The Cyclopedia of New Zealand [Wellington Provincial District]
The Departments under the control of the Minister of Justice are the Chief Office, which includes the Patent Office, the Crown Law Office, the Supreme Court, the Bankruptcy, District, Stipendiary Magistrates, Wardens, Native Land, and Validation of Native Titles Courts, the conduct of criminal prosecutions, the control of coroners and management of prisons, and all other matters connected with the dispensation of law and justice in the Colony. The annual charges of the department, inclusive of the Patent Office, are £2085 for nine officers. Besides these, there are the general expenses of the department, such as the cost of criminal prosecutions, fees to Crown page 135 solicitors, expenses of witnesses, payment of jurors, and fees to coroners, which absorb £14,500 per annum, and miscellaneous services £4000.
Mr. Charles John Allen Haselden, J.P., Under Secretary for Justice, and Registrar of Patents, Designs, and Trade Marks, was born in London in 1838, and was educated at Dr. White's Private School, Notting Hill, London. In 1860 Mr. Haselden came to the Colony per ship “Mermaid,” landing in Auckland. He had previously been for nearly seven years in the employ of the famous London bookselling firm, known throughout the world as W. H. Smith and Son. After a trial of farming in the North of Auckland, Mr. Haselden, in January, 1862, took charge of a school under the Provincial Government at Hakaru, on the East Coast of the Auckland province. About the middle of the same year he changed in favour of a similar school at Turanga, about twenty miles south of the then capital. But here the conditions of Maori matters became alarming, and in July, 1863, Mr. Haselden deemed it advisable to fly with his wife and child. The house they so suddenly vacated was sacked very shortly afterwards, and two boys belonging to neighbouring homesteads were shot dead by the Maoris. Mr. Haselden then entered the Government Service as clerk in the office of the Deputy Adjutant General of Militia and Volunteers (Colonel Balneavis), and in February, 1865, when all the Government offices were removed to the new capital, Mr. Haselden was transferred to the office of the Attorney-General in Wellington — the title being afterwards changed to Department of Justice. In this department Mr. Haselden gradually rose, and on the retirement of Mr. R. G. Fountain, in February, 1882, he was appointed Under-Secretary. The position of Registrar of Patents, etc., was conferred upon him when that department was created in 1867.
For twenty-seven years the subject of this notice was Superintendent of the Sunday school now held in the Gospel Hall, Herbert Street—a position which he resigned only last year, 1894. In July, 1860, almost immediately before leaving England, Mr. Haselden was married at Folkestone, Kent, to Miss Tiffen, and their family now numbers five, three sons and two daughters.
Mr. Frank Waldegrave, the Chief Clerk in the Department of Justice, and Deputy Registrar of Patents, is the youngest son of the late Mr. John Waldegrave, a well-known early colonist who settled at Palmerston North. Mr. Frank Waldegrave was born and educated in Wellington, and entered the service of the State in 1874 as a cadet in the Colonial Secretary's Office. He has been private secretary to several Ministers, and was transferred to the Justice Department in 1881, rising to the position of chief clerk in 1889, and being subsequently appointed Deputy Registrar of Patents.
Mr. George Henry Davies, Translator, Justice Department, was born at the Bay of Islands in 1844, and educated at his native place, and at the Church of England Grammar School, Auckland, under Dr. Kinder. His father, the Rev. C. P. Davies, who had been trained as a medical man, and became a missionary after arrival in the Colony was at different times stationed at Tauranga and at Opotiki. At the latter place he was succeeded by the Rev. Mr. Volkner, who, it will be remembered, was most cruelly murdered by the Maoris. Mr. Davies joined the Government service in 1872, in Wellington, as an interpreter. He had previously acted in this capacity for years in the Bay of Islands, and was licensed by the Government as an interpreter. Upon the promotion of Mr. T. E. Young to the position of judge of the Native Land Court, Mr. Davies became translator. When Sir Donald Maclean was Native Minister, Mr. Davies frequently accompanied him on his journeys in a confidential capacity. Mr. Davies has shown interest in local affairs as a member of the Karori School Committee, in the deliberations of which he has taken part for several years. As a chess player he was one of the original members of the Wellington Chess Club, and was selected to play in interprovincial matches. He is now a member of the Karori Chess Club. In 1881, Mr. Davies married Miss R. A. Godfrey, daughter of the late Rev. D. R. Godfrey, rector of Stow Bedon, Norfolk, and has three sons and three daughters.
Clerks—C. B. Jordan, B. M. Wilson, C. E. Matthews, H. R. L. Hirter.
Crown Law Office.
The Crown Law officers are the advisers of the Government on all legal matters. The Attorney-General is usually a member of the Ministry, and generally acts as leader of the Upper House. In this department all Government Bills are drafted. The Solicitor General, Mr. W. S. Reid, is considered to be the best authority on constitutional law in the Colony since the death of Sir Frederick Whitaker, and he has more than once been offered and refused a seat on the Supreme Court. All departments are advised on legal points, and the time of the Solicitor-General is very fully occupied. Dr. Fitchett, page 136 the law draftsman, is understood to be one of the ablest the Colony has had.
Mr. Walter Scott Reid, Solicitor-General, is the Chief Legal Adviser of the Government, and its principal law officer. He is considered by the highest legal authorities to be the best constitutional lawyer in the Colony since the death of Sir Frederick Whitaker. He has more than once been offered and refused a Supreme Court judgeship, but his health, apart from other considerations, has led him to decline the honour.
