The Lyttelton Times.

Lyttelton Times, Volume X, Issue 600, 4 August 1858, Page 4

The Lyttelton Times.

Wednesday, August 4. By the Henry we have received fourteen more Acts of • the present session, which have received his Excellency's assent. These, with the twelve which we recently noticed, make twenty-six new laws passed and assented to. As many more were in different stages of progress when the last mail left Auckland. It will soon he difficult to follow the course of New Zealand legislation. While it is still possible, let us endeavour to draw attention to its leading* features. No. 13. TJie Special Partnerships Act is intended to encourage the formation of companies to prosecute enterprises that require combination. The want of some such Act has been much felt, and Auckland and Wellington had already passed Provincial laws authorising* special partnerships. These ordinances are repealed by the present Act, and one uniform law is passed for the whole colony. Special Partnerships may be formed for transacting* every kind of business except banking and insurance. There may be general and special partners. The former to transact the business and to be jointly and severally liable; the latter to contribute specified sums to the business^ beyond which sums they will not be responsible for any debts of the firm. The name of a special partner must not appear in the transaction of business, under pain of his being made liable as a general partner. The general partners only to sue and be sued. The partnership to be entered • into only for seven years, but may be renewed. None of the capital subscribed may be withdrawn from the business during term of partnership. Before commencing* business all the partners must sign certificate stating the names of the partners, the amount each contributes, and the general nature of the business; and such certificate must be published in the Gazette and the local papers, besides being registered in the Supreme Court. The same forms must be gone through on a dissolution of partnership before the time specified. The 14th clause makes fraud on- the part of a partner punishable as a misdemeanour by fine and imprisonment. Other clauses provide for the'keeping of proper accounts. No 14. The Foreign Seamen's Act is intended to give the same facilities to prevent desertion or misconduct of seamen in foreign ships, as exist in the case of English vessels. Much inconvenience has been experienced by masters of foreign ships visiting* our coasts for want of such a law. Auckland and Wellington had legislated on the subject. As in, the case of the Special Partnerships' Act, the General Assembly has repealed the local ordinances and made the law uniform r throughout New Zealand. The provisions' of this Act appear to be much the same as those of the law relating to English seamen. It is not, however, to be enforced except by desire of the consul or other proper officer acting for nations to.which', foreign ships may belong. Notice is to be given in New Zealand Government Gazette when the law is to "be enforced in th© case of seamen of any nation. No. 15. The New Zealand Post Office Act contains 67 clauses. It begins by repealing all existing laws relating to the postal service in New Zealand. The whole service is to be placed under a Post-Master-

General, to wliom the Governor mav'dT -gate the powers conferred on hi m wtl • Act, with the exception of those confer*?! in clause 22, and those to be exercised h the Governor in Council. The Governn in Council may fix the rates of postage and make rules for the post office service t be enforced by penalties not excpprlL £10. The Governor may malceTrran? ments for the transmission of mon through the post. We may pass over tho clauses providing- for the usual routine of the service The 22nd section is important It empowers the Governor by warrant t' direct letters to be opened, detained or delayed. This power cannot however be delegated to the Postmaster-General. W e can scarcely conceive cases for its exercise in New Zealand. The very nature of the power is a guarantee against its abuse as no Governor dare make use of it with! out very weighty reason. Postage labels are to be made and sold as required and offences relating to the use of false stamps and dies are to be dealt with as felonies Punishments and penalties are provided in profusion for every sort of offence, both of omission and commission. Amongst others we are glad to see that all persons employed either in delivering or carrying mails are subject to heavy penalties for delay and neglect.?/. The- service in this Province sadly waiits^rubbing up in this respect. The .expenditure^ on posts is to be charged, against the revenue of the province in which it is incurrred. This Act is to come (into operation on the Ist day of October tiext. No. 16. Tlie Provincial- Reserved Bills Act repeals the 30th section of the Constitution Act, which provided that no Provincialbill reserved for the Governor's assent, " shall have any force or authority within the province, unless: the assent of the Governor thereto shall have been so signified as aforesaid," (i.e. by the Superintendent to the Provincial Council, or by Proclamation in the Government Gazette), "within three months next after the day on which such bill shall have been presented to the Superintendent for the Governor's assent."—'This clause is ambiguous in meaning, and the term specified so short as to create inconvenience. The pi'esent act extends the time of the Governor's assent to three months from the day the bill shall have been received by him. ' "1.'i..-' '' .' ■' .■ ■ '•'■ /■:.■

No. 17. Theßishop of' New Zealand Trusts Act is very different from the bill prepared at the conference, held at Auckland last year, to frame a Church Constitution. The present act after alluding 1 in the preamble to the Constitution framed by the bishops, and certain clergy, and laity, and the powers given by them to a General Synod, to appoint trustees for the management of church property, authorises the Bishop of New Zealand to convey all properties conveyed to him in trust for religious, educational, charitable, and other .purposes, to such trustees. The said trustees to have powers of selling*, exchanging, and leasing", under conditions specified in the schedule.. The schedule in the original bill was neither more nor less than "a Church Constitution. It is now a legitimate appendage to the act. No. 18. The Auckland Roman Catholic Endowments Sales Act is of local interest. It authorises the Roman Catholic Bishop of Auckland to sell a portion of the land granted to him iii trust for the maintenance of schools, and as site for a church j and with the proceeds of such sale to purchase other lands and to build churches and schools.

