! orders or authority received from the owner but that for the purpose and to the intent of protecting all such bona fide loans advances and exchanges as aforesaid though made with notice of such agent not being the owner but without any notice of the agent's acting without authority and to no further or other intent or purpose such contract or agreement as aforesaid shall be binding on the owner and all other persons interested in such goods. VI. Any bill of lading dock-warrant warehouse keeper's certificate warrant or order for the delivery of goods or any other document used in the ordinary course of business as proof of the possession or control of goods for authorizing or purporting to authorize either by endorsement or by delivery the possessor of such document to transfer or receive goods thereby represented shall be deemed and taken to be a document of title within the meaning of this Act and any agent intrusted as aforesaid and possessed of any such document of title whether derived immediately from the owner of such goods or obtained by reason of such agent's having been intrusted with the possession of the goods or of any other document of title thereto shall be deemed and taken to have been entrusted with the possession of the goods. represented by such document of title as aforesaid and all contracts pledging or giving a lien upon such document of title as aforesaid shall be deemed and taken to be respectively pledges of and liens upon the goods to which the same relates and such agent shall be deemed to be possessed of such goods or documents whether the same shall be in his actual custody or shall be held by any other person subject to his control or for him or on his behalf and where any loan or advance shall be bona fide made to any agent intrusted with and in possession of any such goods or documents of title as aforesaid on the faith of any contract or agreement in writing to consign deposit transfer or deliver such goods or documents of title as aforesaid and such goods or documents of title shall actually be received by the person making such loan or advance without notice that such agent was not authorized to make such pledge or security every such loan or advance shall be deemed and taken to be a loan or advance on the security of such goods or documents of title within the meaning of this Act though such goods or documents of title shall not actually be received by the person making such loan or advance till the period subsequent thereto and any contract or agreement whether made direct with such agent as aforesaid, or with any clerk or other person on his behalf shall be deemed a contract or agreement with such agent and any payment made whether by money or bills of exchange or other negotiable sccurity shall be deemed and taken to be an advance within the meaning of this Act and an agent in possession as aforesaid of such goods or documents shall be taken for the purposes of this Act to have been intrusted therewith by the owner thereof unless the contrary can be shown in evidence. VII. Nothing herein contained shall lessen vary alter or affect the civil responsibility of an agent for any breach of duty or contract or non-fulfilment of his orders or authority in respect of any such contract agreement lien or pledge as aforesaid. VIII. If any agent entrusted as aforesaid shall contrary to or without the authority of his principal in that behalf for his own benefit and in violation of good faith make any consignment deposit transfer or delivery of any goods or documents of title so entrusted to him as aforesaid as and by way of a pledge lien or security or shall contrary to or without such authority for his own benefit and in violation of good faith accept any any advance on the faith of any contract or agreement to consign deposit transfer or deliver such goods or documents of title as aforesaid every such agent shall be deemed guilty of a misdemeanor and being convicted thereof shall be sentenced to penal servitude for any term not exceeding ten years or to suffer such other punishment by fine or imprisonment or by both as the Court shall award and every clerk or other person who shall knowingly and wilfully act and assist in making any such consignment deposit transfer or delivery or in accepting or procuring such advance as aforesaid shall be deemed guilty of a misdemeanor and being convicted thereof shall be liable at the discretion of the Court to any of the punishments which the Court shall award as hereinbefore last mentioned Provided nevertheless that no such agent shall be liable to any prosecution for consigning depositing transferring or delivering any such goods or documents of title in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which at the time of such consignment deposit transfer or delivery was justly due and owing to such agent from his principal together with the amount of any bills of exchange drawn by or on account of such principal and accepted by such agent Provided also that the convic tion of any such agent so convicted as aforesaid shall not be received in evidence in any action against him and no agent intrusted as aforesaid shall be liable to be convicted by any evidence whatever in respect of any act done by him if he shall at any time previously to his being indicted for such offence have disclosed such act on oath in consequence cf any compulsory process of any Court in any action