✨ Provincial Government Correspondence
Auckland Provincial Government Gazette.
PUBLISHED BY AUTHORITY.
VOL. XXV.] MONDAY, JULY 31, 1876. [No. 31.
Superintendent’s Office,
Auckland, 19th July, 1876.
THE following Correspondence in continuation of that which was published in Gazette No. 23, dated 10th June ultimo, is published by direction of His Honour the Superintendent for general information.
VINCENT E. RICE,
For the Provincial Secretary.
Colonial Secretary’s Office,
Wellington, 20th June, 1876.
Sir,—
Your Honor’s letter of the 27th May to the Governor has been submitted by His Excellency to Ministers; and I have the honor, with Lord Normanby’s approval, to return you the following reply to it.
I am to remind your Honor that the conduct of Her Majesty’s Executive in the Colony is amenable to the deliberation and action of the Assembly, and that it is inexpedient to discuss their proceedings with you.
The subject of the sale of the Piako Swamp has been under the consideration of the Assembly, and your Honor amply exercised your right, as a Member of the House of Representatives, of commenting upon it. The Governor thinks it altogether unnecessary to discuss the question with your Honor.
Regarding your request to take legal proceedings, the nature of your Honor’s desire is not clear... If you wish to sue the Crown for injury sustained by any persons in the Province of Auckland, permission will be given if you show the Government clearly what you desire, and that you do not purpose to wantonly waste the revenues of the Province, or subject it to liabilities for expenditure of a doubtful character; on, if your Honor is prepared to hold the Province harmless of cost, permission to sue the Crown will be given you without such conditions.
I have, &c.,
DANIEL POLLEN.
His Honor the Superintendent of Auckland,
Wellington.
Wellington, 3rd July, 1876.
My LORD,—
I have the honour to acknowledge the receipt of a letter from the Honourable Daniel Pollen, the Colonial Secretary of this Colony, dated the 20th ultimo, acknowledging receipt of a letter addressed by me to Your Excellency, and stating that the reply sent has been forwarded with Your Excellency’s approval.
In reply, I would most respectfully beg to state that I have no desire, either as Superintendent of the Province of Auckland, or in my individual capacity, to petition or sue the Crown for redress.
I do desire, however, to test the legality and validity of the sale of the Piako Swamp land, and before I can do this I must, I am advised, have permission to use the name of Her Majesty in a proceeding known as scire facias. This, I may state, I am advised, is the only and the proper method of testing whether the sale which I have mentioned is in accordance with law or not. As the proceeding is not an unknown one, as permission to take such a course in England and the other Colonies almost always granted on application, I feel assured that Your Excellency will not refuse me the opportunity of testing the legality of such a transaction. I may be permitted to add that I shall guarantee that the
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Auckland Provincial Gazette 1876, No 31
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Correspondence on Piako Swamp Sale
(continued from previous page)
🏘️ Provincial & Local Government19 July 1876
Piako Swamp, Land Sale, Legal Proceedings, Colonial Secretary, Auckland Province
- Vincent E. Rice, For the Provincial Secretary
- Daniel Pollen, Colonial Secretary