■No. 19. The Boundaries of[Provinces Act authorises the: Governor to appoint Commissioners to ascertain and report upon the boundaries of provinces whenever any dispute shall arise. If the Governor in Council approves of the report, the boundaries are to be proclaimed accordingly. If the report is disapproved of, new proceedings may be taken .under the Act. Any claims or disputes which may have arisen from a previous confusion of boundaz'ies are to be settled conclusively by orders made by the Governor in Council. It is to be hoped that our little dispute with Otago will be settled speedily under this Act. • i. .: '

'.No. 20. Tiie Census Act -provides for taking- an account every three years of the number and condition of the European population of New Zealand, of the Hve stock, and of the land in cultivation, together with other necessary statistical information. The first census under this act to be taken next December. • The Governor to appoint Enumerators for specified districts ; such enumerators to appoint sub-enumerators for sub-districts. The sub-enumerators to account to enumerators, and the latter to

f vurard statistical lists to the RegistrarS'X Abstracts of the Returns to be rShifbre the General Assembly the seslZ next ensuing after census has been STen The old pensus ordinance> Session XI. N°- B>is8 >is rePealed*r o 21 The Australasian Creditors Ad provides a remedy to creditors against tltors removing from any other of the tSa ian Colonies to New Zealand If Memorial of judgment obtained m the Supreme Court of any of the neighbouring Stralasian Colonies shall be filed in the Supreme Court of New Zealand according to a specified form, the Supreme Court of New Zealand shall summons the person io^inst whom judgment was obtained to how cause why execution should not issue • and should defendant not appear, or not low sufficient cause, execution shall issue. The separation of the jurisdiction of the several Australian Colonies and their proximity to each other has heretofore too much facilitated the evasion of judgments.

No 22. The Supreme Court Judges Act remedies a great evil. Till now New Zealand Judges held office " during her Majesty's pleasure" instead of "during good behaviour" as in England. This Act puts them on a proper and independent footing by assimilating their tenure to that of judges in England. The Governor may remove a judge on address of both Houses of the General Assembly, or suspend him, if the General Assemby is not sitting, until it meets. ■: Aslong as a judge holds office he is to receive a salary at least equal,to that which,shall be payable by law at the time of appointment. The Governor may appoint a judge for temporary purposes during pleasure.: A judge who resigns after having attained the age of 60 years shall receive a superannuation allowance, ranging from a quarter to two-thirds of his salary in proportion to the length of his service. ■ "''■ >--■■■■■'■ ■'■ ■'■■■ ■■ • ■ •

No. 23. The Lam Practitioners Act enables barristers and solicitors of the Supreme Court to act both as barristers and solicitors, and in any court of justice in the colony for five years after the passing of the' Act. "■• •■•:, ■; :

No. 24. The Sheriffs' Act repeals the old New Zealand Ordinance, Sess. VII. No. 4. Hereafter the Governor alone shall'appoint sheriffs arid define tlieir districts. Sheriffs now-acting to be deemed to have been appointed fry the Governor. Every sheriff shall have the powers and privileges that a sheriff in England has as a ministerial officer of one of her Majesty's courts at Westminster!. A sheriff shall not act as barrister ov solicitor. The chief justice to fix fees which shall be paid to Colonial Trea surer, : The Governor may appoint a deputy sheriff to act in. case of the death, illness, or absence of the sheriff. The fifteenth clause enacts that the English " Act" (Ist Mary Sess. 2 chap. 8) "that sheriffs shall not be justices- of the peace during'that office" shall be deemed and taken not to have been heretofore and not to be hereafter in force in the Colony of New Zealand. It is rather odd that the New Zealand custom of uniting the duties of sheriff and resident magistrate should have been so long allowed to go on illegally. ' : '.

No. 25. The Gaolers' Act enacts that Gaolers shall be appointed by the Superintendents of provinces. The gaoler- shall have charge of the gaol for which he is appointed, and shall be liable:'to.answer for the escape of any criminal or debtor if the escape happen through his wilful neglect and default. When any debtor or criminal is delivered to the gaoler within the doors of the gaol, the gaoler's responsibility commences, and that of the sheriff or other officer delivering such debtor or criminal ceases. . If a debtor escapes the gaoler will be liable to an action of damages and not of debt. This act is, not to abridge the powers of Provincial .Councils to make laws for the managemennt of gaols. Powers given to sheriffs under New Zealand Prisons Ordinance, Session vII., No. 7, are to cease,, and > the power under Section 20 to be exercised by the gaoler.

Mo. 26. Tfie Petty Sessions Act enables the Governor to constitute Petty Sessional Districts in any part of the colony, and to fix times for petty sessions to be held. The majority of the justices of a district may appoint a clerk,, a bailiff, and a constable. The clerk shall give notice to two justices of the district in rotation or the time and place of petty sessions. Justices to receive Is. Gd. a mile for every inilo that their place of residence may be distant from the place where sessions aro hold. The Act does not affoct the

rig-lit of any justice to sit at petty sessions. The fees &c. are to be paid to the Colonial Treasurer for the use of the province in which they arise, and the expenditure will be charged against the province in which it is incurred; if the district should comprise parts of more than one province, the Governor may make an equitable apportionment of costs and expenses.