COUNCIL PAPERS.

New Zealander, Volume 9, Issue 798, 7 December 1853, Page 3

COUNCIL PAPERS.

Papers forwarded to the Provincial Council by His Honouu the SupebINTENDDKNT, Colonial Secretary's Office, Auckland, 29th Oct., 1853. Sir, —I have the honour, by the direction of His Excellency the Governor, to inform you that the large Native population in this Province rendering it essential that Resident Magistrates Courts should be maintained at several places in the Province, the General Government will for the present maintain such Courts at Auckland, The Bay of Islands, Mongonui, and PtOTORUA, and any portion of the expense of supporting those Courts, which may not be met by the fees received in them, will be defrayed by the General Government, from the funds reserved for Native purposes. I have the honor, &c, (Signed) Andrew Sinclair, Colonial Secretary. His Honour the Superintendent, Auckland. Remission of Fines and Imprisonment. Civil Secretary's Office, Wellington,sth August, 1853. Sir,—As it is probable that persons, particularly seamen belonging to vessels trading to the ports of the Province, will be

frequently sentenced to short periods of imprisonment, in whose cases there may be many mitigating circum-stmces, and as it would perhaps frequently be unadvisable to detain thosepersons, in such cases, in gaol until an application could be made to the officer administering the Government of New Zealand, to obtain a remission of their sentences; and as in like manner persons will often be sentenced to fines and penalties which it might under peculiar circumstances be desirable to remit atonce without incurring the delay of a reference to the Governor. I am directed by Governor Sir George Grey to acquaint you that in all cases of the above nature where persons are sentenced to undergo a period of imprisonment not exceeding three months in duration, or to a Fine, Penalty, or Forfeiture, not exceeding twenty pounds, which may accrue or become payableto the Crown, His Excellency will confirm the immediate remission by your Honour of the whole or of any part of such sentence, provided that no delay takes place in reporting the same for His Excellency's information, accompanied by adetail of the circumstances ot the case, together with a statement of the groundswhich have led you to take a favourable view of it. Hut, in delegating such pwers to your Honour, his Excellency desires it to be underStood, that, in the event of his differing from the view taken of any such case by your Honour, his Excellency would not be precluded from remitting the Penalty or Punishment which your Honour might have refused to do. I have the honor, &c, (>igned) Alfred Domett, Civil Secretary. His Honour the Superintendent, Province of' Auckland. Customs Revenue. Civil Secretary's Office, Wellington, Bth August, 1853. Sir, —I am directed by Governor Sir George Grey to communicate to your Honour the following- financial arrangements, which have been provisionally and temporarily made by His Excellency, with the view of enabling the Provincial Government efficiently to perform its duties until such 'time as the General Assembly shall have passed some enactment, upon the subject. It appears to His Excellency, from the nearest estimate which can be made, with the means at his command, that the Revenue of the whole colony of the Islands of New Zealand, after the costs of collection and management have been dsfrayed, will for the present, amount to £62,000 per annum, and that the charges upon account of the Civil List, or those imposed by Ordinances of the General Legislature; such, for instance, as the Interest upon Public Securities, the expenses of Savings Banks, the charges upon account of Education, &c\, &c, &c, will amount to a sum of about £21,000 per annum, or, onethird of the net Revenue of the Colony.

