CORRESPONDENCE.

Lyttelton Times, Volume III, Issue 120, 23 April 1853, Page 8

CORRESPONDENCE.

Wellington, March 24, 1853. The following Letter has been handed to us for publication :—

Deak Mb. Fitzgekai,t>,—-I read your letter in the Lyttelton Times of March 12th; also various letterg from sundry anonymous assailants, with whom (not meaning personal disrespect) I cannot enter into a newspaper controversy. With you the case is otherwise, —you have put your name to your letter, and permit me to express my sincere satisfaction at your having done so, as it enables me to address you freely and openly.

I wish I were at Lyttelton, but I am detained here unexpectedly, and am so pressed with business that I cannot write as fully as I wished before the vessel sails. In the meantime I trust that your honourable

zeal in defence of an absent man will extend itself to me, and should my present letter not prove perfectly satisfactory, that you will bear with me awhile till my return to Lyttelton when we may meet face to face.

And first, a word or two as to Mr. Godley. You seek to fasten on me an intention to reproach him with having wilfully mis-applied the Association's funds. I disclaim any such intention. I mean no personal reflection on Mr. Godley, but I cannot help stating the case plainly as it is, in order to explain my own course of proceeding. The question between us is one of judgment and opinion. Mr. Godley, if here, would probably think me wrong—as I think him wrong. We cannot, help such differences, but it is worse than idle to foment them into occasions of quarrel.

Now as to the Accounts. You demand instantly, and in a somewhat imperious and hostile tone, a digest of the Association's Accounts for popular information. When I first arrived I found the mind of the Colony full of rancour and suspicion on this subject. I came to the conclusion that however unreasonable and groundless, it would be right instantly to quiet these feelings as far as lay in my power. So I stated in my letter to Mr. Brittan what was one of the purposes of my mission, namely, to place the entire accounts of the Association in a complete form before the Provincial Council so soon as it shall meet. That,, in my opinion, should have been sufficient, nor do I think you have any just grounds for impatience, during the short interval which must elapse before the meeting of the Council. Bear in mind what I have said as to the impossibility of closing the English accounts before the 30th of September—as to my reasons for not having brought them with me—and as to my being in expectation of receiving them by the " Tasmania." I hope they have arrived. Then I shall have to embody in them the more recent Colonial accounts—not received in England when the " Tasmania " sailed. I mention these necessary and obvious causes of delay. But it was my intention before your letter appeared to prepare, if possible, before the meeting of the Council, a statement containing a clear view of the Accounts for popular information. Your letter, indeed, and its hostile tone, had a natural tendency to provoke on my part a counter-spirit of irritation and resistance. But I will not give way to such feelings, and notwithstanding your letter, will endeavour as-soon as I can to complete such a statement as I had intended.

In the meantime let me assure you that the Colony has had expended on it very many thousand pounds beyond the proceeds of Land sales,' and that the true question is, not whether :the, Association has expended the whole, of .the Land fund, but how private individuals , maybe re-imbursed very large, advances; ;-:;The result will shew, not

a faultless management of the Association's affairs, for many faults have been committed which no one will more readily acknowledge than myself,—but an honest administration, and a disinterested generosity which I cannot but think deserves a better return than it has received.

Now as to the Ecclesiastical fund, and the Bishopric Endowment. When the Government was applied to, to found a new Bishopric, Lord Grey reasonably required a fixed guarantee for a sufficient endowment. To satisfy this requisition £10,000 was lodged with the Treasurers of the Colonial Bishopric's Fund. It lay for some time in the Bank of England, producing about 2 per cent. Our plan always was to invest it in more profitable Securities, and if possible within the Colony. The Association being under the necessity of borrowing money, of course looked to their property in the Colony as a means of effecting their object. I am happy to say that Mr. Godley concurred on this point with the Committee and himself specifically recommended that course. Unless lam mistaken you also recommended and approved of it. Indeed, as a dry matter of business, it was obviously prudent and right. It occasions me no small surprize to hear the propriety of this measure now impugned by yourself. As to the legal Title of the Association so to deal with their property, I cannot enter into discussions with any one, except in the usual form in which.such Questions are settled,—viz., through a Court of Law.

