municating the fact of their resignations, that
the resignations just received by you are those
of these gentlemen.

Whilst; therefore, it appears that the sole
ground assigned by your Honor for a Dissolu-
tion of the Provincial Council was the existence
of the technical difficulty above referred to, it
further appears that both claimants of the con-
tested seat have now surrendered their rights
to it and that the difficulty is at an end.

As the decision of the Governor in Council
to accede to your request for a dissolution was
based on no other ground than that which was
assigned by yourself, and has been taken away
by the resignations you have received, it is im-
possible now to act upon that decision. Should
your Honor, however, desire that the question
of a dissolution of the Provincial Council be
again submitted to his Excellency in Council,
your wish shall be complied with. At the same
time, I think it proper to observe that only very
cogent reasons would be deemed to justify the
Government in putting any Province, at so short
an interval, to the expense and other serious in-
conveniences of a general election.

As regards the form of the Writ, which under
present circumstances it has become your duty
to issue, I would suggest that any recital which
the Writ may contain should be couched in
general terms, or that a form similar to that
now in use by the General Government, copy
of which is enclosed, should be employed by
your Honor on this occasion.

I have the honour to be,
Sir,

Your Honor's most obedient servant,
E. W. STAFFORD

His Honor the Superintendent,
Auckland.

COPY OF WRIT.

To
Governor and Commander-in-
Chief in and over the Islands
of New Zealand, &c., &c.

Returning Officer for the
Esquire,

GREETING:

WHEREAS it is necessary that an
élection of Member of the Provincial
Council of the Province of
shall take place. Now therefore, I, the said
Governor, pursuant to the authority enabling
me in that behalf, do hereby require and com-
mand you to cause to be elected by the Voters
duly qualified for that purpose, freely and in-
differently and in manner and form by law pre-
scribed legally qualified person to serve
as Member of the said Provincial Council for
the

And I do hereby further require and com-
mand that you cause the Election of the said
Member to be made on such day as to yourself
shall seem most convenient for that purpose, but
so as nevertheless this Writ may be returnable

120

within
days from the date of the
issue hereof.

Issued this
day of
in the year of our Lord one thousand
eight hundred and fifty-

In witness whereof I have caused the Public
Seal of the Islands of New Zealand to be
hereunto annexed.

Governor.

Superintendent's Office,
Auckland, July 1st, 1857.

SIR, I have the honor to acknowledge the
receipt of your letter, of date July 18th inst.,
in which, in reply to my request that you would
inform me at what period His Excellency will
be pleased to dissolve the Provincial Council,
you state that the ground upon which the de-
cision of the Governor in Council to accede to
my request for a dissolution was based, having
been taken away by the resignation of their
seats in the Council by Mr. David Graham and
Mr. Daldy, it is impossible now to act upon
that decision. You add, that should I desire
that the question of a dissolution of the Pro-
vincial Council be again submitted to His Ex-
cellency in Council, my wish shall be complied
with; and you suggest that any recital which
the writ which it has now become my duty to
issue may contain, should be couched in gene-
ral terms, or that a form similar to that now in
use by the General Government should be em-
ployed by me on this occasion.

It has now become necessary that I should
set out, for your information, in greater detail,
the circumstances under which Mr. David
Graham obtained a seat in the Auckland Pro-
vincial Council, and the occurrences which, con-
sequent upon that event, necessitated the pro-
rogation of the Council.

On the 30th January ult., the Provincial
Council, on motion by Mr. Joseph May,
adopted the following resolution :-

"That as the petitioner, David Graham, has
"been placed in a majority by the Report of
"the Select Committee appointed to report
"upon the disputed election for the Suburbs,
"the petitioner ought, therefore, to be the
"sitting Member; and that this Council do
"hereby determine that David Graham is a
"Member of this Council, elected for the
"Suburbs of Auckland."

This resolution was carried by the casting
vote of the Speaker.

On the 3rd February following, the Message
No. 41, with its enclosures (copy annexed
marked A), was transmitted to the Council;
and with reference to this Message, I beg leave
to direct your attention to an extract from the
Votes and Proceedings of the Provincial
Council (marked B), forwarded herewith.

On the 4th February a writ was returned to
this office bearing the following indorsement:-

"I do hereby declare that the undermen-
"tioned gentleman has been duly elected to serve