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DESPATCHES FROM THE SECRETARY OF STATE TO THE GOVERNOR OF NEW ZEALAND.

Presented to both Souses of the General Assembly by command of His Excellency.

SCHEDULE.

1873. NEW ZEALAND.

DFASD

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1873. NEW ZEALAND.

DESPATCHES FROM THE SECRETARY OF STATE TO THE GOVERNOR OF NEW ZEALAND. No. 1. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. E. Bowen, G.C.M.G. (Circular.) Sir, — Downing Street, 4th September, 1872. I transmit to you a copy of a letter from the Lords Commissioners of the Treasury, containing proposals for a New Postal Service with the Australasian Colonies on the termination of the present contract with the Peninsular and Oriental Steam Navigation Company, at the end of the year 1873. I request that you will inform me of the views of your Government on their Lordship's proposals. I have, &c, The Officer Administering the Government KIMBERLEY. of New Zealand.

Enclosure in No. 1. Mr. Strong to Mr. Herbert. Sir, — Treasury Chambers, 14th August, 1872. I am commanded by the Lords Commissioners of Her Majesty's Treasury, to request that you will state to the Earl of Kimberley, with reference to the correspondence that has recently taken place relative to the Packet Service between this country and the Australian Colonies and New Zealand, that my Lords have given this subject their attentive consideration. My Lords would observe that the several Colonies (with the exception of West Australia) having requested that an end should be put to the contract under which the Peninsular and Oriental Steam Navigation Company now convey the Australian mails between Point de Galle and Sydney, the necessary notice has been given to the Company, and the contract will expire at the end" of next year (1873). It therefore becomes necessary to determine in what manner, aud by what route, the postal communication should be maintained when the contract in question comes to an end. The several routes which have been suggested are — 1. The present route via Suez and Point de Galle. 2. As an alternative route, the route via San Francisco; and 3. Incidentally, the route via the Cape of Good Hope. The advantages, however, attendant upon the present route appear to my Lords to be so conclusive that they are decidedly of opinion that it should not be changed. The advantages are, first, that it is the shortest; and, secondly, that by making use of the vessels under contract with Her Majesty's Government for the India and China Service as far as Point de Galle, the carriage of the Australian mails is provided for a considerable portion of the distance over which they have to be conveyed. As several of the Australian Colonies have, on repeated occasions, complained of the manner in which the service between Point de Galle and Australia has been performed, and so much difficulty has hitherto been experienced by the Home Government in providing a service satisfactory to the Colonies, my Lords have come to the conclusion that it is not advisable that the Imperial Government should any longer be parties to any contract for the service between Point de Galle and Australia, but that it would be better that the Colonies should, at the expiration of the present contract, themselves, in combination, provide such service, leaving it to the Imperial Government to provide for the conveyance of the mails between England and Point de Galle. A considerable sum has hitherto been subscribed by the Australian Colonies and New Zealand towards the expense of the conveyance of their mails between this country and Point I—A. 2.

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de Galle. My Lords propose, at the termination of the present Point de Galle and Australian Contract, to relieve the Colonies from any payment on this account, and to undertake on the part of the Imperial Government, so long as the present contract for the India and China Mail Service is in existence—that is, until the 31st of January, 1880—to convey the colonial mails between England and Point de Galle, and vice versa, free of all charge to the Colonies, on the Colonies, in combination, providing an efficient line of packets, fitted at Point de Galle to the Suez and China Packets, to run once every four weeks (or once every fortnight, whichever the Colonies may deem most essential to their own interests) between Point de Galle and whatever port or ports in Australia the Colonies may themselves consider most expedient, and vice versa; and my Lords will be prepared to contribute a sum not exceeding one-half of the expense of a four-weekly service between Point de Galle and the Australian Colonies and New Zealand (in the event of the latter Colony becoming a party to the arrangement), subject, however, to the distinct limitation that the contribution to be made on the part of the Imperial Government in any one year shall in no case exceed £40,000, and on the understanding that the packets shall call at King George's Sound to land and embark the West Australian mails, that Colony being, however, called upon to pay her share, in proportion to her correspondence, towards the expense of the packet service between Point de Galle and Australia ; and in the event of the Colonies arranging conjointly or by a substantial majority for a fortnightly service, my Lords will be prepared to entertain the question of a further contribution. But this undertaking is given upon the express condition that any second service towards which the Imperial Government may render assistance is alternative with the other— i.e., that there shall be sufficient interval between the arrival and departure of the steamers for the purposes of correspondence. As it appears from the letter from the Colonial Office dated the 24th ultimo, and its enclosures, that it is the wish of the Government of Queensland that the correspondence of that Colony shall be conveyed once every four weeks via Torres Straits, my Lords have no objection, on the part of the Imperial Government, to conveying such correspondence between England and Singapore free of all charge, but they are not prepared to make any contribution towards a service between Singapore and Brisbane, which must be left to the Colony to provide. My Lords have only to state, in conclusion, that the arrangement at present in force as regards the division of the postage on the mail matter conveyed between this country and the Australian Colonies should not be disturbed. I have, &c, R. G. W. Herbert, Esq., Colonial Office. Charles W. Strong, Pro Sec.

No. 2. Copt of a DESPATCH from the Right Hon. the Earl of Kihberley to Governor Sir G. E. Bowen, G.C.M.G. (No. 56.) Sir, — Downing Street, 6th September, 1872. I hare the honor to acknowledge your Despatch No. 58, of 27th June, forwarding a Congratulatory Address to the Queen from the Council of the Province of Otago, on the recovery of His Royal Highness the Prince of Wales. I am commanded to instruct you to convey to the Council of Otago the Queen's thanks for their kind expressions of sympathy and congratulations, and to assure them that Her Majesty warmly appreciates the spirit of loyalty to the British Crown, and of attachment to the person and family of the Sovereign, which is displayed in their Address. I have, &c, Governor Sir G. E. Bowen, G.C.M.G. KIMBEELEY. No. 3. Copt of a DESPATCH from the Right Hon. the Earl of Kimbeeley to Governor Sir G. E. Bowen, G.C.M.G. (No. 57.) SlPv, — Downing Street, 9th September, 1872. I have the honor to acknowledge the receipt of your Despatch No. 59, of 27th June, reporting your return to Auckland after a visit to the Waikato District. I have, &c, Governor Six G. E. Bowen, G.C.M.G. KIMBERLEY.

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No. 4. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. F. Bowen, G.C.M.G. (Circular No. 2.) Sir, — Downing Street, 9th September, 1872. I have the honor to transmit to you, to be laid before your Responsible Advisers, a copy of a Circular Despatch which has been addressed to Colonies not possessing responsible government, on the subject of assistance given by Colonial vessels to vessels in distress, and claims to salvage. I have, &c, The Officer Administering the Government KIMBERLEY. of New Zealand.

Enclosure in No. 4. Copy of a Despatch from the Right Hon. the Earl of Kimberley to Governor Sir G. P. Bowen, G.C.M.G. Sir, — Downing Street, 9th September, 1872. I have to acquaint you that a question has lately arisen as to the amount of salvage that should be claimed by a Colonial Government vessel for assistance rendered to a British vessel in distress ; and I transmit to you a copy of a letter from the Admiralty on the subject, from which you will perceive that the Lords Commissioners do not consent to the adjudication of a salvage claim by officers of the Royal Navy, unless the services of the salvors have been really arduous or accompanied with hazard, and that all officers in command of Her Majesty's ships are instructed to afford every possible assistance to vessels in distress. I am of opinion that Colonial Government vessels should be governed by the same rules in respect of salvage services as Her Majesty's vessels; and in that view I have to request that you will issue, with the necessary alterations, regulations similar to those which you will find in the enclosure to the letter from the Admiralty. I have, &c., The Officer Administering the Government of New Zealand. Kimberley. Sub-Enclosure to Enclosure in No. 4. Mr. Lushington to the Under Secretary, Colonial Office. Sir, — Admiralty, 7th August, 1872. With reference to your letter of 3rd instant, requesting to be informed whether the consent of my Lords Commissioners of the Admiralty would be given to a claim for salvage being made by the Colonial steamer " Serendib," in the case of the services rendered to the British steamer " Embletrope," had the former vessel been a man-of-war, I am commanded by their Lordships to acquaint you, for the information of Lord Kimberley, that as the ship and cargo were rescued from serious peril, the services rendered appear to my Lords to be undoubtedly of a salvage nature ; but as those services, so far as appears in the papers forwarded in your letters, were not on the part of the salvors, "really arduous or accompanied with hazard," the case is not one in which my Lords would have given their consent to the adjudication of a salvage claim. 2. My Lords enclose herewith, for the information of Lord Kimberley, a copy of the sections of the Admiralty Instructions on the subject. 3. My Lords do not understand that Lord Kimberley desires them to express an opinion upon any other point in the case than the above, which alone appears to be within the cognizance of their Lordships. I am, &c, The Under Secretary of State, Colonial Office. Vernon Lushington. Salvage.—236. 1. All officers in command of Her Majesty's ships are to afford every possible aid to vessels in danger or distress, or in want of casual assistance. 2. When such services have been rendered, the commanding officer of the ship is to forward a full report of the circumstances of the case, with a copy of the ship's log, to the Commander-in-Chief or senior officer of the station, who is to transmit the same to the Admiralty, with his opinion as to the merits of the case; and before any officer in the navy can raise a claim for salvage, he must obtain the sanction of the Admiralty, which sanction will not be given unless really arduous service, or service accompanied with hazard, has been rendered. No Court of Law, or Admiralty Court, can by section 485 of the Act 17 and 18 Victoria, cap. 104 (Merchant Shipping Act, 1854), decide upon any claim made by officers or men belonging to Her Majesty's ships without such consent of the Lords Commissioners of the Admiralty.

