30

charges of "mis-statements and implications." Such charges will be the subject of enquiry at the fitting time and place. I have now simply to acquaint the Government that although my own opinion as to the validity of the appointments is unchanged, yet I cannot continue to allow the gentlemen holding them to incur any risks which the weight of the Crown's law adviser is employed to aggravate. And even although willing to act in all matters in concert with the General Government, I must decline to do so with a Government whose policy seems to be to watch the Provincial Government making what what it believes to be a grave mistake and one involving the most serious consequences to the whole community, and await the result with indifference.

I beg, therefore to inform you that I have called upon Mr. Hall and Mr. Brittan to resign their offices, guaranteeing them against all actions for the past, and that after the present month no expences of any kind whatsoever will be paid by this Government on behalf of Resident Magistrates' Courts.

I have the honor to be, Sir,
Your very obedient servant,
(Signed)
JAMES EDWARD FITZ GERALD,
Superintendent of Canterbury.

Provincial Secretary's Office,
Christchurch 3rd March, 1857.

SIR,—

I am directed by his Honor the Superintendent to send you the enclosed copy of a despatch which his Honor has received from the Colonial Secretary, together with his Honor's reply.

[See previous letters of Feb. 11th and March 3rd.]

The Provincial Government will guarantee you against all consequences of your having acted as Resident Magistrate hitherto, but with the weight of the General Government against the validity of your appointment will not do so for the future. You will therefore deem it right to resign the appointment you hold under his Honor. I am further to acquaint you that no payment will be made by the Provincial Government on account of the Resident Magistrate's Court after this month.

I have the honor, &c.,
(Signed) RICHARD PACKER,
Provincial Secretary.

John Hall, Esq.
W. G. Brittan, Esq.

Resident Magistrate's-Office,
Lyttelton, 5th March, 1857.

SIR,—

I have the honor to acknowledge the receipt of your letter of the 3rd inst., transmitting copies of correspondence between the Colonial Secretary and his Honor the Superintendent, upon the subject of the appointment of Resident Magistrates in this Province, and conveying to me the opinion of his Honor that it would be right that I should resign the appointment of Resident Magistrate. In compliance with this letter I beg respectfully to tender to his Honor my resignation of the office in question. While acknowledging that the course which his Excellency's Government has in this case thought it right to pursue, leaves neither to the Provincial Government nor to myself any other alternative than the one now adopted. I must express in the strongest manner my sense of the inconvenience and injury to which it cannot fail to expose the public of this district. With a view of mitigating this inconvenience as far as possible, I shall be prepared, if the Provincial Government desire it, to continue to perform such of the routine duties of this office as I can discharge without subjecting myself to the consequences of acting without legal authority. I shall also be ready to sit as a magistrate in Lyttelton, when, for the purpose of constituting a Court, the services of another Justice of the Peace can be obtained. I fear, however, that on many occasions this will be a matter of great difficulty, as although the names of ten gentlemen were added to the Commission of the Peace so long ago as the 20th Dec. last, no documents have yet been received which will enable them to undertake the duties of their office.

I beg leave also to point out that the exercise of the extended jurisdiction of the Resident Magistrate's Court in the Province ceases altogether, and that