The Collector of Customs will therefore receive instructions to make up his account to the close of each week, and then having first deducted the amount necessary to defray the expenses of that Department, to pay over two thirds of tlic Balance remaining in his hands, to the Provincial Treasurer, or to the Provincial account, at the Union Bank of Australia,, and to remit the remaining third of such Balance to the Colonial Treasurer of New Zealand. This mode of adjustment will not, in every instance, be perfectly accurate, as the Revenue of the Province will, from time to time, vary; as will, also, the proportion which the Civil List, and the expenses of the General Government, bear to the whole revenue of New Zealand, which may now be expected rapidly to increase; consequently the above arrangement cannot be considered as being final. When, therefore, the accounts of the Revenue of each quarter reach the Treasurer of New Zealand, a final account will be made out, showing the gross Revenue of each Province, the charges on account of collection, the proportion of the Balance due to each Province during the quarter; any Balance which may then be found due to any Province, in addi tion to the two thirds of its Revenue already paid, will therefore he paid over to the Treasurer of the Province, or to the Provincial account at the Union Bank of Australia. In like manner, if from the anticipated increase in the Revenue of the Colony, it should shortly be found that the proportion of the Revenue to which each Province is entitled, exceeds two-thirds of the Revenue collected therein, arrangements will immediately be made for altering the amount to be paid from two-thirds of such sum, as each Province may be found entitled to. I have the honour to be, Sir, Your Honour's most obedient, humble servant, (Signed) Alfred Domett, Civil Secretary. His Honour the Superintendent, Province of Auckland. Relative to Upset Price of Land. Civil Secretary's Office, Wellington, 12th August, 1853. Sir, —The Commissioner of Crown Lands has received instructions to submit to your Honour, a return, according to the enclosed form, of all lands which are to be sold by public auction, with the exception of those lauds which are to be put up at the upset price of five shillings an acre. This form, as your Honour will perceive, specifies the district, section, lot, contents, and the proposed upset price at which each parcel of land is to be olfercd for sale. The upset price at which such Lands are to be offered for sale must he determined by the Commissioner and your Honour, the date and hour at which such sale is to take place being fixed by yourself and not being less than one month, nor more than three from the date of application. In the event of any difference of opinion regardin» the upset price of the several lots arising between the Commissioner and yourself, the question is to be referred for the decision of the Governor; but the Commissioner has been directed to guard against any needless reference of such questions. In conclusion, I am directed to acquaint your Honour, that hitherto the practice has been for the Governor and the Executive Council to fix the upset price of lands, the Commissioner being present and giving his advice ; and his Excellency conceives that it would be very desirable that a similar regulation should be followed by your Honour's fixing the said upset price in conjunction with one or more of the Provincial Officers, the Commissioner of Crown Lands being also present, and giving your Honour the benefit of his opinion and advice. I have &c, (Signed) Alfred Domett, Civil Secretary. His Honor the Superintendent, of the Province of Auckland. Public Reserves, Towns Villages, &c, Civil Secretary's Office, Wellington, 13th Sept., 1853. _ S IRj —I am directed by Governor Sir George Grey to inform your Honour that, as sites for towns and villages, reserves for public purposes, and districts tc be comprised within the limits of Hundreds, will be frequently required in lands either recently acquired from the Natives or which have been for some time in the possession of the Crown, it will be the duty of the Commissioner, of Crown Lands to make such reserves i'or the above purposes as he may think necessary, reporting the same for the information of the Governor. It will also be in your Honour's power to

