been contested ?—I should have required proof of them. 89. The Chairman. —Do you know whether these costs have been paid ?—I cannot say as a matter of fact, I can only give it as my opinion that they have not been paid. 90. Have you heard any information as to whether, if they were not allowed by the House, Mr. Wason would be called upon to pay them ?—A remark was dropped by the clerk that if Parliament did not grant the money, Mr. Wason would not be called upon to pay the whole of it. That statement was only incidently made. 91. Mr. Weston.] That was nothing to do with you ?—No. 92. Mr. Ivess.] Were there several items disallowed in my costs, which were allowed in Mr. Wason's, as to minors and aliens ?—This bill was between solicitor and client. The work was done, as against Mr. Wason, by his own solicitor.

Wednesday, 19th July, 1882. (Mr. J. Sheehan in the Chair.) Major Harris, M.H.E., examined. 93. The Chairman.] You are a member of the House of Eepresentatives ?—Yes. 94. You stood as a candidate for the representation of Franklin North, at the general election last year ?• —Yes. 95. You were opposed by Mr. Buckland and others ?—Yes. 96. What was the result of the polling as declared on the day of election ?—I had 323 votes, Mr. Buckland had 321, Mr. Luke 157, and Mr. Gordon 8. 97. You were at the head of the poll?— Yes. 98. And you were declared to be returned accordingly ?—I was. 99. Afterwards your position was assailed by petition under the Corrupt Practices Prevention Act ?—Yes. 100. By Mr. Buckland ?—Yes. 101. Where was the case heard ? —At Papakura. Judgment was given at Otahuhu. 102. How long did the case last ?—Three days, including the day on which judgment was given.

5

I.—B

103. The case resulted, I believe, in the seat being declared vacant, and a fresh election being ordered ?—Yes. 104. What was the order made about costs ? Members of the Committee will see that I am making these questions leading in order to come as soon as possible to the point of the enquiry ?—Mr. Buckland, I think, had to pay the costs on nine issues, and I had to pay the general costs attached to others. Ido not properly understand the matter now. 105. Was it this ? Upon certain issues which Mr. Buckland failed to prove, he had to pay costs, and upon the issues which he proved, you had to pay costs ? —Yes. 106. Can you tell us what was the total amount of costs you were asked by your solicitor to pay, both as against you to Buckland and to your solicitor, for the hearing of the case which you say lasted three days ?—I had not all the documents with me. I think the amount was £385. 107. Have you a copy of the judgment ?—No, I have not; but I have sent for it. 108. I have a printed copy in the New Zealand Herald of the 17th of March. The decision against you was not because you had been guilty of a breach of the Corrupt Practices Prevention Act ? —Nothing of that kind was mentioned. 109. You had to recontest the seat ?—Yes. 110. You did so ?—Yes. 111. And won the election ? —Yes. 112. Mr. Turnbull.] What had you pay to Mr. Buckland ?—I had to pay over to him £150 lis. sd. He withdrew two cases, lost on seven, and won upon the other one. 113. The Chairman.] What was the amount of his bill ?—The original amount of the bill was £361, but it was taxed down to £150 lis. sd. 114. What was Mr. Lusk's own individual bill against you ?—The amount was £385, with what I had to pay Mr. Buckland. That would make £234 Bs. 7d. the amount of his bill against me. 115. This was for the case lasting three days ?—Yes. 116. The Court sat at Papakura two days, and, after that judgment was given at Otahuhu?— Yes. 117. I suppose counsel engaged would have to leave their ordinary business in Auckland for two days ?—Yes. 118. If they travelled up and down by train ?—Yes. 119. The Chairman.] I will now read the certificate of the Judges. [Certificate marked B read.] In point of fact the election was made void purely owing to some misconception of the Eeturning Officer ?—Yes ; that was the Judge's decision. With the permission of the Committee, I will state how this happened. At Howick, there was a person named Dovell, who had been in the district six weeks. He had his name on the roll as an elector. He went to vote at Howick, when a person named Hattaway followed him and objected to him, on the ground that he had not been in the colony twelve months, or in the district six months. Hattaway asked the Deputy-Eeturning Officer, Mr. Smith, to question Dovell, and, at the same time, detailed the questions to be asked. One was, "Have you been six months in the district ?" The Deputy-Eeturning Officer asked him this, and Dovell, finding that he had been overstepping the mark, got frightened and would not vote. He was told that if he did vote, his vote would be put on one side and not counted with the others. He then withdrew. Hattaway's vote was struck off me afterwards, it was alleged, for intimidation. It was held that, if it had not been for this the result of the polling, as between Mr. Buckland and myself, would have been even. In consequence, the Judges declared the election void, and stated that the Deputy-Eeturning Officer was to blame. 120. Mr. W. H. W. Williams.] Is that stated in the report ? Do the Judges say so in their judgment ?— 121. The Chairman.] In giving judgment His Honor the Chief Justice said : "We have come to the conclusion that Dovell was prevented from recording his vote by the conduct of Hattaway, and also in consequence of the conduct of the Deputy-Eeturning Officer. The question, however, is, whether he was prevented from recording his vote by the action of Hattaway. We think there was an intention to object to Dovell's vote on the part of certain persons who believed his name was put on the roll improperly, and that there was a penalty attached. They also knew that he would probably vote for Mr. Buckland, and it is clear that the intention to object to him was on that ground, and that Hattaway was acting with a number of persons who were outside the polling place, and that, upon Dovell entering it, Hattaway followed him, and practically threatened that if he voted he would probably be prosecuted. Substantially a threat was used with regard to his giving his vote. Ido not say that I am at all of opinion that Hattaway was doing anything that he thought improper, but he was under the impression that Dovell being wrongly on the roll, he ought to be prevented from recording his vote, and he did not hesitate to threaten him with prosecution if he voted. I think it was clear that he was prevented by these threats from voting. It has been ably argued by Mr. Lusk that Dovell, being conscious of having committed an offence by being placed improperly on the roll,, was prevented by that from carrying his vote into effect, but that made the impression on his mind stronger when Hattaway used the threat. The fact that he was conscious of an offence would make the impression stronger. The result was, that Hattaway's vote was void, and must be disallowed to the respondent. This leaves him still a majority of one. The question remains, what is to happen with regard to Dovell's vote ? We think it cannot be given to the petitioner so as to make an equality of votes, but the effect is, that a vote which if given might have placed the petitioner and the respondent on an equality, was refused, and, that being the case, are we to say that there was a due election ? We think not. We cannot say what the Eeturning Officer would do, and we declare the election void. I cannot avoid commenting on the manner in which the election was carried out at Otahuhu. It plainly was not in accordance with the Act. It was the duty of the Eeturning Officer to have informed the candidates that he would have separate ballot boxes, and if he had they would be under his own control. The election, as conducted, was calculated to cause confusion. The result is,, that six votes were not ticked, and it is impossible to say whether they were good or bad votes, and.

I.—B

6

even on this ground it was impossible to say what the result of the election would be, but we rest our decision on the plain ground that a vote was prevented through intimidation, and it is unnecessary to give a ruling on the other points. The recent decision in the Wakanui case was, that a vote refused rendered the election void." Mr. Justice Gillies concurred. 122. Mr. W. H. W. Williams.] The Judges refer to intimidation by the man Hattaway ? 123. The Chairmau.] Yes ; that he had stopped Dovell from voting, and that the election was void. 124. Witness.] I was not within ten miles of him on the day of the polling. Then, as to the decision of the Judges. If this man had been allowed to vote I should have still been one ahead all the time ? 125. The Chairman.] The question is, whether Mr. Harris has been compelled to contest this election a second time, and pay these costs through any fault of his own. I have sent for the actual papers and bills of costs. 126. Mr S. E. Shrimski.] I suppose you were careful with regard to expense ? —Of course I was. When I found that my opponent had taken steps to secure the attendance of certain witnesses, I did not do so. There was a great deal of evidence given. 127. Mr. W. H. W. Williams.] Have your solicitor's costs been taxed ?—No ; I have left money in his hands. I have left £400 in his hands. I have no receipt for money from him. 128. Mr. S. E. Shrimski.] You did not incur any unnecessary expense, thinking to have it refunded from the Crown ?—No ; I thought I should have to pay it myself. 129. The Chairman.] How many witnesses were there ? —I think about six or seven. 130. How many witnesses were called by Mr. Buckland ?—I think about thirty. 131. Mr. R. Turnbull.] I should like to ask why it was necessary to employ two counsel ?—I had not two counsel. Mr. Lusk was assisted by his partner, and no charge was made for that. In Mr. Buckland's case young Mr. Whitaker was employed, and Mr. Buckland asked me to pay him £64, hut that amount was struck off in taxation. He would have had to pay that himself. 132. The Chairman.] Then the costs of second counsel were not allowed in taxation ?—No ; those costs were not allowed. 133. Mr. S. E. Shrimski.] What distance had counsel to travel from their place of residence to the Court ? —I think the distance is twenty miles by rail from Auckland. 134. The Chairman.] And the case lasted three days ?—Two days and a few hours. 135. Mr. R. Turnbull. —At what time does the train leave Auckland in the morning ?—At seven o clock. 136. The Chairman.] Eeturning about what time ?—They would get to town again by the six o'clock train in the afternoon.

Thursday, 20th July. (Mr. Sheehan in the Chair.) Evidence of Mr. Bloxam, recalled. 137. The Chairman.] You have received certain papers I believe ?—Yes ; I have. 138. What are they ?—They are the taxed bills of costs in the petition Hollis against Allwright. 139. Is this the bill as between the parties ? —Yes. 140. William Hollis and Harry Allwright ?—Yes. In my evidence the other day I referred to what I thought was the amount —namely, £90. Altogether it is about £127. 141. The total amount then was £127 17s. 4d., and £2 14s. 7d. was taxed off, leaving a total of £124 12s. 9d ?—Yes. 142. How long did the trial last ? —One day, and counsel attended a second day for judgment. 143. How many counsel were employed ? —Two counsel. 144. And the fees were allowed ? —Fees were allowed as claimed. No objection was raised to them. They were 35 guineas and £27 15s. 145. Mr. Dick.] Is that the case of Hollis v. Allwright ?—Yes. 146. The Chairman.] It is only one bill ? —No bill of Allwright's has come in yet at all. 147. You now produce bills of costs between Eobert Eutherford and James H. Sutter in the Gladstone case ? 148. Mr. Macandrew.] May I interrupt by asking you another question ? I understand you to say that there was a trial for two days in the case you have mentioned ?—No ; for one day. 149. And the taxed costs were £124 12s. 9d. ?—Yes. 150. For one day ?—Yes. That's pretty sweet. 151. Mr. Dick.] Is that for counsel on both sides ?—No ; two counsel were on one side. 152. The Chairman.] This is the bill of costs as between the parties; between Mr. Allwright and the petition against him. 153. Mr. Dick.] Was the judgment given that both parties should pay their own costs ?—No; the order was that the costs of the respondent, incidental to the petition, be paid by the petitioner. 154. Then Mr. Allwright's claim is to be paid by the other side ?—Yes. 155. And yet he has not sent it in ?—Petitioner's costs have not yet been sent in. 156. The Chairman.] The order is to pay Mr. Allwright ?—Yes. 157. Nothing at all about the petitioner ?—No. 158. Is he a man of straw, or a person from whom the costs will he forthcoming ?—I cannot say that at all, sir. 159. Mr. Macandrew.] It would not be a fair question, I suppose, to ask on what principle taxation is conducted ? 160. The Chairman.] I will get this bill in first of all if you don't mind. (To witness.) This is the bill of costs between Eobert Eutherford and James H. Sutter ? These are the respondent's costs on the withdrawal of the petition ?—Yes. The case was not heard in open Court. It was withdrawn.

7

I.—B

161. That bill has not been taxed ?—No. 162. And the total amount claimed is £89 18s. 9d. ?—Yes. 163. Are counsels' fees allowed ?—I cannot say what may be allowed. 164. What are claimed then? —The sums of £20 and £16. The question may arise whether they should be allowed altogether, or not at all. 165. Then, the claim made on behalf of counsel in the case is composed of these items: for senior counsel 21 guineas, and for junior counsel 16 guineas ?—Yes. 166. Have these costs been paid ? —They have not been taxed. 167. Mr. Wynn Williams.] In the Lyttelton petition, I see there is £74 lis. 6d. paid for counsel altogether ?—Yes. 168. Fees for consultation, with drawings and so on. That is more than half the total amount of the costs ? —Yes. 169. Do not you think that that is out of all proportion to the work in a small case like that where the fees amount to more than half the total amount ? —No. In any case there may be very little solicitors' business, and yet counsels' fees may be large; there is no analogy between them. Counsels' fees could not be calculated in proportion to solicitors'. I do not consider a case affecting questions which involve a seat in the House a small case. 170. Yes, I know they do. Ido not know how you judge of these things ; but I should say that where the proceedings are so small that the solicitors' costs only amount to about £25, there cannot be very much in the case. The mere fact that it involves a seat in the House, is only a consequence. I cannot get at all at the principle on which these fees are allowed. You said the other day that in the case of the Wakanui petition, the fact was, that the questions involved were new to the parties concerned, and, therefore, you considered they were entitled to a heavier fee ? —Not solely on those grounds. There are a great number of things to be taken into consideration in fixing counsels' fees. 171. Yes ; but did not you say the other day that, although the case is new to the counsel and Judges, it is not new as a matter of law ?—lt is new to New Zealand. 172. And, therefore, they were entitled to larger fees ; the more ignorant the parties concerned, the bigger would be then' fee ? —I do not see that it involves that at all. Of course one has to take into consideration that a man may fee counsel at all sorts of fees ; but leading counsel will not take a small fee, and, if a man wishes to have the best counsel he can obtain, I suppose he must pay for it. 173. This is rather puzzling, because another Eegistrar in the North Island only allowed one counsel on each side, and the question involved in that case was far more difficult to decide than in the Wakanui case ; it was a question of intimidation.—lt must be a matter of opinion. For instance, although this may not be evidence in any way, a gentleman connected with your firm considered that it was not too heavy. 174. I cannot help what he thought. 175. Mr. Turnbull.] As I said the last time in reference to the magnitude of the questions involved between the cases arising in the English Parliament and this, and the extraordinary ability which is obtained there, I ask whether, taking those circumstances into consideration, we should have adopted any new departure by allowing such a sum as would have been allowed in an ordinary Supreme Court case ?—That is a question on which almost anybody might differ. 176. This was a Special Act—the Corrupt Practices Act—and a special knowledge would be required for that alone. But the getting up of that case would necessitate not merely the getting up of the Corrupt Practices Act, but the getting up of precedents in the English cases. 177. That would not be a new feature ? —A new feature in New Zealand. There have been no election petitions except before the House. 178. Mr. Williams.] The cases quoted are all old law in England. 179. Mr. FitzGerald.] I understand you to say you put a good fee on a first case such as this was, because the Act had only recently come into force, and also because of the importance of the case itself?—lf I had to fix a fee, as I had practically in this case, I should certainly take that into consideration. 180. Mr. Turnbull.] Did the charges made in the Lyttelton case come before you, Mr. Bloxam, before the Wakanui case ?■—The first, Ivess against Wason, was on the 15th, and the Lyttelton case was on the 26th. 181. Then the Wakanui case was the case you would consider first?— Yes. On the question whether aliens were entitled to vote, there was a very long argument. 182. Had the bill for the Lyttelton case come in first, would that have guided you in reference to the charges in the Wakanui case ? —I do not think it would, because there was no objection raised at all to any of the charges made in the Lyttelton case except one simply in reference to subpoenas, and in that case the question arose as to whether the subpoenas had been issued an undue time before the trial or not. 183. Would a knowledge of the fee charged by Messrs. Harper in the Lyttelton case have guided you in taxing the Wakanui case ?-—No. If they had claimed a large fee in that case I should have gone into the matter. All the circumstances of the case must be taken into consideration by the taxing-master. 184. The Chairman.] What he means is this: If you had taxed the Lyttelton case first, would that have led you to reduce the amount in the Wakanui case ?—I do not think it would. It is a difficult matter to decide. Cases cannot always be compared one with another. 185. Mr. Dick.] The charge for the Lyttelton case made by the lawyers is lower than the Wakanui one considerably, is it not ?—Yes. 186. That would have made no difference in your taxation ?—I don't think it would. I think the charges sent in in the Lyttelton case were very moderate. 187. In the Gladstone case, I see that the bill is not taxed ?—Yes. 188. Would you consider that a fair charge ?—That question will arise, no doubt, on the taxation.