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Note.—The foregoing Article is not to interfere with the preliminary steps which a salvor is authorized to take under the 486 th and following sections of the Merchant Shipping Act, and under the second and following articles of this chapter of the Instructions.

No. 5. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. F. Bowen, G.C.M.G. (No. 58.) Sir, — Downing Street, 11 September, 1872. I have the honor to acknowledge your Despatch No. 60, of 27th June, reporting the condition of the South Sea Islanders who were brought to New Zealand in 1870, for the purpose of being employed on a flax mill at Auckland. The report as to the treatment of these Natives seems satisfactory, but their complaint that they have been deceived as to the length of their contracts proves the necessity for legislation to prevent abuses which experience has shown are sure to arise, unless the immigrants are protected by stringent laws vigorously enforced by the Government of the Colony. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. KIMBERLEY.

No. 6. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. F. Bowen, G.C.M.G. (No. 59.) Sir, — Downing Street, 11th September, 1872. I have the honor to acknowledge your Despatch No. 61, of sth July, forwarding a Congratulatory Address to the Queen from the Independent Order of Rechabites in the Province of Hawke's Bay, on the recovery of His Royal Highness the Prince of Wales. I am commanded to instruct you to convey to the authors of this Address the Queen's thanks for their kind expressions of sympathy and congratulation, and Her Majesty's warm appreciation of the spirit of loyalty to the British Crown and attachment to the person and family of the Sovereign which they evince. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. KIMBERLEY.

No. 7. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. F. Bowen, G.C.M.G. (No. 62.) Sir, — Downing Street, 19th September, 1872. I have received with satisfaction your Despatch No. 62, of the 6th July, giving an account of a visit which you had paid to Napier, and the principal Native settlements along the East Coast, during a voyage from Auckland to Wellington. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. KIMBERLEY.

No. 8. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. F. Bowen, G.C.M.G. (Circular.) Sir,— Downing Street, 30th October, 1872. I have the honor to inform you that a communication has been received at the Foreign Office from the German Ambassador at this Court, calling attention to certain inconveniences which arise out of the present system of postal

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communication between Germany, India, and the Australian Colonies, and suggesting that the Imperial Post Office in Germany should be empowered to negotiate conventions with the principal Postal Departments of the abovementioned British Possessions without necessarily referring the question under discussion to the General Post Office London. I have informed Earl Granville that I see no objection to the Imperial German Post Office being empowered to negotiate direct conventions with the Postal Authorities of the Australian Colonies, provided it is clearly understood that any conventions which may be arranged are to be submitted for final sanction to Her Majesty's Government. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. KIMBERLEY.

No. 9. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. F. Bowen, G.C.M.G. (No. 67.) Sir, — Downing Street, 31st October, ] 872. I have the honor to acknowledge the receipt of your Despatch No. 75, of the 27th August, enclosing Addresses to the Queen from the Legislative Council and House of Representatives of New Zealand, congratulating Her Majesty on the recovery of His Royal Highness the Prince of Wales. I am commanded to instruct you to convey to the Members of the Council and of the House of Representatives, the Queen's thanks for their kind expressions of congratulation, and to assure them that Her Majesty warmly appreciates the spirit of loyalty and attachment to the person of the Sovereign which is displayed in their Address. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. KIMBERLEY.

No. 10. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. F. Bowen, G.C.M.G. (No. 70.) Sir, — Downing Street, Bth November, 1872. I have received with satisfaction your Despatch No. 72, of the 23rd of August, reporting the inauguration by you, on the 19th of that month, of the scheme of railways contracted for by Messrs. Brogden. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. KIMBERLEY.

No. 11. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. F. Bowen, G.C.M.G. (No. 71.) Sir, — Downing Street, 21st November, 1872. I have the satisfaction of informing you that the Queen has been pleased to mark her sense of the success and ability with which you have administered the Government of New Zealand by appointing you, upon my recommendation, to the Government of Victoria, which is about to become vacant by the retirement of Viscount Canterbury on the expiration of his term of office. Her Majesty has also been pleased to approve of the appointment of the Right Hon. Sir James Fergusson, the Governor of South Australia, to be your successor in the Government of New Zealand. Lord Canterbury has expressed a wish to leave Melbourne; on the 28th February, and I request you to make such arrangements as will enable you to enter upon the Government of Victoria as soon after that date as possible. I have, &c, Governor Sir G. E. Bowen, G.C.M.G. KIMBEULEY.

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No. 12. Copy of a DESPATCH from the Eight Hon. the Earl of Kimberley to Governor Sir G. F. Bowen, G.C.M.G. (No. 76.) Sir, — Downing Street, 16th December,'lB72. With reference to your Despatch No. 82, of 25th September, enclosing a list of the officers of the New Zealand Naval Volunteers for insertion in the Navy List, I transmit to you a copy of a letter from the Board of Admiralty, from which you will see that their Lordships decline to sanction the insertion of officers of higher rank than lieutenants. In these circumstances, no directions will be given for the insertion in the Navy List of any of the names contained in the List enclosed in your Despatch, until I have learned the wishes of your Government upon the subject. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. KIMBEELEY.

Enclosure in No. 12. Mr. Lushington to the Under Secretary, Colonial Office. Sir,— Admiralty, 9th December, 1872. With reference to your letter of the 30th ultimo, forwarding a Despatch from Governor Sir G. F. Bowen, enclosing a list of the officers of the New Zealand Naval Volunteers for insertion in the Navy List, I am commanded by my Lords Commissioners of the Admiralty to acquaint you, for the information of the Earl of Kimberley, that the highest rank hitherto granted to the officers of the Royal Naval Reserve has been that of lieutenant, whereas in the list in'question several officers of the rank of captain are included. My Lords must therefore decline to recognize any higher relative rank than that of lieutenant, whatever local rank may be conferred by the Colonial Government, and cannot, therefore, sanction the insertion of officers of the higher rank in the Navy List. lam to request that, under these circumstances, you will cause their Lordships to be informed whether it is Lord Kimberley's wish that the other officers, below the rank of commander, should be inserted in the Navy List. I have, &c, The Under Secretary of State for the Colonies. Vernon Lushington.

No. 13. Copy of a DESPATCH from the Eight Hon. the Earl of Kimberley to Governor Sir G. E. Bowen, G.C.M.G. (No. 82.) Sir, — Downing Street, 31st December, 1872. I have received your Despatch No. 86, of the 21st of October, reporting the nomination of two Native chiefs to the Legislative Council of New Zealand. I have to express my satisfaction at learning that the admission of Maori Members to both Houses of Parliament has been found to work well. I have, &c, Governor Sir G. P. Bowen, G.C.M.G. KIMBEELEY.

