RESIDISNT MAGISTTATE'S COURT.

Otago Daily Times, Issue 173, 5 June 1862, Page 4

RESIDISNT MAGISTTATE'S COURT.

Wkdxe3»av, 4m Juxk, 18G2. (Before A. C. Strode, Esq., X- M.)

Fighting.—Henry Harris and. Josaph Levy were charged by o.i'&ible ltibn-t Stewart with fighting, and thereby disturbing the public peacj, about haifr past t'.relre o'clock on .Tuosilay flight, in l'rinees-sir^f.-t, opposite Daniels and Go's, sale room. The defendants wore severally fined in a penalty of 2'i.i. each, and cists. . Dan.vKE.v.vksa.—J.-nnes Bui-cess, for this offonc?, ir;:8 fiii'-d '20s. He had been admitted to bail in a personal deposit of 4lte. Charles Wood was fined 20*: for a' similar oft'ence. -

KuisiNCK.'—Mr. Jama? Nimon informal against ! John Wilson, for suffering a quantity of manure aud rubbish to aciumulafc; in hin yard. .Notice had baoii ■s;i-ved some seven days since. The accused was fined 10.^. and costs. Biupa.:i.',x y. QauoLAS. —In this casa, William Hp,d^inau pusd .Archibald Dongli'.s for the le^oyerlf ot'LLO, conti-actsd oil an 1.0.U;' ''S[c.:9outli appaiu^l f.n- she plaintiff, anil withdrew the inforimitio'.-rut tM S'igife-tio.i of the ISeueh, on tTiegi-aundof iiifurmalif.y. iJuijjg subsequently re-upened, the' Bench gave judg? mciit for JjJ4 lSs. in favor of plaintiff. * " MARSHALL ASD ANoMBiI V. McISNES.-^til ■ this ense JamajiicJ IJobci-t iMar.sli.ilj sued James Mclnues fjr the recovery of 1,19 Ms. There was no lyjpsantnce of oithur party, an;l the case was di&iiLisgd.' " Kmenas 4sn Co. v. RiDßi/r-.— James Keenan and C). ssiimuiuned -Jusues HuldJo on a bill of exc!iai(ge payable ten days after date. Judgment was pro'.oniieed in favor of the plaintitr) in the sijin of L2O, together with coata.

Smitii y, Si'bvbxson and A^otuijii.—^fo anpcaranci! of plaintiff. Case dismissc.l. S.MITH v. Goßßtnop, to recover the sum of L 7 13s. 01. far board and lodging. .Ml. Prenderj.a~.t appeared for the plaintiff, G\ H. Smith, and attempted to establish tlia existence of .a partnership between the litigants in the Uenclijjo coffee house. His worship coi.ii lore I that tli3 weight of evidence w:.s in favor of the'defendant in thi< matter ; and beliuving'thnt thn'plaintiff had not sustained his iufor j miit'.un, dismissed the case.

Noel v. I'agii.—No appearance of either party. Casj dismissed.

„ \ Sexto* v. Stevexsom and McKay.—No appearance of cii her party. .Case dismissed.. McKav v. Tiiaokbk.—Case dismissed. Susald v. Sujald.—His worship gave judgment in this case, wherein the plaintiff sued t)ie defendant for ' Wiigee, fo»- services Tendered as a servant " during' a period of njne months. The Bench' did not- think that any relation/? ship existed betwewr the parties, but reganJcH the statement as going to prove that the plaintiff dfrl act as servant, and was entitled to wages. The a:i.o.mt whs adjudged to be not excessive,'although tht'plaintiil'haU not made out his particulars of de.mnmi iini very satiifaetoey manner. Judgment was given in favor of the plaintiff iv the sum of L 6 /is. JUooiHB and ANoiniiii v. Pierue.—This was a claim for the recovery of LlB, charged on ihe delivery of .sundry cases of whiskey; Judgment in favor of the plaintiff, in the full amount, together with costs. UitAnr v. Daweos.—No appearance of the defendant U> orge C. Dawson. TJie ]j!aintiir was in court and proved his case, which was brought on an I. 0. D v/Jiml at £\i 10s. reilnced by pro-pnyinents to tlie lignre of £0 10s. The Bench gave judgment in-favor ol the plamtilt by default, together wilh co.vts, fo. : , r AVI? H- -Smitu v. J. How.—Fresh summons t- be tjiKen out. the first notice having been served 'illegally. ; " :' .•■•■ ■• ■■ •• ; : ? ,-,.■,. •• Same V. Norhak and Macieod.—Action brought to recover the sum of £1 ss. (ill, claimed on one week's board•comint-nping ou the 2Cth March. Tho Bench gave judgment in favor of the'pla'iiitiff in the ulj 'ajnuiins daiined : time given until' Satuixiay next to pay Ijie amount. ' '■■-'■ DeKIKOK V.■ " SI'EVESEOS AND KAY.—Action tijE the recovery of £3 Us. Judgment in favor of plu|n- | tiff,'in ' the sum sued for, together with costs.. A distress warrant to be-issued, unless, the amount be promptly liquidated. I'he business of the Court terminated at one« g'«look.

