86
by your Lordship to request that we would take into consideration the enclosed copy of a despatch from the Governor of Victoria, together with the draft of an * Vide Appendix answer which your Lordship proposed to return to it.
No. 9.
Mr. Merivale was also pleased to request that we would favour your Lordship with our opinion whether we approved of the proposed answer in a legal point of view; and would suggest any additions or amendments which the subject might appear to us to require.
Mr. Merivale added that it was your Lordship's intention, if the draft should meet with no objection, to issue similar instructions to the Governors of the other Colonies which are governed by English law.
Mr. Merivale also was pleased to furnish us with a copy of the Governor's instructions, to which Sir Henry Barkly refers.
In obedience to your Lordship's commands, we have perused the despatch of the Governor of Victoria, 1ogether with your Lordship's proposed draft answer thereto, and have the honour to report-
That we approve of the proposed despatch in a legal point of view, and there are not any additions or amendments which the subject appears to us to require.
We have, &c. (Signed)
J. D. HARDING. FITZROY KELLY.
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contained in paragraph 10 of the Governor's despatch of 26th of March, 1851, and to request that we would consider whether in such fresh Letters-Patent any arrangement such as is proposed by the Governor could be made (under the terms of the annexed draft resignation), so as to render practicable the eventual separation of the Diocese of Wellington from that of New Zealand, without future reference to the Bishop for his consent.
Mr. Merivale was further pleased to annex the Bishop of New Zealand's patent for reference, which we herewith return.
In obedience to the above commands, we have taken this matter into consi- deration, and have the honour to report--
That we entertain very grave doubts whether a part of the See of New Zealand can be resigned and severed from the rest in the manner proposed; but if any such serious inconvenience is apprehended in the event of the arrangement not being carried into effect as would outweigh this consideration, we recom- mend that an Act of Parliament should be obtained to legalize the contemplated proceedings.
We have, &c. (Signed) J. D. HARDING.
FRED. THESIGER. FITZROY KELLY.
The Right Hon. Sir J. Pakington, Bart., M.P.
&c.
&c.
&c.
The Right Hon. Lord Stanley,
&c.
&c.
&c.
II. Mc C. CAIRNS.
No. 82.
No. 82.
TUTT
PUBLIC RECORD OFFICE
Reference →→→
C.O.885
No. 81.
Resignation of part of his See by a Colonial Bishop. invalid.
New Zealand.
No. 81.
Copy of a LETTER from the LAW OFFICERS of the Cnown to Sir J. PAKINGTON.
SIR,
Doctors' Commons, May 10, 1852. WE are honoured with your commands signified in Mr. Merivale's letter of the 17th ultimo, stating that in reference to the Queen's Advocate's letter of the 3rd of the same month, on the subject of the proposed Letters-Patent for the Bishopric of Christ Church, he was directed to thank the Queen's Advocate for the suggestions it contains, but to state that as the power of appointing to dignities has been vested in Colonial Bishops by most recent Letters-Patent, and as you are informed that the Bishop of New Zealand has himself expressed his anxiety to be placed as soon as practicable on the footing of a Suffragan to the Metropolitan See of Sydney, you have determined to advise Her Majesty to authorize the issue of the Letters-Patent in the form proposed.
Mr. Merivale also states that he is now directed to enclose the annexed draft of a proposed instrument by which the Bishop of New Zealand intends to resign so much of his See as is to be comprised within the limits of Christ Church; and to request that we would report to you whether in our opinion this instrument would suffice to authorize the issue of the proposed Letters- Patent to the Bishop of Christ Church, without issuing any fresh Letters-Patent to the Bishop of New Zealand.
And that if fresh Letters Patent must be issued to the Bishop of New Zealand, in what form such Letters-Patent should issue.
That on this head, Mr. Merivale was directed to refer us to the suggestion
SIR,
Copy of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to Sir J. PAKINGTON.
Temple, August 12, 1852.
WE were honoured with a letter from Mr. Merivale of the 3rd instant, in Canterbury Asso- which he stated that he was directed by you to transmit to us a copy of an ciation, questions Agreement entered into between the New Zealand Company and the Canterbury regarding their Association on the 1st of December, 1849.
This Agreement was never formally executed, but full effect was given to it by the 13th & 14th Vict., cap. 70.
Under the 4th Clause of that Agreement the Association were bound to pay to the New Zealand Company one-sixth of the whole amount received by it in respect of land, whether sold in fee-simple, or appropriated for pasturage, or otherwise.
By the 13th & 14th Vict., cap. 70 (the New Zealand Company having, on the 4th of July, 1850, availed themselves, under the provisions of the 19th Clause of the 10th & 11th Vict., cap. 113 of the power given them of winding up their affairs), the right of the Crown to one-sixth of the moneys arising from Canter- bury sales is distinctly maintained.
According to the opinion of the Law Officers of Her Majesty's late Govern- ment, a copy of which was sent, the Crown is bound to pay over to the New Zealand Company the one-sixth so received.
Under the provisions of the Agreement, the Canterbury Association have, from time to time, paid over to the Crown sums amounting together to 12,4517. 108. 3 d., in respect of land-sales effected by them up the 5th of October, 1851.
From the 5th of October, 1851, to the 1st of March last, the Association have sold, further, lands realizing, as appeared from the Return furnished by them, 25,2901. 18s. 3d., one-sixth, or 4,2151. 3s. Old., of which amount was payable to the Crown.
This latter amount the Association have been called upon by you to pay over to the Crown; and that, from the copy of a letter from the Canterbury Association, dated the 14th of June, it would be found that the Association declared their inability to comply with this demand.
Under the 6th Provision of the 2nd Section of the 13th & 14th Vict., cap. 70, the Association were required to make sale of land to the value, in each year
Z
liability to the Crown.
3 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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