No. 14. Copt of a DESPATCH from the Eight Hon. the Earl of Kimberley to Governor Sir G. P. Bowen, G.C.M.G. (Circular.) Sir, — Downing Street, Ist January, 1873. I transmit to you for your information, and for publication within the Colony under your Government, printed copies of papers respecting the new scourge which has recently attacked the vines in France and in Portugal, and which threatens to be as destructive in its effect as the disease which for some years destroyed viniculture in Madeira. I have, &c, The Officer Administering the Government KIMBEELEY. of New Zealand. (For Enclosures, vide New Zealand Gazette, No. 34, of May 29, 1873.)

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No. 15. Copt of a DESPATCH from the Eight Hon. the Earl of Kimberlet to Governor Sir G. F. Bowen, G.C.M.G. (No. 3.) Sic, — Downing Street, 13th January, 1873. I have received your Despatch, in which, in reply to my Circular Despatch of the 30th of January, 1872, you forward carefully prepared returns entitled " Gaols and Prisoners," showing in detail the state of prison discipline in the various Provinces of the Colony under your Government. On referring again to my Circular Despatch, you will perceive that those returns headed " Gaols and Prisoners " are not the forms therein enclosed for the purpose of being filled up, but one of two sets of draft forms enclosed in my previous Circular, of the 13th March, 1871. The only return enclosed in my Circular of the 30th January, 1872, was one entitled " Criminal Statistics." A form entitled " Gaols and Prisoners " was by a Circular Despatch of even date sent to Colonies not having responsible Governments ; but I had decided not to ask Governments of the class of New Zealand to fill up that form, but merely the form entitled " Criminal Statistics," which, whilst going less into detail, shows more fully the general state of crime in the Colony. I highly appreciate the readiness of your Government to co-operate with Her Majesty's Government in the collection of this important information, and I transmit to you herewith six copies of the return of " Criminal Statistics," the compilation of which will, I doubt not, prove less laborious than that of the return enclosed in your Despatch under acknowledgment. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. KIMBEELEY.

No. 16. Copt of a DESPATCH from the Eight Hon. the Earl of Kimberlet to Governor Sir G. F. Bowen, G.C.M.G. (No. 4.) Sir, — Downing Street, 18th January, 1873. On receipt of your Despatch No. 41, of the 2nd of May last, I caused an application to be made to the Foreign Office for the information with which you desired to be furnished, respecting Treaty engagements with the United States as to the extradition of criminals. The annexed copies of letters from the Eoreign Office and the Memorandum enclosed in it, and of the correspondence which passed in consequence of the receipt of that letter with the Governor-General of Canada* appear to furnish the required information, and to show what legislation will be desirable. With reference to the concluding paragraphs of the Eeport of the Minister of Justice enclosed in the Governor-General's Despatch, I have to inform you that I have recently received a Despatch from Lord Dufferin stating the nature of the further legislation which it is proposed to introduce into the Canadian Parliament with a view to give more ready effect in the Colony to the Treaties of Extradition between this country and Germany and Belgium respectively. This Despatch has been referred to the Foreign Office, and I propose to communicate to you a copy of it, and of the reply of the Eoreign Office, when received, for the information and guidance of your Ministers. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. KIMBERLEY.

Enclosure 1 in No. 16. Mr. Hammond to the Under Secretary, Colonial Office. Sir,— Foreign Office, 17th August, 1872. I have laid before Earl Granville your letter of the 9th instant, enclosing copy of a Despatch from the Governor of New Zealand, in which he asks for information as to Treaty

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engagements with the United States relative to the extradition of criminals, and I am directed by His Lordship to transmit to you, to be laid before the Earl of Kimberley, copy of a Memorandum which has been prepared in this office on this subject. I am to add that Lord Granville has been in communication with the Government of the United States with a view to the conclusion of a new Treaty of Extradition ; and if he should be successful in that object, he will endeavour to have the course of proceeding with regard to the Colonies more clearly defined. I have, &c, The Secretary of State, Colonial Office. E. Hammond. Sub-Enclosure to Enclosure 1 in No. 16. Memorandum. Extradition between New Zealand and the United States. The article concerning extradition in the Treaty between Great Britain and the United States of 1842 (Hertslet, vol. vi. p. 859), is silent as to the mode of proceeding on either side in cases of demand for extradition. The Act of Parliament for giving effect to the Treaty (6 and 7 Viet. c. 76), however, places Secretaries of State, the Lord-Lieutenant of Ireland, and the Officer Administering the Government of a Colony, on the same footing in regard to dealing with such demands made by a Foreign Power and falling within their respective jurisdictions. That Act was repealed by the General Extradition Act of 1870 (33 and 34 Viet. c. 52), but its provisions as to Governors of Colonies arc substantially re-enacted by section 17 of that Act. Nothing is prescribed in cither Act as to the course to be taken in a foreign country with regard to a fugitive from a British Colony, which, in the absence of any arrangement by Treaty, is a matter to be dealt with by the Legislature or Government of the foreign country rather than by British law. Nor does the American Proclamation giving effect to the Extradition Article (Hertslet, vol. vi. p. 861) do more than simply order that it shall be "observed and fulfilled with good faith " by the United States. The case of New Zealand and the United States is parallel to that of Canada and the United States. The Colonial Office probably know, or at all events can easily ascertain, what is the course pursued in Canada with regard to the demand for the surrender of criminals escaping from that Colony into the United States —that is, whether the requisition is addressed by the Governor of Canada direct to the authorities of the United States, and, if so, to what authorities, or through Her Majesty's Minister at Washington; and the same course could be pursued in the case of a criminal escaping from New Zealand direct to the United States. The Extradition Article of 1842 does not require that the requisition should necessarily be made through a diplomatic channel. As to the place to which a Colonial fugitive criminal will be sent when given up, whether to the Colony from whence he escaped or to England, it is presumed that he would be delivered over to the person duly authorized by the requiring party to receive him, and thus, in the case of demand made by the Governor of a British Colony, the person surrendered would find his way back to the Colony. The Colonial Office no doubt know how all this is arranged and eai-ricd out as between Canada and the United States, and the same course would probably be applicable in the case of New Zealand. Foreign Office, 13th August, 1872.

Enclosure 2 in No. 16. The Earl of Kimberley to the Earl of Dufferin. My Lord, — Downing Street, 29th August, 1872. I transmit to your Lordship a copy of a Despatch from the Governor of New Zealand, applying for information respecting Treaty engagements with the United States with regard to the extradition of criminals. I also enclose a copy of a letter from the Foreign Office, with a Memorandum which has been prepared on the subject in that Department. As the correspondence in this office does not appear to supply precise information respecting the arrangements which have been made by the Canadian Government in cases of demand for extradition, I request that your Lordship will furnish me with a statement showing the course adopted in the case of a demand for the surrender of a criminal escaping from the Dominion into the United States. I have, &c., It. G. W. Herbert, (for the Earl of Kimberley). Governor-General the Right Hon. the Earl qf Dufferin, K.G., K.C.B.

Enclosure 3 in No. 16. The Earl of Dufferin to the Earl of Kimberley. Mt Lord, — Government House, Ottawa, 10th December, 1872. I have the honor to transmit herewith, in answer to your Despatch No. 66, of the 29th August, a copy of a report from the Minister of Justice, which, with the documents accompanying

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it, will, I think, give all the information desired by the Government of New Zealand on the subject of the extradition of fugitive criminals. I also beg to enclose copies of "pro forma " correspondence when application is made for the extradition of a fugitive from justice. I have, &c, The Right Hon. the Earl of Kimberley. Dufferin.

