PROCLAMATION.

New Zealander, Volume 1, Issue 35, 31 January 1846, Page 2

PROCLAMATION.

By His Excellency, George GREY.-Esq, Lieut. Governor andCommander- in-Chief in and over Her Majesty's Colony of NewZealand, and its dependencies, and ViceAdmiral of the same, &c, &c. WHERE iS, the undermentioned Ordinances enact d by the Governor of New Zealand, with; the advice and consent of the Legislative Council thereof, were passed in the 7th and Bth years of the reign of her Majesty, Queen Victoria, viz. — No. 2. An Ordinance to make temporary Provision for the Constitution of Juries. (13lh Jan. 1844). No. 7. An Ordinance for the Relief of Persons imprisoned for Debt. (251h June, 1844.) No. 8. An Ordinance to establish Courts of Requests for the more easy and speedy recovery of small debts. (27th June, 1844 ) No . 10. An Ordinance to amend an " Ordinance for Licensing Auctioneers." (29th June, 1844.) No. 11. An Ordinance to amend '« an Ordinance 10 fdc.ilit.ite the transfer of real property, and to simplify the law relating thereto." (4th July, 1844.) No 14. An Ordinance to amend "An Ordinance to provide for the summary recovery of compensation for damage done by Caltle tiespassing." (11th July, 1544.) No. 15. An Ordinance to amend "an Ordinance to regulate sumindiy proceedings befoie Justices of the Peace." (16th July, 1344.) No. 16. An Ordinance for the admission, in certain cases, of Unsworn Testimony in Civil and Criminal proceedings. (16th July, 1844 > No. 19. An Ordinance to provide a summary mode of abating the nuisnnceofDogs wandering at large in Towns. (17th July, 1841.) No. 20. An Ordinance to remove doubts respecting the legal estate in lands granted to land claimants. (17ihJuly, 1844.) No. 21. An Ordinance to amend "an Ordinance for regulating the Sale of Fermented and Spirituous liquors." ( 17th July, 1844.) Private Ordinance. No. 2. An Ordinance for the Naturalization of certain German settlers in the colony of NewZealand. (16th July, 1844). Which Ordinances having been by the right honourable Lord Stanley, one of her Majesty's Principal Secretaries of State, laid betore the Queen, Her Majesty has been pleased to confirm and allow the same. Now, therefore, I, the Lieutenant-Governor do hereby proclaim and make known to all whom it may concern, that Her Majesty has been graciously pleased to confirm and allow the before mentioned Ordinances. Given under my hand, and issued under the Public Seal of the Colony, at Government House, Auckland, this twenty first day of January, in the Year of our Lord One thousand eight hundred and forty six.

GEORGE GREY, Lieutenant Governor*

By command of his Excellency, Andrew Sinclair, Colonial Secretary. God Save the Queen J

Colonial Secretary's Office, Auckland, 23rd Jan., 1846. The Governor directs it to be notified to the Chiefs in the northern part of New Zealand, and to all others concerned, that the rebel Chiefs having been defeated and dispersed by Her Majesty's troops upon the 11th instant, when the pah of the Ruapekapekd was taken and destroyed, and having subsequently made their complete submission to the Government by letter, and thioughTomaiti WakaNene, who upon his own part and that of the other fiiendly Chiefs, interceded warmly in behalf of the rebels, — the Governor has thought proper 10 give effect to her Majesty's earnest desite for the happiness and w elfare of Her native subjecls in New Zealand, by granting a free pardon to all concerned in the late rebellion, who may now return in peace and safety to their houses,— where so long as they conduct themselves pioperly, they shall remain unmolested in their persons and properties. It must be distinctly understood, that nothing contained in the foregoing portion of this notice will justify any natives retaining in their possession hoises stolen from the Europeans. Such hoises must forthwith be returned to their proper owners ; and those natives' who 'continue to retain tliem in their possession may rely that whenever they may be apptehended, the Governor will cause them to be handed over to the proper authorities, to be dealt with according to the law, wtthout any reference to the period of time that may have elapsed since the hoises were stolen.

By Command, Andrew Sinclair, Colonial Secretary.

Colonial Secretary's Office, Auckland, 2'SrdJan., 184 G. The Governor directs it to be notified for the information of the nalive chiefs in the northern part of this island, that upon the capture of the pah of the Ruapekapeka, on the 11th inst., a large number of letteis addressed by various peisons to the rebels were found, and were brought to the Governor, who was informed that some of them were of a treasonable natuie. The Governor however being awaiethat many persons formerly in correspondence with the rebels, are now firmly attached to the Government, and regret the course they formerly pursued, has caused all these letters to be burnt without being lead by him, and without any copies of them having been taken, or any translations of them made. The writers of them need, therefore, entertain no apprehension whatever of any evil consequences resulting to them from having written these letteis, or even of any prejudice against them existing in the mind of the Governor on this account, as he does not know the names of the writeis of any of these letteis,

By Command, Andrew Sinclair, Colonial Secretary.

