A. No. 8

No. 4. The Hon. the Colonial Seceetaey to the Supebintendent, Marlborough. Sic, — Colonial Secretary's Office, Auckland, 16th January, 1865. I have to acknowledge the receipt of your Honor's letter of the 28th ultimo, in further reference to " The Wharves Regulation Act" reserved by your Honor for the signification of the Governor's pleasure thereon, and transmitted in your letter of the 28th October last. Ministers regret that they cannot recommend His Excellency to assent to the Bill in question. Reserves granted under " The Public Reserves Act, 1854" can only be dealt with under that Act, and if wharves have been erected (as it would appear from your letter) upon land not granted to the Superintendent, the Provincial Legislature cannot empower the Superintendent to grant leases of such land or of tolls payable in respect of wharves erected thereon. I have, &c, Waltee Mantell, His Honor the Superintendent, Marlborough. (for the Colonial Secretary.) PROVINCE OR."CANTERBURY. No. 1. The Supebintendent, Canterbury, to Hon. the Colonial Seceetaey. Superintendent's Office, Sic, — Christchurch, Canterbury, New Zealand, 18th October, 1864. I have the honor to transmit herewith copies of two Ordinances to which I have assented on behalf of His Excellency the Governor, viz.,— " The Wakefield Settled Estate Ordinance, 1864 ;" " The Christ's College Loan Ordinance, 1864." I have, &c., S. Bealey, The Hon. the Colonial Secretary. Superintendent. No. 2. The Hon. the Colonial Seceetaey to the Supebintendent, Canterbury. Sib, — Colonial Secretary's Office, Auckland, 2nd December, 1864. I have to acknowledge the receipt of your Honor's letter No. 312, of the 18th ultimo, transmitting copies of two Ordinances entitled respectively— " The Wakefield Settled Estate Ordinance, 1864 ;" and " The Christ's College Loan Ordinance, 1864." The Hon. the Attorney-General, to whom these Ordinances were referred, is of opinion that they are open to objection on the ground of their not containing the usual saving clause, as directed in the Royal Instructions to the Governor (published in the Appendix to the Journals of the House of Representatives, 1862, A.—No. 1, page 5, in the following terms : — " Sixth. When any Bill is presented to you for Our assent of either of the clauses hereinafter specified, you shall (unless you shall think proper to withhold Our assent from the same) reserve the same for the signification of Our pleasure thereon—subject, nevertheless, to your discretion, in case you should be of opinion that an urgent necessity exists requiring that such Bill to be brought into immediate operation, in which case you are authorised to assent to such Bill in Our name, transmitting to Us by the earliest opportunity the Bill so assented to, together with your reasons for assenting thereto ; that is to say : "5. Any private Bill whereby the property of any individual may be affected, in which there is not a saving clause of the rights of TJs, Our heirs and successors, and of all bodies politic or corporate, and of all other persons excepting those at whose instance or for whose especial benefit such Bill may be introduced, and those claiming by, from, through, and under them." By analogy to the practice in the case of Estate Bills passed by the General Assembly, His Excellency cannot be recommended to sanction a Provincial Ordinance without such clause. But, independently of this objection, the question as to the expediency of Ordinances of this kind being passed by Provincial Legislatures is under the consideration of the Government, and it is probable that some legislation on this subject may be proposed in the next session of the General Assembly. Under these circumstances Ministers regret that they will be compelled to advise His Excellency to disallow the two abovenamed Ordinances. 1 have, Ac, Feed. A. Weld. His Honor the Superintendent, Canterbury. No. 3. The Hon. the Colonial Seceetaey to the Supebintendent, Canterbury. Sic, — Colonial Secretary's Office, Auckland, 22nd December, 1864. With reference to my letter No. 378, of the 2nd instant, I have now to transmit to your Honor the accompanying New Zealand Gazette (No. 8, 16th December, 1864), containing a Proclamation disallowing the " Wakefield Settled Estate Ordinance, 1864;" and " The Christ's College Loan Ordinance, 1864." I have, &c, Heney Sewell, His Honor the Superintendent, Canterbury. (For the Colonial Secretary.)

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