DESPATCHES FROM THE SECRETARY OF STATE FOR THE COLONIES TO THE GOVERNOR OF NEW ZEALAND.

Appendix to the Journals of the House of Representatives, 1905 Session I, A-02

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1905. NEW ZEALAND.

DESPATCHES FROM THE SECRETARY OF STATE FOR THE COLONIES TO THE GOVERNOR OF NEW ZEALAND.

Presented to both Houses of the General Assembly by Command of His Excellency.

INDEX.

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No. of Series. Date. Subject. Page, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 16 17 18 31 Mar., 1904.. 8 April, ,, 29 April, „ 4 May, „ .. 17 May, „ .. 21 May, „ .. 28 May, „ 28 May, „ .. 3 June, ,, .. 4 June, ,, 24 June, ,, 29 June, ,. 6 July, .. .. 7 July, ,, .. 22 July, „ .. 6 Aug., „ . . 9 Aug., „ .. 16 Aug., „ .. Precedence to Senior Naval Officer, New Zealand Station Duties of shipbuilders as regards vessels ordered by belligerents Application of "Colonial Solicitors Act, 1900," to New Zealand in respect of Ireland and Scotland Preferential Trade: Resolutions by colonial Legislatures Title of Honourable to Mr. Edward Tennyson Conolly Banners for colonial contingents Marine surveys of British coasts in all parts of the world International Sanitary Convention " Indian Extradition Act, 1903" .. .. .. .. '' Judgment, Newtown Licensing District Appeal Case British and German spheres of action, Western Pacific Assumption of Government by Lord Plunket: Lord Ranfurly's departure " Payment of death duties: Estate of late J. W. Smith Duties of Registrar in Ecclesiastical and Maritime Causes vested in the Registrar of the Privy Council Boer war trophies for New Zealand Commercial agreement with Belgium Appreciation of services of Lord Ranfurly Services of Major G. R. Johnstone in connection with assessment of claims of protected burghers, South Africa Pacific Cable Board: Claim against colony Opening of New Zealand Parliament Hon. G. M. O'Rorke called to Legislative Council Information wanted re excise duties in colonies Establishment of Marine Surveying Department in New Zealand Resolutions of General Assembly respecting action of Russian Baltic Fleet Banners for contingents Marine survey of New Zealand Complaint of Mr. William Ross re British Consul at Tonga Copies of Orders re local Military Forces, &c, wanted " Divorce and Matrimonial Causes Act, 1904," assented to " Cook and other Islands Government Act Amendment, 1904," assented to " High Commissioner Act, 1904," assented to .. .. New Zealand Acts, 1904, left to operation Honours for corps engaged in South African war " Shipping and Seamen Act, 1904," assented to ■2 2 2 5 5 5 6 7 7 7 9 10 10 11 11 12 13 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 19 Aug., „ .. 31 Aug., „ .. 2 Sept., ,„ .. 2 Sept., „ .. 26 Oct., „ .. 28 Oct., „ .. 1 Nov., „ .. 24 Nov., „ .. 14 Dec, „ .. 5 Jan., 1905.. 6 Jan., ,, 6 Jan., „ .. 13 Jan., „ .. 17 Jan., „ 18 Jan., „ . . 24 Mar., ,, .. 14 14 15 15 15 15 16 16 17 17 17 18 18 18 18 1!) 19

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No. 1. (Miscellaneous.) My Lord,— Downing Street, 31st March, 1904. With reference to your Lordship's despatch (No. 6) of the 2nd February, I have the honour to convey to you His Majesty's approval of the grant of precedence to the Senior Naval Officer on the New Zealand Division next to the Commandant of the New Zealand Forces, either before or after him according to their relative rank ; and, in the absence of the Senior Naval Officer, of precedence being accorded to the Senior Naval Officer present, if in command of one of His Majesty's ships, next after the Solicitor-General of the colony. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. the Earl of Eanfurly, G.C.M.G., &c.

No. 2. (Circular.) g IR Downing Street, Bth April, 1904. I have the honour to transmit to you, for publication in the colony under your Government, copies of a notice issued by the Home Office to shipbuilders in this country, calling attention to their duties and liabilities, both as regards vessels ordered by a belligerent prior to the outbreak of the war between Eussia and Japan, and also as regards the making of overtures for the purchase of vessels by persons who do not disclose the intended ultimate destination of such vessels. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

Enclosure. " Foreign Enlistment Act, 1870."—Notice to Shipbuilders and others. With reference to the war.now in progress between Russia and Japan, the attention of shipbuilders and others is called to the provisions of " The Foreign Enlistment Act, 1870 " (33 and 34 Vict., cap. 90), sections 8, 9, and 23, which indicate their duties and liabilities in the matter of building and equipping ships which 'are intended to, or may, be used in the military or naval service of the belligerents. Section 8 provides that.any person within His Majesty's dominions who without Royal License builds, commissions, equips, or despatches any ship with intent or knowledge, or having reasonable cause to believe that the same will be employed in the military or naval service of the belligerents, shall be liable to fine and imprisonment, and the forfeiture of the ship and equipment. Any person building or equipping such a ship in pursuance of a contract made before the commencement of the war shall not be liable to these penalties if,— 1. Forthwith upon a proclamation of neutrality being issued by His Majesty he gives notice to the Secretary of State that he is so building, causing to be built, or equipping such ship, and furnishes such particulars of the contract, and of any matters relating to, or done, or to be done under the contract, as may be required by the Secretary of State. 2. He gives such security, and takes and permits to be taken such other measures, if any, as the Secretary of State may prescribe for insuring that such ship shall not be despatched, delivered, or removed, without the license of His Majesty, until the termination of such war as aforesaid. In any case in which overtures are made for the purchase or equipment of such ships by persons who do not satisfactorily disclose the ultimate destination of the ships, it would be the duty of all persons having knowledge of the fact to give notice to the Home Secretary in order that he might take the steps which he is empowered by the 23rd section of the said Act to take so as to insure that such vessels should not be employed in contravention of the said Act. Whitehall, 1904.

No. 3. (General.) My Lord, Downing Street, 29th April, 1904. With reference to my despatch (General) of the 16th ultimo, I have the honour to transmit to you, for the information of your Government, copies of an Order in Council applying "The Colonial Solicitors Act, 1900," to the Colony of New Zealand in respect of Ireland and Scotland. ALFEED LYTTELTON, Governor the Eight Hon. the Earl of Eanfurly, G.C.M.G., &c.

