a body aggregate called "The Council," consisting of seven persons. The latter was constituted for the government of this City, as appears from the 3rd section; but the purpose for which the inhabitants of Auckland were incorporated is not set forth.

Of the 56 sections whereof the Act consists, but four, viz., the 1st, 2nd, 27th, and 28th, relate to the Corporation; the remaining 52 contain specific provisions relating to "The Council."

The 3rd section contains the following provision, viz.:

"For the government of the said City there shall be a Council (throughout this Act called "The Council"), which shall consist of seven members to be elected as hereinafter mentioned."

The 1st section of "the Auckland City Council Amendment Act" repeals this provision, and thereby virtually annihilates the Council, and of necessity repeals all the other sections in any way relating thereto, so that but four (those relating to the Corporation as already mentioned) out of the 56 have any force remaining. The Council itself being extinguished or abolished, all provisions of the Act defining its powers and jurisdiction, regulating the mode of electing its members, &c., become mere surplusage, that to which they related having ceased to exist.

The second section of the Amendment Act is in these words, viz.:

"For the government of the said City, there shall be a Council (throughout the said Act, and herein called "The Council"), which shall consist of nine members, to be elected as in the said Act and herein provided."

And the 3rd section provides that the Members of the Council constituted in the last year, shall go out of office on the last Wednesday of February, 1855.

No provision is contained in this Act as to the constituency by or from amongst whom the Council of nine persons is to be chosen, nor is any time fixed for the election of its members; whilst all the provisions of the other Act (excepting the four mentioned) relate to the election, &c. of the Council of seven. And if we can by any force of construction infer, that it was contemplated that all the regulations applicable to the election of the Council of seven were for the future to be applied in electing the Council of nine, then the election that took place on the last Wednesday of the last month ought not to have taken place until the last Wednesday in 1856, as will appear from section 10 of the first of the two Acts.

"The election of members for the City Council shall take place on the last Wednesday in the month of February in the year 1854, and on the last Wednesday in the month of February, 1856, and every subsequent year."

No such mode of construction is, however, to be admitted in the present or in any other case, unless the rules for the interpretation of statutes are to be wholly disregarded.

(Signed) SIMONSON ROCROFT,
Law Officer for the Province of Auckland.

Auckland,
March 26, 1855.

Superintendent's Office,
Auckland, March 24th, 1855.

I, WILLIAM BROWN, Superintendent of the Province of Auckland, do hereby notify, for general information, that the election of persons to serve as Members of the Council for the government of the City of Auckland, commonly called the Auckland City Council, which took place in the said City on the twenty-eighth day of February last, was, and is hereby declared to be, null and void, to all intents and purposes whatsoever.

Wm. Brown,
Superintendent.

Auckland,
Albert-street, March 26, 1855.

Sir,—I have the honor to state that I have observed a notice in the "Provincial Government Gazette" of Saturday last, notifying that "The Election of persons to serve as Members of the Auckland City Council which took place on the 28th day of February last, is declared by your Honor to be null and void."

I regret exceedingly that your Honor was advised to take such an unseemly course, and feel surprised, inasmuch as I had not been called on, (nor have I heard that any of the other members had been called on), to state the grounds on which they, with myself, claimed to hold their seats.

But I apprehend the course taken by your Honor is intended to apply, and meant to be, in conformity with a special authority given under the 26th clause of the "Auckland City Council Act", Session 1, No. 10, which reads thus,—"If any question of any kind shall arise as to the election, or in reference to the vacancy of any seat of any Member of the Council, or as to the right or duty of any Member to sit therein, such question shall be determined by a written decision of the Superintendent, which shall be final and conclusive."

Therefore, Sir, as an elected Member of the said Council, I respectfully request, as a matter of right, to see that written decision, and to be furnished with a copy of it, and beg to state that I will attend at the Superintendent's Office at any time fixed by your Honor for that purpose.

I have, &c.,

(Signed) WALTER LEE,
Chairman or Ex-Chairman, as the case may be, of the Auckland City Council,

His Honor the Superintendent,
W. Brown, Esq., M.G.A.