STEWART, WILLIAM DOWNIE (1842-98) was born at Blair Drummond, near Stirling, Scotland. He began the study of law in Stirling and sailed for New Zealand in 1862. On arriving in Dunedin he entered the office of Richmond and Gillies. About two years later he was articled to (Sir) James Prendergast (q.v.). On 12 Jun 1867 he was admitted to the bar and began practice on his own account. Among those associated with him in partnership were Joyce (later M.P. for Lyttelton), J. E. Denniston (later a judge), Allan Holmes (who helped to draw the Supreme Court code of procedure) and C. J. Payne. Robert Stout was an articled clerk in Stewart's office and W. C. Macgregor was also trained there.

In 1879 Stewart was elected to the House of Representatives for Dunedin, and on the request of Stout, Grey offered him the attorney-generalship (which he declined). On the defeat of the Grey administration he was returned a second time in the same year. At the election of 1881 he was defeated by eight votes for Dunedin West by Dick, whom he defeated in 1884 and again in 1887. In 1890 he retired, and in 1891 was called to the Legislative Council, this being the last life appointment.

Stewart was keenly interested in law reform, and twice visited the United States and Canada to study legal procedure. His lecture on English and American Law was published in the United States. Most of the reforms he advocated have become law. He proposed a code of procedure; that costs of an action should be fixed by scale; that prisoners should be allowed to give evidence on their own behalf; that a poor prisoner should have counsel paid by the State; that confessions to clergymen and communications to physicians should be privileged; the abolition of primogeniture; the fusion of law and equity and other reforms. In 1879 he brought in a bill to enable a woman to whom unchastity was imputed to sue for slander without proof of special damage. This did not become law till 1897. In 1885 he carried the evidence amendment act, by which the courts could take judicial notice of laws of foreign countries and an action for seduction could be brought without proof of loss of service. In 1879 he carried a law by which deeds could be proved in the magistrate's court without calling the attesting witness and in 1884 a law making the publication in a newspaper of a false notice of birth, death or marriage punishable by fine or imprisonment; in 1885 an amendment by which acknowledgment of deeds by married women was abolished and a bill by which executors and administrators may resign or be removed; and in 1890 he carried to a second reading a bill to settle labour disputes by voluntary arbitration. He was an early supporter of women's franchise, protection and Bible-reading in schools.

Stewart helped to found the Patients and Prisoners' Aid society in 1877. He was a director of the Colonial Bank, the Mosgiel Woollen Co., the Perpetual Trustees and other companies.

He married first (1868) Rachel (d. 1878), daughter of George Hepburn (q.v.), and second (1881) Mary, daughter of John Thomson, provost of Irvine, Ayrshire. He died on 25 Nov 1898.

A son, WILLIAM DOWNIE STEWART (1878-), was educated at the Otago Boys' High School and Otago University, where he graduated LL.B. in 1900. He was Mayor of Dunedin (1913-14), M.P. for Dunedin West (1914-35) and Minister of Internal Affairs (1921-23), of Customs (1921-28), of Finance (1926-28) and Attorney-general (1926); and was acting Prime Minister (1926).

Cycl. NZ., iv (p); Ross; W. D. Stewart; Otago Daily Times, 26 Nov 1898. Portrait: Parliament House.

Reference: Volume 2, page 171

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