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the instrument in question, or, if not, in whom such land will be vested, and whether the trusts created by the Act will attach to it.

In humble obedience to such commands, we have the honour to report that the instrument proposed to be issued, with the amendments which we have nade, will be sufficient to put an end to the Association's power of disposition over the lands in the Schedule to the Act. That the instrument may be served upon the same parties upon whom the former notice was served. Assuming that the Association has appropriated lands in the manner described by the 14 15 Vict., cap. 84, the property therein will remain vested in the Association, after the termination of their power of disposal over the lands by the instrument in question, subject, however, to the payment of the one sixth of the ascertained price, as in the case of the sales of land by the Association.

We have, &c. (Signed)

The Right Hon. Sir J. Pakington, Burt.,

&c.

&c.

&c.

FRED. THESIGER. FITZROY KELLY.

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and authority to pass the Act called "The Land Orders and Scrip Act;" and, although we think that Act is a measure of great hardship towards Mr. Tollemache and other persons similarly circumstanced, yet we are of opinion that, should the Crown be advised to permit "The Land Orders and Scrip Act" to come into operation without disallowance under the 15th and 16th Vict, cap. 72, section 58, the Crown will not become liable (in point of law or equity) to compensate Mr. Tollemache, and others similarly circumstanced, in respect of such liabilities or contracts as aforesaid.

We are, &c.

(Signed)

&c.

The Right Hon. H. Labouchere, M.P.,

&c.

&c.

'No. 85.

RICHARD BETHELL. HENRY S. KEATING.

No. 85.

PUBLIC RECORD OFFICE

Reference -

C.O. 88

885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO.

3 PUBLIC RECORD OFFICE, LONDON

No. 84.

"C'ontracts" and

liabilities "as-

sumed by the

Crown under the New Zealand Company's Act 10 & 11 Viet, r. 112.

$10,

No. 84.

Copy of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to Mr. Secretary LABOUCHERS.

Lincoln's Inn, March 1, 1858. WE are favoured with Mr. Merivale's letter of the 29th day of May last, in which he stated that he was directed by you to transmit to us an Act of the New Zealand Legislature No. 31 of 1856, entitled "An Act to define and settle the Rights of Holders of Land Orders and Scrip;" also copies of three letters addressed to him by Mr. A. G. Tollemache, dated February 24th, March 16th, and April 11th, respectively; also a copy of a letter from Mr. Sewell, a Member of the Executive Council of New Zealand, stating the circumstances under which the Act was passed; also copies of Parliamentary Papers, Proclamations, and Ordinances referred to in Mr. Tollemache's letter.

Mr. Merivale also stated that he was directed by you to request that we would favour you with our opinion on the following questions

1st. Whether Mr. Tollemache (as representing other scrip-holders circum- stanced similarly to himself) was a Nelson settler towards whom the Crown was under “liabilities," within the meaning of the 10th and 11th Vict., cap. 112, section 19?

2ndly. Whether the land-orders held by Mr. Tollemache, and by him exchanged for land-scrip, were "contracts" binding on the Crown under the same section?

3rdly. Whether, should the Crown be advised to permit the "Land Orders and Scrip Act" to come into operation without disallowance (under the powers reserved to it by the New Zealand Constitutional Act, 15 and 16 Vict., cap. 72, section 58), the Crown would become liable, in point of law or equity, to compensate Mr. Tollemache, and others similarly circumstanced, in respect of such liabilities or contracts as aforesaid; and whether it would be necessary, in order to obtain such compensation for Mr. Tollemache, or such other persons, to prove a reduction in the selling price of their scrip, in consequence of the

Act?

In obedience to your request, we have taken the papers submitted to us into our consideration, and have the honour to report—

That we have read and considered the very voluminous papers which have been laid before us, and are of opinion that Mr. Tollemache (as representing other scrip-holders circumstanced similarly to himself) is a Nelson settler, towards whom the Crown came under liabilities within the meaning of the 10th and 11th Vict., cap. 112, section 19. We are also of opinion that the land- orders held by Mr. Tollemache, and by him exchanged for land-scrip, were contracts binding on the Crown under the same section.

But we are of opinion that the Legislature of New Zealand had full power

SIR,

Copy of a LETTER from the QUEEN'S ADVOCATE to Sir E. B. LYTTON.

Doctors' Commons, July 12, 1858.

precedent) be made

I AM honoured with Mr. Herman Merivale's letter of the 29th of June Metropolitan ultimo, stating that the Bishop of New Zealand having proposed to resign the Bishop cannot Letters-Patent appointing him to that bishopric, with a view to the division of (with regard to New Zealand into four dioceses (besides that of Christ Church, erected under the elective by and Act of Parliament 15 & 16 Vict., cap. 88), he was directed by you to request from among the

Bishops of his that I would prepare the necessary instruments.

That the following will be the four Sees : Diocese of New Zealand.-To extend over the Provinces of Auckland and New Plymouth. Bishop, the Reverend George Augustus Selwyn.

Diocese of Tauranga.-To extend over so much of the Northern Island,^ otherwise called New Munster, and Islands adjacent thereto, as is not comprised in the Provinces of Auckland, New Plymouth, or Wellington. Bishop, the Reverend William Williams.

Diocese of Wellington.-To extend over the Province of Wellington. Name of the Bishop to be, for the present, left in blank.

Diocese of Nelson. To extend over so much of the Middle Island, other- wise called New Munster, and Islands adjacent thereto, as lie to the northward of a geographical line drawn across the said island at the parallel of 43° 5′ of south latitude, being the northern boundary of the diocese of Christ Church. Bishop, the Reverend Edmund Hobhouse.

Mr. Herman Merivale added, that it is thought expedient (if there should be no legal objection thereto), that provision should be made in these respective Letters-Patent for the following objects:

1. Authority to the Bishops to appoint Archdeacons and Cathedral Digni- taries (as in recent North American Episcopal Letters-Patent), with authority to subdivide and vary the limits of Archdeaconries.

2. Power to the Crown to alter, from time to time, the limits of these dioceses, with such consent as is specified in the Letters-Patent of the Bishop of Christ Church.

3. Power to the Bishops to alter, from time to time, the site of the Cathedral Churches of their respective dioceses.

4. Provision for the performance of the duties of any vacant See of New Zealand in the manner suggested by Bishop Selwyn, in a letter dated 25th of July, 1854, of which extract is annexed.

5. Provision to be made for establishing the Primacy of the Senior Bishop for the time being, in the manner following

The present Bishop of New Zealand (Selwyn), to be Metropolitan as long as he shall fill the office of Bishop; on his vacating that office, the Metropolitan to be elected by, and from among, the Bishops of the province, including the successor to Bishop Selwyn: the senior Bishop, in order of consecration, to act

? as Metropolitan in default of, and until such, election.

That in the event of this latter arrangement being rude, it will be further expedient that the Bishop of Christ Church should be included in it; for which

.2 A

Province.