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No. 42. THE SUPERINTENDENT, OTAGO, TO THE COLONIAL SECRETARY. Superintendent's Office, Duuedin, December 20th, 1861. Sir, — I have the honor to acknowledge the receipt of your letter of No. 862, of the 30th of November last, giving cover to an Ordinance for raising the sum of £50,000 for the public service of the Province of Otago, &c, assented to by his Excellency the Governor. I have, &c, To the Honorable the Colonial Secretary, J. Richardson, Auckland. Superintendent,
No. 43. THE SUPERINTENDENT, OTAGO, TO COLONIAL SECCETAEY. Superintendent's Office, Dunedin, 20th January, 1862. Sir,— In acknowledging the receipt of your letter on the " Loan Ordinance," and the assent of thu latter by His Excellency the Governor, I have to observe that the first Bill was disallowed, although the Provincial Council had acted in accordance with the wishes conveyed by the General Government as to Trustees for the sinking fund, no objection was otherwise urged to the Bill; an 1 now I regrat to notice there is a further objection, though the Bill was submitted for the information of the General Government. I append a Dote by the Provincial Solicitor, to which I beg to draw your attention. I have, &c, J. Richardson, Superintendent. The Hon. the Colonial Secretary, Auckland. Opinion of the Provincial Solicitor of the Province of Otago, on the "Loan Ordinance, 1861." This Ordinance contains but twelve sections, none of which relate to the " issue of moneys" by the Superintendent, but clause 1 empowers liim to issue debentures ; and although the Ordinance does not expressly provide that the debentures shall be sold, and the proceeds paid to the Treasurer of ilie Province, it is presumed that it would be so paid. The responsibility of issuing anil selling debentures must be entrusted to some one, and there can be no reason why the Superintendent, acting under the advice of his Executive Council, should not be entrusted with the management of the business. J. 11.
No. 44. mk. fox to superintendent, otago. Sir,— With reference to your Honor's letter, No. 245, of the 20th ultimo, relative to the Loan Ordinance of the Province of Otago, I have to annex, for your Honor's information, a copy of a Minute of the Honorable the Attorney-General thereon. ] have, &c. r W. Kox. His Honor the Superintendent, Otago.
MINUTE BY MR. SEWELL.
Feb. 6th, 1862. la the Utter of the Bth January last, there seems to have been a clerical error in writing 18th, instead of 10th section, referring to the "Otago Loan Ordinance." The 18th section of that Ordinance directs that the Superintendent shall "pay yearly out of the Revenue of the Province, a sum equal to 3 per cent." This appears to me clearly a direction to the Superintendent to issue the money. The Ordinance has been allowed; but my attention having been called to the fact, it appeared to me desirable that the Ordinance should be amended in this particular, aad also that the attention of the Superintendent should be drawn to the fact. Henry Seavell.
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