OF PROVINCIAL ORDINANCES.
A.—No. 7
11
Title of Act or Ordinance, and subject matter of Sections. Remarks. MARLBOROUGH— continued. The Picton Improvement Act, 1861—continued. Sec. 54. Authorizes Justices of the Peace to order private Ultra vires, for reasons already persons laying out roads to make them of a certain width. given in similar cases. Sec. 55. Appeals to Justices against acts of Board in exercise Ultra vires. of powers relating to laying out of buildings uniformly. An Act to amend the Picton Improvement Act. No. 1, Sess. VII., Nothing objectionable in this 1863. Act. The Blenheim Improvement Act, 1864. Sec. 12. Provides for settlement of disputes relating to elections Questionable. and vacancies in office by Superintendent and Executive. Sec. 16. Persons aggrieved by assessment may appeal to Bench Ultra vires. of not less than two Justices of the Peace, called Court of Appeal. Sees. 21, 25. Power to Justices of the Peace to orderwh ether Ditto. drains or sewers shall be made or not. Sees. 27, 28. Power to recover expenses caused by obstruction Ditto. of work, or making unauthorized excavations in a similar way. Sees. 29, 30, 31, 32. Power to settle disputes and compensation Ditto. by arbitration, and to make award a rule of Court. Sec. 35. Powers to Bench of not less than two Justices of the Ditto. Peace to require roads to be made of necessary width. Sec. 36. Two Justices of the Peace may order dangerous build- Ditto. ing to be pulled down, and for recovering expenses in a summary' way before two Justices of the Peace. Sec. 39. Power to recover market dues before a Justice of the Ditto. Peace in a summary way. Sec. 46. Board may sue and be sued in name of any one member Ditto. of Board, or Clerk, and action not to abate by death of Clerk or member of Board. Sees. 48, 49, 50. Power to Board to make by-laws and impose Ultra vires, and unnecessary, penalties. and matter sufficiently provided for by Act of General Assembly. Sec. 56. Bench of not less than two Justices of the Peace to Ultra vires. cause surveyors to make correct plans of public roads or streets. The Drainage Act, 1867. This Bill was never assented to by the Governor, but had tho force of an Act of the General Assembly given to it by " The Provincial Acts Validation Act, 1867 ; " but the validation of it was expressly discontinued by " The Provincial Acts Validation Act Continuance Act, 1868." The Roads Act, 1867. Validated by " Provincial Acts Validation Act, 1867," but devalidated by " Provincial Acts Validation Act Continuance Act, 1870." The Picton and Havelock Improvement Act, 1869. Sec. 9. Power to Justice to order cattle, owners of which are un- Ultra vires. known, to be destroyed. The Picton Improvement Act Amendment Act, 1867. Nothing objectionable in this Act. The Province of Marlboroughßoads Act, 1870. Sec. 8. Provides that disputes with regard to elections of Questionable and objectionable, members of Road Boards to vacancies should be decided by as the tribunal created seems Superintendent and Executive on petition in writing. to be a Court of Judicature within the judgment in Bagge v. Sinclair.
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