As to their moral and equitable Title, I was not prepared to find a question raised, at least, by yourself. It may be well for me to state clearly my views on that point. Here is considerable property of various kinds, dedicated to various purposes, more or less public. A man may say,—Here is a public landing-place, the use of which is in a manner guaranteed to the public : you have no business to convert that into a private wharf; or, —Here is a Town belt set apart for public recreation and health : you must not permit it to be built on, or broken up into small allotments for tillage. I agree in this, nor can I account for the notion which has got abroad as to the Association having entertained a contrary view. On the other hand this property though public in one sense, and to be preserved as such, possesses value like other private property. There are Tolls from the Jetty, Rents from the Pasturage of the Town Belt, as well as from wharves at Lyttelton, Agent's house, buildings,.&c. Some of this might, I think, be sold without impropriety and without detriment to the public service. Now who is entitled to the benefit of this, looked at as mere property? Your view, if I rightly understand it, is, that the Association and its individual members, in particular Lord Lyttelton, Mr. Simeon, &c, are in duty bound to provide funds for all the needs of the Colony, from their private pockets, they are to be allowed no interest in, or lien, upon property legally vested in themselves, which their money has directly or indirectly been the means of creating or giving value to. I will not ask is this generous ? Is it liberal ? But is it equitable ? Is it honest ? lam quite sure it is not law. And yet you hold this language at the vefy time you are urging me under peril of being thought mad, to continue the drain upon these gentlemen's pockets. Ido not think the madness lies on my side.

The Committee acting on my view of the case, and in accordance with Mr. Godley's suggestions, (may I not add with your own ?)• determined as I have said to borrow money upon this security. It was and is of large value. lam told that it is worth between £20,000 and £30,000, sufficient at all events to afford abundant security for £10,000. That sum belonging to ourselves

was lying comparatively unproductive in the Bank of England. It appeared to us every way prudent and right to take that sum upon mortgage of our own estates. Lord Grey was apprised of the proposed arrangement. He left the Association to do what they thought right. The Trustees of the Colonial Bishopric's Fund, Sir John Coleridge, Mr. Gladstone, and Mr. Hubbard, were applied to. I myself had several interviews with them, particularly with Mr. Hubbard, then Deputy-Governor of the Bank of England. I explained our object. Though disclaiming responsibility for the investment, he expressed his entire approval of the plan, which he said agreed very much with their ordinary practice in similar cases. A proper mortgage security was prepared, which I may add was looked over with some attention by Sir John Coleridge, and eventually the transaction was completed. A mortgage was executed by the Association for £10,000, at 6 per cent interest, to the Trustees for securing this as part of their Ecclesiastical Funds. The money was transferred to the. Association's Bankers, and its expenditure will be duly accounted for. I hold the mortgage deeds and a Power of Attorney from the Trustees. The transaction was communicated to Mr. Godley and a copy of the mortgage deed sent to him. It is part of my business to see to the proper execution of the terms of this mortgage, in particular that interest at the specified rate be duly accounted for to the Ecclesiastical Fund. I have been asked how, considering that this fund was intended specifically for an endowment of the Bishopric, is it to be made available for gene-; ral Ecclesiastical purposes ? My answer is simple, viz., that until a Bishop is appointed, the income is properly disposable in that way. .

Such being the transaction (with the particulars of which permit me to say you are yourself acquainted) my duty'when on arrival I found the incomes of the clergy suspended for want of funds, was to insist on placing to the credit of the Ecclesiastical Fund the income of the £10,000, viz., £600 per annum, as I explained in my letter to Mr. Brittan.

Now as to the residue of the Ecclesiastical Fund. Considerable sums have been expended as you are aware in providing Chaplains for ships, for expenses connected with Mr. Jackson's Mission to the Colony, for stipends to the Clergy, for buildings, &c. I am not now about to discuss the prudence of these several items of outlay, some of which may be open to remark. There still remained, however, in hand a considerable sum, and this has been laid out pursuant to the powers of our Act in the purchase of land—l think to the amount of £12,000 or £13,000. The policy of this arrangement I have heard questioned, and I am far from saying that differences of opinion may not be fairly entertained upon it. My opinion, as that of a person specially bound to defend the transaction, :would carry no weight, and I therefore leave it to the fair judgment of the colonists, believing that on the whole they will approve of it. The colony has had the benefit of the money which otherwise would have been laid out in other investments. The Church will at no distant day find itself in possession of larger revenues than it could have derived from any other source, whilst I trust that no inconvenience will be sustained in*" the meantime, but that temporary expedients may at all events be found for making provision for current needs.

