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month previous, under circumstances exactly similar.

The grounds of that opinion were--1st. that the Local Legislature of this Province was not empowered by law to erect municipal or other institutions; 2nd. That even if the Local Legislature had such power, it had, by the Auckland City Council Amendment Act (Sess. II. No. 9), abolished the City Council of seven; and that it had made no provision whatever for electing or constituting any other similar body.

These grounds of objection apply with as much force to the election of the 21st ultimo as to the former one which took place on the 28th of February last.

It seems that Mr. Mitchell was Clerk to the City Council of seven, and that Mr. Mayne as Commissioner of Police was Returning Officer for the election of persons to be members thereof.

I am, however, of opinion, that neither one nor the other of these gentlemen had any authority in law to act officially in bringing about either of the two elections referred to.

Assuming that the City Council of seven had been a legally-constituted body, it was abolished by the provision contained in section 1 of the Auckland City Council Amendment Act, and with it, all offices incident thereto; it being a maxim of law that the accessory follows its principal.

"An office may be lost by the destruction of the thing to which the office belongs; as, if one grants the office of parker, and afterwards destroys the park, the office, with all casual fees, is gone. So if a grant be to A, to be steward of a manor, and afterwards the manor is destroyed. And if a Corporation be dissolved or surrendered, the office of Recorder, Town-clerk, &c. is gone."—Coke on Littleton I., 239 (n)

The election in question may be regarded as one purely voluntary. The persons elected, so long as they do not interfere with the rights of their fellow-citizens, cannot be said to be acting illegally—but as soon as ever they shall have, in the least degree, recourse to such proceedings, they will render themselves amenable to the law; and both Mr. Mayne and Mr. Mitchell, who formed or organised them into a Council, will be as responsible for any unauthorised acts which they may directly or indirectly commit, as if they (Mr. Mayne and Mr. Mitchell) were members of such Council.

SINGLTON ROCHFORT,
Law Officer for the Province of Auckland.

His Honor the Superintendent, Auckland.

Superintendent’s Office, Auckland,
1st May, 1855.

I HEREBY notify that I have appointed S. KEMPTHORNE, Esq., to be Acting Immigration Agent of this Province.

WM. BROWN,
Superintendent.

IMMIGRATION. — ASSISTED PAS-SAGES.

Superintendent’s Office, Auckland,
1st May, 1855.

FOR the convenience and information of Immigrants arriving under Government Regulations at this place, and of the public in general, the Acting Immigration Agent has been instructed to keep a Registry of Immigrants, specifying their trades, residence, &c., also of persons resident in the Province requiring Labourers or Artificers.

The above Registry will be open to the inspection of the public, for the present, at this office.

WM. BROWN,
Superintendent

NEW ZEALAND, PROVINCE OF AUCKLAND.

RETURN of IMMIGRATION and EMIGRATION at AUCKLAND during the Quarter ending 31st March, 1855.

This Return does not include the Military.

S. KEMPTHORNE,
Acting Immigration Agent.