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Enclosure. At the Court at Buckingham Palace, the 21st day of April, 1904. Present: The King's Most Excellent Majesty. Lord President, Earl of Kintore, Sir Savile Crossley. Whereas, by " The Colonial Solicitors Act, 1900," it is enacted that where as respects a Superior Court in a British Possession His Majesty the King in Council is satisfied, on the report of a Secretary of State, — (a.) That the regulations respecting the admission of persons to be solicitors of that Superior Court are such as to secure that those solicitors possess proper qualifications and competency ; and (6.) That by the law of the British Possession the solicitors of the Supreme Court will be.admitted to be solicitors of the Superior Court in the Possession on terms as favourable as those on which it is proposed to admit solicitors of that Superior Court in pursuance of the said Act to be solicitors of the Supreme Court; His Majesty in Council may order that the said Act shall apply, and the same shall accordingly apply, to the said Superior Court and British Possession, subject to any exceptions, conditions, and modifications specified in the Order : And whereas by the same Act it is further provided that His Majesty in Council, by the same or any subsequent Order, may, as respects the Court and British Possession named in the Order, provide for all matters authorised by the said Act to be prescribed, and for all matters appearing to His Majesty to be necessary or proper for giving effect to the Order and to the said Act, and that an Order in Council applying the Act to a Court in a British Possession may provide that Solicitors of that Court may be admitted by virtue of the said Act to be solicitors in any part of the United Kingdom—namely, England, Scotland, or Ireland, or in two or one of those parts only : And whereas the said Act has already been applied to the Supreme Court of the Colony of New Zealand and to the Colony of New Zealand in respect of England, and application has been made by the Governor of the said Colony that the said Act may be applied to that Colony in respect of Ireland and Scotland : And whereas His Majesty in Council, on the report of the Secretary of State for the Colonies, is satisfied that the regulations respecting the admission of persons to be Solicitors of the Supreme Court of the Colony of New Zealand are such as to secure that those Solicitors possess proper qualifications and competency, and that by the law of the Colony of New Zealand Solicitors of the Supreme Court in Ireland and Law Agents in Scotland will be admitted to be Solicitors of the Supreme Court of the Colony of New Zealand on terms as favourable as those on which it is proposed to admit Solicitors of that Court in pursuance of the said Act to be Solicitors of the Supreme Court in Ireland and Law Agents in Scotland : ' Now, therefore, His Majesty, in pursuance of the said recited Act and in execution of the powers thereby in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that " The Colonial Solicitors Act, 1900," shall apply to the Supreme Court of the Colony of New Zealand and to the Colony of New Zealand in respect of Ireland and Scotland, and that Solicitors of the Supreme Court of the Colony of New Zealand may be admitted by virtue of the said Act to be Solicitors in Ireland and Law Agents in Scotland subject to the conditions hereinafter specified. 1. A Solicitor of the said Supreme Court of the Colony of New Zealand (hereinafter called the applicant) who, having been in practice before such Court for not less than three years, is desirous of being admitted to be a Solicitor of the Supreme Court in Ireland or a Law Agent in Scotland, shall be a male British subject. 2. The applicant shall, four calendar months at least before the first day of the month in which he proposes to be admitted, leave with the Registrar of Solicitors in the case of Ireland, or with the Registrar of Law Agents in the case of Scotland, his original certificate of admission in the said Supreme Court of the said Colony, together with, — (a.) A certificate from the authority of the said Colony in whose custody the roll of the Solicitors of the said Court is kept stating that his name is still upon the roll and has never been removed therefrom, and that no order has ever been made directing him to be suspended from practising his profession : (b.) One or more certificates of fitness and character signed by two resident practising Solicitors of at least five years standing in the said Court and by at least one of the Judges or officers next in rank of such Court: (c.) A statutory declaration in terms of or to the effect of that set out in the Schedule (A) hereunto annexed. 3. Where the applicant has not served under Articles as Clerk to a practising Solicitor, he shall, in addition to the before-mentioned documents, leave with the Registrar of Solicitors in the case of Ireland, or with the Registrar of Law Agents in the case of Scotland, a certificate from the Solicitor or Barrister in whose office he has been employed to the effect that for a period of not less than three years prior to admission to practice in New Zealand he has been engaged exclusively in acquiring a practical knowledge of law. Such certificate shall be attested by a Judge of the Supreme Court after personal inquiry into the facts and circumstances therein set forth. 4. The leaving of the documents hereinbefore required shall be equivalent to notice of intention to apply for admission within the meaning of the Acts regulating the admission of Solicitors in Ireland.

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5. A certificate under the hand of the Registrar of Solicitors that the applicant has complied with the provisions of " The Colonial Solicitors Act, 1900," and of this Order, shall be equivalent to the certificate of his having passed the Final Examination required in Ireland. 6. The application for admission to be a Solicitor in Ireland shall be made to the Lord Chancellor of Ireland. 7. The applicant in Ireland shall not be required to pass any examination either before or after making such application. 8. The admission of the applicant as a Solicitor in Ireland shall be stamped with the stamps required to be impressed on the admission of Solicitors in Ireland, and shall be impressed with such further stamp as shall, together with the amount of stamps paid on Articles of Clerkship (if any) and admission in the Colony of New Zealand (such amount being certified by a Judge of the Supreme Court of the said Colony in the form set out in the Schedule (B) hereunto annexed), be equal in amount to the sum payable on Articles of Clerkship in Ireland. 9. The admission of the applicant as a Law Agent in Scotland shall be stamped with such stamp as shall, together with the amount of stamps paid on Articles of Clerkship (if any) and admission in the Colony of New Zealand (such amount being certified by a Judge of the Supreme Court of the said Colony in the form set out in the Schedule (B) hereunto annexed), be equal to the stamps required to be impressed on the Articles of Clerkship and admission of Law Agents in Scotland. 10. The following fees shall be paid by the applicant in Ireland to the Incorporated Law Society of Ireland :— £ s. d. On his application for admission being lodged .. .. 10 0 0 Before entering his name on the Roll of Solicitors '.. .. .. 5 5 0 £15 5 0 11. The following fees shall be paid by the applicant in Scotland : — £ s. d. Fee Fund Dues of Extract .. .. .. .. .. 0 10 6 Dues of Extract .. .. .. .. .. ..080 Registrar's Fees .. .. .. .. .. ..026 Fees on subscription of Roll of Law Agents practising before the Court of Session or any Sheriff Court. In each case .. .. .. 0 5 0 1 6 0 Law Examination Fees, viz.:— £ s. d. Fees to Examiner .. .. .. .. ..220 Defraying Expenses .. .. .. .. 1 1 0 Petition Dues .. .. .. .. ..220 Fee Fund Dues on Petitions .. .. .. 010 0 5 15 0 £7 1 0 12. The application for admission to be a Law Agent in Scotland shall be made by Petition to the Court of Session, and if the Court shall be satisfied that the applicant has complied with the requirements of this Order they shall ordain him to undergo the examination in law prescribed for the time being for applicants for admission as Law Agents in Scotland under "The Law Agents (Scotland) Act, 1873," and Acts amending the same, and on the Court being satisfied that the applicant has duly passed such examination, then and not otherwise the Court shall cause him to be admitted a Law Agent and his name to be enrolled as such, which admission shall be in writing and signed by a Judge of the Court, and shall be stamped with the stamps required by clause 9 of this Order. The rules in force in Scotland for the time being as to the presentation of petitions for admission as Law Agent and the proceedings under the same shall be applicable to all applications under this Order for admission as a Law Agent in Scotland. A. W. Fitzroy.

SCHEDULE A. In the Matter of " The Colonial Solicitors Act, 1900," and In the Matter of I, , in the Colony of New Zealand, do solemnly and sincerely declare as follows :— 1. I am a male British subject. 2. I was on the day of admitted a Solicitor of the Supreme Court of the Colony of New Zealand, and I have been in practice before such Court for not less than three years. My name remains on the Roll of the said Court, and I have not at any time been suspended from practice by the Court or by any Judge thereof, nor are any proceedings pending to strike my name off the said Roll or to suspend me from practice. I beg to refer . o the Certificate of marked " A " now produced to me in proof of the statements in this paragraph.

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3. I have not been bankrupt or insolvent, nor have I made a composition or arrangement with my creditors. [// this is not the case, state the facts with dates, and show that a complete discharge has been obtained.] 4. The document now produced and shown to me and marked with the letter " B " is my original certificate of admission in the said Court, and the documents now produced and shown to me and marked respectively with the letters "C " and " D " are respectively certificates of character and as to my fitness to be admitted (" a Solicitor of the Supreme Court in Ireland " or " a Law Agent in Scotland," as the case may be), signed respectively by one of the Judges of the said Court [if not a Judge state his rank], and by ,of , and , of , two practising Solicitors of the said Court of at least five years standing. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of " The Statutory Declarations Act, 1835."

SCHEDULE B. I, [Name and style of Judge], do hereby certify that the amount of stamps paid on admission when [name and style of Applicant] was admitted to practice was the sum of £ ,* (and that the amount of stamps paid on Articles of Clerkship when he was articled was the sum of £ ). [To be signed and attested.] * Omit if inapplicable.