Colonial Secretary's Office, Auckland, 23rd Jan, 15 46. The Governor directs it to be notified for the information of ihe family and friends of Kihe, a native, wlio was severely wounded at the capture of the Ruapekapeka, on the 11th instant, and taken prisoner, — that he is now only detained in order that he may receive proper medical treatment; and that as soon as his wound is completely healed, he will be set at liberty, and be sent by the fiist oppoitunity to his friends.

By Command, Andrew Sinclair, Colonial Secretary.

Colonial Secretary's Office, Auckland, 23rd Jan., 1846. His Excellency has been plfeased lo appoint J.Jermyn Symonds, Esq., of Her Majestj's 99th Kegt., to be His Excellency's Pnvate Secretary.

By Command, Andrew Sinclair, Colonial Secretary.

Colonial Secretary's Office, Auckland, 2Uh Jan , 18 46. His Excellency the Lieutenant-Governor has given directions for the publication of the following despatch, with the question and opinion subjoined, for general information.

By command, An-djuw Sinclair, Colonial Secretary.

Downing Street, BtJi August, 1845. Sir, — I enclose copies of a correspondence with the New Zealand Company, on the subject of the authority of the legislature of New Zealand, as at present constituted, to impose taxes on her Majesty's subjects, inhabiting that colony. I enclose also the copy of an opinion on the same subject, given for the information and guidance of Her Majesty's Government, by the Attorney and Solicitor General, and by Sir Thomas Wilde, who held the office of Attorney -General under the last administration. I departed from the usual course of proceeding in obtaining the joint opinion of the past and the present law officersof the Crown, partly on account of the magnitude and importance of the principle in debate, and partly because Sir Thos. Wilde, (the only of the foimer law officeis now remaining at the bar), had been consulted by Lord John Russell when the charter for the government of New Zealand was issued, and was therefors, peculiarly prepared to explain the legal grounds on which that measure had been taken, and on w Inch it v\as to be defended. You will see that the legal advisers of the Crow n entertain no doubt of the right of the existing legislature of New Zealand to impose taxes and duties on the Queen's subjects inha* biting that colony. I haws reason to know that other lawyeis of considerable authority, and of great expeiience on such questions, fully concur in the same opinion. 1 must therefore, con elude that Mr. Barge is in error in this case. In the administration of the government of New Zealand, jou will take the joint opinion of the Attorney and Solicitor-General, and of Sir Thomas Wilde, as the lule for jour guidance ;

and if Mr. Binge's opinion should have been made known there, (as will probably have been the case), you will give equal publicity to the joint opinion of the three legal advisers of the Crown, which I now transmit to you. I have, &c ,