Mr. Leonard Greenwell Reid, Assistant Crown Law Officer and Revising Barrister of Friendly Societies, was born in the Falkland Islands. His father, Captain Reid, who belonged to the 45th Regiment, was sent out as Staff-officer of Pensions in 1852 to Tasmania, where the subject of this sketch was educated. In 1869 he came to New Zealand, landing in Hokitika, where he was articled to Messrs. Buller and Reid. He completed his articles with Messrs. Travers and Ollivier in Wellington in 1879, when he was admitted a barrister and solicitor. Mr. Reid practised his profession on the West Coast and at Timaru till 1882, when he was appointed to the office he now holds. He has been a hardworking member of the Wellington Acclimatization Society, of which he was treasurer for ten years. In the Horticultural Society he occupied the position of Chairman of Committee for some years. He was one of the promoters of the local Scenery Preservation Society, of which he is vice-president. Mr. Reid is an unattached member of the Masonic brotherhood, having joined the Timaru Lodge, E.C. He was married in 1887, and has one daughter and two sons.
Dr. Frederick Fitchett, Parliamentary Draughtsman and Assistant Crown Law Officer, was born in 1851 at Grantham, Lincolnshire, England. He was educated at the Victorian and New Zealand Universities, and gained in Dunedin the Bowen prize in 1876, a senior scholarship in Latin in 1878, and in Greek in the following year. In 1879 Dr. Fitchett took his B.A. degree, and in 1880 that of M.A. with first-class honours in political science, and also the LL.B. degree. He was admitted a barrister and solicitor of the Supreme Court in 1881, and started practice in Dunedin, where he was afterwards joined by Mr. Thornton in the firm of Fitchett and Thornton. Dr. Fitchett continued a member of this firm till 1894, when he was appointed to the office he now holds. He gained his LL.D. degree in 1887. In the same year he was elected Member of the House of Representatives in the Liberal interest for Dunedin Central. While in Parliament Dr. Fitchett was whip of his Party. He did not seek re-election after the expiry of his term. Dr. Fitchett was elected to the Senate of the New Zealand University in 1883, and has taken part in the deliberations of that body to the present day. In 1890 he visited London, where he married Miss Lena Valerie Blain. He has one son.
Clerk—E. Y. Redward.
The Patent Office.
The duties of the Patent Office are performed by the officials attached to the Department of Justice, the Under-Secretary being the registrar of patents, designs and trades marks. There is a valuable and useful library in connection with this Department which is at present somewhat inconveniently provided for in the museum, where the want of room is so severely felt that many cases of British specifications are, for this reason, unpacked, and difficulties may, it is feared, result from the non-publication in the Colony of important inventions. Accommodation will, however, be provided in the additions now being made to the Government Printing Office for the Library and models. The number of complete applications received for patents for the year ending 31st of December, 1894, was 278 New Zealand and 166 foreign, and 251 New Zealand and sixty-one foreign provisional specifications were also lodged. Three-hundred-and-fifty-three applications were made for registration of trade marks, and 272 were registered, and fifteen designs were also registered, the income for fees being £2447, while the expenditure of the Department is only £536; leaving a surplus of £1941. The work done in this Department shows a steady annual increase, as in the years 1861 to 1864 there were only twenty-one applications made, and these rose by 1870 to 787, and the numbers for the successive years showed the following increases:—1891, 818; 1892, 906; 1893, 951; 1894, 1118. The Department issues a fortnightly supplement to the Government Gazette, which gives much valuable information relative to the various applications made to the office.
Any person desiring to register a trade mark or to apply for letters patent may obtain the necessary forms gratis on application at the office where the staff will courteously give inventors or applicants any information in its power. A patent may be granted to one or more persons providing one is the actual inventor, or to the assignee or authorized agent of the inventor. Every application must be accompanied by a specification, either provisional or complete, and a fee of 10s. If a provisional specification only is lodged, a complete one must be sent in within nine months, and copies of drawings, if any, are required with a further fee of 10s. The acceptance of the complete specification is gazetted, and any person may within two months oppose it, stating the grounds of his objection. The Registrar may then fix a day for hearing, and after hearing evidence, may decide the case and make such orders for costs as he may think fit. The applicant is allowed a further period of fifteen months in which to pay a fee of £2, and the patent is then issued. The term of a patent is fourteen years, subject to a payment of five pounds within four years, and ten page 137 pounds within seven years. A patent may be revoked by the Supreme Court. Trades marks are registered on application on the prescribed form accompanied by four representations of the mark; fee 5s. Every such application is gazetted, and two months allowed for objections. There have been more applications for patents in proportion to its population in this Colony than in any other country or colony in the world, the total number up to the end of 1894 being 8042.
Officers Of The Department.
Registrar of Patents, Designs, and Trade Marks—C. J. A. Haselden, J.P. (See Justice Department.)
Deputy Registrar—F. Waldegrave. (See Justice Department).
Clerks—J. C. Lewis, F. J. Stewart.
The Supreme Court.
The Supreme Courts of the Colony are presided over by the Chief Justice and four puisne judges, one each being stationed at Auckland, Wellington, Christchurch, and Dunedin. Sittings are held for the trial of criminal and civil cases at Auckland, Gisborne, New Plymouth, Napier, Wellington, and Wanganui in the North Island; and at Blenheim, Nelson, Hokitika, Christchurch, Timaru, Oamaru, Dunedin, and Invercargill in the Middle Island. The judges are appointed for life, and by the Act of 1858 it was provided that the commissions of the judges then in force should continue during good behaviour; but that it should be lawful for the Governor, upon an address being presented by both Houses of the Assembly, to remove any judge from his office and revoke his commission; or suspend any judge from office, which suspension, unless revoked, shall continue in force till the end of next session of the General Assembly, and no longer. This provision has never been put into effect in the Colony. Provision is also made by which the Governor may appoint a judge for a temporary purpose, and this has been done on several occasions in the Colony. The Court of Appeal, which sits at Wellington twice a year, is usually composed of the Chief Justice and two puisne judges. Judges of the Supreme Court are entitled to superannuation allowances on resignation, after having reached the age of sixty years, in proportion to length of service, varying from one-fourth of the annual salary after ten years' service to two-thirds after thirty-five years. The appointment of a judge is not valid unless the payment of his salary is previously secured by statute. This point was settled, after much litigation, by a decision of the Judicial Committee of the Privy Council, in the case where Mr. W. B. Edwards had been appointed a judge of the Supreme Court by the Atkinson Government in 1890, and when the Ballance Government came into power in the following year, the appointment was disputed as ultra vires, on the ground that Parliament had not been asked to grant the salary. In addition to civil and criminal business, the Supreme Court deals with bankruptcy cases, and there is an Official Assignee, each with his staff, at the four chief cities, and deputy assignees in the minor towns. The annual charges in the Supreme Court are—for the judges under the civil list, £7700; for the officers of the Supreme Court, expenses of Circuit Courts and Courts of Appeal, £6210; for the Bankruptcy Court, £5682; total, £19,592. The total number of officers of the Supreme Court of the Colony, exclusive of the judges, is twenty-eight; and of the Bankruptcy Court, eleven (exclusive of deputy assignees, who are paid by fees out of the estates, except in cases where there are no assets.)
