9 A.—No.
transmitting copies of eight Acts passed by the Provincial Council of Wellington, and assented to b your Honor on behalf of His Excellency. The Hon. the Attorney-General has advised that the three under-mentioned Acts— "Manawatu Bace Course Act, 1865;" "Hutt Eace Course Act, 1865;" and "Wairarapa Eace Course Act, 1865," have been rendered invalid by reason of their not being reserved for the assent of the Governor, a required by the 4th section of the "Public Eeservos Act Amendment Act, 1862." For these reasons I am compelled to advise His Excellency to disallow these Acts. These Acts do not, in other respects, comply with those provisions of the Public Eeserves Ads of the General Assembly which require the Crown Grant to the Superintendent of the land purporting to be dealt with to have been first issued, and also, when it is desired, to transfer the estate unde the 2nd section of the Amendment Act of 1862 ; the transfer must be to a corporate body having suc cession. The Bill should not, lam also advised, contain general powers of sale or leasing but there ought to be a special Act in each case. The following Acts are left to their operation :— An Act to Amend the District Highways Act, Sess. 9, No. 10, and Sess. 10, No. 4. The Appropriation Act, 1865-6. An Act to Amend the Licensing Ordinances now in force in the Province of Wellington. An Act to Eepeal the Wellington Town Board Act now in force in the Province of Wellington. An Act to Eepeal clause 27 of the Market Act, 1854, so far as concerns the City of Wellington. I have, however, the honor to point out, with a view to their amendment, some apparent delects which may interfere with their beneficial operation. The Act recited in the District Highways Amendment Act is not correctly named. The Short Title of the Act is the " District Highways Act, 1862." Some of the provisions of the Licensing Amendment Act appear obscure. The object of the Act is not clearly expressed. Neither does it clearly appear whether the licenses are to be for one year or for*a less period, or whether they are to commence from the day of the meeting, or by whom in that case they are to be granted. The form of the certificate which the Magistrates (sec. 2) are authorised to issue, seems inapplicable to the circumstance established by the Act. There are some provisions of questionable validity in the Town Boards Act. The 3rd section defines and alters the boundaries of the City or Town of Wellington, and it is doubtful whether the Act should not have been reserved under section 27 of the Constitution Act. A Schedule is referred to in section 19 of this Act, but the Act sent contains none. It is doubtful whether section 37 is not ultra vires, as a Provincial Legislature cannot prescribe forms and methods of procedure in a Court of Justice. I have not advised the disallowance of the Act, but I would suggest to your Honor the advisability of applying t> the Genoral Assembly for an Act va'iditing the At in question. With respect to the Market Amendment Act, it seems impossible to see to what extent compensation under it might not be claimed, and it is difficult to see what rule can be adopted under it for granting compensation. I have, &c, His Honor the Superintendent, Wellington. E, W. Stafford. PEOVINCE OF SOUTHLAND. No. 1. His honor j. p. taylor to the hon. j. c. bichxiond. Sir,— Superintendent's Office, Southland, 12th July, 1865. I have the honor to enclose herewith in duplicate copies of the Bills named in the margin, and to request that you will be good enough to obtain the assent of His Excellency the Governor thereto. T , I have, &c, John P. Tayloe, The Hon. the Colonial Secretary, Wellington. Superintendent. ———————————— XT- o INO- ZThe HON. J. C. RICHMOND to HIS HONOR J. P. TAYLOE. Sir, — Colonial Secretary's Office, Southland, 17th August, 1865. I have to acknowledge the receipt of your Honor's letter of the 12th ult., transmitting copies of five Bills passed by the Provincial Council of Southland, and reserved by your Honor for the signification of the Governor's pleasure thereon. I proceed to notice these Bills respectively. There is no legal objection to the " Provincial Auditor and Deputy Auditor's Salaries' Ordinance 1865," and to the " Appropriation Ordinance, 1865," and His Excellency has been advised to assent to these Bills. I return to your Honor these Bills, with such assent duly noted thereon. With respect to the " Police Ordinance, 1865," there are several objections which prevent Ministers from being able to recommend His Excellency the Governor to assent to it. Every Justice of the Peace, by virtue of bis Commission, has authority to issue his Search Warrant to seek for property
y s r - Provincial Audi tor au'\ Deputy Allllitor's Salary £'". 18e5Police Bill, 1865. Licensing Bill, 1865. Bill, 1865. ' Appropriation Bill, No. 4, J865.
9
DISALLOWANCE OF PROVINCIAL BILLS.
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