A.—No. 7.

MEMORANDUM ON THE VALIDITY

4

Title of Act or Ordinance, and subject-matter of Sections. Remarks. AUCKLAND— continued. The Higlnvays Act, 1867 —continued. See. 26. Appeal may be made to nearest Resident Magistrate Ultra vires. (Bagge v. Sinclair.) or Justices of the Peace. Sec. 27. Costs to be awarded by Resident Magistrate or Jus- Ditto. tices of the Peace. Sec. 30. Giving power to Collector to sue in summary way before Ditto. Resident Magistrate, and to recover by distress. Sec. 37. 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. Sec. 49. Giving power to Superintendent to impose and levy Objectionable so far as it incorrates. porates clauses to which objection has already been made. The Thistle Act, 1858. No. 5, Sess. VIII.* Sec. 6. Confers power on Resident Magistrate or two Justices Ultra vires. In contravention of of the Peace to make an order authorizing person appointed 19th section of Constitution under the Act to enter upon land and eradicate thistles, Act. and Resident Magistrate or Justices of the Peace to have power to make order for payment of costs occasioned by eradicating thistleß. The Impounding Act, 1867. No. 10, Sess. XX. Sees. 21, 22. Power to Justice of the Peace to make order to Ultra vires, altering jurisdicsell cattle. tion, practice, and procedure of Resident Magistrate's Court. Sec. 27. Resident Magistrate, or two Justices of the Peace, Ditto, have power to summon owner of cattle having trespassed, and to determine matter of complaint. Sec. 30. Gives power to any Justice of the Peace to replevy. Ditto. Sec. 31. Power given to Justices of the Peace to make order as Ditto. to damages and costs, or delivery of cattle, and as to sale. The Sheep Act, 1863. No. 14, Sess. XV. Sec. 7. Owner of sheep may appeal against decision of In- Ultra vires, as altering jurisdicspector that they are diseased, to the nearest Resident tion of Resident Magistrate. Magistrate, who shall determine same in summary way. Sec. 21. Imposing penalty not exceeding £5, on every sheep set Whether, as it is not clearly at large contrary to provisions of Act. provided the setting at large of each sheep is to be a separate offence the provision is not ultra vires, is open to question. The Diversion of Soacls Act, 1863. No. 2, Sess. XV. This Act appears now in conThis Act provides for shutting up roads and taking private lands flict with the provisions of for roads, and compensating owners of lands. " The Highways and Water Courses Act, 1858," and • . " The Compulsory Land Taking Act, 1866 ;" it should be repealed. The subject is provided for and regulated by those Acts. The Auckland Municipal Police Act, 1862. No. 10, Sess. XIV. Ultra vires. Sees. 2, 5,15. Give jurisdiction to Magistrates to order abatement of nuisances. Doubtful validity, as limiting the Sec. 8. Provides that informations or complaints be laid by par- number of persons by whom ticular persons. informations should be laid. The Auckland Rural Police Act, 1866. No. 11, Sess. XIX. (Misprinted in Schedule to Act of 1867 as No. 2. Sec. 4. Power to Constable to take recognizance. Sees. 5, 6. Constable may discharge prisoner if accuser declines Questionable validity. to enter into recognizance. * It seems the object of the Provincial Legislature would be obtained by imposing a penalty of say £100 for not eradicating thistles, after notice from some officer or authority empowered.