His Honour the Chief Justice, the Hon. Sir James Prendergast, B.A., is the second son of the late Mr. Michael Prendergast, Q.C., by his marriage with Miss Caroline, sister of the late Mr. George Dawe, R.A. Sir James was born in 1828, and was educated at St. Paul's School and at Queen's College, Cambridge, where he took his B.A. degree in 1849. He entered and studied at the Middle Temple, London, in May, 1849, and was called to the bar in April, 1856. Having practised for a time as special pleader in England, he came to Otago, New Zealand, per ship “Chili,” in 1862, and was admitted to the New Zealand bar in that year. In 1863 he was appointed Crown Prosecutor at Dunedin, and Provincial Solicitor for the Province of Otago. In 1865 Sir James was appointed to the Legislative Council, and Non-Political Solicitor-General, and later in the same year Non-Political Attorney-General, which latter office he filled till 1875. On the 1st of April of that year he was appointed Chief Justice of New Zealand. Several times during the absence of the Governor, Sir James has administered the government of the Colony. He was created a Knight Batchelor in November, 1881.
Sir James Prendergast.
Supreme Court Judges.
Puisne Judges —Auckland, E. T. Connolly; Christchurch, J. E. Denniston; Dunedin, J. S. Williams.
Registrars Of The Supreme Court.
Auckland, H. C. Brewer; New Plymouth, W. Stuart; Wanganui, C. C. Kettle; Napier, A. Turnbull; Gisborne, W. A. Barton; Wellington, D. G. A. Cooper; Nelson. H. W. Robinson; Blenheim, J. Allan; Christchurch, A. R. Bloxam; Hokitika, A. H. King; Dunedin, C. McK. Gordon; Invercargill, F. G. Morgan.
Auckland, H. C. Brewer; Taranaki—W. G. P. O'Callaghan; Hawkes Bay, A. Turnbull; Poverty Bay, W. A. Barton; Wellington, D. G. A. Cooper; Wairarapa, T. Hutchison; Wanganui and Rangitikei—A.D. Thomson; Nelson—W. Heaps; Westland North, A. Greenfield; Central Westland, H. Lucas; Marlborough, J. B. Stoney; Canterbury, A. R. Bloxam; Timaru, C. A. Wray; Westland, A. H. King. Otago—C. McK. Gordon; Southland, W. Martin.
Auckland, Hon. J. A. Tole; New Plymouth, A. Standish; Gisborne, J. W. Nolan; Napier, A. J. Cotterill; Wellington, H. Gully; Wanganui, S. T. Fitzherbert; Nelson, C. Y. Fell; Blenheim, K. McCallum; Christchurch, T. W. Stringer; Timaru, J. W. White; Dunedin, B. C. Haggitt; Invercargill, T. M. Macdonald; Oamaru, A. G. Creagh.
Official Assignees In Bankruptcy.
Auckland, J. Lawson, J.P.; Wellington, J. Ashcroft, J.P.; Christchurch, G. L. Greenwood; Dunedin, C. C. Graham, J. P.
District Courts were established by an Act of 1858 for the administration of civil and criminal business. It provided that the Governor should have power to appoint any fit and proper person being a barrister and solicitor of the Supreme Court to be a district judge, who might be appointed to have jurisdiction over two or more districts; and who might practice as a barrister of the Supreme Court. The Court had jurisdiction up to £100 in civil cases, but could not deal with actions in which the title to real estate was in question, or of libel, slander, seduction, or breach of promise. Suitors in the District Court may demand a jury to try the action, which may be reduced to four in number by challenge; but in criminal cases the full number of twelve is necessary. Under the Amended Act of 1888 jurisdiction was extended in civil cases to £200, and in cases where a jury is empanelled the judge may accept a three-fourths verdict. The District Court hold sessions for dealing with bankruptcy, civil and criminal cases in minor towns which the Supreme Court judges do not visit. In some instances the District Judge also acts as resident magistrate.
District Court Judges.
Wairarapa, Wanganui; New Plymouth, Hawera, and Palmerston North—C. C. Kettle
Nelson—H. W. Robinson.
Ashburton, Timaru, Oamaru, Queenstown, Naseby, Lawrence, Invercargill, Hokitika, Greymouth, Westport, and Reefton—C. D. R. Ward.
Crown Prosecutors—District Courts.
New Plymouth, A. Standish; Hawera, E. L. Barton; Wanganui and Palmerston North, S. T. Fitzherbert; Westport and Reefton, C. E. Harden; Hokitika, J. Park; Greymouth, M. Hannan; Timaru, J. W. White; Oamaru, A. G, Creagh; Nelson, C. Y. Fell; Queenstown, Wesley Turton; Invercargill, T. M. Macdonald.
