101

and not the Superintendents of the Provinces, is
to make provision for the appointment of such
officers. Under the power of issuing a writ, the
Superintendent of a province has the implied
power of directing it to the proper Returning
Officer, to be executed; but he has not the power of
appointing to that office.

That great particularity is required in the
directing of writs will appear from the following
cases.

A writ to be executed within a franchise in a
county should be directed to the Sheriff of that
county, but should, except in certain cases provided for, be executed by the bailiff of the franchise:
"Therefore a writ directed to the bailiff of the
Borough of Southwark was holden void, and the
defendant was discharged out of custody" (Arch.
Prac. 508). By the Act for the better administration of Justice in England and Wales passed in
the first year of the late King, it was provided, that
all the power, authority, and jurisdiction of the
Chamberlain and Vice-Chamberlain of the County
Palatine of Chester should cease and determine.
Up to that time, all writs for the election of
members to serve in Parliament for that County,
were issued to the Chamberlain, in pursuance of
an Act passed in the reign of Henry the Eighth.
The practice was continued, notwithstanding the
abolition of the Chamberlain’s power, authority,
and jurisdiction, by the Act mentioned, until the
year 1846, when it was discovered that all such
elections were void, owing to the continuance of
the practice of so directing the writs, after the
abolition of the Chamberlain’s functions. An Act
had to be passed by Parliament (the 9 and 10
Vict., c. 44) to legalize the elections holden under
the writs.

"And be it enacted that all elections heretofore
held since the passing of the said Act shall be
deemed to be valid, notwithstanding that the writs
for such elections shall have been directed to the
Chamberlain of the County Palatine of Chester,"
&c.

I am of opinion that even if a writ, and not an
order or precept, had been directed to Captain
Hanltain for holding the election in question,
that such election would have been nevertheless,
void, owing to the writ not having been directed to the proper Returning Officer.

I am, sir,

Your Honor’s obedient servant,

SINGLETON ROCHFORT,
Law Officer, for the Province
of Auckland.

His Honor the Superintendent
of the Province of Auckland.

RETURN of Cattle slaughtered at the

Public Slaughter House, Newmarket, for
the week ending 26th April, 1856.

April 21. ANDREWS.

Ox, 3 years, red and white, poley, like
TS off ribs.

" 21. WILSON.

Ox, 4 years, white, open horns, like IC
off rump.

" 21. YOUNG.

Ox, 3 years, red and white, hoop horns,
TS off ribs WC near rump.

" 21. HOLMES.

Ox, 3 years, red and white, hoop horns,
notch off ear, like O off ribs, WR
(conjoined) off rump.

" 21. WELLS.

Ox, 4 years, red and white, open horns,
slit off ear, G (within circle) off ribs.

" 21. STONE.

Heifer, 2 years, red and white, small
short horns, SK off rump, illegible
brand off ribs.

" 22. DAY.

Heifer, 2 years, red, short horns, off
ear topped, O off shoulder No. 7
under.

" 22. WELLS.

Heifer, 2 years, black and brown, short
horns, off ear topped, O off shoulder,
No. illegible.

" 23. HOLMES.

Heifer, 2 years, white, open horns. O
off rump, O off shoulder, DB off
thigh.

" 23. ANDREWS.

Heifer, 3 years, red, white belly, open
horns, off ear topped, O off shoulder.

" 23. WILSON.

Heifer, 2 years, red and white, short
horns, off ear topped, O off shoulder,
O off rump.

" 24. CHISHOLM.

Ox, 2 years, red and white, poley, No
brand.

" 24. STONE.

Heifer, 3 years, red and white, open
horns, off ear topped, O off shoulder,
DB off thigh.

" 24. WELLS.

Heifer, 3 years, black and white, hoop
horns, off ear topped, O off shoulder,
MAB off ribs. T off rump.

" 24. WILSON.

Ox, 4 years, white, open horns, red
spots on neck, TC off rump.

" 25. GEORGE.

Ox, 4 years, red, white back, poley, No
brand.

" 25. GEORGE.

Bull, red and white, calf, No brand.

" 25. YOUNG.

Heifer, 3 years, black and white back,
small horns, O off shoulder, DB off
thigh.

" 25. CHISHOLM.

Ox, 2 years, brindle and white, poley,
No brand.

" 25. CHISHOLM.

Ox, 3 years, yellow and white, open
horns, No brand.

" 25. HOLMES.

Ox, 4 years, white, red ears, open horns,
No brand.

" 25. DAY.

Cow, 5 years, red, open horns, white
belly, [...] off rump.

" 25. ANDREWS.

Heifer, 3 years, white, red neck, one
horn, off ear topped, O off
shoulder, MAB off ribs.