ACTS OF THE LAST GENERAL ASSEMBLY.

Wanganui Chronicle, Volume 5, Issue 269, 21 November 1861, Page 4

ACTS OF THE LAST GENERAL ASSEMBLY.

Having now received the remaining Acts, we finish the Summary of them begun in onr impression, of 26. th Sept. 15. Is an act to ajnend the Canterbury and Otago boundary act. It refers to the rights of runholders in the locality fected--16. Ap act to authorize the preparation and the interim validity of amended Standing Orders for Private bills. This act gives authority to the Speaker of the Legislative Council, the Speaker of the house of Representatives, and the chairman of committees of the house of liepresentatives, to annul, any time before the first of January next, the present Standing Orders relative to Private bills, and to prepare new Standing Orders ; the object in the change being to afford greater protection to the rights and interests of persons, promoting or opposing , private bills in the General Assembly. 18, An act to apportion the public debts of the former province of Otago between the provinces of Otago and Southland.

These debts are, —1. The principal sum of £BI,OOO, part of the New Zealand loan of £500,000, falling to be reimbursed by Otago ; and 2. Any part of the sum of £35,000, raised as a provincial loan prior" to the Ist April, 1861, and not repaid. The Superintendents of the two provinces appoint each an arbitrator; an umpire is. chosen by the arbitrators, or if not by-the Governor; an award must be made by the arbitrators within twelve .months from 6tli Sept. 1861, or if not, the umpire must make an award within four months thereafter. The award thus made is to be final; the expences are paid by the two provinces equally ; the security on which the loans are raised is not to be effected by the apportionment. 16. An act for declaring the effect of the “ "Waste Lands act 1858,” so far as the same relates to Naval and-Mi-litary settlers in the province of Hawke’s Bay.

This act extends to Hawke’s Bay the provisions for the giving of grants of land to naval and.military setters. 20. An act to amend the Regulations for the sale or disposal of Crown Lands in the province of Nelson. By this act the Waste Lands Board may reserve any blocks of land which the Provincial Government may intend to prepare for settlement by* the making of roads, &c. The money so. expended is to be- added to* the price, of the land ; the making of roads may be paid for to the contractors by land. All such reservations of land must be- made known in the Provincial' Government Gazette, and; shallnot continue- in force longer than two years. For mineral lands leased a rent must be paid of fid. per acre for each of the first two years, and Is p®r acre per annum for the remainder of the lease. There also must be paid a royalty of from 2 per cent, to 4 percent, on the minerals raised. These regulations do not apply to gold fields.

, 21. An act to enable the Superintendent of the province of Auckland to issue certificates by way of Land orders to- certain' persons. This act is to . authorize the SuperinScotia in 1857 the right of free selection granted under the Auckland Waste Lands regulations 1855. 22. An act to regulate the descent of lands held by persons of the Native race under title derived from the Crown. In case of a native who holds land under title from the Crown dying intestate, the Governor is authorised to appoint a commissioner to inquire who is entitled to succeed. The intention to make such an inquiry shall be notified three months beforehand at the place concerned. The commission shall report the result to the Governor, who shall by order in council declare who. are the rightful claimants.

The last three acts are reserved for her Majesty’s approval. 24. An act to provide for the Audit of the accounts of Provincial Governments. <

The Superintendent -.and Provincial Council, or failing them within a certain time the Governor, nominates an auditor and deputy auditor, who are in either case appointed by the Speaker. - ..These officers shall retain their offices till they resign, or are removed by the. Governor ;qn the requisition of not less than twrot)airda of the Provincial,Council... Their

salaries are; to, , .charge/on i the provinces. They shall not sit in the Council, or be Superintendent, or take any con-, tract. The deputy auditor shall act/ ip the illness or absence, or on the death of his principal. , Their duties are,- — : . 1. To examine the aci ounfcs of. all persons entrusted .with the collection, custody, receipt and issue, of public money, and stores of the Provincial Government.

•2. To call upon all persons in the service of the Provincial. Government, who may be in charge of public money belonging to such Government, for all" necessary or proper explanation respecting the receipts and expenditure, and respecting all matters necessary to enable the Provincial Auditor to discharge his duties under this act.

