8.—17.

Act, 1876," I have submitted your resignation to the Governor, and His Excellency has been pleased to accept the same, without prejudice to your claim to a retiring allowance in pursuance of the Civil Servico Superannuation Acts of 1858 and 1861, which is still undor consideration. I have, &c, The Hon. Dr. Pollen. H. A. Atkinson,

No. 47. The Hon. Dr. Pollen to the Hon. the Colonial Seceetaet. Sib,— Wellington, 13th October, 1877. With reference to my letter of date 30th October, 1876, addressed to the Hon. tho Premier, and to Major Atkinson's reply thereto, copy of which is annexed, I have the honor to request that His Excellency the Governor may be moved to grant to me the retiring allowance to which I may be found entitled under the provisions of tho Civil Service Acts of 1858 and 1861, on and from the date at which the resignation of the offices in the Civil Service held by me was accepted. I have, &c, The Hon. the Colonial Secretary, Wellington. Daniel Pollen. Dr. Knickht. —Please look over these papers and state whether the pension is properly calculated, and whether the appointments held were bond fide General Government appointments entitling Dr. Pollen to count service.—G. S. W. Memoeanduh. —In the case of Dr. Pollen I was doubtful whether, in computing the amount of his retiring allowance, the salary paid to him for services as Paymaster of the Imperial Pensioners residing in the colony should count. The office was not known to the Legislature, and the pay (£3OO per annum) was provided for out of an allowance of 2\ per cent, paid by the Imperial Government into the colonial chest. The question was referred for tho opinion of the Law Adviser of the Crown, who stated that he understands that the offices in respect of which Dr. Pollen claims a retiring allowance are all offices held under the General Government and in the Civil Service of the colony, and he thought the claim is good. Acting on this opinion, and having obtained Dr. Pollen's certificate that he has held the office and discharged the duties required of him up to the 30th October, 1876, the claim of £408 6s. Bd. was not further objected to. —Cuables Knight, Commissioner of Audit, 31st October, 1877. The Hon. Colonel Whitmore.

No. 48. The Hon. the Colonial Seceetabt to tho Hon. Dr. Pollen. Sib,— Wellington, 12th November, 1877. I have tho honor to acknowledge the receipt of your letter of the 13th October ultimo, in which you request that His Excellency the Governor may be moved to grant to you the retiring allowance to which you may be found entitled under the provisions of the Civil Service Acts of 1858 and 1801, on and from the date on which tho resignation of the offices in tho Civil Service held by you was accepted. In reply, I have the honor to inform you that the question, which is surrounded by some difficulties, is still under the consideration of the Government. I have, &c, The Hon. Dr. Pollen, M.L.C. Gh S. Whitmoee.

No. 49. The Hon. Dr. Pollen to the Hon. the Colonial Secretary. Sir,— Wellington, 14th November, 1877. I do myself the honor to acknowledge the receipt of your letter of date 12th instant, in which, with respect to the application for a retiring allowance made by me on the 13th October ultimo, you inform me that "the question, which is surrounded by some difficulties, is still under consideration." By the Disqualification Act of 1870 I was placed in tho dilemma of being forced to resign my Civil appointments, or to cease to be a member of the Legislative Council, and, consequently, of tho Ministry; and as I was apparently the only individual in the Civil Service whose position couid be immediately affected by the provisions of section No. 14 of that Act, I may not unreasonably conclude that it was specially intended to aft'ect me, as it did. On the day before that Act came into operation I tendered the resignation of all my appointments in the Civil Service, without prejudice to my claim to a retiring allowance. That claim, for reasons which I hope will be obvious, I did not then press further. My resignation, with the condition stated, was at once accepted by Ministers, and approved by His Exceliency the Governor. The merits of my claim to a retiring allowance had been previously considered, and my right admitted, by the Law Officers of the Crown and by the Commissioner of Audit, for whose decision in the first instance such applications are usually submitted. These facts are on record. Under these circumstances, I beg leave respectfully to request that you will be good enough to inform me what are the difficulties which are now found to surround this question, in order that I may be able, by supplying possibly deficient information or otherwise, to endeavour to remove them; and, as the question is for me one of pressing importance, I solicit the favour of an early reply. I have, &c, The Hon. the Colonial Secretary, Wellington. Daniel Pollen.

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