The Lyttelton Times.

Lyttelton Times, Volume X, Issue 615, 29 September 1858, Page 4

The Lyttelton Times.

Wednesday, September 29. Wb resume our analysis of the Acts passed in the late Session of the General Assembly. No. 33. The Ordinary Revenue Act declares all revenue arising from all taxes, duties, rates, imports, fees, fines, &c, payable to her Majesty, in respect of or collected by the followin°- Departments Courts and Officers to be the Ordinary Revenue of the Colony of New Zealand; viz., the Supreme Court, Courts of Justice of Inferior Jurisdiction, Resident Magistrates and other Justices of the Peace, Customs Department, Post Office, Registrars of Births Deaths and Marriages, Sheriffs, and Crown Grant Office. Part of the 62nd Section of the Constitution Act, providing that expenses of collecting duties should be paid out of the Revenue collected, is repealed, as is the 63rd Section providing for the Audit of Accounts. The costs of collection will be regulated hereafter from time to time by Act of the General Assembly. This Act is deemed to have commenced on the Ist July, 1858. _ No. 34 The Bankers' Meturns Act provides that statements of the assets and liabilities of every Bank in New Zealand shall be made out weekly, and that from these statements quarterly abstracts shall be made out and published. A form, showing particulars required, is given in the Schedule. The Manager, or in bis absence the Chief Clerk in a Bank, must verify the abstracts upon oath before a Magistrate ;—-such abstracts to be forwarded to the Colonial' Treasurer, and published in the Government Gazette. In the awarding of penalties, it is rather curious that the Act should provide a penalty of £500 in the case of a Banker's neglecting to keep weekly statements, or to send in his abstract within ten days after the termination of the quarter, while it visits a false statement of accounts, intentionally false, with a penalty of £100. It is true that the next clause makes a person taking a false oath punishable for perjury. Why then is the minor penalty provided for? Our present Government certainly shows * a very pretty taste' in penalties.

No. 35. The Resident Magistrate's Court Act enacts that hereafter Resident Magistrates shall be appointed by the Governor alone, all those now acting to be deemed to have been appointed under this Act; Resident Magistrates to have the power of two Justices. Minors may sue in Resident Magistrate's Court for wages or piece work. The Resident Magistrate may direct process to be served by the bailiff or any other person. The Resident Magistrate or any two or more Justices, before whom a civil case has been heard, may grant a re-hearing. The enforcing of judgment against any aboriginal native may be delayed as long as the Resident Magistrate thinks it expedient. A person cannot be imprisoned twice for debt, but the effects of a person who has been imprisoned for debt may. be taken in satisfaction of judgment. If at any time the Resident Magistrate's Court cannot be held, it may be adjourned by the Clerk.

No. 36. The Canterbury Association Land Orders Act, after reciting the powers given to the Canterbury Association by Acts of Parliament to hold and sell certain lands in New Zealand, and the issue of land orders for which no conveyance was made at the date at which the powers of the association determined, enacts that Crown Grants issued by the Governor of lands sold but not conveyed by the Canterbury Association shall be taken and deemed to be valid. This Act was required to set at rest doubts which had been raised, as to his Excellency's power to issue such Crown Grants.'

No. 37. Tlie definition of Districts Act repeals the Counties Act of 1856, and empowers the Governor by proclamation to divide the colony into counties, hundreds, parishes or such divisions as he may deem expedient, and to name such districts. He is also empowered to name any harbour, mountain, and port of entry for which there may be no precise or intelligible name. If the county or other division isco-terminous with any electoral division, the name of such division may be cited in the writ for the election of members to the House of Representatives.

No. 38. The Nelson College Act incorporates the Governors of Nelson College, the management of which is vested in a visitor and nine Governors. The Deed of Foundation, which is appended to the Act as a schedule, provides that the Governor of the colony for the time being, or his delegate, should be the visitor. It is recited in the preamble of the Act that £20,000 arising from the Nelson Trust Funds have been invested in the names of the Governors of the College.

No. 39. The Merchant Shipping Act 1854 Adoption Act adopts certain provisions of the third part of the English Merchant Shipping Act which were not applicable by that Act in JMew Zealand. These provisions relate chiefly to the discipline, wages, shipping, discharge, &c, of seamen.

