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No. 82. CASE IN THE COUBT OP APPEAL BETWEEN THE HONOURABLE THE ATTOENEY-GENEEAL AND MR. W. B. EDWAEDS. IN THE \ * - 4 | « 4 j^a! ti °^m JpafotpU NoSkifomr Patrick alphonsus buckley, as AND BEING THK ATTORN EY-GeNERAL OF New Zealand .... Plaintiff, AND WORLEY BASSETT EDWARDS - - Defendant. ON MOTION REMOVED BY CONSENT FROM THE SUPREME COURT OF NEW ZEALAND.

The following documents herein have been filed on behalf of the Plaintiff: — PAGE I PAGE 1. Statement of claim .. .. .. .. 38 G. Affidavit of G. J. A. Haselden .. .. 56 2. Affidavit of H. B. Vogel .. .. .. 40 7. „ C. J. A. Haselden .. .. 57 3. Notice of motion .. .. .. .. 40 8. „ W. J. Morpeth .. 57 4. Affidavit of W. J. Morpeth .. .. .. 47 9. Order removing case .. .. .. 69 5. „ H. Otterson .. .. .. 55 The following documents herein have been filed by the Defendant: — PAGE PAGE 1. Statement of defence .. .. .. 40 5. Affidavit of Defendant .. .. .. 58 2. Affidavit of Defendant .. .. 43 6. „ B. T. Sayers .. .. .. 58 3. „ Defendant .. .. .. 43 7. Defendant and P. E. Wilson .. 67 4. „ F- Harrison .. .. .. 47

STATEMENT OF CLAIM. Patrick Alphonsus Buckley, Attorney-General of our Sovereign Lady the Queen in New Zealand, saith, — 1. There were on the 2nd March, 1890, and there are still, five duly-appointed Judges of the Supreme Court of New Zealand —to wit, one Chief Justice and four Puisne Judges, who were appointed on the dates following—that is to say : His Honour Sir James Prendergast, appointed on the Ist day of April, 1875 ; His Honour Christopher William Richmond, appointed on the 20th day of October, 1862; His Honour Joshua Strange Williams, appointed on the 3rd day of March, 1875; His Honour John Edward Denniston, appointed on the 11 tli day of February, 1889; His Honour Edward Tennyson Conolly, appointed on the 19th day of August, 1889. 2. The Acts of the General Assembly of New Zealand dealing with the appointment of Supreme Court Judges now in force in New Zealand are, " The Supreme Court Act, 1882/' and " The Civil List Act 1863 Amendment Act, 1873." 3. That the Judges above named have oeen paid the salaries mentioned in the Civil List Act above-mentioned. 4. That on the 2nd day of March, 1890, His Excellency the Governor of New Zealand, purporting to exercise the powers vested in him by the said " Supreme Court Act, 1882," issued a Commission to Worley Bassett Edwards, Esquire, then of Wellington, in the Colony of New Zealand, a Barrister of the Supreme Court of New Zealand of more than seven years' standing, purporting to appoint him to be a Puisne Judge of the Supreme Court of New Zealand. The Commission is in these woi'ds ;- —