8

I.—B

189. You have not considered it yet ?—I can't consider it till I hear the arguments on both sides. It will depend whether the briefs as regards counsels' fees were given an unnecessary time before the trial or not; and the question will arise whether it will be allowed altogether, or not at all. 190. Mr. Shrimski.] I wish to ask whether it is the intention to reopen the case of Wason in regard to Mr. Bloxam ? 191. The Chairman.] He is here to answer all questions that may be put to him. 192. Mr. Shrimski (to witness).] You said you had overheard the Clerk say that Wason would never be called upon to pay it ?—-I did not say " Not called upon to pay." I meant to say, if I did not say it, that he mentioned incidentally, he would not be called upon to pay such a large amount —that they would make a reduction. 193. Then, we are to understand, I suppose, that the application now for the expenses to be paid, is merely for the purpose of getting it from the Crown ?—I can't say that, sir. 194. Would you infer that ?—I should have inferred that it is the practice of solicitors sometimes to send in a long bill of costs, and say they will take so much for it. 195. The Chairman. In regard to the word " overhearing " used in your evidence, I believe the remark alluded to was passed at table, and not that you overheard it in any unfair sense ? —Yes. 196. Mr. Macandrew.] I should like to ask if the amount taxed by the taxing process is taxed by any rule of law defining the matter ?—As regards counsels' fees, all the charges are taxed on certain principles, and the taxing-master's opinion is generally taken on a review as to amounts, although it is very seldom upset on review, unless he has gone on wrong principles. 197. Then the whole thing depends on the view of the taxing-master ?—-Yes ; to a very great extent. 198. Well, suppose there is a case in which A.B. charges £10, and CD. charges £20, would the taxing-master treat them differently if the principle involved was the same ?—lf one gentleman chooses to charge less than he could fairly do, the taxing-master would not say that the other person should be reduced. It would he on the. same principle as this: one mercantile man may take less for his goods than another, or it might cut the other way. 199.—1t appears to me, then, that in the case to which you are referring, it was a " try on." If a merchant were to send in a bill for a certain quantity of sugar, say, at a given price, and were to state that he is willing to take half that amount, it would be very singular ?—But that would be different from a bill of costs sent in to be taxed. 200. The whole thing is a mystery to me. 201. Mr. Shrimski.] I look upon it that the taxing-master ought to have power to exercise his own discretion ?—So they have. 202. Mr. Macandrew.] Would it not be possible for a taxing-master to reduce a bill of £300 to £50 ?—lf he did, no doubt his decision would be passed under review, if he did it arbitrarily and without reason, it would be referred back to him. It seems to me that the whole thing is arbitrary. 203. Mr. Williams.] Mr. Bloxam has repeatedly stated, when I asked if he would allow larger fees in the Lyttelton case, he would do so if there was no objection by the other side. Is that correct ?—Yes ; in reference to that particular case. 204. But it does not apply to all taxation ?—No ; I know personally that Mr. Holmes had been getting up that case a long time before. I believe for a week. 205. Yes ; but you stated that if there were no objection on the other side you would do so ?— Certainly, if there had been any objection it would have gone in, and, knowing the whole circumstances of the case, I would have allowed it, even though there had been an objection. 206. But supposing there was no objection in the Wakanui case ?—That was by counsel, as between solicitor and client, and not between party and party. 207. Therefore, as there was no objection, as between solicitor and client, you allowed it ?—Yes ; the other transaction was between party and party. 208. Quite so. That, however, is only a matter of degree. What I uuderstand you to say is this, that because the other side did not object to the amount you passed it ? —Yes. 209. I don't know whether I ought to ask this question, but we ought to get at it. I want to ask the witness if he does not think the duty of a Eegistrar is to protect the public from both lawyers, and not to allow a fee because an opposing lawyer consents to it. 210. The Chairman.] The question is a proper one to put. 211. Mr. Williams.] Don't you think your duty is to protect the public against both lawyers ?— Yes ; against collusion. But this is impossible between solicitor and client. If the client comes and consents to pay a certain amount, I don't see that a taxing-master would have any grounds in tha case to say that he should be forbidden to pay it. 212. Mr. FitzGerald.] What was the fee here between solicitor and client ? —£llo. 213. Supposing it had been £1000. Do not you think that in that case, considering the amount an outrageous one, you, in the interests of the public, should step in and say " No ?"—lt would not be in the interests of the public if the client did not object. 214. Would you not, considering that to be an outrageous charge, because there was consent as between solicitor and client, would you not interfere ? —I should consider I had no power to interfere. The case would be simply parallel to that of a man confessing judgment. 215. Mr. Williams.] It is quite obvious that a Eegistrar is ex officio called upon to interfere, otherwise there is no object in taxing it ?—Yes; but there is a difference between taxing by consent and taxing the amount when it is objected to. 216. Mr. Dick.] If a bill is brought in to be taxed, is it not the duty of the master to see whether it is a proper fee to be charged ?—No, sir, not as between solicitor and client. I should guard myself by making it that it was "by consent." The man consents to pay. I could not, if you came before me and said, "I am willing to pay my solicitor £1,000." I would not say, " You shall not do so ; you shall only pay £500."

9

I.—B

217. Yes ; but you can say " the right charge is only £500." You ought to put at the bottom what the right charge is.—No ; that's not the principle of taxing. 218. Then what is the use of taxation ?—To fix charges if objected to. A person may object to many items, and consent to others. 219. Then why do they come before you to be fixed ? Would you prepare a sort of arrangement showing what should be the charges for the different cases ?—That would be very difficult, because I could not fix the fee, for instance, for which Mr. Stout would come up here. 220. But couldn't you fix what the leading counsel and second counsel should get, and so on ?— I could not say counsel should come up here for £50. He might say I won't come for less than £100. 221. The Chairman.] I will try to make it clear to you. The point that Mr. Williams and Mr. FitzGerald want to get at from you is this: Supposing this bill brought before you for taxation, by consent, had been for £2,000 instead of £500, would you have felt yourself warranted, by consent of the opposite side, in taxing it to that amount ?—Yes ; when by consent. I don't know whether there be any authorities in such cases. I have not looked them up, and I can't bring any to recollection. 222. In view of the fact that you had reason to believe that Mr. Wason was not going to be called upon to pay the whole amount, do you think it is proper to allow an exorbitant sum ?—I don't consider that I allowed any sum as taxing-master, except in a mere technical sense. 223. Then, you understood that the bill was being taxed really as a matter of form ?—Yes. 224. Had you any idea of who the invisible benefactor was that was going to pay the amount?— By conjecture, only, from what I saw in the papers when there was a discussion in the House. 225. Mr. Macandrew.] Did the taxing take place subsequent to the meeting of the General Assembly ?—Yes ; on the 26th. 226. The Chairman.] You gathered from what took place before you, as taxing-master, that if the amount as taxed were not paid from some other source than Mr. Wason himself, he would not be called upon to pay the full amount ?—Yes ; I understood that. I think I may fairly say that, from the way in which the clerks worded it. 227. I want now to ask you two or three formal questions. The practice, I believe, is this in the Supreme Court between the parties, in. taxing these bills of costs, you rely, as far as possible, upon English precedent ?—We follow English precedents—English rulings. 228. That is your authority ? —Yes ; if there is any doubt in a case we refer to the text books. 229. Yes ; of which there is a considerable number I believe ?—Yes. 230. Having now heard the cases mentioned yourself, can you say whether, in the future, a fee should be allowed greater than is allowed in ordinary cases in the Supreme Court ?—lf the election petition is an ordinary one, no. If there were any directions, as I put it before, of any nature on which the masters are to tax. 231. lam going to ask that presently. I want to get your own opinion now. Knowing the Act, and seeing its working, and having to tax bills of costs, can you see any reason why bills of costs should not be taxed in the same way as ordinary cases in the Supreme Court ? —No ; I don't think so now. I think in the election petitions most of the intricate points of law have been settled by present judgments—the question of aliens for instance. 232. Do you think it would be desirable to have regulations in regard to taxation ?—Very desirable. This is one of the difficulties of taxing-masters here, there are no regulations. 233. And if so prepared, regard should be had to what should be done in the Supreme Court, as to time taken up and nature of case ?—Yes; if a client chooses to bring up counsel to Christchurch, from Dunedin or Wellington, I would only allow him at the same rate as what he could have got counsel for at Christchurch. 234. Suppose Mr. Stout had claimed, and had been granted a fee of 500 guineas ?—That would have been exorbitant on taxing party and party costs, as between solicitor and client, and I should have reduced it. I should have followed the precedents in the English cases where very high fees have been reduced. Our Act follows the English Act. They have been reduced there where they have been extremely high, and I should certainly do the same. 235. With reference to the question of taxing election costs between party and party, as between solicitor and client: on that point, I mentioned that if costs were taxed, solely as between party and party, it would have the effect of reducing them to the loser, I should like to remark that I presume the object of directing that they shall be taxed in that manner, is, in order to prevent frivolous petitions being brought, as a person would be less likely to run the risk of being cast on costs on the higher scale than on the lower.

Monday, 24th July, 1882. (Mr. Sheehan, Chairman.) Captain Morris, M.H.E., examined. 236. The Chairman.] You know the functions of this Committee, Captain Morris ?—Yes. 237. One thing we are going into is the costs of disputed elections, and we are comparing the cost under the old system and the new. You were, I believe, a petitioner in this House in 1876 ?— Yes. 238. What did it cost you ?—I only know that the total of the whole thing was about £640, but that includes a case in the Supreme Court. It is all put together. I think you may put down the costs, as far as the case in the House was concerned, at £400 about. 239. That was before a Committee of the House ? —Yes. 240. Did yourself and Captain Eeid appear by counsel ?—Yes. 241. You won the petition ? —Yes. 242. What had you to pay ?—I was allowed £150, so it cost me altogether from £250 to £300. The witnesses were the greatest cause of expense. I. 8.-2.

I.—B

10

243. You had to bring a number of witnesses to Wellington and keep them here ? —Yes. 244. Mr. FitzGerald.] How much were counsels' fees ? —About £125, I think. 245. The Chairman.] That includes other legal charges ?—Yes. 246. Who were engaged ?—Mr. Shaw for me, and Mr. Barton for Captain Eeid. 247. Then they were both local practitioners and would not be taken away from their place of business ?—No, 248. Mr. Turnbull.] How many days did the enquiry last ?—About a month or six weeks. 249. But then the Committee would only sit occasionally ?—Yes. Sometimes one day a week, and sometimes two or three days. Sometimes there was no quorum, and on other days the sitting would only last a few minutes. The witnesses had to be kept here all the time. Mr. T. Daniel, M.H.E., examined. 250. The Chairman.] You were a candidate at the last election, and a petition was filed against your return ?—Yes. 251. By whom ?—By Mr. Henry Hirst, my opponent. 252. I see here is the Judges' order in the case. [Order read.] 253. Mr. Daniel.] The case was this way. There were two rolls, the ordinary roll and the supplementary roll. The Deputy-Eeturning Officer at Wairio ticked off the name of a man who voted there on the main roll, despite the protests of the man who told him his name and qualification were on the supplementary roll. There was another man of the same name (a relation,) 23 miles away, and the Eeturning Officer there ticked him off on the main roll. There was a similar case with two other men, whose names were similar, and both were ticked off on the same roll. My majority was only two, and when it was found that four men had voted apparently on two names only, Mr. Grant forced me to find the men. It took me a deal of time, and I had men in all directions hunting up these four voters. At last, I found one of them was in the Invercargill Hospital, dangerously ill. I telegraphed to Mr. Feldwick to take his depositions on oath, but the Eeturning Officer said he would have the man dead or alive, and I had to pay £5 to bring him up and send him back again. Mr. Feldwick very kindly came with him to be ready to take his depositions, if the man died on the way. I had a great deal of trouble to find the other man, too. 254. The Chairman.] I see, the names of the parties who caused the confusion, were Ford and Glinn ?■—Yes, there were two Fords and two Glinns. 255. Mr. Connolly.] You won the case before the Judges ?—Yes. 256. And Mr. Hirst had to pay all the costs ? —I have had to pay nothing ; but I expect I shall have to. 257. The Chairman.] Where was the case heard ?—At Eiverton. Major Harris, M.H.E., further examined. 258. The Chairman.] You took part in an election petition enquiry with reference to the Franklin North seat ? —Yes. 259. Were you petitioner or respondent ?—Eespondent. 260. Who was the petitioner ?—Mr. W. F. Buckland. 261. What was the result of the enquiry ?—The election was declared void. 262. Have you received any documentary evidence from Auckland ?—Yes. [Documents put in.] I may inform the committee I made a mistake in the total amount of costs. Instead of being £385, it was £398. That was the total on both sides. 263. Mr. Macandrew.] What was your part ?—My part was £247 13s. 2d. 264. The Chairman.] I see that the total amount Mr. Buckland claimed was £362 Is. lid : £139 4s. lid. was taxed off, leaving £223 17s. Against this £73 ss. 7d. was allowed you on account of issues found in your favor. Then you received a bill of costs from your own solicitor for £247 13s. 2d. Therefore the total you had to pay was £398 4s. 7d. ?—Yes. 265. Was your lawyer's bill taxed ?—No. 266. Mr. Macandrew.] Why not ?—The solicitor was the one I always employed. I knew he would do it as reasonable as possible, and I took the bill as it was sent to me. 267. The Chairman.] Mr. Lusk appeared as senior counsel, and Mr. Burton, who appeared with him, was allowed no fee I see ?—I understand so. 268. I observe the fee for counsel and clerk, with brief, was £80 14s. 6d. ?—Yes. 269. Then there is a refresher for counsel and clerk, £16 55.; 5 guineas for attending at Otahuhu when the case was closed. Another refresher for counsel and clerk, £16 ss. Those are the principal counsels' fees that have been allowed ?—Yes. 270. That is a total for counsel of £117 19s. 6d. ?—Yes. 271. I understand that the election was declared void not through either candidate having been guilty of a breach of the Act ?—Nothing was brought against either of us. 272. And that the main reason for voiding the election was a mistake made by the Eeturning Officer or his substitutes ? —Yes ; Hattaway went into the polling booth and questions were put at the instance of Hattaway by the Eeturning Officer, which ought not to have been. 273. Mr. Connolly.] This was not done at the instance of either candidate or his agent ?—No. 274. Where were you at that time ? —At Otahuhu, ten miles away. 275. And whatever Hattaway did there was entirely without your knowledge or consent ?—I knew nothing whatever about it. 276. Mr. Turnbull.] How far from Mr. Lusk's place of business did the trial take place ?—About 20 miles. That took him two days. The decision was given about ten miles away, and Jthat took him another day. 277. How many witnesses were there ?—I had about eight in attendance, and Mr. Buckland had about thirty, but only about eighteen altogether were examined.

I.—B.

278. The Chairman.] Have you agreed to accept Mr. Lusk's hill as it stands without taxation ? — Yes. He has always been my solicitor, and I would agree to pay whatever he charged. 279. Mr. Shrimski.] You have not had many law cases probably ?—This is the first I ever had. 280. And you know nothing about taxing bills of costs ?—Nothing whatever. 281. You will know better in future.—Yes. Captain Sutter, M.H.E., examined. 282. The Chairman.] You have had some experience of the working of the Election Petitions Act, having stood for Gladstone, and there being a petition presented against your return ?—Yes. 283. Who presented the petition ? —John and Eobert Eutherford. 284. Were either of them candidates ? —No ; simply electors. 285. What was their allegation ?—That the booth at Fairlie Creek was shut half an hour before the proper time. 286. There was no allegation of any improper or illegal practice oil your part ?—No ; that was the only allegation. I believe the booth was closed too soon. 287. What was your majority ?—Fifty-one. Thirteen came to the Fairlie Creek booth after it was shut. 288. Did you take any action? —Yes ; I employed a solicitor, and he employed another to assist him in getting up the case. 289. Did you receive any costs from the other side ?—No. 290. Was any order made ?—No ; I think not. I paid a cheque for £22 some time ago. That is all I have paid. 291. That was for your own expenses ?—Yes ; that was to Mr. White. 292. Have you been called npon to pay any costs by the petitioners ?—No. 293. Mr. White's bill has not yet been taxed ?—No ; the total is £87,1 think. 294. Mr. FitzGerald.] What was the result of the petition ?—lt was withdrawn, because they found that if those who came to the booth after it was closed had voted, it could not have altered the result. I have been told by friends that it was closed too soon, as the Eeturning Officer's watch was wrong. 295. The Chairman.] Was the petition withdrawn before the case was called on ?—The case was adjourned from Christchurch to Dunedin. I had to employ four solicitors through it being shifted about. 296. Will the costs of all of them be included in this total of £87 ?—I think so. 297. Mr. Wynn Williams.] According to law, as the case came to an end through the action of the other side, you ought to have nothing to pay, there being no extra costs ?—They offered to withdraw before it went to Committee, if I would pay my own costs ; but I would not listen to it, as the case was in my lawyer's hands. I am told that the petition being withdrawn, the petitioners should pay the taxed costs. 298. Mr. Williams.] I think so too.

Wednesday, 26th July, 1882. (Mr. Sheehan, Chairman.) Mr. H. Watt, examined. 299. The Chairman.] Mr. Watt, you were a candidate for the last election at Wanganui against Mr. Ballance ? —I was. 300. And you were the person declared returned by the Eeturning Officer ?—I was. 301. A petition was laid against you under the Corrupt Practices Act ?—There was. 302. By whom ?—I think it was by A. D. Willis and others. 303. Not by your opponent ?—I think his name was amongst the number. 304. The result was, your election was confirmed ?—Yes. 305. What was the actual allegation under which it was laid ?—Several; intimidation, I think, was one, and undue influence. Ido not think there was anything about bribery. 306. Mr. Williams.] Was there any allegation as to votes being wrongly taken ?—No ; nothing whatever. 307. Have you any information of the amount of costs incurred in consequence of this petition ? —My solicitor was in Wellington about six weeks ago, and he said the bill was £592, hut had been taxed down to £450. 308. Mr. Weston.] Who was your solicitor ?—Mr. Fitzherbert, of Wanganui. 309. The Chairman.] How long did your case last ?—Two days. 310. Of course these costs are made out by a solicitor ?—Yes. 311. Mr. Williams.] Does your solicitor ask you to pay the difference ?—No. 312. Then you will have nothing to pay ?—Before the costs were taxed there were several small items which could not be included, and amounted to £20 or £30, for which sum I gave a cheque. 313. The Chairman.] Then you are out of pocket about £25 ?—Yes. 314. Have you the amount of Mr. Ballance's bill of costs ?—No. 315. Mr. Weston.] Can we not get these bills of costs, Mr. Sheehan ?—I will make it my business to have them obtained. 816. The Chairman.] Do you remember what fee was allowed to your own counsel ? —No.

