19

A.—4

11. That notwithstanding the matters aforesaid, the said William Dorset, as such Provincial Auditor, did certify to the said paper writing as if the same were a valid warrant within the meaning of the said Acts, and as if the sums therein mentioned were then legally available within the meaning of the said Acts, and which said certificate was in the words and figures following :— "I, the undersigned, hereby certify that the amounts directed to be paid by this warrant have been appropriated by Act of the Provincial Council for the services herein specified. " William Dorset, " Audit Office, 27th January, 1874. " Provincial Auditor." And thereupon the said William Fitzherbert did, as such Superintendent, sign the said paper writing. 12. That at the time of the said so certifying the said paper writing as aforesaid, the amount at the credit of the Provincial Account of the said Province was the sum of one hundred and eighty-five pounds twelve shillings and sixpence and no more, and the amount authorized to be borrowed by way of overdraft or deficiency bill by or on behalf of the said Province, and payable to the Provincial Account in aid of the revenues thereof, was about eight thousand six hundred pounds. 13. That the Bank appointed under " The Provincial Audit Act, 1866," to be the Bank at which the Provincial Account of the said Province is to be kept, is the Bank of New Zealand at Wellington, in the said Province; and on the thirteenth day of February last the said Provincial Account was kept at the said Bank in accordance with the provisions of the said " Provincial Audit Act, 1866." 14. That since the said signing and certifying of the said paper writing, one Charles Plummer Powles, clerk in the office of the said Provincial Treasurer, was, with the knowledge and consent and by the direction of the said William Fitzherbert, acting as such Superintendent as aforesaid, and the said Henry Bunny, and pretending to act under the authority and in pursuance of the said paper writing, and pretending that the said paper writing was a valid warrant within the meaning of the said Acts, has withdrawn and issued from the Provincial Account of the said Province several large sums of money, being portion of the Provincial revenue of the said Province. 15. That on the thirteenth day of February last, the said Henry Bunny, with the knowledge and consent and with the concurrence of the said William Fitzherbert, drew a cheque upon the Provincial Account of the said Province for the sum of ten thousand pounds, which said cheque was in the words and figures following : — No. 52799 (812), 13 February, 1874. Bank of New Zealand, Wellington. Pay 395 (Warrant No. 15, 1874), or bearer, Ten thousand pounds Sterling. Henry Bunny, [Stamp.] .£lO,OOO. Provincial Treasurer. 16. That the said Henry Bunny, with the knowledge and consent and with the concurrence of the said William Fitzherbert, presented the said cheque at the said Bank for payment, and payment thereof was made to the said Henry Bunny out of the said Provincial Account, and the said Henry Bunny thereupon at and with the said Bank created and opened an account called " The Provincial Account No. 2," and the said Henry Bunny paid into the said last-named account the proceeds of the said cheque. 17. That the said moneys so drawn from the said Provincial Account were not drawn therefrom or paid or issued in pursuance of any valid warrant of the Superintendent, certified by the Provincial Auditor of the said Province, as required by " The Provincial Audit Act, 1866," and the Acts amending the same. 18. That on the nineteenth day of January an authentic copy of the said Act mentioned in the first paragraph of this information was sent by the said William Fitzherbert to the Colonial Secretary of New Zealand, with a letter, of which the following is a copy, in order that the said copy might, in compliance with the provisions of " The Constitution Act," be transmitted to the Governor:— Sir, — Superintendent's Office, Wellington, 19th January, 1874. I do myself the honor to forward through you, for His Excellency the Governor, the following Acts, passed by the Provincial Council of Wellington during their present Session (XXVI.), to which I have assented on His Excellency's behalf, viz. :— "An Act to authorize the Construction of certain Bridges, Roads, and other Works in the Province of Wellington." "An Act to authorize the Superintendent to Convey a piece of Land at Masterton to Her Majesty the Queen." "An Act to bring 'The Municipal Corporations Waterworks Act, 1872/ into operation in and for the Borough of Wanganui, in the Province of Wellington." " An Act to provide for the management of certain Public Reserves, situate in or near the Borough of Wanganui." I have, &c., The Hon. the Colonial Secretary, Wellington. William Fitzherbert.