No. 4. (Circular.) Sir,— Downing Street, 4th May, 1904. I have the honour to inform you that I have promised to lay upon the table of the House of Commons a return giving the text of all resolutions which have been passed by colonial Legislatures since 1890 in favour of preferential-trade relations between the Colonies and the United Kingdom. I have, therefore, to request that you will move your Ministers to furnish me with copies of any such resolutions which may have been passed by any legislative body in the Colony or in any State, Province, or Dependency of the Colony since the date in question. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

No. 5. (Miscellaneous.) My Lord,— Downing Street, 17th May, 1904. In reply to your Lordship's despatch (No. 17) of the 18th March, 1 have the honour to inform you that the King has been pleased to approve of Mr. Edward Tennyson Conolly, late Judge of the Supreme Court of New Zealand, bearing the title of " Honourable " for life, within the colony. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. the Earl of Eanfurly, G.C.M.G., &c.

A.-l, 1904. No. 28.

No. 6. (Miscellaneous.) Sir,— Downing Street, 21st May, 1904. With reference to your Lordship's despatch (No. 118) of the 14th December, respecting the presentation of banners to the colonial contingents which served in the late war in South Africa, I have the honour, after communication with the War Office, to state that there is no objection to your Government putting forward proposals for the allotment of ten banners to New Zealand, provided that the proposed distribution is limited to'permanent corps. The distribution will, however be subject to the King's approval. His Majesty has approved of the presentation of banners to those corps only which are organized on a permanent basis, and he has given instructions that no

A.-l, 1904, No. 21.

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banners are to be presented on behalf of units which existed during the war and have subsequently been disbanded. In consequence of this limitation there may possibly be more than ten banners available for New Zealand, and the Army Council will be prepared to consider any special recommendations for the allotment of a larger number to New Zealand on condition that no corps is recommended that has not a permanent existence. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. the Earl of Eanfurly, G.C.M.G., &c.

No. 7. (General.) My Lord,— Downing Street, 28th May, 1904. I have the honour to transmit to you a copy of a letter from the Admiralty with regard to the necessity for accurate charts of British coasts in all parts of the world and the desirability of the establishment in the larger colonies of marine surveys under the colonial Governments. 2. I have to request you to lay the matter before your Ministers for their consideration, and I shall be glad to learn in due course whether they are prepared to take any action in the direction indicated by. the Lords Commissioners of the Admiralty. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. the Earl of Eanfurly, G.C.M.G., &c.

Enclosure. Sir,— Admiralty, 21st May, 1904. I am commanded by my Lords Commissioners of the Admiralty to request that the attention of Mr. Secretary Lyttelton may be called to the following circumstances in connection with the production of accurate charts of British coasts in all parts of the world. Marine surveying on a sound system has been now carried on for about one hundred and twentyfive years. In this period most of the civilised powers have contributed to a knowledge of the seas, coasts, and harbours, and by their combined efforts fair charts are now in existence of most parts of the world which are usually visited by shipping. In this work the surveying-ships of the British Navy have borne a prominent part, and all parts of the world, especially the coasts of the British colonies, bear witness to their activity. The needs of steam navigation and the rapid opening-up of new trade has, however, far outstripped the advance of good surveys. Surveys necessarily done in haste to provide for immediate needs, as were those during the first half of the nineteenth century, answered the purposes of sailing-ships very well, as such ships never approached the shore except in the vicinity of harbours ; but modern navigation under steam carries vessels near the shore on every part of a coast, and the shortcomings of charts, in respect especially to all small rocks being shown, and shoals and dangers accurately delineated —matters which demand much time and close and laborious sounding —are often painfully apparent. Even on the coast of the British Isles new rocks are continually found. As the needs of His Majesty's ships and of British trade have increased, the difficulty of keeping pace with requirements has also increased, and the number of surveying-vessels which the Admiralty are able to keep in commission is quite inadequate to cope with the fresh surveys required. Requests from various colonies for assistance have continually to be refused in consequence. Besides the requirements of peace, those of possible war have to be considered. The operations of His Majesty's ships on the coasts of a colony may well be hampered by the inadequacy of the charts, and the most unfrequented parts of a coast may often be those that, in war, ships may need to approach. Under these circumstances my Lords have hoped that some of the larger self-governing colonies would establish marine surveys of their own; but as they have not done so, they consider that the subject should be brought to their notice. Canada has established a small survey of the Great Lakes, and her sea-coasts are most imperfectl charted. In Australia and New Zealand no such department has been started, and a very large part of the coasts,is in gteat need of survey or resurvey. In relation to Australia, my Lords made a communication to the Secretary of State, dated the 23rd October, 1903. In Cape Colony, also, there is much to be done, though the unindented character of the shore-line makes the want of good charts less important. But my Lords have received applications for surveys, to which other work has prevented them from acceding. In view of the foregoing remarks my Lords trust that Mr. Lyttelton will take this question into his earnest consideration. I am, &c, C. J. Thomas. The Under-Secretary of State, Colonial Office.

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No. 8. (Circular.) Sir,— Downing Street, 28th May, 1904. With reference to my predecessor's circular despatch of the 10th April, 1900, transmitting a copy of the Venice International Sanitary Convention of 19th March, 1897, I have the honour to forward, for the information of your Government, copy of a despatch from His Majesty's Ambassador at Paris forwarding copies of an International Sanitary Convention drafted at a conference held at Paris in November and December last, together with a copy of the report of the British delegates at the conference. This report explains the most important points in which this convention differs from that signed at Venice. I shall be glad to learn at an early date whether the colony under your administration desires to become a party to this convention. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

No. 9. (Circular.) Sir, — Downing Street, 3rd June, 1904. I have the honour to transmit to you, for the information of your Government, a copy of " The Indian Extradition Act, 1903," and of the Orders of His Majesty in Council giving effect to Chapters 11. and IV. thereof. I have to call your attention more particularly to the provisions of section 11 of the Act. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

Enclosure. At the Court at Buckingham Palace, the 7th day of March, 1904. Present: The King's Most Excellent Majesty in Council. Whereas by section 32 of " The Fugitive Offenders Act, 1881," it is, amongst other things, enacted that if the Legislature of a British Possession pass any Act or Ordinance, —(1) For defining the offences committed in that Possession to which this Act or any part thereof is to apply ; or (2) for determining the court, judge, magistrate, officer, or person by whom and the manner in which any jurisdiction or power under this Act is to be exercised ; or (3) for payment of the costs incurred in returning a fugitive or a prisoner, or in sending him back if not prosecuted or if acquitted, or otherwise in the execution of this Act; or (4) in any manner for the carrying of this Act or any part thereof into effect in that Possession ; it shall be lawful for His Majesty by Order in Council to direct, if it seems to His Majesty in Council necessary or proper for carrying into effect the objects of this Act, that such Act or Ordinance, or any part thereof, shall, with or without modification or alteration, be recognised and given effect to throughout His Majesty's Dominions and on the high seas as if it were part of this Act : And whereas an Act entitled " The Indian Extradition Act, 1903," has been passed by the Governor-General of India in Council, and it is expedient to declare that Chapter IV. of the Act shall have effect as if it were part of " The Fugitive Offenders Act, 1881." Now, therefore, His Majesty, in pursuance of " The Fugitive Offenders Act, 1881," and in exercise of the power in that behalf in the said Act contained, doth by this present Order, by and with the advice of His Privy Council, declare that Chapter IV. of " The Indian Extradition Act, 1903," shall be recognised and given effect to throughout His Majesty's Dominions and on the high seas as if it were part of " The Fugitive Offenders Act, 1881." And the Right Honourable St. John Brodrick, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly. A. W. Fitzroy.

