D.—No. 32,
4
APPOINTMENT OE THE ATTORNEY-GENERAL.
No. 4. Waekant of Appointment of Attoeney-Geneeal. G. Geey, Governor. Victoeia, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith : To James Peendeegast, Barrister at Law of the Supremo Court of New Zealand, Esquire: Greeting. Wiieeeas by an Act of the General Assembly of New Zealand intituled " The Attorney-General's Act, 1866," it is provided that it shall be lawful for tho Governor, in the name and on behalf of Her Majesty, from time to time to appoint, by commission under the Seal of the Colony, a fit and proper person, being a Barrister of the Supreme Court of New Zealand, to be Her Majesty's Attorney-General in and for the Colony : Now know you that I, Sir George Grey, the Governor of the said Colony, reposing especial trust in the integrity, prudence, and ability of you, the said James Pendergast, do, in pursuance of the power and authority in me vested by the said Act, hereby, in the name and on behalf of Her Majesty, appoint you, the said James Prendergast, to be Her Majesty's Attorney-General in and for the Colony of New Zealand: To have, hold, exercise, and enjoy the said office and place to you the said James Pendergast, during good behaviour, together with all and singular the rights, privileges, powers, authorities, rank, and precedence whatsoever, to the said office and place belonging or in anywise appertaining. In testimony whereof, we have caused these our letters to be made patent, and the Seal of our said Colony to bo hereunto affixed. Witness our trusty and well-beloved Sir George Grey, Knight Commander of the Most Honorable Order of the Bath, our Governor and Commander-in-Chief in and over our Colony of New Zealand and its Dependencies ; and issued at Wellington, in New Zealand aforesaid, on the twenty-fifth day of March, in the year of our Lord one thousand eight hundred and sixty-seven, in the thirtieth year of our reign. E. W. Staffoed.
No. 5. The Hon. the Colonial Seceetaey to the Hon. James Pendebgast. Colonial Secretary's Office, (Judicial Branch,) Sic, — Wellington, 3rd January, 1867. Eefcrring to your appointment as Attorney-General, I have the honor to state that the Government accedes to the proposals contained in your Memorandum on my letter of 22nd December last, and 3 rour private note to the Hon. Major Eichardson, and that the sum of £100 will be allowed for the expenses of your removal from Dunedin to Wellington. I have to request that you will come to Wellington as soon as possible. I have, &c, The Hon. James Prendergast, Dunedin. E. W. Staffoed.
No. 6. Tho Hon. W. Fox to James Peendeegast, Flsq. My deak Me. Peendeegast,— Government Offices, Wellington, 30th May, 1870. The terms of the arrangement on which you accepted the office of Attorney-General from the late Government have come incidentally under discussion, and it is thought right that the conclusion arrived at should bo communicated to you. The late Government seems to have exceeded its power in attempting to bind a future Government in reference to an appointment not vacant. But looking at the case apart from any pledge to which the late Government may have committed itself, the present Government will be prepared to offer to you the first puisne judgeship which may fall vacant during your, tenancy of the non-political office of Attorney-General, and their own tenure of office as a Ministry. In case of the Chief Justiceship falling vacant, the Government would hold itself free from all previous pledges. I have, &c, J. Prendergast, Esq., Attorney-General. William Fox, Premier.
No. 7. James Peendeegast, Esq., to the Hon. W. Fox. My deae Me. Fox,— Wellington, 30th May, 1870. I have to thank you for your communication relative to my claims to promotion to the Bench. I have, &c, The Hon. W. Fox. J. Peendeegast.
Extract from a Letter from the Attorney-General to the Hon. the Colonial Secretary. " I think it should be noted and explained by a note on the correspondence laid before the House, that, notwithstanding anything that appears in the correspondence and memoranda, the AttorneyGeneral does not and has never received any fee for work done as Solicitor in his office; that work is done in the office, but without cost to Government. " The Attorney-General receives Counsel's fees in cases in which he appears for the Crown. Fees have been claimed and paid only in two cases since I have held office, namely, the prosecution at Hokitika for sedition, and those at Wellington for treason. The correspondence would lead one to suppose that a different state of things existed." 28th June, 1870. " J. Peendeegast."
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