All this has been explained to Mr. Godley. Since I have been here I have given similar explanations to yourself and others, and it is strange that any mystery should be affected about matters simple in themselves and perfectly notorious. ? About the land office—What I have said

will indicate clearly my views. The property of the Association is in the first place chargeable with its liabilities, and the first

yqf these is the mortgage debt of £10,000 ■faith annual interest at £600 per annum. Deeply regretting, as I do, the difference of opinion between us on this point, I must regard any different application of this property or its accruing income as inconsistent with plain rules of right.

How then are we to provide for the expense of the Land and Survey establishment ? Here two questions occur: Ist, How are we to satisfy claims of actual purchasers to be put into possession of their hands? 2nd, How shall we keep the business alive for fresh comers, and particularly, which is most important, how shall we keep on foot new lettings of Pasturage Runs ? As to the first—Clearly the Association are bound to fulfil that, amongst their other engagements, and under any circumstances, provision would be made for it. As to the second—Though I think it very important to keep open the establishment, yet rather than have thrown additional burthen on private individuals in England, we must needs have closed it. The term madness which you apply to such a step is, pardon me for saying so, exaggerated and inappropriate. It is simply a question of high expediency. Captain Simeon and I so considered it—and therefore came here to make arrangements, if practicable, with Sir George Grey. lam happy to say that His Excellency takes the same view with ourselves, both as to the im-

portance of keeping up the establishment, and the duty of providing the expense from other sources than the pockets of private

persons. There need therefore be no apprehension on that score.

I have a great deal more to say, but I cannot write more at present. I shall take the opportunity which your letter affords, of addressing you on many topics which have yet to be discussed, and about which a good deal of misapprehension exists. In doing so, I shall venture to use such freedom of language as may be consistent with that courtesy and friendly feeling which I earnestly desire to preserve between us. On my part I invite you to use similar candour. In case of mutual misunderstanding, plain speaking*is infinitely the best. I may say that no terms of censure or reproach as to the part I have taken in the management of the Association's affairs can be half so painful as sullen and silent distrust.

Believe me to remain, My dear Mr. Fitz Gerald, Your's faithfully, Henby Seweii-

To the Editor of the Lyttelton Times.

" Cur me querelis examinas tuis? .... non si male nunc, et olim . Sic erit."

Sib, —To allay the fears that oppress the mind of " Z.Y.X.", lest he be dubbed the man of the'" last words," as well as "letters," I offer him a compromise : the " last letter" shall remain his; the " last words" mine. Woman-like, I shout, f ■ Well, it was a blue bonnet, after all, if I die for it!" At first, finding I had brought down upon my shoulders the most prolific of your correspondents; I felt, quite "sorry I spoke." I then first noticed, with indefinable alarm, that symbols, algebraically expressive of unknown quantities, composed his " norn de guerre;" and contemplated, not without trepidation, the maze of controversy my rashness bad possibly involved me in. Yet, on reconsideration, it appeared that iv *!these letters reversed, like the British ensign in the same; predicament, were, afier all, only meant to convey, with a sort of telegraphic succinctness,! "Town Reserves in Distress!"

Z. X. V.'s, lusty shouts for help thus pointed to the inference, —that he was not altogether uninterested in their salvage. So far relieved in mind, a "Cockle's antibilious," taken immediately, had the happiest effect in arresting that