Under the Magistrates' Court Act of 1893, the term Resident Magistrate was altered to Stipendiary Magistrate. Every magistrate is, by virtue of his office, a Justice of the Peace and a Coroner, and has all the powers, functions, and discretions exercised by two Justices of the Peace. The jurisdiction of Stipendiary Magistrates is classed into “ordinary,” “extended,” and “special.” Ordinary jurisdiction includes breaches of contract, debt, or the recovery of any demand not exceeding £100, and, where the parties agree, by writing signed by them or their solicitors, that, whatever the subject matter, but not in excess of £200 (provided the case be otherwise within the jurisdiction) the Court shall have jurisdiction; and the granting of a writ of arrest for holding to bail any person about to quit the Colony leaving a claim unsettled. Extended jurisdiction includes the following cases:—Breach of contract, recovery of debts and enforcement of claims not exceeding two hundred pounds; and, where the parties agree, up to £500. “Special” jurisdiction includes the recovery of compensation not exceeding two hundred pounds for false imprisonment, illegal arrest, page 139 malicious prosecution, libel or slander, seduction, or breach of promise of marriage, and other matters relating to legacies and injunctions. No person may be appointed to exercise the extended jurisdiction of the Court who is not a barrister, or solicitor of the Supreme Court, or who has not exercised the extended jurisdiction of the court for a period of five years. All magistrates hold office during the pleasure of the Governor. In goldfield districts the Stipendiary Magistrate is also warden of the goldfields, having very large powers in dealing with leases, water rights, and other privileges. In native districts the magistrate is also a Commissioner of the Native Land Court, in some cases registrar of the Supreme Court, coroner, district land registrar, etc. Attached to the Magistrates' Court are the clerk of the court, the bailiff, and extra clerks in the principal towns, the clerks frequently acting as registrars of the Supreme Court, receivers of gold revenue, etc. The total cost for salaries, travelling expenses, etc., of the 131 officers, including the district judges who administer the lower courts, is £44,076 per annum.
Auckland, H. W. Northcroft; Pokeno, Waikato, etc., T. Jackson; Onehunga, etc., R. S. Bush; Russell, etc., J. S. Clendon; Tauranga, etc., J. M. Roberts; Thames, etc; H. E. Kenny; Gisborne, etc., J. Booth; New Plymouth, etc., W. Stuart; Hawera, etc., H. W. Brabant; Wanganui, etc., C. C. Kettle; Palmerston North, etc., R. L. Stanford; Wellington, etc., J. C. Martin; Wairarapa, etc., T. Hutchison; Napier, etc., A. Turnbull; Nelson, etc., H. W. Robinson, Wilson Heaps; Westport, Collingwood, etc., A. Greenfield; Blenheim, etc., J. Allen; Christchurch, etc., R. Beetham; Kaiapoi, etc., H. W. Bishop; Timaru, etc., C. A. Wray; Greymouth, etc., H. A. Stratford; Hokitika, etc., D. Macfarlane; Dunedin, etc., E. H. Carew; Oamaru, etc., J. Keddell; Milton, etc., R. S. Hawkins; Queenstown, etc., S. E. McCarthy; Naseby, S. M. Dalgleish; Invercargill, etc., J. W. Poynton; Chatham Islands, F. J. W. Gascoyne.
Clerks Of District And Magistrates' Courts.
New Plymouth, W. G. P. O'Callaghan; Hawera, A. Trimble; Wanganui, A. D. Thomson; Palmerston North, W. Matravers; Masterton, F. H. Ibbetson; Nelson, C. H. Webb-Bowen; Hokitika, C. A. Barton; Greymouth, B. Harper; Westport, E. C. Kelling: Reefton, H. Lucas; Timaru, T. Howley; Ashburton, J. R. Colyer; Oamaru, W. G. Filleul; Invercargill, W. Martin; Queenstown. H. N. Firth; Lawrence, H. J. Abel; Naseby, E. Rawson.
Receivers Of Gold Revenue, Mining Registrars, And Clerks Of Wardens' And Magistrates' Courts.
Thames, E, W. Porritt; Coromandel, T. M. Lawlor; Te Aroha, J. Jordan; Whangarei, B. Sheehan; Havelock and Cullensville (Marlborough), J. M. Hickson; Nelson, C. H. Webb-Bowen; Motueka, H. E. Gilbert; Collingwood, S. J, Dew; Westport, E. C. Kelling; Charleston, John Bird; Reefton, H. Lucas; Greymouth, B. Harper; Kumara, J. McEnnis; Hokitika, C. A. Barton; Naseby, etc., E. Rawson; Wyndham, D. Bogue; Clyde, Blacks, and Alexandra, F. T. D. Jeffrey; Cromwell, J. Fleming: Queenstown and Arrowtown—H. N. Firth; Lawrence, H. J. Abel; Riverton, A. M. Eyes.
Clerks Of Magistrates' Court.
Auckland, F. J, Burgess; Tauranga, J. Thomson; Gisborne, W. A. Barton; Hamilton, T. Kirk; Napier, A. S. B. Foster; Hastings, P. Skerrett; Marton, etc., F. M. Deighton; Wellington, W. P. James; Blenheim, J. B. Stoney; Christchurch, W. G. Walker; Lyttelton, W. Shanaghan; Kaiapoi, M. Lynskey; Dunedin, W. Somerville.
Justices Of The Peace.
At any place where a sitting of the Magistrate's Court has been appointed, two or more Justices of the Peace may hold a sitting, and may hear and determine charges of offences against the Police Offences Act, or actions for debt where the amount claimed does not exceed twenty pounds. Justices of the Peace are appointed by the Governor, and the office is a purely honorary one, and in the larger centres they are called upon frequently to perform the duties of Magistrates by rota.
Native Land Court.
From the earliest days of the settlement of the Colony, and since the Treaty of Waitangi was signed on the 29th of January, 1840, the Native Lands Department has been surrounded by complicated questions, involving the necessity of fresh legislation every year. The native title to land is itself a complicated one to begin with, and in the early dealings with the tribes the titles were often incomplete, and endless litigation and legislation has resulted. It would be impossible in a work of this nature to give even an outline of the various methods which have from time to time been attempted to validate native titles and do justice to both races, but as far as has been practicable, the State has endeavoured to preserve the rights of the native owners. All titles are now settled by the Native Land Court, which is presided over by the Chief Judge, who is also judge of the Validation Court and Registrar-General of Land. There are also nine judges, registrars, clerks, interpreters—31 in all, besides whom assessors and extra clerks, and travelling expenses and allowances, also the Validation Court, established in 1893 with a judge and two clerks; the total cost of administration being £16,681 per annum.
