A.—No. ti

16

MEMORANDUM ON PROVINCIAL ORDINANCES.

Title of Act or Ordinance, and subject-matter of Sections. Remarks. SOUTHLAND. The Invercargill Town Board Ordinance, 1863. Sec. 46. Board to hear objections to assessments. This seems to be objectionable, as creating a tribunal for deciding objections. Sec. 48. Collector with warrant from Justices of the Peace may Ultra vires. enter upon land and distrain for rates in arrear. Sec. 53. Appeal lies to Resident Magistrate, or any two Justices Ditto. of the Peace, with regard to rates. Section 56, and following clauses. Empower Board to make by- Ditto. The Legislature, though laws on any subject, and providing for breach of by-laws by it has empowered the Propenalties, vincial Council to create offences, has not empowered the Provincial Council to authorize any other body to make by-laws. Sec. 74. Provides for mode of service of writs, and other legal Ultra vires, as affecting practice proceedings. and procedure of all Courts. Sec. 75. Provides that penalties recovered should be paid to Ultra vires. Penalties are GeneClerk of Board, and form part of its funds. ral revenue, and therefore Provincial Legislature cannot appropriate them. The Roads Ordinance, 1862. No. 19 of Series. Sec. 11. Empowers two Justices of the Peace to determine com- Ultra vires. plaints against officers of Road Boards for detaining books or other property. Sec. 31. Gives appeal with regard to rates to Resident Magis- Ditto. trate or Justices of the Peace. Sec. 34. Provides for levying rates in arrear by distress warrant. Ditto. The Tolls Ordinance, 1866. No. 65 of Series. Sec. 26. Empowers the Superintendent to make by-laws and Seems ultra vires. The Proattach penalties. vincial Legislature has power to create offences, but it cannot give that power to'any other body. The Roads Ordinance 1862 Amendment Ordinance, 1867. Nothing objectionable in this Ordinance.