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1894. NEW ZEALAND.
DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE FOR THE COLONIES.
Presented to both Houses of the General Assembly by Command of His Excellency.
INDEX.
No. 1. (No. 10.) My Lord, — Government House, Wellington, 17th May, 1893. In reply to your Lordship's circular despatch of the 18th November, 3892, calling attention to the prevalence of foot-and-mouth disease on the Continent of Europe, and suggesting measures to prevent its introduction to the colonies, I have the honour to inform your Lordship that the importation of cattle, sheep, and swine into this colony is prohibited unless they have been for fourteen days in Great Britain. My Government, therefore, do not consider it necessary to take any further measures in this respect. I have, &c, GLASGOW. The Right Hon. the Marquis of Eipon, G.C.M.G., &c. I—A. 1.
No. of ierics. Date. Subject. Page. 1 2 3 4 5 <> 7 8 9 10 11 12 1!3 14 15 1(5 17 18 19 20 21 22 23 24 25 26 27 28 29 80 31 32 33 17 May, 1893 .. 17 May, „ 16 May, 5 June, „ 8 June, „ 10 July, „ 8 July, „ 5 Sept., „ 5 Sept., „ 4 Sept., „ 14 Sept., „ 25 Sept., „ 25 Sept., „ 28 Sept., „ 10 Oct., 13 Oct., 8 Deo., „ 22 Dec, „ 22 Dec, „ 23 Dec, „ 26 Dec, 15 Jan., 1894 .. 21 Feb., , 10 Mar., „ 20 April, „ 20 April, „ 9 May, 9 May, 12 May, , 12 May, 12 May, 12 May, „ 19 May, „ Foot-and-mouth disease in Europe Surveyors' Institute Death of late Premier, Hon. J. Ballanoe Operation of liquor-laws in colonies Extension of Coinage Act to Australian Colonies Loss of H. M.S. " Victoria ".. Congratulation on marriage of Duke artfd Duchess of York Conveyance of poisons by sea Cook Islands flag Assent to Bank-note Issue Bill Assent to Oamaru Loans Consolidation Bill " Electoral Act, 1894 ": Franchise to women.. Protest of members of Legislative Council on third reading of Electoral Bill Proposed visit to Cook Group Extension of limits of Australian naval station Synopsis of Acts, 1893 Marriage-laws in colonies Graves of soldiers at Rangiriri Regulations in Western Pacific, arms and liquor Cable from Queensland to New Caledonia Connection of Cook Group with New Zealand Introduction of frozen meat into Egypt Conveyance of poisons by sea International Telegraph Congress, Buda-Pesth Control of Samoa by New Zealand Visit of Governor to Cook Islands Survey of passenger vessels Australasian Postal and Telegraph Conference Control of Samoa by New Zealand Supply of Martini-Henry Rifles Treaty, Great Britain and Servia Late Speakers of House of Representatives to retain title of Honourable Resolution of Postal and Telegraph Conference re Canadian cable 1 2 2 2 3 3 8 4 4 4 5 '.) 10 10 11 12 K> 18 l<) 20 20 24 2-1 24 25 25 20 20 27 27 28 28 28
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No. 2. (No. 12.) My Lobd, — Government House, Wellington, 17th May, 1893. In reply to your Lordship's circular despatch of the 3rd December, 1892, relative to the admission to membership of the Surveyor's Institution of surveyors holding official appointments in the British colonies, I have the honour to inform your Lordship that my Government desire to express their thanks to the council of the above for its kind offer to make the surveyors of this colony members of their excellent institution on the conditions stated in the memorandum attached to your Lordship's despatch, and, should any officer desire to take advantage of the offer, he will communicate with the institution direct. I have, &c, GLASGOW. The Eight Hon. the Marquis of Kipon, G.C.M.G., &o.
A.-2, 1893, No. '61.
No. 3. (No. 14.) My Loed, — Government House, Wellington, 16th May, 1893. It is my painful duty to inform your Lordship of the death of the late Premier of this colony, the Hon. John Ballance, which occurred on the 27th April, from malignant stricture of the bowels, after an illness of many weeks, during which time he exhibited great fortitude and patience, and carried on his duties with little intermission almost to the very last. On learning that all was over, I requested the Acting-Premier, the Hon. Eichard Seddon, to carry on the duties of the Government, with his colleagues, until the formation of a new Ministry. The funeral took place on Sunday, the 30th April, and on Monday morning, the Ist May, I sent for Mr. Seddon, and told him that under the circumstances I thought it right to ask him to consult the Cabinet as to whom they advised me to send for in order to form the new Ministry, which he undertook to do. In the evening Mr. Seddon returned and informed me that the Cabinet were unanimous in recommending me to ask him (Mr. Seddon) to form the new Cabinet, which I did, and an hour afterwards he brought the whole of the members of the late Ministry to me, including the Hon. J. G. Ward, who was an extra and unpaid member of it, to be sworn in as members of the Executive Council, in accordance with the requirements of the Constitution. Mr. Seddon thereafter handed me a list, which is as follows : — The Honourable Eichard John Seddon to be Premier, Minister for Public Works, Minister of Mines, and Minister of Defence; The Honourable Sir Patrick Alphonsus Buckley, K.C.M.G., to be AttorneyGeneral, Colonial Secretary, and Minister of Marine ; The Honourable William Pember Eeeves to be Minister of Education, Commissioner of Stamp Duties, and Minister of Labour ; The Honourable John McKenzie to be Minister of Lands and Immigration, Minister of Agriculture, and Commissioner of Forests ; The Honourable Joseph George Ward to be Colonial Treasurer, PostmasterGeneral, Electric Telegraph Commissioner, and Commissioner of Customs ; The Honourable Alfred Jerome Cadman to be Minister of Justice and Minister of Native Affairs; The Honourable James Carroll (without portfolio) representing the Native race. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
No. 4. (No. 16.) My Loed, — Government House, Wellington, sth June, 1893. In reply to your despatch (circular of the 17th March, 1893) respecting the operation of the liquor-laws in the colonies, I have the honour to inform your Lordship that no alteration of the licensing-laws have been made in this colony since the Colonial Office received my predecessor's despatches (Nos. 24 and 25 of the 17th and 23rd May, 1890).
A.-2,1894, No. 5.
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I beg to add that there is nothing further to report, but, should Her Majesty's Government desire information on any specific points, it shall be furnished. I enclose for your Lordship's information the New Zealand "Journal of Commerce and Labour," in which are some tables on this subject which may prove interesting. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
No. 5. (No. 22.) My Lobd, — Government House, Wellington, Bth June, 1893. In reply to your despatch (New Zealand, of Ist April, 1893, General), respecting the proposed extension of the Coinage Act of 1870 to the Australian Colonies, I have the honour to inform your Lordship that my Government concur in the proposed application of the Coinage Act of 1870, and of section 2 of the Act of 1891, to this colony. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
A.-2,1894, No, 6,
No. 6. (No. 27.) My Lord, — Government House, Wellington, 10th July, 1893. I have the honour to forward addresses that have been presented to me by the honourable the Legislative Council and the House of Eepresentatives respectively with reference to the terrible loss of Her Majesty's ship "Victoria," and those gallant officers and men who perished in her. I trust your Lordship may be pleased to lay both these addresses before Her Most Gracious Majesty the Queen. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
Enclosures. Addeess feom the Legislative Council. To His Excellency the Eight Honourable David, Earl of Glasgow, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand. May it please youe Excellency,— We, the Legislative Council of New Zealand, respectfully request that your Excellency will convey to Her Most Gracious Majesty the Queen an expression of the deep regret of this Council at the loss of Her Majesty's ship " Victoria," and of its sorrow for the death of so distinguished an officer as the Vice-Admiral Sir George Tryon, X.C.8., and of the many gallant officers and men who perished with him. H. J. Millee, Speaker of the Legislative Council.
Address feom the House op Eepeesentatives. To His Excellency the Eight Honourable David, Earl of Glasgow, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand, and Vice-Admiral of the same. May it please youe Excellency,— We, the House of Eepresentatives of New Zealand, respectfully request that your Excellency will convey to Her Most Gracious Majesty the Queen an expression of the deep regret of this House at the loss of Her Majesty's ship " Victoria," and of its sorrow for the death of so distinguished an officer as Admiral Sir George Tryon, X.C.8., and the many gallant officers and men who perished with him. W. J. Stewaed, Speaker.
No. 7. (Copy of Telegram.) To Secretary of State for the Colonies. Bth July, 1893. On behalf of colony, express congratulations on marriage of their Eoyal Highnesses. GOVEENOE, NEW ZEALAND.
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No. 8. (No. 32.) My Lobd, — Government House, Wellington, sth September, 1893. In reply to your despatch (New Zealand, No. 26) of the 19th June last, respecting the conveyance of poison in vessels from Great Britain to the colonies, I have the honour to inform your Lordship that my Government have instructed the Collectors of Customs in this colony to report any instance of imperfect packing and improper storage that may come under their notice, but the difficulty is in dealing with breaches of the Imperial Act on the part of the shippers in the United Kingdom, which are only discovered after the lapse of some months, in a remote part of the world. I would beg to submit that legislation of a more stringent nature is necessary, particularly as to the separation of poisons from provisions or fodder. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
A.-2, 1894, No. 17.
No. 9. (No. 33.) My Loed, — Government House, Wellington, sth September, 1893. In reply to your despatch (New Zealand, General) of the 26th January last, and, in accordance with your wishes contained therein, I have the honour to attach, for your Lordship's information, six copies of a coloured drawing of the Cook Island Federal flag. Your Lordship will observe that your suggestion has been adopted, and that a cocoanut-tree on an oblong shield has been used to differentiate the Union Jack in the Federal flag. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
A.-2,1894, No. 1.
No. 10. (No. 35.) My Lord, — Government House, Wellington, 4th September, 1893. In accordance with clause 6 of the (New Zealand) instructions passed under the Eoyal sign-manual and signet to the Governors of this colony, and with reference to clause 3 thereof, I have the honour to inform you that on the 2nd instant I assented, in Her Majesty's name, to the Bill named in the margin [" The Bank-note Issue Act, 1893 "]. 2. In justification for my passing this Bill without reserving it for Her Majesty's assent, my Ministers have furnished me with the accompanying memorandum and its enclosures. 3. Your Lordship will observe that my Ministers lay stress on the fact that similar legislation has been passed with good effects in New South Wales. 4. In conclusion, I have the honour to state that in my opinion the necessity for passing this Bill was sufficiently urgent to require that it should be made law without delay, and I trust that my action in this matter will meet with the approval of Her Majesty's Advisers. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &o.
Enclosure. (No. 16.) Premier's Office, Wellington, 2nd September, 1893. Memobandum foe His Excellency the Goveenob. Befeeeing to the Bank-note Issue Bill, the Premier presents his respectful compliments to His Excellency, and begs to inform him that urgent necessity exists for His Excellency assenting thereto. In support of that view, the Premier begs to submit for the consideration of his Excellency the remarks made upon the second reading of the Bill in question by the Colonial Treasurer; and also the statement made in the House by the leader of the Opposition. From these it will be
Hansard, Vol. 81 pp. 567-9.
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seen that a sudden emergency has arisen in this colony which caused the Government to introduce a measure to prevent any financial disaster which might occur. Telegrams received by the Secretary to the General Post Office, and clippings from the Evening Post of last evening, are also forwarded for His Excellency's perusal. The recent financial panics in Australia have caused a sensitiveness in New Zealand in financial matters, as evidenced by the run yesterday upon one of the soundest financial institutions in the colony—namely, the Auckland Savings-bank; and His Excellency's Advisers have taken due precaution to meet any emergency which may arise, and which might have been precipitated by the events referred to. Legislation of a similar character has taken place in New South Wales, and has had a very beneficial effect. The legislation in New South Wales took place during the panic, and His Excellency's Advisers deemed it advisable to anticipate any event of a like character which might occur in this colony, where the financial relations with the banking institutions are so closely interwoven with those of Australia. As evidence that Parliament considered this matter one of extreme urgency, the extracts from the Journals of the House of Eepresentatives and Legislative Council are herewith enclosed. The Premier would also point out that the second part of this Bill is only of a temporary nature, and does not come into operation unless by Order in Council and duly gazetted. E. J. Seddon.