No. 10. (No. 31.) My Lord,— Downing Street, 4th June, 1904. I have the honour to transmit to you, for the information of your Ministers, the papers noted in the subjoined schedule. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

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Enclosure. Judgment of the Lords op the Judicial Committee op the Privy Council on the Appeal of Smith v. McArthur and others from the Supreme Court of New Zealand. Delivered the 14th May, 1904. Present at the hearing : The Lord Chancellor, Lord Lindley, Lord Kinross, Sir Arthur Wilson. Delivered by Lord Lindley. This is an appeal from a judgment of the Supreme Court of New Zealand dismissing a motion for a writ of mandamus to the Licensing Committee of the Newtown District to grant, or, in the alternative, to hear and determine, the appellant's application for the renewal of his license under the Licensing Acts. The Court refused to do so on the ground that they had no jurisdiction to grant the application. The practical result of this decision is that, so far as the Newtown District is concerned, the Licensing Acts are brought to a deadlock. Existing licenses in the district cannot be renewed, and no new licenses in it can be granted. The facts are as follows :— The appellant had for some time been the holder of a publican's license in respect of a hotel called the Park Hotel; and such license was on the 4th June, 1902, renewed for the year ending 30th June, 1903. At the date of such renewal the hotel was situate in the Licensing District of Wellington Suburbs. Under a Proclamation by the Governor of New Zealand, dated the 13th August, 1902, and which came into effect on the 15th November, 1902, a new electoral district was duly constituted under the name of the " Newtown Electoral District," consisting of parts of the previous Electoral Districts of Wellington Suburbs and Wellington City, and comprising the said hotel, and such new electoral district thereupon became, under the provisions of " The Licensing Act, 1881," and the Acts amending the same, a licensing district. On the sth December, 1896, and again on the 6th December, 1899, licensing polls were duly taken under the Licensing Acts in each of the districts of Wellington Suburbs and Wellington City, the result in each case being that the proposal that the number of licenses then existing should continue was carried. The license for the Park Hotel was duly renewed from time to time by the Licensing Committee for Wellington Suburbs District. The last of such renewals was on the 4th June, 1902, the license then issued being in force to the 30th June, 1903. On the 25th November, 1902, a licensing poll of the electors of Newtown District was taken under section 4 of the Act of 1895, but subsequently, on an inquiry held pursuant to section 7 (o) of the said Act and " The Regulation of Local Elections Act, 1876," this poll was duly declared void on the ground of irregularities committed by the officers appointed by statute to take it. The respondents were afterwards duly elected members of the Licensing Committee for the Newtown District, and on the 7th May, 1903, the appellant gave notice of his intention to apply, and on the sth June, 1903, at the annual licensing meeting for Newtown District he applied to the respondents for a renewal of his license. No objection was lodged or made affecting the appellant or his house, but the Licensing Committee refused his application, and all other applications for licenses, holding that they had no jurisdiction to grant licenses or renewals of licenses within the district. The appellant and four other applicants then commenced actions in the Supreme Court against the respondents, the Licensing Committee, for a mandamus (in each case) to the respondents to grant (or in the alternative to hear and determine) the applications respectively. The appellant's motion for a mandamus was heard (together with similar motions in the four other actions) before the Supreme Court (consisting of Stout, C.J., and Denniston, Conolly, Edwards, and Cooper, J.J.), on the Bth, 9th, 14th, 15th, and 16th July, 1903. Judgment was reserved, and on the 31st July, 1903, the Court (by a majority of three Judges against two) gave judgment dismissing the appellant's motion for a mandamus, with costs. Hence this appeal. The Licensing Acts which have to be considered are those of 1881, 1882, 1889, 1893, 1895, and 1902. The difficulty which has arisen turns mainly on the true construction of section 3 of the Act of 1895, taken in conjunction with section 2 (3) of the same Act, and of section 21 of the Act of 1893. Their Lordships will deal with these presently, but it must not be forgotten that there is in New Zealand a Statutory Interpretation Act (1888, No. 15). By section 4of that Act " words importing the singular number include the plural number." By section 5 (clause 2) amending Acts are to be read as incorporated with the Acts amended. And by clause 7 " Every Act and every provision or enactment thereof shall be deemed remedial .... and shall accordingly receive such fair, large, and liberal construction and interpretation as will best insure the attainment of the object of the Act, and of such provision or enactment according to its true intent, meaning, and spirit." Passing now to the sections of the Act of 1895 above referred to, section 3 is clear and free from all ambiguity. It runs thus :" No license of any description shall be granted or renewed until the electors of the district have previously determined in manner hereinafter provided — " (1.) Whether the number of licenses existing in the district is to continue. " (2.) Whether the number of licenses existing in the district is to be reduced. " (3.) Whether no licenses are to be granted in the district." The " manner hereinafter provided " is to be found in sections 4 to 7, and is by a poll of the electors of the district, which poll (called the " licensing poll ") is to be taken on the day appointed for the electoral poll and simultaneously with such poll. If this section stood alone, there could be no renewal of the appellant's license until a licensing poll for the Newtown District had determined the questions above mentioned, and so long as there is no licensing poll for that district there can be no renewal.

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But section 2 (3) says that " section 3 of this Act shall not come into operation until the day next before the day appointed for the . . . licensing poll first taken after the commencement of this Act." This, it will be observed, is a postponing section only. But the effect of the two sections together seems plainly to be that section 3 is to come into operation on the day appointed for the licensing poll described in section 2 (3) as the licensing poll first taken after the commencement of the Act. The Act came into operation on the 31st October, 1895. It is evidently assumed, however, that the licensing poll referred to will be taken. The contingency that there will be no poll, or that the poll taken in fact will be legally null and void, seems, however, to be covered by section 8 (4), which is as follows : "If the Returning Officer finds that none of the proposals respecting licenses in the district is carried by the prescribed majority, then he shall notify the Licensing Committee thereof, and the number of licenses shall continue as they are until the taking of the next licensing poll; subject, nevertheless, to the power of refusing to renew licenses objected to under subsections (1) to (4) inclusive of section 81 of the principal Act " (the Act of 1881), " and subject also to the provisions of the Licensing Acts relating to forfeiture or increase of licenses." In connection with these sections there is another specially applicable to new districts—viz., section 21 of the Act of 1893. This section is as follows : " Where a district constituted under this Act or the principal Act has beeen abolished or altered, and has been constituted or divided into new districts, the poll in force in such first-mentioned district at the time of such abolition or alteration shall continue and remain in force in such new districts until the period arrives for taking the next triennial poll, and shall have the same force and effect as if such poll had been taken in such new districts." Although this section speaks of " a district," the Interpretation Act, already referred to, justifies a construction which will make the section applicable to one or more new districts constituted out of two or more previously existing districts. The section is as much required in the last case as in the case of a subdivision of only one district; and, although it may be true that the section was inserted to meet the inconvenience arising from the creation of new districts out of one old district, their Lordships see no reason for confining this section to that particular case. The object aimed at by the Legislature is'plainly apparent from the enactments above referred to. Subject to any objections which might be made to any particular licensee or house, the object of the Legislature plainly was to continue in every district and new district formed out of it all existing licenses until a licensing poll should have decided which of the three courses mentioned in section 3 of the Act of 1895 should be pursued in that district. The difficulty of giving effect to this intention in this particular case is due entirely to the fact that section 2 (3) is so expressed as to postpone the operation of section 3 not to the decision of the poll, but to the day before the day appointed for taking it. But section 8 (4) shows that existing licenses may, in certain cases, continue in force beyond that day. The language of section 21 of the Act of 1893 is more elastic than the language of section 2 (3) of the Act of 1895. In both cases, however, the language points to a time rather than to the event which was to happen at that time, but the event — i.e., the result of the poll —is the governing factor. To ignore this and to adhere to language so literally as to defeat the plain intention of the Legislature, instead of so construing the words as to give effect to that intention, is to run counter to section 5 (7) of the Interpretation Act, which, after all, only expresses what is meant by the old legal maxim, " Qui haeret in litter a haeret in cortice." Their Lordships will, therefore, humbly advise His Majesty to allow the appeal, and to order a mandamus to issue to the Licensing Committee to hear and determine, the appellant's application, and to order the respondents other than Alexander McArthur, who was a nominal|defendant only, to pay the costs of this action. The respondents other than the first respondent (Alexander McArthur) must pay the costs of the appeal.

