WELLINGTON AND HAWKE’S BAY DEBT APPORTIONMENT BILL.

Hawke's Bay Times, Volume I, Issue 11, 12 September 1861, Page 2

WELLINGTON AND HAWKE’S BAY DEBT APPORTIONMENT BILL.

A Bill to appropriate the public debts of the former Province of Wellington between the Provinces of Wellington and Hawke's Bay. certain Public Debts or Loans Tver© charged upon the Provincial Revenues of the Province of Wellington, or were lawfully incurred by the Provincial Government of the said Province, during the time such Province comprised the whole of the territory now constituting the several Provinces of Wellington and Hawke’s Bay : And whereas the division of the said territory, and the erection of a portion thereof into the separate Province of Hawke’s Bay, have rendered it necessary that the said Public Debts should be apportioned between the two Provinces: And whereas it is expedient that the said apportionment should be made by Arbitration as hereinafter provided ; Be-it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same as follows : I. The Short Title of this Act shall be “The Wellington and Hawke’s Bay Public Debt Apportionment Act, 1861.” 11. \V ithin 120 days after the passing of this Act, the Superintendent of each of the Provinces of Wellington and Hawke’s Bay, shall by writing under his hand, delivered or forwarded by the Post to the Colonial Secretary, appoint an Arbitrator willing to act, and in default of such appointment being made by either of the said Superintendents, the Governor of the Colony in lieu of the Superintendent so making default shall appoint an Arbitrator, or if both such Superintendent’s shall make default, then the Governor shall appoint two Arbitrators. 111. The Arbitrators shall appoint an Umpire . by writing under their hands, before they enter on < the arbitration ; and if they shall fail to do so, the Governor shall by writing under his hand appoint an Umpire. IV. It is by this Act referred to the said Arbitrators by their award to appropx-iate between the said Provinces of Wellington and Hawke’s Bay, the Principal of such Public Debts or Loans as they shall determine were lawfully incurred by the said Province of Wellington on, or prior to, the 31st October, 1858. V. If the said Arbitrators shall not make and deliver or forward their award as hereinafter provided, within eight months after the passing of this Act, the matter hereinbefore referred to them shall be determined by the said Umpire alone, who shall make and deliver or forward his award or umpirage in writing within twelve mouths after the passing of this Act. VI. The Umpire may take his award of umpirage upon hearing the Arbitrators, without rehearing any evidence taken by the Arbitrators: Provided that in his judgment the notes of evidence taken by the Arbitrators, or their statement of facts, be sufficient to enable him to do so. VII. In the determination of the matters hereinbefore referred to them, the Arbitrators or empires shall be guided by equity and good conscience, upon consideration of all the circumstances which shall come or be laid before them. VIII. The award of the Arbitrators or Umpire (as the case may be) shall be final and conclusive, and shall be delivered or forwarded by the Post to the Governor, and shall be deposited and kept as a record in the office of the Colonial Secretary. IX. Evidence may be given on oath before the Arbitrators or Umpire, and they or he may administer oaths to Witnesses. X. The Arbitrators and Umpire may issue summonses to Witnesses to attend, either with or without a clause requiring the production of books, deeds, papers, and writings in their possession or' under their control. ** XI. Every person who shall have been personally served with any such summons, and who shall without sufficient cause refuse to appear, or to produce any books, deeds, papers, and writings required by such summons to be produced, and also every person present before such Arbitrators or Umpire who shall be required to give evidence and who shall refuse to be sworn and give evidence, shall forfeit and pay any sum not exceeding Fifty Pounds, as the Arbitrators or Umpire respectively shall determine. XII. The payment of any fine so imposed may be enforced upon the order of the Arbitrators or Umpire respectively, in like manner as the payment of money is enforced upon an order of the Justice of the Peace. XIII. It shall be lawful for the Arbitrators and Umpire respectively, by an order in writing, to allow any witness his reasonable expenses, and upon production of such order the amount therein fixed shall be paid by the Colonial Treasurer, XIV. All necessary expenses incurred in and about the Arbitration, Umpirage, and Award shall be paid by the Colonial Treasurer, and onehalf thereof charged to the separate account of the

Province of VVellington, and the other half to the separate account of the Province of Hawke’s Bay, and shall be recovered accordingly. XV. The apportionment of the said Public Debts under this Act shall take effect as on and from the first day of November, 1858 ; and the respective contributions of the said two Provinces to the Principal and Interest of the- said debts shall as on and from that day be deemed to have been charged upon and be payable out of the Provincial Kevenue of each Province in the proportions determined by the Award. XVI. All interest chargeable under this Act against the Province of Hawke’s Bay, shall be paid by the Colonial Treasurer, on account of the said Province, into the Provincial Treasury of the Province of Wellington, half-yearly ; and, such payments being duly made, the Province of Hawke’s Bay shall be indemnified by the Province of Wellington against all further liability on account of the interests of the said debts, for the period in respect of which such payments respectively shall have been made. ■ XvTI. The payments so made by the Colonial Treasurer on account of the Province of Hawke’s Bay shall be charged by him to the separate account of the said Province, and it shall be lawful for the Colonial Treasurer, out of any money in his hands payable into the treasury of the said Province, from time to time to retain and provide a sufficient and reasonable amount to enable him to meet such payments as and when the same become due ; or having made such payments, to recover and repay the same out of any such moneys as aforesaid thereafter coming to his hands. XVIII. Nothing in this Act contained shall be deemed or construed to affect or interfere with the operation of “The New Zealand Loan Act, 1856.” XIX. The apportionment of the debt when determined as hereinbefore provided for, between the said Provinces of Wellington and Hawke’s Bay, shall in no way affect or interfere with the security for the said debt created by the Ordinance of the Superintendent and Provincial Council of Wellington Sess. ~ No. , but the said security shall have the same force and effect as regards the holders of debentures issued under the authority of the said ordinance, as if the Province of Hawke’s Bay had continued to form a portion of the said Province of Wellington, and the “New Provinces Act, 1858,” and this Act had not been passed. XX. An additional clause providing that the sum of £54,000, set apart for land purchases in the Province of Wellington, shall he equally apportioned between the two provinces.