11

I.—B

12

Monday, 31st July, 1882. (Mr. Sheehan, Chairman.) Mr. Allwright, M.H.E., examined. 317. The Chairman.] Mr. Allwright, you know the object of the Committee I presume ?—Yes. 318. The Committee would like to hear any information you can give with regard to the petition against your return ?—I do not know that I have much to say. The only ground of the petition against me was that there were certain aliens on the roll, and that they had voted for me. Whether they did so or not it is impossible for me to say. The decision of the Judges was that all those on the roll were entitled to vote, and that was the end of the petition. 319. Your won ?—Yes. 320. Have you had to pay any expenses in connection with defending your seat ?—I have not had my bill of costs yet. Garrick & Cowlishaw were my solicitors. 321. Do you think your bill will be covered by the costs of the other side?—l have been informed, but this is not evidence, as I do not know whether it is correct or not, that my solicitors' bill will be between £80 and £90. 322. Mr. Macandrew.] Does not the decision carry costs ?—Not between solicitor and client, I understand. 323. Mr. Wynn Williams.] Legally the bill would be taxed as between party and party, and you would have to pay nothing I should think.—l am very glad to hear it. 324. The Chairman.] I asked Mr. Bloxam the question as to whether the petitioner was a man of straw or not, or whether the costs would be forthcoming from him ?—Virtually it was Mr. Eichardson's petition. 325. But you cannot make him responsible ? —There is no question about who was the petitioner. 326. Mr. Wynn Williams.] I suppose the costs have been paid ?—They had to give security. Three persons gave security for costs. 327. Security for £200, and the costs were taxed below that ? 328. Mr. Connolly.] The petitioner's costs were taxed at £180. 329. Mr. Wynn Williams.] It is quite clear that unless Mr. Allwright chooses to pay his solicitor out of his own pocket more than would be allowed as between party and party, that he need not pay a penny. 330. Mr. Allwright.] I think it is wrong that a wealthy man should have the power to present a petition against a poor man on such paltry grounds as in this case, because the Eegulations of Elections Act, under which my case was decided, seems to me so clear that lawyers are not wanted to argue it, because it is stated plainly that all those on the roll shall vote. The Judges decided on that point, that if aliens were on the roll they were entitled to vote. In this case I had not only a wealthy man against me, but it was generally supposed that a wealthy Corporation was fighting against me. In such a case as that it might have the effect of frightening a poor man into throwing up his election, and not defending it. 331. Mr. Wynn Williams.] You would still be liable. 332. Mr. Macandrew.] In your opinion, is the change of trying election petitions by the Judges, instead of by the House, an improvement ?—I do not think it is, if solicitors are allowed to charge such enormous costs as they have done in these cases. The costs are so large that they are calculated to frighten a poor man from contesting. 333. Do you think it would be better to revert to the old system of trying petitions ?—I do not say that, but I do not think the change has been an improvement.

Wednesday, 2nd August, 1882. (Mr. Sheehan, Chairman.) Mr. Joseph Devine, examined. 334. The Chairman.] You are clerk to Messrs. Buckley, Stafford, and Fitzherbert.—Yes. I produce certain papers in the Wanganui Election Petition case. The respondent's costs rendered amount to £593 Os. sd. On taxation the amount was reduced by £155 18s. 10d., leaving a balance of £437 Is. 7d. There has been sent in an application for a review of the taxation. I cannot say at present what is the amount of Mr. Ballance's own costs.

APPENDIX.

JUDGES' CEETIFICATES IN CONNECTION WITH ELECTION PETITIONS. A. —Wakanui Election. To the Honorable the Speaker of the House of Eepresentatives. In the matter of " The Election Petitions Act, 1880," and in the matter of the Petition of Joseph Ivess, of Ashburton, Journalist, in respect of an Election for the Electoral District of Wakanui, holden on the 9th day of December, 1881, a copy of which Petition is hereunto annexed. We, the undersigned, two of the Judges of the Supreme Court, duly appointed to try the abovementioned petition, having tried the same in accordance with the provisions of the said Act, do hereby respectfully certify our determination that John Cathcart Wason was not duly returned and elected as member for the said Electoral District of Wakanui, and that the said election was void. Witness our hands this 22nd day of February, a.d. 1882. Alexander J. Johnston, Joshua Strange Williams.

13

I.—B

B.—Franllin North Election. To the Honorable the Speaker of the House of Eepresentatives of New Zealand. In the matter of " The Election Petitions Act, 1880," and the Petition of William Francis Buckland, against the return of Benjamin Harris, for the Electoral District of Franklin North. We, the Judges, appointed to try the election petition of William Francis Buckland, against the return of Benjamin Harris, as member for the Electoral District of Franklin North, do hereby certify, in accordance with the provisions of " The Elections Petitions Act, 1880," that we have determined that the said election of the said Benjamin Harris was void, and we do further report— 1. That no corrupt practice has been proved to have been committed by or with the knowledge and consent of any candidate at such election. 2. That one Eobert Hattaway, an elector of the said district, was proved to have been guilty of the corrupt practice of intimidation. 3. That there is no reason to believe that corrupt practices have extensively prevailed at the said election. Given under our hands this sixteenth day of March, 1882. James Prendergast, Thomas B. Gillies.

C.—Lyttelton Election. To the Honorable the Speaker of the House of Eepresentatives. In the matter of " The Election Petitions Act, 1880," and in the matter of the Petition of William Hollis, of Lyttelton, Builder, in respect of an Election for the Electoral District of Lyttelton, holden at Lyttelton, on Friday, the 9th day of December, 1881, a copy of which said Petition is hereunto annexed. We, the undersigned, two of the Judges of the Supreme Court, duly appointed to try the above mentioned petition, having tried the same in accordance with the provisions of the said Act, do hereby respectfully certify our determination that Harry Allwright, whose return and election is complained of in the said petition, was duly elected and returned as member for the Electoral District of Lyttelton. Witness our hands this 23rd day of February, 1882. Alexander J. Johnston, Joshua Strange Williams.

D.—Gladstone Election. To the Honorable the Speaker of the House of Eepresentatives. In the matter of " The Electoral Petitions Act, 1880," and in the matter of the Petition of Robert Rutherford, in respect of an Election for the Electoral District of Gladstone, holden on the 9th day of December, 1881, a copy of which is hereunto annexed. We, the undersigned, two of the Judges of the Supreme Court, duly appointed to try the abovementioned petition, respectfully report that the said petition was withdrawn, with our leave, upon an application to withdraw the same duly made to us ; and that, in our opinion, the withdrawal of such petition was not the result of any corrupt arrangement, nor was it in consideration of the withdrawal of any other petitions. Witness our hands this 4th day of March, 1882. Alexander J. Johnston, Joshua Strange Williams.

E. —Wallace Election. To the Honorable the Speaker of the House of Eepresentatives. In the matter of the Petition of Henry Hirst, of Orepuki, Farmer, in respect of an Election for the Electoral District of Wallace, holden on Friday, the 9th day of December, 1881, a copy of which said Petition is hereunto annexed. We, the undersigned, two of the Judges of the Supreme Court, duly appointed to try the abovementioned petitions, having tried the same in accordance with the provisions of the said Act, do hereby respectfully certify our determination that Theophilus Daniel, whose return and election is complained of in the said petition, was duly elected and returned as member for the Electoral District of Wallace. Witness our hands this 2nd day of March, 1882. Alexander J. Johnston, Joshua Strange Williams.

I.—B

14

F.—Stanmore Election. The Honorable the Speaker of the House of Eepresentatives. In the matter of " The Election Petitions Act, 1880," and in the matter of the Petition of William Patten Cowlishaw, of the city of Christchurch, solicitor, in respect of an Election for the Electoral District of Stanmore, holden on the 9th day of December, 1881, a copy of which said Petition is hereunto annexed. We, the undersigned, two of the Judges of the Supreme Court, duly appointed to try the abovementioned petition, having tried the same in accordance with the provisions of the said Act, do hereby respectfully certify our determination that Walter Hippolite Pilliet was not duly elected and returned as member for the said Electoral District of Stanmore, and that the said election was void ; and we do further respectfully report as follows, that is to say — 1. That an illegal practice was proved to have been committed by and with the knowledge and consent of Walter Hippolite Pilliet, a candidate at the said election, in that he, the said Walter Hippolite Pilliet, for the purpose of promoting and procuring the election of the said Walter Hippolite Pilliet, at the said election, engaged and employed for promise of payment one John Scott, of Stanmore Boad, law clerk, an elector of the said district, as clerk and committee-man. 2. That no corrupt practice has been proved to have been committed at the said election by or with the knowledge and consent of any candidate at the said election. 3. That the said John Scott was proved at the trial to have been guilty of an illegal practice in that he, the said John Scott, being an elector of the said district, was the person so engaged and employed as above mentioned by the said Walter Hippolite Pilliet. 4. That no other person was proved to have been guilty of any illegal practice, nor has any person been proved to have been guilty of any corrupt practice. 5. That there is no reason to believe that either corrupt or illegal practices prevailed extensively at the said election. Witness our hands this 20th day of February, a.d., 1882. Alexander J. Johnston, Joshua Strange Williams.

G.—Wanganui Election. To the Honorable the Speaker of the House of Eepresentatives, New Zealand. In the matter of " The Election Petitions Act, 1880," and the Petition of Willis and others against the return of William Hogg Watt for the Electoral District of Wanganui. We, the Judges appointed to try the election petition of Archibald Duddington Willis, John Ballance, and Stuart Hercus Manson, against the return of William Hogg Watt, as member for the Electoral District of Wanganui, do hereby certify in accordance with the provisions of " The Elections Petitions Act, 1880," that the said William Hogg Watt was duly elected member of the House of Eepresentatives for the said Electoral District of Wanganui; and we do also hereby report that no corrupt practice has been proved to have been committed by or with the knowledge or consent of any candidate at the said election, and that there is no reason to believe that corrupt practices have extensively prevailed at the said election. Given under our hands this ninth day of March, one thousand eight hundred and eighty-two. James Prendergast, Thomas B. Gillies.

COEEESPONDENCE. No. 1. The Clerk of the Committee to Messrs. Harper & Co. Gentlemen, — House of Eepresentatives, Wellington, 24th July, 1882. I have the honor by direction of the Chairman of the Select Committee appointed to report on certain cases tried before the Election Petitions Courts, to forward you herewith copy of a portion of the evidence of Mr. Bloxam, Eegistrar of Supreme Court, Christchurch, relative to Mr. Wason's costs if you desire to make any remarks thereon. The whole of Mr. Bloxam's evidence will be forwarded to you when printed. I have, &c, J. Fynes Clinton, Messrs. Harper & Co., Christchurch. Clerk Election Petitions Inquiry Committee.

No. 2. Similar letter to No. 1 sent to J. C. Wason, Esq.

I.—B.

No. 8. Messrs. Harper & Co. to the Clerk of the Committee. (Telegram.) Christchurch, 27th July, 1882. J. Fynes Clinton, Esq., Clerk Election Petitions Committee, Wellington.—Your letter of 24th inst. received, and we are much surprised at extract of evidence kindly forwarded, as over half of costs of both sides are shown in our books to have been paid by Mr. Wason, by two instalments, on 22nd March and 29th April respectively, and balance was arranged to be paid, in the ordinary course, out of moneys coming to Mr. Wason, through his agency account with us. If any statement, such as mentioned in the evidence, was made by the clerk on taxation, it was without the knowledge of principals, and entirely without foundation. Letter follows to-day.—Harper & Co.

No. 4. Messrs. Harper & Co. to the Clerk of the Committee. Sir,— Hereford Street, Christchurch, N.Z., 27th July, 1882. We have received your letter of the 24th inst., forwarding extract of evidence of Mr. Bloxam, the Eegistrar of the Supreme Court, given before the Committee on Elections Petitions Enquiry, for which Aye have to thank you and the Chairman of the Committee. The receipt of this evidence is the first intimation that we have ever received of the supposed arrangement between ourselves and Mr. Wason, by which we were to forego some of our costs, we have, therefore, only to assure the Committee that no such arrangement was ever contemplated by us, or by Mr. Wason, nor was the subject ever mentioned between us. Our clerk, who appeared on the taxation of the costs, on being shown the evidence, informs us that he may have made some such observation as that mentioned, but, if he did so, it was entirely without reference to any communication between him and ourselves, or without having the slightest authority for saying so. He was at the time ignorant of the fact that two sums, amounting together to £382, had already been paid on account of these costs. We have also to state that Mr. Wason had previously instructed our accountant, who has charge of an agency account (which we have had with Mr. Wason for the last five years), to pay, on his account to our costs department, any balance which might be shown to be due by him after taxation. In conclusion, we beg to repeat that no such arrangement as that suggested by the evidence was ever contemplated by us, or as far as we know by Mr. Wason ; and should the committee require any further evidence on this point, we shall be glad to furnish the same on affidavit or in person. We have, &c, J. Fynes Clinton, Esq., Clerk to Committee on Elections Harper & Co. Petitions Enquiry, Wellington.

No. 5. Mr. J. C. Wason to the Clerk op the Committee. Sir,— Corwar, Banhill, July 26, 1882. I have the honor to acknowledge receipt of your favor of the 24th instant, enclosing portion of Mr. Bloxam's evidence before the committee. While I cannot think it is the intention of the committee to offer a gratuitous insult to either Messrs. Harper or myself, I must take immediate exception to the bare suggestion that there has been any, or is any, collusion between Messrs. Harper and myself with regard to the costs incurred. Application to the Messrs. Harper or myself would have settled the question without any such innuendoes. Messrs. Harper's business seems divided into two branches, one legal and one agency, and they have been acting for me for years in both capacities. When the trial was concluded, and before I had any idea of petitioning the House, I called at Messrs. Harper to see Mr. Parkinson, the manager of the agency business, and requested him to pay the costs to the legal department and charge my agency account with them; and having done so, and Mr. Parkinson always having paid sums for me on a like request, for instance, rent (law charges to their department), property law, land law, and other matters, I concluded that the costs were paid, and am still of the opinion that they are. Some time after the decision, I told Mr. Harper, as I intended to petition the House, I must have his bill of costs taxed. No bargain or arrangement of any description was at any time made between us. I mentioned to Mr. Harper that I must have his bill of costs taxed simply because during all the years he has acted as solicitor for me I have paid his costs without question. I have, &c, J. Fynes Clinton, Esq., Clerk to Committee, J. Cathcart Wason. Election Petitions Enquiry.

15

I.—B

16

DETAILS OF BILLS OF COSTS. Taxed off. Court for the Trial of an Election Petition for the Feb. 13, 1882 —continued. £ s. d. £s. d. Electoral District of Wakanui, under " The Election Drawing same, fair copy to keep, copy 076 016 Petitions Act, 1880," between Joseph Ivess, Petitioner, to file, and copy for service and John Cathcart Wason, Bespondent. Attending serving respondent's solicitor 068 018 Petitioner's cOBt of petition against the return of respondent Attending at Eegistrar's office, filing ... 068 as member of the House of Eepresentatives for the Electoral Paid fee ... ... 030 District of Wakanui, on the grounds of unqualified persons -Feb. 18, 1882 having voted, and the votes of duly-qualified persons in some Attending Mr. Q. Harper as to admis- 068 068 cases having been refused and in some cases having been dis- sions re aliens and minors, but he deallowed ; under order dated Wednesday, the 22nd February, elmed to make any admissions thereon ,gg 2 . Writing respondent's solicitor that we 050 050 Taxed off. abandoned objections to votes of D. Dec, 1881 — £ s. d. £ s. d. Jackson, J. C. Haslitt, and C. Q-arforth Instructions for petition, long and special 220 1 1 o Preparing praecipe for subpoena duces 012 6 Attending Supreme Court, searching 068 068 tecum for Clerk of Parliaments, and Gazette for statutory notice, and ulti- attending Supreme Court sealing mately found that same was regular Paid fee ... ... 050 Drawing petition, successful allegations, 013 6 Copy to serve ... ... "020 9 folios Service on Major Campbell, at Lyttelton 068 Eair copy ... ... 046 Writing Messrs. Chapman and Eitz- o 5 o Pee to counsel to settle same ... 246 1 1 o Grerald, Wellington Agents, with origiWriting Mr. Stout therewith ... o 5 o nal and copy, and instructions to serve Having received draft petition settled, 068038 on Major Campbell's subordinate perusing same ■ On receipt of telegram from them, draw- 068 018 Eair copy as settled ... ... 046 ing and attending transmitting teleEngrossing petition for signature, 9 folios 090 046 gram, in reply, to serve subordinate in Attending with petitioner on two electors 013 4 Major Campbell's absence, and to pay of Wakanui District to attest his signa- travelling expenses if required ture of petition On receipt of further telegram, drawing 068 018 Eair copy petition for insertion in news- 046 and attending transmitting telegram, papers in reply, as to service Attending Ashburton Mail office there- o' 6 8 Eeceiving and perusing letter from them with, and instructing as to insertion saying service effected by Mr. ButherAttending, perusing, and revising proofs 068 038 ford on his way down Paid for insertion ... ... 330 111 6 Paid their charges ... ...230018 Drawing appointment of solicitor, and 050 Preparing praecipe for, and subpoena 012 6 fair copy, and engrossing same duces tecum for, C. P. Cox, and attendAttending petitioner signing same ... o 6 8 ing Supreme Court sealing Drawing bond, fair copy, engrossing, at- 3 3° 016 4 Paid fee ... ... 050 tending petitioner signing same, at- Copy to serve ... ... 020 tending three sureties signing same Service ~. ... 050 Attending Eeturning Officer with peti- 068 Preparing priecipe for, and subpoena 012 6 tion and bond duces tecum for, Q. Jameson, and atMaking brief copy petition as lodged to 046 tending Supreme Court sealing accompany depositions, to lay before Paid fee ... ... 050 counsel to advise on evidence Copy to serve ... ... 020 Instructions to counsel to advise on cvi- 220 018 8 Service ... ... 050 dence, with copy depositions, &c. Preparing praecipes for and thirteen 826 476 Writing him, with papers and depositions 050 subpoenas ad test., and attending Paid his fee to advise on evidence, and 246 014 o Supreme Court sealing, at 12s. 6d. each clerk Paid fees ... ... 350 115 o Drawing retainer to Mr. Stout, and 068 Copies for service on 23 witnesses ... 260 020 writing him therewith Service on — Curtis, Ashburton ... o 5 o^ Paid his fee and clerk ... ... 5100 480 Service on W. E. Boyle, Ashburton ... o 5 o Copy petition to serve ... ... 046 Service on C. B. Branson, Ashburton ... 050 Service on respondent, 30 miles from 115 o 013 o Service on G-eorge Wright, Ashburton... 050 Ashburton Service on Malcolm Miller, Ashburton 050 Feb. 2, 1882 — Service on James Wilson, Wakanui, 8 013 o Attending Mr. Stout, appointing consul- 06 8 miles from Ashburton tation Service on Hugh Kennedy, Wakanui, 8 050 Paid his fee and clerk ... ... 136 miles from Ashburton Feb. 3, 1882 — Service on P. Malley, Eakaia, 18 miles 1 3 o "a Attending consultation ... ... 013 4 068 from Ashburton _ Feb. 4, 1882—■ Service on John Mackle, Eakaia ... 050 Attending Mr. Stout, appointing consul- 068 Service on W. Stevens (No. 1), 4 miles 090 >, tation from Eakaia Paid his fee and clerk ... ... 136 Service on P. O'Keefe, 4 miles from 090 '_ Attending consultation ... ... 0134 068 Eakaia Feb. 5, 1882— ' Service on T. Stevenson (No. 1), 4 miles 090 t3 Attending Mr. Stout, appointing consul- 068 from Eakaia ■- tation Service on John Barclay, 8 miles from 013 o I g, Paid his fee and clerk ... ... 1 36 Eakaia ' Feb. 6, 1882 — Service on H. B. Kennedy, Longbeach, 015 o <^ Attending consultation ... ... 013 4 068 10 miles from Ashburton _ Feb. 8, 1882— Service on M. Sullivan (No. 1), Long- 010 o § Attending respondent's solicitor, who 068 beach, 15 miles from Ashburton .'S agreed to admit formal matters, and Service on Daniel Buckley (No. 1), 1 7 o § would sign admission, in order to save Mitcham, 22 miles from Ashburton ja expense Service on T. Stevenson (No. 2), Barrhill, 115 o a Feb. 13, 1882—■ 30 miles from Ashburton o Attending Mr. Or. Harper, going through 013 4 Service on M. Sullivan (No. 2), Seafield, 010 o fx. petition with a view to admissions on 5 miles from Ashburton both sides Service on James Wilson (No. 2), Dro- on o Drawing same and fair copy, 2 folios ... o 4 o more, 6 miles from Ashburton Two engrossments for signature ... 040 020 Service on W. Stevens (No. 2), Wheat- 013 o Attending Mr. Harper, exchanging parts 068 stone, 8 miles from Ashburton Drawing and attending transmitting tele- 068 018 Service on D. Buckley (No. 2), Chert- 100 gram to petitioner thereon Bey, 15 miles from Ashburton Paid ... ... 010 Service on James Santy, Methven, 22 170 Instructions for list of objections ~, 013 4 068 miles from Ashburton

