Local Intelligence.

Lyttelton Times, Volume VI, Issue 358, 9 April 1856, Page 7

Local Intelligence.

We liave been requested lo publish the following; correspondence: — Chiistchmeb, 2Si.li March, i8.")5. Sir, — By direction of His H"iior ihe Snpeii:.temlent, acting i>;i (lie inlvice <-f the Ext'cnti* c Council, I have the ln>ii"r to enolosi? the Provincial Solicitor's opinion on the ;i]i;<oiiitme>;; of the Chief Commissioner in the Waste l.ainU Board to he eoiistiiuU'd uiu'Ut the new La ml ltopfulalions of this Province. I am to observe thai ihe urgency of the case, seeing that these Liegnhuions hpcmiiL' law on Tuesday next, requires that the appointnuMit o!' Chief Cotninis.sioner he innneiiiatt-Sy made ami "nZftted by the Superintendent. lteferrinir to llie 01-j cti>in> personaJly tN'iiininnieated hy you tliis niornin<>' to uifinlifrs nf the Executive Cou.ici), which yon eon-idcr piecludeyon from aecep'infr this appointment uiulcr the Provincial (ii)venuncnt while litildi^u tlso (ii)vcninv's connnission as a member of the Board, lain requested lo hr£ ironi \on, as early as poasilde, an answer to the questions:— Ist. Whether alter remlinjj ilie lf»al njiinion of Mr. Gresson, you still decline to accept the appointment. 2nd. Whether if you so decline you will accept such appointment piuvisioiKilly.

I am to urge upon yon, the importance to the whole population of this Province, of having the Waste Lands' Board legally Constituted, and the general embarrassment which will be caused should the appointment not be filled by soir.« one member of the Board, on the Ist April. J am requested to W<j for an. answer by-tii« hearer, or that you will meet the ExecutiveCouncil, at 4 o'clock, at the Provincial Secretary's office. I have the honor to be, Sir, Your obedient humble servant, John Henry Taxcrkd, President of Executive Council. To W. G. Brittan, Esq., ike, &c, &c.

PROVINCIAL SOLICITOR'S OPINION. " I am of opinion lliat the Waste Laiuis Refilliitions require that the appointment of the Oliiel Commissioner of the Waste Lands" Board should be made l>y warrant, miller ihe band of t!ie Superintendent, with the advice of his Executive Council, and that without .such appointment, the Board cannot be properly constituted, and that tiie titles of lands purchased under a Board defectively constituted, might lie seriously compromised. It may he unnecessary to add, that in my opinion the Governor has no power toappoint the Chief Commissioner." H. B. Gbksson, Prnv. Solicitor. 28th March, 1850.

Crown Lands' Office, Christchurch, March 29, 1556. Slit, —I beg to acknowledge the receipt (if your letrer of yesterday's date, enclosing ;| copy of the Provincial Solicitor's opinion on the appointment of the Chief Commissioner in the Wasis Lands' 80.-ird to he constituted under the New Land Regulations of this Province, and requesting.an answer from me to the folowinsr questions. Ist. Whether afie~ reading the le^nl opinion of Mr. Greason, 1 still decline to accept the appointment. 2nd. Whe:her if I so decline I will accept such appointment piovisionally. In reply I have the honor to inform yon. Is!. Thai if the Provincial Solicitor's opinion he correct (of which however I may he'"'allowed 't" entertain a question) I do not consider that it is in my power to accept the appointment. 1 cannot see how I could (consistently with my duty) holding1 as I do the Governoi's Commission to act as Treasurer and member of the B'-aid, also accept a seat at the same Board by appointment nf the Superintendent, responsihle to the local Government, and vemoveahle at the Superintendent's pleasure. 2nd. For similar reasons I do not see how I could accept the appointment provisionally. If, a> the Provincial Solicitor seems to think. " tl'e Governor hss no power to appoint the Chief Commissioner"' I do not think it is possible for me to hold the two offices concurrently. The provisional acceptance of the appointment would of i eeessity inrolve the discharge of the duties of the office for at least a month before I could receive an ansver from the General Government, and would thus place me in a position of responsibility which I am not prepared to .iocept. I shall he sorry if any difficulty arises from this state of things. Having been under thefull iuipressiou, up to the present time, that I was to discharge the duties of Chief Ciiiumissioner, under the commission of the Governor,. 1 have taken every necessary step in my po»vnfor bringing the New Ht*guhiit"i>s into force, and no one will more regret th.in 1 shail if she difficulty now raised by the Provincial Government should, by taking the rlliee cut of hiv hand', result in causing any ciijl ■arniSMsien: to the public service. In conclusion 1 must beg ti> redd that I hold ■ >yseif entirely exonerated fn>m alt share i?i crfatinsr any difiieulty thac may arise from this stale of ihinirs. I liaV? always di^tiiifUy slated mv init'inion not to l>old <»liict? und*-r lie local govt-rnmeui ; and when sona- time s:r:cv his Honor the Siuifrintt-niieiit wn'ie t<> tne io. ask if it woul-l be convi-ni-ii! I" n-.e t«» h«-ld th^ two otiire* oi'Trt-asurer and ChU>! (.:i:ir.jnissionev ot the Board, he added that in th:H- case hfv shoi.lil he prepared to rci-onitneud my appusnfuicnt to those two olnc»:s to the Goi'truor. I consented on that uuder.-taiidiu::, and until the piesent lime no c» niinui.it'Jtion whatever lulv been made to via as to the necessity, of uij

lioUVnvir t-iOier of the offices umier the loeul government. i have llie honor to lie, Sir, Y'«ur most obedient, humble Serv.-mt, (Si-;tif(f) William Guisk Bhutan. To H. I. I'ancred. E-q. I'n-siilent i»l tin* ICxtH-ntive Council

Waste Lands' Board. —The Provincial Government Gazette, March 31, notifies that his Honor the Superintendent has made the following'appointments in this board : — Joseph Bi-iltan, Esq., Chief Commissioner; Thon.as Cass. Esq., and Richard Packer, Esq.. Commissioners ; Thomas Cass, Ksq , Chief Snr\ey<>r ; Cyrus Davie, Esq., and Samuel Hewiings, Esq., Assistant Surveyors.