A.—4
10
" The Diversion of Roads Special Ordinance (No. 3), 1875 ;" " The Diversion of Roads Special Ordinance (No. 5), 1875 ;" " The Diversion of Roads Special Ordinance (No. 6), 1875 ;" "The Diversion of Roads Special Ordinance (No. 7), 1875 ;" " The Diversion of Roads Special Ordinance (No. 8), 1875 ;" " The Width of Tires Ordinance, 1875 ;" " The Executive Council Ordinance 1864 Amendment Ordinance, 1875 ;" " The Education Ordinance, 1875 ;" and " The Appropriation Ordinance, 1875." With regard to " The Educational Reserves Leasing Ordinance, 1875," I have, however, to point out that it is not stated in the Ordinance that the grants have been made under the Public Reserves Act, though such, no doubt, is the case; but it is usually mentioned in such Acts, so as to show under what authority the Provincial Legislature have acted. His Excellency will be advised to assent to the following Ordinances, viz., — " The Quail Island Ordinance, 1875 ;" " The Classical School Reserves Ordinance, 1875 ;" " The Reserves Nos. 1207 and 1208 Ordinance. 1875 ;" " The Reserve No. 168 Ordinance, 1875 ;" and " The Reserve No. 62 Ordinance, 1875." With regard to " The Public Libraries Ordinance, 1875," I am advised that its provisions are somewhat inconsistent and require explanation. The preamble recites that, under " The Public Reserves Act, 1854," and also by conveyances for that purpose, certain lands " have been and are now or may hereafter be " vested in the Superintendent upon trust for public libraries, while the 2nd section authorizes the Superintendent, with the advice of his Executive Council, on the requisition of the managing body " of any library contained in any building erected on any land vested in and leased for a period of not less than ten years to the said Superintendent," to appoint managers of such land and buildings. Tour Honor will observe that while the preamble states that the object of the Bill is to provide for the management of reserves and lands held on trust for public libraries, yet the second section affects to deal with any land vested in and leased to the Superintendent for a period of not less than ten years. In fact it is not clearly shown what lands are to be dealt with. The Ordinance could not deal with lands not granted, and even as to public reserves generally, I am advised that the particular reserves should be specified, so that the Governor may have an opportunity of saying whether he would allow any particular reserve to be dealt with as proposed by provincial legislation. I should be glad to receive an explanation from your Honor of this difficulty. To " The Fencing Ordinance, 1875," there are the following legal objections : —Section 10 gives power to any person to summon another person before a Court of competent jurisdiction; but the section is so framed as to direct the person aggrieved personally to take action. It should have left the question to the operation of the 13th section. Section 11 also gives mileage expenses to persons attending Courts in certain cases: I am advised that this is ultra vires, as altering the general law of the colony. Section 4of the Empowering Act of 1874 directs how proceedings are to be taken and conducted, aud the provision in question goes beyond what would be allowed as costs in any case within the jurisdiction of the Courts therein mentioned. Both sections 10 and 11 are objectionable in other respects, because they have enacted provisions at variance with the 4th section of the Provincial Fencing Laws Empowering Act of 1874. His Excellency will accordingly be advised to withold his assent from this Ordinance. There is no legal objection to " The Canterbury Sheep Ordinance Amendment Ordinance (No. 2), 1875," though the power it gives to the Superintendent to order the destruction of sheep is a very stringent power, aud one to be exercised with great discretion. I will address your Honor on a future occasion on the subject of " The Reserve No. 1599 Ordinance, 1875," and " The Railway Tolls and Management Ordinance, 1875." I have, &c, His Honor the Superintendent, Canterbury. Daniel Pollen.
No. 25. The Hon. the Colonial Seceetaey to His Honor the Superintendent, Canterbury. Sir, — Colonial Secretary's Office, Wellington, 14th August, 1875. With reference to my letter of tho 9th instant, in which I stated that I would address your Honor on a future occasion on the subject of " The Reserve No. 1599 Ordinance, 1875," and " The Railway Tolls and Management Ordinance, 1875," I have now the honor to inform you that His Excellency the Governor will bo advised to assent to these Ordinances, and that a notice of such assent will be published in the next issue of the General Government Gazette. I have, &c, Daniel Pollen. His Honor the Superintendent of Canterbury, Wellington.
No. 26. The Deputy Superintendent, Canterbury, to the Hon. the Colonial Seceetaey. Sic, — Superintendent's Office, Christehurch, 14th August, 1875. I have the honour to acknowledge the receipt of your letter No. 442, dated the 9th instant, in which you intimate that His Excellency the Governor will not bo advised to exercise his power of
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