Sub-Enclosure to Enclosure 3 in No. 16. Department of Justice, Ottawa, 3rd December, 1872. Upon the Despatch from the Secretary of State for the Colonies of the 29th August, 1872, the undersigned has the honor to report as follows : — That Despatch transmits one from the Governor of New Zealand, asking for information respecting Treaty engagements with the United States with regard to the extradition of criminals. It also encloses a copy of a letter from the Foreign Office, and a Memorandum prepared on the subject in that Department. The Despatch of the Colonial Secretary requests that the Governor-General will furnish a statement showing the course adopted in the case of a demand for the surrender of a criminal escaping from the Dominion into the United States. The Imperial Act for giving effect to the Treaty with the United States (6 and 7 Viet. c. 76) was not in force in Canada. Under a provision contained in it, it was suspended in Canada by Order of the Queen in Council, in consequence of the passage by the late Province of Canada of an Act for carrying the Treaty into effect in Canada, which was re-enacted in 1866, after the confederation of the Provinces. Whilst, therefore, the Imperial Act 6 and 7 Viet. cap. 76 has been repealed by " The Imperial Extradition Act, 1870," Canada has been in no way affected thereby, inasmuch as by section 27 of the last-mentioned Act the Canadian law in force is preserved. The Memorandum of the Foreign Office, enclosed in the Despatch, states that the American Proclamation giving effect to the Extradition Article of Treaty of 1842 docs no more than simply order that it shall be observed and fulfilled with good faith by the United States. But it is to be observed that the Congress of the United States has passed an Act, which is still in force, providing for the mode in which the Extradition Treaty should be worked. Copies of the Acts of Canada and the Congress of the United States, as the same are respectively now in force, are herewith transmitted. No difficulty has been found to exist in the case of fugitive criminals into Canada from the United States, or vice versa, in working the treaty under the statutes mentioned. Upon the inquiry more particularly made in the Despatch from New Zealand, the undersigned would remark that under " The British North American Act, 1867," extradition is one of the subjects which rest with the Government of Canada, and that, therefore, all applications for extradition of fugitive criminals from any part of the Dominion must be made through the Governor-General of Canada. The subject is usually initiated by a communication from the Attorney-General of a Province to the Attorney-General of Canada, by telegram, briefly stating the facts when the case is urgent, or at greater length showing the prima facie case for the application. Upon this application and the advice of the Attorney-General of Canada, the Governor-General communicates with Her Majesty's Minister at Washington, requesting that application be made to the Government of the United States for the extradition of A.8., charged with a specified offence, and requesting that a warrant may issue by the President of the United States for the delivery of the said A.B. to CD. of &c, or to any other person specially authorized to receive him. It rests with the parties interested in the prosecution of the criminal to proceed to the United States with the necessary evidence, and to go before a Commissioner, who takes the evidence, and submits to the Government of the United States. If that Government is advised that the proceedings are correct, and show a case of extradition, the warrant of the President issues accordingly, and the officer from Canada being charged with a writ of recipias, attends and receives the criminal into his custody. A precisely similar course is adopted in the case of an application for extradition by the Government of the United States. The Secretary of State at Washington addresses a written communication to Her Majesty's Minister there, asking for the extradition of a fugitive criminal, as above stated. This request is communicated by the British Minister to the Governor-General of Canada. The parties interested in the prosecution of the criminal come to Canada with the necessary evidence, and take such proceedings as are directed by the Extradition Act of Canada of 1868, before referred to. The papers being certified by the committing Judge or Commissioner, are transmitted to the Governor-General of Canada, and upon the advice of His Excellency's Attorney-General a warrant may issue for the delivery of the fugitive to the person named in the Despatch of Her Majesty's Minister at Washington to the Governor-General. It is of course competent to the criminal to move a writ of habeas corpus, and for a Court to discharge from custody. It will thus be seen, that, with the exception of the demand for extradition being made, as the case may be, by or to the Governor-General of Canada, through Her Majesty's Minister at Washington, and the issue of a writ of recipias, or of a warrant of delivery of the fugitive, the 2—A. 2

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whole prosecution of the case depends upon the parties who are interested in the matter, and must be conducted according to the law of Canada or of Congress, above alluded to, according to the country in which the fugitive is arrested. It may be added that it has been usual for the party prosecuting the case in the country to which the fugitive has fled, to pay all the expenses which may be incurred in respect of such prosecution. The fees, however, are usually but slight, consisting of the ordinary fees of magistrates, and the expenses of witnesses. There is no charge whatever on the part of either Government connected with the matter. The undersigned thinks it advisable to transmit herewith a portion of a work published within the last month on the Criminal Law of Canada, and which embraces all particulars with reference to the working of the Extradition Treaty as between Canada and the United States, and which, as giving the decisions of the law courts in the Dominion on various points, may be of service to the Governor of New Zealand. The undersigned can however well understand that the Government of a British Possession may find great difficulty in working a treaty with a foreign country without some law of its local Legislature of the nature of that of Canada, as regards the treaty with the United States, which should provide the practical means for putting the treaty into effect. With reference to the Treaties of Extradition which have been recently concluded between Her Majesty and Germany and Belgium respectively, the same are of effect in Canada; but whilst it is, of course, desirable that such should be the case, it is yet felt that great difficulty will be experienced in putting those treaties into practical operation without legislation by the Parliament of Canada, which can be had under the provisions contained in the 18th section of the Imperial Extradition Act of 1870, and which course will probably be adopted. I have, &c, H. Bernard, D.M.J. I concur. John Macdonald.

Enclosure 4 in No. 16. Her Majesty's Minister at Washington to the Governor-General. My Lord, — Washington. I have the honor to enclose copy of a note which I have received from Mr. Fish, requesting that the necessary steps may be taken for the extradition of one , charged with the crime of , in the State of , and now held in gaol in the ; and I shall feel obliged if, after the proper forms shall have been complied with, your Excellency will direct that the usual warrant may be issued in accordance with Mr. Fish's request. I have, &c, His Excellency the Governor-General of Canada. Edward Thornton. Sub-Enclosure to Enclosure 4 in No. 16. The Secretary of State of the United States to Her Majesty's Minister at Washington. Sir, — Department of State, Washington, 14th November, 1872. Information having reached this Department that one , charged with the crime of , in the State of , is now held in gaol at , in the Dominion of Canada, awaiting a requisition from the Government for his extradition, I have the honor to request that • you will move the proper authorities of the Dominion, pursuant to existing Treaty stipulations, to take the necessary steps for the delivery of the said fugitive into the custody of , Sheriff of , who is authorized to receive him and bring him back to the United States for trial. I have, &c, The Right Hon. Sir E. Thornton, K.C.B. Hamilton Fish.

Enclosure 5 in No. 16. The Governor-General to Her Majesty's Minister at Washington. Sir., — Government House, Ottawa. I have the honor to acknowledge the receipt of your Despatch No. ,of the instant, enclosing copy of a note from the Secretary of State of the United States, applying for the extradition of one , charged with the crime of , in the State of , and said to be now held in gaol at In reply, I beg to state that as soon as I am advised that the proper forms in this case have been complied with, the necessary warrant will be issued for the delivery of the prisoner into the custody of the person appointed to receive him. I have, &c., The Right Hon. Sir Edward Thornton, K.C.B.

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Enclosure 6 in No. 16. 33 Victoria, chapter 25. An Act to amend the Act respecting Extradition of certain Offenders to the United States of America. [Assented to 12th May, 1870.] In amendment of the Act passed in the thirty-first year of Her Majesty's reign, intituled " An Act respecting the Treaty between Her Majesty and the United States of America for the Apprehension and Surrender of certain Offenders/ Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :— 1. So much of the first section of the said Act as in the words following—that is to say, " or any Police Magistrate or Stipendiary Magistrate in Canada, or any Judge of the Sessions of the Peace in the Province of Quebec, or any Inspector and Superintendent of Police empowered to act as a Justice of the Peace in the Province of Quebec " —shall be and is hereby repealed, except only as respects any proceedings commenced by or before any of the functionaries therein mentioned, before the coming into force of this Act, which may be continued and completed as if the Act had not been passed; but nothing herein contained shall be construed to prevent any person holding any of the said offices from being appointed under the said section to be a Commissioner for the purpose of the said Act.

