(2.) No provincial law shall take effect until it shall have received the assent in writing either of the said superintendent or of the Governor of New Zealand: (3.) In giving or refusing his assent to any provincial law, or in reserving the same for the signification of the Governor's pleasure, the superintendent shall conform to such instructions in writing as he may from time to time receive from the Governor : (4.) In case the superintendent shall assent to any provincial law, he shall forthwith transmit to the Governor an authentic copy thereof: (5.) It shall be lawful for the Governor at any time after the date of such assent, and until the expiration of three months after such authentic copy of any provincial law shall have been received by him, to declare by proclamation his disallowance of such law; and such disallowance shall make void and annul the same from and after the day of the date of such proclamation or any subsequent day to be named therein : (6.) It shall not be lawful for the council or other legislative body of any province to pass, or for the superintendent or Governor to assent to, any Bill appropriating any money to the public service, unless the superintendent or Governor shall first have recommended to the council to make provision for the specific service to which such money is to be appropriated; and no such money shall be issued or made issuable except by warrants to be granted by the superintendent or Governor : (7.) It shall not be lawful for any such council or other body as aforesaid to pass, and for the said superintendent or Governor to assent to, any power of to Bills. 5. It shall not be competent to the Governor of New Zealand to assent to Limitation of any Bill passed by the Legislature of New Zealand which shall repeal or alter Governor's any of the provisions of the nineteenth clause of the first berein-before recited assenting Act of Parliament, but the said Governor (unless he shall refuse his assent to such Bill) shall reserve the same for the signification of Her Majesty's pleasure. 7. SUBJECT to the provisions of this Act, and of the said New Provinces Application of Act, the said two first herein-before recited Acts of Parliament shall apply to Acts to future provinces. all provinces at any time existing in New Zealand, in like manner and subject to the same conditions as the same apply to provinces established by the first herein-before recited Act of Parliament. General 8. AND whereas it is expedient to enable the General Assembly of New Zealand to repeal the seventy-third section of the first herein-before recited Act of Parliament: Be it further enacted as follows (that is to say): It shall Power to be lawful for the said General Assembly to alter or repeal all or any of the Assembly to provisions contained in the said section; and no Act passed by the said repeal or alter General Assembly, nor any part of such Act, shall be or be deemed to have 15 & 16 Vict. been invalid by reason that the same is repugnant to any of the said c. 72. provisions. sect. 73 of Meaning of "Governor." 9. IN the construction of this Act the term "Governor" shall mean the person for the time being lawfully administering the government of New Zealand. 24 & 25 Vict. cc. 96. 97, 99. and 100. Commencement of Act. Prosecution of offences made punishable on summary conviction in Ireland. Provisions in 24 & 25 Vict. cc. 96. and 97. relating to mode of compelling appearance not to extend to Ireland. Proceedings to be subject to provisions of 14 & 15 Vict. c. 93. and 21 & 22 Vict. c. 100., &c. CHAPTER 50. AN ACT to amend certain Provisions of the Acts of the Twenty-fourth and WHEREAS it is expedient to amend certain provisions of the Acts of the twenty-fourth and twenty-fifth years of Her Majesty, chapters ninety-six, ninety-seven, ninety-nine, and one hundred, respectively, relating to summary jurisdiction in Ireland: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. THIS Act shall commence and take effect on the first day of September one thousand eight hundred and sixty-two. 2. FROM and after the commencement of this Act every offence by this Act and the said recited Acts, respectively, made punishable on summary conviction in Ireland, may be prosecuted before any justice or justices sitting in petty sessions in Ireland, or before any two justices sitting out of petty sessions, (when the offender shall be unable to procure bail for his appearance at petty sessions,) or before any divisional justice of the police district of Dublin Metropolis; and no stipendiary magistrate in Ireland, not being a justice of the police district in Dublin Metropolis, shall have any further or other jurisdiction than any other justice of the peace in respect of any such offence. 