Parliamentary Papers.

Hawke's Bay Times, Volume 8, Issue 395, 19 July 1866, Page 4

Parliamentary Papers.

PAPERS EELATIYE TO THE DISALLOWANCE OF PROVINCIAL BILLS. PROVINCE OP HAWKE’S BAY. HIS HONOR D, MtLEAN TO THE HON. E. W. STAEI'OHD. » Superintendent’s Office, Napier, July 11, 1865. Sir, —I have the honor to transmit two copies of the “ Publican’s Licensing Amendment Ordinance,” passed last session of the Provincial Council of Hawke’s Bay. which I have duly reserved lor the signification of his Excellency the Governor’s assent thereto. I have, &c., Donald M'Lean, Superintendent. The Hon. the Colonial Secretary, Wellington. THE HON. J. C. RICHMOND TO HIS HONOR D. iI'LEAN. Colonial Secretary’s Office, Wellington, 21st August, 1865. Sir, —I have to acknowledge your Honor’s letter of the 11th-ult., transmitting copies of the “ Publicans’ Licensing Amendment Ordinance,” passed during last sesssion of the Provincial Council of Hawke’s Bay, and re served by your Honor for the signification of the pleasure of his Excellency the Governor thereon. This Bill appears to be very unartificially drawn, and to contain several mistakes. For instance, the date is stated to be the 2Tth instead of the 28th year of her Majesty’s rbigu. No year at all is stated in the short title of the Bill. There appears also to be a confusion in the terms “ Ordinance” and “Act,” which are used interchangeably, and the meaning of the third clause is obscure. The Bill should, I think, be re-drafted in clear language, and again passed in Provincial Council before his Excellency can be advised to assent to it. His Excellency has been advised to withhold his assent to the present Bill. 1 have, &c., J. C. Richmond. His Honor the Superintendent, Napier. HIS HONOR D. M'LEAN TO THE HON d. C. RICHMOND Superintendent’s Office, Napier, October 5, 1805. Sir, —I have the honor to transmit herewith two copies of Acts as per margin,* passed by the Provincial Council of Hawke’s Bay during the past session, and hope bis Excellency will be pleased to assent to the same. Donald M‘Lean, Superintendent. The Hon. the Colonial Secretary. * Diversion of Roads Act Sheep and Scab Amendment Act Representation Act Appropriation Act Drainage Act.

THE HON. E. W. STAFTOIffi TO HIS HONGS D. iI'IEAK. Colouial Secretary’s Office, Wellington, 16th November, 1865, Sin—l have to acknowledge receipt of your Honor’s letter of the sth ult., transmitting five Bills passed by the Provincial Council of Hawke’s Bay, and reserved by your Honor for the signification of the Governor’s pleasure. I return the Appropriation Act, with the Governor’s assent noted thereon. The Governor’s assent has been withheld from the Bill intituled “ The Representation Act of the Province of Hawke’s Bay, 1865,” as there were grave legal objections which prevented me from advising his Excellency’s assent to be given to that Bill. The Provincial Representation Act for Hawke’s Bay- now in force, under which the present members of the Provincial Council were elected, will be repealed immediately on the publication of the Governor’s assent to the Bill in question. : The tenth clause, providing when the .Act is to come in force, is unnecessary, as it is already provided by law that Provincial Reserved Bills shall not have any force until the Superintendent shall have signified, by Speech or Message in the Council, or by Proclamation in the Gazette, that such assent has been given. The 6th, 7th, and Bth clauses* ought not to appear in the Bill. If their provisions are different, as Ahey would seem to be, from those contained in the Provincial Elections Act, 1858, they are invalid ; if they are the same in effect, they are unnecessary. These clauses provide for the preparation of rolls as soon as practicable after the passing of the Act. The Provincial Elections Act, 1858, provides that the rolls shall be prepared annually, immediately after the completion of the Electoral Rolls for the House of Representatives. The Provincial Legislature of Hawke’s Bay is not competent to alter that provision.

The Electoral Rolls for Provincial Elections are now made up, and new rolls cannot be made till September next. The utmost difficulty and confusion would therefore arise if this Bill became law, and a dissolution were to take place before the new rolls are made up.

