A.—No. 4.

No. 4. THE HOMOBABLE COLONIAL SECBETABY TO THE 81IPEBINTENDENT OTAGO. Colonial Secretary's Office, Auckland, 2nd September, 1864. Bib,— With reference to your Honor's letter dated 4th of July last, in which are enclosed certain Ordinances to which your Honor had assented, I regret to inform you that the four Ordinances hereuuder specified, will have to be disallowed on Legal Grounds. " The Criminals' Ordinance, 1864." " The Licensed Hawkers' Ordinance, 1864." "The Bush Fires Ordinance, 1864," and "The Medical Practitioners' Ordinance, 1864." I proceed to inform your Honor of the respective reasons which compel Ministers to advise His Excellency the Governor to disallow these four Ordinances. "The Criminals' Ordinance, 1864" is clearly beyond the power of a Provincial Legislature, and the rule in such eases has been to advise the disallowance of the Ordinance. " The Licensed Hawkers' Ordinance, 1864" has been assented to by your Honor on behalf of the Government and not of the Governor. The Constitution Act explicitly states that the assent of a Superintendent must be on behalf of the Governor. The Ordinance therefore, must necessarily be disallowed. "The Bush Fires Ordinance, 1864" is in its third section, beyond the power of a Provincial Legislature, as by fixing no limit to the sum to be recovered in a summary way, it contravenes the Act of the General Assembly entitled " The Provincial Council Powers Act, 1856." The Ordinance is disallowed on that ground, but I have also to point out to your Honor that the penalty inflicted in the second section, namely, £40 (Forty Pounds) or imprisonment for six months, for the oftence of a person leaving the spot where he has lighted or caused to be lit, a fire, until it is extinguished, is in the opinion of the General Government excessive. " The Medical Practitioners' Ordinance, 1864" has the same radical defect, as tho " Licensed Hawkers' Ordinance, 1864" having been assented to by your Honor on behalf of the Government and not of the Governor, also section 21 is ultra vires, as it purports to define the legal interpretation of terms used in Acts of the Imperial Parliament and of the General Assembly, in the former case without any reservation. A Proclamation of the disallowance of these four Ordinances will be issued in the New Zealand Gazette. I have, &c, William Fox. Hie Honor the Superintendent, Otago. ____________________ No. 3. STJPEEINTENDENT OTAGO TO THE HONOBABLE COLONIAL SECBETABT. Province of Otago, N. Z. Superintendent's Office, Dunedin, 27th September, 1864. Sib,— I hare the honor to acknowledge the receipt of your letter of the number and date quoted in the margin, informing me of the disallowance of the " Criminals' Ordinance, 1864," " The Licensed Hawkers' Ordinance, 1864," " The Bush Fires' Ordinance, 1864," and " The Medical Practitioners' Ordinance, 1864.." I have, &c, J. Htde Habbis, Superintendent. The Honorable the Colonial Secretary, Auckland. No. 6. BTJPEBINTENDENT OTAGO TO THE HONOBABLE COLONIAL BECBETABT. Province of Otago, N. Z., Superintendent's Office, Dunedin, 22nd August, 1864. Sib,— I do myself the honor to forward the following Ordinances passed at the last session of the Provincial Council of Otago, to which I have assented on behalf of His Excellency the Governor, viz.: 1. " The Superintendent's Indemnity Ordinance, 1864." 2. " The Education Reserves Ordinance, 1864." 3. " Kerosene and Paraffin Oils Ordinance 1863 Amendment Ordinances 1864." 4. " Hawkesbury Roads Lands Ordinance, 1564." 5. " Southern Trunk Road Lands Ordinance, 1864." 6. " Kaikora District Roads Lands Ordinance, 1864." 7. " Anderson's Bay District Roads Lands Ordinance, 1864." 8. " Tokomairiro District Roads Lands Ordinance, 1864." 9. " Taiaeri District Roads Lands Ordinance, 1864."

2nd September, 1664.

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