or proceeding which shall have been bona fide instituted by any party aggrieved or if he shall have disclosed the same in any examination or deposition before any Judge or Registrar in Bankruptcy. IX. Nothing herein contained shall prevent such owner as aforesaid from having the right to redeem such goods or documents of title pledged as aforesaid at any time before such goods shall have been sold upon repayment of the amount of the lien thereon or restoration of the securities in respect of which such lien may exist and upon payment or satisfaction to such agent if by him required of any sum of money for or in respect of which such agent would by law be entitled to retain the same goods or documents or any of them by way of lien as against such owner or to prevent the said owner from recovering of and from such person with whom any such goods or documents may have been pledged or who shall have any such lien thereon as aforesaid any balance or sum of money remaining in his hands as the produce of the sale of such goods after deducting the amount of the lien of such person under such contract or agreement as aforesaid Provided always that in case of the bankruptcy of any such agent the owner of the goods which shall have been so redeemed by such owner as aforesaid shall in respect of the sum paid by him on account of such agent for such redemption be held to have paid such sum for the use of such agent before his bankruptcy or in case the goods shall not be so redeemed the owner shall be deemed a creditor of such agent for the value of the goods so pledged at the time of the pledge and shall if he shall think fit be entitled in either of such cases to prove for or set off the sum so paid or the value of such goods as the case may be. X. Nothing herein contained shall be construed to give validity to or in anywise to affect any contract agreement lien pledge or other act matter or thing made or done before the passing of this Act. ALIENS. Be it enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows-- I. The short title of this Act shall be "The Aliens Act 1866." II. Every person now born or hereafter to be born out of Her Majesty's dominions of a mother being a natural-born subject of the United Kingdom shall be capable of taking to him his heirs executors or administrators any estate within this Colony real or personal by devise or purchase or inheritance of succession. III. From and after the passing of this Act every alien being the subject of a friendly state shall and may take and hold by purchase gift bequest representation or otherwise every species of personal property (except chattels real) within the Colony as fully and effec- tually to all intents and purposes and with the same rights remedies exemptions privileges and capacities as if he were a natural born subject of the United Kingdom. IV. Every alien now residing in or who heareafter comes to reside in any part of the Colony and being the subject of a friendly state may by grant lease demise assignment bequest representation or otherwise take and hold any lands houses or other tenements for the purpose of residence or of occupation by him or her or his or her servants or for the purpose of any business trade or manufacture for any term of years not exceeding twenty-one years as fully and effectually to all intents and purposes and with the same rights remedies exemptions and privileges (except the right to be a Member of the Parliament of the Colony and to vote at elections for Members of Parliament) as if he were a natural born subject of the United V. When any alien friend now residing in or who shall hereafter reside within the Colony of New Zealand desires to be naturalized if he be of good repute and if he take the oath prescribed in the schedule hereto the Governor may if he think fit grant to him under the seal of the Colony letters of naturalization subject to such conditions. (if any) as he may consider necessary or advisable and may thereby grant to him all the rights and capacities of a natural born British subject within the Colony except the rights and capacities (if any) specially excepted in and by such letters of naturalization. VI. Any alien woman married or who shall be married to any natural-born subject of Her Majesty or naturalized person shall be deemed and taken to be herself naturalized and have all the rights and privileges of a natural-born subject. VII. When any person desires to obtain naturalization under this Act he may present to the Governor a memorial signed by himself and (a) CONTENTS;-1. Short title. 2. Person born of a mother who is a natural verified upon oath stating his name age birth-place residence and occupation the length of his residence in the Colony and his desire to setttle therein and praying that letters of naturalization may be granted to him and also a certificate signed by some resident magistrate or justice of the peace to the effect that the applicant is known to the person so signing and is to the best of such person's belief and know- ledge a person of good repute. VIII. If the Governor think fit to grant such letters he shall direct the applicant to take the oath prescribed by this Act before some judge of the Supreme Court or of a District Court or before some resident magistrate or justice of the peace and upon the certificate of such judge or magistrate or justice that the applicant has taken before him the said oath