and legitimate functions of Government are neglected, the necessary result must be, not only that the improvements which the people have a right to expect will be neglected, and the prosperity of the country checked, but that the popular branch of the Legislature will misuse its power, and the popular mind be easily led into excitement upon mere abstract theories of government, to which their attention is directed as the remedy for the uneasiness they feel."

In this view of the proper functions of the Executive Council I entirely concur; but I greatly doubt whether they could be adequately discharged by a Council composed of only two or three persons holding offices in the public service, and of gentlemen serving gratuitously. It is hardly possible to expect that those so serving should devote any large portion of their time to their public duties, and it therefore appears to me highly desirable that salaries should be assigned to at least one or two seats in the Executive Council.

On such terms as these, which I have thus detailed, it appears to me that the peculiar circumstances of Nova Scotia present no insuperable obstacle to the immediate adoption of that system of parliamentary government which has long prevailed in the mother country, and which seems to be a necessary part of representative institutions in a certain stage of their progress.

I have thought it due to you to enter thus fully into the practical difficulties to be encountered in giving effect to those general principles which, in my despatch of 3rd of November, I laid down for your guidance in the selection of your responsible advisers. I am in hopes that the present despatch will leave you in no doubt as to the course to be pursued by you in the event of any changes of which you may anticipate the contingency. I owed it to you to make myself clearly understood on this point; and I trust that what I have now said, will be regarded by your Council as amounting to such a declaration of my views as was requested by them in their letter of the 30th January.

I have, &c., (Signed) GREY.

ACT OF PARLIAMENT ESTABLISHING MUNI-
CIPAL CORPORATIONS, ETC., IN NEW ZEA-
LAND. 28 AUGUST, 1846.

[9 & 10 Vict. cap. 103. "Statutes at Large."]

AN Act to make further Provision for the Government of the New Zealand Islands. [28th August 1846.]

I. [Recited Act (3 and 4 Vict. c. 62) and Letters Patent (dealing with the early government of the Islands and their separation from New South Wales) repealed so far as they are repugnant to this Act.]

Patent

Zealand.

II. And be it enacted, That it shall be lawful for Her Her Majesty Majesty, in and by any Letters Patent hereafter to be may by Letters issued under the Great Seal of the United Kingdom, from establish Time to Time to constitute and establish within any Municipal Corporations District or Districts of the Islands of New Zealand One in the Islands or more Municipal Corporation or Corporations, and to of New grant to any such Corporations all or any of the powers which, in pursuance of the Statutes in that Behalf made and provided, it is competent to Her Majesty to grant to the Inhabitants of any Town or Borough in England and Wales incorporated in virtue of such statutes, or any of them, and to qualify and restrict the Exercise of any such Powers in such and the same manner as by the Statutes aforesaid, or any of them, Her Majesty may qualify or restrict the Exercise of any such Powers as aforesaid in England.

Her Majesty may by Letters

III. And be it enacted, That it shall be lawful for Her Majesty, in and by any Letters Patent hereafter to be Patent divide issued under the Great Seal of the United Kingdom, from into Provinces,

139

the Islands

and establish separate Assemblies.

Legislative

House of Representatives to be elected by Corpora tions.

Time to Time to divide the said Islands of New Zealand into two or more separate Provinces, and to constitute and establish within the same Two or more separate Assemblies; (that is to say), One such Assembly in and for each of such separate Provinces, and that each of the said Assemblies shall consist of and be holden by a Governor, a Legislative Council, and a House of Representatives.

IV. And be it enacted, That each of the said Legislative Councils to be Councils, when such Legislative Councils shall be conappointed by Her Majesty; stituted, shall consist of such Persons as Her Majesty shall for that Purpose appoint; and that the Members of each of the said Houses of Representatives shall be elected by the respective Mayors, Aldermen, and Common Councils of the several Municipal Corporations aforesaid, situate within the Limits of the Government for which each of the said Houses of Representatives respectively shall be so elected, and that such Elections shall take place in such Manner and Form and under such Regulations as shall for that purpose be prescribed in any such Letters Patent as aforesaid.

Assemblies

may make

the Govern

ment of the

Province for

Constituted.