No. 11. (No. 36.) My Lord, — Downing Street, 24th June, 1904. I have the honour to acquaint you, for the information of your Ministers, that in view of the changes effected by the Anglo-German Convention of the 14th November, 1899, it has been thought advisable to provide for a fresh line of demarcation between the British and German spheres of influence in the Western Pacific. 2. A new line has been agreed upon between His Majesty's Government and the German Government, and its course placed on record in a supplement to the Anglo-German Declaration of the 6th April, 1886. 3. I enclose three copies of the supplement which was finally accepted by and became binding on both the British and German Governments during the course of last month. I have, &c, ALFEED LYTTELTON. Governor Lord Plunket, G.C.V.0., &c,

2—A. 2.

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Enclosure. Supplement to the Declaration op the 6th April, 1886, relative to the Demarcation of the British and German Spheres of Influence in the Western Pacific. I. On the basis of the Anglo-German agreement regarding Samoan and other questions, dated the 14th November, 1899 (Article 2, section 3), the line of demarcation mentioned in Article 2 of the declaration respecting the demarcation of the German and British spheres of influence in the Western Pacific, dated the 6th April, 1886, shall be altered as follows : — The new line of demarcation runs from point A in the above-mentioned Article 2 of the declaration of the 6th April, 1886, to points (b), (c), (d), (c), (/), (g), and (h), as given in the accompanying maps, which points have the following positions : — (a.) 8° south latitude ; 154° east of Greenwich. (6.) 6° 55' 30" south latitude ; 155° 35' east of Greenwich. (c.) 6° 55' 30" south latitude; 155° 42' 30" east of Greenwich (d.) 6° 51' south latitude ; 155° 54' 30" east of Greenwich. (c.) 6° 41' south latitude ; 156° 2' east of Greenwich. (/.) 6° 38' south latitude ; 156° 2' east of Greenwich. (g.) 4° 50' south latitude ; 159° east of Greenwich. (h.) 4° 50' south latitude ; about 163° 34' east of Greenwich. Points (b), (c), (d), (c), (/) are marked on the British Admiralty chart No. 329 (South Pacific, Solomon Islands, and Bougainville Strait), and point (g) is marked on the German Admiralty chart No. 100 (Pacific Ocean, New Guinea [eastern portion], Kaiser Wilhelmsland, Bismarck Archipelago, and Solomon Islands). Point (h) is identical with that point in which the parallel 4° 50' south latitude cuts the a line of demarcation mentioned in Article 2 of the declaration of the 6th April, 1886, between points E. (8° 50' south latitude ; 159° 50' east of Greenwich) and F. (6° north latitude ; 173° 30' east of Greenwich) 11. In case more accurate astronomical observations in the region represented on the said British Admiralty chart No. 329 (Bougainville Strait) shall effect a shifting of the geographical positions of the coast-lines, the two Governments hereby agree in advance that for the fixing of the frontier points (b), (c), (d), (c), and (/) on the maps the following bearings of the said points shall hold good in relation to the neighbouring coast-points, while the provisions of Article 1 on the subject shall lapse : — Point (b) lies eight nautical miles S. 69° W. true from Komaleai Point, as marked on the map referred to. Point (c) lies three nautical miles south true from Komaleai Point. ' •'. Point (d) lies three nautical miles south true from the southern point of the peninsula, which bounds the harbour of Tonolai on the east. Point (c) lies four nautical miles N. 70° 30' E. true from Cape Friendship. Point (/) lies six nautical miles N. 42° E. true from Cape Friendship.

No. 12. (No. 39.) My Lord, — Downing Street, 29th June, 1904. I have the honour to acknowledge the receipt of your telegram of the 20th June, reporting that on that day you assumed the Government of the New Zealand. 2. I have also received your telegram of the 21st June, and note with much gratification that Lord Eanfurly's departure from New Zealand was marked by warm demonstrations of popular esteem and affection. I have, &c, ALFEED LYTTELTON. Governor Lord Plunket, X.C.V.0., &c.

No. 13. (No. 42.) My Lord, — Downing Street, 6th July, 1904. I have the honour to transmit to you, for the information of your Ministers, with reference to your despatch (No. 19) of 24th March last, the paper noted in the subjoined schedule. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

Date. From To Subject. I I !7th June, 1904 .. ( Board of Inland \ Colonial Office .. Payment of death duties on the estate of j Revenue the late J. W. Smith, of Dunedin.

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Enclosure. Sir, — Estate Duty Office, Somerset House, 27th June, 1904. The Board of Inland Revenue having had under their consideration your letter, No. 16566, of the 21st ultimo, and the enclosures which accompanied it, relative to the payment of death duties on the estate of the late James William Smith, of Dunedin, New Zealand, direct me to acquaint you that an information to recover estate duty payable in this country in respect of the securities locally situate here at the time of Mr. Smith's death is now pending, and the Board are advised that there is no doubt as to their right to recover the amount. The Board are therefore unable to give up the claim. But even if they were able to do so, and exercised their power in the present case, they could scarcely decline to give it up in all subsequent cases of the same nature, and this would lead to an inequality as between the estates of persons dying domiciled in New Zealand and of those dying domiciled in other colonies. In the opinion of the Board, the difficulty might best be met by the New Zealand Government adopting legislation similar to that contained in section 23 of the Western Australia " Duties on Deceased Persons' Estates Act, 1895," which runs as follows : " When the Master is satisfied that in the United Kingdom duty is payable by reason of a death in respect of any property situate in the United Kingdom, and passing on such death, the Master shall allow a sum equal to the amount of that duty to be deducted from the duty payable in Western Australia under this Act, in respect of that property on the same death." I have, &c, E. Freeth, Secretary. Under-Secretary of State, Colonial Office, S.W.

No. 14. (Circular.) Sir,— Downing Street, 7th July, 1904. I have the honour to transmit to you, for the information of your Ministers and for publication in the colony, a copy of an Order of the King in Council of 23rd June, 1904, vesting in the Eegistrar of the Privy Council for the time being the duties of the office of Eegistrar in Ecclesiastical and Maritime Causes, and constituting the Eegistry of the Privy Council the Eegistry in Appeals to His Majesty in such causes. I have, &c. ALFEED LYTTELTON. The Officer Administering the Government of New Zealand. At the Court at Buckingham Palace, the 23rd day of June, 1904. Present : the King's Most Excellent Majesty in Council. Whereas by an Order in Council, dated the 12th day of January, 1891, Her late Majesty was pleased, by the advice of Her Privy Council, upon the recommendation of the Lord Chancellor, made with the concurrence of the Commissioners of Her Majesty's Treasury, to order that the duties of the office of Registrar of Her Majesty in Ecclesiastical and Maritime Causes should be thereafter discharged, during Her Majesty's pleasure, by John George Smith, Registrar of the Admiralty Division of the High Court of Justice : And whereas the said John George Smith has resigned both the said offices : Now, therefore, His Majesty, by virtue of the power in this behalf by " The Supreme Court of Judicature Act, 1875," or otherwise, in His Majesty vested, is pleased, by the advice of His Privy Council, upon the recommendation of the Lord Chancellor, made with the concurrence of the Commissioners of His Majesty's Treasury, to order as follows : — 1. The duties of the office of Registrar of His Majesty in Ecclesiastical and Maritime Causes, heretofore held by the said John George Smith, shall hereafter, during His Majesty's pleasure, and subject to such arrangements with respect to the duties of the said office of Registrar of His Majesty in Admiralty and Ecclesiastical Causes, either by abolition thereof, or otherwise, as to His Majesty may seem expedient, be discharged by the Registrar of the Privy Council for the time being. 2. The Registry of the Privy Council shall hereafter, during His Majesty's pleasure, be for all purposes the Registry in Appeals to His Majesty in Ecclesiastical and Maritime Causes. A. W. FITZROY

No. 15. (No. 48.) My Lord, — Downing Street, 22nd July, 1904. With reference to my telegram of the 25th January last, I have the*honour to request that your Lordship's Ministers may be informed that the following trophies of the South African war have been allotted to New Zealand, viz.:— 1 75 mm. Q.F. gun, 1 75 mm. B.L. gun, 1 Maxim, and 600 rifles.