Mr. George B. Davy, Chief Judge of the Native Lands Court and Registrar-General of Lands, who is a son of the late Dr. Edward Davy, of Malmsbury, Victoria, has been a prominent public servant for over a quarter of a century. Born in 1836 in Devonshire, England, where he was also educated, Mr. Davy early became dissatisfied with life in the Old Land. Embarking on board page 140 the ship “Indian Empire,” he came out to New Zealand, arriving in Auckland in 1862. He entered the Government service in 1869 as Warden and Resident Magistrate at the Thames. Two years later Mr. Davy was appointed District Land Registrar at Auckland. In 1875, he became Registrar-General of Lands, succeeding Mr. Justice Williams in that office. After two years in the “City of the Plains,” he was transferred to Wellington, and on the retirement of Mr. H. G. Seth-Smith in 1893, became, in conjunction with other offices, Chief Judge of the Native Lands Court. He was for some time District Judge at Wellington until the abolition of that office in 1880. Mr. Davy was married in 1863 to Miss Liddell, daughter of the late Mr. Thomas Liddell, of Auckland, and his family numbers six: viz., five daughters and a son.
Mr. Alexander Mackay, Judge of the Native Land Court, was born in Edinburgh on the 11th of May, 1833. Leaving Scotland at the age of five years he was educated at Norfolk House Academy, Southsea. In 1845 the subject of this sketch accompanied his uncle, the late Mr. James Mackay to New Zealand, landing in Nelson. For the first nineteen years of his life in the Colony, Mr. A. Mackay was engaged in agricultural and pastoral pursuits. During this time, however, he had studied the Maori language, in which he became proficient. In August, 1864, he was appointed a Resident Magistrate under the Resident Magistrates' Court Act, 1858, and at the same time he became Commissioner of Native Reserves for the South Island. Subsequently Mr. Mackay was appointed Civil Commissioner for the South Island Native District. After filling these offices for some years he was transferred to Wellington in 1882, and received the appointment as Commissioner of Native Reserves for the Colony and Trust Commissioner under “The Native Land Frauds Prevention Act, 1881.” In addition to other duties Mr. Mackay has frequently held the position of Royal Commissioner for investigating Native and other matters. He also compiled a work for the Government in 1870 comprising two volumes on South Island Native Affairs, to which is attached an interesting introductory chapter divided under three heads; the first portion being devoted to the early history of the Colony of New Zealand from the date of its discovery up to the promulgation of the Constitution Act in 1853. It was intended by the Government that a new edition of the introductory part of the work should be prepared, and instructions were given in December, 1870 to that effect on a motion made in the Legislative Council, but press of work precluded the possibility of doing so. In May, 1884, Judge Mackay was raised to the Bench of the Native Land Court. He was married in May, 1863, to Miss H. S. Gibbs, daughter of Mr. William Gibbs, J.P. of Totaranui, Nelson, who was M.H.R. for Collingwood for many years. His family consists of two daughters and four sons. Judge Mackay's eldest daughter is married to Dr. Roberts of Nelson. The eldest son travels with his father and holds the position of Clerk to the Native Land Court.
Major David Scannell, Judge of the Native Land Court, has had a long military experience in various parts of the world. Born on the 17th of March, 1838, at Glenflesk, near the town of Killarney, County Kerry, Ireland, he enlisted as a soldier in 1854, and served during the Crimean War, in the Mediterranean, at Aden, and in India. Arriving at Taranaki with his regiment per ship “Star Queen,” early in 1861, he served in the Imperial Army under Generals Cameron and Chute, and was present at the engagements at Nukumaru and Kakaramea, and at the captures of Otapawa pa and Ketemarae pa. Mr. Scannell left the Army in July, 1866, and in the succeeding month joined the colonial expeditionary force under Colonel McDonnell, at Hawera, and took part in various actions till the Maoris sued for peace about the end of the same year. He afterwards remained in garrison till the establishment of the Armed Constabulary, which he joined in November, 1867, being the first man to be enrolled. The subject of this sketch had been promoted to the position of District Sergeant-Major, and retained that rank under the new establishment. In the following year Sergeant-Major Scannell served in the campaign against Titokowaru, and was promoted to the rank of Sub-Inspector, having command of No. 2 division. In 1869 the gallant gentleman led his company to the Urewera Country in pursuit of the arch-rebel Te Kooti, and was present in several engagements, fortunately escaping personal injury. Soon afterwards Te Kooti's men dispersed, and Sub-Inspector Scannell and his division were appointed to Taupo. In July, 1870, he was promoted to the rank of Second-Class Inspector, and in December of the following year to that of First-Class and Major in the New Zealand Militia. Major Scannell was appointed Resident Magistrate of Taupo in July, 1872, and continued to hold this position, as well as military officer commanding the district, till May, 1876, when he was transferred to Tauranga. Two years later he was re-transferred to Taupo, where he remained till 1888. In December, 1885, Major Scannell became a Judge of the Native Land Court, his connection with the R.M. Court and the military ceasing on the abolition of the Armed Constabulary in 1888. He was married in July, 1873, to Miss Ruth, daughter of Mr. W. Northcroft, of New Plymouth.
