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DIGEST OF GENERAL ASSEMBLY LAWS, 1865.— No. IV.

THK DISEASED CATTLE AMENDMENT ACT. This Act contaius ten clauses, and received his Exoellcuoy's assent, on behalf of her Majesty, on the 26th September. Sections G and 11 of the Diseased Cattle Aot, 1861, are repaalerf. The Inspector of Diseased Cattle is to receive a fee of 2s. 6tl. for every head of oattle inspected by him on board any shipprovided that no greater sum is paid than £10 in the aggregate in respect of cattle brought by any one vessel. All the fee* are to be paid over to the Provincial Treasurer, and if due provision be not made by the Superintendent and Provincial Council for the payment of the Inspector's salary, and other expenses incidental to the Act, the fees are to bo made payable to the Colonial Treasurer for the service of the General Government. The Governor may, by au order in Council, nnnnl or va» y declarations and prohibitions previously published by himself under the authority of the Act, or by the Superintendent of the province, under any power delegated to him. The same powerof annulling or varying declarations made by the Superintendent of the province may also be delegated by the Governor to Superintendents. All orders in Council, and regulations made by the Governor, under the authority of the Act, are to be published in the New Zealand Qazetle, and take effect from and after such a day subsequent to the first publication thereof in the Qaztltc as may bo prescribed by the Governor. All declarations made by the Superintendent of any province under any power delegated to him are to be published in the New Zealand Ga:et(e, and in the provincial Gazette, and take effect from a day named therein. No such declarations aie to remain in force over a period of three mouths, without the assent of the Governor, and all orders or proclamations heretofore inn do by the Governor or Superintendent aie to be deemed to have been as valid and effectual in law as if issued under the authority of this Act. Nothing contained iu the piesent Act will be deemed to repeal or affect declarations published under the authority of the Act of 1861, until and except under the powers hereby created the same may be annulled ov vaiieil. The last clause is an interpretation clause, and iudicates that by the toun " the said Act" is meant the Diseased Cattle Act, 1861. THE PUBLIC DOMAINS ACT AMENDMENT ACT. This Act was introduced into the House of Representatives by Mr. Sewell, and received his Excellency's assent on the 26th September. The preamble sets foith that doubts have arisen whether, under the Public Domains Act, 1860, the Governor was authoiiscd to delegate power under the Act to more persons thau one ; and it was deemed expedient that he should be so authorised. By the Ancklnud and Drury Railw ay Act, 18C3, the Superintendent of Auckland was empowered to make and maintaiu a railway from Auckland to Drury and to take compulsorily for the purposes thereof ooitain lands referred to iu the plans and books of reference of the railway deposited in the Private Bill Office. Certain portions of the Auckland Domain, haviug been required for the said railway, weie taken by the Superintendent under the authoiity of the Auckland and Dmy Railway Act, 1863, and the suid railway constiucted thoreon. By the Public Domains Act, 1S60, the lauds are declared to be Crowu lands, to be dealt with by the Governor; audinthe Auckland and Drury Railway Act, 1S63, uo special provisionLunadeauthorising the Governor lo convey the land lequiicd for the said railway to the Superintendent ; and inasmuch us the Ciowu is not specially named theiciu, doubts have aiisen whether the Lands Clauses Consolidation Act, 1S63, purpoited to be mcoi pouted in the said Railway Act, would apply to the Crowu, so as to enable compensation to be paid by the Superintendent for the land taken, and for injmy to the remaining portion of the Domain by seveiance and otheiuise. It is, therefoie, considered expedient to make provision for the asceitainment of such compensation, and to enable the Governor to convey the land. The interpretation clause sets foith that the word " person" in the 11th section of the Public Domains Act, 1860, shall be deemed to include more peisons than one; aud no delegation of poweis made under the said 11th section is to become void by lesignation or death of the persons named therein. The Auckland, and Drmy Railway Act, 1S63, and the Ac's incorporated therewith, are declared to apply to the Crown and the Governor, or persons authorised by him to sign all deeds requisite for ascertaining claim* for compensation, obtaining payment theieof, vesting the lands iu the Superintendent, and extinguishing the title of the Crowu thereto. Compensation money will be deemed money teceived muler the Public Domains Act, 1860, aud so far as applicable will be applied to the Auckland Public Domain. Persons delegated under the Public Domains Act, 1S60, are einpoweied tnmike byelaws for the management of the Domain, government of all peisons and vehicles fiequentmg the same, regulating the time of admission and exclusion , depasturing of cattle, pro servation of plants and animals, exclusion of dogs or other animals, and for their destruction, if intruding therein, ai w«.ll as the pieventioii of any nuisance. The bye laws aie to be in writing, signed by oue of the delegated peisons, and may from time to time be repealed, altered, or substituted. The substance of the bye-laws is to be made public by exhibition at each public entrance into the Domain, and the bye-laws when so published, are to be binding upon all patties. Peisons offending against any bye law will be liable to forfeit a sum not exceeding £5 ; and if the infraction of the bye-laws be attended with danger to the public, it will be lawful for a peace officer summarily to interfere, without prejudice to any penalty incuircd. The penalties may be recovered in a summary way, and are to be paid into the Colonial Treasury, for thopui poses of the Public Douiaius Act, I860. THE REPRESENTATION ACT. This Act was introduced by Mr. Weld, subsequently adopted by Mr. Stafford, and received his Excellency's assent on behalf of her Majesty on the 30th October. It provides that, after the termination of the present session of the Geueial Asserablf, the House of Representatives shall consist of 70 members. For the purpose of the future election of members of the House, the electoral districts of Waimea, Cheviot, Kaiapoi, Avon, Heathcote, Ellesmere, Akaro*, Timimi, Hampden, Dunedin and Suburbs North, Dunedin and Suburbs South, Bruce, and Wallace, are annulled, and the electoral districts as defined iu the schedule are constituted in their stead ; and the Colonial Secretary is to cause properly authenticated maps of the electoial districts constituted by the Act to be deposited in the office of the Clerk of the House of Representatives. Immediately after the passing of the Act, registiation officers arc to be appointed for the new districts, and form electoral rolls for such districts. For the purpose of framing such rolls the name of every elector on the roll framed under the provisions of the Registration of Electors Act, 1858, whose qualification may be in respect of lands and tenements situate within either of the electoral districts constituted by the Act, is to be placed on the new electoral roll for the district in which the lands and tenements for which he is registered may be situate— provided, that if any elector on the former rolls be registered in respect of property situate in two or more of the new distticts, the Registration Officer, in forming the now rolls, may omit the name of such elector from one or more of the 3 oils of the new electoral districts, within which he may not appear to the Registration Officer to have a sufficient qualification. The Governor is empowered to publish the new electoral rolls ; aud from the day of sueh publication, the electoral rollit to be used for all purposes until a reviled electoral roll may be in force. Writs will not be issued for the election of members of the House of Representatives for the districts constituted by the Act, until after the dissolution or expiration of the present Parliament. The schedule attached defines the boundaries of the various electoral districts.