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2. The Army Council have been informed accordingly, and I trust that these trophies will be received in New Zealand at an early date. I have, &c, ALFEED LYTTELTON. Governor Lord Plunket, X.C.V.0., &c.

No. 16. (No. 53.) My Lord, — Downing Street, 6th August, 1904. I have the honour to transmit to your Lordship, for any observations that your Ministers may wish to make, a copy of a letter from the Foreign Office, enclosing a note from the Belgian Minister, putting forward suggestions for a commercial agreement with New Zealand. 2. I have also to forward, for the information of your Ministers, a copy of the letter from this office, of the 2nd February last, referred to in paragraph 1 of the Foreign Office letter, together with a copy of the letter to which it was a reply. 3. In my telegram of the 25th January last I stated that I assumed that your Ministers realised that any advantage which might be granted to a foreign Government in future by virtue of any reciprocal arrangement under section 13 of Act No. 78 of 1903 could not be withheld from a third foreign Power entitled by treaty to most-favoured-nation treatment in New Zealand. I have, &c, ALFEED LYTTELTON. Governor Lord Plunket, X.C.V.0., &c.

Enclosures. Sir,— Foreign Office, 15th July, 1904. With reference to your letter, 2824/04, of 2nd February last, I am directed by the Marquess of Lansdowne to transmit herewith copy of a further note from the Belgian Minister, putting forward suggestions for a commercial agreement with New Zealand under the provisions of the law of the 24th November, 1903, passed by the New Zealand Government. I am also to enclose a copy of the Belgian law of the 19th May, 1902, Article 2 of which is referred to by Count de Lalaing, and at the same time to draw attention to the last paragraph of the letter from this office of the 22nd January last as to the obligation on the part of New Zealand to extend any advantages which may be granted to a foreign State, by virtue of a reciprocal arrangement, to any third Power entitled by treaty to most-favoured-nation treatment. I am, &c, The Under-Secretary of State, Colonial Office. E. Gorst.

Sir, — Foreign Office, 26th January, 1904. I am directed by the Marquess of Lansdowne to transmit herewith, to be laid before Mr. Secretary Lyttelton, the accompanying copy of a memorandum left at this office by the Belgian Minister in London, containing certain inquiries respecting the New Zealand Preferential Tariff Act, 3 Ed. VII. Lord Lansdowne proposes, with reference to Count de Lalaing's first question, to refer him to section 58 of the New Zealand Government Act (1852, 15 and 16 Vict., Chap. 72), which empowers the Crown, within two years after the receipt of any Bill assented to by the Governor of New Zealand, to declare by Order in Council its disallowance of such Bill: But his Lordship would be glad to know if t'je Secretary of State for the Colonies concurs, and he would also desire to be favoured with Mr. Lyttelton's opinion as to the reply which should be returned to the Belgian Minister's second and third queries. I am, &c, The Under-Secretary of State, Colonial Office. F. A. Campbell.

Tariff System of New Zealand. A law recently voted by Parliament in New Zealand establishes a preferential tariff in favour of British products. Article 10 of this law empowers the Government of New Zealand to make arrangements with foreign cormtries in view of the reduction or abolition of import duties on the goods of the said foreign countries, provided that these countries grant equivalent concessions to goods imported from New Zealand. Is not the sanction of the British Government necessary before the above-mentioned law can be put into execution ? Should not all arrangements between New Zealand and foreign States (see Article 10) be first subject to the approval of the British Government ? If so, is this approval a mere constitutional formality 1

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Sir, — Downing Street, 2nd February, 1904. I am directed by Mr. Secretary Lyttelton to acknowledge the receipt of your letter of the 26th January, forwarding a copy of a memorandum submitted by the Belgian Minister raising certain questions on the subject of the New Zealand " Preferential and Reciprocal Trade Act, 1903." 2. I am to suggest that in reply to his first question the Minister should be informed that the Act in questio i came into force immediately upon the signification of the Governor's assent, but that His Majesty the King has power to disallow this or any other law of the colony within two years after the receipt of the Act, in which case the law ceases to have any effect from the time of the notification of such disallowance. It might be added that in the present instance His Majesty will not be advised to exercise his power of disallowance. 3. The answer to the second and third questions should, in Mr. Lyttelton's opinion, be in the following sense : — 4. All negotiations with a foreign Power, to whatever part of the British Empire they may specially relate, can only be carried on through His Majesty's diplomatic representative, or by a representative specially commissioned by His Majesty for the purpose ; that any agreement 'entered into with a foreign Power is an agreement between His Majesty and the Sovereign of the foreign State, and it is to His Majesty's Government that the foreign State would apply in case of any question arising under it. Accordingly, any arrangement arrived at as the result of such negotiations must be approved by His Majesty's Government as well as by the Government of the colony or colonies specially concerned before it can be concluded. I am, &c, The Under-Secretary of State. Montague F. Ommanny.

No. 17. (No. 54.) My Lord, — Downing Street, 9th August, 1904. I have the honour to transmit to you, for communication to your Ministers, with reference to my despatch (No. 39) of the 29th June, the papers noted in the subjoined schedule. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

No. 12.

Enclosures. My Lord,—- Downing Street, Bth August, 1904. I have the honour to transmit to your Lordship an extract from a telegram received from Lord Plunket on the 21st June, together with an extract from a despatch in which the receipt of his Lordship's telegram was acknowledged. 2. I desire to take this opportunity of saying how highly I appreciate the services which you have rendered to the Empire and to the Colony of New Zealand during your tenure of the Government, and with what satisfaction I learn that the tact and ability with which your administration has been conducted are fully recognised by the Government and people of this important dependency. I have, &c, Alfred Lyttelton. The Right Hon. the Earl of Ranfurly, G.C.M.G., &c.

Extract from a Telegram from Governor Lord Plunket to Mr. Lyttelton, received Colonial Office, 21st June, 1904. " Am desired by Ministers inform you that Lord Ranfurly experienced very warm farewell, large crowds, leave-taking very affecting, as his Lordship had endeared himself people of colony in a marked degree." Extract from a Despatch from Mr. Lyttelton to Governor Lord Plunket (No. 39), dated ' 29th June, 1904. " I have also received your telegram of the 21st June, and note with much gratification that Lord Ranfurly's departure from New Zealand was marked by warm demonstration of popular esteem and affection."

Date. From To Subject. 3th August, 1904.. The Secretary ! The Earl of Ran- His services to the Empire and to the Colony of State furly of New Zealand. Date. From ! . J _, I

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18.

(No. 57.) My Lord, — Downing Street, 16th August, 1904. I have the honour to inform you that I have received from the Governor of the Transvaal a report on the services rendered by certain officers employed by the Central Judicial Commission, Pretoria, in connection with the investigation and the assessment of the claims of protected burghers. 2. Major Mclnerney, the Chairman of the Commission, states that Major G. E. Johnstone, New Zealand Contingent, who was specially employed for the work in connection with military compensation claims, performed his duties with marked ability, and I shall be glad if you will bring this report to the notice of your Ministers. I have, &c. Governor Lord Plunket, X.C.V.0., &c. ALFEED LYTTELTON.

No. 19. (No. 59.) My Lord, — Downing Street, 19th August, 1904. With reference to my predecessor's despatch (No. 61) of the 22nd August, 1903, and subsequent correspondence, I have the honour to transmit to you, for the information of your Ministers, copy of a letterjjfrom the Treasury, enclosing copy of the Auditor's report on the accounts of the Pacific Cable Board for the year ended 31st March last. 2. I shall be glad if your Ministers will make arrangements, as soon as possible, for paying to the Imperial Government the sum of £9,750 2s. 9d. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. Lord Plunket, X.C.V.0., &c.

