Page image

7

H.—l3

3. It shall not be lawful for the Governor, under section five of " The Supreme Court Act, 1882," to appoint more Judges of the Supreme Court than the number for whom salaries are provided by Act of the General Assembly. 4. In addition to the sum of seven thousand seven hundred pounds payable to Her Majesty by " The Civil List Act, 1863," for defraying the expenses of the salaries of the Judges of the Supreme Court, there shall be payable to Her Majesty every year, commencing with the second day of March last, the further sum of one thousand five hundred pounds, to be applied in paying the salary of an additional Puisne Judge of the said Court.

No. 22. The Hon. E. Mitchelson to Mr. Commissioner Edwards. Sib,— Native Office, Wellington, 14th May, 1890. Ministers have had under their consideration in Cabinet the question of fees to be charged in respect of matters brought before Commissioners under " The Native Land Court Acts Amendment Act, 1889," and are of opinion that amendments and reductions in the following items might be desirable. The third item on the schedule : Ministers consider that the last clause in the column under " Amount of Fees and Mode of Calculation " should be amended by the omission of the words " but in no case to be less than £20." In the fourth item, the amount should be reduced from £5 to £2, and the word " three " struck out from the paragraph in the first column. In the fifth item, the amount to be reduced from 10s. to ss. In the sixth item, the words "in no case to be less than £5 "to be struck out. In the last item, it is not clear whether the fee of 10s. includes summons to witness :if so, it is considered too much, unless the document may include more than one. It is desirable that you should cause a notification to be issued at your earliest convenience, giving the schedule of fees, with amendments as I have indicated. As regards fixing your place of residence, the Government have not yet been able to come to a decision in the matter; in the meantime you may consider Wellington your head-quarters, and you will be entitled to draw your travelling-allowance at the authorised scale when absent on duty elsewhere. It is the intention of the Government to introduce legislation during the coming session to amend the Civil List Act so as to provide for the payment of six Judges instead of five, the sixth Judge being yourself. Eeferring to our conversation respecting the remuneration of your Associate, who is actingsecretary to the Commission, I have to inform you that the amount of 17s. 6d. per diem, which he receives while so employed, is to cover all expenses except transit. In fixing this amount the Government have regard to the pay of Clerks of the Native Land Court, who perform responsible duties, and who receive when employed away from their places of residence 15s. per diem, and 10s. per diem when at their places of residence. Many of these gentlemen are experienced and capable clerks. The Government are therefore unable to increase the amount paid to your secretary. I have, &c, His Honour Mr. Commissioner Edwards, Wellington. E. Mitchelson.

No. 23. His Honour the Chief Justice to the Hon. the Pbemiee. My deab Sib Habbt Atkinson, — Wellington, 10th June, 1890. I am not sure that you know that there is now arid is likely to be a very considerable pressure of judicial business in the Wellington District. I have adjourned Napier sittings to the 21st July, thinking that that would give ample time for the passing of any measure you propose to submit. It is intended to ask Mr. Justice Conolly to take these sittings, and Mr. Justice Edwards to take his place at Auckland while at Napier : this is necessitated by the fact that Mr. Justice Edwards has been engaged on several of the cases. The work at Napier is likely to take four or five weeks. There is a good deal of work in Wellington itself. My object in writing is that you should know that the services of Mr. Justice Edwards in the Supreme Court are urgently required. Yours, &c, James Pbendebgast.

No. 24. Mr. Commissioner Edwaeds to the Hon. the Native Minister. Sib,— Nelson, 3rd July, 1890. As I perceive from the report of the proceedings in Parliament that it has been stated by Mr. Ballance that I have been so connected with Native matters as to render my appointment to the office of Commissioner under the Native Lands Act of 1889 improper, I desire to say most emphatically that this statement is in every particular untrue. Two cases appear to have been referred to in support of this statement, both of which are reported in the New Zealand Law Eeports—viz., Seymour v. Macdonald, 5 N.Z.R., C.A., 167 (April and June, 1887), and In re the Koterapaia Block, 3 N.Z.L.E., C, 54. Both of these cases are upon pure matters of law, the first simply to determine the question as to whether under certain circumstances it was the duty of the Chief Judge of the Native Land Court to make the inquiries directed by section 24 of " The Native Land Administration Act, 1886," and the second to determine the procedure of the Native Land Court under certain circumstances. A reference to the reports will