Sept. 1,1893,
No. 11. (No. 36.) My Loed, — Government House, Wellington, 14th September, 1893. I have the honour to inform you that I yesterday gave my assent, in Her Majesty's name, to a Bill passed by the General Assembly of this colony entitled the Oamaru Loans Consolidation Act, of which I beg to enclose a copy. This, though a private Bill, is of such a nature that I think it my duty to draw your attention to its provisions. I have the honour to point out that legislation in the direction set forth in the Bill was asked for not by the Municipality of Oamaru but by a committee of the bondholders affected. (See letter from Messrs. Linklater and Co. enclosed, page 2, last paragraph.) Your Lordship will observe from the enclosed papers that default of interest on some of these bonds has already occurred, and that the main object of the Bill is to provide for the reduction of interest in certain of the loans, in order to enable the Corporation to carry on and to pay its interest. Your Lordship will also notice that out of the holders of a hundred and seventy-three thousand eight hundred pounds' worth of stock those holding stock to the amount of £17,900 only have not given their assent, but that this does not in all probability signify the dissent of the residue ; on the contrary, as far as is known only the owners of seven thousand four hundred pounds' worth have declined. Be that as it may, the minority, whatever its actual amount, is a very small one, and, though it may be a strong measure to deprive even so small a minority of its rights, there appeared to the Legislature of this colony to be reasons sufficient to justify them in passing this Bill into law. I enclose three documents giving all the information I have received on this matter, and I trust that my action has your Lordship's approval. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
Enclosures. Panama Street, Wellington, 13th September, 1893. Youe Excellency,—■ Oamaru Loans Consolidation. We have the honour to state, for your Excellency's information, — 1. That we received from Messrs. Linklater and Co., a very well-known firm of solicitors in London, instructions to act on behalf of the committee of the bondholders of the Borough of Oamaru. 2. We enclose copy of the letter from Messrs. Linklater and Co. containing their instructions to us, in which your Excellency will find detailed the reasons which induced the committee of the bondholders to come to the agreement which is embodied in the Bill. 3. We also enclose copy of the agreement which was duly made in February last in London between the committee of the Oamaru bondholders and Mr. Low on behalf of the borough.
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4. In pursuance of the instructions so received, and of further communications which we had from Messrs. Linklater and Co., and from the committee of bondholders, we promoted for the committee the above Bill, which is now awaiting your Excellency's assent. _ 5. The Corporation of Oamaru did not promote the Bill, though, of course, they did all in their power to assist us, as the representatives of the bondholders, to insure its becoming law. 6. We are able to assure your Excellency that we are acting upon the direct instructions of more than nine-tenths of the bondholders, and that the interests of those who have not directly instructed us through Messrs. Linklater and Co. have been carefully protected; and that in our opinion the Bill is greatly to the advantage of the bondholders, and that, so far from being deprived of any security, their security has |been greatly improved by the rating-powers granted by this B iU- We have, &c, Bell, Gully, and Izakd.
2, Bond Court, Walbrook, London, E.C., 17th March, 1893. Dear Sies, — Oamaru Municipal Loans. We are concerned for a committee which has been appointed to represent the holders of the following loans of the Oamaru Municipal Corporation :—
You will observe that the two first loans are called general loans, being secured upon the general rate of the borough by virtue of the Otago Municipal Corporations Ordinances, 1865 and 1866, under which these loans were raised. By " The Municipal Corporations Act, 1876," section 149, loans theretofore authorised to be raised by any boroughs to which the provisions of the section applied (which included Oamaru) were to be deemed special loans. The loan of 1875, therefore, became special under this Act " The Municipal Corporations Act [New Zealand], 1886," section 193, contained a similiar provision as regarded loans raised prior to or under the Act of 1876. The loan of 1879 therefore became special under the Act of 1886. By sections 144 to 147 of the same Act, rates levied as security for loans are to be deemed special rates, and may be increased to an extent sufficient to meet the interest upon these special loans. Out of a total of £25,000 (Loan No. 1), £23,300 is held in this country, and the balance of £1,700 is held in New Zealand—by Mrs. Jane Murray, wife of Patrick S. Murray, of Woodville Hereford Street, Linwood, Christchurch (£1,200), and £500 by Mary Mills, Port Chalmers. The £5,000 (No. 2) loan is held, we understand, by the Government of New Zealand. The No. 3 or Gas Loan is also mainly held, we are informed, by the New Zealand Government (£8 800) and the balance of £1,000 is held here. ' '' The whole of the other loans, Nos. 4, 5, 6, and 7, are held by people on this side of the world The total holdings in this country amount in the aggregate to £158,300. The main objects of the agreement are as follows :— 1. To provide for the reduction of interest on certain of the loans, in order to enable the Corporation to carry on and pay its interest. The committee, after an exhaustive inquiry, are satisfied that the resources of the Corporation will be perfectly adequate to meet the interest permanently at the reduced rate. 2. To provide for the consolidation of the whole of the loans into one loan at 5 per cent, representing the entire bonded debt of the municipality, and to secure for the service of the consolidated loan a first charge over the whole present and future resources, from whatever source they may arise, of the Oamaru Corporation, including a consolidated special rate of 4s. in the pound of annual valuation, being the aggregate of the present special rates of Is 3d Is 3d Is., and 6d. In order to enable the Corporation to carry out the agreement to the satisfaction of the bondholders, it is necessary that a new Act of Parliament in New Zealand should be passed empowering the Corporation to issue debentures for the amount of the 5-per-cent. consolidated loan (£175,000), and to exchange them at par for those at present held by the different bondholders. The Government of New Zealand have, we are informed, consented to amalgamate the loans held by it and also to introduce the necessary Bill. Having regard to clause 6 of the agreement referring to the division of the sinking fund of the £25,000 loan, it would appear to be necessary that the Act should authorise the trustees to realise the securities and property constituting the sinking fund, or to hand them over to the Corporation
Bate of Interest. Amount of Loan. Date of First Default in Payment of Interest. 1. General Loan No. 1, 1875 ... 2. „ No. 2, 1879 3. Gas Loan, 1886 ... 4. Waterworks Loan No. 1, 1877 5. „ No. 2, 1880 6. „ No. 3, 1880 7. „ Extension, 1883 ... 7 per cent. 5 5 „ 7 7 „ 7 „ 6 „ £, 25,000 5,000 9,800 60,000 50,000 10,000 14,000 1st March, 1892. No default. No default. 1st February, 1892. 1st January, 1892. 1st May, 1892. 15th April, 1892. 173,800
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for realisation and division amongst the beneficiaries, which appears to the committee to be the simplest way of dealing with them, a trust being created by the Act in favour of the Corporation for this purpose; and, in order that the realisation of these securities and property may not be prejudiced by the necessity for a forced sale or transfer, it is thought that the Corporation (or trustees) should be authorised (so| far as is consistent with the agreement) to deal with the securities in the way which they consider most advantageous to the beneficiaries, so that the contemplated exchange of bonds may be effected in their case as soon as possible after the passing of the Act. The Act must also conserve to the holders of the consolidated loan all the rights and powers at present vested in the Corporation, except the right to any continuation of any sinking fund, especially the power to increase the rate so as to make it always adequate to meet the interest due upon the loan and the power to the bondholders given by the Act of 1886, section 24, to have a receiver appointed who shall be enabled to exercise all the powers provided by the present Acts or any of them relating to the present loans, including the right to increase the rate, and generally the same powers as the Corporation in respect to all matters and things appertaining to the management and control of the financial affairs of the borough. The necessity for a new Act of Parliament also arises from the fact that there is not at present any power of the majority of the bondholders to bind any single dissentient or non-assenting bondholder, however large the majority of the bondholders may be, in favour of a scheme which they consider favourable and necessary to the general interest. At a meeting of the holders of all the loans held in London, on the 17th January, 1893, the scheme for consolidation was approved, no one voting against it, and a copy of the agreement has been sent to the bondholders, and assents have been obtained from the holders of the great majority of the bonds of all issues, and it is proposed to forward such assents, verified by declaration before a notary, and that in case of need the fact of such assents having been given should be communicated to the Legislature, and |possibly referred to in the Act of Parliament, and it is essential that the Act when passed should be absolutely binding, and that bondholders of the original issues should have no other rights than to exchange their bonds for the bonds of the new issue. It may be said to be a strong measure to deprive the minority of their rights, but that is a course which is by no means unusual. In the case of the great majority of issues of bonds or debentures made by companies in this country, it is stipulated by one of the conditions that resolutions with regard to the bonds or debentures or securities for them passed by specified majorities of holders shall bind the minority. It will also be borne in mind that, in the case of companies in liquidation, the Court, under " The Companies Act, 1862," has power to summon meetings of creditors, and adopt the decisions of the meetings; and, under section 136 of the same Act, arrangements between a company in voluntary liquidation and its creditors are binding on the creditors if assented to by three-fourths of them. By the Act of 33 and 34 Vict., c. 104 (" The Joint-stock Companies' Arrangement Act, 1870"), compromises and arrangements sanctioned by a majority of three-fourths of creditors at a meeting are made binding on the majority. The same thing has been done in this country by legislation. It may be remembered that a good many years since, in the case of the Chatham and Dover Eailway, the affairs of which had got greatly confused, an Act was passed, and arbitrators were appointed to investigate matters, and make awards dealing with and binding the various debenture-holders, bondholders, and shareholders. In a recent case, that of the Milford Docks, which had also become much involved, an Act of Parliament was passed (a copy of which is sent herewith) in which, after reciting (see page 5 of the print) the approval of the proposed Act by majorities of holders of debentures, &c, provisions were made for settling disputes by arbitration, and for issuing fresh consolidated stocks (see section 25); and section 31 contained provisions that the stocks allotted by the arbitrators should be accepted by the holders of debentures, stock certificates or Lloyd's bonds, and the creditors of the company in satisfaction of their claims and demands against the company. There is, therefore, nothing unusual in principle in what is sought, and, if the scheme be beneficial, there seems no reason why legislation should not give effect to the request of a large majority of the persons interested. New securities are added to the new loan, and the grouping of all the old loans into one, and aggregating all the now separated rights as one common security for the whole loan, is a benefit of considerable value. It is not necessary to go fully into the reasons which have induced the bondholders to assent, but the main inducement to them to do so has been the fact that, owing to the state of the municipality, it is anticipated that, if their existing rights were enforced to the full extent, infinite confusion and difficulty would be created between the various classes of bondholders in the assertion of their rights, and the probable result would be to create such burdens and charges upon the municipality, and to diminish its population and prosperity to such an extent, as to imperil seriously the interests of all the bondholders. It will be extremely desirable—indeed, it is considered essential—that the Act of Parliament should define accurately and fully the rights to which the bondholders are entitled. At present those rights are to be found in various Acts and ordinances. A summary (which, however, must not be relied on as absolutely correct) is sent herewith, showing what are believed to be the origins of the various loans and the Acts and ordinances defining the privileges attached to them, and some notes are also sent herewith which have been made from such of the Acts of Parliament as we have seen. But you will no doubt have all these materials readily accessible, and will take care that full effect is given in the Bill to the rights of the bondholders.
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No doubt the completion of the matter will take some time, and we shall meanwhile receive from you full communication with reference to its probable course, and instructions with regard to anything further which may be wanted from this side. It is contemplated that, should the Act of Parliament be obtained, the new bonds will be prepared and issued, and will be forwarded through bankers to London, where due notice will be given to the holders of existing bonds to come in and exchange them. It will be observed that the agreement (see clause 14) provides that it is to be confirmed within four calender months by the Corporation. It is thought that such confirmation should be given by some short indorsement upon it under the seal of the Corporation. You will kindly at once place yourselves in communication with the Corporation, and endeavour as speedily as possible to give effect to what is desired. The question of costs remains. These, it will be seen, are, under the agreement (see clause 12), to be provided by the municipality out of the new loan. The municipality must also provide for the costs which may be incurred should the application for the Act not be successful. Probably you can arrange, in concert with its representatives, to secure yourselves against this contingency, and will let us know that you have done so. Yours faithfully, LINKLATBB AND Co. Messrs. Bell, Gully, and Izard, Solicitors, Wellington, New Zealand. Documents herewith: Original agreement, 9th February, 1893; copy Mr. Simpson's notes; copy notes as to loans ; copy notes as to Acts of Parliament; declaration by Mr. Gibbs, and exhibits; Milford Docks Act.