A.-2, 1904 No. 23.

Enclosures. Sir, — Treasury Chambers, 15th August, 1904. I am directed by the Lords Commissioners of His Majesty's Treasury to acquaint you, for the information of Mr. Secretary Lyttelton, that the Pacific Cable Board's account of the expenses of the cable for the period ended 31st March last has now been audited. A copy of the Auditor's report is enclosed herewith, from which it will be seen that the deficit on the working of the cable for the period in question amounts to £87,751 4s. 5d., and the sums therefore recoverable from the colonial Governments are as follows : — £ s. d. . Australia, six-eighteenths .. .. .. .. .. 29,250 8 2 Canada, five-eighteenths .. .. .. .. .. 24,375 6 9 New Zealand, two-eighteenths .. .. .. .. .. 9,750 2 9 63,375 17 8 I am accordingly to request that you will move the Secretary of State to communicate with the colonial Governments concerned in order that these amounts may be paid as soon as practicable to the credit of the account of the vote for telegraph subsidies and Pacific cable. A copy of the printed account as presented to Parliament is also enclosed. I am, &c, The Under-Secretary of State, Colonial Office. G. H. Murray.

Sir, — Treasury Chambers, 9th July, 1904. I have the honour to report that I have audited the accounts of the Pacific Cable Board for the year ended 31st March, 1904, in accordance with the instructions conveyed in their Lordships' minute of the 17th April, 1902 (3998/02), and have found them correct. The annual expenses of the cable, as described in section 3 (2) of " The Pacific Cable Act, 1901," so far as they were not met out of the receipts arising in connection with the cable, amounted, in the year ended 31st March, 1904, to £87,751 4s. 5d., and a sum of £63,375 17s. Bd., representing thirteeneighteenths of the net expenditure, is therefore recoverable from the colonial Governments, viz.,— £ s. d. Australia, six-eighteenths .. .. .. .. .. 29,250 8 2 Canada, five-eighteenths .. .. .. .. .. 24,375 6 9 New Zealand, two-eighteenths .. .. .. .. .. 9,750 2 9 63,375 17 8 I beg to submit that the account forwarded with the Pacific Cable Board's letter of the 4th instant (11980/04) be presented to Parliament in compliance with section 7 of " The Pacific Cable Act, 1901." I have, &c, The Secretary to the Treasury. G. 11. Hunt.

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No. 20.

(No. 65.) My Lord, — Downing Street,|3lst August, 1904. I have the honour to acknowledge the receipt of your despatch (No. 56) of a the 13th ultimo, forwarding copies of the Speech with which you opened the second * session of the Fifteenth Parliament of New Zealand on the 28th of June last, together with copies, of the Addresses presented to you in reply. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. Lord Plunket, X.C.V.0., &c.

A.-l, 1905, No. 7.

No. 21. (No. 66.) My Lord, — Downing Street, 2nd September, 1904. I have the honour to acknowledge the receipt of your despatch (No. 54) of the 4th July last, reporting that you had called the Hon. Sir G. M. O'Eorke, of Auckland, to the Legislative Council of New Zealand. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. Lord Plunket, X.C.V.0., &c.

l A.-l, 1905, No. G.

No. 22. (Circular.) Sir, — Downing Street, 2nd September, 1904. With reference to my predecessor's circular despatch of the 16th of March, 1899, I have the honour to request you to inform your Government that the Board of Trade desire to obtain complete information with regard to excise duties in the colonies, and also immediate notice of any changes which may be made therein from time to time, in the same manner as information is forwarded to them with regard to colonial tariffs in accordance with my predecessor's circular of the 14th March, 1901, and my circular of the 14th May last. 2. The Board would be glad if they could receive immediately the information required to bring the replies to the circular despatch under reference up to date. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

No. 23. (General.) My Lord, — Downing Street, 26th October, 1904. With reference to your Lordship's despatch (No. 67) of the 26th August last, I have the honour to transmit to you, for communication to your Ministers, the paper noted in the subjoined schedule. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

A.-l, 1905 No. 11.

15

Date. From To Subject. 9th October, 1904 Admiralty .. Colonial Office .. Proposed Marine Surveying Department in New Zealand.

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Enclosure. Sir,— Admiralty, 19th October, 1904. My Lords Commissioners of the Admiralty, having had before them your letter (No. 34045) of the 3rd instant, desire trie to request that you will inform Mr. Secretary Lyttelton that they view with satisfaction the intention of the New Zealand Government to establish a Marine Surveying Department, which, in their opinion, cannot fail to be of great advantage to the colony and to navigation generally. 2. As regards the discontinuance of surveying-work by the Admiralty, their Lordships desire to represent that, as H.M.S. " Penguin " has already received hydrographic instructions and is on the point of leaving Sydney to proceed with the work arranged for her, in accordance with the wishes of the New Zealand Government, they do not consider it desirable to countermand these instructions or to interfere with the arrangements for the present season. Moreover, this course will have the advantage of allowing time for the organization of the New Zealand Surveying Department, besides shortening the interval between the commencement of that survey and the conclusion of the Admiralty survey. 3. It may be added that by carrying out the present arrangements it will be possible to leave the survey in such a state and at such points as will be most convenient for its resumption. It will also conduce to economy in time and expense by enabling the New Zealand Surveying Department, when established, to continue the work, unhampered by the difficulty which would be presented by a survey brought to an abrupt termination. I am, &c, The Under-Secretary of State, Colonial Office. Evan Macgregor.

No. 24. (No. 74.) My Lord, — Downing Street, 28th October, 1904. I have the honour to acknowledge the receipt of your telegrams of the 25th October, reporting the terms of a resolution passed by both Houses of the New Zealand Parliament with references to the action of the Eussian Baltic Fleet in firing upon the Hull trawling fleet. 2. I have caused copies of your telegrams to be sent to the Mayor of Hull, who has replied that it will afford him satisfaction to communicate them to the relatives of the men killed and to others affected by the disaster. I have, &c, ALFEED LYTTELTON. Governor Lord Plunket, X.C.V.0., &c.

No. 25. My Lord, — Downing Street, Ist November, 1904. I have the honour to acknowledge the receipt of your despatch (No. 66) of the 26th August, relative to the presentation of banners to the contingents which served in the late war in South Africa. 2. The fact that the whole of the contingents from New Zealand were disbanded on their return renders any scheme of distribution, which will meet the case of that colony, a matter of some difficulty, in view of His Majesty's instructions notified to your Lordship in my despatch (Miscellaneous) of the 21st May last. 3. It appears to me, however, that, as the men of the New Zealand contingents consisted largely of members of the Permanent Forces of the colony and of the Volunteer Forces organized on a permanent basis, those corps which supplied the largest number of recruits might properly be regarded as the permanent representatives of the contingents for the purpose of the distribution of banners, especially as the members of the contingents on their return from the front would no doubt in large numbers of cases revert to the corps to which they originally belonged. 4. The Army Council concur in this view ; and, unless your Government have any alternative scheme of distribution to suggest, I should be glad if you would be good enough to forward the designations of the ten permanently organized corps which furnished most recruits, giving the number in each case, in order that the proposal may be submitted for the approval of His Majesty the King. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. Lord Plunket, K.C.V.O.

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No. 26. (General.) My Lord, — Downing Street, 24th November, 1904. With reference to my despatch (General) of the 26th ultimo, forwarding a letter from the Admiralty in reply to your despatch (No. 67) of the 26th August, relative to the proposed establishment by the New Zealand Government of a Marine Survey Department, I have the honour to transmit to you for the information of your Ministers, a copy of a further letter from the Admiralty with regard to the cessation of the survey on which H.M.S. " Penguin " is at present engaged. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. Lord Plunket, X.C.V.0., &c.