3. THE provisions contained in the one hundred and fifth section of the said Act of the last session, chapter ninety-six, and in the sixty-second section of the said Act of the same session, chapter ninety-seven, relating to the mode of compelling the appearance of persons punishable on summary conviction, shall not extend to Ireland; and from and after the commencement of this Act, whenever information shall be given to any justice or justices in Ireland that any person has committed or is suspected to have committed any offence within the limits of the jurisdiction of such justice or justices for which such persons shall be punishable upon a summary conviction, all proceedings as to compelling the appearance of any person against whom any such complaint shall have been made, or of any witness, and as to the hearing and deterinination of such complaints, and as to the making and executing of any orders relating thereto, shall be subject in all respects to the provisions of "The Petty Sessions (Ireland) Act, 1851," as the same is amended by "The Petty "Sessions Clerk (Ireland) Act, 1858," when the case shall be heard in any petty sessions district, and to the provisions of the Acts relating to the divisional police offices when the case shall be heard in the police district of Dublin Metropolis, so far as the said provisions shall be consistent with any special provisions of this Act. stealing, &c. 4. ANY person who shall steal, or shall cut, break, root up, or otherwise Penalty on destroy or damage with intent to steal, the whole or any part of any growing growing trees, tree, sapling, shrub, or underwood, or any growing fruit or vegetable production, shrubs, &c. not exceeding or any growing cultivated root or plant, shall (in case the value of the pro- 57. in value. perty stolen or the amount of the injury done shall not exceed five pounds) pay to the party aggrieved the value of the property stolen or the amount of the injury done, and shall also be liable to a fine not exceeding five pounds, or to be imprisoned for any period not exceeding three months; and the Offences may offences in this and the following sections mentioned may be prosecuted summarily. be prosecuted summarily before one or more justices of the peace, as herein-before mentioned. from the soil, 5. ANY person who shall steal, or damage with intent to steal, the whole or Penalty on stealing, &c. any part of any tree, sapling, shrub, or underwood, or any cultivated plant, trees, shrubs, root, fruit, or vegetable production severed from the soil, or any turf or peat &c., manufactured or partly manufactured for fuel, (in case the value of such or turf fuel, article or articles stolen or the amount of the injury done shall not exceed not exceeding forty shillings,) shall pay to the party aggrieved the value of the property stolen, or the amount of the injury done, and shall also be liable to a fine not exceeding five pounds, or to be imprisoned for a term not exceeding three months. 40s. in value. Search for carcases of persons posses 6. WHENEVER any credible witness shall prove upon oath, before a justice of the peace, that there is reasonable cause to suspect that any of the articles of property following; that is to say, the carcase of any sheep or lamb, or the head, skin, or any part thereof, or the fleece of any sheep or lamb, has been stolen or unlawfully taken, and is to be found in any house or other place, it without accounting for shall be lawful for such justice to issue a warrant to search such house or place the same. for such articles of property; and any person in whose possession or on whose premises any of the said articles of property shall be found by virtue of any such search warrant (or by any member of the Constabulary or Metropolitan Police Forces when executing any warrant or otherwise acting in the discharge of his duty), and who shall not satisfy the justice before whom he shall be brought, that he came lawfully by the same, or that the same was on his premises without his knowledge or assent, may be committed by such justice to gaol until the next day of holding petty sessions for the district, unless he shall enter into a recognizance with one or more sureties to appear at such petty sessions; and if such person shall not account for the same in manner aforesaid, he shall, on summary conviction by such justice or justices as aforesaid, and at his or their discretion, either be committed pursuant to the provisions of "The Petty Sessions (Ireland) Act, 1851," to be imprisoned for 14 & 15 Viet. a terin not exceeding three months, or be liable to a fine not exceeding five c. 93. pounds. 7. ANY artificer, workman, journeyman, apprentice, servant, or other person who shall unlawfully dispose of, or retain in his possession without the consent of the person by whom he shall be hired, retained, or employed, any goods, wares, work, or materials committed to his care or charge (the value of such goods, wares, work, or materials not exceeding the sum of five pounds), shall pay to the party aggrieved such compensation as the justices shall think reasonable, and shall also be liable to a fine not exceeding forty shillings, or to be imprisoned for a term not exceeding one month. Penalty on workmen making away with goods (not exceeding 51. in value) committed to their care. Penalty on Assault cases may be proceeded with although party aggrieved declines to prosecute. 24 & 25 Vict. c. 100. s. 38. Summary jurisdiction in cases of assault on peace officers, &c. Extent of Act. 8. ANY person who shall steal, or injure with intent to steal, any turkey, goose, or other poultry, (where the value of such poultry so stolen or injured shall not exceed five shillings,) shall be liable to a fine not exceeding twenty shillings, or to be imprisoned for a period not exceeding two weeks. 