THE ORDINANCES.

Nelson Examiner and New Zealand Chronicle, Volume III, 5 October 1844, Page 3

THE ORDINANCES.

Ten weeks after the Legislative Council has closed its labours, copies of the ordinances passed are received in Nelson by the Government officers, but, as far as we can learn, there are no copies received in the settlement which are obtainable by the inhabitants, or even by the members of the legal profession. As many of these laws are already in/force, we shall reprint the most important ernes in our paper as quickly as possible; but as* this will necessarily occupy some time, we have prepared the following summary : — t The Debentures Ordinance authorizes the Governor to issue debentures to the amount of £15,000, and make them a legal tender.

The Appropriation Ordinance enacts that «ny sum not exceeding £35,991 Is. shall be paid by the Colonial Treasurer to the order of the Governor, to the different depart* xnents as enumerated in a schedule appended to thebilL f Tha Imprisonment for Debt Ordinance give* power to persons wpo have been imprisoned

two months to petition a Judge for their discharge. The petition to be filed twenty-eight days before hearing. The prisoner not to be again taken in execution, but estate liable ; to furnish a list of debts due to him, and give a power of attorney to a detaining creditor to enable him to recover them. Persons guilty of contracting debts fraudulently, &c, may be imprisoned not exceeding two years; and for fraudulent disposition of property, may be imprisoned not exceeding three years. Creditors may be called on to pay not exceeding 4s. per week for maintenance of debtors when imprisoned. — Passed June 25, and came into operation immediately. • The Courts of Requests Ordinance abolishes County Courts. Courts of Requests have exclusize cognizance of all suits for sums not exceeding £20, except it be the balance of an account for a sum originally higher. Actions in this court may be taken into Supreme Court by consent of both parties; or, by a similar arrangement, actions which should have been tried in the Supreme Court may be heard in this. Judgment to be final. Court to sit twice a month. Solicitors or advocates not allowed to practise. When goods are insufficient to satisfy demand, body may be taken and imprisoned, for £5 and under, one month ; £5 to £10, two months; £10 and upwards, three months. Creditors to pay 4s. a week for maintenance of debtor while in prison, failing which he will be discharged. Commissioner has power to issue a warrant to arrest debtors leaving the colony in the absence of Judge of Supreme Court. — Came into operation Oct. 1.

The Native Trust Ordinance appoints five trustees, in whom is vested the control of all moneys arising from lands reserved for the natives. — Waits the royal confirmation.

r . ' The Auctioneers Amendment Ordinance repeals the auction duty and increases the license from £30 to £40. — To come into operation April 25, 1845.

f 'The Conveyancing Amendment Ordinance enacts that wills or codicils executed out of the colony, according to the Stat. 5 and 6 W. IV., chap. 62, shall be received in evidence in the colony. — Now in operation.

The Municipal Corporation Ordinance gives the Governor the power of declaring any settlement a borough which has a population of two thousand souls. The Council to have power to mak«- and keep in repair all streets, bridges, &c, the expenses of which to be defrayed by a borough rate. — To await the royal sanction. The Distillation Repeal Ordinance repeals the ordinance which prohibits distillation in the colony. — Waits the royal assent. .•'The Cattle Trespass Amendment Ordinance gives to magistrates the power of awarding damages to the amount of £20 for cattle trespassing on cultivated land, whether fenced or otherwise. — Now in operation. f /'The Summary Proceedings Amendment Ordinance gives power to persons convicted before magistrates to appeal in certain cases to Supreme Court; County Courts being abolished. — Now in operation. ,/^The Unsworn Testimony Ordinance allows natives who are not Christians to give evidence in courts of law. Now in operation. The Harbour Regulations Amendment Ordinance limits harbour regulations made by the Governor to two years, unless confirmed by her Majesty within that time.

*■ The Native Exemption Ordinance directs the mode of procedure in cases of crimes among the natives themselves, and in cases when crimes are committed by them against others. In the first instance, no steps are to be taken by a magistrate unless the information is laid by two of the principal chiefs of the tribe to which the injured party belongs ; and, when a warrant is issued, the execution of it must be left to two principal chiefs of the tribe of the offender. In the second instance, a warrant, issued by a magistrate, must be sent to a protector of abogines, who will forward it to two of the principal chiefs of the tribe of the offender. If the chiefs bring him to justice, they are entitled to receive certain fees ; but, if they think proper not to do so, there is no provision to compel them. Natives charged with theft will be allowed to go at large, on depositing four times the value of the article 6tolen, provided such deposit does not exceed £20 j the deposit to be forfeited if the offender does not appear to take his trial. Natives, when convicted of theft, will be liberated on paying four times the value of the goods stolen. No native to be subject to imprisonment for any civil action. — Now in operation. J^The Dog Nusiance Ordinance enacts that dogs round at large without their owner, may be seized by a constable, and, if not claimed within twenty-four hours, are to be hung. Dogs to be delivered up to the owners on payment of a sum of 58.

/The Land Claimants' Estate Ordinance has been passed for the purpose of removing doubts respecting the legal estate in lands granted to land claimants. yThe Licensing Amendment} the Union Bank of Australia, and the/German Naturalization Ordinances, have we believe, not been received.