17

I.—B,

Taxed off. Feb. 18, 1882—continued. £ s. d. £ s. d. Instructions for brief, 30 witnesses ... 20 o o Drawing same, 52 folios ... ... 318 o Two brief copies and copy doctiments 314 o for counsel, 74 folios each Drawing index to witnesses, alphabeti- 030 caliy arranged, 2 folios Two copies for counsel .., ... 020 Six copies notice to produce for counsel 012 o Collecting Gazettes from Ist October to 100 0134 31st December, 1881, for use at trial Fee to Mr. Stout, with )>rief and clerk,., no o o 23 18 o Writing long and special letter therewith 1 1 o Eec to Mr. Wilding with brief, and clerk 82 13 6 25 5 6 Feb. 20, 1882— Fee to Mr. Stout for consultation last- 5126 220 ing several hours Consultation fee to Mr. Wilding ... 310 6 1 1 o Feb. 21, 1882— Paid fee to Mr. Stout to attend Court 27 no 27 no first day Paid him consultation fee and clerk ... 2 9 6 Attending him ... ... 068 068 Paid fee to Mr. Wilding to attend Court, 16 10 o 16 10 o first day Paid him consultation fee and clerk ... 1 36 Feb. 22, 1882— Paid fee to Mr. Stout and clerk to attend 296 consultation Paid fee to Mr. Wilding and clerk to 136 attend consultation Eefresher fee to Mr. Stout to attend 27 II o 27 no Court this day Attending him ... ... 110 110 Eefresher fee to Mr. Wilding to attend 16 10 o 16 10 o Court this day Paid railway fare and expenses of Mr. 710 o 710 o Stout (fare, £3 65.; 4 days at £1 is., £4 45.) Paid railway fare and expenses of Mr. 416 4 1 o Wilding (fares, iBs.; days at £1 is., £3 3«.) Attending Court when election declared void, and petitioner allowed general costs, but not costs of allegations in which he had not succeeded Drawing order accordingly, 3 folios ... o 4 6 Copy for Eegistrar to settle ... ... 016 Attending Eegistrar, settling same ... 068 Copy to keep ... ... 016 Engrossing ... ... 030 Attending Supreme Court sealing ... o 6 8 Paid fee ... ... 060 Copy to serve ... ~, 016 Service ... ... 050 Drawing bill of costs, 42 folios ... 220 Fair copy ... ... 1 1 o Copy for Eegistrar and copy to serve ... 2 2 o Preparing prascipe for and appointment 020 to tax Attending for appointment ... ... 068 Paid fee ... ... 050 Copy appointment to serve ... ... 006 Service of same and bill of costs ... 050 Attendances and correspondences in set- 1000 300 tling accounts of the several witnesses —30 in number—paying same, and taking discharges Drawing affidavit of increase, 19 folios 1 8 6 Fair copy ... ... 096 Engrossing ... ... 019 o 096 Attending signing before solicitor to 088 swear, and paid oath Attending Supreme Court filing ... 068 Paid fee ... ... 030 Copy to serve ... ... 096 Service ... ... o 5 o Attending taxing ... ... 11 o Paid fee ... ... o 10 o Letters, attendances, telegrams, postages, 200 &c. 440 9 3 Witnesses ... ... 62 17 10 11 7 8 5°3 7 ' J93 13 4 Taxation fee ~. ... 015 o 504 2 1 Amount taxed off ... 193 13 4 Taxed and allowed ~, 310 8 9 15th April, 1882. A. E. Bloxam, Eegistrar,

3—l. 8.

SCHEDULE OF PAYMENTS TO WITNESSES. Taxed off. £ 8. d. £ s. d. Joseph Ivess, petitioner, Ashburton, journalist and auctioneer, — Two days'attendance at Court 220 A. J. Eutherford, Secretary to Clerk of Parliaments, Featberston, — Eight days' attendance at Court and 880 travelling Travelling expenses ... ... 710 6 15 18 6 C. P. Cox, Eegistration Officer, Ashburton, — Two days' attendance at Court ... 2 2 o Bail way fare and expenses ... on 6 o 3 0 2 13 6 John Curtis, Eegistration Officer's Clerk, Ashburton, — Two days'attendance at Court ... 2 2 o Eail way fare and expenses ... on 6" 213 6 213 6 W. B. Boyle, Deputy Eeturning Officer, Ashburton, — Two days' attendance at Court ... 2 2 6 Eailway fare and expenses ... on 6 2 13 6 C. B. Branson, Deputy Eeturning Officer, Ashburton, — Two days'attendance at Court ... 2 2 6 Eailway fare and expenses ... on 6 213 6 Malcolm Miller, Ashburton, farmer, 22 miles, — Two days'attendance at Court ... 1 10 o Bailway fare and expenses, 5 miles at oij 3 03d 9d., 3s. 9d. ; fare, Bs. 6d.; night, 3s. 253 James Wilson, Wakanui, farmer, 25 miles, — Two days' attendance at Court ... 110 o Bailway fare and expenses, 8 miles, 017 6 6s. ; fare, Bs. 6d.; night, 3s. 276 276 James Wilson, Dromore, contractor, ij miles from Eakaia, — Two days' attendance at Court .., 1 o o Bailway fare and expenses, fare, 068 3s. Bd. ; night, 38. 168 168 Daniel Buckley, Mitcham, farmer, 4 miles from Eakaia, — Two days'attendance at Court ... 110 o Travelling expenses, 4 miles at gd., 060 630 38. ; night, 3s. 1 16 o Daniel Buckley, Chertsey, labourer, 15 miles, — Two days' attendance at Court ... 1 o 0 Travelling and expenses, 15 miles at 014 3 030 9d., ns. 3d.; night, 3s. 1 14 3 Hugh B. Kennedy, Longbeaoh, farmer, 27 miles, — Two days'attendance at Court ... 110 o Eailway fare and expenses, 10 miles at 016 2 030 gd., 7s. 6d.; fare, ss. Bd.; night, 3s. 262 Hugh Kennedy, Wakanui, labourer, 25 miles, — Two days'attendance at Court ... 1 o o Eailway fare and expenses, 8 miles at 014 8 030 gd., 65.; fare, ss. Bd.; night, 3s. 1 14 8 W. Stevens, South Eakaia, farmer, 4 miles, — Two days'attendance at Court ... 110 o Travelling expenses ... ... 0100 200

I.—B.

18

Taxed off. £ s. d. £ s. d. P. O'Keefe, South Eakaia, labourer, 4 miles, —■ Two days' attendance at Court ... 100 Travelling expenses ... ... 060 030 160 James O'Keefe, South Eakaia, boy, 4 miles, — Two days'attendance at Court ... 010 o Travelling expenses, 4 miles at 6d., 25.; 036 016 night, is. 6d. 0 13 6 P. Malley, Eakaia, mechanic, — Two days'attendance at Court ... 1 o o John Mackle, South Eakaia, labourer, 8 miles, — Two days'attendance at Court ... 100 Travelling expenses, 6s. and 3s. ... 090 030 1 g 0 Thomas Stevenson, Barrhill, labourer, 12 miles, — Two clays'attendance at Court ... 1 0 o Travelling and other expenses—l 2 012 o 030 miles at gd., gs., and 3s. 112 o M. Sullivan, Seafield, labourer, 22 miles —■ Two days' attendance at Court ... 1 o o Travelling and expenses — 5 miles at 0125 030 gd., 3s. gd.; fare, ss. Bd.; night, 33. ■ 112 5 M, Sullivan, Longheach, labourer, 20 miles, — Two days' attendance at Court ... 100 Travelling expenses, &c. ... ... 013 6 030 1 13 6 W. Stevens, Wheatstone, mechanic, 26 miles, — Two days'attendance at Court ... 1 o o Travelling expenses, &c, g miles, 6s. 0155 030 gd. ; fare, ss. Bd. ; night, 3s. 1 '5 5 Thomas Stevenson, Eakaia, labourer, 4 miles, — Two days' attendance at Court ... 100 Travelling expenses, &c, 4 miles; 060 030 night, 3s. ■ — 160 James Santy, Methven, labourer, 22 miles, — One days'attendance at Court ... 010 o Travelling expenses, 22 miles, 16s. 6d.; 019 6 night, 3s. 196 1 g 6 John Davidson, Ashburton, accountant, 22 miles, — Two days'attendance at Court ... 2 2 o Travelling expenses ... ... on 6 030 2 13 6 T. A.. Winter, Eakaia, auctioneer, — One day's attendance at Court ... 1 1 0 1 1 o A. McKey, Eakaia, Deputy Eeturning OfficerOne day's attendance at Court .., 1 1 o £62 17 10 Summary. j. Ivess ... ... 220 A. J. Eutherford ... ... 13 18 6 C. P. Cox ... ... 2136 030 John Curtis ... ... 2136 213 6 W. E. Boyle ... ... 2136 030 C. B. Branson ... ... 213 6 030 M. Miller ... ... 253 030 J. Wilson ... ... 276 276 J. Wilson ... ... 1 6 8 1 6 8 D.Buckley ... ... 116 o 030 D. Buckley ... ... 114 3 030 H. B. Kennedy ... ... 262 030 H. Kennedy ... ... 1148 030 W. Stevens ... ... 200 P. O'Keefe ... ... 160030 J. O'Keefe ... ... 013 6 016 P. Malley ~. .., 100

Taxed off. £ s. d. £ s. d. J. Macklo ... ... i go 030 T. Stevenson ... ... 1120 030 M. Sullivan ... ... 112 5 030 M. Sullivan ... ... 113 6 030 W. Stevens ... ... IIJ 5 030 T. Stevenson ... ... 160 030 J. Santy ... ... ig6 ig6 J. Davison ... ... 2136 030 T. A. Winter ... ... 1 1 o 1 1 o A. McKey ... ... 1 1 o 62 17 10 n 7 8 Taxed off ... ... 11 78 Total ... ... £51 10 2 In the Supreme Court of New Zealand, Canterbury District. In the matter of a bill of costs of J. C. Wason, of Corwar, to Messrs. Harper and Co., solicitors, Christchurch, taxed under an order made by his Honor Mr. Justice Williams, on the sth day of June, 1882. I hereby certify—■ 1. That on the taxation of a bill of costs, amounting to the sum of £3go 13s. gd., due and owing by J. C. Wason, of Corwar, to Messrs. Harper and Co., solicitors, Christchurch, which taxation commenced on the 26th day of June, 1882, Mr. H. J. Beswick appeared for Messrs. Harper and Co. in support of the bill. 2. That there was no appearance on behalf of Mr. Wason, and that an affidavit having been filed that notice of the time and place fixed for the taxation had been sent to and received by him, the taxation proceeded, and items 1 to 94 inclusive were passed. 3. That on the application of Mr. Beswick the taxation was then adjourned to the 28th day of June, at which time Mr. H. J. Beswick again appeared for Messrs. Harper and Co., and Mr. Cunningham on behalf of Mr. J. W. Stringer, solicitor for Mr. Wason. 4. That the taxation was proceeded with, and that all the remaining items of the bill were either reduced by the consent of Mr. Beswick, or were consented to by Mr. Cunningham on behalf of Mr. Stringer, for Mr. Wason, and that the sum of £18 is. Bd. was deducted from the amount of the bill. I, therefore, by the consent given on behalf of Mr. Wason, further certify that there is due and owing, on the reference by J. C. Wason to Messrs. Harper and Co., solicitors, Christchurch, the sum of £372 1 is. gd. Dated this 28th day of June, 1882. A. E. Bloxam, Eegistrar J. C. Wason, Esq., Corwar, Dr. to Harper and Co., Solicitors, Chris tchurch. Taxed under order of 5 th June. Ec Wakanui Petition. Taxed off. Jan. 3, 1882— £ s. d. £ s. d. Attending you re petition Mr. Ivess was 068 about to lodge against your return for Wakanui Ivess v. You. Instructions to defend ... ... 068 Jan. 20, 1882— Attending and conferring with youhereon 068 Having received copy petition, perusing 048 and considering same, 14 folios Instructions to authorize Mr. Poyntz, of Asliburton, to go through electoral roll and act on your behalf Making list of votes set out in petition 026 for Mr. Poyntz's guidance Letter to Mr. Poyntz with same, and 052 instructing him to act Attending to despatch telegram from Mr. Wason to Mr. Poyntz Paid ... ... 010 Jan. 23, 1882 — Having received letter from Mr. Poyntz 068 re striking aliens and minors off the roll, and also one from Mr. Wason to same effect, perusing and considering same Letter to Mr. Poyntz instructing him 052 fully as to above Letter to Mr. Wason in reply, informing 052 him that we had instructed Mr. Poyntz Jan. 26, 1882 — Attending searching Gazettes to ascer- 110 014 4 tain if certain foreigners were naturalized —engaged one day

I.—B.

Taxed off. £ s. d. £ s. d. Jan. 27, 1882 — Attending Mr. Poyntz re special matters 068 in connection with petition Jan. 28, 1882— Attending you re petition ... ... 068 Jan. 31, 1882— Telegram to Mr. Poyntz to come to town, 050 as we wished to see him preparatory to preparing list of respondent's objections Paid ... ... 010 Feb. 1, 1882— Attending Mr. Poyntz — engaged one 013 4 hour Telegram to Mr. Poyntz for copy of Mail 050 containing petition Paid ... ... 010 Feb. 2, 1882— Telegram to Mr. Poyntz re striking off 050 aliens, &c. Paid ... ... o 2 g Feb. 3, 1882— Letter to Mr. Poyntz re personation ... o 5 2 Telegram to Mr. Poyntz with reference 050 to voters which Mr. Wason couldobject to Paid ... ... 017 Feb. 6, 1882— Attending you re petition ... ... 068 Feb. 8, 1882— Again attending you re same matter ... o 6 8 Letter to Mr. Poyntz to send list of per- 052 sons who were supposed to have voted for Ivess Feb. 10, 1882— Telegram to Mr. Poyntz as to names 05° placed on roll after issue of writ Paid ... ... 0 2i Feb. 11, 1882— Attending searching to see if Mr. Wild- 068 ing had filed notice of his appointment on behalf of petitioner Paid search ... ... 010 Feb. 13, 1882— Telegram to Mr. Crisp to look up claim 050 1008 Paid ... ... 010 Having received petitioner's list of objec- 010 tions, perusing same, 3 folios Drawing respondent's list, 8 folios ... 012 o Fair copy for counsel to settle ... o 4 o Counsel's fee, settling ... ... 246 Engrossing two copies, 16 folios ... o 8 o Service of one copy on Mr. Wilding ... o $ o Attending to file copy ... ... 068 Paid ... ... o^o Feb. 15, 1882— Preparing two subpoenas and praecipes 1 5 o for Joyce, Glenstein, Walker, Morrison, Schneider, Stigley, and Worthington (aliens) Paid sealing ... ... 010 o Feb. 16, 1882— Seven copies thereof for service ... 014 o Letter to Mr. Poyntz therewith, for 054 service Preparing subpoena and praecipe for 012 6 C. P. Cox, Eegistrar of Electors Paid sealing ... ... 050 Copy for service ... ... 020 Letter to Mr. Poyntz therewith, for 052 service Having received petitioner's supple- o 1 4 mentary list, perusing tarn;, 4 folios Feb. 17, 1882— Preparing subpoena and praecipe to I. and 012 6 D. T. Murphy and I. and I. Wilson (personation) Paid sealing ... ... 050 Four copies for service ... ... 080 Preparing subpoena and praecipe to 012 6 C. Hawkins and J. McKenzie (minor.-) Paid sealing ... ... 050 Two copies for service ... ... 040 Letter to Mr. Poyntz thereon, instructing 054 054 him to serve Having received letter from Crisp, in- 050 quiring if he would proceed against voters, telegram to him not to proceed further

