9

8.—17

Length of Service on Establishment of General Government, or under any Provincial Government, giving date of first Appointment. —12th July, 1847. Twenty-eight years and five months. Total Amount of Salary drawn by Applicant during last three years of service; or two years, if retiring under section 33 or 35 of" The Civil Service Act, 1866." —£2,250. Total Amount of Fees drawn as Salary by Applicant during last three years of Service; or two years, if retiring under section 33 or 35 of " The Civil Service Act, 1866." —None. Whether Absent (on leave or otherwise) for any and what Period exceeding six iveelcs in every year of service. —Had eighteen months' leave of absence in 1852-53, inclusive of six w Teeks in each year. Never had any part of six weeks for several, say, at least fifteen, years. Has the Department ever been transferred to or from the Provincial Government. —No. Age at Bate of Application. —Fifty. JRemarks. —Was a Minister from end of June, 1869, to 22nd November of the same year without other office.

No. 22. The Hon. the Colonial Teeastieee to the Hon. Mr. Gisboene. Sic,— The Treasury, Wellington, 30th April, 1875. I have the honor to acknowledge the receipt of your letter of the 30th March ultimo, in which, expressing your desire to claim in August next your retiring allowance under the provisions of "The Civil Service Amendment Act, 1861," you ask to have three months' absence on full pay, with a view to your retirement. 1 learn with great regret that the Government must lose your valuable services as Insurance Commissioner. The leave which you ask will be granted from any day which you may name as convenient. I have, &c., W. Gisborne, Esq., Government Insurance Commissioner. H. A. Atkinson.

No. 23. The Hon. W. Gisboene to the Hon. the Colonial Teeastjeee. Sic, — Government Insurance Office, Wellington, 29th November, 1875. Adverting to my letter of the 30th of March last, and your reply of the 30th of the following month, I have the honor to place my resignation of my office of Commissioner of Government Insurance in your hands, for acceptance by His Excellency the Governor on such day as may bo convenient to the Government, such day, however, to precede the date which may be fixed by the Returning Officer for the nomination of a candidate for the City of Wellington, under the writ issued after the dissolution of the present General Assembly. At the same time I have the honor to apply for a retiring pension under the provisions of "The Civil Service Amendment Act, 1861." As the words used in the. third section, of that Act, prescribing as a basis of calculation " the average salary of the office or offices held by him during the last three years of his service," are very different from the words used in "The Civil Service Superannuation Act, 1858," in prescribing a basis, I should feel much obliged if the Government would take the opinion of their law officers on the interpretation of the above quoted words (Act of 1861), which appears to mo that the rate of salary appropriated for the last financial year of the period of service should be included in such basis of calculation. I have, &c, The Hon. the Colonial Treasurer. W. Gisboene. Kefereed for the opinion of the Solicitor-General on the point raised in the last paragraph of Mr. Gisborne's letter 29th November.—C. T. Baton.—Bth January, 187 G. I think that the interpretation for which Mr. Gisborne contends is borne out by the words of the Statute. It seems to be only equitable that the salary appropriated for the last financial year of the period of service should be taken into account in calculating the retiring allowance; I presume no similar question has hitherto been raised on this point. —W. S. Eeid.—l4th January, 1876. Eefeeeed to the Commissioners of Audit.—C. T. Baton.—l7th January, 1876. Will the Commissioners of Audit please state what is the practice in respect of the point raised in this letter, so that I may answer Mr. Gisborne.—C. T. Baton.—lst March, 1876. Me. Anderson. —Estimate the retiring pension as usual. —J. E. F'G.

No. 24. Mr. C. T. Baton to the Hon. W. Gisboene. Sib,— The Treasury, "Wellington, 31st December, 1875. I have the honor, by direction of the Colonial Treasurer, to acknowledge the receipt of your letter of 29th November, adverting to former correspondence, and tendering your resignation of the office of Government Insurance Commissioner, for acceptance at such dale as may be convenient to the Government. As it is understood that you are since desirous to receive the three months' leave of absence which, in reply to your letter of the 30th March, 1875, you were informed would be granted to you from such date as might be named by yourself, I am to request that you will be good enough to specify the date from which you propose to take up the desired furlough, in order that steps may be taken io appoint a deputy, as required by the Act. 2—B. 17.