DISALLOWANCE OF PROVINCIAL BILLS.

Appendix to the Journals of the House of Representatives, 1873 Session I, A-04a

A.—4a

1873. NEW ZEALAND.

DISALLOWANCE OF PROVINCIAL BILLS.

{Presented to both Houses of the General Assembly by command of Sis Excellency.)

No. 1. His Honor J. D. Oehond to the Hon. the Colonial Seceetaby. g IEj Superintendent's Office, Napier, 14th July, 1873. I have the honor to to transmit Acts, in duplicate, as follows: — " The Hawke's Bay Sheep Act, 1873 ;" " The Education Act, 1573 ;" " The Public Park and Botanical Garden Act, 1873;" and " The Slaughter House Amendment Act, 1873 ;" and trust you will advise His Excellency the Governor to assent to the same. I have, &c, J. D. Ormond, The Hon. the Colonial Secretary. Superintendent.

No. 2. The Hon. D. Pollen to His Honor the Superintendent of Hawke's Bay. Sic, — Colonial Secretary's Office, Wellington, 6th August, 1873. I have the honor to acknowledge the receipt of your letter of the 14th ultimo, enclosing four Acts passed by the Provincial Council of Hawke's Bay, viz.:— " The Hawke's Bay Sheep Act, 1872 ; " " The Public Park and Botanical Garden Act, 1873 ; " " The Education Act, 1873 ; " and " The Slaughter House Amendment Act, 1873 ; " which your Honor had reserved for His Excellency's assent. In reply, I have to inform your Honor that His Excellency will be advised to assent to the three lastnamed Acts, but with respect to the Hawke's Bay Sheep Act, the Government is advised that there are many provisions imposing pecuniary penalties on breaches of the Act, several of which evidently show that the penalties were deemed to be recovered on information laid and conviction by Justices, but section 37 provides that these penalties are debts to the Inspector, recoverable by him. There is, therefore, a repugnance in these provisions which may prevent the working of the Act. If the penalties are recoverable on information laid and conviction, then Provincial legislation cannot provide that these shall be debts—they are revenue, and cannot be converted into debts and made recoverable as such. The Act ought not to have declared these penalties to be debts, but only that they should be recoverable on summary conviction before one or more Justices. Sections 27 and 28 are, the Government is advised, ultra vires. Provincial Legislatures cannot regulate the procedure before Justices in summary proceedings for recovery of penalties. These proceedings are regulated by Acts of the General Assembly. For the above reasons His Excellency will be advised to withhold his assent to the Act in question. I have, &c., His Honor the Superintendent of Hawke's Bay. Daniel Pollen.

No. 3. The Hon. D. Pollen to His Honor the Supebintendent of Hawke's Bay. Sic,— Colonial Secretary's Office, Wellington, Bth August, 1873. Adverting to my letter No. 206, of the 6th instant, I have the honor to transmit to you duplicates of the following Acts, with His Excellency's assent duly noted thereon, viz.:— " The Education Act, 1873 j " "The Public Park and Botanical Garden Act, 1873 ;" and " The Slaughter House Act Amendment Act, 1873." I have, &c, His Honor the Superintendent of Hawke's Bay. Daniel Pollen. By Authority : Geobge Didsbuhy, Government Printer, Wellington—lB73. Price 3d]