Mr. Robert Ward, Judge of the Native Land Court, Wanganui District, comes of an old Norfolk family. His father, the late Rev. Robert Ward, was a missionary who came to New Zealand in the ship “Raymond,” arriving at New Plymouth in August, 1844. Judge Ward was born in the cathedral city of Norwich on the 6th of September, 1840. Six years after reaching the Colony the family removed to Auckland. Educated at the late Mr. John Gorrie's Grammar School and at Wesley College when the Rev. W. H. Fletcher was Principal, the subject of this sketch still enjoys pleasant recollections of that time. At the commencement of the native troubles on the West Coast about the end of 1859, the Rev. Mr. Ward having returned to Taranaki, leaving his son in Auckland, the latter became so anxious to be near his family that he secured a passage in the s s. “Airedale,” which carried some of the 65th and Colonel Gould and staff to New Plymouth. During the war Judge Ward lived in the Taranaki District, remaining till 1868 when he removed to Wellington and secured employment in the Native Office. Shortly afterwards he was removed to the Justice Department and was subsequently made Registrar of Marriages, etc., for the Rangitikei District. Not long after this Judge Ward received the appointment of Native Agent for the Rangitikei and Manawatu Districts, and took up his residence in Marton. In 1876 he was promoted to the position of Resident Magistrate for the same districts, and five years later the care of the Wanganui District was added to his duties. Judge Ward was then appointed Government Native Agent at Wanganui, and took up his quarters there. In May, 1886, he became a Judge in the Native Land Court, but contrived to perform his magisterial duties. Two years after he was appointed Resident Magistrate for Napier District, and held a monthly court at Woodville. Since early in 1889 Judge Ward has performed Native Land Court work exclusively in his district which extends from the Mokau to the Rangitikei Rivers. In March, 1863, he was married to Miss Eleanor Wakefield of New Plymouth, and has four sons and five daughters. Soon after locating in Marton, then called Tutaenui, Mr. and Mrs. Ward formed a very successful harmonic society. For page 141 six years Judge Ward acted as conductor, find many concerts were given.
Mr. William James Butler, Judge of the Native Lands Court, was born in 1848 in Mangonui, and Educated at the Auckland Grammar School, under the Rev. Dr. Kinder. After leaving school he qualified as a surveyor, but abandoned the profession and went into flax-dressing on a large scale for about three years. Subsequently he had two years' experience on the Thames goldfield. In 1878 Mr. Butler, who had acquired a knowledge of the Maori language, was appointed Government agent in the Wairarapa, but preferring the more exciting life of the Capital, he accepted a position as interpreter to the Native Office in Wellington. It was not long before he was offered the position of Private Secretary to the Native Minister, the Hon. J. Bryce. He retained this office for several years, acting successively under the Hon. W. Rolleston and the late Hon. J. Ballance. In 1885 Mr. Butler was appointed Land Purchase Officer at Wanganui, and while engaged on the West Coast, was successful in acquiring over a million acres for the Crown. In 1893 he was promoted to the important office of Judge of the Native Land Court, which he still holds.
Mr. Herbert Frank Edger, Judge of the Native Land Court is the only son of the late Rev. Samuel Edger, B.A. Born in 1854 at Kimbolton, Huntingdonshire, the subject of this notice accompanied his parents to the Colony in 1862 per ship “Matilda Wattenbach,” the first vessel conveying settlers to the Non-conformist settlement at Albertland, Auckland. He was educated chiefly under his father's roof, and till 1879 was in the country (Port Albert) engaged in farming pursuits. In the latter year Mr. Edger joined the Native Land Court Department as clerk, and soon rose to the position of senior clerk. During the time he was in Auckland as clerk he studied the law, and in 1889 was admitted a solicitor of the Supreme Court of New Zealand. On the retirement of Mr. Hammond in 1891 as Registrar, Mr. Edger was appointed to the vacant position, which he filled for two years. He was then transferred to Wellington, where he succeeded Mr. William Bridson as Registrar. In 1894 Mr. Edger was raised to the judgeship. He is an enthusiastic musician, and while in Auckland was prominent in the Auckland Choral Society, and for many years was secretary of the Orchestral Society. For three years Mr. Edger was organist and choirmaster of All Saints' Church, Ponsonby. Since coming to Wellington he has taken part in musical matters. His instrument is the violoncello. In 1885 Mr. Edger was married to Miss Langsford, daughter of Mr. C. Langsford, tailor, of Auckland.
Major Wm. Gilbert Mair, Judge of the Native Land Court is a son of the late Mr. Gilbert Mair, one of the earliest settlers of the Bay of Islands where he became a merchant, and was one of the first Justices of the Peace appointed by Governor Hobson. Born at Wahapu, Bay of Islands in November, 1832, and educated at the Waimate Mission School kept by the Rev. R. Taylor, and at St. John's College, Auckland, Major Mair afterwards followed farming pursuits at Whangarei, and subsequently spent several years at the Australian goldfields. Returning to his native land he entered the public service at the commencement of the Waikato War in 1863. Being a good Maori scholar, Major Mair was appointed interpreter to Colonel Nixon of the Colonial Defence Force (cavalry). He served throughout the Waikato, Tauranga, and East Coast campaigns, and in the expedition to the Uriwera Country, and was gazetted Major in the New Zealand Militia in 1866. Gudgeon in his “Defenders of New Zealand” says “Major Mair has been under fire upon more than thirty different occasions, and took an active part in the following engagements:— Paterangi, Rangiaohia, Haerini, Orakau, in the Waikato campaign; Te-Awa-a-te-Atau, Te Teko and Whakatene in the East Coast campaign; Waimana, Omarnteangi, Hukanui, Ruatahuna, and Tatahoata in the Uriwera campaign; yet he never received any special reward for his military services. In fact, it may be said that amongst the leading spirits of the war he and his brother Captain Gilbert Mair are the only officers who did not get a portion of the confiscated lands they had fought so hard to obtain for the Colony.” At the celebrated capture of Te-Teko Major Mair was in command. In 1864 he was appointed Resident Magistrate for Taupo District, and was subsequently transferred to Opotiki. Appointed as Government Agent and Resident Magistrate for Waikato in 1871 by Sir Donald McLean, he sought to cultivate the friendship of the king natives, then living in sullen isolation. In his negotiations with the Maori King, Major Mair was entirely successful. At Alexandra he met Tawhiao who laid down his gun and motioned to his followers, eighty in number to do the same, remarking “There should be no more trouble; it means peace.” This led to the king coming out of his retirement and visiting Auckland. Major Mair was appointed Judge of the Native Land Court in 1882, and held the first sitting of the court in the so-called King Country. Judge Mair was married in 1872 to Miss Janie Cathcart, daughter of Mr. Alexander Black of Queensland, and has one daughter and two sons.