Chapter 167. An Act for giving effect to certain Treaty Stipulations between this and Foreign Governments for the Apprehension and Delivery up of certain Offenders. That in all cases in which there now exists, or hereafter may exist, any treaty or convention for extradition between the Government of the United States and any foreign Government, it shall and may be lawful for any of the Justices of the Supreme Court or Judges of the several District Courts of the United States, and the Judges of the several State Courts, and the Commissioners authorized so to do by any of the Courts of the United States, are hereby severally vested with power, jurisdiction, and authority, upon complaint made under oath or affirmation, charging any person found within the limits of any State, district, or territory -with having committed, within the jurisdiction of any such foreign Government, any of the crimes enumerated or provided for by any such treaty or convention, to issue his warrant for the apprehension of the person so charged, that he may be brought before such Judge or Commissioner, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient by him to sustain the charge under the provisions of the proper treaty or convention, it shall be his duty to certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign Government for the surrender of such person according to the stipulations of such treaty or convention; and it shall be the duty of the said Judge or Commissioner to issue his warrant for the commitment of the person so charged to the proper gaol, there to remain until such surrender shall be made. 2. That in every case of complaint as aforesaid, and of a hearing upon the return of the warrant of arrest, copies of the depositions upon which an original warrant in any such foreign country may have been granted, certified under the hand of the person or persons issuing such warrant, and attested upon the oath of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended. 3. That it shall be lawful for the Secretary of State, under his hand and seal of office, to order the person so committed to be delivered to such person or persons as shall be authorized in the name and on behalf of such foreign Government, to be tried for the crime of which such person shall be so accused, and such person shall be delivered up accordingly, and it shall be lawful for the person or persons authorized as aforesaid to hold such person in custody, and to take him or her to the territories of such foreign Government, pursuant to such treaty; and if the person so accused shall escape out of any custody to which he or she shall be committed, or to which he or she shall be delivered as aforesaid, it shall be lawful to retake such person in the same manner as any person accused of any crime against the laws in force in that part of the United States to which he or she shall so escape, may be retaken on an escape. 4. That when any person who shall have been committed under this Act, or any such treaty as aforesaid, to remain until delivered up in pursuance of a requisition as aforesaid, shall not be delivered up pursuant thereto, and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner^rom the gaol to which he or she may have been committed, by the readiest way out of the United States, it shall in every such case be lawful for any Judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause shall be shown to such Judge why such discharge ought not to be ordered. 5. That this Act shall contiuue in force during the existence of any Treaty of Extradition with any foreign Government, and no longer.

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6. That it shall be lawful for the Courts of the United States, or any of them, to authorize any person to act as a Commissioner or Commissioners under the provisions of this Act, and the doings of such person or persons, as authorized in pursuance of any of the provisions aforesaid, shall be good and available to all intents and purposes whatsoever.

No. 17. Copy of a DESPATCH from the Right Hon. the Earl of Kimbebley to Governor Sir G. F. Bowen, G.C.M.G. (No. 5.) Sib, — Downing Street, 21st January, 1873. I have to acknowledge your Despatch No. 92, of 6th November, reporting that, with the advice of your Ministers, you had appointed two Maori chiefs to the Executive Council of New Zealand. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. KIMBERLEY.

No. 18. Copy of a DESPATCH from the Eight Hon. the Earl of Kimbeiiley to Governor Sir G. P. Bowen, G.C.M.G. (Circular.) Sir, — Downing Street, 22nd January, 1873. With reference to my Circular Despatch of the 4th September last, transmitting proposals respecting the mail service between this country and Australia after the termination of the existing contract with the Peninsular and Oriental Steam Navigation Company, I transmit to you, in order to obviate any misapprehension which may have arisen with respect to the extra postage levied in the Colonies on correspondence and newspapers sent by way of Brindisi, a copy of a letter which has been received through the Lords Commissioners of the Treasury from the General Post Office. I have, &c, The Officer Administering the Government KIMBEIILEY. of New Zealand.

Enclosure in No. 18. Mr. Tilley to the Secretary to the Treasury. Sir, — General Post Office, 13th January, 1873. I am directed by the Postmaster-General to acknowledge the receipt of your letter of the 10th instant, enclosing copies of two letters from the Colonial Office, covering Despatches from the Governments of Victoria and South Australia on the subject of the proposals made to the Australian Colonies in the Earl of Kimberley's Despatch of the 4th September last, with reference to the arrangements to be adopted for the Mail Service between this country and Australia after the termination of the existing contract with the Peninsular and Oriental Steam Navigation Company. In the Memorandum of Mr. Langton addressed to the Governor of Victoria, which expresses the views of his Government, it is stated that the proposal of the Imperial Government is to carry the mails between London and Galle free of all charge, whether for conveyance by special packets between Dover and Calais or Egyptian transit rate, and to contribute one moiety, not to exceed the sum of £40,000 per annum, towards the cost of the service between Galle and Australia. Mr. Monsell is under the impression that this Memorandum correctly describes the intention of the Treasury, so far as relates to the whole cost of conveying the mails by sea between London and Point de Galle, and to the sum paid for Egyptian transit. But, in using the term " free of all charge," he hopes that there is no misunderstanding in Melbourne with regard to the additional postage of 3d. per half-ounce which is levied on all letters, and of 2d. each on all papers sent via Brindisi. This additional postage represents the sum actually paid by this Department to the French and Italian Post Offices for the land carriage of that portion of the mails which is forwarded by the route of Brindisi. On the homeward letters and papers the additional postage is levied in the Colonies; and being so levied should, of course, be accounted for to this office in the Letter Bill accompanying each mail, as it has hitherto been accounted for.

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The transit postage in question lias never appeared in the financial statements between the Mother Country and Colonies, but has always been settled between the Post Offices. The concluding paragraph of the letter from the Treasury to the Colonial Office, of the 14th August last, states : — " My Lords have only to state, in conclusion, that the arrangement at present in force as regards the division of the postage on the mail matter conveyed between this country and the Australian Colonies should not be disturbed," and it is probable, therefore, that the matter is rightly understood in the Colonies; but to prevent any difficulty hereafter, Mr. Monsell would beg to suggest whether it may not be advisable that the Colonial Office should send a telegram in words to the following effect to Melbourne, specially pointing out that the additional postage levied on letters, &c, scut via Brindisi must continue to be accounted for by the Colonial to the Imperial Post Office. "Treasury views as to Mail Service correctly stated in Mr. Langton's Memorandum, November 5, but additional postage collected on correspondence via Brindisi must continue to be accounted for." I have, &c, John Tilley.

No. 19. Copy of a DISPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. E. Bowen, G.C.M.G. (No. 7.) Sir, —■ Downing Street, 31st January, 1873. I have the honor to acknowledge the receipt of your Despatch No. 98, of the 16th of November, enclosing the protest of certain Members of the Legislative Council of New Zealand against " The Railways Act, 1872," together with a Ministerial Memorandum on the question. You will inform the Members who signed the protest that it was duly considered, but that I have not thought it my duty to advise Her Majesty to exercise her power of disallowance in respect of this Act. I have, &c, Governor Sir G. E. Bowen, G.C.M.G. KIMBERLEY.

No. 20. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. E. Bowen, G.C.M.G. (No. 8.) Sir, — Downing Street, 31st January, 1873. I have to acknowledge your Despatch No. 90, of Ist November, forwarding, with Ministerial minutes, a Petition to the Queen from the Chancellor and Members of Council of the University of New Zealand, in which the petitioners pray that letters patent may be granted with a view to the recognition of degrees conferred by that University in the same manner as if it had been established under a royal charter or an Imperial enactment; and also a petition to the same effect from the Chancellor, Vice-Chancellor, and Council of the University of Otago. Her Majesty's Government have watched with great interest the liberal and enlightened efforts which have been made to promote education of all grades throughout the Australian Colonies, among which New Zealand has in these matters held a forward position ; and I have read with satisfaction the statements enclosed in your Despatch, showing, as they do, the efficiency of both of the Universities whose Memorials are before me. Ido not question that the institutions charged with the higher grades of education in New Zealand have now attained a standard of learning and teaching which may be confidently expected to be maintained, and which would justify the bestowal upon some one of them the privilege accorded to the Universities of Sydney and Melbourne, of granting degrees entitled under Her Majesty's letters patent to special recognition throughout the Empire. But I should not be able, looking to the present population and circumstances of New Zealand, to advise her Majesty to grant at the present time a charter to

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two or an indefinitely larger number of Universities within that Colony. The value of academical degrees would be materially impaired by the establishment of a variety of institutions conferring them within a community which can necessarily provide but a limited number of qualified candidates. And there seems to be no sufficient reason for granting to New Zealand greater privileges in respect of the recognition of its Universities by letters patent than have been granted to New South Wales and Victoria. Looking to the terms in which the University of New Zealand was constituted by Act of the General Legislature, and to its name, I should have supposed that this was the University which the Parliament and people had looked upon as the central University of the Colony, which should at the proper time be authorized to confer degrees entitled to recognition throughout Her Majesty's dominions. But as your Ministers have thought it right that their recommendations should be made in favour of both Universities, and as the reports of the proceedings in the New Zealand Parliament show that the status of the Colonial Universities has been a subject of much discussion, I think it preferable to defer tendering any advice to Her Majesty on the .subject of your Despatch until, by Address or otherwise, I have been placed in possession of the views of the Legislature as to the University upon which a charter should, in their opinion, be conferred. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. KIMBERLEY.

