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leave to enable him to regain his health, he was camp'slled to resign. He was, in fact, practically ■discharged, having been called upon to resign (vide Mr. Greenfield's letter, dated 14-th May, 1887, (Vol. Cb). Some short time after he left the Provincial Government service the Provincial Council voted him a sum of £200 as a testimonial in recognition of its high sense of the faithful manner in which he had discharged his duties (vide B). He states, however, that this was not intended to be regarded as compensation for loss of office. 4. He was appointed a draughtsman in the Land Transfer Department of the General Government service on the 27th March, 1871, and held that appointment at the time that he was appointed a Resident Engineer in the Public Works Department on the 21st October, 1872 (vide ■C and Ca). 5. He was offered temporary employment in the Public Works Department, at a weekly salary, on the sth March, 1872 (vide D), which he accepted by telegram the following day (vide E). 6. He was formally appointed by the Governor in Council as Resident Engineer of the Nelson and Foxhill Railway on the 13th November, 1872 (vide F), and received stamped letter of appointment, to take effect from the 21st October, 1872, on the 11th December of that year (vide G). 7. He has been continuously in the service of the General Government (Public Works Department) ever since, and on the 10th ultimo notice was sent to him that it was the intention of the Government to dispense with his services on the 30th September next (vide H). Mr. Austin had, however, been in communication with the Engineer-in-Chief as to his intention of applying to be allowed to retire on a pension, owing to continued ill-health, for some little time prior to this notice being sent to him; and, in pursuance of that intention, he now asks to be allowed to retire on a pension, instead of receiving compensation for loss of office. Mr. Austin has not at present attained the full age of sixty years, but he submits a medical -certificate of incapacity to further efficiently perform his duties, in accordance with section 35 of " The Civil Service Act, 1866 " (videl). He considers that he is entitled to a retiring-allowance, and that section 18 of " The Civil Service Act, 1866," allows him to include in his total length of service the ten months that he was in the General Government service in 1855-56 ; and that section 6 of " The Civil Service Acts Amendment Act, 1878," allows him to include his provincial service ; thus bringing up the total length of service in respect of which he can claim a retiringallowance to slightly over twenty-seven years. The points on which the Solicitor-General is requested to advise are as follow: (a.) Is Mr. Austin entitled to a retiring-allowance? (b.) If so, should it be computed under the provisions of the Civil Service Acts of 1858, 1861, or 1866 ? (c.) In respect of what length of service should the .allowance be computed ? Bth June, 1887. C. Y. O'Connor.

Opinion of the Solicitor-General. I have perused and carefully considered the papers in Mr. Austin's case, to which I have been referred by the foregoing statement, and in my opinion Mr. Austin would be entitled to a retiringallowance only as from the date he re-entered the Civil Service of the colony, in March, 1871. Although it appears he was originally the holder of a permanent office in the Civil Service, and was then transferred to the Nelson provincial service, yet I think his resignation of his office therein in 1866 precludes his being allowed to reckon his provincial service and the service prior thereto in any claim for retiring-allowance. It may be that Mr. Austin was treated rigorously by the Nelson Government, and that his resignation was insisted on, still it effectually severed his connection with the public service of the province, and the rigour of the treatment by the province cannot be set up as against the Government of the colony. But for the fact of this resignation I think Mr. Austin would have had a legal claim to a retiring-allowance as from the date of his original appointment in 1855. My answers, therefore, to the several questions put, are : (a.) Mr. Austin will be entitled to a retiring-allowance on the production of satisfactory evidence to the Governor in Council that he is incapable, from bodily infirmity, of discharging the duties of his office, and that such infirmity is likely to be permanent, (b.) Such pension should be computed under " The Civil Service Act, 1866." (c.) From the date of his appointment as Chief Clerk and Draughtsman in the Land Registry Office at Christchurch, in March, 1871. 13th June, 1887. W. S. Reid.

Minute by the Hon. the Minister for Public Works. Refer this file to tiie Hon. the Attorney-General for his opinion. 15th October, 1887. E. Mitchelson.

Opinion of the Hon. the Attorney-General. I think Mr. Austin is entitled to a pension for his General Government services, and that his provincial service may be reckoned if he returns the compensation of £200 paid him by the Nelson Provincial Government. 21st November, 1887. Fred. Whitaker.

Minute by the Under-Secretary for Public Works. Mr. Austin is willing to pay the £200 out of his first year's pension. 28th November," 1887. C. Y. O'Connor. [Approximate Cost of Paper. —Preparation, nil; printing (1,275 copies), £1 4s.]

By Authority : George Didsbuey, Government Printer, Wellington,—lBB7.