excessive, secretion of bile from which, with almost professional sagacity, he discovered I was suffering. But first a word as to Town Reserves. If public property, it is but right they should he so managed as best to contribute, if it cannot be to the enjoyment, then to the benefit of the Public; not that portion of it merely, who, living all round and contiguous to these " much vexed" reserves, would have them as mere commons for depasturing every kind of troublesome brute ; but Kaikora Bill, Timaru Jack, and myself, have not set up our Lares and Penates on adjacent sections; we ride into town but once a twelvemonth. The share we were likely to get off the Reserves, if to be taken out " in kind"— .say half-a-dozen blades off the desolated stump of a wiry tussac —would not, at the end of a day's feeding, leave our nags so alarmingly blown as to require our sending for a " Vet" under apprehensions of their bursting. An ordinary cypher would represent equally well the amount of feed obtained by them arid of satisfaction afforded to us. To my mind, then, the reserves were just as well sold altogether—if they are not let—rather than that they should be suffered to remain a belt of desert around our metropolitan city in esse,' — odious to the eye, covered with troops of gaunt horses and other famishing beasts ; a terror to unprotected females and quiet bumpkins, her Majesty's subjects arriving from scenes more arcadian, as well as a reproach to those custodians of the public weal who perseveringly ignore the existence of a Martin's act.

Granted—it will be an indescribable nuisance to any owner of sections abutting on the reserves, when what he fondly hoped would remain to him in perpetuity (and all for nothing) as a small park or cozy tethering-ground for fancy stock, is turned into a cabbage garden and slaughter-yard, varied, it may be, by a prospect of a pig-stye at the far end. But what of that ? Now-a-days private rights go down like ninepins before public convenience. Z. Y.X. certainly must have acquired some fancied vested interest of his own in these reserves. Somewhat like Ensign Rag, he can't give up his " deawest Anna Mawia.without a stwuggle." He is the Mrs. Chicks of the Settlement: ever urging us to " make an effort" for their fescue.

" Tv semper urges flebilibus inodis Mysten ademptum— Desine mollium Tandem querelarum."

But I ask pardon, Mr. Editor, for dwelling on a subject which doubtless wearies your readers: let us talk of something else. As for the Committee of Management, their '■ little account" is soon disposed of. Sliylock fashion, we point at them thus—■

" These are the fools that lent out money gratis ! —

Jailer, look to them !"

And on ancient Pistol's theory, that" Base is the slave who pays,"—we are, for their exertions, to owe them—"a large debt of gratitude!" A handsome balance this: to their credit or to ours ? Sir, in some things we owe them more than it lays within our power to repay. To them we owe that we are now to be governed as a free people—to control our own destinies —to perpetuate at this far end of the world the institutions of the Anglo-Saxon race. We owe to their personal influence and untiring importunity, that we have, peaceably and thus early, obtained what the powerful sister colonies do not yet, with all their wealth arid population, boast of: what our posterity, if left dependent on their own unaided exertions, might only ! after years of hard struggling have wrested from : the mother country—a Constitution the freest ever yet granted to a colony.' Were it for that ■ alone, ancV for the future it opens out to us, the obligations which we have incurred, should, whatever the diffences that may arise in adjusting our final relations, evoke on our part a spirit of generosity and liberal dealing and teach us to cast aside, equally as unworthy of ourselves and of their past efforts in our behalf, every niggardly consideration. Nor is it an unimportant obligation to note, that at this very moment we are not at the mercy of the opinions of a Commissioner, at his own discretion (possibly indiscretion) setting fancy values upon our " land, or forming curious estimates of the sufficiency of the stock we have placed upon it. At this very moment the charter of the Association is our salvation and shield against the measures of Government, adopted without consulting the wishes of the colonists.

For the sake of political power, such as would more largely fall to our share than to that of other provinces, and give us weight

against the exercise by the central Legislature of their powers over the lands, no liabilities the Association can possibly have incurred will be found too heavy for us to assume. I have no fears for the future of the most promising settlement yet planted in New Zealand. Nor do I see anything in even £50,000 of debt to alarm a Legislature whose security would amply satisfy capitalists in England for double and treble that sum. In vain I look around me for the "disastrous effects" spoken of by Z.Y.X. Colonists more experienced than ourselves see things here with very different eyes from his. Why create bugbears to ourselves of our fears? I ask any one who has witnessed the trials and struggles of other settlements, whether this does not challenge comparison with any of them (taken at a far later period than three years from its foundation), for healthy steady progress, for the absence of all rash speculation and over-trading, for the comfort of the labouring classes, for the extent of cultivation and ample supply of work. A colony has been planted with a success hitherto unknown in this country; its population is progressing; and I assert boldly, that if circumstances have contributed to produce this state of things, so also has the Association,—and largely.

