conform thereto to summon the person against whom such complaint shall be made to appear at a time and place to be named in such summons and upon his appearance or in default thereof upon proof upon oath of the service of such summons any two justices of the peace may proceed to make such order thereupon as to them may seem just and if any sum of money so awarded together with such costs as to such justices shall seem meet shall not be immediately paid the same shall be recoverable in a summary way.

XXXIV. When the matter in dispute as aforesaid shall be referred to the decision of justices of the peace it shall be lawful for any one justice on complaint being made to him of any refusal or neglect to comply with the rules of the society by any member or officer thereof to summon the person against whom such complaint shall be made to appear at a time and place to be named in such summons and upon his appearance or in default thereof upon proof on oath of the service of such summons it shall be lawful for any two justices to proceed to hear and determine the complaint according to the rules of the society and in case the said justices shall adjudge any sum of money to be paid by the person against whom such complaint shall be made and such sum of money shall not be immediately paid then the same shall be recovered in a summary way.

XXXV. Every sentence order and adjudication of any justice under this Act shall be final and conclusive to all intents and purposes and shall not be subject to appeal and shall not be removable into any Court of law or restrainable by the injunction of any Court of equity.

XXXVI. The rules of every such society shall provide that the treasurer trustees stewards or other principal officers thereof shall once in every year at least prepare a general statement of the funds and effects of such society specifying in whose custody or possession the said funds or effects shall be then remaining together with an account of all sums of money received and expended on account of the said society since the publication of the preceding periodical statement and every such periodical statement shall be attested by two or more members of the society appointed auditors for that purpose and shall be countersigned by the secretary or clerk of the society and every member shall be entitled to receive a copy of such periodical statement.

XXXVII. It shall be lawful for the trustees named in any mortgage taken by or on behalf of any such society or the trustees for the time being of any such society to indorse upon any mortgage or further charge given by any member of such society to the trustees thereof for moneys advanced by the society to any member a receipt for all moneys intended to be secured by such mortgage or further charge which shall be sufficient to vacate the same and vest the estate of and in the property comprised in such security in the person or persons for the time being entitled to the equity of redemption without its being necessary that any re-conveyance of the property so mortgaged should be given or made.

XXXVIII. Any mortgage or other security given or executed in pursuance of this Act shall not be affected or rendered invalid by any member or members of any such society holding more than one share.

XXXIX. It shall be lawful for the trustees of any such society with the sanction and advice of the committee of management to take up money on debentures for the purposes of the society at a rate of

interest not exceeding ten per centum per annum such amount not to exceed at any time the estimated receipts of the society for the ensuing six months such debentures to be signed by one of the trustees and countersigned by the secretary or manager without personal liability and to be paid out of the funds of the society.

SCHEDULE A.

Know all men by these presents that we A. B. of treasurer [or trustee &c.] of the

G. H. of

in the sum of

society established at in the Colony of New Zealand and C. D. of and (as sureties on behalf of the said A. B.) are jointly and severally held and firmly bound to E. F. the present registrar of joint stock companies for the district of to be paid to the said E. F. as such registrar of joint stock companies or his successor for the time being or his certain attorney for which payment to be well and truly made we jointly and severally bind ourselves and each of us by these presents sealed with our seals. Dated the in the year of

our Lord 18

day of

Whereas the above bounden A. B. hath been duly appointed treasurer [or trustee &c.] of the society established as aforesaid and he together with the above bounden C. D. and G. H. as his sureties have entered into the above written bond subject to the condition hereinafter contained Now therefore the condition of the above written bond is such that if the said A. B. shall and do justly and faithfully execute his office of treasurer [or trustee &c.] of the said society established as aforesaid and shall and do render a just and true account of all moneys received and paid by him and shall and do pay over all the moneys remaining in his hands and assign and transfer or deliver all securities and effects books papers and property of or belonging to the said society in his hands or custody to such person or persons as the said society shall appoint according to the rules of the said society together with the proper or legal receipts or vouchers for such payments and likewise shall and do in all respects well and truly and faithfully perform and fulfil his office of treasurer [or trustee &c.] to the said society according to the rules thereof then the above written bond shall be void and of no effect otherwise shall be and remain in full force and virtue.

