A.—No. 7.

Title of Act or Ordinance, and subject-matter of Sections. Remarks. AUCKLAND. The City Board Act, 1863. No. 7, Sess. XV. Sees. 16, 17, 18, 19. Provide that on any complaint being made It seems that it is questionable, touching the validity of an election, Select Committee of and as constituting a Court, Board shall hear and decide, and grant costs. I think is invalid. Sec. 51. Justice may take declaration of valuer. So far as this gives power to Justices of the Peace it is ultra vires, but Justices have power without. Sec. 56. Power to recover rates before one Justice of the Peace Ultra vires. (Bagge v. Sinclair.) at suit of Collector, or other person appointed by Collector. Sec. 57. Rate-book to be evidence. Ditto. Sec. 58. Justice of the Peace may summon any person quitting Ditto, property before paying rates to show cause why they should not bo paid, and to issue distress warrant. Sec. 65. Provision appointing Chairman of Board to sue. Questionable whether power to Chairman to sue is not altering the practice of the Court and ultra vires. Sec. 116. Production of Gazette containing by-laws to be evi- Questionable. dence. The City Hoard Act 1863 Amendment Act. No. 6, Sess. XVI. Not objectionable in itself, but only as dependent upon objectionable clauses in other Acts. The Citi/ Board Act 1863 Amendment Act, No. 2, 1565. No. 4, Sess. Ditto. XVIII. The Highways Act, 1862. No. 5, Sess. XIV.* Sec. 20. Trustees appointed under Act to hear objections to This is probably not ultra vires, assessment. as it does not appear that trustees are to proceed judicially. Sec. 21. Appeal may be made to nearest Resident Magistrate Ultra vires. (Bagge v. Sinclair.) or two Justices of the Peace. Sec. 22. Costs to be awarded by Resident Magistrate or Justices Ditto. of the Peace. Sec. 24. Power to Collector to sue. Ditto. Sees. 28, 29, 30. Giving a power to register a memorial of a Appears highly objectionable, if rate, and to charge the laud thereby, and money stated in not ultra vires, as legislating memorial may be recovered by trustees. on a subject which is considered one for the General Assembly. Sec. 46. No Resident Magistrate or Justice of the Peace to be Ultra vires, as altering the pracincapacitated from doing any act by reason of interest. tice of the Resident Magistrate's Court. The Highways Act, 1867. No. 9, Sess. XX.f Sec. 25. Trustees appointed under Act to hear objections to This is probably not ultra vires, assessment. as it does not appear that the trustees are to proceed judicially. * It is believed that this Act is not now in operation. The Act of 1867 repeals it as to districts then existing, but the Act of 1867 does not come into operation in new districts until proclaimed. It is presumed that the Act of 1867 is virtually the only Act in existence. f This Act provides for alternative rate on acreage or Talue to sell.

MEMORANDUM ON THE VALIDITY OF PROVINCIAL ORDINANCES.