tendent, with the advice and consent of the Executive Council, by proclamation in the Provincial Government Gazette, to define the limits of the jurisdiction of the said Board, and such limits to revoke and alter as occasion shall require.’ This Bill was not assented to by the Governor, and one of the objections to it was thus stated by the Attorney-General--’The 6th section is ultra vires. The Provincial Legislature cannot limit or extend enactments of the General Assembly. This section does both; it requires the advice and consent of the Provincial Executive to an Act which the Colonial Act declares shall be done by the Superintendent alone, and it gives a power of alteration and revocation which is not authorised by that Act.’ The assertion, then, that the powers of administration have been given by the Provincial Government Ordinance, would amount to a claim on behalf of the Provincial Council for legislative powers superior to those of the Imperial or Colonial Parliaments. The provincial legislation conveys ample powers to the Superintendent and Executive, to be exercised conjointly; but the Superintendent, either acting alone or with the Executive, can exercise large administrative powers conferred by authority which, in its relations to the Provincial Legislature, is not exceptional, but fundamental.

“No Act of the Council can absolve the Superintendent from responsibility, for the exercise of powers conferred on him by an authority above that of the Council, neither can it authorise him to devolve their exercise to others when they have been conferred on him alone. The Superintendent trusts that in the foregoing remarks he has made it appear that some satisfactory reasons can be adduced for the opinion which he hazarded in the memorandum with reference to the substantial meaning of the note, and which is quoted in paragraph 10, of the reply accompanied with an expression of dissent.

“In paragraph 12 of the reply, it is stated that ‘As regards administration the Constitution Act is silent; that matter, as will be seen by Sir John Pakington’s despatch accompanying the Act, was intended to be left to the Superintendent and Provincial Council to regulate by Ordinance.’ It has been shown above that as regards administration the Constitution Act is not silent, it makes some very definite provisions. Sir John Pakington in his despatch, 16th July, 1852. (Constitution Act, page 57), says in section 9, ‘Nor have provisions been inserted giving Executive authority of any kind to Superintendents; this is a point on which Her Majesty’s Government did not feel that they had sufficient information to adopt any definite course, while the general prerogative of the Crown and the power of the general and local Legislatures seemed amply sufficient to provide whatever might be ultimately deemed advisable.’

“This passage cannot be construed to mean that the administration ‘was intended to be left to the Superintendent and Provincial Council to regulate by Ordinance.’ And after perusing the despatch the Superintendent has been unable to find a passage which can be so construed; but one occurs in the succeeding section which definitely states the source from whence the Executive powers were to emanate, and the intention therein expressed does not harmonise with the assertion contained in paragraph 12 of the reply above quoted.

“Sir John Pakington goes on to say in section 10, ‘It is, however, my wish that any such Executive powers as may be found necessary in order to carry on the functions of Government in the respective settlements may be entrusted to those officers. This may be done by your own authority as representing the Crown, or by Act of the Central Legislature as the case may require.’

“The Superintendent cannot avoid noticing that through a part of the reply there seems to be an undercurrent of assumption, indicated rather than expressed, that the Superintendent desires to conduct the affairs of the Province without the aid of an Executive Council—the nature of the administration since a Government was first formed in Southland does not appear to give much countenance to such an idea. The Council will remember that when the election took place on the 3rd of August, 1861, the following clause of the New Provinces Act was in operation, namely—Section 4, ‘All laws in force within any Province of which any new Province established under this Act may have formed a part, shall, subject to the provisions of this Act, and to the alteration or repeal of such laws by the Provincial Legislature of such new Province, continue in force within such new Province so far as the same are applicable: Provided always that until such alteration or repeal, all powers by any such laws vested in the Superintendent of such original province either solely, or with the advice, or the advice and consent of the Executive Council of such original Province, shall, within such new Province, become vested in the Superintendent thereof.’