if Z.X.Y. can in all this see cause for ■ "no more than barren "gratitude," I cannot resist the temptation of saying, with a thousand apologies, as Gratiano does to the Jew,

" O be thou damned, inexorable dog." I do not defend the separate acts of the Association—nor Mr. Sewell's letter—nor.the details of their general scheme. I will concede that^ their blunders were numerous, but not more so than our present experience shows us they could: hardly, as ordinary mortals, escape committing:' but I cannot join in hounding on every one against them ; and I ask thattheir position be" fairly and impartially considered; that in discussing details general results be not lost sight of. Above all, I ask, that if be not forgotten, that, as intending colonists, we held, as much even as the then settlers in New Zealand did, themselves, expectations of vast sums being realized upon land sales. Contingently upon sales to the extent of £100,000, as every one of us knew well, the whole scheme: was based. If there was " Bunkum" in it, did ive derive no pleasurable excitement some three years ago at Adelphi-terraces and St. Martin's rooms, iv contributing each our share of it. Most of us have ourselves had. a finger or two in,the pie ;if we've burnt them in the baking, why howl over the, mishap so desperately as to raise universal jeers at our folly ?

That the " leading feature^iof our system should be altogether bonafdej^ extinguished," is, for all the gratification its'-.'contemplation, affords, a consummation most "devoutly to be wished for. A " feature" for which it were'better the "system" were at this moment distinguished might then possibly replace it—one with some expression and spirit infused into it; conveying an idea of vitality and power to do. If churches are unbuilt, if our " Establishment," (i.e. the clergy) is kept at starvation point, why then do we persist in calling ourselves Members of the Church of England ? I, for one, do not understand compounding once and for ever, at the rate of one miserable pound per acre, for the fulfilment of religious obligations which.daily, nay, hourly, press upon us. Just so would one " redeem a land-tax;" compound for a kennel of hounds, or purchase at Rome plenary indulgence to leave unperformed our chiefest duty. We can raise funds for Regattas, Races, Athena3ums, Colonists' Societies, and Book Clubs. For all these we can " make an effort," and shew most respectable "promises to pay." But as professed Churchmen what have we done to assist a clergy, many of whom gratuitously volunteer their services. How are those of them who receive stipends less in amount than an ordinary anizan's gains, to give up their undivided time and attention to widely scattered populations, unembarrassed by private cares and freed from the necessity of subsisting themselves arid their families by manual labour ? Is what we have clone to be all the earnest of what we shall yet do? Any other religious community out of England can provide liberally for its own service without extraneous aid. " Are we alone to do nothing but purchase by the acre the right to starve our clergy ; and" have it recorded that in this Church Settlement the labourer is not considered worthy of his hire ; —or, is paid only by instalment? of doubtful gratitude ?

L'argent dans notre poche entrS aisement; Mais quand il faut le rende, c'est alors que la douleur nous prend." To prevent the 'vaunted leading feature' from being utterly and entirely defaced, not only must we entertain very many ' good intentions,' but give a full and lively effect to them. Some of us may otherwise have to test the fact whether they do actually constitute the pavement of that " other place" Z. Y. X. hints at,—and where warmth will be found in a somewhat higher degree than animates our society,—when a call is made on it to relax its purse strings. On these, the notion of an " establishment," by courtesy called endowed, acts as a marvellously effective check, reproducing liere the evils and defects of the system we were educated to at home ; and truly some must fancy they have paid as much as they need do for an " establishment," and think of what they obtain by way of equivalent with the same disappointed feelings as many do of one .valuable consideration, which along with others they expect for their pound. " Here's a pretty climate to pay three pound the acre for!" "South of Prance ! D' ye call it ?" To improve our position, not to howl over it> is now our business. • To act for the future forgetting the past, except only as it presents warning beacons to our view, that is what is required of us. The present generation of settlers and those in England who took such lively interest in our outstart may enjoy the satisfaction of knowing that this Canterbury Settlement has fairly deserved the name of good omen x which we adopted for it, nor unbeseemed entirely " the promise of its spring.'' While malicious opponents may be debarred the opportunity of illustrating our career by recalling to mind that memorable shearing of pigs by the Devil which raised so 'much cry and so very little wool.' - " Look not mournfully into the Past. It comes not back again. Wisely improve the present time. It is thine. Go forth to meet the shadowy future without fear and ■with a manly heart." I am, Sir, Your's obediently, Cantuakiensis. Christchurch, April 5, 1853.

