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orders or authority received from the owner but that for the purpose and to the intent of protecting all such bonâ 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 bonâ 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 security 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.

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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 lastmentioned 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 convietion 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 bonâ 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.

30 Vic., No. 7.-An Act to amend the law relating

[October 4, 1866.]

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

Kingdom.

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
born subject capable of holding real or personal estate. 3. Alien friends may hold
personal property except chattels real. 4. Alien friends may hold lands for twenty-
one years. 5. Conditions of naturalization. 6. Naturalization to extend to wife.
7. Mode of obtaining naturalization. 8. Applicant to take oath of allegiance. 9.
Facilities given to persons naturalized elsewhere. 10. Letters of naturalization to
be enrolled. 11. Penalty for false statement. 12. Act not to take away rights of
aliens. 13. Act not to affect pre-existing rights. Schedule.

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

granted and issued to him.

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

oath prescribed by this Act.

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

inspection.

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

passing of this Act.

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
subject before the passing of this Act or under any descent or
representation from or under any such natural-born subject who shall
have died before the passing of this Act.

ANIMALS (PROTECTION OF CERTAIN).

29 Vic., No. 57. - An Act to provide for the protection

of certain animals in New Zealand. (a)

[October 30, 1865.1

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

animals and birds.

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

Animals Act, 1865."

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
and August in any year. Provided always that this section shall have
no force or effect except in such portions of the Colony as shall from

(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

clause.

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