Chap. XII. COL. WAKEFIELD'S VISIT TO AUCKLAND. 313 
from Auckland in the same little schooner in which he 
had gone thither. He had been 24 days getting to 
the capital, as a gale of wind had compelled them to 
heave-to for twelve days off the East Cape. He had 
spent nearly a month at Auckland, and was twelve 
days in returning. He brought word that the Acting 
Governor would shortly follow in the colonial brig 
with Mr. Spain ; but they were to call at Tauranga, 
in the Bay of Plenty, to settle some dispute with the 
natives. Colonel Wakefield had left them to follow, 
as he was anxious to reach Wellington in time to bring 
the opinion of the Law-officers of the Crown as to a 
question of the utmost importance to the Municipal 
Council. 
The Ordinance provided that the election should 
take place every year on the 5th of December. But 
the first election at Wellington had been appointed to 
take place, and had accordingly taken place, on the 
3rd of October last. It remained undecided whether 
it was necessary to have a fresh election on the 5th of 
December of this year, or whether the election of 
October would hold good until December 1843. The 
majority of the Council themselves passed a resolution 
in favour of the latter opinion. Colonel Wakefield 
had come one day too late to inform them that the 
Attorney-General at Auckland was of a contrary 
opinion, but stated it to be a case for the decision of 
the Supreme Court. The Council determined to remain 
in the performance of their duties until this decision 
could be obtained at the next circuit of Judge Martin 
in May. For if the Attorney General's opinion should 
prove correct, an Act of the Legislative Council would 
become necessary to amend the omission of the election 
on the 5th, and the Legislative Council could not be 
assembled until the arrival of a new Governor at an 
indefinite period. 