STANLEY. /

To Governor Grey, &c, &c. V 1/ Question submitted for the opinion of the Atfirnfy and Solicitor -General, and Sir Thomas Wilde ;— and Opinion thereon • — Whether, for the reasons assigned by Mr. Burge, or for any other reason, there is any sufficient ground to deny that the Legislature of New Zealand, as constituted under the Act 3 and 4 Viet , c. 62, and her Majesty's Charter 16th Nov., 1840, is competent to enact laws imposing duties and taxes on her Majesty's subjects inhabiting the New Zealand Islands ? We are of opinion that the Legislative Council of New Zealand, created by her Majesty's charter of the 16th Nov. 1840, has competent authority to pass an act imposing duties, and taxes upon the Queen's subjects inhabiting tnat colony. Although the Legislative Council is created by the Queen's chattel, the authority to impose taxes is derived fro n the statute of 3 and 4 Viet, c. 62 ; and in order to form a correct judgment as to the extent of the authority intended to be gi anted by the Legislature, it is proper to consider the object of the statute, and the circumstances under which it passed. The statute authorised the Crown in its discretion, to erect into an independent colony, any dependencies of the colony of New South Wales, — and by see. 3d, authority was also given to the Crown to constitute a Legislative Council in any such newly created colony, and power was given to the Council to make and ordain all such laws and ordinances as should be required for the peace, order, and good government of the new colony, the laws not being repugnant to the law of England, but subject to certain directions contained in the statute, which are immaterial to the question submitted to us. At the time this statute passed, New Zealand was a dependency of New South Wales, and was subject to the Legislative authority of aCounci nominated by the Crown, under the authority of 9 Geo. 4. There had been a previous statute passed in 4 Geo. 4, c. 9, by which it was enacted to be lawful for his Majesty lo constitute a Council, and that such Council should have power and authority to make la«s and ordinances for the peace, welfare, and good government of the colony, not being repugnant to the laws of England, nor to certain other matters therein contained. That statute, in s. 27, provided and enacted that no tax should be imposed by the Council upon the vessels trading with the colony or the dependencies thereof, nor upon goods imported or exported, nor any other tax, except only such as should be necessary for local purposes. This clause of restriction operates as a legislative exposition that by the previous words a general power of taxation had been conferred, otherwise this restriction was nugatory and useless. The statute, 4 Geo 4, expired on the 31st December, 1829; and on the 25th July, 1828, the 9 Geo. 4, c. 83, passed, which recited that it was expedient to repeal the before mentioned statute, 4 Geo. 4, but we do not find that in fact it was repealed, but it seems to have been left to expire; and by Jhe 9 Geo. 4, c. 83, s. 20, a new power is given to the Crown to create a Council for New South Wales und its dependencies ; and by s. 21, the same power is given to that Council as had been conferred on the Council 4 Geo, 4, and containing in s. 25 a restriction of the power to taxation for local purposes, but omitting the restraint in regard to taxation upon exports and impoits ; and New Zealand was subject to the legislative authority of the Council appointed under the 9 Geo. 4, at the time the 3 and 4 Viet, passed. The Council appointed under the 9 Geo. 4, was in no i espect a representative body, and the only power of taxation given to the Council is comprised in the words above quoted, and it is manifested by s. s. 25, (the restrictive clause), that the Legislature had intended to give the power of taxation by the previous general words, otheiwise, as before stated, the restriction would have been nugatory and useless. The object of the statute 3 and 4 Viet. c. 62, was, as before stated, Jo enable the Crown to erect into an independent colony any of the dependencies of New South Wales, and as appears by the recital, to appoint a Legislative Council of the same chaiacter as that \\ hich existed in New South Wales, and to the powers of which New Zealand was then subject, and for the same purposes : that is, to make laws and ordinances, for the peace, welfare, and good government of the colony to be newly created : and power is given to the New Zealand Council to be nominated by the Crown, in precisely the same words as those which had conferred the power of taxation upon the Council of New South Wales. We therefore are of op'nion that the power fcp make laws and ordinances for the peace, orders and good government of the colony of New Zealand, conferred upon the Council the power of taxation for local purposes. In some statutes a power to impose taxes had been given to local legislatures in expiess terms in addition to general words, such as those contained in the statute in question j and in other statutes, after the use of similar general words, a restriction has been inserted limiting ihe powei to impose taxes to certain specified purposes. But we think that the power to impose taxes has alwajs teen deemed to be confeiied by, and comprised within the same words as are used in the 3 and 4 Viet. r. 62, or words of similar import, and that such power has been generally exercised without being questioned; and we are of opinion that such words are usual, apt, and proper words to convey the power. We are also of opinion, that the construction of such words is not governed nor in any i espect depend upon the nature of the constitution of the legislative body to which they are applied, but that they eqiiall) confer the power of taxation, upon a legislative body nominated by the Crow v, undei the authority of an Act of Parliament, as they bestow upon a legislative body which may

possess more or less of a representative character. We have duly considered the opinion of Mr. Burge, with all the respect due to the authority of that gentleman, before we arrived at the conclusion we hare stated. We agree with Mr. Burge, that in determining upon the authority of the legislature of New 'Zealand, the point to "be considered is the construction of the itatute of 3 and 4 Viet. c. 62, but we cannot concur in the opinion that the construction of the statute is at all affected by the principles of the common law to which he refers. The power conferred by the statute may lie well collected from what is therein declared to be the object of the enactment, which was the general government of the colony, and from the language in which the authority of the council is expressed. If the construction of the words of the statute in regard to (he power of taxation was, as suggested by Mr. Burge, to depend upon the representative character of the legislative body to which they might refer, such a rule would in its application lead to questions of no slight difficulty, as to how little or how much of the principle of representation being imparted to the body would entitle the words to the larger or more limited constructon. We think that the object and intention of the Legislature, as they are to be collected from the tatute, require that the statute should be constructed to confer the power upon the Council now governing New Zealand, of imposing taxes and duties for local purposes; and with due deference, we do not think that the reasons assigned by Mr. Burge, nor any other that occur to us, furnish any well founded doubt upon the subject.

I (Signed) Frederick Thesiger Fitzßoy Kelly, Thomas Wilde. Temple, 30th July, 1845.