Taxed off. £ s. d. £ b. d. Feb. 17, 1882—continued. Paid for same ~. ... - o 1 o Preparing subpoena and praecipe to E. 012 6 and W. Shannon and D. T. Shand (infants in petitioner's list), and Mr. Shannon Four copies for service ... ... 080 Preparing subpoena and praecipe to W. 012 6 Fraser, D. McLeod, E. Bird, K. Sands (not duly registered) Four copies for servico ... ... 080 Preparing subpoena and praecipe to Cave, 012 6 Balfour, McKenzie, and Hcseltine (not duly registered) Four copies for service ... ... 080 Attending to seal above subpoenas (3), 015 o and paid Letter to Hardy and Co., with Shannon's 052 subpoena and copies for service Letter to Mr. Poyntz, with other two 056 subpoenas and copies for service Feb. 18, 1882— Preparing subpoena and praecipe to D. 012 6 and G-. James and 11. Poole Paid sealing ... ... 050 Three copies for service ... ... 060 Letter to Mr. Crisp therewith for service 052 Attending Mr. Wilding when he called 068 to sec if we would make any admissions • in order to save expense of proving Letter to him stating we could not 052 allow same Telegram to Mr. Crisp to appear on 050 behalf of Eeturning Officer at trial Paid ... ... 012 Feb. 20, 1882 — Preparing praecipe and subpoena to Haw- 012 6 kins and McKenzie, parents of minors Paid sealing ... ... 050 Two copies for servico ... ... 040 Subpoena and praecipe to David Jackson 012 6 012 6 Paid sealing ... ... 050 050 Copy for service .... ... 020 Letter to Mr. Poyntz therewith, in- 052 structing him to serve Telegram to him that we had sent same 050 050 by 3-45 mail Paid ... ... o 1 o o 1 o Having received telegram from Poyntz 020 that Worthington was at Papanui, preparing copy subpoena for service Attending bailiff and instructing him to 068 serve Paid his charges endeavouring to serve 076 Instructions to retain Mr. Button ... 068 Paid retainer fee ... ... 136 Instructions for brief, 27 witnesses ... 18 o o Drawing proofs, 12 folios ... ... 0180 ogo Two briefs for counsel, each 45 folios ... 250 020 Fee to Mr. Button and clerk ... no o o Attending him with brief ... ... 068 Fee to Mr. G-. Harper on brief, and clerk 82 13 6 Mr. Button's consultation-fee on brief 550 220 Mr. Gr. Harper's fee on consultation ... 330 1 1 o Feb. 22, 1882— Attending Court when election declared void and petitioner allow red costs Having received order, perusing same, o 1 o 3 foliosHaving received petitioner's bill of costs, 014 o perusing same, 42 folios Having received affidavit of increase, 064 perusing same, ig folios Attending taxing petitioner's costs when 1 1 o~) same adjourned (.110 Attending adjournment when taxing 1 1 of completed J Drawing our hill of costs, —folios ... 116 o Instructions to have same taxed ... o 6 8 Engrossing same in duplicate, — folios 1 4 o Service of copy on Mr. Wason ... o 5 o Drawing affidavit of service, 3 folios ... 046 046 Engrossing, 3 folios ... ... 016 016 Copy of bill of costs to annex ... 1 4 o Marking copy as an annex ... ... 010 Attending to be sworn ... ...068068 Paid oath ... ... 030 030 Drawing motion paper, 3 folios ... 046 Engrossing, 3 folios ... ... 016 Drawing affidavit in support, 4 folios ... o 6 o

19

I.—B.

Taxed off. [ £ s. d. £ s. d. Feb. 22, 1882—continued. Engrossing, 4 folios ... ... 020 Attending to set down, &c. ... ... 068 Paid settling and filing affidavit in sup- 0120 030 port of service Counsel's fee on application for order ... 246 136 Drawing order, 4 folios ... ~.060030 Fair copy for Court to settle ... ... 020 010 Attending Court therewith to settle ... o 3 4 Attending for same when settled ... 034 034 Engrossing ... ... 020 Attending to seal ... ... 068 Paid ... ... 060 Drawing affidavit of increase, 10 folios... 015 o Engrossing ... ... 050 Attending to be sworn ... ... 068 Paid ... ... 020 Copy to serve ... ... 050 050 Service ... ... 050 050 Attending to file affidavit of increase ... o 6 8 Paid ... ... 030 Preparing appointment to tax, and 020 praecipe Attending for same ... ... 068 Paid ... ... o ; o Copy for service ... ... 006 Service thereof ... ... 050 Attending taxation ... ... 110 010 - Paid fees ... ... 010 o Letters, attendances, &c, not otherwise 330 220 charged, including letters to several witnesses and attendances on same, as to payment of their expenses 275 '5 9 Paid Mr. Poyntz his expenses ... 39 16 o „ witnesses' expenses as-per Schedule 1 36 5 6 „ Mr. Crisp's costs as per Schedule 2 26 o 8 610 „ Duff, serving subpoenas ... ... 576 „ Muir and Hay (horse-hire) ... 450 ~ Mr. Hampton, collecting evidence 3 3° 390 13 s 18 1 8 Taxed off ... ... 18 1 8 Allowed at ... ... 372 11 g A. E. Bloxam, 28th June, 1882. Eegistrar. Examined. —Harper and Co., 3rd May, 1882. June 26.—N0 appearance on behalf of Mr. Wason, but affidavit of notice having been sent to him filed. Items 1 to g4 inclusive taxed. June 28. —Mr. Cunningham, for Mr. Stringer, appeared for Mr. Wason. (Telegram put in authorizing him to do so.) Both days Mr. Beswick for Messrs. Harper and Co. After item g4 all items ticked were consented to by Mr. Cunningham. A. E. 8., Eegistrar. Schedule No. i. Witnesses' Fxpenses. £ s. d. To amount paid to J. Mason ... 1 4 o F. Stigley ... 116 o ~ Schneider ... 113 o ~ J. McKenzie ... 1 go ~ C. Hawkins ... 010 o D. T. Murphy ... 150 „ J. Murphy ... 1 5 o ~ J. Walker ... 1 5 o ~ C. Glenstein ... 110 o OP. Cox ... 1 1 o „ W. Eraser ... 2 ; 6 ~ J. Haseltine ... 1 go „ B. Cane ... ... 190 ~ D. McLeod ... 290 ~ J. Balfour ... 1 3 o ~ E. Bird ... ... 119 o ~ G-. James ... 1 10 o ~ G-. Hawkins ... 1 5 o „ E. McKenzie ... 1 go „ James Wilson ... 010 o „ James Wilson ... 010 o ~ D.Jackson ... 3 o o ~ Poole ... ... lig o ~ Shannon ... 1 10 o Total ... ... £36 5 6

Sciiedule No. 2. Messrs. Harper and Co., Dr. to C. Gr. Crisp. Taxed off. Jan. 26, 1882— £ s. d. £ s. d. Attending Mr. Poyntz, receiving instrue- 068 tions to take proceedings v. aliens Jan. 27, 1882— Preparing notices to 8 aliens, engrossing 1 1 0 16 copies (Act requiring written notice), attending posting copy to each alien as a registered letter Paid ... ... 048 Feb. 4, 1882— Attending Mr. Poyntz, receiving instrue- 068 tions to proceed v. Fraser, Haseltine, and Cichester Attending at Eegistrar's office, inspect- 068 ing claims and roll Attending Mr. James Hampton as to 068 evidence v. Fraser and others and D. McLeod Feb. g, 1882— Attending Mr. Poyntz, receiving instrue- 068 018 tions to proceed, preparing objection, attending serving Bird therewith Letter to Mr. Harper, forwarding list of o 5 2 voters against whom proceedings will' be, and paid Preparing notices of objection v. Fraser, 010 6 Haseltine, and McLeod, copies for service Attending at Tinwald, serving notices, 010 6 engaged all afternoon Feb. 10, 1882— Attending Mr. Hampton, ascertaining if 068 John MeKenzie minor Attending Mr. Poyntz hereon, and in- 1 1 o structions to proceed, preparing notice of objection, copy for service, attending serving at Tinwald Feb. 11, 1882— Attending Eegistrar's office, ascertaining 052 number of names placed on roll since issue of writ, letter to Mr. Harper, informing him Feb. 13, 1882— Instructions to inspect claims of Thomas 1 1 o 010 6 Williams, John Williams, and B. Cane, attending at Registrar's office, searching through claims, long engaged, telegram to Mr. Poyntz as to result Paid ... ... o 1 10 Instructions per wire lo search claim 112 010 6 No. 1008, attending, searching through claims, long engaged, making copy of claim, letter to Mr. Harper enclosing copy, and paid Feb. 15, 1882— Having heard that Mr. Ivess had signed 013 4 068 several voters' claims without authority, attending at Eegistrar's office, searching through claims, and selecting 4, viz., James, Beckett, Poole, and Porter, that were in Ivess's handwriting, attending to Mr. Harper hereon, and enclosing list Attending Poyntz and Co., instructing 068 them to ascertain whether James or Poole authorized signature Feb. 20, 1882— Having received subpoena from Mr. 050 0.30 Harper, copy for service on Poole Copy for service on James ... ... 050 030 Attending Poyntz and Co. therewith, for 068 018 service Feb. 21 and 22, 1882— Two days' attendance at Eakaia Court, 14 14 o 440 on behalf of Returning Officer Paid railway fare ... ... 018 o Hotel expenses ... ... 010 o 26 o 8 610 Taxed off ... ~. 610 Total ... ... £ig ig 8

20

21

L—B

Court for the Trial of an Election Petition, Electoral District of Franklin North. In the matter of "The Election Petitions Act, 1880." Between William Francis Buckland, Petitioner, and Benjamin Harris and William Shanaohan, Respondents. Petitioner's Costs. Taxed off. Jan. 10, 1882—■ £ s. d. £ s. d. Instructions for petition, long and special 330 220 Drawing petition, 14 folios at is. 6d. ... 1 1 o o 7 6 Fair copy, at 6d. ... ... 070 026 Fee to counsel to settle same... ... 246 Attending him therewith ... ... 068 Having received petition settled, perus- 068 ing same Fair copy as settled, at 6d. ... ... 070 070 Engrossing petition for signature, at 6d. 070 010 Attending petitioner on his signing peti- 068 tion Eair copy petition for insertion in news- 070 070 papers Attending Neio Zealand Herald office, 068 068 and instructing as to insertion Attending perusing and revising proof 013 4 013 4 Paid for insertion ... ... 300 300 Drawing appointment of solicitor, and 010 6 056 fair copy and engrossing same Attending petitioner signing same ... 068 068 Attending petitioner obtaining £200 to 068 deposit Attending Bank of New Zealand, depo- 0106 siting £200 Drawing and engrossing form of receipt 050 050 to be given by manager Attending with petitioner on Returning oig o Officer at Papakura, nineteen miles from Auckland, and taking receipt Service ... ... 050 Jan. 18, 1882— Having received notice of appointment 068 of Mr. E. W. Burton as solicitor for Benjamin Harris, perusing same Jan. 20, 1882 — Having received notice of petition being 068 received by Registrar of Supremo Court at Wellington, perusing same Copy petition for service on Mr. Burton, 070 010 ' — folios Service ... ... 050 Copy petition for service on Mr. Shan- 070 010 aghan, 14 folios Attending at Papakura in order to ser- oig o vice on respondent, Shanoghan, with copy petition Service ... ... o^o Drawing retainer to Mr. Cotter, and 068 attending him therewith Paid his fee amd clerk ... ... 1 36 Drawing retainer for Mr. Whitaker ... o (1 8 068 Paid his fee and clerk ... ..,136136 Feb. 20, 1882— Attending Mr. Cotter to appoint con- 068 sulfation Paid his fee and clerk ... ... 246 1 1 o Attending Mr. Whitaker, appointing 068 068 consultation Paid his fee ... ...136136 Attending consultation ... ... 013 4 068 Feb. 21, 1882— Drawing affidavit of petitioner's solicitor 1 1 o 1 1 o to ground, application for order to Registrar of Supreme Court, Wellington, to transmit original petition to Registrar of Supreme Court here Engrossing same ... ... 0100 o_o o Attending swearing ... ~,068068 Paid oath ... ~,020020 Motion paper ... ~. 020 020 Paid filing ... ... 030 030 Attending Judge with Eegistrar at his 1 1 o 1 i o residence, it being vacation, when he said he was doubtful as to correct course of procedure, and suggested telegram to Garrick and Cowlishaw, of Christchurch, the solicitors in another petition at Christchurch, inquiring course of procedure there Paid cab-hire ... ... 012 6 012 6 Telegram accordingly ... ... 068 Paid ... ... 050

Taxed off. £ s. d. £ s. d. Feb. 21, 1882—continued. Having received telegram from G-arrick 050 and Cowlishaw, stating that petitioner and respondent had admitted former allegations, and Clerk of House of Eepresentatives subpoenaed to produce voting papers, &c, perusing same Telegram to Major Campbell asking him 068 068 if he would send voting papers, and without his personal attendance Paid ... ...020020 Telegram to Moorhouse and Co., Wei- 068 lington, to see Major Campbell on above question Paid ... ... 036 Feb. 25, 1882— Attending Mr. Burton, who agreed to 068 admit formal matters and would sign admission in order to save expense Feb. 27, 1882— Attending him, going through petition 013 4 068 with a view to admission on both sides Drawing same and fair copy, 2 folios ... 040 010 Two engrossments for signature ... 040 Attending Mr. Burton, exchanging parts 068 Attending petitioner, informing him ac- 068 068 cordingly Attending, receiving and perusing tele- 068 grains from agents re Major Campbell Having received Judge's summons, pc- 1 1 o 1 1 o rusing and considering-same Attending Mr. Cotter therewith ... 013 4 013 4 Attending Mr. Burton to appoint time 068 068 to wait on Judge, in vacation, no time having been mentioned in summons Feb. 28, 1882— Paid counsel's fees, attending on sum- 220 220 mons, when, with a trifling exception, summons dismissed, and clerk Attending respondent's solicitor, in- 068 018 forming him that we abandoned paragraphs s and 6 of the petition relating to minors and non-qualified voters Feb. 25, 1882— Drawing and transmitting telegram to 050 050 Messrs. Moorhouse, Edwards, and Cutton, requesting them service of subpoena on Major Campbell Paid ... ... 036 036 March 1, 1882 — Attending Mr. Cotter to appoint con- 068 sultation Paid his fee and clerk ... ... 246 The like, Mr. Whitaker ... ... 211 2 211 2 March 5, 1882 — Attending consultation, which lasted 1 1 0 078 three hours Feb. 28, 1882— Preparing praecipe for subpoena duces 012 6 tecum for Clerk of Parliament, and attending Supreme Court sealing Paid fee ... ... 060 Copy to serve ... ... 020 Copy to keep ... ...020020 Writing Messrs. M'orhouse, Edwards, 010 6 030 and Co., agents, with original copy, and instructions to serve Major Campbell, and instructions as to their proceedings in case of his absence Paid their charges as per bill annexed... 317 10 276 March 2, 1882 — Respondent Shanaghan not having ap- 0126 046 peared, affidavit of service of petition upon him, and paid oath Drawing notice and copy of appointment 050 of Samuel Jackson as petitioner's solicitor to file with Registrar Attending filing same, 63. Bd.; paid, 3s. 098 030 March 3, 1882 — Not having heard from Moorhouse and 068 068 Co., telegram inquiring what had been done Paid ... ... 017 017 March 7, 1882— Attending, receiving, and perusing tele- 068 068 gram in reply Instructions for list of objections ... 330 298 Drawing same, 6 folios ... ... o go o 4 6 Fair copy to keep ... ... 030 010

I.—B.

Taxed off. £ s. d. £ s. d. March 7, 1882 —continued. Copy to file ... ... 030 010 Two copies for service ... ... 060 Attending serving Mr. Burton for re- 068 018 spondent Harris Attending at Registrar's office, filing 068 and delivering copy for respondent, Shanaghan Paid fee ... ...030030 Having received list of objections by 1 1 o 078 respondent, Harris, perusing same March 8, 1882— Telegram to Moorhouse and Co. to pay 068 068 Major Campbell the amount of con-duct-money demanded Paid urgent ... ... 020 020 Subpoenas ad test., and attending Su- 315 o 115 o preme Court sealing, at 12s. 6d. each Paid fees, 6at ss. ... ... 110 o 010 o Copies for service on 22 witnesses, at 2s. 240 0160 each Service on William Campbell, East 015 o Tamaki, 10 miles from Auckland Service on- Ralph Harris, Pakuranga, 015 o 015 o 10 miles from Auckland Service on Richard Nolan Barry, Howick, 017 0 12 miles from Auckland Service on Thomas Speers, East Tamaki, oig o oig o 14 miles from Auckland Service on Robert Andrew, East Tamaki, 015 o 10 miles from Auckland Service on George Cooper, Howick, 12 017 o 017 o miles from Auckland Service on Thomas Foley, Howick, 12 017 o miles from Auckland Service on Jeremiah Sanders, Howick, 017 o 017 o 12 miles from Auckland Service on John G-ordon, Otahuhu, g 014 o miles from Auckland Service on Samuel Luke, Otahuhu, 9 014 o miles from Auckland Service on Alfred Richard Harris, East oig o Tamaki, 14 miles from Auckland Service on Henry Samuel Andrews, Ma- 015 o 015 0 iigare, 10 miles from Auckland Service on Thomas Sutcliffe, Pakuranga, oig o oig o 14 miles from Auckland Service on Frederick W. Paul, Auckland 050 Service on Eobert Sutcliffe, Pakuranga, oig o oig o 14 miles from Auckland Service on John Sutcliffe, Pakuranga,, oig o oig o 14 miles from Auckland Service on Robert Hattaway, jun., Paku- oig o ranga, 14 miles from Auckland Service on William Shanaghan, Papa- 140 kura, ig miles from Auckland Copy and service on James Dovil ... oig o Service on John W. White ... ... 017 o Service on George E. White ... ... 017 o 017 o Service on John Smith ..". ... 0170 Instructions for brief, 24 witnesses ... 16 o o 600 Drawing same, 60 folios ... ... 410 o 01^0 Two copies brief and copy documents 650 2 n 0 for counsel, 125 folios each, 250 folios Fee to Mr. Cotter with brief, and clerk 66 o o Attending him therewith ... ... 220 Fee to Mr. Whitaker with brief ... 44 o o 44 o o Attending him therewith ... ... 220 220 Attending Mr. Cotter, appointing con- 068 sultation Fee to Mr. Cotter for consultation ... 315 6 o 5 o Attending Mr. Whitaker, appointing 068 068 consultation Fee to Mr. Whitaker for consultation ... 2 g 6 2 g 6 Attending consultation ... ... 1 10 March 15, 1882— Attending Mr. Cotter with refresher ... 013 4 Paid him ... ... n 00 Attending Mr. Whitaker with refesher 013 4 0134 Paid him ... ... 7120 7120 March 16, 1882— Attending Mr. Cotter with refresher ... 013 4 Paid him ... ... no o Attending Mr. Whitaker with refresher 013 4 013 4 Paid him ... ... 712 o 712 o Preparing telegram, by order of Court, 068 to Jackson and Eussell, with directions to Major Campbell on his arrival Messenger to Drury with same ... o 5 o