[No. 40 is omitted in the gazettes which have come to hand. It is probably an Act of fearful length which is not yet printed, as there is a hiatus of 74 pages where it should be inserted, i.e. between pages 202 and 277.] No. 41. The Native Districts Regulation Act is permissive only. The Governor in may appoint districts where Native title is not extinguished for the purposes of this Act, and issue regulations with the general assent of the Native population of a district on the following subjects, viz.: cattle trespass, public pounds, boundary fences, cattle branding, prevention of scab, &c„ against spread of thistles, &c, enforcement of native rights, prevention of lu-cs, dogs, cleansing houses, nuisances, health,

public property, prevention of' dvivnW ""' sale, &c,of spirituous liquor", andth^rt' sion of injurious native customs pli?Pes' to £50 tok enforced summary fc 6ft *? regulations. No orders in CoVcU for pur poses aforesaid to come into operation till fhl' have been published 14 dayj-in Se-M?^ Messenger' both in English and Maori. CoS of such orders to be laid before the General As sembly. All regulations made under this til cease when Native title is extinguished No. 42. The Native Circuit Courts Ah empowers the Governor to appoint district? where the Native title has not been extinguished for the purposes of this Act, and to appoint to bl eV\^ dU>inCi aJ esident ma^tratfassi st eS oy at least one native assessor. The NahV* circuit court to exercise allpowers held by S AninvvT fc"aif + °l^ stices in c»^inal case . A Juiy of eight to be impanelled in case of all offences involving a penalty above £5 also to STe^ t0- all Case^ not ycognizaWe :g the court. Tim jury must give a "unauimoul ver! •« • } \ e Jury cannot agree upon a verdict withm four hours the court may convict or charge the defendant. No appeaffs allowed and no proceedings shall be set aside for wlnt of form. In civil cases a jury of fmiv™ i impanelled on the demand' 7 oLoTthel^ tios in the suit. The judgment must be acco^ ding to equity, and the court may take whatever evidence it may think proper, whether stSfy legal or not. Judgment to be enforced by distraint or execution against the person of defendant. Cases not _ triable by jury must be determinedly the opinion of theresident magistrate concurred m by the majority of native assessors lhe court may deliberate with the jurors The Governor may. appoint native assessors, beinsr men of the greatest authority and repute in their tribes. Two or more assessors may holda court^in criminal cases where the penalty to be mflicted shall not exceed £5. An appeal to he to the Native Circuit Court. Pees and fines are to be appropriated for the benefit of the district m which they are levied. No. 43. The Civil Service Superannuation Act provides retiring allowances in certain cases. Any officer m the. civil service after ten years' service who produces a certificate signed by twomedical practitioners to the effect that by reason of age, bad health, or other infirmity, he cannot perform his duties any longer, or any officer who has served thirty years (without such certificate) shall be entitled to retiring allowances, on the following scale, provided he has discharged his duties to the satisfaction of the head of his department. After ten years' service and under seventeen years* the annual allowance shall be equivalent, to a quarter of the average salary of the office or offices held by him during the last three years previous to retirement. After seventeen years one-third of such salary; one eighty-fourth part of such salary to be added every year after this for every year of service up to forty-five years After forty-five years of service the allowance to be two-thirds of such salary. No allowance may be drawn in addition to salary of any other office in such a way that the officer shall receive more than the salary of his former office. If health be re-established and offer of other office be. refused, the allowance may be stopped. Any period, being more than six weeks in each year, during which an officer has been absent from his duties, to be deducted from his time of service in the computation of his allowance. Officers of departments transferred to Provincial Governments but replaced on General Government establishment to be deemed to have been throughout in service of General Government. On application of widow or children of an officer who has died in the service, the Governormay, grant relief to an amount not exceeding one year's salary of such officer. This act does not give absolute right to allowances, or prevent dismissal of persons for misconduct without compensation. This act does not apply to officers of the Executive Council, or to holders of office on political tenure, or to officers entitled to retiring allowances under any other act. JNo. 44. Martin's Annuity Act provides that whereas Mr. Chief Justice Martin has retired through ill health, and whereas he would have been^entitled to a retiring allowance of £333 v Sr Under the ' Su Preme Court Judges Act' ot the present session had he not retired last year, that sum shall be paid him annually as a retiring allowance for the rest of his natural life. Annuity to commence from date of retirement, 12th June, 1857. •No. 45. The Province of TaranaM Act alters the name of the' Province of New Plymouth to that of Province of Taranaki. No. 46. The Crown Grants Correction Act enables the Governor under his hand to endorse on^any Crown Grant which erroneously describes the land to be conveyed a correct description of such land. Any deeds based ou erroneous description in a grant so corrected to be construed as though the correct description had been originally inserted. No. 47. The New Zealand Native Reserves Amendment Act empowers Commissioners of Native Eeserves to sue and to be sued in their own names in respect of the property whereof they may have the management. No Commissioner to be personally liable except for his own act and deed, nor for anything done by him as Commissioner except in cases of wilful neglect or default. ■