A—No. 1
4 PAPERS RELATIVE TO DISALLOWANCE OF PROVINCIAL BILLS. No. 4. copy of a DESPATCH from mr. Stafford to the superintendent of Auckland. Colonial Secretary's Office, Auckland, 25th March, 1861. Sib,I have to acknowledge the receipt of your Honor's letter No. 25 of the 27th ultimo, covering copies of the following Acts:—" The Harbour Endowments Act Amendment Act, 1861," " Appropriation Act, 1861," "Licensing Act Amendment Act, 1861," passed by the Auckland Provincial Council, to which your Honor has assented on behalf of the Governor. The Governor has been advised to leave "The Appropriation Act, 1861," and "The Licensing Amendment Act, 1861," to their operation. With respect to the " Harbour Endowments Act Amendment Act, 1861," I have to observe that the Provincial Legislature had no power to pass this Act. " The Auckland Harbour Debenture Act, 1830," passed by the General Assembly makes the Debentures issued under that Act a first charge on the Endowments, but Section 11 reserves to the Superintendent the powers given by the Provincial Act, Session XI, No. 2. Those powers, therefore, may still be exercised, and it is not competent to the Provincial Legislature to authorize the creation of any other estate or interest, as such would be inconsistent with the provisions of the Act making the Debentures a first charge. His Excellency has accordingly been advised to disallow the " Harbor Endowments Act Amendment Act, 1861," and a Proclamation disallowing it will be issued accordingly. I have, &c, E. W. Stafford. His Honor the Superintendent, Auckland.
(No. 165.)
copy of a DESPATCH from mr. Stafford to the superintendent of Auckland. Colonial Secretary's Office, Auckland, 26th March, 1861. Sir, — I have to acknowledge the receipt of your Honor's letter No. 20 of the 21st ultimo, transmitting "The Auckland Representation Apt, 1861," passed by the Auckland Provincial Council and reserved by your Honor for the Governor's assent. The fourth section of this Act, purporting to provide for the formation of Electoral Rolls for the election of Members of the Provincial Council is in contravention of the third and fourth sections of the Act of the General Assembly, intituled "The Provincial Elections Act, 1858," making other provision for that purpose, and is therefore illegal. His Excellency has consequently been necessarily advised to withhold his assent to this Act, and that Assent has been withheld accordingly. I have, &c, E. W. Stafford. His Honor the Superintendent, Auckland.
(No. 166.)
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