[NEW ZEALAND GAZETTE]

83

Considering that ordinance in its legal bearings, I am of opinion that the passing of a Bill to repeal it is wholly unnecessary, since it never had any force or validity at law. It is void for the reasons following:

1. It is repugnant to the Treaty of Waitangi, which guaranteed to the aboriginal natives of the Colony their lands and other properties together with all the rights and privileges of British subjects. That Treaty has, like the Treaty of Paris made in 1763 and under which the inhabitants of Lower Canada hold at this day their lands, and like all other treaties entered into by the Crown, the force of an Act of Parliament, and none of its provisions can be repealed but by the Imperial Parliament, or under its authority.

2. It is repugnant to the provisions contained in the 15th Section of the Royal Instructions accompanying the charter of November 16, 1840. By the Imperial Act, the 3&4 Vic. c 62, the Legislative Council to be erected or constituted under its provisions was bound (s. 3) to conform to and observe, in the enacting of laws, all such instructions not being repugnant to the law of England as should be issued from time to time in that behalf by the Queen in Council; and by those Instructions, no ordinance was to be passed by the Council subjecting persons not of European birth to any liabilities or restrictions from which persons of European birth were exempt. As the ordinance in question subjected the Maories to restrictions from which their European fellow subjects settled in the same colony were exempt, its provisions contravene the Act of Parliament under which the Royal Instructions were issued.

3. It is repugnant to the law of England which confers upon all the subjects of the realm the right of disposing of their private properties to such persons as they may deem meet; and by the 3rd Section of the Act mentioned, the Legislative Council was inhibited from making law repugnant to the law of England.

I have the honor to remain,

&c.,
S. GLETON ROCHFORT,
His Honor the Superintendent of the Province of Auckland.

PORT OF AUCKLAND.

Princes-street, Auckland,
January 15, 1856.

Sir,

Adverting to the request of your Honor that I should prepare the draft of a measure, to be submitted to the Provincial Council at its next sitting, for the management of the port of Auckland, I have the honor to inform your Honor that it is, in my opinion, beyond the jurisdiction of that body to legislate in the matter.

A port, according to the highest authority on the subject (Lord Hale), consists not only of the waters wherein ships lie and are sheltered from the winds, but also of "something that is artificial, as quays and wharfs, and cranes and warehouses, and houses of common receipt; and something that is civil, namely, privileges and franchises, viz, jus applicandi, jus mercati, and divers other additaments, given to it by civil authority." The Queen alone has the power of appointing and erecting ports, and of taking dues from the ships frequenting the same, in consideration of the shelter afforded, as well as for the use of the quays, wharfs, cranes, &c. These dues must not, however, be excessive or arbitrary. According to the Constitution Act, the Local Legislature is inhibited from making laws imposing dues or other charges on shipping, in any of the ports in the province; and wharfage dues, whether the vessel goes alongside the wharf to discharge her cargo, or merely sends it thither in her boats, are dues or charges on shipping.

The Queen is, by law, the Guardian or Superintendent of ports and havens, and all matters of a public nature are, in a special matter, under her care and protection. If the Local Legislature should appropriate a sum of money to the construction of works in the port of Auckland, or to any other branch of the public service, the Governor could, if so disposed, as the Queen could, under similar circumstances in the mother country, obtain, by proceedings at law, the money appropriated, and expend it for that purpose.

Under these circumstances, your Honor will perceive how desirable it is that some understanding should be arrived at, between your Honor and His Excellency, as to the appointment of a Board of Works for the province, or (if it should be found requisite) a Board of Commissioners for the Port of Auckland.

I have the honor to remain,
Sir,
SINGLETON ROCHFORT,
His Honor the Superintendent of the Province of Auckland.

BRIDGES, GREAT NORTH ROAD,
NEAR MR. PARTRIDGE’S.

THE following tenders for two Bridges, Great North Road, near Mr. Partridge’s, have been received and are published for general information.

Accepted Tender.
Cutting.
Michael Calinan, 150l. 0 0 ... 1s. 6d. per yard.

Not Accepted.
William Prior, 500l. 0 0 ... 2s. 6d. per yard.
R. Collins, 282l. 0 0 ... 1s. 9d.
D. Donohoe, 257l. 0 0 ... 1s. 8d.

J. LOGAN CAMPBELL,
Superintendent.

BRIDGE NEAR BUNCIMAN’S, GREAT SOUTH ROAD.

Superintendent’s Office, Auckland,
1856.

THE following tenders for a Bridge near Bunciman’s, on the Great South Road, have been received, and are published for general information.

Accepted Tender.
J. Runciman, ... £61 0 0

Not Accepted.
Alexander Muir, ... £400 0 0
Henry Suelgar, ... £100 0 0
James Whitaker, ... £83 0 0
Wm. J. Young, ... 93 0 0
Daniel Egan, ... 79 0 0

J. LOGAN CAMPBELL,
Superintendent.

Board of Works Office, Auckland,
April 24th, 1856.

THE following Tenders have been received, and are published for general information.

SHINGLING HOSPITAL.

Accepted Tender.
Thomas Haynes, ... £120 0 0

Not Accepted.
George Appleton, ... £158 0 0