3. To bring under the consideration of the Superintendent every circumstance necessary to be known to insure the faithful discharge by such persons of their several duties, in conformity ."with the laws and regulations now or hereafter to be in force. , 4. To examine the accounts and ; balance sheets, to .be forwarded for examination by the Superintendent under the above act, with a view to, ascertain,—-Ist,' That the same are in the form required, and “are correct as.accounts andb'aTanoe sheets of transactions for periods nomj>ri«erl therein, 2nd, That the expenditure shown thereon lias been properly, classified, and that any part thereof which may have been incurred without authority of law is separately shown. . ; 5. To address to the Superintendent all queries and observations that may be .faund proper or necessary for the elucidation of such statements. 6. To forthwith transmit to the Speaker of the Provincial Council of the province to which such account, balance sheet, re-, port, and observations relate, , a copy of the same. 7. To transmit to the Governor one of the duplicate accounts and balance sheets forwarded for examination by the Superintendent, together with a full report and observations on the same, in such form as shall be from time to time prescribed by the Governor in that behalf. -.

The Superintendent shall cause quarterly accounts of the income and expenditure of the province to be made out, which shall be published in the Government Gazette. If public money be expended otherwise than for the public service, the auditor shall prosecute the offender. If public money he |expended otherwise than for the public service without lawful authority, he shall lay the case or cases before the Speaker of the Council within one week after it has met, and every offence shall be liable to a penalty of not more than £IOO, payment of which the Auditor shall enforce, provided threefifths of the entire niimber of the Council agree to prosecute. Any such prosecution may bp. set aside by an act of indemnity, The auditor must countersign all warrants for the issue of money from the provincial t^easmy* 25. An act: to, amend tli,c PubKc Debt Apportionment act, , .

This refers to Canterbury and Otago, which were each burdened with 77,500/ of the 500,000/ New Zealand lsan. Their boundaries are now altered, and- their respective proportions of the debt are declared to be, for Otago 74,000/, and for Canterbury 81,000/. 26. An act to amend the New Provinces act, 1858. . This act provides that a petition for the, establishment of a new province must he signed by at least 201 electors, must be published for eight successive weeks in a paper issued in the. .chief town of the province, and shall confine itself to an expression of the wishes of the subscribers for the establishment of a new province, and a statement of the population, Ac. of the district - proposed- to be formed into a new province. 27. An act to amend the Customs Duties act 1858. This act allows wine, spirits; &c. to be delivered from bond for the consumption of officers of her Majesty’s troops without payment of duty. 28. An act to provide for the protection of certain animals and birds within the colony of New Zealand. As this is a game law in which every settler has a direct interest we give it in full.

' WHEREAS it is expedient to provide for the protection of certain, animals and birds within New Zealand, and the increase arising therefrom, and to encourage the : importation into the- oolony of certain animals XJJE 'IT ''THEREFORE' ENACTED, by the General Assembly of New Zealand in Parliament assembled, and by-the authority of the sam', as follows : I. The short title of this act shall be, the “Protection of certain Animals act 1861.” . 11. No deer of any kind, hare, swan, partridge, English plover, rook, starling, thrush, or blackbird, shall be hunted, taken, or killed, at any time whatever before'the first day of March which shall be in the year one' thousand eight hundred and seventy, and after that day only during the months of March, April, May, June, and July in any year, unless as hereinafter provided in the 10th section of this act.

111. No pheasant or quail shall be hunted* taken, or killed except'diiring themonths of March, April, May, Jfine, and July in any year. ' ' ' v

IV. No wild duck or wild goose of any imported species whatever- shall be hunted, taken, or killed, except during the months of March, April 1 , May, June, July, or-August, in any year. V. None of the animals or birds here-, inbefore mentioned shall be poisoned, trapped j or taken by means of traps, nets, springesj or other means than hunting •or shooting, at any time whatever, nor shall any trap;, net, pr Snare be made,

erected,, orset,, either,whollyor- in/; part, for the purpose of.such trapping or. taking.* 1., ;VI. No person shall have in possession any of the. animals or birds hereinbefore mentioned, except during the months hereinbefore respectively specified, without lawful excuse, the proof whereof shall be on the party charged ; and any such animal or bird found in possession of any person, shall be presumed to have been taken or killed by such person, contrary to the provisions of this act, until proof to the contrary be given by such person. - / VII.' No person shall sell or offer for sale, or buy or offer to buy, any such animal or bird, except during the months within which it shall be lawful* to take or kill any of the said animals or birds respectively, or shall take or wilfully destroy any egg of any such bird.