An agreement made the ninth day of February, one thousand eight hundred and ninety-three, between Beckwith Smith, of the Stock Exchange, London, stockbroker; Sir James Arndell Youl, of Waratah House, Clapham Park, Surrey, Knight, K.C.M.G.; William Albert Maud, of 15, Coleman Street, London, wool-broker; and Charles Marston Eose, of 3, Throgmorton Avenue, London, barrister-at-law, the joint committee appointed by the holders of the loans of the Borough of Oamaru, in New Zealand, mentioned in the schedule hereto (hereinafter called " the committee "), of the one part; and William Anderson Low, of 27, Craven Street, London, gentleman, on behalf of the Borough of Oamaru (hereinafter called "the Corporation"), of the other other part: Whereas the Corporation has raised the loans the particulars whereof are set forth in the schedule hereto (hereinafter called "the existing loans"): And whereas the existing loans are secured by divers rates which the Corporation has power to make, and otherwise : And whereas the holders of the existing loans first mentioned in the schedule hereto (hereinafter called " the loan of 1875 ") are entitled, under " The Otago Municipal Corporations Ordinance, 1865," to the benefit of a sinking fund, which, in the balance-sheet of the Corporation for the year ending the thirty-first day of March, one thousand eight hundred and ninety-two, is stated to amount to four thousand two hundred and twenty-nine pounds fourteen shillings and five pence (hereinafter called "the sinking fund") : And whereas the Corporation has made default in paying the interest, or some part thereof, due on the existing loans, or some of them: And whereas negotiations have been pending between the committee and the Corporation with the view to formulate a scheme for the consolidation of all the said loans: And whereas this agreement has been prepared in order to define the terms of such consolidation: Now, it is hereby agreed between the parties hereto, as follows :— 1. There shall be created a consolidated loan of the Corporation for the total aggregate sum of one- hundred and seventy-five thousand pounds (hereinafter called " the consolidated loan "). 2. The consolidated loan shall carry interest at the rate of five per cent, per annum as from the date of issue, payable half-yearly, on the first day of January and the first day of July in each year. 3. The consolidated loan shall be repayable at par on the first day of January, one thousand nine hundred and twenty. 4. The consolidated loan shall be secured upon all the rates upon which the existing loans, or any of them, are secured; and the holders of the consolidated loan shall have the benefit of all powers, including powers to increase any rates and provisions conferred by or contained in any Acts of the Parliament of New Zealand, ordinances of Provincial Councils, orders, or other instruments which would or might be available for the security or further security of the holders of the existing loans, or any of them, except the right to any continuation of any sinking fund; and the consolidated loan shall also be secured by a first charge upon all present and future sources of income of the Corporation. 5. The Corporation may issue one thousand two hundred pounds, part of the consolidated loan, to such persons as they think fit, for the purpose of raising the expenses of and incidental to this agreement, and the carrying the same into effect; and, as to one hundred and seventy-three thousand eight hundred pounds, the balance of the consolidated loan, the Corporation shall not issue the same except to the holders of the existing loans in exchange at par for the amount of the existing loans held by them respectively. 6. The amount standing to the credit of the sinking fund at the date of the issue of the consolidated loan shall be rateably divided among the holders of the loan of one thousand eight hundred and seventy-five. 7. The Corporation shall, until the issue of the consolidated loan, pay to the holders of each of the existing loans on which default has been made, as from the date on which default was made in payment of interest on such loan as mentioned in the schedule hereto, interest at the rate of five per cent, per annum ; and, as regards arrears of interest at that rate accrued due prior to the first January, one thousand eight hundred and ninety-three, such arrears shall be paid by two equal
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instalments, on the thirty-first day of December, one thousand eight hundred and ninety-three, and the thirty-first day of December, one thousand eight hundred and ninety-four ; and the Corporation will issue to each person entitled to such arrears of interest coupons for the amounts, or such other acknowledgments of indebtedness as the Committee shall approve. 8. The interest to accrue due upon existing loans after the thirty-first December, one thousand eight hundred and ninety-two, until the issue of the consolidated loan shall be paid according to the tenor of the existing loans, except that the rate of interest shall be five per cent, per annum. 9. The Corporation will forthwith take such steps as shall be necessary to p-ocure the Legislature of New Zealand to pass an Act of Parliament conferring upon the Corporation all such powers and authorities as may be required to enable the Corporation to carry this agreement into effect; and the draft of such Act of Parliament shall be previously submitted to counsel in New Zealand appointed by the committee, and the same shall contain such provisions as such counsel shall consider necessary for the protection of the holders of the existing loans, and otherwise for carrying this agreement into effect. 10. The Corporation shall procure the consent of the Government of New Zealand, which holds the whole of the existing loan numbered 2 in the schedule hereto, and eight thousand eight hundred pounds of the existing loan numbered 3 in the said schedule, to exchange such holding for the consolidated loan upon the terms hereinbefore mentioned. 11. As soon as such Act of Parliament shall have been passed, and the counsel in New Zealand acting for the committee shall be satisfied that the same confers all necessary powers and authorities upon the Corporation to enable them to carry this agreement into effect, and that the Corporation have otherwise complied with this agreement, the committee will use their best efforts to procure the holders of the existing loans to exchange their present bonds for bonds of the consolidated loan, the agents for such exchange to be such bank or bankers as the Corporation, with the approval of the committee, may appoint. 12. The Corporation shall pay all the costs of the committee of and incidental to the preparation and execution of this agreement, and the negotiations for the same, and all costs and expenses of the committee in employing counsel and solicitors in New Zealand and England, and generally all costs and expenses of the committee of carrying this agreement into effect. 13. If the Corporation shall not, before the thirty-first day of December, one thousand eight hundred and ninety-three, or such later day as shall be approved by the committee, have procured the passing of such Act of Parliament as aforesaid, this agreement shall be void except as to the last-preceding clause, which shall nevertheless remain in full force and effect. 14. This agreement is subject to confirmation by the Corporation, and, if the same shall not be so confirmed before the expiration of four calendar months from its date, the same shall be void. In witness whereof the said parties have hereunto set their hands the day and year first above written.
The Schedule.
W. A. Low, Agent for the Corporation of Oamaru in London. Witness to the signature of the said William Anderson Low—H. J. Gibbs, Dashwood House, New Broad Street, London, E.C., New Zealand merchant.
No. 12. (No. 40.) My Lord, — Government House, Wellington, 25th September, 1893. I have the honour to report that the General Assembly has passed a Bill entitled " The Electoral Act, 1893," and that the most important feature of that Bill is the clause extending the franchise to women. Although the privilege of voting has not been granted to the female sex in Great Britain, yet, as I am advised that there is nothing in the idea that is repugnant to the law of the Empire, as the subject has been before the electorate 2—A. 1.
Description of Loan. Kate of Interest. Amount of Loan. Date of First Default in Payment of Interest. .. General Loan No. 1, 1875 ... !. „ No. 2, 1879 i. Gas Loan, 1886 ... :. Waterworks Loan No. 1, 1877 i. „ No. 2, 1880 i. „ No. 3, 1880 „ Extension, 1883 ... 7 per cent. 5 „ 5 „ 7 „ 7 „ 7 „ 6 „ £ 2,500 5,000 9,800 60,000 50,000 10,000 14,000 1st March, 1892. No default. No default. 1st February, 1892. 1st January, 1892. 1st May, 1892. 15th April, 1892. 173,000
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for some time, and as I have no reason to believe the opinion of the country is opposed to it, I did not think myself justified in reserving the measure, and I therefore gave my assent to it in Her Majesty's name. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
No. 13. (No. 41.) My Loed, — Government House, Wellington, 25th September, 1893. I have the honour to forward, at the request of certain honourable members of the Legislative Council of New Zealand, their protest upon the third reading of the Electoral Bill. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
Enclosure. My Loed, — Legislative Council, Wellington, 13th September, 1893. I have the honour, in compliance with the Standing Order of the Legislative Council noted in the margin, to transmit to your Excellency a protest against the third reading of the Electoral Bill of this session, and to request your Excellency may be pleased to forward it to Her Majesty's principal Secretary of State for the Colonies. I have, &c, H. J. Miller, Speaker, Legislative Council. His Excellency the Eight Hon. the Earl of Glasgow, G.C.M.G., Governor of New Zealand. We, the undersigned members of the Legislative Council of New Zealand, protest against the vote of the Council in favour of the third reading of the Electoral Bill, which provides for giving the franchise to women, on the ground that this political and social revolution has been carried on the eve of a general election, although the principle of such an important change in the Constitution has not been submitted to the electors for their decision on the subject. W. D. H. Baillie. Samuel E. Sheimski. G. S. Whitmoee. W. Swanson. . ... W. B. D. Mantebl. L. Walkeb. Mathew Holmes. C. C. Bowen. J. A. Bonae. W. C. Walkee. Moegan S. Geace. Edwaed Eichaedson. J. T. Peacock. John Eigg. G. McLean. Heney Feldwick. Wahawaha Eopata. James Keee. Bth September, 1893.
No. 242.
No. 14. (No. 42.) My Loed, — Government House, Wellington, 28th September, 1893. I propose, with your permission, in the month of February, to spend three weeks in a visit to the Cook Group of Islands, in the Government vessel "Hinemoa." As you will remember, these islands are to a rather indeterminate extent under the protection of New Zealand, and yet no visit has been paid to them by any one in authority in New Zealand, and I propose to go there, accompanied by one of the Ministers. A circumstance has occurred which appears to me to bring into prominence the unsatisfactory position held by these islands in the anomalous nature of their protectorate; it is, that a Deputy Commissioner of the West Pacific has lately held a Court in the island of Earotonga to determine as to certain claims made by the natives of Penrhyn against the firm Donald, Edenborough, and Co., in the former island. As this raises the question of the jurisdiction of the High Commissioner in the group, I have referred the despatches I have received from Mr. Moss with reference to this subject to Sir John Thurston for his opinion, and as soon as I receive his reply I shall have the honour to report fully to you on the subject, and ask your instructions.
No. 29.
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In the meantime, whatever may be your Lordship's opinion as to the desirability of the continuance of the connection at present subsisting between the islands and this colony, I submit that it would be very satisfactory that the Governor of New Zealand should pay a visit to the group. Should your Lordship consider the present position should be maintained, the visit would still be a proper attention to the island's government; but if it be your opinion that the islands should be placed in direct communication with the Colonial Office, or under the authority of the High Commissioner, it would be all the more necessary that a visit from the Governor of this colony should testify to the exact will of New Zealand to the islands before the transfer of jurisdiction takes place. I therefore have the honour to request your assent to my proposed visit to these islands, and also that under the peculiar circumstances (in accordance with clause 10 of Her Majesty's instructions) you will not consider the expedition a departure from the colony " within the meaning of the said letters patent." I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
No. 15. (No. 44.) My Loed, — Government House, Wellington, 10th October, 1893. With reference to your Lordship's despatch (New Zealand, No. 17) of the 10th of April last, respecting the alteration of the limits of the Australian naval station, I have the honour to inform you that my Government have now obtained the concurrence of the colonies on the Continent of Australia and of Tasmania to the proposed new boundaries, and their assent to this variation of the agreement of 1887. I beg to enclose for your Lordship's information copies of the letters and telegram from the respective Premiers on the subject. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G, &c.
A.-2,1894, No. 7.
Enclosures. (No. 28.) Premier's Office, Wellington, 11th October, 1893. Memoeandum for His Excellency the Goveenoe. The Premier presents his respectful compliments to His Excellency the Governor, and begs to inform him that all the Australasian Colonies have now agreed to the alteration in the limits of the Australian naval station, as proposed by the Lords Commissioners of the Admiralty. E. J. Seddon.
Sic, — Premier's Department, --Melbourne, 2nd July, 1893. I have the honour to inform you that consideration has been given to your letter of the 6th instant, relative to an alteration of the limits of the Australian station in the Pacific, proposed by the Imperial Government in a despatch dated the 10th April last. I now beg to state that this Government concurs in the proposed alteration. In the copy of the Admiralty letter which contained the definition of the proposed boundaries of the station, sent with the despatch above referred to, there appears to be a clerical error in the phrase " then north to 2° north latitude, and along that parallel to 130° east longitude." I have assumed that the meridian intended is 136° east longitude, that being the meridian sanctioned in the limits of the Australian station as defined in Schedule I. of " The Imperial Defence Act, 1888," and no alteration being proposed in that part of the boundary of the station. I have, &c, The Hon. the Premier, Wellington. J. B. Patteeson, Premier.
Sic,— Premier's Office, Hobart, 12th July, 1893. I have the honour to acknowledge the receipt of your letter of the 6th ultimo, respecting the proposed alteration of the limits of the Australian naval station in the Pacific so as to embrace the Cook Islands, and, in reply, to inform you that this Government concurs in the proposed extension of the boundary of the station. I have, &c, The Hon. the Premier of New Zealand. Henby Dobson.
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Sib,— Chief Secretary's Office, Brisbane, 14th July, 1893. I have the honour to acknowledge the receipt of your letter of the 6th ultimo, inquiring as to the views of this Government with respect to the proposal of the Lords Commissioners of the Admiralty, communicated in Lord Ripon's despatch to the Governor of New Zealand of the 10th April, 1893, a copy of which was forwarded to the Governor of this colony, to so alter the limits of the Australian station in the Pacific as to embrace the Cook Islands. This Government agrees with the opinion expressed in your letter, that it will be of great convenience, and will strengthen the hands of the British Resident at Rarotonga, if a vessel of the Australian squadron can periodically visit the Cook Islands, and I beg accordingly to intimate their entire concurrence in the proposed alteration of boundaries. I have, &c, The Hon. R. J. Seddon, M.P., Wellington, New Zealand. Thomas Mcllwkaith.
Sir,— Premier's Office, Perth, 17th July, 1893. I have the honour to acknowledge the receipt of your letter of the 6th June, with reference to Lord Ripon's despatch of the 10th April, 1893, respecting the proposed alteration in the limits of the Australian station so that it will embrace the Cook Islands. In reply, I beg to inform you that this Government concurs in the proposed alteration of the boundaries. I have, &c, The Hon. the Prime Minister, Wellington, New Zealand. John Foeeest.
Sib,— Chief Secretary's Office, Sydney, 12th August, 1893. Referring to your letter of the 6th June last and telegram of the 10th instant, I have the honour to inform you that this Government has no objection to the proposed alteration of the limits of the Australian naval station so as to embrace the Cook Islands. I have, &c, The Hon. the Prime Minister of New Zealand. Geoege R. Dibbs.
(Telegram.) 4th October, 1893. In view of evident urgent desire of New Zealand and assent of other colonies, glad to inform you this Government will not object to proposed alteration of boundaries of Australian naval station. C. C. Kingston, Premier, Adelaide.