Captain John Alexander Wilson, Judge of the Native Land Court, was born at Conde, department of Calvados, France, on the 21st of page 142 April, 1829. His father, the Rev. J. A. Wilson of the Church Missionary Society, arrived at Bay of Islands with his family per ship “Byron,” on the 13th of April, 1833. Educated at the Church Missionary School, Waimate, King's School, Paramatta, and St. John's College, Auckland, he declined the Church, for which he had been intended, and settled at Opotiki. With his brother (afterwards Captain C. J. Wilson) he was the first to raise stock and produce between Thorp's at Ohinemuri and the lower Wairarapa. In 1852 Mr. Wilson removed to East Tamaki, and while farming there took office in various public bodies, from the Provincial Council downwards. He joined Nixon's Cavalry Volunteers as a trooper, serving two years, and was then appointed Captain of the third Waikato Regiment, number two company of which he raised at his own expense. At the close of the war in Waikato Captain Wilson resigned, but was subsequently re-commissioned, being posted to the third Battery Auckland Militia. He joined the Civil Service in 1866, since which time he has entered and re-entered not less than seven times. He has administered confiscated lands as a Crown Agent, has raised, advised, and in some instances officered the Native Contingent, as general agent for the Northern Districts, has acted as Land Purchase Commissioner, acquiring large tracts of land on the East Coast, and as Royal Commissioner for Tauranga, where he settled the titles to a large part of that country. Appointed to the Bench in 1878, Judge Wilson has dealt with nearly two million acres of native land. He has written the “Story of Te Waharoa,” “Sketches of ancient Maori Life and History,” and other pamphlets. In Tauranga he is known as the father of the sulphur trade; he erected the first sulphuric acid works in the North Island, which are still working. Captain Wilson is brother to the late Major-General Wilson of the Imperial Army, who was the first European born in Tauranga. The subject of this notice was married to Miss Anne Lydia, daughter of the late Captain Digby Dent, R.N., and has six sons and five daughters, all of whom are settled in New Zealand, excepting two— a son and daughter, who are missionaries on the Niger. Judge Wilson's eldest son, Mr. J. A. Wilson, junior, C.E., is the Government Resident Engineer at Wellington.
W. E. Gudgeon, L. O'Brien, H. W. Brabant (see “Legal,” Wanganui).
Mr. Henry Dunbar Johnson, is Registrar of the Native Land Court for the Wellington District, which includes the whole Colony south of New Plymouth on the West Coast and of Hawkes Bay on the East Coast. Born on the 23rd of December, 1844, in London, and educated at various private schools in Greenwich, Jersey, Wolverhampton, and London, he entered the office of Messrs. Robert Roxburgh and Co., Marine Insurance Brokers, of 6 Austin Friars, E.C., and Lloyds, and was afterwards employed by a cousin in the bookselling, stationery, and printing business at Wolverhampton. Mr. Johnson arrived in Auckland per ship “Devonshire,” on the 7th of February, 1863 (being the memorable day on which H.M.S. “Orpheus” was wrecked on the Manukau bar), and has had a varied experience in the Colony. Immediately after arrival he went to Coromandel, where he was engaged in storekeeping, mining, and battery work and was one of thirty left on the Driving Creek during the Maori troubles. In September, 1864, Mr. Johnson removed to Auckland, under engagement as town traveller to Mr. Wilkie, aerated water manufacturer. In February, 1866, he joined Mr. Edward Wood as local partner in starting a store at Ohinemuri, and was the first white resident on the block which is now the site of the flourishing township of Paeroa. Here he passed through exciting times, as there was then a very large native population, consisting principally of Waikato and East Coast rebel refugees. On one occassion he was counselled to bury his money for safe custody, which he did, the spot being now part of the main road. From 1869 to 1871 Mr. Johnson had a further goldfields experience on the Thames, after which he returned to Paeroa, where he entered into partnership with Mr. Peter Austin for a time in the old original store. He obtained his first license as a native interpreter in April, 1872. On the opening of the Ohinemuri goldfield on the 3rd of March, 1875, Mr. Johnson was one of the party who pegged out the Golden Knob claim at Karangahake (now part of the celebrated Woodstock Mine), of which he had been the first prospector. He subsequently started a bookselling and stationery business in Paeroa, with which he combined an agency for Mr. G. Denby, chemist and druggist, of the Thames. For a number of years, Mr. Johnson acted as “Own Correspondent” in the Ohinemuri district for Thames and Auckland papers, and was specially engaged by the New Zealand Herald to assist Mr. Berry (the editor), in reporting the great meeting between Sir George Grey and Tawhiao at Te Kopua, near Alexandra, Waikato. As the result of that engagement in June, 1879, he joined the Civil Service as clerk and interpreter in the Native Office, Wellington. In January, 1885, he was transferred to Rotorua as Government agent for the thermal springs district, and chairman of the Rotorua Town Board. Here he had charge of the Sanatorium and of native affairs generally. Mr. Johnson was successful in completely reorganising the Sanatorium, and putting it into a proper workable condition, for which he received the thanks of the late Hon. J. Ballance. While holding this position the Tarawera eruption occurred, and the subject of this notice was the third man to arrive at Wairoa on the fateful morning of the 10th of June, 1886, where he assisted in the rescue of Mrs. Haszard. In 1888 he was one of the victims of the great retrenchments, and page 143 retired to his property at Te Aroha, After being occasionally employed from time to time at sittings of the Native Land Court, in January, 1892, he again received a permanent appointment in the Civil Service as clerk and interpreter for the Waikato district, and in March, 1894, succeeded Mr. H. F. Edger as Registrar, on the elevation of the latter to a judgeship. Mr. Johnson married in 1868, and has one son and three daughters, the eldest of the latter being Mrs. W. Moon, junr., of Waihou. In educational matters Mr. Johnson has long taken a lively interest, having been secretary and member of the school committee in Ohinemuri, and chairman of the Newtown (Wellington) and of the Rotorua committees. He is also a member of the Auckland Institute and of the Polynesian Society, of the latter of which he was one of the founders, and is now a member of its council. He is also a Justice of the Peace for the Colony, having been first appointed in 1885.