VIII. It shall, be lawful for the Governor of New Zealand to authorise any person or persons to catch or take any such animals or birds, or the eggs of any such birds, for the'purpose of distributing and turning out the same in some other part of the colony or province respectively. Provided, that nothing herein contained shall be deemed to authorise any person or persons to commit a trespass. VIII. It shall be lawful for the Governor of New Zealand, by proclamation published in the New Zealand Gazette, to proclaim and declare as to any parts of the colony that any other animals or birds not hereinbefore mentioned, or the birds specified in the third section of this act, shall be protected and come under the operation of such of the provisions of this act as may be specified in such proclamation, and from time to time to revoke, alter, or amend such proclamation. [X. It shall be lawful for- the Governor of New Zealand in Council, by ‘proclamation published in. the A etc Zealand Gazette, as to any part or parts of the colony, to declare that the whole or any of the animals or birds specified in the second section of this act, or any other animals or birds which may be hereafter proclaimed as under the protection of this act, may be hunted, taken, or killed during the months of March, April, May* June, and July in each year before the first day of March one thousand eight hundred and seventy. ' ;

XI. Every , offence against any provision of this act shall be., punished, on conviction before a Resident Magistrate or two or more Justices of the Peace, by a fine not exceeding twenty pounds nor less than one pound in respect of any male animal or bird, and not exceeding forty pmxnd3 nor less than two pounds in respect of any female animal or bird, onehalf of any such fine to he paid to the person or persons who- shall he instrumental in procuring any such conviction, in such proportion as the convicting Resident Magistrate of Justices shall specify. . # XII. Nothing in this act shall extend to prevent the owner of the agent of any owner of any animal or bird, which shall be kept in confinement or on any enclosed ground, from causing any such animal or bird so kept or confined, to be taken or killed. ,

XIII. The Governor in Council may, by warrant under his hand, from time to time delegate to any Superintendent of any province within the said, colony, all or any of the powers : vested in the Governor or the Governor- in Council by this act, subject to. such regulations as he may think" fit, and may from time to time rescind such delegation. XIY. Nothing in this act shall prevent or interfere with the operation of an : act of the Provincial Council of Nelson, session 8,‘.N0. "6, intituled, “An act 'to provide for the protection of certain animals, birds, and fishes imported into the province of Nelson.” ' ‘ 29. An act to divide the province of Auckland into new Electoral districts' for the election of members of the

Provincial Council. This enacts that the Council shall consist of 35 members, to be elected in twelve districts. 30. An act for the due rendering of accounts by official administrators ceasing to hold the office of Registrar of the Supreme Court. 31. An act to provide for the settlement of certain outstanding claims by pensioners lately serving in the New Zealand Fencible force. This act is reserved for'her Majesty’s consent, and provides that all' pensioners or their representatives shall send in their olaimo. ~VI~ cinity of Pensioner villages within three months of the act coming in force ; and they shall receive a Land order according to the award of a commissioner appointed to settle such claims. 32. An act to amend the act of the legislature of the province of .Auckland, intituled “ the -Immigration certificate act 1858.” ’ This act allows residence lii Auckland province to' entitle to a grant under the act of 1858 as much as occupation of the land itself. • . 33. An act for the taxation; of. costs on Private bills in the General ■ Assembly., Under this act an officer is to he appointed to tax those costs. 34. Ah act for giving effect to; Regm lations under the. “ Land Registry; : act 1860, ’ ’' and for amending 'the. . -?.g^fciclnet;- '.."'-''"'."’fThe object of this act. is to simplify tho transfer of land, and to.. give more doubted titles. For thisjmipose, maps" are to be made in each dijstrici ,of-all Crownlands disposed. of,' hayih|sefeip ences to,an index, in which index-refer-, ence is also to be made' ,to all enjtries in the Registers relating to. the land," Another index is. to be kept' with the naraes; of;parties having 'to ' do - sxith the' kiids.* registered* ,' ; ;I a : ’ Bepajrate- "registers ; are*

fco. be kept of the proprietors ; 2nd, of mortgagees and. others: interested.; an!d the nature of their claims ; t 3rd, of leases. Alterations are made oh these when the land is sold or passes to an heir, or the mortgage or other burden is removed. The Registrar General has power to make and alter regulations for the correction of errors and supplying of omissions in entries, and for the orderly transaction of the business of the department. The Governor in Council has power to -make and alter regulations for the general carrying out of the act. / 35. An act for correcting surveys of . .land. This act provides for the survey of allotments of land, the boundaries of which may be'found .not to agree with the maps in the" Registration office. ~ The corrected maps made after such survey are to be held as marking the true ooundariqs of the lands in question, and notification thereof is to be given' in the Provincial Government Gazette. -

