A.—2

9

I should mention that notice of appeal to the Privy Council has been given in both suits; and I have instructed my London agents, Messrs. Peachey and Lloyd (whose address is S, Frederick Place, London, E.C.), to do what may be necessary in support of the decrees. My having done so will not, however, occasion any difficulty, as I will write by the outgoing mail requesting them to hand over the papers to any person who may be appointed by the Home authorities to attend to the matter. I have, &c, His Excellency Sir Hercules G. E. Eobinson, K.C.M.G.,- John Williams. Governor of the Colony of New South Wales.

Enclosure 2 in No. 11. The Earl of Caenaeyon to Sir Heectjles Eobinson. (No. 50.) Sib, — Downing Street, September, 1874. In reply to your Despatch No. 143, of the Ist December, I have the honor to inform you that the question of the appointment of a Queen's Proctor in New South Wales for the conduct of prosecutions under the Kidnapping Act of 1872 was submitted for the consideration of the Lords Commissioners of the Treasury and of the Admiralty, being the two departments directly interested in the subject.' The result of a correspondence between those departments and this office has shown that the Lords Commissioners of tho Admiralty are upon the whole of opinion that it is not desirable that such an appointment should be made. With reference to the opinion which you have stated to prevail in the colony under your Government, that cases instituted under the Act of 1872, in the Vice-Admiralty Courts, are undertaken at the risk and expense of the Lords Commissioners of the Treasury, you will observe, from the enclosed portion of the correspondence above referred to, that the state of the case has been somewhat misapprehended, and that their Lordships are not prepared to meet any expenses under the 19th section of the Act, except where they are satisfied that such expenses have been properly incurred. The question is not one which affects the colonial revenues, as it is confined to proceedings in the Vice-Admiralty Courts, the costs of which would not fall upon these revenues, and I do not therefore think it necessary to transmit to you copies of the correspondence between the Treasury and Admiralty, showing the conclusion which has been arrived at as to when the captors and when the Lords Commissioners of the Treasury may respectively be considered liable for such expenses. I have, &c, Governor Sir Hercules Bobinson, K.C.M.G. Caenaeyon.

Sub-Enclosure to Enclosure 2 in No. 11. The Teeast/by to the Colonial Ofpice. Sic, — Treasury Chambers, 11th April, 1874. With reference to Sir H. Holland's letter of 13th February last, addressed to the Secretary to the Admiralty, wherein was enclosed a copy of Sir H. Bobinson's Despatch No. 143, dated Ist December, 1873, upon the subject of appointing a Queen's Proctor in New South Wales, for the conduct chiefly of prosecutions under the Kidnapping Act of 1872, copies of which letter and despatch have been communicated to the Lords Commissioners of Her Majesty's Treasury from the Admiralty, I am directed by my Lords to request you to bring under Lord Carnarvon's notice in connection with this correspondence Sir H. Holland's letter to the Secretary to the Treasury dated 30th September last, and that you will move his. Lordship to cause my Lords to be informed what steps his Lordship intends to take in order to correct the opinion which is said to prevail in New South Wales, that cases instituted in Vice-Admiralty Courts under " The Kidnapping Act, 1872," are undertaken at the risk and expense of my Lords under the 19th section of the Act. Sir H. Holland's letter, last referred to, recognizes most explicitly the primary liability of the captors. My Lords entirely concur in that view, and are not prepared to assume any responsibility beyond it. They will not meet any expenses under the 19th section, except where they are satisfied that such expenses have been properly incurred. Should my Lords ultimately decide to agree to the appointment of a Queen's Proctor, the appointment will imply that they intend discretion on their behalf to be exercised iv what suits are undertaken— that the Queen's Proctor will not be bound to undertake any suit at the mere instance of the captors, who, if they are dissatisfied with his refusal, can employ their own agent, and that my Lords will be answerable for costs in no suits except such as the Queen's.Proctor undertakes. My Lords have caused the Lords Commissioners of the Admiralty to be furnished with copies of Sir H. Holland's letter of the 30th September last, and of the letter which I have the honor of addressing to you. I have, &c., The Under Secretary of State, Colonial Office. Wm. Law.

No. 12. Copy of a DESPATCH from the Eight Hon. the Earl of Carnarvon to the Officer Administering the Government of New Zealand. (Circular.) Sir, — Downing Street, 18th September, 1874. I transmit to you, for general information in the colony under your 2—A. 2.