No. 21. Copt of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. F. Bowen, G.C.M.G. (No 9.) Sir, — Downing Street, 31st January, 1873. I have the honor to inform you that Her Majesty will not be advised to exercise her power of disallowance with respect to the following Acts of the Legislature of New Zealand, transcripts of which accompanied your Despatch No. 97, of 16th November last, viz.: — No. 1. —An Act to apply a sum of Money out of the Consolidated Fund and other Moneys to the Service of the Year ending the Thirtieth day of June, One thousand eight hundred and seventy-three. No. 2. —An Act to make provision for the appointment of Clerk of Parliaments. No. 3. —An Act to authorize the Superintendent of Wellington to extend the time for the Erection of a Patent Slip in the Harbour of Port Nicholson. No. 4 —An Act to amend " The Sharebrokers Act, 1871." No. 5. —An Act to amend " The Auckland Waste Lands Act, 1870." No. 6. —An Act to apply a Sum of Money out of the Consolidated Fund, and other Moneys, to the Service of the Year ending the Thirtieth day of June, One thousand eight hundred and seventy-three. No. 7. —An Act to validate the Advance of a Sum of Money to the Mayor, Councillors, and Burgesses of the Borough of Greymouth by the Government of the Colony of New Zealand. No. B.—An Act to amend " The Interpretation Act, 1868." No. 9. —An Act to amend " The New Zealand Post Office Act Amendment Act, 1866." No. 10.—An Act to enable the Allowance of Drawbacks on the Exportation of certain Goods from New Zealand. No. 11. —An Act to authorize the Grant and Conveyance of certain Pieces of Land to the Oamaru Dock Trust. No. 12. —An Act to provide for the Service of Notices and other Documents by means of the Telegraph Department. No. 13.—An Act to make further Provisions respecting Part of the Wellington City Reserves.

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No. 14.—An Act to amend "The Protection of Animals Act, 1867," and " The Protection of Animals Act Amendment Act, 1868." No. 15. —An Act to alter and amend the Law relating to Duties on Gold. No. 16.—An Act to amend " The Stamp Duties Act, 1866." No. 17. —An Act for referring Disputes occurring between certain Contractors and the Government of the Colony to the decision of a Judge of the Supreme Court, and for giving jurisdiction to such Judge in certain cases therein. No. 18.—An Act to amend " The Wellington Debts Act, 1871." No. 19. —An Act to provide for the Management of certain Public Domains in the Province of Canterbury. No. 20. —An Act to provide a Summary Mode of revising Valuations of Property in the Province of Canterbury. No. 21. —An Act to amend "The Railways Act, 1871," and for other Purposes. No. 22. —An Act to facilitate the Construction and to regulate the Working of Tramways. No. 23. —An Act to amend the Immigration and Public Works Acts. No. 24. —An Act to provide for the Payment of certain Sums to the Provinces and Boad Boards. No. 25. —An Act to amend the Public Bevenues Acts. No. 26.—An Act to establish a Public Trust Office. No. 27. —An Act to amend " The Besident Magistrates Act, 1867." No. 28. —An Act for further improving the Administration of Criminal Justice. No. 29.—An Act to amend " The Trustees Powers Delegation Act, 1869." No. 30. —An Act to amend "The Commissioners Powers Act, 1867." No. 31. —An Act to validate the Proceedings of Wardens' Courts held under the Gold Pields Acts in certain cases, and to indemnify the Wardens and Officers of such Courts from Proceedings in respect-of any Illegality in the holding of such Courts. No. 32.—An Act to amend "The Gold Pields Act, 1866," and the subsequent Acts amending the same. No. 33. —An Act for the Incorporation and Winding-up of Mining Companies. No. 34. —An Act to provide for the Dissolution by Declaration of Limited Liability Joint Stock Companies. No. 35. —An Act to provide for the Begulation and Inspection of Machinery and Appliances used in the Extraction of Gold from Quartz and other Substances, and for other Purposes. No. 36. —An Act to authorize the Holders of Miners' Bights issued in the Province of Nelson or the County of Westland to exercise the same within the Gold Pields proclaimed in either of the said divisions of the Colony. No. 37. —An Act to amend " The Lands Clauses Consolidation Act Amendment Act, 1866." No. 38. —An Act to amend "The Highway Boards Empowering Act, 1871." No. 41. —An Act to amend "The Crown Lands (Nelson) Leasing Act, 1871." No. 42. —An Act to provide for the setting apart of Land in the Province of Nelson for Special Settlement, and for the Sale thereof. No. 44. —An Act to constitute a Commission to inquire into and report upon Complaints relative to the Alienation of Native Lands in the Province of Hawke's Bay. No. 45.—An Act to amend " The Gisborne Land Act, 1870." No. 46.—An Act to amend " The Southland Waste Lands Act, 1865." No. 47. —An Act to amend " The Taranaki Education Beserves Act, 1871." No. 48. —An Act to authorize Grants of Land in the Province of Taranaki to -unsatisfied Claimants under the New Zealand Company's Land Orders. No. 49. —An Act to amend " The Forest Trees Planting Encouragement Act, 1871." No. 50. —An Act to amend the Bishop of New Zealand's Trusts Acts, 1858 and 1868, and " The Beligous, Charitable, and Educational Trusts Act Amendment Act, 1865."

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No. 51. —An Act to revoke a Grant from the Crown of certain Land in the Province of Auckland made to the Wardens of the Hundred of Auckland, and to make provision for the Disposal of such Land. No. 52. —Ah Act to amend "The Hawke's Bay and Marlborough Rivers Act, 1868," and " The Hawke's Bay and Marlborough Rivers Act 1868 Amendment Act, 1870." No. 53. —An Act to amend "The Municipal Corporations Act, 1867." No. 54. —An Act to authorize the Governing Bodies of Municipal Corporations in New Zealand to construct Waterworks for the supply of Water, and to raise the Moneys necessary for the Works. No. 55. —An Act to authorize the Municipal Council of the City of Dunedin to raise money for the purpose of constructing Gasworks and Waterworks for the supply of the City of Dunedin. No. 56. —An Act to authorize the raising of a Loan of Seventy Thousand Pounds for the purpose of constructing certain Works of Public Utility in the Northern portion of the Province of Otago, and for charging the Sums so borrowed against the said Province. No. 57. —An Act to confer additional Borrowing Powers upon the Otago Dock Board. No. 58.- —An Act to authorize the Municipal Council of the City of Auckland to raise Money for the purpose of constructing Waterworks for the supply of the City with Water. No. 59. —An Act to provide for the Improvement of the City of Auckland by laying out the Albert Barrack Military Reserves in Auckland in Streets and Places of Recreation. No. 60. —An Act to authorize the Issue of a Crown Grant to the Superintendent of Auckland of certain Land in the City of Auckland used as a Site of a Mechanics Institute, and the Sale thereof. No. 61.-—An Act to authorize the Issue of a Crown Grant to the Superintendent of Auckland of certain Land in the City of Auckland as a Site for a Temperance Hall, and the Sale thereof. No. 62. —An Act to authorize the Borrowing of the sum of Five Thousand Pounds for the purpose of constructing certain Sewers in the City of Nelson. No. 63. —An Act to enable the Superintendent of the Province of Canterbury to construct Harbour Works in the Harbour of Lyttelton, and to raise Money to defray the Cost thereof. No. 64. —An Act to grant Borrowing Powers to the Corporation of the Borough of Wanganui, to enable the said Corporation to construct Gasworks Waterworks and Drainage Works. No. 65. —An Act to vest the Wanganui Bridge and the Public Wharf at Wanganui in the Mayor Councillors and Burgesses of the Borough of Wanganui, and to provide for the raising of the Purchase Money by the said Mayor Councillors and Burgesses. No. 66.—An Act to vest the Management of the Wanganui Hospital and the Property thereof in the Mayor Councillors and Burgesses of the Borough of Wanganui. No. 67. —An Act to provide for the Management of the Wellington College. No. 68. —An Act to amend the Law relating to Public Health. No. 6i). —An Act to alter the mode of Election of Superintendents in the Province of Marlborough. No. 70. —An Act to grant Pensions to Charlotte Schafer, Ellen McGuire, and others. No. 71.—An Act to amend "The Distillation Act, 1868." No. 72. —An Act to make provisions for the Amendment and Continuance of "The Maori Representation Act, 1867." No. 73.—An Act to amend "The Privileges Act, 186 G." No. 74. —An Act to apply a Sum of Money out of the Consolidated Fund, and other Moneys, to the Service of the Year ending the Thirtieth day of June, One thousand eight hundred and seventy-three, and to appropriate the Supplies granted in this present Session.