; 36. Ah apt to amend the “Civil. Service Superannuation act 1858.” . This act is to give the act of 1858 a retrospective effect—persons in the civil service of the colony before the passing of that act being now held as entitled to a retiring allowance if . they have served! 15 years, and are above the' age of 50. 37. An act to apply certain sums out of the ordinary revenue and other' monies to the service of the year ending 30th June 1862. This appropriation act, besides allowing £142,426 Is 6d for the General Government expences in > addition! : tb the Civil Lists,falso provides for the issue of Exchequer bills to. the amount of £30,000, half for the purchase of arms, half for local defence. Private Acts. 4. An act -for the construction of a railway from Picton harbour to. the . Wairau. This act is reserved for the signification of her Majesty’s pleasure. ' THE -WAR- IN NEW ZEALAND,2’he Maori King movement' in New Zealand, which has now assumed proportions so menacing, is of no' mushroom growth. Eor years tlie natives of - New ! Zealand,. who are too keen-witted riot tp: perceive the advantages of law, have contrasted l condition with the regulated life of the Pakehas, aud longed for a powerful magisterial authority to take cognizance of Maori matters. This feeling, culminated in the erection of Botatau’s flagstaff. tVe ary of waiting for a- Maori Magistrate appointed by the Anglish Queen, the Maories resolved to create a King of their-own. They acknowledged that they had derived benefit from the presence of the horses, their cattle, their carts, their mills, their coasters, and their clothes were too palpable proofs of this fact to permit them fi»r a moment to question it ; but at the same time they were coin scious that they were wasting away like a sBOw-wreath in May .before the light of European civilisation. The reason of this dwindling they found in the. superior social organisation of the Pakehas, atul this they were eager to emiilate, .whilst yet there; was time. Rightly or wrongly, they accused the British (jovernraent of caring far more for Maori lands than Maori morals—they asserted that the only steps which that Government took to check crime amongst the Maories began, and ended In a letter from the Native Department, or a leader in the Maori Messenger, advising the peccant persons not to be naughty again; and naturally considering such a -sytse.m of. police most puerile,, ‘they set. to work to- dfecoyer. a meansof doing ..for themseives what,. in - their opinion, their whitefaced visitors ought to have done for, them, in, recompense for the intrusion to which; they had been obliged to submit. Thompson, the autipodian B «rl of Warwick, had expressly declared that when the King, mqvemeht originated, ; no thought was entertained, of subverting the Queen’s authority—the in-; tention was to establish a Maori Govern meat iu subordination to the British, to look after Maori affairs which the British Gov : ernmeut was said to neglect. "Very diffe-. rent, language is now employed. It- is ; stated in so 'many, words, and if it .were not stated it would be apparent from facts, that the design of the Maori King part is to render thejr. monarch supreme in New •Zealand—to j lace the British colonists in the position of squatters on sufferance.; To earn; out these' view's, ;‘a. lhrge t meeting of tfie Waikitf6es“ariu- tfflierst'adiierfents- bf the King movement recently tobk place at Ngaruawhia. Governor Browne: considered tills gathering so formidably pregnant a. sign of the times that; lie .thought it bis duty; to address a proclamation of stern rebuke and itnmistakeable menace to tlioSe who took part in the assembly. 7/e pointed out to them—« fact, of which’ they were well' •enough, aware J their policy " was -inconsistent with their allegiance do the -Queen, aiid‘in , violation of the treaty pf .Waitaiigi.; Ho gave details of the manner in ’ which they bad carried their theory into : practice—how they had. openly abetded.and; : secretiy succoured rebels against the British • Crown, march 3d on A uoklarid with the in'* tentioh of preventing;, ■ by; intimidation,. the -exercise of British law, stopped ; . i ßritish mails, done violence to jJritish subjects,, and ;in other ways manifested their, contempt • for British authority. The Goyernpr very plainly intimated: that' he Would. have no more of this—that he had; received com* ?manda. from her/Majesty to. make her sway Extend, ; beyond; ; ;question, ; throughout the length. ; and breadth of New Zealand, 'There can be . 'little.- hope,,,we Tear., that . the 'VTaikataes;; ■ wiio , a, a time ago • would' riot defeated; by harff plows*. butmarcbed.off, the field pf battjedriumphqnt. wiil' sufier,-Jiemselys. to •be * vanquished by harp words. War vUJ.eust

