TO THE GOVERNOR OF NEW ZEALAND.

15

A.—No. la,

No. 81. —An Act for the Interpretation of Acts of the General Assembly of New Zealand, and of Ordinances of the Legislative Council of New Zealand. With reference to the Act No. 24, to declare the law and practice in cases of Escheat, I think it desirable that you should know that in the cases of the West India and of other Colonies, the details of this question were carefully considered, and it was thought that, with the view of fairly protecting claimants who might be at a distance from the Colony, the period, which in the present Act is referred to in the fourth section, and fixed at seven days, should be two or three calendar months, and that the period which by the present Act is fixed, by section eight, at six calendar months, should be twelve calendar months. I am disposed to concur in this view, and should be glad that these points should be brought under the consideration of your Responsible Advisers. I also think it necessary to call your attention to a provision contained in " The Supreme Court Practice and Procedure Amendment Act, 1868." The second section of this Act is in terms ultra vires, in so far as it " requires" the person authorized to take the evidence of witnesses in places out of New Zealand to take such evidence; in other words it affects to confer authority to be exercised out of the Colony. The correct mode of legislating would be to enable the Court to authorize the issuing in New Zealand of a Commission (without, however, authorizing or requiring any person to hold it out of the Colony), and to provide that the depositions taken upon oath under such Commission, and with such other formalities, if any, as it might be proper to specify, should be admissible in evidence, as if such depositions had been taken upon oath within the Colony. I should wish this point to be brought under the consideration of your Responsible Advisers, in order that this defect may be removed in any future amendment of the Act. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 24. Copy of a DESPATCH from' the Right Hon. Earl Granville to Governor Sir G. P. Bowen, G.C.M.G. (Circular.) Downing Street, 26th January, 1869. Sir, — (Beceived at Wellington, 2nd April, 1869.) I transmit to you, for your information, the copy of a correspondence with Mr. Fitzherbert, the Colonial Treasurer of New Zealand, upon the subject of a suggestion made by him respecting the naval defence of the Australasian Colonies. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE. Enclosure 1 in No. 24. Mr. Fitzheebert to the Duke of Buckingham. My Loed Duke, 21 Cockspur Street, S.W., 27th November, 1868. I have transmitted certain Memoranda for the consideration of your Grace, relating to subjects which I was instructed to bring under the notice of the Home Government, and which have formed more or less the subject of conversation at the interviews with which I have been favoured. As my stay in this country is drawing to a close, I venture to press for a decision on tho points thus submitted to your attention. I . .^ Outside, however, tho limited request of the Colony of New Zealand for assistance towards the protection of its harbours, as preferred in the Memorandum on defence, there is a much larger view of the subject of external defence ; and as it is one of great importance, no less to the Mother Country than the Australian Colonies, I should, as I conceive, but inadequately discharge my duty if I failed to bring it under your consideration. I refer to the naval defence of the Australasian Colonies. It is probable that in the case of war with any maritime Power, one of the first points of attack would be the gold traffic between England and her gold-producing Colonies. That would in fact offer the greatest war-prizes. It is, I believe, known as a fact that a few years ago the Bussian fleet at Petropolowski was prepared to make a descent upon the Australian Colonies. I need not dwell upon the consequences to English commerce' of the sudden stoppage of the great trade now carried on between the two countries, and of that regular influx of gold which sustains in no insignificant degree