Edward King, duly elected, the names of neither of the proposers of that gentleman being on the Electoral Roll for the City of Auckland, and one other person (John Williamson) only one of whose proposers’ names appears on the Electoral Roll.

I have, &c.,

(Signed) EDWARD MAYNE,
Returning Officer.

To His Honour the Superintendent.

NOMINATION PAPER No. 1.

To the Returning Officer for the City of Auckland.

We the undersigned, duly qualified Burgesses for the City of Auckland, beg to nominate the undermentioned Burgesses of the City of Auckland as members of the City Council.

Names of Persons proposed.

George Smith, publican, Queen-street
Charles Lowson, Wyndham-street, builder
Joseph Low, Shortland-street, miller

Names of Proposers.

Stephen Edward Hughes, Wakefield-street, settler
William Ash Laxon, Shortland-street, Auckland, settler.

Certificates.

I hereby certify that I am willing to serve as a City Councillor if duly elected.

(Signed) JOSEPH LOW.

I hereby certify that I am willing to serve as a City Councillor if duly elected.

(Signed) CHARLES LOWSON.

I hereby certify that I am willing to fill the office of City Councillor if duly elected.

(Signed) GEORGE SMITH.

NOMINATION PAPER No. 2.

To the Returning Officer for the City of Auckland.

We the undersigned, duly qualified Burgesses of the City of Auckland, hereby nominate the following Burgesses as members of the City Council.

Names of Persons proposed.

George Ebenezer Vaile, Queen-street, grocer
Joseph Low, Shortland-street, miller
Charles Lowson, Wyndham-street, builder
George Smith, Queen-street, publican.

Names of Proposers.

Shortland-street, tinsmith, Archibald Macpherson
High-street, blacksmith, Andrew Hodges.

Certificate.

I hereby certify that I am willing to serve in the City Council should I be duly elected thereto.

(Signed) GEORGE E. VAILE.

OPINION OF THE PROVINCIAL LAW-OFFICER.

1. I am of opinion that the local Legislature of this Province exceeded its powers in passing “The Auckland City Council Act,” and “The Auckland City Council Amendment Act,” and that no election of City Councillors which may take place under their provisions can be valid, or have any force at law.

All powers given or conferred by Act of Parliament are strictly interpreted.

Superintendent’s Office,
Auckland, 26th March, 1855.

Sir,—I have the honor to direct your attention to my letter of the 21st instant, in which I request information as to whether any nomination papers, other than those copied into the Gazette, were lodged, either regularly or irregularly, with you, and if so, that you will furnish me with the same, or with copies thereof.

A portion only of that information has been forwarded to me, and I have therefore to request that you will place me in possession of all the nomination papers (or copies thereof) lodged with you, containing the names of Messrs. Smith, Lowe, and Lowson, as candidates for the late City Election.

I have, &c.,

(Signed) WM. BROWN,
Superintendent.

Edward Mayne, Esq.,
Commissioner of Police.

Police Office, Auckland,
March 27th, 1855.

Sir,—Referring to your letters of 21st and 26th instant, I have the honour herewith to enclose copies of all the Nomination Papers lodged with me containing the names of Messrs. Smith, Low, and Lowson, as candidates for the late City Election, as also the necessary accompanying certificates:—

Copy No. 1 is the Nomination Paper containing the names of Messrs. Smith, Lowson, and Low, signed by their proposers, Messrs. Hughes and Laxon, accompanied also by the necessary Certificates from the Candidates, and duly and regularly filed with me as Returning Officer.

Copy No. 2 is a Nomination Paper, containing the names of Messrs. George E. Vaile, (accompanied by his necessary certificate,) Joseph Low, Charles Lowson, and George Smith (without any certificate), and signed by Messrs. M’Pherson and Hodge as seconders to the above-named parties.

To this Paper I objected at the time of its being handed to me, as irregular so far as concerned Messrs. Lowe, Lowson, and Smith, stating, as I have already said in my first letter, that these parties had already sent in their Nomination Papers.

Should there have been no other objection to receiving and acting upon the document copy No. 2, I submit that its being unaccompanied by the necessary certificates would have rendered the Nomination null and void.

I have, &c.,

(Signed) EDWARD MAYNE,
Returning Officer.

To His Honour the Superintendent.