V. And be it enacted, That it shall be competent for Laws, etc., for any such Assembly so to be constituted and established within the Islands of New Zealand, and they are hereby authorized and empowered (save as herein-after is exwhich they are cepted), to make and enact Laws, Statutes, and Ordinances for the Peace, Order, and good Government of such Parts of the said Islands as shall be within the limits of any separate Province for which any such Assembly shall be so constituted and established as aforesaid, such Laws not being repugnant to the laws of the United Kingdom aforesaid, or to the laws of the General Assembly herein-after mentioned.

Her Majesty may by Letters Patent

establish a General

Assembly for the Islands.

VI. And be it enacted, That it shall be lawful for Her Majesty, in and by any such Letters Patent as aforesaid, to constitute and establish a General Assembly in and for the Islands of New Zealand, to be called the General Assembly of New Zealand, which said General Assembly

shall consist of and be holden by the Governor in Chief of the said Islands, and a Legislative Council, and a House of Representatives; and that the said Legislative Council shall consist of such Persons as Her Majesty shall for that Purpose appoint; and that the said House of Representatives shall consist of Members of the respective Houses of Representatives of the several Provinces into which the said Islands may in manner aforesaid be divided, which Members so to serve in the said General Assembly shall be elected, nominated, and appointed by such Persons, and in such Manner and Form, and upon and subject to such Rules and Conditions, as Her Majesty by any such Letters Patent as aforesaid shall direct.

be

VII. And be it enacted, That it shall be competent to General the said General Assembly of the New Zealand Islands, Assembly may "make certain and they are hereby authorized and empowered, to make Laws for and enact such Laws, Statutes, and Ordinances as may the Regulation of the Islands. required for all or any of the Purposes after mentioned; (that is to say,) first, for the Regulation of all Duties of Customs to be imposed on the Importation or Exportation of any Goods at any Port or Place in the New Zealand Islands; and secondly, for the Establishment of a General Supreme Court, to be a Court of original Jurisdiction or of Appeal from any of the Superior Courts of any such separate Provinces as aforesaid; and thirdly, for determining the Extent of the Jurisdiction and the Course and Manner of Proceeding of such General Supreme Court; and fourthly, for regulating the Current Coin of the said islands, or the Issue therein of any Bills, Notes, or other Paper Currency; and fifthly, for determining the Weights and Measures to be used therein; and sixthly, for regulating the Post Offices within and the Carriage of Letters between different Parts of the said Islands; and seventhly, for establishing general Laws of Bankruptcy and Insolvency to be in force throughout the same; and eighthly, for the Erection and Maintenance of Beacons and Lighthouses on the Coasts of the said Islands; and ninthly, for

Laws of
General
Assembly to

enacted by

separate

Provinces.

If Questions arise as to the

Power, etc., of

General

the Imposition of any Dues or other Charges on Shipping at any Port or Harbour within the same.

VIII. And be it enacted, That the Laws so to be enacted as aforesaid, for any of the Purposes aforesaid, by supersede those the said General Assembly of the New Zealand Islands, shall control and supersede therein any Laws, Statutes, or Ordinances in anywise repugnant thereto which may be enacted by the Assemblies of any such separate Provinces as aforesaid; and that if any Questions shall arise regarding the Limits of the Authority and Jurisdiction of the said General Assembly of the New Zealand Islands, and the Authority and Jurisdiction of the said other Assemblies, all Courts, Officers of Justice, and others shall conform and give Effect to the Decision of the said General Assembly of the New Zealand Islands on any such Question, until the Decisions thereon of Her Majesty in Council shall have been made known and promulgated within the said Islands, by which Decision any such Questions as aforesaid shall thenceforward be determined within the

Assembly, Her Majesty to determine

same.

Laws of aboriginal or native

where not repugnant to Principles of Humanity.

same.

IX. [Until 31st Dec., 1854, the Charter, etc., of 16th Nov., 1841, relating to New Ulster to remain in force.]

X. "And whereas it may be expedient that the Laws, Customs, and Usages of the aboriginal or native InhabiInhabitants to tants of New Zealand, so far as they are not repugnant to be maintained, the general Principles of Humanity, should for the present be maintained for the Government of themselves in all their Relations to and Dealings with each other, and that particular Districts should be set apart within which such Laws, Customs, or Usages should be so observed;" be it enacted, That it shall be lawful for Her Majesty, by any such Letters Patent as aforesaid, to make Provision for the Purposes aforesaid; any Repugnancy of any such native Laws, Customs, or Usages to the Law of England, or to any Law, Statute, or Usage in force in the said Islands of New Zealand, or in any Part thereof, in anywise notwithstanding.