No. 16. (No. 47.) My Lobd, — Government House, Wellington, 13th October, 1893. I have the honour to forward, for your Lordship's information, a synopsis prepared by my Solicitor-General of the Acts passed at the fourth session of the eleventh Parliament of New Zealand, and, in doing so, would respectfully beg to direct your attention to paragraph No. 11, on the Banknote Issue Act. I beg to enclose copies of these Acts. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
Enclosure. Synopsis of the Acts passed by the Geneeal Assembly of New Zealand in the Session of Parliament held in the Year 1893. The Public General Statutes. No. 1. The Imprest Supply Act authorises an advance of £258,500 out of the Public Account by way of imprest for the service of the year ending 31st March, 1894, the money to be charged in the manner expressed in the Appropriation Act of the session. No. 2. The Imprest Supply Act (No. 2) anthorises a further advance of £258,500 in the same manner as stated in the above-mentioned Imprest Supply Act. No. 3. The Representation Act Amendment Act, a temporary Act, is repealed by a subsequent Act passed in the late session, the provisions of the former having become unnecessary. No. 4. The Companies Branch Registers Act Amendment Act is a reciprocal enactment similar to the Imperial Act of 52 and 53 Vict., c. 42, sec. 18, acquitting from duty in New Zealand the shares of a deceased shareholder domiciled in the United Kingdom. No. 5. The Cheviot County Act provides for bringing " The Counties Act, 1886," in force actively within the county. No. 6. The Ward Conservation of Rights Act conserves the rights of a Civil servant while temporarily occupying the position of Judge of the Supreme Court. No. 7. The Payment of Members Act Amendment Act provides that the payment to members of both Houses of the General Assembly shall take effect from the date of their appointment or election, and otherwise amends the principal Act in details. No. 8. The Agricultural and Pastoral Societies Act 1877 Amendment Act extends the principal Act to poultry, dog, pigeon, and canary associations.
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No. 9. The Mining Act Amendment Act provides that a mining claim shall not be deemed dissevered only by reason of being traversed by any road, river, stream, or watercourse. No. 10. The Customs and Excise Duties Act Amendment Act corrects an error in the Customs and Excise Duties Act of 1888. No. 11. The Bank-note Issue Act consists of two parts, the first of which is permanent, and the second temporary. Part I. constitutes all bank-notes issued by any bank a first charge on the assets of the bank. Part 11. remains in force for twelve months from the passing of the Act, and makes special provisions enabling the Governor, by Proclamation, for a limited time within the period the Act is in force, to declare bank-notes a legal tender during such time, and authorises the Colonial Treasury to pay such notes in gold at any time within six months after the expiration of the period limited, by Proclamation if not paid on presentation at the bank. This Act was passed by the Legislature as a measure of extreme urgency, having regard to the aspect of financial affairs in the colony at that time. No. 12. The Imprest Supply Act (No. 3) authorises a further advance of £258,500 in the same manner as stated in the above-mentioned Imprest Supply Act. No. 13. The Eohe Potae Investigation of Title Act Amendment Act validates certain partitionorders made by the Native Land Court after the passing of the Act of 1892, which were not included in the authority conferred by that Act. No. 14. The Otago Harbour Board Empowering Act extends the powers of the Otago Harbour Board as to the leasing of lands vested in them. No. 15. The Banks and Bankers' Act Amendment Act authorises banks to increase their capital in the manner indicated by the Act upon obtaining an extraordinary resolution of the shareholders in that behalf, and for the issue of new shares. No. 16. The Supreme Court Practice and Procedure Acts Amendment Act is a general measure for the granting certain powers to Eegistrars of the Supreme Court heretofore granted separately to Eegistrars by a special Act. No. 17. The West Coast Settlement Eeserves Act Amendment Act enlarges the powers granted under the Act of 1892 for dealing with the reserves. No. 18. The Electoral Act is a general measure which amends and consolidates all previous laws relating to the qualification and registration of electors, and the conduct of elections of members of the House of Eepresentatives. It extends the franchise to women, but does not qualify them to be elected as members of the said House. No. 19. The Post Office Acts Amendment Act authorises the non-delivery and the destruction of any printed or written matter of an indecent nature sent through the Post Office, and otherwise amends the Post Office Acts in relation to various matters already provided in the said Acts. No. 20. The Public Health Act 1876 Amendment Act provides for the report to the Local Board of Health of any infectious disease by the medical practitioners attending the case. No. 21. The Civil Service Officers' Guarantee Act provides a more extended system of guarantee than existed under the Act of 1870, the service having materially increased in numbers and in departments since that period. No. 22. The Native Trusts and Claims Definition and Eegistration Act extends the operation of "The Native Equitable Owners Act, 1886," and defines the effect of orders made under that Act. No. 23. The Cheviot Estate Disposition Act provides for the administration and disposition as Crown land of certain land in the Cheviot County lately purchased by Her Majesty. No. 24. The Submarine Telegraph Cables Protection Act renders the Corporation of the City of Wellington liable for damage which may result to the submarine cables by the discharge of the sewage of the city in the vicinity of the place in Cook Strait where the said cables are brought to shore from the sea. No. 25. The Counties Vehicle-licensing Act protects the roads in country districts from damage, enables the Councils of certain counties to license the vehicles using the roads therein, and to regulate the width of tires of the wheels of such vehicles. No. 26. The Stamp Acts Amendment Act amends the various Stamp Acts in various details. No. 27. The G. W. Ell Empowering Act authorises a person named to be trustee of his own estate upon trust for his creditors, and thereafter for his own benefit. No. 28. The District Courts Jurisdiction Extension Act enlarges the jurisdiction of the Court in civil cases to £500, and amends " The Larceny Act, 1867," in respect of the punishment for receiving stolen goods, so as to bring these offences within the criminal jurisdiction of District Courts. No. 29. The Timber-floating Act Amendment Act provides penalties for offenders who fell trees into creeks and obstruct them. No; 30. The Fencing Act 1881 Amendment Act amends the principal Act in certain details. No. 31. The Public Eevenues Act consolidates the laws regulating the issue of Treasury bills, and authorises their issue to an amount not exceeding £1,476,000. No. 32. The Civil Service Insurance Act provides a compulsory scheme of life insurance and annuity for all officers hereafter to be appointed to the service, leaving it optional to officers heretofore appointed to adopt the scheme. No. 33. The Land and Income Assessment Acts Amendment Act further modifies, varies, and amends the provisions of the principal Act. • No. 34. The Alcoholic Liquors Sale Control Act extends the area of licensing districts, and transfers to the electors of the districts, instead of the ratepayers as heretofore, the power of restricting or abolishing the issue of licenses; extends also certain powers of inspection, under the principal Act, to clubs. No. 35. The Infant Life Protection Act is an adaptation, with a difference of procedure, of the Imperial Act of 35 and 36 Vict., c. 38, for the control of baby-farming.
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No. 36. The Tairua Land Act provides for the surrender of timber leases of Crown land in the Thames County for the purposes of settlement. No. 37. The Cheviot Estate Payment Act authorises the Colonial Treasurer to borrow from the Post Office Account, or other public funds, or from any bank or person, a sum not exceeding £250,000, in payment of the Cheviot Estate, lately purchased for the Crown. No. 38. The Native Land (Validation of Titles) Act, repealing the Act of 1892, which is found non-effective, constitutes a special Court for inquiry into incomplete transactions in Native lands, with full powers to make orders and decrees as it thinks fit, subject to an appeal in law only. No. 39. The Native Land Court Certificates Confirmation Act confirms certificates issued under the Act of 1892, which required that such certificates should be validated by Act. No. 40. The Maori Real Estate Management Act 1888 Amendment Act amends the principal Act in various details. No. 41. The Native Land Purchase and Acquisition Act provides further means of acquiring land from the Natives, with the consent of the majority of the owners thereof, for purposes of settlement, and secures to all dissentients full protection of or value for their interests. No. 42. The Land Act Amendment Act amends the principal Act in certain details, and corrects misquotations therein. No. 43. The Eating Acts Amendment Act amends the rating Acts generally, provides for all local authorities making their own assessments, and makes all Native lands in the colony rateable; but, if in the occupation of Natives exclusively, to only one-half rates. No. 44. The Government Life Insurance Acts Amendment Act makes provision as to division of profits if Parliament not in session. No. 45. The Public Trust Office Acts Amendment Act grants further powers to the Public Trustee in respect of the administration of his office. No. 46. The Land-drainage Act provides for the constitution of districts and boards with the necessary powers for the drainage of agricultural and pastoral lands and for irrigation, and defines the rights of private owners in respect of drainage of their lands, and for the prevention of flooding. The Act contains all the necessary provisions for giving effect to it. No. 47. The Public Works Acts Amendment Act amends the principal Act in relation to railways constructed upon or across roads upon the same level. No. 48. The Colliery Railways Vesting Act authorises the vesting of certain railways heretofore worked by the Railway Commissioners in the company owning the same respectively. No. 49. The Mining Act Amendment Act (No. 2) further amends the principal Act, and authorises advances out of moneys appropriated by Parliament for the development of the mining industry. No. 50. The Coal-mines Act Amendment Act provides that shale be deemed to be coal within the meaning of the principal Act. No. 51. The Stock Act consolidates and amends the law regulating the importation, removal, and branding of animals classed as stock, and provides against the introduction and spread of diseases affecting stock. No. 52. The Workmen's Wages Act repeals the Act of 1884 on the same subject, substituting new provisions in consolidation and amendment of the law relating to workmen's wages, and to make better provision for securing the payment thereof. No. 53. The Companies Acts Amendment Act authorises joint-stock companies to increase their capital by the issue of preferential shares; also to reinstate out of their profits any part of their capital which has been lost, and more accurately defines the powers and status of liquidators of British companies in winding up also what are to be deemed preferential claims. No. 54. The Electoral Law Amendment Act amends the electoral law passed in the present session in various matters, and repeals the Representation Act Amendment Act of the present session, as being no longer necessary. No. 55. The Magistrates' Courts Act consolidates and amends the law relating to the jurisdiction of Magistrates and Justices of the Peace in civil matters; abolishes the name of Resident Magistrates, substituting Magistrates or Stipendiary Magistrates ; classifies and extends their respective jurisdictions, maintaining the jurisdiction of Justices of the Peace, as before existing; and abolishes the special jurisdiction as to Natives. No. 56. The Criminal Code Act codifies the criminal law of the colony on the model of the Bill submitted to the Imperial House of Commons in 1879, as amended by a subsequent Bill of 1880. It abolishes the distinction between felony and misdemeanour; also does away with the punishment of penal servitude as not being applicable to the circumstances of the colony. A Court of Criminal Appeal is also established, and power conferred to the Governor in Council to order a new trial, if he shall think fit, in any case where the royal prerogative is invoked for the remission or commutation of a sentence. No. 57. The Land-tax and Income-tax Act fixes the amount of the land-tax and of the in-come-tax to be levied, and the mode of collecting the same, in respect of the financial year commencing on the Ist April, 1893. No. 58. The Public Works Appropriation Act appropriates out of the unexpended balance of loan and from other sources a total sum of £710,460 for the construction of public works for the year ending the 31st March, 1894. No. 59. The Appropriation Act—the annual Appropriation Act. Amounts appropriated total £2,213,973. The Local and Personal Acts. No. 1. The Wellington City Empowering Act authorises a transfer of land to the Loan and Mercantile Agency Company in satisfaction of a judgment for ancient lights, and a further exchange of other lands with the said company.