begin again'if 4)ie re sTitiiti o li} - compensation, anil; submission i ,which'’ the marids;.areto be obtained from the haughtyWaikatoes and. their allies. The British force- in and off/New /Zealand—7ooo regulars, a respectable body of militia and volunteers, and five/ships of war—ought surely to'be sufficient to subjugate* the Maories. It were well it were done quickly., Avery day the war may ast will add an additional fester to the envenomed feelings with which the.settlers whose houses have beeu burned, crops destroyed, Jocks and herds harried, friends : and relatives barbarously murdered in cold blood, naturally regard the'r hat rifoes. Severe measures, 'so;long as they be d cisive, will prove thq truest mercy. The alternative is the ultimate extermination of the Maorielby !the exasperated settlers. The Maories once thoroughly subdued, their adhesion to British law&ona- fideobtained, it might be well, perhaps, to let the jo, cal Legislature g -vern t hem. ■; Auckland - must know more of Maori matters than Downing Street. It is a fth< ar calumny to assert that New Zealand settlers are a set of - sanguinary wretches, who do riot care 'how mucli blood.they in order to obtain 4‘ Naboth’s vineyards.” They might; it is true, becoriie bloodthirsty enough’—as wln» ■ would not ?—if they were longVcompeiled to : ; suffer from the .effects of a war in bringing 1 about which: they had no share,;., but self- * interest,,to say nothing of. higher motives, 1 would lead them to treat the Maories well ! if they were made responsible for- hostilities against, them. If. the *ettlers had had their: way, tlie King lriovement would; never have takeu;place; or, : if it had taken place, would’ have been utilised mentis of making the Maories contented British subjects. The . Imperial reservation of fthemanagement of! the Maories, and the impunity which that reservation has given io. the/ ' inflammatory action-of ambitious unpatrioticp priests, liiivebeeu the - main causes- of -orir Jkfst pasts and present troubles in? New Zealand. Cue word ill conclusion; - ted as is the nature of New ZcaJiuid 1 titles to land, the right of conquest; appears to be' au ; overruling principle, A’ow since in all probability the war an which we are - about- to* engage will be in the widest sense;* national oiie, ’Whoii ib is! finished by hhe 1 conquest: -’of ‘ ibe Maories; tlie * whole \of/New Zeaferid,-; .even in Maori estimation; will belong t<»' : Great Britain.. Let thedan'd 1 i.’tliferi.’'-be;.! ; r£* V; ' granted to individuals' with individual rights of sale,: . and ' thus;the; vexata qUecslio ■ of “ tribal tenure”* will be. settled for ever,— Scotsman Aug. 20th.

v Extraordinary Occurrence A western editor,on eiiteringvhis office, arid seeing .his... Jpprtjtice boy cutting some/ queer capers, called out to him, ‘Jim.’.wkat ire doing on the floor ?’ ‘why, sir, I, irave had a shock.’'' ‘A shock?’ * Yes, sir.’ ■‘AVhat;. kind of a shock-?’/‘ Why, sir,’ said the lad, gasping* * diiri of your subscribers came in during your, r absence-r-said he owed for two years’ .sub-. scriptioii-rrpaid it—and also paid i year in advance.’ ‘ln advance! gasped the editor, nearly as much overcome as his loiie apprentice. ‘ Yes, sir* and it has produced such an effect upon me that I have been perfectly helpless ever since.’ , ‘ well, you may, ffim. • Budget up ;■ if you survive this* you are safe, as there is a little prospect of such ■ another catastrophe :iu this office.’ . ; ; ' : v ■■ " ! V,