SCHEDULE B.

We the major part of the arbitrators duly appointed by the

society established at

in the district of

do hereby

award and order that A. B. (specifying by name the party or officer or member of the

society] do on the

day of

mentioned the sum of

pay to C. D. [specifying as before [or stating the act or acts to be done as the case

18

E. F.
G. H.

CARRIERS.

30 Vic., No. 49.- An Act to regulate the carriage of goods for hire. (a) [October 8, 1866.] WHEREAS it is expedient to amend the law relating to common carriers for hire

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 Carriers Act 1866." II. Every common carrier for hire by land and every common carrier by sea between any ports within the Colony of New Zealand shall be liable for the loss of or for any injury done to any horses cattle or other animals or to any articles goods or things in the receiving forwarding or delivering thereof occasioned by the neglect or default of such carrier or his servants notwithstanding any notice condition declaration or contract given made or entered into by such carrier contrary thereto or in anywise limiting such liability in the same manner and to the same extent as if no such notice condition declaration or contract had been given made or entered into Provided always that nothing herein contained shall be construed to prevent the said carriers from making such conditions with respect to receiving forwarding and delivering of any of the said animals articles goods or things as shall be adjudged by the Court or judge before whom any question relating thereto shall 'be tried to be just and reasonable Provided also that no special contract between such carriers and any other parties respecting the receiving forwarding or delivering of any animals articles goods or things as aforesaid shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals articles goods or things respectively for carriage.

III. No greater damages shall be recovered for the loss of or for any injury done to any of such animals beyond the sums hereinafter mentioned that is to say for any horse fifty pounds for any neat cattle per head fifteen pounds for any sheep or pigs per head two pounds unless the person sending or delivering the same to such company shall at the time of such delivery have declared them to be respectively of higher value than as above-mentioned in which case it shall be lawful for such company to demand and receive by way of compensation for the increased risk and care thereby occasioned a reasonable percentage upon the excess of the value so declared above the respective sums so limited as aforesaid and which shall be paid in addition to the ordinary rate of charge Provided also that the proof of the value of such animals articles goods and things and the amount of injury done thereto shall in all cases lie upon the person claiming compensation for such loss or injury.

(a) CONTENTS :--Preamble. 1. Short title. 2. Carriers to be liable for neglect or default in the carriage of goods notwithstanding notice to the contrary. 3. Company not to be liable beyond a limited amount in certain cases unless the value declared and extra payment made. Proof of value to be on the person claiming compensation.

88

24 & 25 Vic., No. 23. -An Act to prevent the importation of diseased cattle. (a) [September 5, 1861.] 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 Diseased Cattle Act 1861."

II. The Governor shall from time to time appoint proper persons at such ports and places as to him shall seem fit to be inspectors of diseased cattle to perform the duties required by this Act and may from time to time remove such persons and appoint other persons in their respective places.

III. Every such appointment shall be by warrant under the hand of the Governor and every such appointment and removal shall be notified in the Government "Gazette" of the colony.

IV. The duties of an inspector of diseased cattle shall be as follows

(a.) When any ship or vessel having cattle on board shall arrive within any such port or place in the colony the inspector shall forthwith or as soon as conveniently can be go on board such ship or vessel and by inspecting such cattle or otherwise satisfy himself whether such cattle or any of them are or may be reasonably suspected to be infected with any infectious disease or whether the same are free from infectious disease.

(b.) If such inspector shall be satisfied that such cattle are free from infectious disease and were not imported from any district where infectious disease shall be known to prevail he shall give to the master of such ship or vessel a certificate to the effect after which certificate so obtained but not before such cattle may be landed.