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LOCAL AND PERSONAL. No. I.—An Act to provide for the Construction of a Tunnel through the Tokatea Range at Coromandel. No. 2.—An Act to amend " The Nelson City Gas Act, 1871." No. 3. —An Act to appropriate a certain Portion of the Town Belt of Dunedin to and for the purpose of a Public Cemetery, and to empower the Council of the City of Dunedin to manage the same. I have, &c, Governor Sir G. E. Bowen, G.C.M.G. KIMBERLEY.

No. 22. Copt of a DESPATCH from the Right Hon. the Earl of Kihberlet to Governor Sir G. E. Bowen, G.C.M.G. (No. 10.) Sir, — Downing Street, 31st January, 1873. I have the honor to acknowledge the receipt of your Despatch No. 99, of the 16th of November, enclosing a Ministerial Minute covering a Memorandum by the Colonial Treasurer of New Zealand on the subject of my Circular Despatch of the 19th April, 1872, relating to the Intercolonial Tariff Question. This expression of the views of the New Zealand Government will be duly considered by Her Majesty's Government, in connection with other expressions of opinion on the part of the Colonies concerned. I have, &c, Governor Sir G. E. Bowen, G.C.M.G. KIMBERLEY.

No. 23. Copt of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. E. Bowen, G.C.M.G. (No. 12.) Sir, — Downing Street, Bth February, 1873. With reference to the last paragraph of my Despatch No. 4, of the 18th ultimo, I transmit to you a copy of a Despatch from the Governor-General of Canada, with its enclosures, showing the nature of the legislation required for giving effect in that Colony to the Extradition Treaties with Germany and Belgium; together with a copy of a letter from the Eoreign Office, to which Department Lord Duffcrin's Despatch was communicated. I have, &c, Governor Sir G. E. Bowen, G.C.M.G. KIMBERLEY.

Enclosure 1 in No. 23. Lord Enfield to the Under Secretary of State, Colonial Office. Sir, — Foreign Office, 27th January, 1873. "With reference to your letter of the 15th instant, I am directed by Earl Granville to request that you will inform the Earl of Kimberley that his Lordship sees no objection to the proposal of the Canadian Deputy Minister of Justice to introduce into the Canadian Legislature a Bill which, upon being passed, would be subject to the Royal assent, with the view of facilitating the operation in the Dominion of the Extradition Act of 1870, and of the Treaties concluded or hereafter to be concluded under the provisions of that Act. Lord Granville is of course not in a position to give any opinion on the details of the proposed Bill. I have, &c., The Under Secretary of State, Colonial Office. Enfield.

Enclosure 2 in No. 23. Lord Dufferin to Lord Kimberley. (No. 121.) My Lord,— ' Ottawa, 18th December, 1872. I have the honor to enclose a copy of an approved Report of a Committee of the Privy Council on your Lordship's Despatches of the 12th of July and 22nd October, with which were 3—A. 2.

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transmitted to me for publication two Orders of Her Majesty in Council, for carrying into effect Treaties with the Emperor of Germany and with the King of the Belgians for the surrender of fugitive criminals. 2. I beg to direct your attention to the accompanying Report of the Deputy Minister of Justice relating to the legislative enactments on this subject that will be required in Canada. I have &c, The Right Hon. the Earl of Kimberley. Dufferin. Sub-Enclosure 1 to Enclosure 2 in No. 23. Copy of a Report of a Committee of the Honorable the Priw Council, approved by His Excellency the Governor-General on the 17th December, 1872. The Committee have had under consideration the Circular Despatch from the Right Hon. the Secretary of State for the Colonies, of the 12th of July last, enclosing for publication in Canada a copy of an Order of Her Majesty in Council for carrying into effect a Treaty between Her Majesty and the Emperor of Germany for the mutual surrender of criminals, which Treaty was signed at London on the 14th May last, and calling attention to the 15th Article, which declares that the stipulations of the Treaty shall be applicable to the Colonies, and provides for the manner of making and disposing of requisitions for the surrender of fugitive criminals who may have taken refuge in any Colony. Also, the Circular Despatch from the Secretary of State for the Colonies, of the 22nd October last, transmitting for publication a copy of a Treaty between Her Majesty and the King of the Belgians, for the mutual surrender of fugitive criminals, as well as a copy of the Order in Council of the 15th October, carrying that Treaty into effect. The Committee, on the recommendation of the Hon. the Minister of Justice, to whom the above-mentioned Despatch and enclosures were referred, respectfully advise that the Orders in Council respectively above named, in the English, French, and German languages, be published in the Canada Gazette. They further advise that the Report of the Deputy Minister of Justice of the 3rd of December, 1872, concurred in by the Minister of Justice, and hereunto annexed, be approved, and that a copy thereof, and of the present minute be transmitted by your Excellency for the information of Her Majesty's Government. Certified. W. A. Hemswortii.

Sub-Enclosure 2 to Enclosure 2 in No. 23. Department of Justice, Ottawa, 3rd December, 1872. Upon the Circular Despatch from the Secretary of State for the Colonies of the 12th of July last, enclosing for publication in Canada a copy of an Order of Her Majesty in Council, for carrying into effect a Treaty between Her Majesty and the Emperor of Germany for the mutual surrender of criminals, which Treaty was signed at London on the 14th May last, and calling attention to the 15th Article, which declares that the stipulations of the Treaty shall be applicable to the Colonies, and provides for the manner of making and disposing of requisitions for the surrender of fugitive criminals who may have taken refuge in any Colony : And also upon the Circular Despatch from the Secretary of State for the Colonies of the 22nd October last, transmitting for publication a copy of a Treaty between Her Majesty and the King of the Belgians for the mutual surrender of fugitive criminals, as well as a copy of the Order in Council of the 15th October, carrying that Treaty into effect: The undersigned has the honor to recommend that the Order in Council respectively above named, in the English, French, and German languages, be published in the Canada Gazette. The undersigned, however, begs to draw attention to ths fact that, whilst it is desirable, as suggested in previous Despatches of the Colonial Secretary, of the sth July, 1870, and the 23rd March, 1871, that Treaties of Extradition between Her Majesty and Foreign Powers should extend to Canada, and that the provisions of the Imperial Extradition Act of 1870 should apply to Canada, it is at the same time requisite that the Parliament of Canada should legislate upon the subject, with a view to affording facilities for carrying such Treaties into effect, which no doubt now exists in Canada under the Imperial Extradition Act of 1870. That Act, by section 17, when applied by Order in Council, shall, unless otherwise provided, extend to every British Possession ; and the 18th section saves the laws of British Possessions made before or after the passing of that Act, in case Her Majesty by the Order in Council shall so direct. Further, under section 27, the Imperial Acts mentioned in the Schedule are repealed, and the Act itself is made to apply, in the case of the Foreign States with which the Treaties mentioned in the Schedule are made, in the same manner as if the Order in Council referring to such Treaties had been made in pursuance of the Act, and as if such Order had directed that every law and ordinance which is in force in any British Possession with respect to such Treaties should have effect as part of that Act. In reference, therefore, to the Treaty between England and the United States of America, it is to be observed that the Imperial Act for giving effect to the same was not in force in Canada,

