H.—No. 14. 38

Mr. D. Bosselmann. ilth Sept., 1871.

Mr. Bunny : As I understand it, they agreed among themselves that they should ask 10s. a day for going down to vote at that election. That appears to have been demurred to by Kerr. They then considered it over amongst themselves, and finally arranged to take Bs. a day. By the Chairman : How long had you been working at this contract ?—I cannot say exactly ;I. do not know how long we worked after the election. When you took the contract, what did you consider you were making per day ?—One of us had calculated that we were to have 10s. a day, if we completed our contract within the time. When you had consulted together and agreed to go down for the Bs. a day, was it with reference to what you were then making from tho contract ?—I do not recollect that I named any sum to Kerr. By Mr. Gillies : When you named that sum of Bs. amongst yourselves, did you name that sum as being a day's wages ?—We made it out amongst ourselves that we would ask 10s. By the Chairman : What did you consider at the time of the election you were earning under the contract per day ? —Once we had made a calculation when we had worked there about six weeks' and we found that we merely got 6s. a day-. That is the only time I recollect that we had made any calculation. Was that calculation made before or after the election ? —(No answer). By Mr. Allan: How many shillings a week were you making after the election ?— When the election took place I do not know how much, but after that we found we were making £1 per week. Had you to buy provisions out of that ? —Yes. How long before Kerr asked you to go down to vote for Monro, did you know that Monro was a candidate ? —About three or four weeks before, I had heard that Monro was to come forward as a candidate. By the Chairman : Had the polling-place been a short distance from where you were working, for which candidate would you have voted?—l cannot say; I did not know Mr. Parker, neither did I know Sir David Monro. By Mr. McGillivray : Did you consider your contract a good contract, earning £1 a week ?—I have never had worse contract than this one, earning £1 a week. Witness withdrew. The Committee adjourned. Monuat, 11th September, 1871. The Committee met at half-past 10 o'clock. Mr. Brandon in the Chair. Mr. Allan appeared for the petitioner, Mr. Charles Parker ; and Mr. Travers for the sitting Member, Sir David Monro. Minutes of last sitting read and confirmed. James Hagan sworn and examined. By Mr. Allan : What it you name ? —James Hagan. How do you spell it ?—(Witness spells the name as given). How old are you ? —Twenty-two last August. You mean August, 1871 ?—Yes. You know your father's name ?—Yes. What is his name ? —James Hagan. Is your father alive ?—No. Where did he live ?—He lived at Waimea South. When did be die ?—ln August, 1808. Do you own any land at Waimea West? —We have land. It belongs to my mother till her death, then it comes to me and my brother. Is your mother living there now ?—She is living in Waimea South. Do you know whether your father was registered as an elector ?—I believe he was. Have you ever applied to have your name put on the electoral roll? Mr. Travers: I object to that question; that is a matter entirely for the consideration of the Registration Officer, wbose act is a judicial one. It has been decided to be a judicial act and not open to investigation. I will call your attention to cases in which that point has been actually decided. Of course it is perfectly immaterial how the witness answers the question as affecting the position of Sir David Monro ; but I object to a question being asked on a subject which the Committee has no power whatsoever to decide, and which may affect Sir David Monro. In the first place I call your attention to the latter part of the 38th section of " The Election Petitions Act, 1858," which says, " Tho electoral roll shall bo deemed and taken to be conclusive evidence that the persons therein named were duly qualified to vote." I apprehend that no question whatsoever can come before the Committee upon that point. It is quite immaterial whether he really possessed the qualification or not. The roll is conclusive evidence on that point, and no inquiry in regard to it can take place before the Committee. It has been decided over and over again in courts of law that the Revising Barrister has no power to inquire whether a claim has been made or not. There is a leading case, Davis v. Hopkins, in 3rd Common Bench, new series. It was an i appeal case, and the whole question was considered by the Judges. In England the notices of claims are given to the Overseers of the Poor, who make up the lists for revision. Here the notices of claims are given to the Magistrate or some person called a Registration Officer, and it is his duty to make up the list. He occupies precisely the same position as the Overseers of the Poor, who make up the lists in England. The case I have

llth Sept., 1871 Mr. J. Sayan. llth Sept., 1871.

11EPORT OP THE MOTUEKA ELECTION COMMITTEE.