J. Macandrew,

Superintendent of the
Province of Otago.

Amendment Act, as recommended by you, has passed, and may now be taken advantage of by those who are desirous of protecting their property against floods.

You will, no doubt, concur with me in regretting that your resolution to raise a loan, £650,000, for certain public purposes, did not receive the sanction of the Colonial Legislature. Of this loan it will be recollected it was proposed to spend £400,000 on the Southern Trunk Railway; £100,000 on Water Supply of Gold Fields; £50,000 on Immigration; and £100,000 on Waitaki Bridge. The Colonial Government has obtained power to provide for all those objects out of the General Colonial Loan.

I consider it a matter of regret, however, that these works were not left under the control of the Provincial Council, persuaded as I am that they could have been carried out more satisfactorily to the Districts within which they are to be executed, and with greater economy of administration, than can possibly be done under the Colonial Executive. I regret to add that the other important works which were to be effected out of the Loan—viz.,

Embankment of rivers ... £50,000
Oamaru Dock ... 20,000
Kakanui Harbour ... 6,000
Waikouaiti Wharf ... 8,000
Shag River Bridge ... 4,000
Lower Mataura Bridge ... 2,000

have been entirely ignored.

As regards the Southern Trunk Railway, several overtures have been made for its construction. None of these, however, come strictly within the conditions upon which the Province is empowered to guarantee. The offer which appears to be otherwise the most eligible requires that the Provincial guarantee shall be for 30, instead of 15 years, which would involve an amended Ordinance; this it is stated by the Attorney-General, would be ultra vires, and would, therefore, in all probability, be disallowed. It is hoped that a suitable offer will yet be received. I confess that I should greatly prefer to see this work carried through by the Province.

I may state that the General Government has taken steps for the erection of a bridge across the Waitaki, also for surveying a line of railway between this bridge and Moeraki, and between Invercargill and Mataura, with a view of obtaining the sanction of the General Assembly at its next session for their construction.

It is to be hoped that we shall be able to continue our present system of Immigration, and to extend its advantages to the united Province. I look upon it that the united Provinces present a very large field for settlement, and that we shall grievously fail in our duty if the most vigorous steps are not taken towards the beneficial occupation of the territory by men and women. Indeed, it may be said that this is the most important function which, as a Province, is now left to us.

In conformity with your resolution of last session, Reserves were made of 3,000,000 acres of land as Endowments for Education, Clutha River Trust, Hospitals, and Lunatic Asylum. I regret to say, however, that in making application for Crown Grants in respect of those reserves, it is found by the law adviser of the Crown that, either our land regulations, the Governor has no power to issue the grants, excepting those for Educational purposes. It will be for you to consider whether we should endeavour to get the law altered in this respect.

Gentlemen,—I now declare the Council open for the despatch of business.

JAMES MACANDREW,
Superintendent.

ORDER IN COUNCIL.

At the Provincial Government Buildings, Dunedin, the eighth day of November, one thousand eight hundred and seventy.

Present:
His Honor the Superintendent,
Donald Reid, and
George Duncan, Esquires,
Members of the Executive Council of the Province of Otago, being also Members of the Provincial Council of the said Province.

WHEREAS Thomas Dick Esquire then Superintendent of the Province of Otago by virtue and in exercise of the powers delegated to and vested in him in that behalf did by Proclamation in the Government Gazette of the said Province bearing date the twenty-ninth day of January one thousand eight hundred and sixty-seven constitute and appoint all the territory therein described (including amongst other lands the lands described in the Schedule hereto) to be a Gold Field under the provisions of the “Gold Fields Act 1866” to be called the “Otago Gold Field”; And whereas by the “Gold Fields Act Amendment Act 1867” it is enacted that within any Province in which by any Act or Ordinance it is provided that the Superintendent shall in the administration of the government thereof act by and with the advice and consent of an Executive Council it shall be lawful for the Governor in Council under his hand and under the Public Seal of the Colony from time to time as occasion may require to delegate to the Executive Government for the time being of such Province subject or not to any restrictions or limitations as he shall think fit all or any of such powers vested in the Governor or the Governor in Council by the “Gold Fields Act 1866” as under or by virtue of the one hundred and ninth section of the said Act may be delegated by the Governor in Council and in like manner to revoke any such delegation: And whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Otago intituled the “Executive Council Ordinance 1861” it is provided that the Superintendent of the said Province shall in the administration of the government thereof act by and with the advice and consent of an Executive Council: And whereas the Governor hath with the advice and consent of the Executive Council of New Zealand and in pursuance of the power and authority for that purpose vested in him by the “Gold Fields Act 1866” and subject to its provisions delegated unto the Executive Government of the said Province of Otago all such powers vested in the Governor or the Governor in Council by the said last mentioned Act as under or by virtue of the one hundred and ninth section of the said last mentioned Act may be delegated by the Governor in Council to have hold and exercise the said powers within the said Province of Otago: And whereas by clause forty-nine of the “Gold Fields Act 1866” it is provided that if a Depasturing Lease or License shall not at the date of the passing of the said Act have been granted over any Crown Lands within a Gold Field it shall be lawful for the Governor from time to time to proclaim for sale or selection in sections of such size and form as he may determine and any lands so proclaimed may thereafter be sold at a like price and subject to the like terms and conditions or as near thereto as may be as Crown Lands of the same class not within a Gold Field and it shall not be necessary to withdraw lands from the operation of the said Act for the purposes aforesaid: And whereas at the date of the passing of the “Gold Fields Act 1866” all Depasturing Licenses hitherto existing over the Crown Lands specified in the Schedule hereto have been cancelled;