OE PROVINCIAL ORDINANCES

7

A—No. 7.

Title of Act or Ordinance, and subject-matter of Sections. Remarks. WELUSQ'SOS—continued. An Act to repeal the Wellington Board Act, and make other provisions for the Management of the City of Wellington. No. 11, Sess. XIII.* An Act to provide for the Management of the Streets and Drainage in Towns and Populous Places, and the Preservation of the Health of the Inhabitants thereof. No. 17, Sess. 11. Sees. 5, 6, 7, 8, 9, 10, 11, 12, 15. Imposing duties on Sheriff of Objectionable,as imposing duties convening meetings and conducting elections. on officer of General Government not having any relation to Provincial Governments. ■ Sec. 23. Board to sue and be sued in name of Clerk. No action Ultra vires, and matter suffito abate by death of Commissioner (five being a Board). ciently provided for by Acts of General Assembly. Sec. 2S. Power to Board to make by-laws, and provide therein Ultra vires, for though the Confer imposition of penalties. stitution Act forbids the altering of the criminal law by Provincial Councils, and although "The Provincial Council Powers Act, 1856," enables Provincial Legislatures to create offences and impose penalties up to £100, it does not enable such Legislature to give a similar power to other bodies. Sec. 29. Power to Justice of the Peace before whom penalty is Questionable. recovered to remit penalty. Sees. 95, 96, 97, 98. Power to sell land for rates, and imposing Ultra vires, and subject suffiduties on Justices to set out land to be sold, and to Sheriff to ciently provided for by sign conveyance. " Sale for Non-payment of Rates Act, 1802." Sec. 84. Power given to Resident Magistrate to order the for- ; Ultra vires. feiture of unwholesome food. Sec. 94. Power to Collector to recover rates. Ditto. (Bagge v. Sinclair.) Sec. 111. In default of owner doing work to his premises, Board Unintelligible. It does not may repair same, and expenses of repairing may be recovered provide in what Court and in by summary proceedings. what way. So far as applicable to any Court other than Resident Magistrate's up to £20, is ultra vires. The Drainage Act, 1863. No. 7, Sess. X. Subsec. 2 of Sec. 4. Affects to give powers to Supreme Court Ultra vires, as affecting juristo direct how compensation money should be applied. diction of Supreme Court. Sec. 6. Two Justices of the Peace, assembled on application of Ultra vires. either party, may state compensation and decide disputes. Sec. 9. Provides for settlement of disputes by arbitration, and Ditto. making award a rule of Supreme Court. Sec. 15. Empowers Justices of the Peace to decide questions as Ditto, to what lauds are benefited by drainage. The Public Boards Act, 1856. No. 3, Sess. 111. (Misprinted No. 2, Sess. III.) Sees. 7, 8, 9, 10, 11, 13. Impose on Commissioners and Justices Objectionable for reasons stated of the Peace duties of calling meetings of inhabitants, and as regards similar provisions holding elections of Boards. in other Acts. Sec. 18. Contracts to be made in name of Chairman; action not Ultra vires. Alters practice of to abate by death of member of Board. Court. An Act to amend and consolidate the Law relating to District Highways. No. 10, Sess. IX.f The District Highways Act, 1567. ' * Sec. 5. Speaks of Justices of a proclaimed district, and confers Ultra vires. (Bagger.Sinclair.) upon them the duties of calling meetings and holding elections. * Wellington having been created a Corporation under " The Municipal Corporation Act, 1867," this Act is repealed, t Repealed by " The Highways and Watercourses Diversion Act, 1858."