THIS WELLINGTON HOSPITAL RESERVES ACT. This bill was introduced by Mr. Brandon, and received the Governor's assent on the 26th September. The preamble itates that by a Grown grant, dated the 5th day of November, 1851, certain lands situate in the town of Wellington were granted to the holderi of certain offices to be held upon trust ; and certain offices having been abolished and new trustees appointed, doubts have arisen respecting the validity of such appointments. It is, therefore, enacted that all peraons whose appointments as trustees of the Wellington Hospital Reserves may have been notified in the New Zealand Gazette, by direction of the Governor, will be deemed to have|been duly appointed ai such trustee. The Governor may also fiom time to time appoint trustees by Notification in tho New Zealand Gazette, provided that the total number do nob exceed five ; and on the leiignation or death of a trustee tho Governor is empowered to appoint a trustee in bis ste»d, by notification in the New Zealand Gazette The lands and securities held by the outgoing trustee will vest in tho new trustee conjointly with the continuing trustees without »ny assignment orconveyanoe.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/DSC18651122.2.21

Bibliographic details

Daily Southern Cross, Volume XXI, Issue 2604, 22 November 1865, Page 5

Word Count
1,597

DIGEST OF GENERAL ASSEMBLY LAWS, 1865.—No. IV. Daily Southern Cross, Volume XXI, Issue 2604, 22 November 1865, Page 5

DIGEST OF GENERAL ASSEMBLY LAWS, 1865.—No. IV. Daily Southern Cross, Volume XXI, Issue 2604, 22 November 1865, Page 5