DISALLOWANCE OF PROVINCIAL BILLS.

A.—No. 3.

13

" An Act to provide a system of Education for the Province of Wellington." "An Act to enable the Superintendent to enter into Contracts for the construction of Tramways." " An Act to prohibit Burials in a certain Block of Land in the Township of Foxton." " An Act to declare the Trusts of certain Lands in the Township of Masterton in the Wairarapa District and to provide for the appointment of Trustees therein." " An Act to declare the Trusts of certain Lands in the Township of Greytown in the Wairarapa District, and to provide for the appointment of Trustees therein." " An Act to Appropriate the Revenue of the Province of Wellington for the term commencing on Ist day of April, 1871, and ending on 31st day of March, 1872." And also, that I have reserved for the assent of your Excellency, " An Act to enable the Superintendent to deal with the Reclaimed Land in the City of Wellington." I have, &c, William Fitzheebert, His Excellency the Governor, &c. Superintendent.

No. 18. The Hon. W. Gisboene to His Honor W. Fitzherbert. Sie,— Colonial Secretary's Office, Wellington 22nd July, 1871. I have the honor to acknowledge the receipt of your letter of the 7th instant, forwarding twelve Ordinances passed by the Wellington Provincial Council during its recent Session, eleven of which you had assented to on behalf of the Governor, aud the other you had reserved for the signification of His Excellency's pleasure thereon. In reply, I have to inform your Honor that His Excellency has not been advised to exercise his power of disallowance with respect to the following, viz. : — "Ad Interim Appropriation Act, 1871." "Licensing Amendment Act, 1871." "The Highways Act, 1871." "The Toll Gates Act, 1871." "The Wellington Education Act, 1871." " The Tramways Act, 1871." The Foxton Burials Prevention Act, 1871." Masterton Trusts Act, 1871." " Greytown Trusts Act, 1871." " The Appropriation Act, 1871, No. 2." And His Excellency has been advised to assent to " The Wellington Reclaimed Land Act, 1871." With respect to "Tho Wanganui Freemasons Grant Act, 1871," I have to inform your Honor that His Excellency the Governor has been advised to disallow it, as the Government are advised that it is ultra vires, on the ground of its authorizing a free gift, and not a sale, of land for a private purpose —such free gift not being authorized by the Public Reserves Act. The conveyance of the land would therefore, if tho Act were allowed, be invalid. With regard to the Highways Act, the Government are advised that it is open to question whether the power of deciding an appeal against rates, though given only to the Board, does not, in effect, create a judicial tribunal; for though the Act does not use any technical language indicating that the Board is to proceed judicially, yet it does provide that the Board is to hear and decide, and its decision is to be final. Sections 61 and 62, also, should have provided that the offences should be punishable on summary conviction. Sections 9 and 10 of " The Toll Gates Act " ought to have provided that the offences should be punishable on summary conviction. With regard to "The Education Act," there is the same objection to the 30th and 31st sections as those pointed out to the appeal provisions of the Highways Act. The Government, however, do not consider the objections sufficient to justify them in recommending that these Acts should be disallowed, and, as I have informed your Honor, His Excellency has not been advised to exercise his power of disallowance in respect of them. I have, <fcc. His Honor the Superintendent, Wellington. W. Gisboene.

No. 19. His Honor A. P. Setmoue to the Hon. W. Gisboene. Sie, — Superintendent's Office, Blenheim, 30th June, IS7I. I have the honor to transmit herewith three copies of each of the following Bills passed by the Provincial Council of Marlborough, and intituled " The Appropriation Act, No. 2, 1871," " The Superintendent's Land Alienation Act," " Roads Act Amendment Act,"