9. IT shall be lawful for the justices at petty sessions, if they shall so think fit, to proceed against any person or persons charged with being guilty of an assault, pursuant to the provisions of the Statute twenty-fourth and twentyfifth Victoria, chapter one hundred, section forty-two, notwithstanding that the party aggrieved many decline or refuse to prefer a complaint. 10. AND whereas by the Act of the twenty-fourth and twenty-fifth of Victoria, chapter one hundred, section thirty-eight, certain assaults therein specified on peace officers and others are made misdemeanors, and punishable with imprisonment for a term not exceeding two years, with or without hard labour, and it is desirable also to give a summary jurisdiction in petty cases for the same offence: Be it enacted, that two justices of the peace shall have a concurrent jurisdiction to punish such assaults under the forty-second section of the said Act, if they shall consider the offence so trivial as not to require being dealt with by a superior tribunal. 11. THIS Act shall extend to Ireland only. c. 105. CHAPTER 52. AN ACT to amend an Act of the Twenty-fourth and Twenty-fifth Years of the WHEREAS an Act was passed in the session of Parliament held in the twenty-fourth and twenty-fifth years of the reign of Her present 24 & 25 Vict. Majesty, chapter one hundred and five, intituled "An Act to prevent the "future grant by copy of court roll and certain leases of lands and here"ditaments in England belonging to ecclesiastical benefices": And whereas doubts are entertained whether, notwithstanding the said Act, leases and grants by copy of court roll of the manors, lands, tenements, and hereditaments mentioned or referred to in the preamble thereof may not still be lawfully made, in cases where the grantor takes no fine, premium, or foregift as a consideration for any such grant: And whereas it is expedient to amend the said Act to the effect after mentioned: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows: How far prohibition in 1. THE prohibition to make any grant by copy of court roll or lease contained in the first section of the said Act shall not only extend to grants of the said manors, lands, tenements, and hereditaments made in consideration grants, &c. is of any fine, premium, or foregift, but shall also extend to all grants and leases recited Act as to making of to extend. of such manors, lands, tenements, and hereditaments made for any longer term or in any other way than according to the provisions of the several statutes mentioned in the said first section and in the third section of the said Act hereby amended. 2. THE prebendary of any prebend, not being a prebend of any cathedral Powers of prebendaries or collegiate church, shall have such and the same powers of sale, exchange, as to sale, and enfranchisement as by the third section of the said Act are given to exchange, &c. rectors, vicars, perpetual curates, and incumbents; and the provisions and enactments contained in the said third section shall apply to sales, exchanges, and enfranchisements made by any such prebendary, and to the proceeds thereof. CHAPTER 53. AN ACT to facilitate the Proof of Title to, and the Conveyance of, Real WHEREAS it is expedient to give certainty to the title to real estates, and to facilitate the proof thereof, and also to render the dealing with land more simple and economical: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. THIS Act shall apply to England only. Extent of Act. PART I. AS TO THE REGISTRATION OF REAL ESTATES, AND THE TITLE THERETO. 2. THERE shall be established a registry of the title to landed estates. 3. THE registry shall be confined to estates of freehold tenure, and leasehold estates in freehold lands. Registry to be established. Limits of registry. 4. APPLICATION may be made for registration of title, by any of the By whom following persons; viz., 1. The owner of the fee simple: application for registration to be made. 2. Persons who collectively are owners of the fee simple, or have the power of acquiring the same: 3. Persons who have the power of appointing the fee simple : 4. Trustees for sale of the fee simple: 5. The owner of the first estate of freehold and first vested estate of inheritance: 6. Any purchaser of a fee simple, where his contract empowers him so to do, or the vendor consents: 7. Any person authorized by the Court of Chancery to make such application. Application may be made, although the estate of the person applying may be subject to charges and incumbrances. Proceedings to obtain Registration of a Title as indefeasible. of title. 5. ON application for the registration of a title as indefeasible, the title Examination shall be examined by the registrar and examiners of title herein-after mentioned in such manner as general orders shall direct: No title shall be accepted for registration as indefeasible unless it shall appear to be such as a court of equity would hold to be a valid marketable title. |