To the Editor of the Lyttelton Times. Sir, —While commending your liberality in opening the columns of your valuable journal for the full and free expression of public opinion upon important topics which, "like coming events, cast their shadows before;" I must yet protest, as one of your constant readers, against your allowing so much space to Zeno and others. The Great Elizabethan Dramatist has defined " brevity to be the soul of wit." Time was, when many amongst us were, doubtless, ready to hurry on to the three magic letters conclusive of all the various propositions contained in the books of Euclid, which assured us that the matter undertaken to be demonstrated was satisfactorityprqven; but in vain have I read, iterura, iterumque, usque ad nauseam, and yet the Q. E. D. fails to enter an appearance. I had intended, some weeks past, to have, entered a protest in your bureau against the pre-emptive right which the Gallant Commissioner of Crown Lands appeared to have taken up over your columns ; but I find that veteran penman has subsided, leaving an "hiatus, non valde deflendus. But, as the Stockowners say, " to return to our muttons." I cannot but think, Mr. Editor, that were Zeno to take a little trouble and learn " the art to blot," he would save your readers many a painful yawn, advantage himself, and confer a benefit upon the public. I pen these remarks in no unfriendly spirit, and trust they will be received by Zeno with that philosophic equanimity which characterized the school of which his name, implies him to be a follower. Democritus.

BEFLY OF HIS EXCELLENCY to the ADDBESS of the 22nd February. Civil Secretartfs Office, . Wellington, 16th'March, 1853. Sir,—l have the honor to transmit to you the accompanying letter, which I request you will have the goodness to forward to the gentlemen who signed the Address to His Excellency, dated 22nd February, 3 853. I have the honor to be, Sir, Your most obedient, humble servant, Alfred Domett, Civil Secretary. Captain Simeon, Resident Magistrate, Christchurch. Civil Secretary's Office, Wellington, March, 16th, 1853. Gentlemen, —I am directed by His Excellency Sir George Grey to acknowledge the receipt of your Address to His Excellency, and to assure you that you may rely upon His Excellency endeavouring by all the means within his power so to carry out the recent Act of Parliament as to give full effect to the purposes of the Crown and the Parliament, and to render it productive of happiness and contentment to the inhabitants of these islands. I have the honor to be, Gentlemen, Your most obedient, humble servant, Alfred Domett, Civil Secretary. To the Gentlemen who signed the Address. COMMISSION TO JUSTICES OF THE PEACE. Civil Secretary's Office, Wellington, Bth March, 1853. His Excellency the Governor has been pleased to direct that the following Commission appointing Justices of the Peace for the Islands of New Zealand and-for the Provinces of Auckland, New Plymouth, Wellington, Nelson, Canterbury, and Otago, be published for general information. By His Excellency's command, Alfred Domett, Secretary. Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, defender of the Faith, to our trusty and loving subjects whose names are hereunto annexed, Greeting : Know Ye, that we have assigned you, and each and every of you, jointly and severally, to be our Justices to keep our Peace in our Islands of New Zealand, or in the respective Provinces thereof as hereinafter particularly set forth, and to keep; and cause to be kept all ordinances and statutes for the preservation of the Peace, and for the quiet rule and government of our people, made in all and singular their articles in our said Islands or Provinces thereof and their dependencies, according to the form and effect of the same, and to punish all persons offending against the said ordinances and statutes, or any of them, in the said Islands or Provinces thereof and their dependencies; and to cause to come before you, or any one or more of you, all those within the said Islands or Provinces thereof, who to any one or more of our people, concerning their bodies, or the firing of their houses, shall have used threats, to find sufficient security for the peace, or their good behaviour towards us and our people ; and if they shall refuse to find such security, then them in our prisons, until they shall find such security, to cause to be safely kept. We have also assigned you, or either of you, with any one or more of such Justices as are hereby, or shall hereafter be duly commissioned by us in that behalf, to enquire the truth more fully by all lawful means by which the truth of the matter shall be better known of all and all manner of felonies, poisonings, trespasses, or extortions whatsoever, and ail and singular other crimes and offences of which the Justices of our Peace may or ought lawfully to enquire, by whomsoever and after what manner soever in the said Islands or Provinces thereof done or perpetrated, or which shall happen to be done or attempted. And also, of all those who in the aforesaid Islands or Provinces iv companies against our Peace, in disturbance' of our people, with armed force, have gone or rode, or who hereafter shall presume to go or ride ; and also, of those who have there lain in wait, or hereafter shall presume to lie in wait, to maim or cut, or kill our people. And also, of all victuallers, and all and singular other persons, who in the