Taxed off. £ s. d. £ s. d. March 16, 1882 —continued. Paid ... ... 026 Attending and receiving same at Auek- 068 068 land Attending and making inquiries accord- 068 ingly Preparing and attending with telegram 068 in reply Paid for same ... ... 070 March 14, 1882— Attending Court at Papakua ... 5 5 o March 15, 1882— The like attendance ~. ... 550 March 16, 1882— Attending Court at Otahuhu, Mr. Harris 5 5° unseated Drawing bill of costs, 33 folios at is. 6d. 296 136 Fair copy, folios at 6d .... ~, o -16 6 036 Copy to serve, 33 folios at 6d. ... 016 6 o 3 6 Praecipe for appointment to tax ... 020 Attending for appointment ... ... 06 8 Paid fee ... ... 050 Copy appointment to serve ... ... 010 Service of same and bill of costs ... o 5 o Attendances and correspondence in set- 768 300 tling the accounts of the several witnesses Drawing of affidavit of increase, 15 folios 126 046 at is. 6_d. Fair copy, 15 folios at 6d. ... ~,076016 Engrossing same, 15 folios at 6d. ... 076 016 Attending to swear, and paid oath ... o 8 8 Attending Supreme Court filing ... o 6 8 Paid fee ... ... 300 Copy to serve, 15 folios at 6d. ... 076 016 Service ... ... 050 Attending taxing ~. ... 220 Paid fee ... ... 1 1 o o Letters, attendances, telegrams, poßt- 200 ages, &c. Payments made to witnesses —■ Major Campbell, included in agent's 14 13 2 bill R. Hathaway, jun. ... ... 100 R. N. Barry ... ... 170 Jeremiah Saunders ~. ... 115 o 115 0 John William White .., ... 200 James Dovil ... ... 2 10 o Ralph Harris ... ... 210 o 210 o H. S. Andrewß ... ... 1100 1100 T. Spears ... ... 115 o 115 o Robert Andrews ... ... 115 o G-. Cooper ... ... 115 o 115 o T. Sutcliffe ... .., 115 o 115 o W. Campbell ... ... 115 o G-. E. White ... ... 115 o 115 o Mr. Luke ... ... 220 Mr. Gordon ... ... 220 Mr. Paul ... ... 2 n 6 o 6 6 John Smith ... ... 100 A. R. Harris ... ... 100 T.Foley ... ... 100 R. Sutcliffe ... ...100 100 J. Sutcliffe ... ... 100 100 363 1 n 139 4 n Taxed off ... ... i3g 4 n Allowed at ... ... 223 17 o Allowed respondent, Harris 73 5 7 150 " 5 Court for the Trial of an Election Petition for the Electoral District of Franklin North. In the matter of " The Election Petitions Act, 1880." Between William Fbanois Buckland, Petitioner, and BenjaminHarris and William Shanaghan, Respondents. Costs of the Respondent, Benjamin Harris. Taxed off. Jan. 17, 1882— £ s. d. £ s. d. Instructions to defend Major Harris, the 330 330 sitting member, and to oppose petition Drawing appointment of solicitor of 010 6 010 6 above-named respondent, Benjamin Harris, and fair copy and engrossing same

22

Taxed off. Jan. 17, 1882—continued. £ s. d. £ s. d. Attending said respondent for his signa- 068 068 ture thereto Jan. 18, 1882 — Drawing notice and copy of appointment 050 050 of Ernest William Burton as solicitor for respondent, Benjamin Harris, to file with Eegistrar, as required by Rule 57 under "'Jhe Election Petitions Act, 1880." Attending filing appointment under Rule 068 068 14, and notice under Eule 57 Paid 3s. each ... ... 060 060 Copy and service of notice on Messrs. 050 050 Jackson and Russell to anticipate unnecessary expense of service Copy and postage of said notice to the 050 050 Returning Officer at Papakura Paid postage ... ... 004 004 Jan. 25, 1882— Attending at the office of Messrs. Jackson 068 068 and Rußsell to accept service of petition Perusing and considering same ... 1 1 o 1 1 o Attending Returning Officer to ascertain 068 068 if money lodged on bond given, and found money lodged Jan. 26, 1882— Letter to Major Harris, informing him 052 052 of receipt of petition, and requiring his version in regard to the allegations made, and asking him to obtain particulars of evidence, and to make inquiries to enable me to set up countercase, and postage Preparing retainer for Mr. Lusk, and 068 034 retaining him Paid his fee and clerk ... ... 136 on g Instructions for summons for particulars o 6 B~] of vote rejected by Deputy Eeturning Officer at Mangare, of persons intimidating, and to amend petition Feb. g, ISB2— Drawing same, 35 folios ... ... 212 6 Fee to counsel to settle ssme, and after- 136 mentioned affidavits Feb. 20, 1882— Engrossing same as finally settled by 134 counsel, 35 folios Feb. 22, 1882— Copy for service .. ... 134 Drawing affidavit of E. W. Burton in 013 6 support, g folios Engrossing same ... ... 060 Copy petition to annex thereto, 10 folios 068 Oath on swearing same ... ... 020 Instructions for affidavit of Major 068 Harris in support of summons to show cause Drawing same, 8 folios ... ... 012 o Copy petition to annex thereto ... o 6 8 Letter to Major Harris therewith to 058 swear, and explainingsame, and postage Feb. 23, 1882— Copy Judge's summons for Court, 35 1 3 4 J-13 610 folios Feb. 24, 1882— Attending Major Harris to read over 068 and swear affidavit in support of summons Paid oath ... ... 020 Attending to file affidavits and set down 068 application Paid filing 2 affidavits ... ~, 060 Paid setting down application ... 020 Application paper and copy ... ... 020 Attending serving summonses ... o 5 o Feb. 28, 1882— Fee to counsel for attending application 246 to strike out and amend, when amendment ordered Drawing order to amend, 3 folios ... o 4 6 Mar. 1, 1882— Engrossing order, and copy for service, 040 3 folios each Attending for signature thereto, and 068 sealing same Paid sealing ... ... 060 Paid messenger to Judge's house with o 1 o order for signature

L—B.

Taxed off. £ s. d. £ s. d. Mar. 3, 1882— Preparing subpoena ad test, to Thomas 012 6 012 6 Foley, John Smith, Robert Hattaway, jun., and T. J. Sutcliffe, praecipe therefor, and attendance to seal Paid sealing ... ...050050 Four copies for service ... ... 080080 Service on Thomas Foley, 15 miles from 100 100 Auckland Service on John Smith, Howick, 15 miles 100 100 from Auckland Service on Robert Hattaway, jun., Ta- oig o oig o maki, 14 miles from Auckland Service on Thomas James Sutcliffe, 019 o 019 o Pakuranga, 14 miles from Auckland Preparing subpoena ad test, for W. D. 0126 026 Busli and Richard Sefton, praecipe to seal, and attending sealing Paid sealing "... ... 050 Copies for service (two) ... ... 040 020 Service on W. D. Bush, Otahuhu, g 014 o miles from Auckland Service on R. Sefton, Otahuhu, g miles 014 0 014 o from Auckland Preparing subpoena duces tecum for Mr. 012 6 012 6 William Shanaghan, Eeturning Officer, Papakura, praecipe to seal, and attending sealing Paid sealing ... ...050050 Copy for service ... ...020020 Service on William Shanaghan, Papa- 140 140 kura, ig miles from Auckland Copy order to amend service, 3 folios ... 020 020 Service ... ...050050 Letters to and instructions from Major 330 330 Harris for list of objections, and several attendances thereon Drawing list of objections under Eule g, 012 o 012 o 8 folios March 4, 1882— Fee to counsel to settle same, and clerk 356 356 Preparing subpoena ad test, for William 012 6 012 6 Walters, jun., W. F. Evans, W. Smith, and Thomas Boyle, praecipe to seal, and attending sealing Paid sealing ... ...050050 Four copies for service ... ... 080 080 Service on William Walters, jun., Papa- 140 140 kura, ig miles from Auckland Letter to Major Harris, with some sub- 050 050 poenas for service, and asking him to send in witnesses Paid postage ... ...008008 Letter to W. Shanaghan for copy elec- 050 050 toral roll, and for information as to informal votes at Papakura Postage ... ...004004 March 6, 1882— Searching T. J. Suteliffe's title, and paid 078 078 search is. Feb. 25, 1882— Attending Messrs. Jackson and Eussell's 068 068 clerk, when he asked for admissions in order to save expense to his client Feb. 27, 1882— Attending him going through petition 013 4 013 4 with a view to admissions on both sides Perusing admissions as drawn by peti- 068 068 tioner's solicitor March 6, 1882— Attending, reading over, and signing ad- 068 068 missions when engrossed, and exchanging parts March 7, 1882— Engrossing list of objections under Eule 054 054 g, as finally settled by counsel, 8 folios Copy for Eegistrar ... ... 054 054 Copy for service on petitioner's solicitor 054 054 Attending Eegistrar's office, lodging list 068 068 of objections Attending serving Mr. Jackson, solicitor 068 068 for petitioner, therewith Having received petitioner's list of ob- 110 010 6 jections, perusing same In consequence of receipt of petitioner's 115 o 1 1 o list of objections, writing letters to all the parties named therein to come to town, in order that I might examine them (7 letters in all)

23

I.—B.

Taxed off. £ s. d. £ s. d. March 7, 1882—continued. Paid postages ... ... 012 006 Letters to Bush, Sefton, and John Smith, 015 o on 6 Returning Officer at Howick, to come in and sec me for the same purpose (3 letters) Paid postages ... ... 006 004 Letter to Major Harris, informing him 050 of receipt of list of objections, and asking him to see that persons named came in Postage ... ... 002 Preparing subpoena ad test, to Grill and 012 6 012 6 R. N. Barry, preparing praecipe, and attending sealing Paid sealing ... ... 050 050 Two copies for service ... ... 040 040 Service on J. P. Grill, Howick, 15 miles 100 100 from Auckland Instructions from brief, including there- 16 o o 10 15 o in letters written to collect evidence, attendances at Papakura and Otahuhu to see witnesses, and seeing all the witnesses in the case, and other attendances and letters for the same purpose Drawing brief (case, 80 folios; proofs, go 12 15 o 10 ig o folios), 170 folios Engrossing same, 230 folios ... ... 713 4 613 4 March 13, 1882 — Feo to Mr. Lusk and clerk with brief 107 10 o 75 o o Attending Mr. Lusk in consultation ... 1 1 0 013 4 Mr. Lusk's fee on consultation ... 510 o 4 6 6 Preparing subpoena ad test, for G.Cooper, 012 6 012 6 A. R. Harris, J. Saunders, and T. Spears, praecipe for sealing, and attending sealing Paid sealing ... ... 050 050 Four copies for service ... ... 080 080 Service on G. Cooper, Howick, 15 miles 100 100 from Auckland Service on A. R. Harris, East Tamaki, 019 o 019 o 14 miles from Auckland Service on J. Saunders, Howick, 15 miles 100 100 from Auckland Service on T. Spears, Pakuranga, 13 018 0 018 0 miles March 14, 1882 — Journey to Papakura, attending Court 550 220 when case for petitioner opened by Mr. Cotter March 15, 1882 — The like attendance ... ~, S5O 220 Eefresher for Mr. Lusk and clerk ... 27 o o ig 8 o March 16, 1882— Attending Court at Otahuhu when case 550 550 concluded, and election declared void, with special order as to costs, as per order of Judges Eefresher for Mr. Lusk and clerk ... 27 o o 27 o o Paid railway fares and expenses ... 214 8 208 March 20, 1882— Drawing order for costs, 5 folios ... 076 Fair copy same for Registrar to settle ... 034 o 010 March 21, 1882 — Attending Registrar therewith to settle 068 March 23, 1882— Engrossing same, as settled by the 034 Judges Attending their Honors to sign same ... o 6 8 Paid Btamp on same ... ... 060 Drawing bill of costs, 28 folios at is. 6d. 220 113 o Fair copy ... ... 018 8 014 2 Copy for service ... ... 018 8 014 2 Praecipe for appointment to tax ... o 2 o Attending for appointment ... ... 068 Paid appointment ..". ... 050 Copy appointment to serve ... ... 010 Service of same and bill of costs ... o 5 o Attendance and correspondence in set- 368 300 tling the accounts of the several witness, 10 in number, paying same Drawing affidavit of increase, 18 folios 170 018 o at is. 6d. Fair copy, 18 folios at Bd. ... ... 012 o o go Engrossing same ... ... 0120 080 Paid oath on swearing same ~. ~, o 2 o Attending Supreme Court filing ... o 6 8 Paid filing ... ... 030

Taxed off. £ s. d. £ 8. d. March 23, 1882 —continued. Copy to serve ... .... 0120 080 Service ... ... 050 Payments made to and amounts claimed by witnesses and by respondent— Thomas Foley, paid ... ... 1160 [160 John Smith, paid ... ... 017 6 017 6 Robert Hathaway, jun., claim ... 417 o 417 o William Dalton Bush, paid ... 115 6 Richard Sefton, paid ... ... 180 180 Richard Sefton, claim in addition ... 080 080 William Walters, jun., claim ... 110 o 110 o Thomas Page Gill, paid ... ... 212 o 212 o George Cooper, paid ... ... 082 082 Alfred Richard Harris, claim ... 250 250 Jeremiah Saunders, paid ... ... 010 6 010 6 Benjamin Harris, claim ... ... 660660 Attending taxing ... ... 110 Paid taxing ... ... 100 Preparing judgment paper ... 034 034 Attending to sign same ... ... 068 068 Paid ... ... 0100 0100 Term-fee, attendances, telegrams, post- 200 100 ages, and journeys to Papakura and Otahuhu to collect evidence, &c. 325 15 o 252 g 5 Taxed off ... ... 252 g 5 Allowed at ... ... 73 5 7 Court for the Trial of an Election Petition for the Electoral District of Lyttelton. In the matter of "The Election Petitions Act, 1880." Between William Hollis, Petitioner, and Harry Allwright, Respondent. Respondent's Costs, under Order dated yd February, 1882, of Flections Petitions Court. Taxed off1. Jan. 5, 1882 — £ s. d. £ s. d. Attending respondent when he brought 013 4 petition by William Hollis to unseat him for Lyttelton, conferring thereon, and advising and taking instructions to appear Perusing and considering petition, g 030 folios Jan. g, 1882 — Attending respondent when he brought 068 roll, and conferring further Drawing notice of appointment as soli- 030 citor, 2 folios Engrossing ~, ... 010 Jan. 18, 1882 — Attending at Supreme Court filing notice 068 Paid ... ... 030 Copy notice for service on petitioner's o i o solicitor Service ... ... 050 Jan. 28, 1882—■ Eeceived notice of hearing of petition on 052 14th February. Letter to respondent informing him thereof, and instructing him » Attending respondent, conferring fur- 068 ther as to petition, defence, and advising Feb. 2, 1882— Attending respondent when he brought 013 4 list of aliens who voted for Richardson or Webb, and conferring and advising thereon, and as to proceedings upon petition Having received lists of votes and heads 034 of objections, perusing same, 10 folios Telegram to respondent informing him 050 thereof, and asking for interview thereon, &c. Paid transmission ... ~, 010 Feb. 3, 1882— Attending respondent, conferringthereon, 068 and handing him list Having received rule nisi calling upon 068 respondent to show cause why Clerk of Writs should not be directed to allow inspection of rolls, instructions to oppose same

24

I.—B.

25

Taxed off. £ a. d. £ s. d. Feb.-3, 1882 —continued. Perusing rule and affidavit in support, 068 20 folios Instructions for brief on argument of rule 068 Brief, 1 g folios ... ... o g 6 Fee on brief, and clerk ... ... 246 Attending at Supreme Court when rule made absolute Having received copy rule absolute, 020 perusing same, 6 folios Letter to respondent informing him 052 thereof, and for instructions as to obtaining copy roll showing voters Letter to Wellington agents, instructing 060 them to attend on opening of roll, and to take copy of voters, and forwarding copy roll, and postage is. Feb. 6, 1882— Instructions for notice of defence ... o 6 8 Drawing same, 16 folios ... ... 140 Fee to counseLto settle ... ... 246 Copy for service on Eegistrar ... o 8 o Service ... ... 050 Copy for service on petitioner's solicitor 080 Service ... ... 050 Telegram to respondent making appoint- 050 ment for interview Paid ... ... 007 Feb. 7, 1882— Attending respondent in long conference 013 4 as to evidence and advising, when eventually it was arranged to admit persons (except a few) where aliens, and preparing authority for admission and obtaining signature Attending Mr. Harper, conferring there- 013 4 on and making proposal readmissione, when he agreed to admit also Having received fair draft admissions, 040 perusing, settling, and approving thereof, 4 folios Fair copy to keep ... ... 020 Attending petitioner's solicitor, return- 068 ing fair draft- approved as altered Attending petitioner's solicitor to ex- 068 change admissions, when he required further alterations, and conferring thereon Attending him, subsequently exchanging 068 Feb. g, 1882— Attending respondent to-day, conferring 068 as to case Having received letter from petitioner's 050 solicitor as to admissions, letter to him, in reply, declining to consent to his request, and offering to cancel admissions altogether Feb. 10, 1882— Attending him, cancelling same accord- 068 ingly, and re exchanging Praecipe and subpoena to John Koskela 012 6 and others Paid sealing ... ... 050 Copy for service on Koskela ... ~, 020 Copy for service on Charles Warren ... o 2 o Service at Lyttelton ... ... 010 o Copy for service on Henry A. Williams 020 Service ... ... o 10 o Praecipe and subpoena to John Bark and 012 6 others Paid sealing ... ... 050 Copy for service on Bark ... ... 020 Service ... ... o 10" o Copy for service on John Bethkee ... o 2 o Service ... ... o 10 o Copy for service on Alexander Mares ... o 2 o Service ... ... o 10 o Praecipe and subpoena to C. Anderson 012 6 and others Paid sealing ... ... 050 Copy for service on Anderson ... o 2 o Service ... ... o 10 o Copy for service on J. Fletcher ... o 2 o Service ... ... o 10 o Praecipe and subpoena ... ... 012 6 Paid sealing ... ... 050 Praecipe and subpoena ... ... 012 6 Paid sealing ... ... 050 Praecipe and subpoena ~. ... 012 6 4—l. 8.