he shall issue to the applicant letters of naturalization accordingly and upon such letters of naturalization being issued to him the applicant shall enjoy all the rights and capacities which a natural-born subject of the United Kingdom can enjoy or transmit within this Colony except such rights and capacities (if any) as are specially excepted in the letters of naturalization IX. When any person resident in New Zealand has previously obtained any certificate or letters of naturalization in the United Kingdom of Great Britain and Ireland or any part thereof or in any British Colony on the continents of Australia Africa or America or in the Colony of Tasmania and desires to be naturalized in New Zea land if he submit such certificate to the Governor in Council and if he further state in his memorial as aforesaid that he is the person named in such certificate and that the same has been obtained without any fraud or intentional false statement and that the signature and the seal if any thereto are to the best of his belief and knowledge genuine the Governor may at his discretion grant the letters of naturalization without requiring from the applicant any further residence in New Zealand or (if the applicant has previously taken a similar oath) the X. The Colonial Secretary shall enrol for safe custody as of record all such letters of naturalization and a certified copy of every such certificate as aforesaid and shall demand and receive from every person to whom such letters are granted the fee of one pound in respect of such enrolment and shall cause to be made proper indices to such letters and certificates and shall permit every person desirous of so doing to inspect the same and make copies of such letters and certificates on payment of the fee of one shilling for every such XI. If any person to whom letters of naturalization have been granted be convicted of having wilfully made any false statement in his memorial he shall be deemed guilty of perjury and such letters of naturalization shall except against a bona fide purchaser from such person for valuable consideration become thereby void. XII. Nothing herein contained shall be construed so as to take away or diminish any right privilege or capacity heretofore lawfully possessed by or belonging to aliens residing in the Colony so far as relates to the possession or enjoyment of any real or personal property but that all such rights shall continue to be enjoyed by such aliens in as full and ample a manner as such rights were enjoyed before the XIII. Nothing in this Act shall prejudice or be construed to prejudice any rights or interests whether vested or contingent under any will settlement or deed executed by any natural-born British I do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria as lawful Sovereign of the United Kingdom of Great Britain and Ireland and of this Colony of New Zealand. So help me God. ANIMALS (PROTECTION OF CERTAIN). 29 Vic., No. 57.-An Act to provide for the protection of certain animals in New Zealand. (a) WHEREAS it is expedient to provide for the protection of certain animals and birds within New Zealand and the increase arising there- from and to encourage the importation into the Colony of certain Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows- I. The Short Title of this Act shall be "The Protection of Certain II. No deer of any kind hare swan wild goose or wild duck of any imported species whatever partridge English plover rook starling thrush or blackbird shall be hunted shot taken or killed at any time whatever before the first day of May which shall be in the year one thousand eight hundred and seventy and after that day only during the months of May June July and August in any year Provided always that it shall be lawful for the Governor by Order in Council published in the New Zealand "Gazette" to declare as to any part or parts of the Colony that the whole or any of the animals or birds specified in this section or any other animals or birds which may be hereafter proclaimed as under the protection of this Act may be hunted shot taken or killed during the months of May June July and August in each year before the first day of May one thousand eight hundred and seventy. III. No pheasant or quail shall be hunted shot taken or killed except during the months of May June July and August in any year. IV. No wild duck or pigeon indigenous in the Colony shall be hunted shot taken or killed except during the months of May June July (a) CONTENTS:-Preamble. 1. Short Title. 2. Deer hares and certain birds not to be hunted taken or killed for a certain time. Governor may alter protection. 3. Time for killing pheasants and quail. 4. Wild ducks protected. 5. Governor may declare that other animals and birds come under operation of this Act. 6. Shooting, &c., on Sunday prohibited. 7. Trespassers in pursuit of game liable to penalty. 8. Animals and birds not be trapped. 9. Persons not to have in possession any such animals or birds. 10. No person shall sell such animals or birds. 11. Governor may cause animals &c. to be taken. 12. Offences how punished. 13. Act not to apply to such animals or birds kept in confinement. 14. Certain animals or birds not to be introduced. 15. Animals may be kept when in confinement. 16. Act not to affect Act of Provincial Council of Nelson Session VIII. No. 6. 17. Governor may delegate powers to Superintendents. 18. Repeal |