abuse of weights or measures, or in selling victuals, against the form of the ordinances. and statutes, or any of them made for the common benefit of our said Islands or Provinces thereof, and our people thereof, have offended, or at-<fc tempted, or hereafter shall presume in the said Islands or Provinces to offend or attempt. And also, all sheriffs, constables, or keepers of gaols, or other officers, who in the execution of their offices about the premises, or any of them, have unduly behaved themselves, or hereafter shall presume to behave themselves unduly, or have been or shall happen hereafter to be careless, remiss, or negligent in our aforesaid Islands or Provinces. And of all and singular articles and circumstances, and all other things whatsoever that concern the premises, or any of them. by whomsoever, and after what manner soever^ in our aforesaid Islands or Provinces done or perpetrated, or which hereafter shall happen to be done or attempted in what manner soever. And to inspect all Indictments whatsoever so before you, or any of you, with such Justice or Justices as aforesaid, taken or to be taken, or before others late our Justices of the Peace in. the aforesaid Islands or Provinces made or taken, and not yet determined; and to make and continue processes thereupon against all and singular the persons so indicted, or who before you hereafter shall happen to be so indicted, until they can be taken, surrender themselves, or be outlawed. Provided always, that if a case of difficulty upon the determination . of any of the premises before you, or any one or more of you shall happen to arise, then let judgment in no wise, be given thereon before you, or any of you, unless in the presence of one of our Justices of the Supreme Court of the said Islands or Provinces. And therefore, We command you, and each of you, and every one of you, that to keep the Peace, or ordinances and statutes, arid all and singular other the premises, you diligently apply yourselves, and that at certain days and places duly, appointed, or.to be appointed for these purposes into the premises, ye make enquiries, and all and singular the premises hear, and determine and perform and fulfil them in the aforesaid form, doing therein what to justice appertains, according to. the law and cus- , torn of England, saving to lis the amerciaments and othei; things to us therefrom belonging. And we command our Sheriffs of the said Islands or Provinces, at certain days and places duly appointed, or to be appointed, as .aforesaid, to be. aiding by all lawful means in the performance and due execution of the premises. In testimony whereof, We have caused these our Letters to be made Patent, and the Great Seal of our said Islands of New'Zealandj to be hereunto affixed. G. Grey, Governor. By His Excellency's Command, , Alfred Domett, Civil Secretary. God Save the Queen ! Magistrates for the Islands of Neio Zealand. ■ James Campbell, Esq., Charles Simeon, Esq. , For the Province of Canterbury. Edward Maurice O'Connell, Esq., Henry Godfrey Gouland, Esq.,. Edward Jerningham Wakefield, Esq., Henry John Tancred, Esq., William Guise Brittan, Esq., John Charles Watts Russell, Esq., Henry Phillips, Esq., Robert Heaton Rhodes, Esq., James Edward Fitzgerald, Esq., Charles Bowen, Esq., , . William Bayley.Bray, Esq., Isaac Thomas Cookson, Esq., Edward Brown Fitton, Esq., Conway Lucas Rose, Esq., Mark Pringle Stoddart, Esq., Richard Westenra, Esq., Belfield Woolcombe, Esq., William John Warburton Hamilton, Esq., Charles Barrington Robinson, Esq., Charles Hunter Brown, Esq.