(c.) If such inspector shall be satisfied that such cattle or any of them are actually infected with such disease he shall forthwith give notice to that effect to the master of such ship or vessel and it shall be the duty of such master within twenty-four hours after such notice to destroy the same without suffering the same to be landed.

(d.) If such cattle shall have been imported from any district where infectious disease shall be known to prevail or if such inspector shall have reasonable ground to suspect that the same cattle or any of them are infected with such disease he may give such master a certificate to that effect (to be termed a quarantine certificate) and shall therein specify some place at which the same cattle may be landed and some place to which the same may be driven to be appointed by the Governor for a quarantine ground at or near the said port

(a) CONTENTS: -1. Short title. 2. Governor to appoint inspectors. 3. To be notified. 4. Duties of inspectors. 5. Governor to appoint quarantine grounds. 6. Inspectors' fees. 7. Copy of Act to be furnished to masters of vessels. 8. Penalty for landing cattle. 9. Governor to declare prohibited ports. 10. Infected cattle in the colony may be destroyed. 11. Regulations to be published. 12. Penalty for breach of regulations. 13. Penalties, how recoverable. 14. Governor may delegate powers to Superintendents. 15. Interpretation. 16. Indemnity to Superintendent of Canterbury. 17. Commencement of Act.

or place after which certificate so obtained the said master may land such cattle or cause the same to be landed at such place so named in such quarantine certificate but at no other place and may drive such cattle or cause the same to be driven to the said place so appointed as a quarantine ground but to no other place and no master of such ship or vessel shall permit or suffer such cattle to be so landed or driven otherwise than in accordance with such quarantine certificate.

(c.) The inspector shall make a report from time to time of all things done by him under this Act which report shall be made in the first instance to the Superintendent of such Province and shall by him be transmitted to the Governor.

V. The Governor may by any Order in Council from time to time appoint places for quarantine grounds under this Act and may make regulations for the management of such quarantine grounds and fixing the fees and charges thereof and for the destroying of diseased cattle and for the landing and driving of cattle under this Act and generally for regulating and enforcing the performance of the duties hereby imposed on inspectors and masters of ships or vessels.

VI The inspector of diseased cattle shall be entitled to a fee of two and sixpence for every head of cattle on board any ship or vessel which shall be inspected by him as aforesaid which fee shall be paid on demand by such master to such inspector Provided that no greater sum in the aggregate than £10 in respect of cattle brought by any one ship or vessel shall be so payable. (a)

VII. When any vessel or ship having cattle on board shall arrive in any port or place within the Colony it shall be the duty of the harbour-master or collector of customs or some person to be appointed in that behalf by the Governor at such port or place immediately to furnish the master of such ship or vessel with a copy of this Act and also to give information to the inspector of cattle of the arrival of such ship or vessel.

VIII. Every master of a ship or vessel who shall land or suffer to be landed any cattle without having obtained such certificate as aforesaid or shall refuse or neglect to destroy cattle according to any such notice as aforesaid or shall otherwise offend against the provisions of this Act hereinbefore contained shall forfeit and pay any sum not exceeding £500.

IX. If at any time it shall be made to appear to the Governor that any infectious or contagious disease has broken out in any district out of the Colony it shall be lawful for the Governor by Order in Council to declare that such district is infected within the meaning of this Act and from time to time to make such regulations as to him shall seem fit for prohibiting the importation of cattle into the Colony from such district and the landing or driving of such cattle and for destroying cattle imported landed or driven contrary to such regulations.

X. If at any time it shall be made to appear to the Governor that any infectious or contagious disease has broken out amongst cattle in any district of the colony it shall be lawful for the Governor by Order in Council to declare that such district is infected within the meaning of this Act and from time to time to make such regulations for destroying diseased cattle therein and for prohibiting the removal or transportation of cattle from one part of the Colony to another and for preventing the further spread of such disease as to him shall seem