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A.—3

No. 129. Cook and other Islands Administration, Wellington, Sir,— 21st January, 1904. I have to acknowledge the receipt of your letter of the 16th December with reference to subsection (10a) of section 10 of the Order in Council establishing the Cook and other Islands Land Titles Court. The points raised were submitted to the Solicitor-General for his decision, and the following is his reply: — 1. On the whole I think that the words of section 6 of the Act are wide enough to cover subsection ( 10a) of the Order in Council. Subsection (10a) is supplemental to section 15 of the Act. The subsection deals with other than Crown lands, and therefore compensation is provided for. The section deals only with Crown lands, meaning lands the sole and only title to which is in the Crown, and consequently, no compensation is payable. 2. The Court can act under subsection (10a) without a Proclamation being made under section 15. 3. The powers conferred by section 15 may be acted on without reference to the Court, but, as stated above, relate only to Crown lands. Fred. Fitchett, Solicitor-General. 13-1-04. Dr. Fitchett adds that, having regard to the very wide and important powers conferred by the Order in Council, he thinks that when the Act is next before Parliament it would be well to insert a clause validating the Order, and declaring it to be within section 6of the Act. I have made a note of the point, with a view to having the necessary action taken when the opportunity arises. I have, &c, The Resident Commissioner, Rarotonga. C. H. Mills.

No. 130. Cook and other Islands Administration, Wellington, Sib,— 22nd January, 1904. Referring to Ordinance No. 12, 1903, to regulate and insure the attendance of Native children at the various schools established within the Cook Islands, I have to say that the matter was referred to the Hon. the Minister of Education for his opinion as to whether the Ordinance, as drafted and passed, was sufficient to meet the requirements of the case. The Secretary of Education now suggests the addition of the following three clauses in order to make the Act more workable : — 1. A child shall be held to have attended school if he has attended during not less than two hours each time that the school is open. 2. A child shall be held to have attended school regularly if he attends school not less than seven times out of any and every ten consecutive times that the school is open, morning and afternoon attendances being reckoned separately. 3. A child that does not so attend school in accordance with clauses 1 and 2 above shall be deemed to have committed an act of truancy. I enclose a copy of the regulations for attendance of Native children under " The School Attendance Act, 1901." I think the addition of the above clauses is desirable, and, if necessary, another Ordinance should be passed giving effect to their provisions. I have, &c, The Resident Commissioner, Rarotonga. C. H. Mills.

No. 42.

No. 131. Cook and other Islands Administration, Wellington, Sir,— 22nd January, 1904. I am in receipt of your letter of the Ist December suggesting that a reservoir be constructed at Alofi to catch the rain-water from the roof of the Government Building, and so provide the Residency and the villagers with a supply of pure drinking-water. I think the idea is an excellent one, and gladly authorise the expenditure of £29 10s., which you expect will cover the cost of the work. I hope the wells which you propose to sink in other parts of the island will prove successful. In the absence of facilities for collecting iain-water the experiment is well worth making. I have, &c, C. F. Maxwell, Esq., Resident Commissioner, Niue. C. H. Mills.

No. 113

No. 132. Cook and other Islands Administration, Wellington, Sir,— 23rd January, 1904. I have to inform you that His Excellency the Governor has been pleased to appoint Mr. Christopher Freke Maxwell to be Resident Commissioner in the Island of Niue, in accordance with section 4 of " The Cook and other Islands Government Act Amendment Act, 1903." It will be as well if notice to this effect is published in the Cook Islands Gazette. A copy of the Gazette containing the notice of the appointment will be sent to you shortly. I have, &c, The Resident Commissioner, Rarotonga. C. H. Mills.

No. 133. Cook and other Islands Administration, Wellington, Sir,— 23rd January, 1904. Referring to your letter of the 6th October forwarding Niue Island Ordinances Nos. 1 to 11 for assent, I have to say that, with the exception of Nos. 3 and 4, the Ordinances have been passed by the Attorney-General and forwarded to His Excellency for assent. No. 3, the Native Magistrates and Police Ordinance, has been returned to Niue for some alterations suggested by the Attorney-General; and No. 4, the Marriage, Divorce, and Registration Ordinance has been passed by the Attorney-General, but must be reserved for the Royal assent of His Majesty the

No. 81.