by the Provincial Council copy of a letter ad-
dressed to him by the Provincial Law Officer.
With reference to the subject therein men-
tioned, the Superintendent informs the Provin-
cial Council that, on the 20th January ultimo,
a letter (copy of which, marked b., is annexed)
was received from Daniel Pollen, Esq., one of
the representatives for the Suburbs of Auckland,
intimating that he had resigned his seat in the
Provincial Council for that district. Whereup-
on, in accordance with the provisions of clause
12 of the Constitution Act, the Superintend-
ent forthwith issued a writ for the election of a
new member to serve in the place so vacated.
Finding, however, that a question has arisen
respecting the vacant seat, the Superintendent
refers that question to the Provincial Council
for its determination.

J. WILLIAMSON,
Superintendent.

Superintendent's Office,-
Auckland, 3rd February 1857.

b. Auckland, 2nd February, 1857.
SIR,-I have the honor to bring under your
notice the fact that the Provincial Council
have, by a vote passed on Friday last, deter-
mined that Mr. David Graham is a member of
the Council elected for the Suburbs of Auck-
land. As I am of opinion that Mr. Graham
has not any right to sit and vote in the Provin-
cial Council, I beg to suggest to you the pro-
priety of again bringing the question before
the Council by a Message, referring the ques-
tion of the vacancy caused by the resignation of
Dr. Pollen, for determination under the 11th
clause of the Constitution Act.
I have, &c.,
FREDK. W. MERRIMAN,
Provincial Law Officer,
His Honor the Superintendent.

b. Auckland, Jan. 20th, 1857.
SIR,-I have the honor to intimate that I
this day resign my seat in the Provincial
Council for the District of the Suburbs of Auck-
land.
I have, &c.,
DANTEL POLLEN.
His Honor
the Superintendent.

B.
On the motion of Mr. Merriman the enclo-
sure to Message No. 41 was read by the Clerk.
The Council proceeded to consider his Ho-
nor's Message No. 41.
Mr. Merriman moved the following resolution
-That the Council having proceeded to consi-
der the Superintendent's Message No. 41., res-
pecting a vacancy which lately occurred in the
Provincial Council by the resignation of Daniel
Pollen the Representative returned for
the Suburbs of Auckland on 3rd
December last, and the issue of a new
writ in consequence of such resigna-
tion, hereby determines that such resignation
was in accordance with the provisions of the
Constitution Act, and that thereupon a seat in
the Provincial Council became vacant, and that
new writ for the election of a member for
122
the Suburbs was legally issued, and that the re-
solution passed by the Council on Friday last
that Mr. D. Graham is a member of the Council
for the Suburbs of Auckland, is hereby repeal-
ed.

The Speaker, on a point of order raised
by Mr. Carleton, ruled that the resolution could
not be put without notice previously given.
Mr. Merriman moved that standing order
No. 31 be suspended for the purpose of moving
the resolution without notice.
Question put, that standing order No. 31 be
suspended.
Discussion ensued.
Motion for the suspension of standing order
No. 31 carried.

Mr. Merriman, as a preliminary step
towards moving the resolution which he had
been prohibited from moving prior to the
suspension of standing order No. 31, now
moved that the resolution adopted by the Council
at the last meeting determining that David
Graham is a member of this Council, be read by
the Clerk.
The Speaker ruled that he could not put
any resolution which would have the effect of
rescinding the resolution referred to by Mr.
Merriman.
Mr. Merriman, appealing to the Speaker,
wished to be informed whether the reading of
the resolution would have the effect of rescind-
ing it.
The Speaker stated that he had not under-
stood Mr. Merriman's motion to be confined to
the mere reading of the resolution, and ex-
pressed his willingness to put the resolution in
that form.
Mr. Merriman respectfully declined the
proposition, as the Speaker had already decided
on the question which that resolution was
intended to bring before the Council.
Mr. Merriman moved, and Mr. Buckland
seconded, the following resolution, which the
Speaker declined to put,-That the Council
having proceeded to consider the Superinten-
dent's Message No. 41, respecting a vacancy
which lately occurred in the Provincial Council
by the resignation of Daniel Pollen, the
representative returned for the Suburbs of
Auckland on the 3rd December last, and the
issue of a new writ in consequence of such
resignation, hereby determines that such
resignation was in accordance with the provisions
of the Constitution Act.

C. Auckland, July 16th, 1857.
To His Honor the Superintendent.
SIR,-I herewith resign my seat in the
Auckland Provincial Council.
I have, &c.
WILLIAM C. DALDY.

C. Auckland, July 16th, 1857.
SIR,-I have the honor to inform you that
I this day resign my seat in the Provincial