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No. 2. The Taranaki Relief Fund Distribution Act authorises the allocation for local purposes of the surplus moneys remaining of the relief fund for the Taranaki settlers who had suffered losses by the Maori war. No. 3. The Wellington City (Suburbs) Sanitation Act authorises the inclusion of certain portions of the several suburbs of the city in the general scheme for the drainage and sanitation of the said city. No. 4. The Kiwitea County Act constitutes a new county out of the northern portion of the present Oroua County. No. 5. The Wanganui Hospital Board Empowering Act authorises the Board to borrow £5,000 for a new hospital, on the security of lands belonging to the Board, and of a legacy to the same amount to which the Board is entitled on the death of the widow of the deceased testator. No. 6. The Ellesmere Lake Lands Act declares land-orders or money scrip not to be available for the purpose of the lake lands, and directs a refund in cash out of the Consolidated Fund to the Public Works Fund of the value of all such orders and scrip heretofore received for such purchases. No. 7. The Kaiapoi Borough Corporation Vesting Act transfers to the Corporation certain portions of the foreshore of the Waimakariri Eiver heretofore vested in the Waiinakariri Harbour Board. No. 8. The Dunedin Garrison Hall Trustees Empowering Act authorises the trustees to raise a special loan, otherwise than under the provisions of "The Volunteer Drill-sheds and Lands Act, 1888," for the redemption of an existing loan of £6,000 now overdue. No. 9. The District of Palmerston North Hospital and Charitable Aid Board Empowering Act empowers the Board to construct a drain in a public street for the purpose of connecting the drains from the Hospital lands, the cost of such street-drain to be repaid to the Board by the borough. No. 10. The Wanganui Harbour Board Act reconstitutes the former Wanganui Harbour Board and Eiver Conservators Board under anew name, and with different official members. No. 11. The Lyttelton Orphanage Lands Vesting Act vests in the Charitable Aid Board having the control of the orphanage the lands used with it but to which they had no title, and authorises the transfer to the said Board of a portion of an unused road also in use in connection with the said orphanage. No. 12. The Gisborne High School Act 1885 Further Amendment Act authorises the appropriation of part of the revenues of the school for scholarships. No. 13. The Mokoreta Cemetery Eeserve Act authorises the transfer of a part of the endowment lands for the Otago High School for a cemetery. No. 14. The Newmarket Hall Act 1874 Amendment Act transfers the control and management of a public hall and reading-room at Newmarket, in the suburbs of Auckland, from an elected committee to the Council of the Borough of Newmarket. No. 15. The Christchurch Hospital Act 1877 Amendment Act vests certain lands heretofore held in trust by the Hospital and Charitable Aid Board, having control of the Christchurch Hospital, for an estate in fee-simple for the purposes of the erection of a nurses' house thereon. No. 16. The Otago University Eeserves Vesting Act removes from the operation of the Land Acts a reserve vested in the Otago University. No. 17. The Auckland Hospital Reserves Exchange Act empowers the acquisition of land, in extension of the Costley Home lands, by the sale or exchange of hospital lands elsewhere. No. 18. The Mahinapua Creek and Lake Reserves Act vests in a local acclimatisation society the lands on the borders of the lake and creek for the purpose of preserving the native fauna and flora. No. 19. The Westland Churches, Schools, and Hospital Vesting Act Amendment Act amends a misdescription of the lands intended to have been conveyed under the principal Act. No. 20. The Hawera Borough Council Enabling Act authorises the transfer from the Council to the Charitable Aid Board of the district of land for the purposes of a general hospital at Hawera. No. 21. The Kaitangata Cemetery Site Sale Act authorises the sale of a cemetery site within the borough, and the acquisition of other land for the purpose outside of the borough. No. 22. The Wanganui River Trust Act Amendment Act enlarges the power of the Trust under the principal Act. No. 23. The St. Albans Public Library Transfer Act authorises the trustees of the library to transfer to trustees of another library in the same district all property of such library, and to amalgamate the two libraries. No. 24. The Halswell River Drainage District Act extends the area of the district, and authorises the Board to provide for the regular outlet of the waters of Lake Ellesmere, in prevention of the flooding of lands. No. 25. The Auckland Domain Vesting Act transfers to the Auckland Borough Council the entire estate and control and management of the Auckland Domain, in trust for public recreation. No. 26. The Nelson and Westland Coalfields Administration Act 1877 Amendment Act makes further provision in respect of the leases of lands in the Westport colliery reserve. No. 27. The Mangawai Harbour Endowment Eeserve Act vests in the Mangawai Road Board a certain harbour endowment, there being no Harbour Board at present constituted for the port. No. 28. The Kyngdon Land-grant Act corrects a misdescription of land authorised to be granted under a former Act. The Private Acts. No. 1. The William Robinson Estate Trusts Act authorises the trustees of the will of a certain deceased person to divide his realised property into seven shares, and creates separate trusts of the said shares. No. 2. The Oamaru Loans Consolidation Act authorises the consolidation of the loans of the borough into one loan at 5 per cent, interest, and the substitution of debentures of the new loan in redemption of those of the outstanding loans.
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No. 3. The Gore Electric Lighting Act authorises the Corporation of the Borough of Gore to contract with an electric-light company for the lighting of the streets and other places in the borough by electricity. No. 4. The Mangatu No. 1 Empowering Act incorporates the owners of a large tract of Native land in Poverty Bay, and authorises the election of a committee of seven of such owners to manage the said land on behalf of the corporate body. No. 5. The Niramona Pini Land Act authorises the antevesting date of a certain Land Transfer certificate of title in favour of a Native to relate back to the date when the Native Land Court first declared him to be the owner of the land.
No. 17. (No. 52.) My Lokd,- — Government House, Wellington, Bth December, 1893. In reply to your circular despatch of the 16th September, 1893, with reference to the marriage-laws prevailing in the colonies, I have the honour to forward the enclosed outline of marriage-laws at present in force in New Zealand, for your Lordship's information. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
A.-2, 1894, No. 24.
Enclosure. Outline op Makbiage-law of New Zealand. The marriage-law of the Colony of New Zealand is consolidated in the Act No. 21 of 1880. Subsequent to this, but in the same year, was passed the Deceased Wife's Sister Marriage Act. Also, in 1889, an Act providing that official records of marriages, when lost, destroyed, or defective, may be supplemented by evidence in possession of private parties; and an Act passed in 1891 regulating the marriage of Quakers, and enacting some new provisions as to officiating ministers. The Act of 1880 provides the following procedure :— The colony is divided into convenient districts, and a Eegistrar-General and District Registrars appointed. Officiating Ministers and Registrars authorised to solemnise Marriage. It is provided that a minister of religion, whose name shall have been sent into the EegistrarGeneral by the persons having ecclesiastical authority over certain specified religious bodies, shall be an officiating minister within the meaning of the Marriage Act, and, in case there be no ecclesiastical authority, the name of a minister may be certified by two duly-recognised office-bearers in his church. In regard to bodies not specified in the Act, the certificate must be signed by the recognised head in New Zealand, or two recognised ministers, or by ten adult members thereof whose signatures are to be verified. The names are sent in December in every year, and the EegistrarGeneral enters every year the names in a book called the list of officiating ministers, a copy of which is gazetted in January. Additional names may be placed on the list during the course of any year. The entry of a name of a minister on the list or Gazette is evidence of his right to solemnise marriage on a Eegistrar's certificate. District Eegistrars are all authorised to solemnise marriages for the convenience of parties who object to be married in the presence of an officiating minister. Notice of Marriage to be given. In every case of intending marriage one of the parties must give notice to the Registrar of the district in which one of the persons shall have dwelt for not less than three days. The notice states the age, name, surname, condition, and calling of each party intending marriage, their dwelling-place, the time that each has lived in the district, and the church or building in which the marriage is to be solemnised. And if the persons live in different districts, the same notice is given to the Eegistrar of each district. The notice is entered in the marriage notice-book and signed by the party giving it. The book is open to inspection. Declaration to be made. The person giving notice of marriage is called upon to make a solemn declaration to the truth of the particulars set forth in the notice, and also, in presence of Eegistrar, another solemn declaration that there is not any impediment of kindred, or alliance, or other lawful hindrance to the marriage, and that one of the persons has for the space of three days immediately before the day of making declaration had his or her place of abode within the district where the marriage is to be solemnised. When either of the persons, not being a widower or widow, is under the age of twenty-one years, the declaration must further state that the consent of the persons or person whose consent is required by law has been obtained, or that there is no person in the colony authorised to give consent.
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Certificate by Begistrar to authorise Solemnisation. After notice given, and declaration made, it becomes lawful for the Eegistrar to issue a certificate to the effect that the requirements of the Act have been complied with, and that the marriage may be publicly solemnised in the presence of an officiating minister, and two or more witnesses, within three calendar months from the date of notice, at the church or building named in the notice-book, but no other place, and between the hours of 8 in the morning and 4 in the afternoon. An immediate certificate can be issued when the notice shows that the parties are of full age, or, if under age, a widower or widow. When the person is under age, and not a widower or widow, the consent of the parent or guardian required to the marriage of such minor must appear on the notice, or be delivered to the Eegistrar separately. The consent must be signed before a Eegistrar, Justice of the Peace, solicitor, or officiating minister, and be so attested. If the declaration states that there is no person in the colony having authority to give consent, the Eegistrar is required to withhold the issue of the certificate for fourteen days after date of notice. A certificate issued by a Eegistrar is full authority to any officiating minister to solemnise any marriage if both parties contracting marriage dwell in the same district, but, if those persons dwell in different districts, certificates from both are required. No certificate may be issued by a Eegistrar if any lawful impediment be shown to his satisfaction to the issue thereof, nor if the issue of the certificate has been forbidden by caveat of persons authorised. It is provided, also, that if any person knowingly and wilfully intermarry without certificate from the Eegistrar, or in the absence of an officiating minister or Eegistrar, the marriage shall be null and void. Consents and Caveats. The father, if resident in the colony, of any minor, if such person be not a widower or widow, or, if the father be dead, the guardian or guardians lawfully appointed, and if there be no guardians or father not in the colony, then the mother if resident in the colony, or if there be no mother resident, then the guardians appointed by the Supreme Court, shall have authority to consent to the marriage of such person, and the consent is required, unless there be no person in the colony authorised to give such consent. In case of any person whose consent is necessary to the marriage of a person under age being non compos mentis, or if a consent be unreasonably withheld, petition may be made to the Supreme Court. A person whose consent is required may forbid the issue of the Eegistrar's certificate by writing, in the presence of the Eegistrar, the word " forbidden " on the entry in the notice-book, and signing; and any person whoever may enter a caveat with the Eegistrar against granting of a certificate. But if a Eegistrar, on examination into the matter of a caveat, refuses to issue a certificate, the person applying has the right of appeal to the Supreme Court. Solemnisation of Marriages. The Eegistrar's certificate, or certificates, as the case may be, are handed to the officiating minister or Eegistrar solemnising the marriage. Every marriage is to be solemnised at the place mentioned in the notice, with open doors, in the presence of an officiating minister or Eegistrar, and of two or more witnesses. If the marriage is by a Eegistrar all the provisions as to notice, declaration, and certificate must be complied with as usual, the Eegistrar, in fact, issuing the certificate to himself or herself (there is one lady Eegistrar in New Zealand). Such marriage must be solemnised at the office of the Eegistrar, each person declaring, in the presence of the Eegistrar and witnesses, as under :— " I do solemnly declare that I know not of any lawful impediment why I, A. 8., may not be joined in matrimony to C. D., and each person saying to the other: I call upon these persons here present to witness that I, A. 8., do take thee, C. D., to be my lawful wedded wife [or husband]." Eegistration of Marriages. Every officiating minister and Eegistrar must register a marriage solemnised by him in his marriage register-book. The entry must be signed by the officiating minister or Eegistrar, the parties married, and the witnesses. There is a penalty of £50 for neglect to enter a marriage in the book. Copies of all marriage entries are sent quarterly to the Eegistrar-General, under penalty for neglect not exceeding £10. The Eegistrar-General causes all marriages to be indexed in his office, and any person can search the general index, or demand a certified copy of an entry of marriage, on payment of the fee. These copies are primd facie evidence in the Courts of Justice of the colony. Offences. Amongst other offences, the following appear in the Act :— A person knowingly and wilfully making a false declaration for the purpose of procuring a Eegistrar's certificate is guilty of a misdemeanour; and similarly a person who forbids the issue of a Eegistrar's certificate by false representations. A person knowingly and wilfully solemnising marriage at a place other than that mentioned in the certificate, or a person solemnising marriage without a Eegistrar's certificate, is guilty of misdemeanour. A person falsely pretending to be an officiating minister, and so solemnising marriage, is guilty of felony. 3—A. 1.
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Fees to be paid to Registrars. & s. d. For every notice given of an intended marriage ... ... ... 026 For every inspection of a marriage notice-book ... ... ... 010 For every caveat entered ... ... ~. ... ...050 For Eegistrar's certificate under section 26* ... ... ... 100 For Eegistrar's certificate under section 271 ... ■•• ... 050 For every marriage solemnised by a Registrar ... ... ... 100 For a search in a Eegistrar's marriage-book extending over a period of not more than one year ... ... ... ... ...026 For every additional year ... ... ... ... ...010 For every single certified copy of an entry therein ... ... ...026 For the same, under the seal of the Eegistrar ... ... ... 050 For every search in any index or marriage records in the office of the Eegistrar-General ... ... ... ... ... ...050 For every single certified copy of any marriage entry in the records of the Eegistrar-General's office ... ... ... ... 026 For the same, under the seal of the Eegistrar-General ... ... 0 5 0 Limitation of Age for Marrying. There is not any statutory limitation of age at which a Eegistrar may refuse to issue a certificate to authorise a marriage. The statute does not limit or control the Eegistrar's functions in this respect beyond imposing certain conditions as to consent of parents or guardians in the case of persons under age; but the common law of England applies in New Zealand with respect to the age of matrimonial consent. Prohibitions. It will be seen by the foregoing outline of the Marriage Act that every Eegistrar has discretionary power to withhold the issue of a marriage certificate, if lawful impediment be shown, or if certificate be forbidden by caveat, &c. The lawful impediments are the legal affinities named in the book of common prayer of the Church of England (except that marriage with a deceased wife's sister is now legalised in New Zealand), and such impediments as that of a previous union (wife or husband known to be alive) or the absence of a written consent of parent or guardian in case of a minor. Divorce in New Zealand. The divorce-law of New Zealand is contained in " The Divorce and Matrimonial Causes Act, 1867," and a small amending Act passed in 1881 giving to one Judge all the powers and jurisdiction vested in three or more Judges by the principal Act. A copy of each of these Acts is enclosed, from which it will be seen that they contain very similar provisions to those of the English Acts. The grounds on which divorce can be obtained in New Zealand are the same as in England— viz.:— By the husband—on the ground of adultery alone (section .17). By the wife —on the ground of incestuous adultery, or of bigamy with adultery, or of rape, or of sodomy, or of bestiality, or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mansa et thoro under the law heretofore existing in England, or of adultery coupled with desertion without reasonable excuse for two years or upwards (section 18). A copy of every petition has to be delivered to the Attorney-General or Solicitor-General on the same day as the petition is presented, and he may intervene, within fourteen days from service, to oppose petition. The rules of pleading and procedure in force in New Zealand were adopted, mutatis mutandis, from the English procedure under the Act of 1857 (20 and 21 Vict. cap. 85). They have not been changed in any material point since first issued. As to the cost of obtaining a divorce in this colony, see the schedule " fees " contained in the Eules and Eegulations under " The Divorce and Matrimonial Causes Act, 1867." (Copy herewith.) E. J. yon Dadelszen, Eegistrar- General.