No. 23,

Enclosure. Sir, — Admiralty, 14th November, 1904. With reference to Admiralty letter (M. 12273) of the 19th ultimo, relative to the establishment of a New Zealand Marine Surveying Department, I am commanded by my Lords Commissioners of the Admiralty to request you will move Mr. Secretary Lyttelton, should he see no objection, to inform the New Zealand Government that orders have been given to the Commanding Officer of H.M.S. " Penguin " to bring his present survey to a close in February, 1905, leaving the work already commenced in such a state that there may be no difficulty in its resumption by the New Zealand Surveying Department when established. I am, &c, The Under-Secretary of State, Colonial Office, S.W. Evan Macgregor.

No. 27. (No. 87.) My Lord, — Downing Street, 14th December, 1904. I have the honour to acknowledge the receipt of your despatch (No. 91) of the 2nd November, and to transmit to you in reply, for the information of your Ministers, copy of a despatch which I have addressed to the High Commissioner for the Western Pacific concerning the statement attributed to the British Agent at Tonga, to the effect that he was powerless to intervene with the Tongan Government on behalf of New Zealand shipping. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. Lord Plunket, X.C.V.0., &c.

A.-l, 1905, No. 15.

Enclosure. Sir, — Downing Street, 14th December, 1904. I have the honour to transmit to you the accompanying copy of a despatch from the Governor of New Zealand, concerning a statement attributed to the British Agent at Tonga to the effect that he is powerless to intervene with the Tongan Government on behalf of New Zealand shipping. 2. I have to request that you will ascertain and inform me whether Mr. Hunter made the statement attributed to him. If so, it should be pointed out to him that Article 111. of the Treaty of 18th May, 1900, clearly implies that he may interfere in matters where the interests of British subjects or foreigners are concerned, and that his statement would therefore seem to be based on a regrettable misunderstanding of his position. 3. I shall be glad if you will communicate Mr. Hunter's reply, or the substance of it, direct to the Governor of New Zealand at the same time as you forward it to me. I have, &c, High Commissioner Im Thurn, C.8., C.M.G., &c. Alfred Lyttelton.

No. 28. (General.) My Lord, — Downing Street, sth January, 1905. I have the honour to inform you that the Army Council is desirous of being furnished in future with copies of all general or other orders that may be issued concerning the local military forces and armed constabulary in British colonies and possessions, in order that the information concerning the organization and efficiency of these forces may be kept up to date.

3—A. 2.

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2. I have therefore to request that you will be good enough to transmit, in the mail-bags for this Department, under flying seal, addressed to " The Secretary, War Office," copies of any such orders that may hereafter be issued in the colony. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. Lord Plunket, X.C.V.0., &c.

No. 29. (No. 4.) My Lord, — Downing Street, 6th January, 1905. I have the honour to inform you that His Majesty will not be advised to exercise his powers of disallowance with respect to the Act, No. 18 of 1904, of the Legislature of New Zealand, entitled " An Act compiling certain Acts of the General Assembly relating to Divorce and Matrimonial Causes," a transcript of which accompanied your despatch (No. 94) of the 24th November last. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

A.-l, 1905, No. 17.

No. 30. (No. 3.) My Lord, — Downing Street, 6th January, 1905. I have the honour to inform you that His Majesty will not be advised to exercise his powers of disallowance with respect to the Act, No. 22 of 1904, of the Legislature of New Zealand, entitled "An Act to amend the Cook and other Islands Government Act, 1901," a transcript of which accompanied your despatch (No. 94) of the 24th November last. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

A.-1, 1905, No. 17.

No. 31. (No. 5.) Sir, — Downing Street, 13th January, 1905. I have the honour to inform you that His Majesty will not be advised to exercise his powers of disallowance with respect to the Act, No. 47 of 1904, of the Legislature of New Zealand, entitled " An Act to provide for the Office of High Commissioner for New Zealand in the United Kingdom," a transcript of which accompanied your despatch (No. 94) of the 24th November last. I have, &c, ALFEED LYTTELTON. The Officer Administering the Government of New Zealand.

A.-l, 1905, No. 17.

No. 32. (No. 7.) My Lord, — Downing Street, 17th January, 1905. 2 I have the honour to inform you that His Majesty will not be advised to exercise his power of disallowance with respect to the following Acts of the Legislature of New Zealand, transcript of which accompanied your despatch (No. 94) of the 24th ultimo. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. Lord Plunket, X.C.V.0., &c. [For List of Acts see New Zealand Gazette, 23rd March, 1905.]

A.-l, 1905, No. 17.

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No. 33.

(No. 8.) My Lord, — Downing Street, 18th January, 1905. I have the honour to transmit to you, to be laid before your Ministers, copy of a letter from the War Office, stating the basis on which honours have been allotted to the Eegular and Auxiliary Forces engaged in the South African campaign. I shall be glad if your Ministers will cause a list of claims from New Zealand corps to be prepared on an identical basis and submitted for approval. I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. Lord Plunket, K.C.V.O.

Enclosure. Sir,— War Office, London, S.W., 30th December, 1904. With reference to your letter No. 22279/1904, dated the 2nd September, 1904, and subsequent correspondence on the subject of honours for corps engaged in the South African campaign, I am directed by the Army Council to inform you that the following is the basis on which they have been allotted to the Regular and Auxiliary Forces. 2. All units which served in South Africa, as units, to bear upon their colours or appointments " South Africa," and the years during which or part of which they served in that country during the time the war was in progress. 3. As regards special actions, the following honours have been granted to units, providing the headquarters and not less than half their strength in South Africa were present at the engagements : Modder River, Paardeberg, Defence of Kimberley, Relief of Kimberley, Defence of Ladysmith, Relief of Ladysmith. 4. Yeomanry and Volunteer corps which furnished parties of twenty or more for service in South Africa have been granted " South Africa," with the year or years during which they served in the war. I am, &c, R. H. Brade. The Under-Secretary of State, Colonial Office.

No. 34. (No. 26.) My Lord,— Downing Street, 24th March, 1905. In confirmation of my telegram of to-day's date, I have the honour to transmit to you, to be laid before your Ministers, one sealed and six plain copies of an Order in Council declaring His Majesty's assent to the Eeserved Bill of the Parliament of New Zealand, shortly entitled " The Shipping and Seamen Act, 1903." I have, &c, ALFEED LYTTELTON. Governor the Eight Hon. Lord Plunket, X.C.V.0., &c.

Enclosure. At the Court at Buckingham Palace, the 20th day of March, 1905. Present: the King's Most Excellent Majesty, Archbishop of Canterbury, Lord President, Lord Suffield, Sir William Walrond. Whereas by an Act passed in the session held in the fifteenth and sixteenth years of Her late Majesty's reign, entitled " An Act to grant a Representative Constitution to the Colony of New Zealand," it is, amongst other things, declared that no Bill which shall be reserved for the signification of His Majesty's pleasure thereon shall have any force or authority within the Colony of New Zealand until the Governor of the said colony shall signify, either by speech or message to the Legislative Council and House of Representatives of the said colony, or by Proclamation, that such Bill has been laid before His Majesty in Council, and that His Majesty has been pleased to assent to the same : And whereas a certain Bill passed by the Legislative Council and House of Representatives of the said colony, entitled " An Act to consolidate and amend the Acts relating to Shipping and Seamen," was presented to the Governor of the said colony for His Majesty's assent : And whereas the said Bill was reserved by the said Governor for the signification of His Majesty's pleasure thereon : And whereas the said Bill so reserved as aforesaid has been laid before His Majesty in Council, and it is expedient that the said Bill should be assented to by His Majesty : Now, therefore, His Majesty, in pursuance of the said Act, and in exercise of the power thereby reserved to His Majesty as aforesaid, doth by this present Order, by and with the advice of His Majesty's Privy Council, declare His assent to the said Bill. A. W. Fitzroy.

Approximate Cost of Paper. —Preparation, not given ; printing (1,425 copies), ,£(> 12s.

I'rice 9d.]

Authority; John Mackay, Government Piinter, Wellington.—l9os,

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