The Lyttelton Times

Lyttelton Times, Volume X, Issue 612, 18 September 1858, Page 4

The Lyttelton Times

Saturday, September 10. We proceed with our analysis of the Acts passed during the late session of the General Assembly. No. 27. The Justices of the Peace Act in a great measure supersedes the Summary Proceedings Ordinance of New Zealand, Sess. 11., No. 5, under which justices have heretofore acted summarily. The English Acts of 1848, commonly called " Jarvis's Acts," entitled respectively "Indictable Offences Act," "Summary Convictions Act," and " Justices Protection Act," are extended to the colony, with such alterations as are necessary to adopt them to our circumstances. This Act is to come into operation on the Ist day of January, 1859. No. 28. The Registration Act repeals the New Zealand Ordinance, Sess. VIII., No. 9, and otherwise provides for the registration of Births, Deaths, and Marriages. The Governor to appoint Registrars, and proclaim their districts. All births must he registered withm sixty-two days after birth; deaths withm thirtyone days after death. If a birth is reported to a registrar after sixty-two days, but within six months, he may register it on receiving a solemn declaration of the necessary particulars and on payment of a fee of 10s. 6d.; hut under no circumstances may he register after six months. Any person burying, or performing any religious service for the burial of any dead body, for which no certificate of registration has been obtained, shall he liable to a penalty not exceeding £10. Any person may search registration books and get a certified copy of any entry, on payment of specified fees. Registrars are liable to a penalty of £20 for carelessness ; and persons making false statements shall be guilty of a misdemeanour,. Registrars are to be exempt from service on juries and inquests, &c., in any parochial or. corporate office. So far as respects appointments, the making of regulations, &c, this Act takes effect at once, hut, as to all other matters, on the Ist January, 1859

No. 29. The Marriage Act Amendment Act repeals part of the Marriage Act of 1854, and the whole of the " Marriage Act Amendment Act" of 1856. It enacts that the Registrar, to whom due notice has been given, may issue immediate certificates for marriage in two cases: first, when both persons intending marriage are of full age, or 9> if a person be under age, when such a person is a widow or widower ; and secondly, when the consent in writing of a minor's parent or guardian has been produced duly attested. In other cases fourteen days must elapse between the notice and the issue of the certificate. On proof that a parent or guaris non compos mentis, or unreasonably refuses consent to a proper marriage, a judge o? the Supreme Court may consent to the marriage of minors. Clause 14 enacts that all marriages already solemnized, which were bon&fide intended to be solemnized under the Marriage Act iof 1854, shall be valid, notwithstanding that all the requirements of that Act shall not have been complied with.' No. 30. The District Courts Act contains--165 clauses. We can only of course here touch upon its main characteristics. Not long ago we commented at some length upon the large powers proposed to be given to the District Courts by the bill brought before the House of Representatives. It has been altered before passing into law; but still it is with relief that we hear that no district court will be constituted under its provisions where there is a Resident Judge of the Supreme Court. The District Judge must, under, the Act as now passed, be a barrister or solicitor of the Supreme Court if he is to be entrusted with all the powers of the Act, which are comprehensive enough. Civil cases exceeding £20 and not exceeding £100 are congnizable by District Courts. The Judge may, in the absence of a Judge of the Supreme Court, grant or dissolve injunctions, and grant probates of wills and letters of administration. In criminal cases the District Court has jurisdiction when the punishment is fine or imprisonment, or transportation for seven years, or 'penal servitade for four years. The greater part of the clauses provide for the procedure and practice of the court. Suras received'under this act are to be for the use of the province in which they arise, and the expenditure is to be charged to the province fpr which it is? incurred. The act is to come into operation on thelst January, 1859, i t ' No.; 31. 'The' Audit Act provides for the' appointment of an Auditor by the Governor'at; a salary of £500 a year. He is to hold oflibe during good behaviour, and is only to be rlemoveable on an address from both Houses of the General Assembly. His duties will be to examine the accounts of all accountants under the General Government, and to report on the Colonial Treasurer's balance sheet and accounts, both as to their correctness and classification. The Colonial Treasurer's statement of accounts to be made out within six months after the close of every financial period, and to be laid before the General Assembly. The first account to be laid next session before the General Assembly to commence from the Ist January, 1857. The House of Representatives ia to elect a committee of three to audit these accounts, each member of cornmitteo to receive £50. The committee

is empowered to call for witnesses and «»«„,. and to examine upon oath. ce ai>«rs, No. 23. The Dmualification Act ena ct 9 that no person holding office in any of fJ following departments of the General Govern ment may be elected as a member of the Hou« of Representatives, or a Superintendent of an Province, or a Member of any Provincial Coun oil, viz.: the Colonial Secretary's, the Attorn General's, the Colonial Treasurer's, the Minist for Native Affairs, the Customs, the Post Offi the Supreme Court, the District Courts fch Resident Magistrate's Courts, and the Sheriff Department. This does not apply. t 0 vl s Colonial Secretary, the Attorney General tl Colonial Treasurer, the Minister for Nath) 9 Affairs, the Commissioner of Customs, or tl ° Postmaster General. This act is to come int° Operation on the Ist January, 1859, but do ° not affect the seat of any person elected befor 8 the act shall come into operation. We shall resume our summary of the Acts in future issues, until the substance of them all shall have been placed before our readers.