V. R. (No. 27.) Downing-street, 24th February, 1852.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 741, 8 September 1852, Page 3

V. R. (No. 27.) Downing-street, 24th February, 1852.

Sir, — rhare received your, despatch No. 107,. of the 21st August, 1851, enclosing an Ordinance passed by the Legislature of New Zealand in the iponth of July last,? entitled "An Ordinance to amend the Crown Land Ordinance No. 1 of Session, 10, and to extend the operation thereof to the Islands of New Zealand." . J^be object of this Ordinance is to extend to the'whole of New Zealaud, wUh .certain' amendments, the Pasturage Ordinance of 1849, which, at ihe lime, was necessarily limited in its operation yin v in consequence of the lands in New Munster~being under the management of the New, Zealand! Corapauy. ' _' , l»id this Ordinance before the Queen, I have .received -her Majesty's . commands to ac-

quaint you that her' Majesty has been pleased to* confirm and allow the same. - , - . I have, however, to observe that this Ordinance would appear to be quite inoperative within the Zealand Company's Settlements, whenever there may be existing "Terras of Pasturage :" those term* being generally speaking ,(as you have been already apprized) regarded by the law advisers of the Crown as existing contracts binding on her Majesty's Government. But as you' State that it is your' intention to bring it gradually into operation bjr' Proclamation, 1 think it sufficient to remind you of" that circumstance. ' „ 1 would also remark that the sth clause is not very clear in its m aping. By the Ordinance of 1849, the riglnacf pasturage within a Hundred were, jn the firstfinsunce, restricted to certain classes" of persons"" holding' 'depasturing licenses. But the Wardens we're authorised to allow to un-, licensed owners of land within the Hundred a p!oportionate right of depasturing cattle. The Wardens were likewise empowered to make Bye- j Laws to provide for the safety of the cattle to Ire I depastured within any Hundred, to improve "the run, to prevent ihe intrusipn of cattle, and the depasturing of a jjre.ater number than should be legally apportioned. By the sth clause of the Ordinance of July last, the authority of such jßye-^aW£s m*4e to extend "not only to such persons to.whom such licenses as aforesaid may havebeen issued', but to persons to whom no such licenses shall have been issued, and to the lands of such last mentioned persons being situated within the limits of the Hundred." The words which I have underlined, if taken literally, would extend "the power of the Wardens not only to lands occupied by unlicensed persons, but to their private property. I presume' that "the law is not intended to have that meaning, and will not be acted upon in that 'sense. If, however, it is really intended to give this extension to the powers of Wardens, 1 should wish you to explain to me why you consider such a course to be necessary. I am of opinion, however, that the' operation of the Bye-Laws should not be extended over private lands, except where they may be uuenclosed. I am, Sir, Your obedient Servant, (Signed) ' Grey. Governor Sir George' Grey, X.C.8., &c, &c, &c.