No. 18. (No. 58.) My Lobd, — Government House, Wellington, 22nd December, 1893. With reference to the request in your despatch (New Zealand, No. 48) of the 3rd October, 1893, for a report from my Government as to present state of the graves of British seamen and soldiers at Eangiriri, I have the honour to enclose a copy of the reply I have received from my Premier, which I trust your Lordship will consider satisfactory. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
A.-2, 1894, No. 27.
• Immediate certificate of marriage. t For marriage of minor, fourteen days' notice when no person in colony to give consent.
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Enclosure. His Excellency the Governor. The graves at Eangiriri have been inspected, and it was found that they were much overgrown with bush and scrub, and the head-boards, being made of wood, have in a great many instances rotted and disappeared. Orders have been given for the graveyard to be thoroughly cleared and cleaned and the fence painted, and as soon as these repairs are completed it is proposed to place a four-sided monument in the centre of the graveyard, with the names of the casualties of eachof the four regiments that were engaged at Eangiriri thereon. The officers who fell at Ranginri are buried in the Symonds Street cemetery, Auckland, and orders have been given for their graves to bo thoroughly renovated. 13th December, 1893. E - J - Seddon.
No. 19. (No. 59.) My Lokd,— Government House, Wellington, 22nd December, 1893. I have the honour to annex copy of a letter I have received from Sir John Thurston concerning certain regulations which he has issued in the Western Pacific, which he considers should apply in the ordinary course to the Cook Group, and certain suggestions, which he considers would meet the difficulty, with regard to the present position of these islands. I would point out to your Lordship that the fact of my having to forward a copy of this letter to your Lordship brings into prominence the inconvenience of there being what I may term—at least as far as correspondence is concerned—a divided jurisdiction in these islands. , , Your Lordship will no doubt communicate with the High Commissioner your opinion on the subject, and, as the High Commissioner does not correspond with the Eesident in the Cook Islands, when I have the honour to receive a despatch from you on this subject I shall communicate its contents to him. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
Enclosures. High Commissioner's Office, Western Pacific, Suva, Fiji, My Loed— 14th October, 1893. I have the honour to forward herewith copies of the following regulations made under the authority of the Pacific Order in Council of 1893 : No. 3 of 1893—Arms Amendment; No. 4of 1893—Liquor Prohibition ; No. 5 of 1893—Gilbert Group. I also forward, copies of a rule of Court with regard to judgments against natives of the Gilbert Islands. The effect of Eegulations 3 and 4 is to extend the provisions of the Arms and Liquor Prohibition Sedations to all persons residing within the limits of the British Protectorate in the Western Pacific. Ihave &c, John B. Thurston. His Excellency the Eight Hon. the Earl of Glasgow, G.C.M.G., Governor of New Zealand.
High Commissioner's Court.Western Pacific, Suva, Fiji, My Loud,— 23rd October, 1893. Eeferring to my despatch of the 12th instant, with regard to the jurisdiction of the High Commissioner in the Cook Group, I have the honour to inform your Excellency that from Mr. Boss's report I learn that under certain circumstances it is permitted by local law to supply alcoholic liquor to natives, and that therefore the local law permits such supply under circumstances in which it is forbidden by the Liquor Prohibition Regulation. I have therefore addressed to the Secretary of State a proposal that I should either issue a regulation exempting the Cook Group from the operation of the Liquor Eegulation, or amend the regulation by a proviso that the supply of alcoholic liquor when lawful under a law of the Protectorate, approved by the British Eesident, shall not be deemed an offence against the >U lt has also occurred to me that possibly it may be lawful in the Cook Group to permit the sale of firearms and ammunition to natives for sporting purposes, and that, if so, it may be advisable to modify the Arms Eegulation in the manner proposed in the case of the Liquor Prohibition Eegulation. ~ . . I shall be glad if your Excellency will communicate with the Secretary of State direct on this subject, so that I may receive his Lordship's instructions. _ Should Her Majesty's Government decide to remove the Cook Group from the operation of the Pacific Order in Council of 1893, of course no amendment of the regulations will be necessary. I have, &c, John B. Thueston. His Excellency the Eight Hon. the Earl of Glasgow, G.C.M.G., Governor of New Zealand,
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No. 20. (No. 60.) My Lord, — Government House, Wellington, 23rd December, 1893. I have the honour to acknowledge your despatch (New Zealand, No. 42) of the 30th August last, in which you express the regret of Her Majesty's Government at the action taken by the Governments of Queensland and New South Wales in establishing telegraphic communication with New Caledonia, as implying a departure from the principles with regard to colonial cohesion and Imperial interests. Having referred your Lordship's despatch to my Ministers, I have the honour to inform you that they do not share the views of the Government of Victoria that the independent action of the Governments of New South Wales and Queensland has placed the colonies in an embarrassing position ; it is agreed, with Her Majesty's Government, as to the danger in time of war if the Pacific cable passed through New Caledonia ; but it is understood that steps are being taken to secure the laying of a cable entirely through British territory, and that there is hardly any prospect of the cable which has been successfully laid to New Caledonia being continued across the Pacific. I have, &c, GLASGOW. The Eight Hon. the Marquis of Ripon, G.C.M.G., &o.
A.-2, 1894, No. 23.
No. 21. (No. 61.) My Lord, — Government House, Wellington, 26th December, 1893. I propose in this despatch, with your permission, to refer to the connection between this colony and the Cook Group of islands, and to state for your Lordship's consideration the reasons why I am of opinion that the intermediary position which this colony holds between the islands in question and the Colonial Office should no longer be maintained. 2. In consequence of an understanding arrived at between Her Majesty's Secretary of State and the New Zealand Government, on the 25th November, 1890, Mr. F. J. Moss, then a member of the House of Eepresentatives, was appointed British Resident at Rarotonga, in place of the Acting-Consul, Mr. Exham, who had until then looked after British interests there. The necessary instructions for Mr. Moss's guidance were issued by the Governor, with the advice of his Ministers, and since that date all correspondence regarding the maintenance of order and good government in the group has passed between the Resident and the Governor of New Zealand, and by the latter has been forwarded to the Colonial Office. 3. The principal if not the only reason which appears to have caused the New Zealand Government to desire this arrangement was, as I understand, in order that colonial trade with the islands might be stimulated and encouraged, and it was thought that bringing the group into closer connection with the colony would have that effect; but there are grounds for believing that the trade of these islands will naturally gravitate to this colony without any artificial means of guiding it into New Zealand, channels. 4. The objections to the present arrangement appear to be as follows: — (a.) The natural channel for transmission of all Pacific islands correspondence to the Colonial Office is undoubtedly the High Commissioner. He is an important officer, chosen for his experience among the Pacific islands, and his acquaintance with their wants, their manners and customs ; and it appears unadvisable that one group of these islands should lose his able supervision. On all questions connected with the islands he possesses the necessary qualifications for dealing authoritatively with them, qualifications which have hitherto not been considered a necessary attribute of the Governor of this colony. (b.) The proximity of these islands to the French colony of Tahiti has already on one occasion caused correspondence between the French Government and the British Resident—namely, the extradition of a criminal wanted at Tahiti. It is possible to conceive of occasions arising when the experience and advice of the High Commissioner might be of service to the Resident.
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(c.) The Cook Group is undoubtedly within the jurisdiction of the High Commissioner, and he exercises it on occasions, and it is the only group thus situated in which the British Eesident does not correspond with the High Commissioner. (d.) The double jurisdiction over these islands causes waste of time and correspondence, as, if the High Commissioner wishes to communicate with the Eesident at Earotonga, or vice versa, all such communications pass through the Governor of New Zealand. 5. I have communicated with my Ministers with respect to this matter, and this despatch represents their opinion as well as my own. 6. I have the honour to enclose despatches as per margin bearing on this question, and showing, as I believe, the necessity for the change I advocate; and I have therefore the honour to request that your Lordship will be pleased to relieve me from the responsibility of corresponding with the Eesident at Earotonga, and cause him in future to write to the High Commissioner. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, Gr.C.M.G., &c.
Enclosure No. 1. Sic, — Government House, Wellington, 26th September, 1893. I have the honour to forward, for your Excellency's information, a copy of a despatch I have received from the British Eesident at Earotonga, concerning a Court held there by Mr. Eoss, a Judicial Commissioner of the Pacific, to inquire into an application made to him for a summons to recover money in the hands of Donald and Edinburgh, in Earotonga, in connection with the " Norval" case. Your Excellency was good enough to send me a copy of the Order in Council of the 15th March, 1893, with reference to your jurisdiction in the Western Pacific, but this has, unfortunately, been mislaid, and I am therefore unable to refer to it. But it appears to me doubtful whether your Excellency's deputy has any jurisdiction in an island such as Earotonga, which is under the supervision and control of a British Eesident, and also under the gttasi-protectorate of this colony. I therefore have the honour to refer the matter to your Excellency for your opinion, and I also enclose for your information a memorandum from myself to my Ministers on the subject, and their reply thereon. On receiving your Excellency's reply, I shall have the honour of referring the matter for the consideration of the Eight Hon. the Secretary of State for the Colonies. I have, &c, Sir John Thurston, K.C.M.G., Consul-General, and Glasgow. High Commissioner for the West Pacific.
A.-5,1894, No. 4.
A.-5, 1894, Nos. G, 7, 8.
Enclosure No. 2. High Commissioner's Office, Western Pacific, Suva, Fiji, My Loed,— 12th October, 1893. I have the honour to acknowledge the receipt of your Excellency's despatch of the 26th September, covering printed copy of a correspondence received from Mr. Moss, British Eesident at Earotonga, concerning the Courts held there by Mr. Special Judicial Commissioner Eoss, together with minutes thereon by your Excellency, and by the Attorney-General and the Premier of New Zealand. 2. I forward herewith copies of the Pacific Order in Council of 1893, which will aid your Excellency and your Advisers in forming an opinion with regard to this jurisdiction exercisable by the High Commissioner's Court in the Cook Group. 3. Article 6, paragraph 2, states the geographical limits within which the Order in Council is at present to be applied. The islands of the Cook Group are within these limits. 4. Article 4 states that the limits of the Order in Council shall include— (a.) Islands and places which are for the time being British settlements; (b.) Islands and places which are for the time being under the protection of Her Majesty; (c.) Islands and places which are for the time being under no civilised Government, but exclusive of —(1) Islands and places within any part of Her Majesty's dominions or the territorial waters thereof, which are for the time being within the jurisdiction of the Legislature of any British possession; (2) any place for the time being within the jurisdiction of any civilised power. 5. In view of the above paragraphs (a) and (b), it is evident that the words " civilised power," in paragraph 2, means any " foreign civilised power." I may also mention that while British New Guinea was under the protection of Her Majesty, and not annexed to Her Majesty's dominions, Sir Peter Scratchley, Sir John Douglas, and some of their subordinate officers, held commissions as Deputy-Commissioners to enable them to hold Courts within the protectorate. This was under the Pacific Order in Council of 1877, which also excluded from the High Commissioner's jurisdiction islands and places within the " jurisdiction of any civilised power."
