H.—No. 6

The Petitioner is John Martin, of the City of Wellington. The Petitioner states that iv the year 1869 he agreed to become surety for Mr. Ben Smith, of Wellington, in case his tender of j£13,615 for building the Government House was accepted. That subsequently the Colonial Architect made alterations iv the works reducing the estimated cost of construction to £10,583, and that Mr. Smith, relying on the estimate of the Colonial Architect, entered into a contract to complete the Government House for the sum of .€10,583. That on the Bth day of April, 1869, the Petitioner entered into a bond as surety for the due performance of the contract, having been informed by the Colonial Architect that the contract price of £10,583 would leave a fair margin of profit to contractor. That the contractor, Mr. Smith, during the progress of the works, became bankrupt, and was therefore unable to carry on the works, and the Colonial Architect told Petitioner that he would permit him to carry on the works in order that he might be saved from loss, as the works could be completed for the contract given. That, relying on such statement, Petitioner completed the works to the satisfaction of the Colonial Architect, and believed himself to be in the position of a person employed by the Government to carry on the works, as the contractor had failed to do so. That the Petitioner has paid £7,275 Bs. sd. for completing the work, in excess of what he has received from the Government, which excess the Government refuse to pay. The Petitioner then offered that the case be submitted to arbitration, or that the Government should name a defendant on whom process might be served, so that the Petitioner would have the opportunity of obtaining redress in the Supreme Court, but the Government declined to assent to either of those proposals. That in consequence of the course adopted by the Government, and the absence of any competent tribunal to entertain Petitioner's claim, lie is entirely without redress, and is therefore compelled to petition the House, and prays that the House will take his case into consideration, in order that he may obtain redress of the grievances of which he complains. The Committee having examined the Petitioner, the Colonial Architect, and the AttorneyGeneral, have, after due deliberation, directed me to report as follows : — That the Committee arc of opinion, from the evidence adduced, that Mr. Martin has no claim against the Government, but desire to record their opinion that there is no reason why the Government should not consent to be sued by Mr. Martin in the Supreme Court, if he thinks fit. The Committee especially recommend that the Government should not consent to refer the case to arbitration. Public Petitions Committee, Thomas Kelly, 4th October, 1871. Chairman.

REPORT OF THE SELECT COMMITTEE ON THE PETITION OF JOHN MARTIN.