Taxed off. Feb. io, 1882—continued. £ s. d. £ a. d. Paid sealing ... ... 050 Praecipe and subpoena ... ... 0126 Paid sealing ... ... 050 Praecipe and subpoena ... ... 0126 Paid sealing ... ... 050 Praecipe and subpoena ... ... 012 6 Paid sealing ... ... 050 Praecipe and subpoena ... ... 012 6 Paid sealing ... ... 050 Praecipe and subpoena ... ... 012 6 Paid sealing ... ... 050 Praecipe and subpoena ... ... 012 6 Paid sealing ... ... 050 Telegram to respondent making appoint- 050 ment for conference this afternoon Paid ... ... 010 Attending respondent in long conference 013 4 as to evidence and witnesses to be subpoenaed, and as to admissions, when he agreed to alterations required by petitioner's solicitor Attending petitioner's solicitor thereon 068 Fair copy admissions ... ... 020 Attending petitioner's solicitor, exchang- 068 ing parts Retainer to Mr. Holmes ... ... 136 Attending him ... ... 068 Feb. 13, 1882— Attending respondent, conferring further 068 as to evidence Instructions for brief on trial ... 013 4 Brief for Mr. Holmeß, 38 folios ... oig o Fee on brief, and clerk ... ... 37 '5 o Attending him ... ... 068 Attending Mr. Holmes, making appoint- 068 ment for consultation Attending him in long consultation, en- 220 gaged from 3 to 5 p.m. Fee to Mr. Holmes on consultation ... 3 5.6 Brief for Mr. Cowlishaw, 38 folios ... 019 o Fee on brief, and clerk ... ... 27 o o Feb. 14, 1882— Attending on hearing of petition, Lyttel-" ton, when case adjourned to 23rd February Feb. 23, 1882— }- I I 6 1 I o Attending Court when petition heard I and order made declaring respondent | duly elected J Paid railway fare, two journeys ... 054 054 Drawing order, 3 folios ... ... 046 Copy for Eegistrar to settle ... ... 016 Attending him to settle, and afterwards 068 for same Engrossing ... ... 016 Attending sealing ... ... 068 Paid ... ... 060 Copy for service ... ... 016 Service ... ... 050 Feb. 25, 1882— Letter to respondent as to witnesses' 052 expenses Feb. 26, 1882— Attending respondent, going through 068 witnesses' claims for payment of expenses Paid witnesses' expenses as follow : — C. Warren, 2 days ... ... 012 o John Bark, 2 days ... ... 016 o John Bethkie, 2 days ... ... 012 o Alexander Maris, mariner, 2 days ... 016 o C. Anderson, 2 days ... ... 012 o J. Fletcher, 2 days ... ... 012 o Agents' charges as follow : — Feb. 6, 1882— Instructions to apply to Clerk House 068 of Eepresentatives for list of persons voting Making copy order ... ... 030 Writing Major Campbell therewith ... o 5 o Feb. 8, 1882— Attending Clerk of Parliament, ex- 1 1 o amining rolls, marking names of voters on Returning Officer's roll, inspecting roll of Poll Clerk, &c. Telegram thereon ... ... 050 Paid ... ... 057 Feb. g, 1882— Letter ... ... o 5 2.

•L—B.

26

Taxed off. £ s. d. £ s. d. Feb. 13, 1882— Letter enclosing copy Deputy Return- 056 ing Officer's roll Feb. 35, 1882— Drawing affidavit of increase by Mr. 090 Cowlishaw, 6 folios Engrossing ... ... 030 Attending swearing ... ... 068 Paid ... ... 020 Drawing further affidavit of increase by 030 respondent, 2 folios Engrossing ... ... 010 Letter to him therewith to be sworn ... o 5 4 Paid oath ~, ~. 020 Attending filing affidavit ... ... 068 Paid ... ... 060 Copies for service ... ... 040 Service ... . -. 050 Drawing bill of costs and copy, 25 folios 1 5 o Copy for Registrar ... ... 012 6 Copy for service ~. ... 012 6 Praecipe and appointment to tax ... o 2 o Attending obtaining appointment ... o 6 8 Paid ... ... 050 Copy appointment for service ... o o 6 Service of costs and appointment ... o 5 o Attending taxation ... ... o 6 8 Paid ... ... 050 Letters, attendances, &c. ... ... 1 10 127 7 4 214 7 Taxed off ... ... 214 7 Certified at ... ... 124 12 9 A. R. Bloxam, 26th April, 1882. Registrar. In the Supreme Court of New Zealand, Canterbury District. In the matter of " The Petitions Elections Act, 1880." Eobert Eutherford, Petitioner, and Jameb Hutchison Sutter, Eespondent. Respondent's Costs, under Order of the afh day of March, 1882. Taxed off. Feb. 6, 1882— £ s. d. £ s. d. Instructions to act for respondent herein, 068 and retain Mr. 0. Perry, and advising him to see Deputy Returning Officer (T. Squires) at once, and arrange to have his evidence taken down in writing Perusing petition ... ... o 13' 4 Retainer to Mr. C. Perry ... ... 136 Feb. 7, 1882— Attending respondent, perusing letter 013 4 received by him from Mr. Gall re witnesses, and subsequently appointing to-morrow for conference Feb. 8, 1882— Attending Mr. Perry's chief clerk hereon, 013 4 and afterwards examining Deputy Returning Officer (Squires) as to early closing of polling-place, Fairlie Creek, and he denied the truth of that allegation Attending respondent, Mr. Perry's chief 220 clerk, and the Deputy Returning Officer in long conference, and taking down evidence of the latter in writing, engaged over an hour Telegram to Messrs. Harper and Co. for 050 copies of all documents filed in the Supreme Court office, Christchurch, by the petitioner Attending transmitting ... ... 068 Paid ... ... 020 Paid for reply ~. ... 012 Received from them letter containing 013 4 copies, bonds, &c, and perusing Paid Messrs. Harper and Co.'s charges 104 as under : Feb. 8. Instructions to obtain office copies of documents filed herein, 6s Bd. ; telegram (collect) informing you that Court closed to day, ss. Feb. 9. Attending for office copies as above, when could not obtain same at once owing to pressure of business at Supreme Court. Feb. 10.

Tared oit. £ s. d. £ s. d. Feb. 8, 1882 —continued. Attending at Supreme Court to make copies, 6s. Bd. ; copy bond, 4 folios, is. ; copy petition, 4 folios, is. Attending respondent, when he in- 068 structed me to see Mr. Stubbs, the Eeturning Officer, and to obtain information re election from him Attending respondent on his bringing 013 4 notice that petition set down for hearing on the 24th instant, at Washdyke, and perusing same Feb. 9, 1882— Attending Mr. Stubbs, requesting in- 013 4 formation in writing re the circumstances relating to the election for Gladstone, and afterwards, on his bringing the same, engaged a long time Feb. 10, 1882— Attending respondent, when he informed 068 me that the Principal Eeturning Officer (Mr. Stubbs) had been served with a copy of petition Perusing and carefully considering rules 1 1 o under " Election Petitions Act, 1880 " Attending Mr. Perry in long conference 013 4 as to moving to strike out petition for non-compliance with Act and rules, and as to propriety of applying at once to have petition taken off the file on various grounds, instead of waiting to take objection at the hearing, when it was arranged to adopt the former course Paid Mr. C. Perry, consultation fee ... 1 3 6 Telegram to Mr. George Harper to know 050 if he had been retained by the petitioner Attending transmitting ... ... 068 Paid ... ... 033 Feb. 11, 1882— Attending respondent, giving him memo. 068 of particulars required relating to dates of service of various documents, transmission of same, insertion of advertisements, &c. On receipt thereof, perusing and con- 068 sidering same Attending respondent and Mr. Gall, 013 4 Fairlie Creek, obtaining from the latter names and addresses of the persons who could give evidence on behalf of the respondent, and taking notes of substance of their evidence Feb. 13, 1882— Attending Mr. Perry, conferring re cvi- 013 4 dence and generally hereon Telegram to Messrs. Joynt and Percival, 050 Solicitors, Christchurch, to apply to Judge to fix a time for hearing of motion to strike petition off the files of Court Attending transmitting ... .., 068 Paid ... ... 046 Agents'instructions herein ... ... 068 Agents' telegram for further particulars 050 Attending transmitting ... ... 068 Paid ... ... 038 Perusing their telegram, and urgent tele- 050 gram to them in reply Attending transmitting ~, ... 068 Paid ... ~, 038 Agents' attendance at Supreme Court, 068 searching re petition, &c. Drawing notice of motion and copy ... o 6 o Engrossing ... ... 016 Attending to set down ... ~, 068 Paid ... ... 020 Counsel's fee attending Court, making 1 1 o application, when Judge held that objection could be taken at the hearing, and suggested the adoption of that course Telegram with result ... ... 050 Attending transmitting ... ... 068 Paid ... ... 018 Attending Mr. Stubbs on his bringing 1 1 0 letter from Mr. Ormiston and con-

27

I.—B,

Taxed off. £ s. d. £ s. d. Feb. 13, 1882 —continued. ferring with him thereon, and re statements made by Mr. Hamersley, and afterwards attending Mr. C. Perry in consultation on the whole matter Attending respondent, conferring re 013 4 rumoured intention of the petitioner to withdraw petition, and advising that preparations be made for trial notwithstanding Telegram to agents instructing them to 050 watch for any application for withdrawal, and if made to appear, and apply for costs Attending transmitting ... ... 068 Paid ... ... o 1 10 Letter advising them fully thereon ... o 5 2 Instructions for brief herein... ... 1 1 o Attending witnesses, taking note of their 013 4 evidence, &c. Drawing proofs, 13 folios ... ... 019 6 Engrossing 2 copies brief for counsel, 20 100 folios each, 40 folios Fee to Mr. White and clerk therewith... 21 15 o Fee to Mr. Perry ... ... 1650 Preparing warrant to defend, and address 050 for service Attending respondent on his signing 068 same Letter to agent therewith, to file ... o 5 4 Attending to file ... ~, 068 Paid ... ... 030 Telegram to agents to issue subpoenas 050 for witnesses to-day Attending transmitting ... ... 068 Paid ... ... o 1 10 Agents'instructions re subpoenas ... 068 Feb. 19, 1882— Agents'attendance on Registrar thereon, o 6 8 when they found the office closed, and were informed that the petitioner intended to apply for leave to apply to withdraw the petition Telegram to me thereon ... ... 050 Attending transmitting ... ... 068 Paid ... ... 033 Feb. 17, 1882— Praecipe for and subpoena ad test, for 012 6 J. Braddick, J. Walker, — Ormiston, and W. Close Attending Bealing ... ... 068 Paid ... ... 050 Praecipe for and subpoena ad test, for W. 012 6 Strutters, F. Stevenson, and — Fox Attending sealing ... ~, 068 Paid ... ... 05° Agents' attendance on Eegistrar, con- 068 ferring re position of this matter before writing us Letter to us with subpoena and as to the 054 position of the matter Seven copies subpoena for service ... 014 o Feb. 20, 1882— On receipt of above letter advising ad- 068 journment of date of trial, perusing same, and attending the respondent thereon Received notice of intention to apply to 068 withdraw petition, antl perusing Instructions for application for costs 068 on application for leave to withdraw petition Feb. 23, 1882— Attending Mr. C. Perry, conferring as 013 4 to course to be pursued, and re retaining Mr. Stout Telegram to know if Mr. Stout could act 050 Attending transmitting ... ... 068 Paid ... ... 017 Drawing affidavit by the respondent in 060 support of application for costs, 4 folios Engrossing same ... ... 020 Attending deponent to be sworn ... 068 Paid ... ... 020 Copy affidavit for servico on the peti- 020 tioner's solicitor's Dunedin agent Briefing documents for Mr. Stout for use 060 on application, 12 folios ...

Taxed off. £ 8. d. £ 6. d. Feb. 23, 1882 —continued. Long and very special letter to Messrs. 0106 Sievright and Stout instructing them fully thereon Attending Mr. Stout with brief ... o 6 8 Paid his fee and clerk ... ... 246 Attending to file affidavit of the respo.i- 068 dent Paid ... ... 030 Service of copy affidavit on the peti- o 50 tioner's solicitor's Dunedin agent Agents' letter acknowledging the receipt 052 of papers, &c. March 4, 1882— Attending at Supremo Court sit Dunedin, consenting to the petition being withdrawn on the payment of the respondent's costs Drawing order for payments of costs, 046 3 folios Fair copy for the Eegistrar to settle ... o 1 6 Attending him therewith ... ... 068 Engrossing order ... ... 016 Copy for Court ... ... 016 Attending to seal and lodge copy ... o 6 8 Paid ... ~. 060 Copy order for service ... ... o 1 6 Service ... ... 030 Letter to me with original ... ... 054 Drawing affidavit of increase, 3 folios ... o 4 6 Engrossing ... ... 016 Attending to be sworn thereto Paid oath ... ... 020 Attending to file ... ... 068 Paid ... ... 030 Copy for service ... ~. 016 . Service ... ... 050 Drawing bill of costs and copy, 25 folios 150 at is. Copy for petitioner's solicitor ... 012 6 Copy for Registrar ... ... 012 6 Praecipe and appointment to tax ... o 2 o Attending for appointment ... ... 068 Paid ... ... 050 Copy for service on petitioner's solicitor o 1 o Service thereof and copy bill of costs ... o 5 o Attending taxation ... ... 013 4 Paid ... ... 010 o Letters, attendances, &c, hot herein- 1 1 o before charged *8g 3 g * Not yet taxed. Court for the Trial of an Election Petition for the Electoral District of Wanganui. In the matter of "The Election Petitions Act, 1880." Between Archibald Duddington Willis, John Ballance, and Stuart Harcus Manson, Petitioners, and William Hogg Watt, Eespondent. Costs of Respondent. Taxed off. Jan. 25, 18S2— £ s. d. £ s. d.' Attending the respondent, who informed 220 1 1 o me that lie had been served with a petition against his return for Wanganui, and conferring with him Attending with him on Mr. Duigan, 220 188 conferring Instructions to defend ... ... 220 Letter to Wellington agents instructing 052 them to search at the Supreme Court Office and forward copies of petition and other papers filed Jan. 30, 1882— Drawing telegram to them to forward 068 papers at once, and attending to transmit same Paid ~, ... 020 Having received letter from them in 068 reply, perusing same Jan. 31, 1882 — Attending a witness conferring with 220 220 him as to evidence Feb. 1, 1882— Having received letter from Wellington 013 4 agents enclosing copy of papers filed in Court, perusing and considering same

I.—B

28

Taxed off. £ S. d. £ s. d. Jan. 30, 1882— Paid agents' charges, viz.— Instructions to make copy of doeu- 068 ments filed in Court Perusing telegram from you to send 068 034 same at once Attending Court, searching papers ... 013 4 Copying same, 14 folios ... ... 014 o 070 Writing you with same and postage... 056 Drawing telegram to you informing 068 you that same sent and attending to despatch Paid ... ... 014 Having discovered that petition not 013 4 013 4 verified by affidavit and other defects in form, instructions for opinion as to whether advantage could be taken thereon Fee to Mr. Fitzherbert and clerk to 356 advise Feb. 2, 1882— Attendance on respondent, conferring re 220 188 petition Feb. g, 1882— Letter to Wellington agents as to de- 052 fects in petition and paid Having received letter from them in o 6 8 reply, perusing and considering same Feb. n, 1882— Attendance on respondent, going care- 220 1 1 o fully through allegations in petition and advising with him thereon, and receiving instructions to apply to Court for further particulars rendered necessary owing to informality of petition Feb. 15, 1882— Letter to Wellington agents instruct- 052 ing them to enter appearance for respondent to apply to Court for summons to petitioners to Bupply further particulars Feb. 17, 1882— Drawing authority from respondent to 010 o 040 me to act for him in the matter of the petition, and fair copy for his signature Copy to file ... ... 020 Attending respondent at his residence 013 4 068 when he signed same Letter to Wellington agents therewith 054 and with instructions to file, and paid postage Attending, receiving, and perusing no- 068 tice of date of trial Feb. 22, 1882— Having received telegram from Welling- 068 034 ton agents that order made for further particulars, perusing same Feb. 24, 1882— Having received letter from agents en- 068 closing order, perusing same Feb. 7, 1882— Paid agents' charges, viz.— Perusing letter from you re verifica- 068 tion of petition Writing you in reply ... ... 052 Feb. 17, 1882— Paid agents' charges, viz.— Perusing letter from you with instrue- 068 tions to enter appearance Drawing appearance and copy ... o 4 o Attendance entering ... ... 034. Paid ... ... 030 Drawing summons, 10 folios ... 010 o Copy to keep ... ... 050 Copy for Court ... ... 050 Copy to seal ... ... 050 Attendance sealing ... ... 068 034 Paid ... ~, 030 Copy summons for service ... ...050050 Service on Messrs. Buckley and Co. ... 068 028 Writing you with summons, and postage 054 Drawing telegram to you, and attending 068 to despatch Bame Paid ... ... 022 Perusing letter from you with appoint- 068 ment of solicitor and instructions to file same Attendance filing ... ~, 034

Taxed off. £ s. d. £ s. d. Feb. 17, 1882 —continued. Paid ... ... 030 Preparing brief for counsel on summons, 012 o 010 o 12 folios Attending him with same .. ...068068 Paid his fee and clerk ... ... 3 5 6 Attending Chambers, order made for full 1 1 o 078 particulars as to bribery and undue influence Feb. 21, 1882— Drawing order, 8 folios .... ... 080 Fair copy for perusal of Messrs. Buckley 040 and Co. Attending them therewith ... ..,068028 Perusing and considering their altera- 068 tions therein Attending them with order as altered, 013 4 and conferring with them Copy order for signature ... ... 054 014 Copy for Court ... ... 054 014 Copy for service ... ... 054 014 Copy to keep ... ... 054 054 Attending Chief Justice for signature ... 068 Paid ... ... 060 Service of copy order on Messrs. Buck- 068 028 ley and Co. Writing you with order, and paid postage 056 Feb. 22, 1882— Drawing telegram to you, and attending 068 to despatch same Paid ... ... 022 Feb. 24, 1882— Perusing telegram from you as to service 068 034 of order Drawing telegram to you in reply, and 068 attending to despatch same Paid ... ... 010 Attending respondent and two witnesses, 220 188 conferring Feb. 27, 1882— Drawing telegram to agents at Welling- 068 ton instructing them to issue four subpoenas, and attending to despatch Paid ... ... 013 March 1, 1882— Attendance on Mr. Ballance's manager 0134 068 and receiving particulars of alleged bribery, in pursuance of order Perusing and considering same ... 2 2 o Attending respondent therewith, and 220 188 conference with him thereon March 2, 1882— Having received letter from Wellington 068 agents enclosing four subpoenas, perusing same Feb. 28, 1882— Paid their charges — Instructions to prepare four subpoenas 068 in blank Drawing same ... ... 100 Copies to seal ... ... 0100 060 Drawing praecipes and copies ... o 8 o Attendance sealing same ... ... 068 Paid fees ... ... 100 Writing you therewith, and postage 060 March 2, 1882 — Letter to agents instructing them to 052 forward tw-o subpoenas in blank, and to issue an extra subpoena to Miss Teidiman, and to serve copy same, and pay her expenses to Wanganui March 3, 18S2 — Attendance on petitioner's solicitor as 1 n 6 010 6 to admissions to be made by respondent, and agreeing to admit same if presented in writing Perusing admissions prepared by peti- 118 011 o tioner's solicitor Attendance on petitioner's solicitor, 013 4 068 agreeing to and signing same Attendance on respondent in long con- 220 188 ference re petition Beceiving letter from agents indorsing 06 8 o 34 two subpoenas in blank Drawing telegram to agents asking them 068 when Miss Teidiman would leave, and attending to despatch same Paid ... ... 010 Perusing telegram from them in reply... 068 034

I.—B.

