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that the Bill is withheld from receiving the assent of the Governor will become void, and it will be transmitted in the usual way as a reserved Bill.

I enclose a copy of it for your further information.

I have, &c.,
J. A. R. Menzies,
Superintendent.

The Hon. the Colonial Secretary,
Auckland.

Superintendent’s Office,
Southland, 15th March, 1864.

SIR,—I have the honour to enclose a petition adopted by the Provincial Council on the day of its prorogation, the 12th inst.; it prays that, in the event of the Representation Bill being assented to, the Council should be dissolved at such a time as will permit the new elections to be held early in October.

The prayer of the petition is quite consistent with the action of the Council during the session—the Representation Bill was brought in (by a private member) with the express intention of providing for an immediate dissolution. I proposed as an amendment that the Bill should not come into operation until 1st October; when the new Electoral Rolls would also come into force; this the Council rejected. It also resolved that the supplies should be voted only to 30th June, on the ground that a new Council would be elected by that time under the provisions of the Representation Ordinance, a hostile vote which at once caused the resignation of the Executive. The petition substantially agrees with the provisions of the amendment to the Bill named above, and, if that had been adopted, I should have willingly concurred in the desire of the petitioners. I believe however that provision for increased representation should be made before the dissolution of the Council.

I have also the honour to enclose a resolution of the Council on the same subject passed on the 11th inst.

I have, &c.,
J. A. R. Menzies,
Superintendent.

The Hon. the Colonial Secretary,
Auckland.

Colonial Secretary’s Office,
Auckland, 2nd May, 1864.

SIR,—I have to acknowledge the receipt of your Honor’s two letters of the 14th and 15th March respectively, on the subject of a Bill entitled “The Representation Ordinance,” which had been passed by the Provincial Council of Southland, but which had not been reserved by your Honor for the signification of the Governor’s pleasure thereon.

The legal question which your Honor raises as to the action of a Superintendent in the opinion of the Honorable the Attorney-General, free from doubt and difficulty; but the inclination of his opinion is, that the new “Provinces Act” overrides the “Electoral Act,” and that the Superintendent may withhold the Governor’s assent.

It is, however, clear that the intention of the Legislature was that Bills passed under the “Provincial Elections Act, 1858,” should be reserved for the signification of the Governor’s pleasure thereon, and the proper course to pursue will be for the Governor to issue an instruction to the Superintendents of new Provinces to reserve such Bills for the signification of the Governor’s pleasure thereon.

This course, which will give effect to the intention of the Legislature, and clear away any difficulty of interpretation, will be adopted, and, in the meantime, I am to request your Honor to be good enough to transmit the Bill in question in the usual manner for the consideration of the Governor.

I have to request your Honor to be good enough to inform the Provincial Council, in reply to the petition transmitted in your Honor’s letter of the 15th March last, to the above effect.

I have, &c.,
William Fox.

His Honor the Superintendent,
Southland.

Superintendent’s Office,
Southland, 21st May, 1864.

SIR,—I have the honour to acknowledge the receipt of your letter of 2nd inst., in which you communicate the opinion of the Hon. the Attorney-General, with reference to the withholding of the assent of His Excellency the Governor to the “Representation Bill,” passed by the Provincial Council of Southland in its last session, that the general provisions contained in the “New Provinces Act,” regarding Electoral Bills, override the specific provisions contained in anterior Acts, an opinion which coincides with the view I entertained when the assent to it of His Excellency the Governor was declared to be withheld.

In conformity with your desire, I now transmit the Bill referred to. As explained in my letters, to which you refer, my object in withholding assent to this bill, was