J. W. Browne, Auckland; J. Brooking, Gisborne.
Commissioners Of Native Land Court.
R. S. Bush, J. Booth, A. Turnbull, J. S. Clendon, T. Jackson, C. C. Kettle, J. M. Roberts, W. Stuart, H. W. Bishop, E. H. Carew, F. J. W. Gascoyne, H. E. Kenny.
Government Native Agent, Otorohanga — G. T. Wilkinson.
Judge — G. E. Barton.
Registrar and Clerk — R. C. Sim.
Auckland, T. M. Philson, E. Baker; Akaroa, G. H. Saxton; Collingwood, E. Davidson; Coromandel, A. R. H. Swindley; Foxton, E. S. Thynne; Hamilton, W. N. Searancke; Hawera, C. E. Major; Hokitika, R. W. Wade; Mahurangi, M. Angrove; Marton, A. Simpson; Nelson, O. Curtis, W. Gibbs, and L. G. Boor; Ohinemuri, J. N. E. Kenny; Opotiki, S. Bates; Otahuhu, S. Luke; Otaki, W. H. Simcox; Palmerston North, J. Linton; Port Albert, J. Shepherd; Pahi, W. W. Ariell; Queenstown, L. Hotop; Raglan, W. H. Wallis; Southbridge, R. B. Willis; Tauranga, A. C. H. Tovey; Te Awamutu, T. Gresham; Te Kopuru, T. Webb; Thames, C. Haselden, A. Bruce; Waimate, E. M. Williams; Waipawa, S. Johnson; Wellington, J. Ashcroft; Whangarei, J. Bell; Woodville, E. J. Gothard.
The Judges, Registrars, and Sheriffs of the Supreme Court, District Court Judges, Crown Solicitors, Crown Prosecutors, Stipendiary Magistrates, and clerks and other officers of the Magistrates' Courts will be referred to in the pages of the Cyclopedia under the heading “Legal,” under the towns in which they reside.
The prisons, like the police, were under the control of the Provinces until abolition took effect. The inconvenience of the system led to a Royal Commission being set up in 1867 consisting of Judges Johnston and Richmond and two members of the Legislature, and they visited and reported on all the gaols in the Colony, making numerous recommendations, most of which have since been carried into effect. In those days long-sentenced criminals, runaway sailors, persons awaiting trial, and short-sentenced police court offenders were all kept in the same gaol and subject to the same conditions. The treatment of prisoners varied considerably in the various provinces. The Commissioners reported that in some instances the quantity of food was inadequate, in others the criminals had considerable latitude. In Lyttelton and Nelson gaols each prisoner was allowed two sticks of tobacco a week. In Wellington, first-class prisoners only were permitted to smoke; while in Dunedin and Auckland smoking was strictly prohibited. On the Abolition of Provinces the smaller gaols were done away with or used for short-sentence cases only. In 1880 Captain Hume formerly of the 19th Highlanders, who had considerable experience of the modern system of prison management in England was engaged as Inspector of Prisons in the Colony, and under him all the gaols have been brought under a uniform system of discipline, which, while it is strict, is by no means harsh. The routine work of each gaol commences at 5.30 in summer and 6.30 in winter, and each prisoner has to wash and dress himself, make up his hammock and sweep out his cell. The prisoners are then mustered and each has his breakfast served in his cell. Half-an-hour later they are mustered again, searched and marched to work and have an hour for dinner, returning at 5, when they are again searched and bathe in turns. Another search and they are locked up at 5.30., make up their beds at 7.30, and lights are put out and strict silence ordered at 8 p.m. The gaols are frequently visited by the Visiting Justices who hear complaints, and in cases where prisoners commit breaches of page 144 the rules, inflict punishment which rarely exceeds a few days on bread and water or the cancellation of a number of good marks. There are two gaols in Wellington City—the Terrace Gaol at the western end of the city, and the Mount Cook Gaol on one of the most favoured situations in Wellington, on which has been erected by prison labour a penitentiary designed upon the most modern principles, but which has given considerable umbrage to the majority of the citizens who hold that so noble a site is desecrated by being used for a penitentiary, and it is more than probable that it will, at some future date be utilized for some purpose more worthy of its commanding situation. The average number of prisoners in the Colony is 500; and in Wellington about 120, the cost of maintenance averaging about £52 each per annum or deducting the value of their work, £37 2s. 6d. In Wellington the cost is lower than the average, being £34 6s. per head. The work done by the prisoners is making bricks and drain pipes, working at the fortifications and occasionally at road work. There are nineteen gaols in various parts of the Colony, and the total number of gaolers, warders, matrons, etc. is 125, and the total annual cost of the prisons officials, rations, prisoners' clothing, bedding, tools etc. is about £28,500.
Mr. Thomas Edward Richardson, Clerk of the Prisons Department, was born near Sunderland, Durham, England. Mr. Richardson came out to New Zealand per s.s. “Durham” about 1880, and, joining the Prison Department about the end of 1886, has filled the position to the present time.
Auckland, G. S. Reston; Dunedin, S. C. Phillips; Hokitika, B. L. O'Brien; Invercargill, J. H. Bratby; Lyttelton, M. M. Cleary; Napier, F. E. Severne; New Plymouth, E. Rickerby; Wanganui, R. T. N. Beasley; Wellington, P. S, Garvey; Nelson, T. B. Pointon.