29

Taxed off. March 7, 1882^- £ s. d. £ s. d. Perusing letter from them with sub- 068 poena for Miss Teidiman, and affidavit for service annexed, also receipt for her expenses to Wanganui Drawing telegram to agents requesting 068 them to search for notices posted in Court, and attending to despatch Paid ... ... 012 Perusing telegram from them that 068 034 notice appointing day of trial alone posted in Court March 4, 1882 — Paid agents' charges — Instructions to prepare subpoena to 068 Miss Teidiman and two subpoenas in blank Drawing subpoena to Miss Teidiman 050 Copy to seal ... ..,026016 Copy for service ... ... 026006 Drawing praecipe and copy ... o 2 o Attendance sealing ... ... 068 Paid ... ... 050 Service on Miss Teidiman ... ... 068 028 Paid her expenses ... ... 200 Drawing two subpoenas in blank ... 010 o 020 Copies to seal ... ... 050 010 Drawing praecipes and copies ... o 4 o Attendance sealing ..'. ... 068 068 Paid ... ... o 10 o Writing you with subpoenas and postage 056 Drawing affidavit of service of Bubpoena 060 on Miss Teidiman Engrossing ... ... 030 Attendance swearing ... ... 068 Paid oath and exhibit ... ... 026 Telegram from you asking when Miss 068 034 Teidiman would leave Telegram to you in reply ... ... 068 Paid ... ... 010 March 7, 1882 — Instructions to search Registrar's office 068 Attendance searching ... ... 068 Drawing telegram to you and attending 068 to despatch Paid ... ... 010 Copy subpoena for service on William 026 006 Stretch Attendance serving same ... ... 068 028 Copy subpoena for service on Richard 026 006 Kearse Attendance serving same ... ... 068 028 Copy Bubpoena for service on Alexander 026 006 Hatrick Servico ... ... 068 028 Copy subpoena for service on Frank 026 006 Parkes Service ... ..,068028 Copy subpoena for service on James 026 006 Spriggins Service ... ...068028 Copy subpoena for service on Nicholas 026 006 Henry Service ... ■•■ 068 028 Copy subpoena for service on William 026 006 Middleton Service ... ...068028 Copy subpoena for service on James 026 006 Purnell Service ... ... 068 028 Copy subpoena for service on William 026 006 P. Currie Service ... ... 068 028 Copy subpoena for service on James T. 026 006 Anderson Service ... ... 068 028 Copy subpoena for service on Arthur E. 026 006 Lewis Service ... ...068028 Copy subpoena for service on John B. 026 006 Cathro Service ... ...068028 Copy subpoena for service on Edward 026 006 Howes Service ... ...068028 Copy subpoena for service on Jessie 026 006 Podjusky Service ... ... 068 028 Copy subpoena for service on Stephen 026 006 Billings

Taxed off. March 7, 1882 —continued. £ s. d. £ s. d. Service ... ... 068 028 Copy subpoena for service on C. H. 026 006 Brockman Service - - ■ ... 068 o 2^ 8 Copy subpoena for service on John 026 006 Anderson Service ... ...068028 Copy subpoena for service on Edward 026 006 Brou gh ton Service ... ... 068 028 Copy subpoena for service on John H. 026 006 Pollack Service ... ... 068 028 Copy subpoena for service on W. H. 026 006 James Service ... ... 068 028 Instructions for brief, including nume- 210 0 o 40 o o rous and special attendances on Mr. John Anderson, Mr. Eobertson, the respondent, Mr. Henry, Mr. Middleton, Mr. Billings, Mr. Parkes, Mr. J. T. Anderson, Mr. C. H. Brockman, Mr. Pollock, Mr. Sharpe, Mr. Kearse, Mr. Hatrick, Mr. Spriggins, Mr. Purnell, Mr. Currie, Mr. Lewis, Mr. Cathro, Mr. Howe, Mr. Podjusky, Mr. Broughton, Mr. James, Miss Teidiman, and others, taking their evidence and conferring thereon, engaged all day for many days Drawing brief to counsel on trial, 85 450 folios Copy for counsel ... ... 216 8 014 2 Copy to keep for use ... ... 226 226 Attending counsel with brief ... 068 068 Fee to him and clerk ... ... 160 o o 30 o o Drawing affidavit of service of subpoena 060 on Messrs. Stretch, Kearse, Hatrick, and Parkes Engrossing ... ... 030 Copy ... ... 030 Attendance ... ... 068 Paid oath and exhibit ... ... 026 Drawing affidavit of service of subpoena 060 on Messrs. Henry and Middleton Copy to keep ... ... 030 Copy to swear ... ... 030 Attendance swearing ... ... 068 Paid oath and exhibit ... ... 026 Drawing affidavit of service of subpoena 060 on Messrs. Currie, T. Anderson, Lewis, and Cathro Copy to keep ... ... 030 Copy to swear ... ... 030 Attendance swearing ... ... 068 Paid oath and exhibit ... ... 026 Drawing affidavit of service of subpoena 060 on Howe, Mrs. Podjusky, Billings, and Spriggins Copy to keep ... ... 030 Copy to Bwear ... ... 030 Attendance swearing ... ... 068 Paid oath and exhibit ... ... 026 Drawing affidavit of service of subpoena 060 on Messrs. Brockman, J. Anderson, Broughton, and Pollock Copy to keep ... ... 030 Copy to swear ... ... 030 Attendance swearing ... ... 068 i'aid ... ... 026 Drawing affidavit of service of subpoena 060 on Mr. Purnell Copy to keep ... ... 030 Copy to swear ... ... 030 Attendance swearing ... ... 068 Paid oath and exhibit ... ... 026 March 8, 1882 — Attending Court on hearing the petition, 550 440 engaged all day when evidence taken and case proceeded with March g, 1882— Attending counsel with Eegistrar ... 1 1 o 1 1 o Refresher and clerk ... ... 27 no 27 11 o Attending Court, engaged all day when 550 440 election declared not void, and respondent declared duly elected Drawing affidavit as to attendance of 060 witnesses in support of application for Registrar's certificate

I.—B.

Taxed off. £ s. d. £ s. d. March 9, 1882 —continued. Copy to keep ... ... 030 Copy to swear ... ... 030 Attendance swearing ... ... 068 Paid oath ... ... 020 Letter to agents enclosing 7 affidavits of 050 seivice, and affidavit re witnesses' expenses, and instructing them to obtain Registrar's certificate Paid postage ... ... 016 March 17, 1882 — Urgent telegram to agents re granting 068 of certificate, and attending to despatch Paid ... ... 046 March 18, 1882 — Perusing telegram from them that eer- 068 034 tificate made and posted March 20, 1882 — Perusing letter from them, with Regis- 068 trar's certificate re witnesses Paid agents' charges — March 17, 1882 — Instructions to obtain certificate of 068 Registrar for witnesses' expenses Attendance, filing 8 affidavits ... 013 4 068 Paid fees ... ... 1 4 o Perusing telegram from you asking if 068 034 certificate yet made March 18, 1882— Attending Deputy-Registrar, obtain- 068 ing certificate Urgent telegram to you that same 068 made, and attending to despatch Paid ... ... 020 Writing you, with certificate, and paid 056 postage March 20, 1882 — Attending Mr. Billings, paying his ex- 068 048 penses as witness, and taking special form of receipt Paid him ... ... 016 o Attending Mr. Kearse, paying his ex- 068 048 penses as witness, and taking special form of receipt Paid him ... ... 100 The like attendance on Miss Teidiman 068 048 Paid her ... ... 3 "0 o The like attendance on Mrs. Podjusky 068 048 Paid her ... ... o 10 o The like attendance on Mr. Brockman 068 048 Paid him ... ... 100 The like attendance on Mr. Cathro ... 068 048 Paid him ... ... 100 The like attendance on Mr. Spriggins ... 068 048 Paid him ... ... 100 The like attendance on Mr. Stretch ... 068 048 Paid him ... ... 1 5 ° The like attendance on Mr. Pollock ... 068 048 Paid him ... ... 100 The like attendance on Mr. Broughton 068 048 Paid him ... .. 1 10 o The like attendance on Mr. Purnell ... 068 048 Paid him ... ••• 1 10 o The like attendance on Mr. J. T. 068 048 Anderson Paid him ... ... 150 The like attendance on Mr. Middleton 068 048 Paid him ... ... 100 The like attendance on Mr. Howe ... 068 048 Paid him ... ... 220 The like attendance on Mr. J. Anderson 068 048 Paid him ... ... 1 5 ° The like attendance on Mr. Hatrick ... 068 048 Paid him ... ... 1 5 ° The like attendance on Mr. Parkes ... 068 048 Paid him ... ... 150 The like attendance on Mr. Currie ... 068 048 Paid him ... ... 1 10 o The like attendance on Mr. Lewis ... 068 048 Paid him ... ... 1 10 o Numerous attendances, postages, mes- 21 o o 11 o 0 sages, cab-hires, &c, not hereinbefore charged Perusing telegram from Wellington 068 034 agents, inquiring if order made for taxation of costs, as required by Act

Taxed off. £ 8. d. £ s. d. March 20, 1882—continued. Telegram to them in reply, and attend- 068 ing to despatch Paid ... ... 016 Letter to agents instructing them to ob- 052 tain order Letter from agents, with order, perusing 068 same Paid agents' chargesTelegram to you, inquiring if order 068 made for taxation of costs, as required by Act Paid ... ... 016 Telegram from you thereon, also letter 068 instructing us to apply for order Drawing notice of motion for order for 040^ taxation > o 2 o Copy to keep ... ... o 20.) Copy for Court ... ... 020 Attendance lodging ... ... 068 034 Paid ... ... 020 Copy notice of motion for service on 020} Messrs. Buckley and Co. > o 2 o Copy for their consent ... ... o 2 o) Attendance serving copy on Messrs. 068 028 Buckley and Co., and obtaining consent to copy for filing Attendance filing same ... ...068034 Paid ... ... 030 Attending Chambers, order made ... 1 1 o o 7 8 Drawing order ... ... 060 Copy to keep ... ... 030 030 Copy for Court ... ... 030 Copy for signature ... ... 030 Attending for signature ... ... 068 Paid ... ... 060 Copy order for service on Messrs. Buck- 030 ley and Co. Service ... ~.068280 Writing you with order ... ... 056 Instruction for affidavit of increase ... 068 068 Letter to agents instructing them to 052 draw bill of costs and tax same Letter from agents with affidavit of in- 068 crease to be sworn Attendance swearing ... ... 068 Paid ... ... 020 Writing agents with affidavit, and paid 056 postage Letter from agents enclosing bill of costs 068 as taxed, also allocatur Attendance settling ... ... 013 4 Paid agents' charges, viz.— Instructions to draw bill of costs and 068 have same taxed Drawing affidavit of increase ... 060 06 o Copy to keep ~, ... 030 Copy to swear ... ... 030 Writing you therewith for purpose of 056 being sworn, and paid postage Having received same duly sworn, 068 034 attending to file same Paid ... ... 030 Copy affidavit of increase for service... o 3 o Drawing bill of costs ... ... 500 0100 Copy to keep ... ... 2100 050 Copy for service ... ... 210 o 050 Copy for Registrar ... ... 210 o 050 Drawing appointment to tax ... 040 040 Copy to keep ... ... 020 Copy for service ... ... 020 Attending Registrar with bill of costs 068 and obtaining appointment to tax Paid ... ... 050 Service of copies of affidavit of increase, 068 028 bill of costs, and appointment to tax on Messrs. Buckley and Co. Attending taxation ... ... 550 330 Paid ... ... 015 o Copy allocatur to keep ... ... 020 Copy for service ... ... 020 Attending service same ... ... 068 028 Writing you with bill of costs as taxed, 056 and allocatur 593 o 5 155 18 10 Taxed off ... ... 155 18 10 Allowed at ... ... 437 1 7

30

31

I.—B

ABSTRACT of Bills of Costs in Certain Election Petition Trials.

Electoral District. Petitioners. Eespondents. Solicitors and Counsel for Petitioners. Solicitors and Counsel for Respondents. Counsel's Pees. Payments out of Pocket. Witnesses. Solicitors' Charges. Total. Taxed off. Amount Allowed. "Wakanui Joseph Ivess ... John Cathcart Wason Solicitor: Mr. F. Wilding Counsel: Mr. Stout, Mr. F. Wilding Solicitor: Mr. E. W. Burton Counsel: Mr. Lusk, Mr. Burton Solicitors: Messrs. Harper and Co. Counsel: Mr. Button, Mr. Gr. Harper Solicitors : Messrs. Harper and Co. Counsel: Mr. Button, Mr. Gr. Harper Solicitors: Messrs. Jackson and Russell Counsel: Mr. Cotter, Mr. A. E. Whitaker Solicitors: Messrs. Grarriok and Cowlishaw Counsel: Mr. Holmes, Mr. G-arrick Solicitor: Mr.J.W.White Counsel: At Timaru — Messrs. Perry and Perry and Mr. J. W. White; at Christchurch —Messrs. Joynt and Percival; at Dunedin — Messrs. Sieyright and Stout Solicitor: Mr. S. T. Fitzherbert Counsel: Mr. S. T. Fitzherbert £ s. d. 310 14 0 £ s. d. 22 5 0 £ s. d. 62 17 10 £ s. d. 108 5 3 £ s. d. 504 2 1 £ s. d. 193 13 4 £ s. d. 310 8 9 206 14 0 84 15 3 36 5 6 62 18 8 390 13 5 18 1 8 372 11 9 Franklin North William Francis Buekland Benjamin Harris 168 1 2 13 4 5 49 10 8 132 5 8 363 1 11 139 4 11 223 17 0 Lyttelton Harry Allwright 174, 17 0 7 18 8 24 13 8 118 5 8 325 15 0 252 9 5 73 5 7 William Hollis' Gladstone Robert Rutherford James Hutchinson Sutter 73 13 0 5 3 6 4 0 0 44 10 10 127 7 4 2 14 7 124 12 9 43 12 6 4 14 1 40 17 2 89 3 9 * # Wanganui John Ballance and others William Hogg Watt Solicitor: Mr. C. H. Maclean Counsel: Messrs. Stout and Buckley • 123 18 6f 194. 2 0 8 11 9 25 3 0 365 3 8 593 0 5 155 18 10 437 1 7 * Not yet taxed. t Total amount of claim by Mr. Ballance's solicitor.

1.-8

32

ADDITIONAL CORRESPONDENCE.

Mr. "Walter H. Pilliet to the Chaieman, Election Petitions Inquiry Committee. Sic,— Wellington, 25th July, 1882. I have received a request to attend and give evidence before your Committee. If the request has been made with, a view of establishing a claim of my own, I wish the Committee to understand that Ido not advance my claim singly; but, if my evidence on the question of general costs is desired, I shall be most happy to assist the Committee in any manner in my power. I have, &c, The Chairman, Election Petitions Inquiry Committee. "Waltee H. Pilliet.

Deae Sib,— Committee-room No. 41, 26th July, 1882. The Committee only desired to give you an opportunity of being heard as to the costs and expenses incurred by you, in the event of your claiming to be recompensed. I thank you for the offer to give evidence upon the general question, but am directed to inform you that the Committee thinks it has already sufficient materials for coming to a report on that head. I have, &c., John Sheehan.

John Ballance, Esq., "Wanganui. The Election Petitions Inquiry Committee would be glad to learn from you the amount of costs which you have to pay, apart from those payable to the other side, in the recent election petition inquiry at "Wanganui. "Wellington, 2nd August, 1882.

John Sheehan, Esq., M.H.E , "Wellington. McLean's account, including Buckley, Stafford, and Eitzherbert's, and Borlase and Barnicoat accounts, £123 18s. 6d. In addition to above, paid away about £25. "Wanganui, Bth August, 1882. John Ballance.

By Authority : Geoege Didsbuby, Government Printer, Wellington.—lBB2.