REPORT OF THE SELECT COMMITTEE OF GENERAL ELECTIONS ON THE PETITION OF WILLIAM SEFTON MOOREHOUSE, ESQ.,

Appendix to the Journals of the House of Representatives, 1858 Session I, F-02

F—No. 2

REPORT OF THE SELECT COMMITTEE OF GENERAL ELECTIONS ON THE PETITION OF WILLIAM SEFTON MOOREHOUSE, ESQ.,

Report brought up 2ith June, 1858, and ordered to be printed, icilh Minutes of Evidence.

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ORDER OF REFERENCE. On motion oi Mr. Ollivier, seconded by the Hon. Mr. Stafford, Resolved : —That as it is a matter affecting the privileges of this House, the Petition of W. S. Moorhouse, Esq., be referred to the General Elections Committee, with power to call for persons and papers ; to report to the House with all convenient speed. Such Committee consisting of—Messrs. Henderson, Hall, Graham, Ollivier, East and Merrim.au REPORT. The Committee on Election Petitions to whom the Petition of William Sefton Moorhouse, Esq., has been this day referred, beg leave to report as follows : — Your Committee, in accordance with what they understand to be the task entrusted to them have taken the best evidence -within their reach as to the result of the recent election at Akaroa ; and they beg to report the evidence so taken to the House. John Hall, Chairman. Committee Room, House of Representatives, 24th June, 1858. PETITION. To the Honourable the Speaker of the House of Representatives in Session assembled. The Petition of William Sefton Moorhouse, of Christchurch, in the Province of Canterbury, Esquire, Skeioeth — 1. That your Petitioner was a Candidate for a seat in the House of Representatives of New Zealand, vacant by the resignation of John Cuff, Esq., late member for Akaroa, in the Province of Canterbury. 2. That your Petitioner was, in accordance with the provisions of the Constitution Act, duly proposed and seconded, and being the only Candidate, was declared by John Watson, Esq., the Returning Officer of the Akaroa district, to be duly elected. 3. That your Petitioner thereupon used all diligence in proceeding to Auckland, in order to take his seat in the House of Representatives. 4. That since his arrival in Auckland, your Petitioner learned that the Writ certifying his return has not yet arrived. Your Petitioner therefore prays— -That he may be heard forthwith at the Bar of your Honourable House, in support of his claim to immediate enjoyment of the privilege of Membership. And your Petitioner, as in duty bound, will ever pray, &c. W. S. Moorhousi. MINUTES OF EVIDENCE. Evidence taken by the General Elections Committee, Thursday, 24th June, 1858. Mr. Moorhouse called in and examined : — By the Chairman : — (1.) Are you the Petitioner in this case ?—I am. (2.) Can you from personal knowledge speak as to the first allegation in your Petition ?—I can, I was not present at the Nomination, but I believe I was elected. (3.) Do you know whether any other Address to the Electors of Akaroa was published ?— I do not.

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(4.) Did you hear of any other person being proposed as a Candidate ?—I did not. The Election was to have taken place on the 31st of May, and in the event of a poll being demanded it was to take place on the following day. (5.) When did you leave Canterbury ?—I left Canterbury on the 10th of June. There had been frequent communication with Akaroa in the mean time. I myself had received several letters announcing that I had been elected without opposition, and the common rumour was to the same effect. The Provincial newspapers contained similar statements. (C.) Have you any of the newspapers with you ?—I have not. (7.") Did you receive any communication from the Returning Officer ?—I received a communication from the Principal Eeturning Officer of the Province of Canterbury, Mr. Charles Bowen, to the effect that I had been elected, and that in accordance with my previous request he intended sending the writ by me. I understood it was to be given to mo personally, but it was not. (8.) By what vessel did you leave Canterbury?—By the "Henry," on the 10th of June, and arrived in Wellington on Sunday, the 13th June. The " Henry" left Wellington for Nelson, Taranaki, and the Mantik.au, on the 17th. I left Wellington by the "White Swan," on the 19th, and arrived in Auckland on the 22nd. Concerning the non-arrival of the Writ I know nothing but what I have heard at the Colonial Secretary's Office. W. S. Moor.noTJSK. The Honourable E. W. Stafford, Colonial Secretary, being - present, was examined as follows :—. By the Chairman : — (1.) Can you give the Committee any information respecting the Writ for the district of Akaroa ?—I know the Writ for the district of Akaroa has been received at Canterbury, because it was sent in the same cover with the Writ for the town of Lyttelton, which has been returned to me as duly executed. (2.) Are the Writs in the ordinary course of business returned to your office ? They are ; and I then forward them to the Governor. (3.) Has the Writ for Akaroa been returned ?—lt has not, nor have I had any intimation in respect to it. Mr, Crosbie Ward, Member for Lyttelton, called in and examined :— (1.) You are Member of the House of Representatives for the town of Lyttelton ? I »m. I can state that an address to the Electors of Akaroa was handed by Mr. Moorhouse to me for publication in the Lyttelton Times newspaper, of which I am one of the proprietors. (2.) Was the Address published ?---It was. (3,) Was any other address published ?—No other Address was published in the Lyttelton Times, nor in any other paper in the Province. I can say so confidently. I received fi'om the Agent of the Lyttelton Times, at Akaroa, a written statement to the effect that there ' being no other Candidate, Mr. Moorhouse was declared electf d without opposition. The Election was stated by him in such communication to have been on the 31 st of i? ay, the day appointed for the purpose. This communication was published in the Lyttelton Time's, and up to the tima of my departure was never contradicted. (4.) Can you furnish any other information on the subject ?—ln addition to the above I have been verbally informed by Mr. Warckerle, of Akaroa, that he seconded Mr, Moorhouse'a nomination, and that Mr. Moorhouse was declared elected without opposition. By Mr. Ollivier :— (5.) What is the general length of time occupied in the transmission of the mail between Akaroa and Lyttelton ?—One day; we have invariably a weekly transmission of mails, and also frequent communication independent of that, (6.) Are you personally acquainted with the Principal Eeturning Officer at Canterbury ?—I aro (7.) Were you informed by him whether the Writ had been returned from Akaroa ?—Five days after the Election I was informed by the Principal Returning Officer that the Writ had not been received by him from the Returning Officer at Akaroa ; and he then expressed it as his belief that it was the duty of Officer at Akaroa to transmit the Writ through him to Auckland. Two days after that conversation, the regular mail arrived from Akaroa ; and up to the time of my departure from Canterbury the rumour of Mr: Moorhouse's Election had not been contradicted. (8.) Did you come with Mr. Moorhouse from Canterbury ?—I came with Mr. Moorhouse from Canterbury, and I know that the mail sent from Lyttelton in the " Henry," went on in that vessel to Nelson and Auckland. Crosbib Ward.