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6. It appears, therefore, to me unquestionable that the High Commissioner's Court has jurisdiction in the Cook Group. 7. The Attorney-General of New Zealand says, " I am curious to know what is New Zealand's position in such a case, and what duties, if any, have the Government of this colony in respect of the British protectorate over Earotonga and the Cook Islands generally. I have never been able to understand our relative positions." And the Premier says, "There is nothing in our Constitution to warrant the interference of the New Zealand Government in matters outside the boundaries of the colony." 8. These expressions are confirmatory of the opinion that the relations existing between New Zealand and the Cook Group are not of such a nature as to oust the High Commissioner's jurisdiction. Neither the Legislature nor the Courts of New Zealand can exercise jurisdiction within the protectorate. 9. The position of New Zealand with regard to the protectorate appears to me to be this : A British Eesident has been appointed. This officer's duties are political. He acts under the supervision of the Governor of New Zealand, who consults his Ministers, although he is not bound to take their advice. The Eesident has conferred on him none of Her Majesty's judicial jurisdiction in the group. 10. On the High Commissioner has been conferred by Her Majesty certain legislative and judicial authority. As regards legislation, it may appear somewhat inconsistent that the High Commissioner should possess such powers in view of the position of the Governor of New Zealand. On the other hand, both the Governor of New Zealand and the High Commissioner act under the direction of the Secretary of State, and the High Commissioner will not make any special legislation for the Cook Group except under instructions from the Secretary of State, or with the concurrence of the Governor of New Zealand. 11. As regards the jurisdiction of the High Commissioner's Court, it does not appear to me in any wey inconsistent with the position of the Governor of New Zealand and the British Eesident. Its jurisdiction is purely judicial. 12. For your Excellency's assistance, in addressing the Secretary of State in accordance with paragraph 5 of your Excellency's memorandum to the Premier of New Zealand, I beg leave to make the following observations : — 13. It does not appear to me that the jurisdiction of the High Commissioner's Court ousts any jurisdiction possessed by the local Courts. So far as the jurisdiction of the High Commissioner's Court extends, I agree with the opinion expressed by Mr. Boss, that it is concurrent with that of the local Courts. Further, I am instructed that under the Pacific Order in Council 1893 the coercive jurisdiction of the Court may be assumed over foreigners in a British protectorate, but that the jurisdiction over natives in such protectorate will depend upon treaties made with the local sovereign power, if any. As no treaty has yet been ihade placing the natives of the protectorate under the jurisdiction of the High Commissioner's Court, such natives are not at present subject to its coercive jurisdiction. 14. Under the earlier Orders in Council the jurisdiction of the Court was expressly restricted to British subjects, and while this was the case it was, in my opinion, highly desirable that local Courts should be made use of as much as possible. The inability of the High Commissioner's Court to deal with foreigners would have been the cause of much dissatisfaction if its jurisdiction had been exercised over British subjects. The pacific Order in Council of 1893, however, restricts the jurisdiction of the Court only in such places which are not British settlements, or under the protection of Her Majesty. See Article 5. 15. Mr. Moss's despatches showed that the existing local Courts are not sufficient for all purposes. If they had been, the cases heard and dealt with by Mr. Eoss would never have come before the High Commissioner's Court. 16. Paragraph 2 of your Excellency's memorandum to the Premier of New Zealand states that " the Governor considers the Penrhyn natives who arrived in Earotonga in the ' Omaka' should have been referred to the proper constituted authority in the islands, instead of to Mr. Eoss, when they desired to apply for the recovery of their money in the hands of Donald and Edinburgh." The natives had applied to the local authority. Complaint was made to Judge Tepou on the 23rd September, 1892, and judgment given on the 28th September, 1892, for the refund of a sum of $2,000, but the Court did not feel itself strong enough to enforce its own judgment. Had its order been enforced, the schooner " Norval " would never have been seized, and Her Majesty's Government would have been saved the cost involved by the despatch of a special Judicial Commissioner. As observed by Mr. Moss, the decision given by Mr. Eoss is exactly the same as that of Judge Tepou, the difference lying in the respective powers to enforce the judgment when given. 17. Again, in the case of the Gati Kareki Mr. Moss remarks, " the case had been several times before the Judge Tepou, but without definite result." 18. From these facts and others mentioned by Mr. Moss, it is clear that the Courts of the protectorate are not sufficient for all purposes. Mr. Moss says, " The appointment of a properly qualified lawyer as, at all events, an assistant Judge would be very desirable, and is only a question of time," and discusses the question whether the appointment of the British Eesident to be a Deputy Commissioner may meet the case. 19. Such a course would be open to some objection on the ground that the Eesident is under the supervision of the Governor of New Zealand, and the Deputy Commissioner under that of the High Commissioner. It is also open to some objection, as pointed out by Mr. Moss, as combining a political, and in some respects an executive, with a judicial office. 20. As regards this latter objection, it may be said that the position of Deputy-Commissioner would in no way prevent the Eesident from continuing, as now, to advise the native authorities with regard to legislation, nor would it prevent him from giving such assistance as at present in matters affecting natives only. In other respects it would be necessary for the Eesident to take
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care to avoid any proceedings which could make him an interested party, or otherwise disqualify him from adjudicating on any matters brought before the Court. Such proceedings are not likely to be of frequent occurrence, and if in any case it should happen to be absolutely necessary that the Resident should take a part that would disqualify him for acting judicially, then, if occasion arose, arrangements might be made for the disposal of the case by some other member of the Court. 21. In the event of the appointment of a resident Deputy-Commissioner being considered desirable or necessary, I think the following arrangements might be made with the native authorities with regard to the jurisdiction of the High Commissioner's Court and <sf the local Courts : The High Commissioner's Court to exercise the jurisdiction now vested in the Federal Supreme Court. The local Courts to have jurisdiction in all other cases subject to this provision: that in cases where one of the parties was a foreigner or British subject, either party should have the right to have the case removed to the High Commissioner's Court; the High Commissioner's Court to exercise, in cases where both parties were natives only, such jurisdiction as is now vested in the Federal Supreme Court, or, as may be from time to time agreed upon between Her Majesty's Government and the native authorities. Laws relating to matters of local police could be made enforceable in the High Commissioner's Court by regulations of the High Commissioner. In the absence of such regulations any law relating to local police, and approved by the Resident, to be dealt with by the local Courts only. 22. Under this arrangement the equality among themselves of the various native governments (a matter to which I understand the native chiefs attach much importance) would be thoroughly secured, while purely native matters would remain entirely in the hands of the native authorities, and an efficient Court would be established to deal with other cases. 23. So long as matters remain as they are at present, the local Courts will, I apprehend, deal, as far as they feel strong enough to enforce their judgments, with all matters arising within their jurisdiction, unless such matters happen to be the subject of proceedings actually pending before the High Commissioner's Court. As a general rule the High Commissioner's Court would not be available, for I should not send any member of the Court to the Cook Group except by direction of the Secretary of State, or on the request of your Excellency. In the event of a case arising which, in the opinion of the Resident, it was advisable should be dealt with by the High Commissioner's Court, he might obtain a stay of the proceedings in the local Court, and make application to me through your Excellency, and subject to your Excellency's approval, for the appointment of a special Judicial or Deputy Commissioner. 24. "When Mr. Ross was appointed the schooner " Norval " was at Penrhyn Island, and it was not contemplated by me that any Courts would be held at Rarotonga, though, under the circumstances, I am of opinion that Mr. Ross acted rightly in exercising the jurisdiction of the Court. 25. With regard to the jurisdiction exercised by the High Commissioner's Court, I may point out the advantage of its decisions being open to review by the Supreme Court of Fiji, and by the Privy Council. Leave to appeal is not, however, a matter of right, except in certain criminal cases; so that the course of justice is not stayed by frivolous appeals. 26. In Part XV. of the Pacific Order in Council provision is made for the registration of the marriage of British subjects. Although the Order in Council and the Foreign Marriage Acts do not render invalid any marriages that would otherwise be valid, marriages celebrated in accordance with the provisions of the Order in Council have this advantage : that they are more easily proved. The advantage thus conferred on British subjects in Rarotonga by the extension to them of the High Commissioner's jurisdiction is one which can scarcely be equalled by that afforded by registration in accordance with the laws of a native protected Government. 27. In reply to a communication on this subject from the London Missionary Society, I have stated that British missionaries in the Cook Group must comply with the provisions of the Order in Council with regard to the celebration of marriages by them, and that the local laws with regard to registration must also be complied with. 28. Your Excellency will also observe that provision is made for the registration of births and deaths of British subjects, but it is probable that these provisions are not generally known in Rarotonga. I think the provisions of the Order in Council would be sufficiently complied with if such reports of births and deaths were transmitted to the High Commissioner through the medium of the Resident, who before forwarding the same could see that they were entered in the local registry, which I understand is kept at Rarotonga, and who could see that the High Commissioner received reports of all births and deaths of British subjects registered locally. 29. lam not aware if the local Courts grant probate and letters of administration. If they do not, it appears to me that under the provisions of the Order in Council, probate, or letters of administration, must be taken out in the High Commissioner's Court. In such an event, I think, if the Resident could accept a commission as a Commissioner for the administration of oaths, rules could be made to facilitate the grant in Fiji of probate and divorce in non-contentious cases. 30. I trust the foregoing information and suggestions, together with the copies of the Pacific Order in Council of 1893, will be of service to your Excellency and Ministers in arriving at an opinion as to what changes, if any, are desirable in the administration of government in the Cook Group. I have, &c, John B. Thubston. His Excellency the Right Hon. the Earl of Glasgow, G.C.M.G., Governor of New Zealand.
Enclosure No. 3. High Commissioner's Office, Western Pacific, Suva, Fiji, My Lord,— 29th November, 1893. Referring to previous correspondence on the subject of the Courts held in Rarotonga by Mr. Ross, I have the honour to inform your Excellency that I have been informed that Mr. Donald has refused to comply with the terms of the judgment given by Consul in the case of Karika v.
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Donald and Edinburgh. Subject, therefore, to any order that may be made by the Supreme Court of Fiji in the event of Mr. Donald applying for leave to appeal against Mr. Boss's judgment, it will be the duty of the High Commissioner's Court to enforce the judgment on application being made. In order to facilitate application being made in Fiji, I am desirous of appointing a Commissioner for the purpose of taking oaths in Baratonga. I have therefore written a letter to Mr. Moss, the British Eesident, which I enclose under flying seal, and, if your Excellency approves, I shall be glad if it can be forwarded by the first opportunity. I have, &c, * John B. Thubston. His Excellency the Eight Hon. the Earl of Glasgow, G.C.M.G., Governor of New Zealand.
No. 22. (No. 3.) My Lobd, — Government House, Wellington, 15th January, 1894. With reference to your despatches (New Zealand, No. 54) of the Bth November, 1892, and (New Zealand, No. 61) of the 28th November, 1893, as to the importation of Australia's meat into Egypt, I have the honour to inform your Lordship that my Government quite recognise the importance of this trade. The letter containing the suggestions of the Egyptian Minister for Foreign Affairs has been published in the New Zealand Gazette, and a copy sent to all freezing companies and others in this colony interested in the exportation of frozen meat to Port Said. I have, &c, GLASGOW. The Eight Hon. the Marquis of Kipon, G.C.M.G., &c.
A.-2, 1892, No. as.
No. 23. (No. 5.) My Loed, — Government House, Wellington, 21st February, 1894. In reply to your despatch No. 54, of the 28th October, 1893, relating to the conveyance of poisons by sea, and the particulars of cases of improper stowage requested by the Board of Trade, I have the honour to enclose herewith a memorandum from the Government of New Zealand on the subject. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
A.-2, 1894, No. 29.
Enclosure. Memorandum. With reference to the despatch received from the Secretary of State, dated the 28th October last, covering correspondence with the Board of Trade on the subject of the conveyance of poisons by sea, a circular was issued on the 21st April, 1893, to the collectors at the various ports in New Zealand bringing under their notice the requirements of the Board of Trade, and instructing them to report any instance of improper stowage, or absence of labels, stating nature of contents of packages which might come under the notice of the waterside officers. Up to this date, however, no cases have occurred requiring special report; but the master is not lost sight of, and any infraction of the law will be at once communicated for transmission to the Board of Trade. In connection with this subject, it may be pointed out that, while due care appears to be exercised in the transmission of packages containing poisons brought over sea, one or two recent cases of poisoning are supposed to have been caused by the accidental mixing of poisons with food in course of local transit, and, to guard against this as much as possible, it is proposed to introduce special legislation during the next session of Parliament. D. McKellae, Ist February, 1894. For Secretary and Inspector.
No. 24. (No. 6.) My Loed, — Government House, Auckland, N.Z., 10th March, 1894. With reference to your despatch (New Zealand, general), dated the 25th November, 1893, regarding postponement of International Telegraph Congress at Buda-Pesth, I have the honour to inform your Lordship that my Government approves of the suggested postponement of the Congress from 1895 to 1896. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
A.-2, 1894, No. 31.
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No. 25. (Telegram from Governor to Secretary of State.) 20th April, 1894. Am requested by Government suggest that Imperial Government will endeavour to abrogate Samoan treaty, assume protection of Navigator Islands, in which case this Government would be willing to administer affairs there; or, should treaty Powers decide treaty remains in force, provision might be made for New Zealand Government administer on behalf of Powers. GLASGOW.