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inasmuch as by an Order of the Queen in Council, of the 19th June, 1868, its operation in Canada was suspended, in consequence of the passage by Canada of the Act 31 Viet. c. 94, which provided for the carrying into effect of the Treaty in Canada. It would appear, therefore, that the Canadian Act above referred to is not in any way interfered with as regards extradition with the United States, but that proceedings will be continued under the law, as if it were part of the Imperial Extradition Act of 1870. But the undersigned anticipates that some difficulty may arise in the practical working in Canada of " The Imperial Extradition Act, 1870," and of Treaties with Germany and Belgium which have since been made. The course of proceeding which is to be adopted in the United Kingdom for the apprehension of a fugitive criminal is laid down by section 8 and the following sections ; while section 17, subsection 2, declares the mode in which the machinery is to be put in operation in British Possessions. That subsection declares that all powers vested in, or acts authorized or required to be done under the Act, by the Police Magistrate and the Secretary of State, or either of them, in relation to the surrender of a fugitive criminal, may be done by the Governor of a British Possession alone (the interpretation clauses of the Act denning that to be the Governor-General of Canada). Referring, however, to the mode of proceeding in the United Kingdom, it appears that the surrender and apprehension may be effected in either of the two modes : — First, by a Police Magistrate on the receipt of the order from the Secretary of State, and on proper evidence; and Second, by a Police Magistrate or any Justice of the Peace of the United Kingdom, on proper complaint and evidence, &c.; but the power of the Justice of the Peace is limited to the issue of a warrant ordering the person to be brought before a Police Magistrate. It will be seen, therefore, that the officer who is, in all cases, in the United Kingdom, to investigate and adjudicate upon the case, is the Police Magistrate, and that in a British Possession those duties may be performed by the Governor-General alone. In Canada, the Police Magistrates are officers appointed by the local Governments of the General Provinces, and are not amenable to the authority of the Government of Canada. They are amongst the officers originally named in the Act of Canada of 1868, 31 Viet. c. 94, as empowered to issue warrants for the apprehension of the fugitive, and investigation of the charge, with power to commit the person apprehended to the proper gaol, until surrendered or discharged according to law. It was, however, found inadvisable in practice that these officers should be charged with the performance of those duties; and accordingly, in 1870, by 33 Viet. c. 25, so much of the Act as permitted any Police Magistrate and Stipendiary Magistrate in Canada, or any Judge of the Sessions of the Peace in the Province of Quebec, or any Inspector or Superintendent of Police empowered to act as a Justice of the Peace in the Province of Quebec, to act or adjudicate in the matter, was repealed. The authority therefore to act under 31 Viet. c. 94 is now vested in any Judge of Her Majesty's Superior Courts of Canada, or any Judge of a County Court of Canada, or any Commissioner appointed for the purpose by the Governor under the Great Seal; and practically it is found most expedient to appoint a Commissioner for the purposes of the Act, which is the course adopted in this respect by the United States. The undersigned, therefore, has the honor to recommend that legislation should be had on the subject by Canada, and that similar provisions to those contained in the Act of Canada for carrying the Treaty into effect as regards the United States of America, varying them, however, to meet the provisions of the Imperial Extradition Act of 1870, should be brought before the Legislature, and having reference to any Treaties of Extradition which have been or hereafter may be made between Her Majesty and any Foreign State, and by Order in Council of Her Majesty extended to Canada. Such an Act would of course be reserved for the signification of Her Majesty's pleasure; but if it received the Royal assent, it would also be requisite, under section 18 of the Imperial Act of 1870, that an Order of the Queen in Council should direct that such law should have effect in Canada, as if it were part of the said Imperial Act. H. Bernard, D.M.J. I concur.—John Macdonald.

No. 24. Copy of a DESPATCH from the Right Hon. the Earl of Kimbeelet to the Officer Administering the Government of New Zealand. (No. 13.) Sir, — Downing Street, 14th February, 1873. I have the honor to inform you that Her Majesty will not be advised to exercise Her power of disallowance with respect to the following Acts of the

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Legislature of New Zealand, transcripts of which accompanied Sir G. Bowen's Despatch No. 97, of the 16th of November last, viz.:— No. 39. —" An Act to amend and consolidate the Law relating to the Sale, " Letting, and Occupation of Waste Lands of the Crown within the Province of " Otago." No. 40. —" An Act to amend an Act to regulate the Sale, Letting, Disposal, " and Occupation of the Waste Lands of the Crown within the Province of " Nelson." No. 43 "An Act to provide for the Sale of Land in the Province of 11 Hawke's Bay on Deferred Payments, and for the setting apart of Land in the " Province for Special Settlement." I have, &c, The Officer Administering the Government KIMBERLEY. of New Zealand.

No. 25. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to Governor Sir G. F. Bowen, G.C.M.G. (No. 14.) Sir,— Downing Street, 28th February, 1873. I have to acknowledge yoiu* Despatch, No. 111, of the 18th of December, reporting your visit to the Province of Canterbury for the purpose of opening the Exhibition at Christchurch of articles to be contributed from New Zealand to the Exhibition at Vienna. I have also received your further Despatch, No. 112, of the 24th of December, reporting your visit to Dunedin, and the reception you met with there. I have, &c, Governor Sir G. E. BowQn, G.C.M.G. KIMBERLEY.

No. 26. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to the Officer Administering the Government of New Zealand. (Circular.) Sir, — Downing Street, 3rd March, 1873. As the absence of any indication of the dates of the despatch of telegraphic communications received in this Department from the Colonies may occasion considerable inconvenience, I have to request that you will give such instructions as may insure that in all cases the date of the despatch of each telegram shall be stated. The safest course will be to embody the date of transmission in the message itself. Similar precautions will be adopted in this Department. I have, &c, The Officer Administering the Government KIMBERLEY. of New Zealand.

No. 27. Copy of a DESPATCH from the Eight Hon. the Earl of Kimberley to the Officer Administering the Government of New Zealand. (Circular.) Sir, — Downing Street, 4th March, 1873. I transmit to you, for your information, a copy of a pamphlet prepared by Major Dv Cane, Chairman of the Directors of Convict Prisons in England, for the use of the recent International Prison Congress, giving an account of the manner in which sentences of penal servitude are carried out in England.

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I have to recommend this able exposition of an important subject to your attentive consideration. I have, &c, The Officer Administering the Government KIMBERLEY. of New Zealand. (Enclosure filed in General Assembly Library.)

No. 28. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to the Officer Administering the Government of New Zealand. (No. 17.) Sir,— Downing Street, 12th March, 1873. I have received Sir George Bowen's Despatch No. 110, of the 11th of December, conveying the opinion of the Attorney-General of New Zealand that the Imperial Extradition Act of 1870 requires amendment in certain points before Treaties founded upon it can be brought into operation in the Colony. I have to refer you to my Despatch No. 12, of the Bth of February, enclosing copies of correspondence which passed relating to the Canadian Bill for giving effect to the Extradition Treaties with Germany and Belgium. It will be seen from that correspondence that the difficulties felt in New Zealand in giving practical effect to Extradition Treaties can be removed by local legislation, and that a Bill to facilitate the operation of the Treaties in the Colony should be reserved for Her Majesty's assent. I have, &c, The Officer Administering the Government KIMBERLEY. of New Zealand.

No. 29. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to the Officer Administering the Government of New Zealand. (No. 20.) Sin, Downing Street, 27th March, 1873. I have to acknowledge Sir George Bowen's Despatch No. 109, of the 10th of March, conveying the request of his Ministers to be informed on what terms the establishment of a branch of the Royal Mint in New Zealand would be sanctioned. The Lords Commissioners of the Treasury, to whom the Despatch was referred, have stated their opinion that, without further experience of the effects of two branches of the Royal Mint being in operation at the same time, in such close proximity to each other as those at Sydney and Melbourne, it would be inexpedient to sanction the establishment of a third ; and they think that further time should be allowed to elapse before the question is reopened. I have, &c, The Officer Administering the Government KIMBERLEY. of New Zealand.

No. 30. Copy of a DESPATCH from the Right Hon. the Earl of Kimberley to the Officer Administering the Government of New Zealand. (No. 28.) Sir,— Downing Street, 30th April, 1873. I have received and laid hefore the Queen the Address to Her Majesty from the powerful clan of the Ngapuhis, on the occasion of the recovery of His Royal Highness the Prince of Wales, which was transmitted in Sir G. Bowen's 4—A. 2.

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Despatch No. 11, of the lltli of February; together with an English translation, and a Memorandum by the Minister for Native Affairs. I am commanded by the Queen to instruct you to convey to the Chiefs of the Ngapuhi Clan, Her Majesty's thanks for their kind expressions of sympathy and congratulation, and to assure them that Her Majesty warmly appreciates the spirit of loyalty to the Crown, and of attachment to the person and family of the Sovereign, which is displayed in their Address. You will further assure them that the Queen continues to regard with Her Royal favour the Native Chiefs and Tribes of New Zealand, residing under Her Majesty's Government, and that Her Majesty will always take a lively interest in the welfare and prosperity of the Native Tribes. 1 have, &c, The Officer Administering the Government KIMBEELEY. of New Zealand.

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