request the Commissioners from time to tim e to make such reserves as may appear to your Honour to be desirable, and it will be the duty of the Commissioner, upon the receipt of such instructions, to set aside such lands, reporting the asme as in the former case, for the approval or disallowance of the Governor. He will also report to your Honour whether he has or has not recommended such Reserves for approval; and, in the event of a difference of opinion, what are the reasons for such difference. Whenever any fresh tracts of country are acquired from the Aborigines, the Commissioner has been instructed that, under no circumstances whatever, is he to permit such Lands to be thrown open to purchase until your Honour shall have had an opportunity of submitting for the consideration of the Provincial Executive Council, whether any and what Reserves of the nature referred to in the first paragraph of this Letter, should be made in such Districts. I have, &c, (Signed) Alfiied Domett, Civil Secretary. His Honour the Superintendent, of the Province of Auckland. Anthobity to Recommend Magistrates. Civil Secretary's Office, Wellington, 19th August, 1853. Sin, —If it should at any time appear to your Honour desirable that any additions should be made to the list of magistrates of the Province under your superintendence, I am directed by Governor Sir George Grey to request that your Honour will have the goodness to forward to His Excellency from time to time the names of the gentlemen you may wish to have placed upon the Commission of the Peace, accompanied by a statement of the grounds of your Honour's recommendation. I have the honour, &c , (Signed) Adfred Domett, Civil Secretary. His Honour the Superintendent, Province of Auckland. Receipts of Fees, &c, from Registrar of Su premb Court. Civil Secretary's Office, Wellington? • 27th August, 1853. Sm, —With reference to the sums at present paid to the Treasurer or Sub-Treasurers in the different Settlements by the Registrars or De-puty-Registrars of the Supreme Court in the Administration of Intestate Estates, in accordance with "the Rules and Orders touching the practice of the Supreme Court of New Zealand," which were approved by the Governor in Council on the 17th day of December, 1845,1 am directed by Governor Sir George Grey to request that your Honour will have the goodness to state for His Excellency's information whether you will authorize the Treasurer of the Province of Auckland to receive such sums in future from the Registrar (or Deputy-Registrar, as the case maybe) of* the Court under the Rules and Orders above alluded to. This arrangement, His Excellency considers, will be beneficial to the inhabitants of the Province. In the event of your Honour adopting it, a Return showing the state of the Account in question should be published quarterly in the Province. 1 have, &e., (Signed) Alfred Domett, Civil Secretary. His Honour the Superintendent, Province of Auckland. , In Reply to the Circular Despatch attached. (No. 53, 1181.) Superintendent's Office, Auckland, 24th October, 1853. Sm, —With reference to a Circular Despatch from the Civil Secretary at Wellinton, of the number and date noted hi the margin, requesting me to state for the information of Governor Sir George Grey whether I would authorize the Treasurer of the Province of Auckland to receive from the Registrar of the Supreme Court the sums to be deposited by him in his capacity of Official Admiuistrator of Intestate Estates. 1 have now tue honour to acquaint you for the information of His Excellency the Governor that there will not be any objection to the proposed arrangement, and that on receiving an intimation of His Excellency's desire to carry the same into effect, 1 shall on the appointment of a Provincial Treasurer forthwith instruct that Officer to receive and account for the Deposits referred to according to the existing rules and regulations. I have, &c, (Signed) It. 11. Wvxyard, Superintendent. The Honourable the Colonial Secretary, &c, &c, &c. Expenses or Prosecutions and Allowance to Witnesses. Civil Secretary's Office, Wellington, 27th Aug., 1853. Sir, —I am directed by his Excellency the Governor to inform your Honour of the following arrangements made with respect to some particulars in the proceedings of the Supreme Court of this Colony in their relation to the several Provicial Governments which the late changes have rendered necessary. The expense of criminal prosecutions will in future be borne by the Province. A general scale of costs to be allowed for prosecutions will, it is presumed, be established by the Provincial Council, as was done by the General Government in a Notice in the Gazette of the 3rd March, 1845. But this scale should be submitted to his Honour the chief Justice for approval. The Law Officer conducting the criminal prosecution will also be paid by the Province. The amount of allowances for witnesses has already been regulated by the Supreme Court in the Rules attached to the Supreme Courts' Ordinance, Session 4, No. 1. But the funds for this purpose will be provided by the Government of the Province in which the offence under prosecution was committed. On the subject of the custodv of the funds arising out of the official administration of Intestate Estates, or otherwise under the control and direction of the Supreme Court, I shall have the honour of addressing you in a separate communication. I have, &c, (Signed) Alfred Domett, Civil Secretary. Ills Honour the Superintendent, Province of Auckland. KPoSTAI AanANGEMENTa AND SURPLUS RECEIPTS for Provincial Council. Civil Secretary's Office, Wellington, 12th September, 1853. Sie, —I am directed by Governor Sir George Grey to transmit for your Honour's information the annexed Extract of Instructions to the Post-muster-General of New Zealand. 1 have, &e., (Signed) Alfred Domett, Civil Secretary. His Honour the Superintendent, of the Province of Auckland. Civil Secretary's Office, Wellington, lGth August, 1853. All expenses in the Post Office Department which are now authorised, may be continued for the present under the authority of the PostmasterGeneral. The Fostmaster-General will decide the proportion of the Receipts of the Provincial Departments of ihe Tost Office which is to be deducted therefrom, and transmitted to him for defraying the general expenses of the Department, after the expenses of each Central Provincial Office and the proportion of the general expenses to be paid in the manner above stated, have been deducted

from the receipts of the Offica, the balance remaining to be paid over to the Provincial Treasurer at the end of each month and surplus which may be in the hands of the Postmaster-General at the end of every Quarter will be transmitted by him to the Treasurers of the respective Provinces in the same proportions in which the gross proceeds of the Post Office Revenue shall have arisen therein respectively. If the Post Office Revenue in any month does not suffice for the payment of the current expenses during that month, the Postmaster- General will draw upon the Colonial Treasurer for the amount required to cover the deficiency, and will, at the same time forward to the Colonial Secretary full explanations as to the manner in which the deficiency has arisen, and the amount so drawn must be recovered from future Post Office Receipts of the Province or Provinces in the proportion in which the deficiency may have arisen ; all sums thus recovered must be remitted to the Colonial Treasurer. The Postmaster-General is authorized to correspond direct with the Superintendent of any Province, upon all subjects connected with the Postal arrangements of that Province. If that portion of the Revenue derived from any Provincial Post Office, which under these arrangements is to be paid over to the Provincial Treasurer, exceeds the expenses of the Department, the Postmaster-General is authorized, in concert with the Superintendent, of the Province, to extend the Postal communications to such an extent and in such manner as the Revenue will bear, or to any greater extent for which the Provincial Council will vote the necessary funds this regulation will not however prevent the PostmasterGeneral from establishing under the authority of the General Government, any lines of Postal communication of apparent utility to two or more Provinces. All existing orders or regulations relating to the Post Office Department will, for the present, remain in force. I have, &c, (Signed) Alfred Domett, Civil Secretary.