OF PROVINCIAL ORDINANCES.

9

A.—No. 7.

Title of Act or Ordinance, and subject-matter of Sections. Remarks. NELSO N— continued. An Act to provide for Making and Maintaining Roads, Sfc. —contd. Sec. 10. Disputes relating to election of members or making This seems to be ultra vires rate to be determined by Superintendent and Executive within the principle in Bagge Council (on request of five electors), whose decision shall be v. Sinclair, final. Sec. 15. Authorizes Justice of the Peace to make order on Ditto, a party to reimburse another party charges and expenses occasioned by his obstruction. Sec. 18. Empowering two Justices of the Peace to hear and Ultra vires. Ditto, determine disputes as to the taking of materials from private lands for mending roads. Sees. 21, 22, 23, 24. Providing for settlement of certain disputes Ditto. by arbitration and for making award a rule of Court. Sec. 25. Provides for recovering before Justice of the Peace Ditto, as constituting a new dues for use of public works. Court. Sec. 29. Persons may appeal against assessment to Bench of Ultra vires. three Magistrates called Court of Appeal. Sec. 31. Power to recover rate before one Justice of the Peace. Ultra vires, creating new tribunal for recovering a debt of any amount. Sec. 41. Proceedings against Clerk in name of Board not to abate Ultra vires, as altering practice by death of Clerk or Member. and procedure of Courts of Justice. Sec. 44. Providing that no Judge. Resident Magistrate, or Justice Ultra vires, as giving a jurisof the Peace, shall be disqualified as ratepayer. diction where the Judge or other person would not have it. The Country Roads Amendment Act, 1868. No. 12, Sess. V. No provisions in this Act requiring validation. The Country Roads Amendment Act, 1863. No. 2, Sess. X. Sec. 2. Persons to be summoned before Justices of the Peace to Invalid. show cause why hedges and trees should not be trimmed, and empowering Justice of the Peace to order them to be trimmed. Sees. 4, 5, 6. Empower Road Board to make by-laws, and pro- Ultra vires. Probably this would viding penalties for breach thereof. be so even though no power to create penalties were given by Act, for though " The Provincial Councils Powers Act, 1856," gives the power to Provincial Legislatures to create penalties, it does not empower Provincial Legislatures to authorize another body to do so. An Act to provide for the Improvement of the Town of Nelson, 1856. No. 3, Sess. 111., except clauses 3, 4, 5, 6, 7, 9, 11, 29, 31, 32, 33. 34, 35, 38, 40.* Sec. 10. Disputes relating to making rate to be referred to Super- Questionable. intendent and Executive Council. Sees. 13, 14. Empowering Justices of the Peace to order making Ultra vires. of drains. Sec. 16. Empowering a Justice of the Peace to order the reim- Ultra vires. bursement of expenses of making watercourses or drains. Sees. 18, 19, 20, 21. Disputed compensation to be settled by ! Ditto, as adding to jurisdiction arbitration; costs to be awarded, and award made a rule of of Court in a manner not Supreme Court. warranted by law. Sec. 25. Power given to two Justices to order building or wall to Ultra vires. be taken down, and to order payment of expenses. Sec. 28. Provides for recovery of dues before a Justice of the j Ditto. Peace in a summary way. t Sees. 35, 36. Property may be sold if rates in arrear. Repealed by " Sale for Nonpayment of Rates Act, 1862." Sec. 37. Providing for settlement of a special rate for improve- Questionable and objectionable. ments by arbitration. Sec. 45. Action may not abate by reason of death of member of i Ultra vires, as altering practice Board, or Clerk; and Board may sue in name of Clerk. of Court, and provided for by " The Unincorporated Boards Suits Act, 1870." * Amended by " The Nelson Improvement Amendment Act, 1858," and " The Nelson Improvement Act, 1862." 3