7

1.—4

A. B. [22° G-eo. 111. c. XLV. (§§ 1 and 2).] ["The Disqualification Act, 1870," No. XVII. § 9.] Foe further Securing the freedom and independence of And whereas it is expedient to prevent persons concerned or Parliament: Be it enacted, &c, That from and after the interested in contracts affecting the Public Service of the end of this present session of Parliament, any person who colony from the opportunity of exercising undue influence shall, directly or indirectly, himself, or by any person what- with or over the Government of the colony: Be it further soever in trust for him, or for his use or benefit, or on his enacted, that no person who shall be concerned or interested account, undertake, execute, hold or enjoy, in the whole or in in any contract or agreement with Her Majesty, or with any part, any contract, agreement, or commission, made or entered officer or department of the G-eneral Government of New into with, under, or from the Commissioners of His Majesty's Zealand, with respect to the Public Service of New Zealand, Treasury, or of the Navy or Victualling Office, or with the under which any public money of the colony is to be paid, or Master-G-eneral or Board of Ordnance, or with any one or any waste lands given for any service, work, matter, or thing more of such Commissioners, or with any other person or shall be capable of being summoned to, or of holding a scat persons whatsoever, for or on account of the Public Service ; in the Legislative Council, or of being elected to serve as a or shall knowingly and willingly furnish or provide, in pur- member of the House of Representatives ; nor shall any such suance of any such agreement, contract, or commission, which persons sit or vote in the said Council or House during the he or they shall have made or entered into as aforesaid, any time he shall be concerned or interested in any such contract money to be remitted abroad, or any wares or merchandize or agreement: Provided that nothing herein contained shall to be used or employed in the service of the public, shall extend or apply to any agreement or contract entered into be incapable of being elected, or of sitting or voting as a by any company, partnership, or association consisting of Member of the House of Commons, during the time that he more than twenty persons when such contract or agreement shall execute, hold, or enjoy any such contract, agreement, shall be entered into for the general benefit of such comor commission, or any part or share thereof, or any benefit pany, partnership, or association, or to any contract for or emolument arising from the same. printing or advertising, or to any contract for which not And be it further enacted by the authority aforesaid, more than forty pounds is to be paid, or to any lease, license, That if any person, being a member of the House of Com- or occupation, sale or purchase of any waste lands within the mons, shall, directly or indirectly, himself, or by any other colony, in accordance with the law in time being in force for person whatsoever in trust for him, or for his use or benefit, the sale, occupation, or disposal of such waste lands, or to or on his account, enter into, accept of, agree for, undertake any agreement for any such lease, license, sale, or purchase, or or execute, in the whole or in part, any such contract, agree- for the occupation of such land or for any easement therein, ment, or commission as aforesaid ; or if any person, being a or for the loan of money or to any security for the payment member of the House of Commons, and having already en- of money only, tered into any such contract, agreement, or commission, or part or share of any such contract, agreement, or commission, by himself, or by any other person whatsoever in trust for him, or for his use or benefit, or upon his account, shall, after the commencement of the next session of Parliament, continue to hold, execute, or enjoy the same, or any part thereof, the seat of every such person in the House of Commons shall be and is hereby declared to be void.

No. 2. —Memorandum by Mr. Stout, M.H.R. In re " The Disqualification Act, 1870." As I may not be able to attend the meeting of the Committee at which the report is framed, I desire to express my opinion on the general aspect of the questions the Committee has to report on. From Mr. Buckland's evidence and the papers as yet (18th September, 1875) laid before the Committee, it seems admitted that Mr. Buckland has sold certain lands known as Native lands to the Crown, the Government having purchased them under the authority of Parliament, and paid for them out of funds voted for the purchase of lands in the North Island. These facts being admitted, so far as Mr. Buckland is concerned, the first question put to the Solicitor-General seems to me the only important one. So far as the Committee's investigations have yet extended, the facts connected with the Murimotu purchase, and also the assignment of a certain lease of Native lands by Mr. Buckland, have not been formally considered by the Committee; but when considered, the answer to the first question will enable the Committee to determine whether a breach of the Act has been committed or not. Adopting a fair construction of the Disqualification Act, it seems to me that the answer to the first question must be Yes. The Solicitor-General appears to be of opinion that two things must concur before a member of the House of Representatives becomes disqualified, viz., — (1.) The contract must be executory, or rather I should say continuing. (2.) The House must be actually sitting at the time of the existence of the contract. In this I cannot agree with him. The whole intention of the Act would be frustrated were his interpretation adopted. For if it is not improper to make a contract with the Government when the House is not sitting, I do not see anything to prevent all the members of the House becoming contractors with the Government. To give an example, suppose the Government required stationery, could it not be purchased the day after the prorogation in one mass ? Or even, perhaps, one-half of those things required for the Public Service might be so dealt with. And were his interpretation adopted, the only kind of contracts that would be reached would be those for mail services and others of a similar class, which required performance daily. The kind of contract seems to me of little importance, and the Solicitor-General himself, in the end of his reply, lays little stress on it. If indeed a contract not under seal was to disqualify, while one duly sealed and delivered worked no disqualification, all that would be required to get quit of the provisions of the Act would be to enter into the most solemn contract known to the law. The higher the kind of contract the less the disqualification. This need only be stated to show that such a doctrine would reduce the