PROCLAMATION.

By JAMES A. R. MENZIES, Esquire,
Superintendent of the Province of Southland.

In pursuance of the provisions of the "Provincial Reserved Bills Act, 1858," section 2, I hereby notify that the Ordinance passed by the Provincial Legislature of the Province of Southland, entitled the "Appropriation Ordinance, No. 3, 1864," has been laid before His Excellency the Governor, and that His Excellency has assented to the same.

Given under my hand, and issued under the Public Seal of this Province of Southland, this twenty-first day of May, eighteen hundred and sixty-four.

J. A. R. MENZIES,
Superintendent.

INVERCARGILL TOWN BOARD.

ELECTION OF THREE MEMBERS.

In pursuance of the provisions of the "Town Board Ordinance, 1863," I, the Superintendent of the Province of Southland, do hereby appoint the Electors entitled to vote for Members for the Town of Invercargill, in the Provincial Council of Southland, to assemble upon Monday, the sixth day of June, in the office of the said Board, for the purpose of electing three legally qualified persons who shall be Members of the Town Board under the provisions of the Ordinance aforesaid, in the room of

William H. CALDER, Esq.;
Samuel BEAVAN, Esq.;
and
C. H. REYNOLDS, Esq.,

whose seats are vacant under the provisions of the Ordinance aforesaid: And I hereby appoint John Hare, Esq., of Invercargill, Returning Officer, to preside at the said meeting; and in the event of a Poll being demanded, I hereby appoint the polling to take place in the office of the said Board, on Tuesday, the seventh day of June, 1864.

J. A. R. MENZIES,
Superintendent.

Superintendent’s Office,
Southland, May 20th, 1864.

The following correspondence is published for general information.

By order,
W. H. AYLMER,
Clerk to Superintendent.

Superintendent’s Office,
Southland, 23rd May, 1864.

Superintendent’s Office,
Southland, 14th March, 1864.

SIR,—During the sitting of the Provincial Council in its late session, it passed a Bill entitled the "Representation Ordinance," which appeared to me to be open to serious objection, and therefore a message was sent to the Council recommending an amendment—a copy of which is enclosed—the adoption of which would preclude the possibility of a new election taking place until those persons who are now registering their claims were in a position to exercise the franchise after 1st October. The amendment was rejected, and, as I regarded the alteration proposed therein of much importance, I withheld the assent of the Governor from the Bill. On further consideration, however, and after consulting with the Provincial Solicitor, it appears to me that there is some doubt whether it is competent to withhold a Bill dealing with electoral matters, and as I am not aware that a case of a similar nature has as yet occurred in New Zealand, I have the honour to request that the case will be submitted to the Hon. the Attorney General for his opinion.

The provisions in the latter part of section 27 of the Constitution Act, and the 1st and 12th sections of the "Provincial Elections Act, 1858," would appear to deal conclusively with this subject and forbid all action by a Superintendent, when dealing with a Bill affecting electoral matters—other than the reservation of the Bill for the Governor’s assent.

The provisions alluded to above are specific. On the other hand a later Act of 1858—the "New Provinces Act"—in section 12 gives general powers to a Superintendent to reserve for or withhold from the assent of the Governor, all Bills without exception—there is no saving clause in the Act with reference to Bills of any particular class.

The question then is—Do the general powers given by the "New Provinces Act" overrule specific provisions contained in earlier Acts?

I look forward with much interest for the reply of the Attorney General. In case he should be of opinion that the specific provisions are not overruled by the general one, then the declaration;