With respect to the “ Diversion of Roads Act, 1865,” I would suggest to your Honor that in future the description and boundaries of the land upon which the new road is to be taken, should be expressed in schedules to the Bill, and that the plan should not form part of the Bill. The delineation of a plan is not like the print of words. The print cannot be tampered with or altered, but the copies of plans annexed to copies of an Act, might be altered and turned to improper uses. The usual course is to refer to a map or plan deposited in some public office, as the Survey Office, or Superintendent’s Office. j I would further suggest that there ought to be provisions by which certain notices should be given prior to the diversion, in-order that persons objecting may lodge their objections, and then power be given to the Superintendent to close' the road, or otherwise, after hearing the objections. A road ought not to be stopped up. except after hearing- the objections, if any should be made, of persons interested. It is probable ■ that, in the present instance, there may be no objection; the public, however, should be made, aware beforehand, of what is intended.

I would also draw your Honor’s attention to some objections which exist to the "Sheep and Scab Amendment Act, 1865.” The Bill in its preamble, refers to the title.. This is improper, the title not being part of. a Bill. The provision in the second clause,- whereby a payment of 2s 6d per head is imposed on all sheep landed, is similar to an import duty; it is invalid, inasmuch as Provincial Legislatures cannot impose such duties. If it is merely intended as payment to the Inspector for discharge of his duties, it should be so expressed. The payment at present is made on all sheep landed, not on all sheep inspected, and the- payment seems an exorbitant one for the inspection of sheep. In the "Diseased Cattle Act, 1861,” the payment provided is on all cattle inspected, and is limited to 2s 6d per head on cattle, and is not to exceed £lO, whatever thenum* her.

There are also serious objections to the “ Hawke’s Bay Drainage Act, 1865. ” I am advised that it is doubtful whether the provisions contained in the Bill for settlement of disputes, and compensation by arbi tration, are hot beyond tile powers of a Provincial Legislature, as the tribunal proposed to be established would probably be a Court of Civil Judicature within the meaning of the second sub-section of the 19th section of the Constitution Act. The administration of an

oath by the arbitrators, and other provisions, show that tue tribunal is not in the nature of a Court of Justice.. The 14th section does not limit the amount recoverable to the amount within the jurisdiction of the Court. Other Provincial Bills of a similar character have been assented to, and until' some competent tribunal has declared them invalid, i. do not think it necessary to do more in this case than to call your Honor’s attention to the doubt existing. I have postponed advising his Excellency on the subject of the three last-named Bills, “ 'Phe Diversion of Roads Act, 1865,” the “ Sheep and Scab Amendment Act, 1865,” and the “Hawke’s Bay Drainage Act,1865!” Until your Honor has had an opportunity of considering the remarks which I have made with respect to them, I do not think it advisable that in their present shape they should be assented to; but if your Honor believes that any special circumstance renders it advisable that any of those Bills should be assented to, and will inform me to that effect before the 9th January next, his Excellency will be advised to give assent. I have, &c,, - E. W. Stafford. His Honor the Superintendent, Napier. HIS HONOR D. SI'LEAN TO THE HON. E. W. STAFFORD. Superintendent’s Office, Napier,. January 6, 1866. Sir, —With reference to your letter of the 18th November, I have the honor to observe that with respect to the three Acts therein referred to, viz.;— 1. The Diversion of Roads Act, 1865 ; 2. The Sheep and Scab Amendment Act 1865. 3. The Hawke’s Bay Drainage Act, 1865, There are special circumstances that in my opinion render it advisable that the consent of his Excellency the Governor should be given to thorn. With reference to the Ist and 3rd of the Acts named, I should state that subject to certain trifling amendments (since made) these Acts were approved by the Government lately in power. The diversion proposed by the Ist Act has actually been made.. For the 2nd Act there is pressing necessity, as from time to time sheep are being imported into the Province, and it is proper that the provisions of this Act should be iu force. As to the 3rd Act, I believe that upon that being assented to, advantage will be taken of its provisions for commencing drainage works hitherto delayed for the want of the necessary powers to carry them out. I abstain from any discussion of the different objections comprised in your letter. I am advised that similar powers are contained in various Provincial Acts to which the Governor’s assent has been from time to time given, and such assent has hitherto been considered as establishing a precedent for Acts of a similar nature. I have, &c., Donald M‘Lean, Superintendent. The Hon. the Colonial Secretary. THE HON. E. W. STAFFORD TO HIS HONOR D, M'IEAN. Colonial Secretary’s Office, . - Wellington, 15th January, 1866. Sir, —With reference to your Honor’s letter of the 6th inst., I have the honor to inform you that the following Acts referred to therein, viz.: The Diversion of Roads Act, 1865; Sheep and Scab Amendment Act, 1865 ; Hawke’s Bay Drainage Act, Act, 1865 • Having been laid before the Governor, his Excellency has been pleased to assent to the same, and I return you herewith one of each of the Acts in question with such assent duly noted thereon. I have, &c., E. W. Stafford. His Honor the Superintendent, Hawke’s Bay.