A.—No. 7.

12

MEMORANDUM ON THE VALIDITY

Title of Act or Ordinance, and subject-matter of Section. Remarks. MARLBOROUGH— continued. The Province of Marlborough Roads Act, 1870—continued. Sees. 23, 24, 25. Power to make by-laws and provide for penalties Ultra vires. The Legislature for breaches. has given power to the Provincial Legislature to create offences, but has not empowered the Provincial Legislature to authorize another body to do so. Sec. 32. Gives power to Resident Magistrate's Court and Court Ultra vires. (Bagge v. Siuelair.) of Petty Sessions to appeal against rates. Sec. 48. Power to take materials from land, and to Justices to Ditto, as adding to jurisdiction settle disputes relating thereto, and to Justices to give orders of Magistrates, for the taking of such materials. Sees. 51, 52, 53, 54. Disputes relating to compensation to be Ditto, as creating a new tribunal, settled by arbitration : Power to appoint arbitrators and make and adding to the jurisdiction, award a rule of Court. and affecting the jurisdiction and procedure of Supreme Court. Sec. 56. Which authorizes Judges, Resident Magistrates, &c, to Ultra vires, as giving a jurisact though interested. diction where no jurisdiction exists. CANTERBURY. The Roads Ordinance, 1864. No. 8, Sess. XXII. Repealed by " The Roads Act, 1869." The Roads Ordinance Amendment Ordinance, 1866. No. 20, Sess. Ditto. XXIV. The Roads Ordinance Amendment Ordinance, 1867. No. 12, Sess. Ditto. XXVI. The Roads Ordinance Amendment Ordinance, 1867. Ditto. The Roads Act, 1869. Sees. 19-27. Power to revise ratepayers' roll, and to hear and Ultra vires. (Bagge v. Sinclair.) determine questions as to assessment. Sees. 20, 21, 22, &c. Establishing a Court for revision of Ditto. electoral rolls. Sees. 34. Provides that rate should be property of Board, but Ditto, recovered at suit of Collector. The Christchurch City Council Ordinance, 1862. Christchurch is now created a Corporation, and this Act is now repealed by " The Municipal Corporations Act, 1867." The Lyttelton Municipal Council Ordinance, 1863. Lyttelton is now created a Corporation, and this Act is now repealed by " The Municipal Corporations Act, 1867." The Hokitika Municipal Council Ordinance, 1867. Hokitika is now created a, Corporation, and this Act is now repealed by " The Municipal Corporations Act, 1867." The Municipal Council Ordinance. No. 2, Sess. XIV. Under this Ordinance Kaiapoi and Timaru were originally incorporated, but they have since been constituted Municipalities under " The Municipal Corporations Act, 1367," of the General Assembly, and therefore, within those towns, the above Ordinance is repealed. It should now be repealed throughout the whole Province; for though it remains in force, there is no reason for, or apparent intention of, creating Corporations under it.