A.— No. 3.

'' Council to make or ordain any law or ordinance " for any of the purposes therein mentioned ; or section 53, which mentions laws made, not by the Provincial Legislature, but by the Provincial Council. Still No. 18, is, I think, manifestly the governing section of the Act in regard to this subject. It is, moreover, observable that the framers of the Constitution Act appear to have been careful throughout not to treat the Provincial Legislatures as Parliaments. In accordance with this view, is a dictum of a Judge of the Supreme Court: That provincial laws must be received as bye-laws and proved. The Colonial Secretary states, by way of further objection to the " City Board Loan Act," that the Hon. the Attorney-General is of opinion that the instructions of the Governor (issued to Superintendents of Provinces, 1857, and published in the N. Z. Gazette of No. 12, May 2, 1857,) requiring Provincial Loan Acts to be reserved, apply to Acts empowering Municipal and other bodies to raise loans on a mortgage of rates, as well as to Acts empowering Superintendents to raise loans on mortgage of Provincial Revenues. It seems to me that the Attorney-General must have misapprehended the nature and object of the Act in question. Possibly the short title may have misled. The " City Board Loan Act" is not an Act to raise a loan, but to appropriate a loan already raised under the Auckland Loan Act, 1863. It is simply an empowering Act, one of a series of Acts, "l 8 in number, made in accordance with section 18 of the Auckland Loan Act, 1863, the first 17 of which have been assented to on the part of the Governor. In regard to the " Wairoa Road Act" disallowed, I have merely to observe that it was not drafted by the Provincinl Solicitor, nor transmitted by the Superintendent to the Council. It was introduced on leave by a member of Council, a proceeding apparently not contemplated (compare sections 20 and 53) by the framers of the Constitution Act. 20th January, J866. Hugh Carleton. No. 5. The HON E. W. STAFFORD to HIS HONOR F. WHITAKEIt. Sir, — Colonial Secretary's Office, Wellington, 19th February, 1860. I have the honor to acknowledge the receipt of your Honor's letter, No. 182, of the 3rd inst. transmitting, at the request of the Provincial Secretary, a Memorandum written by him in reference to the " City Board Loan Act, No. 2, 1865," and the " Wairoa Road Act, 1805/' disallowed by His Excelency the Governor. In reply, I have to state for the information of the Provincial Secretary, that the Hon. AttorneyGeneral, to whom I referred your letter and its enclosure, states that he can hardly think that it is intended seriously to argue that the ordinary rules which reg-ulate Legislative bodies are not applicable to Superintendents and Provincial Councils when enacting' laws. The mere form, he observes, in which the Governor and Legislative Council and House of Representatives make laws offers no criterion whereby a distinction may be drawn in the respective power of Governor and Superintendent. The whole question is, what is the intention of the Legislature, and he thinks it clear that the declaration of assent or non-assent is to be made to the Council while sitting, and in the session in which the Bill passed. The Attorney-General thinks that the " City Board Loan Act, No. 2,1865," did authorise the Board to borrow. It principally authorises a loan to the Board, but thereby authorises the Hoard to boreow. I have, &c, His Honor the Superintendent, Auckland. E. W. Stafford. PROVINCE OF TAEANAKI. ls To. 1. His HONOR 11. E. RICHMOND to the HON. E. W. STAFFORD. Sir, — Superintendent's Office, New Plymouth, 24th November, 1865. I have the honor to transmit three copies on parchment of "Provincial Council Ordinance, 1865," and also three copies on parchment of " Executive Council Ordinance, 1865." I have, &c, H. R. Richmond, The Honorable the Colonial Seccretary. Superintendent. No. 2. The HON. E. W. STAFFORD to HIS HONOR 11. R. RICHMOND. Sir, — Colonial Secretary's Office, Wellington, 28th December, 1865. I have to acknowledge the receipt of your Honor's letter, No. 68, of the 24th ult., transmitting copies of " Provincial Council Ordinance, 1865," and of the " Executive Council Ordinance, 1865," respectively passed by the Provincial Council of Taranaki, and assented to by your Honor on behalf of the Governor.

5

DISALLOWANCE OF PROVINCIAL BILLS.