THE FUXCTrONS OF riiOVINCIAL P- COUNCILS.

It mny he interostinx to many of our readers, and more particularly to those of recent residence in New Zealand, to give theui so:ne idea of the powers conferred upon Prov'iifiiil Councils an<! Superintendents by the Constitution Act. and to show also what restrictions are imposed on the Legislative functions of the. Provincial Governments.

The 18th Chaise of the Act sets forth "It slmil In- hs'vfiil for the Superintendent of e-it;h Province, with the advice and consent of the Provincial Council thereof to make and ordain all such Laws and Ordinances (except and subject as hereinafter mentioned) as may be required for the peace, order, and good government of such Province, provided that the same l:e not repugnant to the Law of Kngland." Clause 19 is restrictive, and renders it illegal fur the Superintendent or Provincial Council "to make or ordain any law or ordinance fur any ofthe purposes hereinafter mentioned;

1. Tliß imposition or regulation nf duties or customs to lie imposed on the importation or exportation of any goods at any port or place ia the Province 2. The establishment or abolition of any Court of judicature of civil or criminal jurisdiction,except "Cour's for trying and punishing such offences as by the T.aW of Ts Tow Zealand are, or may be mado puiiiahablfi in a summary way, or alterinn1 tlif constitution, juns'liction. or practice of any such Court, except as nf< iresnid. 8. Rcirulatinrr any of the e'u-rent coin, or the i-sue

of any hills, note.*, or otlier.paper currency.

4. Ucffu'ntinct Hin weights anil measure^ to be used in"the Province, or in any part thereof. 5. ItesriiinHiur tlm rast-oflfrcs and the carriage of letters within tlie Province. 6. Establishing. aHeriiiv. or rcpaaling laws relative to bankruptcy or insolvency. 7. The flection anil maintenance of bsimons nn>" lighthouses on the coast. 8. Tim imposition of any fine or other c'l.-irifs on shipping at any port or harbor in the Province. 9. Ttesulatino: inarria<y»?s.

10. Affecting lnn<l« of th« Oown, or lands to which the title of tlje nlnriainal native ■ owners ha* never been extinsrui-tlicd. 11. Inflicting any (liabilities or r,-!«tn>Hons on persons of the native race to which persons of Fnmpsnn birth or descent would not also be SubjrCtpd.

12. Alfo''i'iT in any way the c jminnl law ofJfew Zealanri, ewiopt so far as relates to. offences amenable to summary punishment. 13, ResrulnHnsf tlm course of inheritance of ml or personal property, or effecting the law relating to wills.

Clause :2 venders it incompetent for the Provincial Council to despatch anylmsiness, unless one-third of the whole number of members be present.

Clause 2-5 states, " It shall bo lawful for any Provincial Council to pass, or for the Superintendent to assent to any Bill appropriating any money to the public service, unless the Superintendent shall first have recommended to the Council to make provision for the specific service to which such money is to be appropriated, and no such money shall be issued except by warrants, to be granted by the Superintendent."

By Clause 27, every Bill passed by the Provincial Council, mast be presented to the Superintendent for the Governor's assent, and the Superintendent may,, according? to his discretion, but subject to general guiding instructions from the Governor, or such instructions as he may from time to time receive, assent to any Bill on behalf of the Governor, or withhold the assent of the Governor, or reserve any Bill for the signification of the Governor's pleasure thereon. Clauses 28 and 29 provide that, after the Superintendent has assented to any Bill, an authentic'copy of such Bill must be transmitted by him to the Governor, and the Governor has the power! of disallowing, by proclamation, any such Bill at any time within three months of the receipt" of any such 15i.1l by him, and such disallowance renders such Bill null and void. Clause 30 declares that no Bill which shall have been reserved for the signification of the Governor's pleasure thc-reon,shall have any force within the Province, until tha assent of ths Governor shall have been signified either by the Superintendent by speech or message to the Provincial Council, or by proclamation in the Gnvervmttnl Gazette. "By Clause-G9, the General Assembly has the power of constituting new Provinces in New Zealand, to direct and appoint th: number of members of which ths Provincial 0 umcils therefore shall consist, and to alter t.i:1 boundaries of any Provinces for the time being existing, and to alter the provision of the Government Act. and any laws for the time being in force respecting the election of members of Provincial Councils, the powr.r of such <~!(rdiic'ls and the distribution of the surplus revenue between the. s-uaral I rovinces of New Zeal-tad; provided always, that any Bill for any of these'purposes shall be reserved for Her Majesty's pleasure. We will at s'ime future time give the outline of the powers and functions conferred by the Constitution upon the General Assembly.