A.—No. 7.

8

MEMORANDUM ON THE VALIDITY

Title of Act or Ordinance, and subject-matter of Sections. Remarks. WELLIN GTO N— continued. The District Highways Act, 1867—continued. Sec. 10. Confers powers on Benches of Magistrates to order Ultra vires. (Bagge v. Sinclair.) Chairman of Road Board to repair roads. Sec. 11. Provides that Chairman may sue and be sued on behalf Ditto, and unnecessary. The of Board. Legislature have provided sufficiently on subject. Sec. 20. Provides that rates may be recovered by summary pro- Ultra vires. (Bagge v. Sinclair.) ceedings at suit of Collector, without limit as to amount. Sees. 23, 24, 25, 39. Provide for settlement of disputes, and Ditto, awarding compensation by arbitrators, and making award a rule of Supreme Court, and for taxing costs. Sees. 22-27. Provide for taking land compulsorily in a manner Ultra vires, as repugnant to not in accordance with provisions of " The Compulsory Land Act of General Assembly. Taking Act, 1866." Sec. 30. Empowers Superintendent to authorize the occupation, Ultra vires, the freehold being for pastoral purposes, of certain highways vested in the Crown. vested in the Crown. Sec. 39. Empowers Board to grant conveyance of disused This is ultra vires, the land highways. being Crown land. It is, moreover, repugnant to " The Highways and Watercourses Act, 1858." An Act to vest in a Board of Wardens, for the Management of Local This Act, so far as it incorpoPublic Works the Management of the Streets, Sewerage, and rates ultra vires provisions Preservation of the Health of the Inhabitants of the Town of of Sess. 11., No. 17, is ultra Wanganui. vires. An Act to amend and consolidate the Laws relating to Scab, Catarrh, and Sheep Inspectors. Sess. XL, No. 13. Sect. 13. Gives power to a Justice of the Peace to order search Ultra vires. (Bagge v. Sinclair.) of vessels for infected sheep. Sect. 33. Gives power to recover assessment on sheep before Ditto. Resident Magistrate or any Justice of the Peace, although it may exceed £20. Sees. 1, 2, 6, of An Act to authorize the Superintendent to cause a Wharf to be erected in the Harbour of Port Nicholson. No. 1, Sess. VIII. Sec. 1. Superintendent authorized to construct wharf at such This would give a power to place in the harbour as may appear best adapted for the erect it below high waterpurpose, mark, even on land not granted to Superintendent, but remaining in the Crown. This a Provincial Legislature cannot do, the Constitution Act forbidding them by legislation to affect Crown lands. Sec. 4- Power to Superintendent to make by-laws, and to provide Ultra vires for reasons already for the imposition of penalties. stated with regard to bylaws. NELSON. An Act to provide for altering Roads in the Province of Nelson, 1855. No. 4., Sess. 11. Sees. 1, 2, 3, 4, and generally the whole Act. Powers to Justices Ultra vires. This Act is also of the Peace to hear and determine whether road is necessary repugnant to " Highways and or may be diverted or not; and authorizing the taking of roads Watercourses Diversion Act, through private lands ; and for determining amount of com- 1858," and " The Provincial pensation by award ; and authorizing Supreme Court to make Compulsory Land Taking Act, orders in certain cases for allotting compensation money. 1866." An Act to provide for the Making and Maintaining of Roads and other Public Works in the Province of Nelson. No. 4, Sess. 111. (1856), except clauses 4, 5, 6, 7, 9, 26, 27, 32, and 33.* * Amended by " Country Roads Amendment Act, 1868." No. 12, Sess. V.