No. 26. (No. 8.) My Lobd, —■ Government House, Auckland, 20th April, 1894. I have the honour to inform you that I left New Zealand on the 20th March in the Government steamer " Hinemoa," for the purpose of visiting the Cook Islands. We arrived at Earotonga on the 29th, and stayed eight days, after which we visited the Islands of Mangaia and Aitutaki, leaving the smaller Islands of Mitiara, Atiu, and Mauka unvisited. Karotonga is a beautiful island, nine miles long, of volcanic origin, very fertile, and producing excellent coffee, copra, oranges, and all tropical fruits. Only one-fourth of ths island is -under cultivation, as the population is only 1,900, whereas the island could easily maintain 10,000 people. Mangaia and Aitutaki are also beautiful and fertile islands, and capable of bearing a large population—the former partly volcanic, and partly of coral formation, the latter the centre of an atoll. It has been a most interesting visit. The people belong to the Polynesian race, and are very nearly allied to the New Zealand Maoris. They are a very prepossessing and interesting people, and it is melancholy to reflect that they are a fast-diminishing race, and it was plain that there are not so many children as there ought to be. Before leaving I took occasion to hoist the flag lately granted to the group, in the presence of the chiefs and a large assemblage of the population of the islands, in front of their Parliament House. They appear to be gratified for being allowed to have a flag granted to them by Great Britain. I satisfied myself that Mr. Moss has the confidence and the esteem of the people. I, however, consider it unfortunate that he does not occupy the excellent house which the natives have built for a Eesidency. His reason is that he cannot afford to furnish it, and at the same time to pay the expense of removing his family from New Zealand. It has also no water-supply, and to obtain one would entail considerable expense. With regard to the federation of the group and the present representative government, as far as it has gone, it has been successful; but it appears doubtful if they quite understand what they have been doing. Mr. Moss aims at getting them to agree to a legal form of taxation, which they would practically not feel at all, but which will admit of paying the salary of a doctor in the Island of Earotonga, of establishing schools where English will be taught, and, perhaps, of opening up roads through the island. A resident doctor would be a great boon to Earotonga. The missionaries know something of medicine, but there would be an opening for a thoroughly qualified medical man, who might be able to cope with the large amount of disease which exists in the island; and, also, might, by instilling a knowledge of hygiene among the people, arrest the gradual decrease of the population. With regard to the question of jurisdiction, and the proper channel for communication between the Eesident and the Colonial Office, about which I had the honour of writing a despatch to your Lordship on the 26th December, 1893, I: can only say that, if your Lordship should decide that the Cook Islands correspondence shall still go through my hands, 1 shall be able to take a more intelligent interest in the affairs of the group than I did before. At the same time, writing as I am doing without having as yet received your Lordship's reply to the above-mentioned despatch, I am bound to state that my visit to the islands confirms me in the belief that the experience of the High Commissioner, and 4—A. 1.
No. 21.
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the information contained in the archives at his disposal, whoever he may be,, must always make him better qualified than any one else to deal with any questions arising, with respect to these islands. Just before quitting Earotonga two letters were handed to me, which had just arrived, as I understand, by a schooner, one purporting to be from the Government of the islands of Eaiatea and Taha, and the other from the Government of the island of Huahina, asking me to assume a protectorate, in the name of Great Britain, over those islands. My reply to these letters had to be written at very short notice, and, of course, in the negative. I have the honour to enclose copies of the two letters, and of my replies. I ought, perhaps, to mention that I received presents from the chiefs of specimens of native manufacture, such as straw hats, mats, &c. It would have been contrary to the native custom, and would have neutralised all the good of my visit, had I declined to receive them, and, as they were of little intrinsic value, I thought it best to accept them. I have, &c, GLASGOW.
No. 27. (No. 9.) My Lord, — Government House, Auckland, 9th May, 1894. I have the honour to inform you, with reference to your despatch (New Zealand, No. 64), dated 18th December, 1893, with regard to surveying of passenger vessels, that no regulations on the subject have been issued in this colony ; but that the Inspectors have been instructed to be guided by the Eegulations of the Board of Trade. I have, &c, GLASGOW. The Eight Hon the Marquis of Eipon, G.C.M.G., &c.
A.-2, 1894, No. 34.
No. 28. (No. 10.) My Loed, — Government House, Auckland, 9th May, 1894. I have the honour to forward herewith, at the request of my Ministers, copy of a resolution passed at a sitting of the Australasian Postal and Telegraph Conference on the 19th March, 1894. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
Enclosure. Memoeandum for His Excellency. At the request of his colleague, the Hon. the Postmaster-General, the Premier has the honour to forward copy of a resolution passed at the Postal Conference recently held in Wellington, relating to "penny postage," with the request that His Excellency will be good enough to forward it to the Imperial Government. E. J. Seddon. Premier's Office, Wellington, 25th April, 1894.
Coi of Eesolution passed at a Sitting of the Australasian Postal and Telegraph Conference on the 19th March, 1894. Penny Postage. Besolved, " That, with regard to the proposals from time to time made for penny postage between Great Britain and the colonies, and more recently that such be adopted for letters from the United Kingdom, leaving the rate from the colonies as at present, this Conference, while recognising the desirableness of adopting the lowest possible rate, desires to express the opinion that the heavy cost of providing speedy and regular communication does not admit of any further reduction being made at the present time, the reduction to 2id. in 1891 having resulted in an annual loss to the colonies of about £40,000; and that the partial reduction proposed—namely, in the rate from Great Britain —would be most desirable, as such a measure would compel the colonies to reduce their inland and intercolonial rates from 2d. to Id., involving a probable loss to them of a quarter of a million per annum, in addition to that already mentioned as the result of the reduction to 2fd.; and that a copy of the foregoing be transmitted to the Imperial Government." •
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No. 29. (No. 11.) My Lobd, — Government House, Auckland, 12th May, 1894. I have the honour to forward herewith a copy of a memorandum addressed to me by my Premier which is the amplification of my telegram of 20th April, 1894, to your Lordship with reference to the proposal of New Zealand regarding Samoa. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
No. 25.
Enclosure. Memorandum for His Excellency. Considering the difficulty which has arisen in the administration of the Navigator Islands (Samoa) under the joint treaty between Great Britain, Germany, and America, the New Zealand Government ventures to suggest that the Imperial Government should endeavour to abrogate the treaty, and assume a protectorate over those islands, in which case the New Zealand Government would renew the offer made so far back as 1872, and again in 1884, to assume the control. The correspondence can be found on reference to the Appendices to the Journals of the New Zealand House of Bepresentatives —A.-4, 1884, and A.-4d, 18SL5. % There can be no doubt that from its geographical position, and the interest the colony has in the Pacific cable and mail routes, it is peculiarly well adapted to administer the affairs of these islands; and if the foreign treaty Powers could be induced to withdraw, the Government has every confidence that it could speedily put matters on a satisfactory footing. Should, however, the treaty Powers fail to come to such an understanding, and determine that the treaty should remain in force, this Government would suggest that an addition should be made, under which New Zealand should administer affairs in the islands on their behalf. The Premier respectively requests that His Excellency will be good enough to forward this memorandum to the Eight Hon. the Secretary of State for the Colonies for the consideration of the Imperial Government. E. J. Seddon. Premier's Office, Wellington, 20th April, 1894.
No. 30. (No. 13.) My Loed,— Government House, Auckland, 12th May, 1894. I have the honour to forward copy of memorandum from my Premier regarding the supply of Martini-Henry rifles for the use of this colony. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
Enclosure. Memorandum for His Excellency the Governor. The Premier has the honour to draw the attention of His Excellency the Governor to a reply given by the Eight Hon. the Secretary of State for War, in the House of Commons, to Colonel Nolan, M.P., on Monday, 26th February last, to the following effect: "That in India there are LeeMitford rifles for the European troops, and a reserve ; in the colonies the infantry is armed with them, and at Home there is an ample supply of arms for the regulars and the militia, and a large reserve in addition." From this reply a natural inference may be drawn that there must now be a large surplus stock of Martini-Henry rifles in possession of the War Department at Home, which were formerly held as a reserve, and which it is presumed are unused; and it is suggested that His Excellency should bring to the notice of the Imperial Government the fact that, in consequence of the insurmountable difficulty that has been experienced in obtaining good Martini-Henry rifles at a moderate price, the whole of the local forces of New Zealand are still armed with the obsolete Snider rifles, with a view to the Imperial Government being pleased to allow the New Zealand Government to obtain 5,000 or more Martini-Henry rifles with bayonets and scabbards complete from those now in stock of the Imperial Government at a reasonable price. It is apparent that any colonial Government is at a considerable disadvantage in purchasing arms or warlike stores in the Home-market, and, as the question of properly arming the colonial forces is an essential feature in the scheme of Imperial defence, it is earnestly hoped that the Imperial Government may be pleased to see its way to grant this request, and so relieve the colony from a serious difficulty. E. J. Seddon, 25th April, 1894. Premier and Defence Minister.
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No. 31. (No. 14.) My Lobd, — Government House, Auckland, 12th May, 1894. I have the honour to inform you, in reply to your despatch (circular dated 30th November, 1893), that my Government did not desire that this colony should come under the operation of the treaty therein mentioned between Great Britain and Servia. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
A.-2,1894, No. 32.
No. 32. (No. 16.) My Loed, — Government House, Auckland, 12th May, 1894. In reply to your despatch (circular dated 10th March, 1894), I have the honour to recommend that Her Majesty may be graciously pleased to permit Sir Francis Dillon Bell, K.C.M.G., Sir George Maurice O'Eorke, Knight, and William Jukes Steward, Esq., to assume the title of "honourable," they having each filled the office of Speaker of the House of Eepresentatives for the prescribed period. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
A.-2, 1894, No. 38.
No. 33. (No. 18.) My Loed, — Government House, Auckland, 19th May, 1894. I have the honour to transmit, at the request of my Government, copy of a memorandum, dated the 4th instant, from my Postmaster-General, covering a copy of a resolution passed by the Postal and Telegraph Conference lately held in Wellington, and attended by representatives of the various Australasian Colonies. There can be no doubt but that this resolution embodies the unanimous feeling of the whole of the Australasian Colonies. It would be out of place for me to enter into the reasons and various arguments in favour of the establishment of the proposed Canadian Pacific cable; they are already well known to the Imperial Government, and, should it be deemed practicable to give effect to the resolution, and so to enable the cable to be laid, there can be no doubt that it will tend to draw closer the bonds that unite the Australasian Colonies to the Mother-country. I venture to express the hope that this matter will receive the favourable consideration of Her Majesty's Government. I have, &c, GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
Enclosures. Memoeandum for His Excellency. At the request of his colleague, the Hon. the Postmaster-General, the Premier respectfully begs to submit copy of a memorandum dated the 4th instant, covering a copy of a resolution passed by the Postal and Telegraph Conference held in Wellington in March last on the subject of the establishment of a Pacific cable, and to request that His Excellency will be good enough to transmit it to the Eight Hon. the Secretary of State for the Colonies for favourable consideration. There can be no doubt but that the assistance of the Imperial Government would secure the success of the undertaking; and the Premier trusts that His Excellency will place the matter before Lord Eipon in such a light as will secure its favourable reception. W. P. Beeves, Premier's Office, Wellington, 17th May, 1894. For the Premier.
Sub-enclosure. General Post Office, Wellington, 4th May, 1894. Memoeandum for the Hon. the Peemiee, Wellington. I have the honour to inform you that at the Postal and Telegraph Conference which met in this city in March last the accompanying resolution in connection with the Canadian Pacific cable was passed. As the matter is one of Imperial concern, you will perhaps be so good as to bring the
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resolution under the notice of His Excellency the Governor, with a request that he will transmit it to the Imperial authorities for their favourable consideration. In forwarding it, perhaps you may consider it advisable to urge upon His Excellency that the assistance of the Imperial &£?™ men* will be a material factor in the ultimate success of the scheme, and to place the proposed underSking in such a light as to insure its favourable reception. The strong feeling existent in this and the principal Australian Colonies in favour of the proposed cable, and the warm support of the colonial Press bespeak the urgency of the matter. His also be that this feeling exists not alone on commercial grounds, but to a great extent m the beliel that the interests of the Empire would be better conserved and Her Majesty's dominions brought into closer touch if linked together by a cable passing through Br-^onl^^^
Copy of Besolution re Canadian Pacific Cable. Carried, " That, considering the important interests involved, both of a national and commercial character, in the establishment of a Pacific cable, the representatives of the respective colonies a semWed at ihis Conference recommend their Governments to consider the desirabili 5 ' oentermg into a euarantee with the other countries interested for a period not exceeding fourteen years, and to g guaran eelnterest at 4 per cent, on a capital of not more than £1,800,000 to any company undertaking the laying of a Pacific cable; the tariff not to exceed Sβ per word for ordinary telegrams 2s |er word for Government telegrams, and Is. 6d. per word for Press telegrams, to and from Great P Britain and the colonies; and that the United Kingdom be asked to jom m the SSantee; the routes to be either of the following: Brisbane to Ahipara Bay (New Zealand), Eara Bay to Suva, Suva to Apia, Apia to Fanning Island, Fanning Island to Sandwich Islands Sandwich Islands to Vancouver; or from New Zealand to Suva, Suva to Apia, Apia to Fanning Island, Fanning Island to Sandwich Islands, Sandwich Islands to Vancouver. Approximate Cost of Paper.-Preparation, not given; printing (1,350 copies), £17 18s. 6a.
By Authority: Samuel Costall, Government Printer, Wellington.—lB94.
Price 9d.]
5—A. 1.
Permanent link to this item
https://paperspast.natlib.govt.nz/parliamentary/AJHR1894-I.2.1.2.1
Bibliographic details
DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE FOR THE COLONIES., Appendix to the Journals of the House of Representatives, 1894 Session I, A-01
Word Count
21,634DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE FOR THE COLONIES. Appendix to the Journals of the House of Representatives, 1894 Session I, A-01
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