XI. All regulations made by the Governor under authority of this Act shall be published in the General Government "Gazette" and all regulations and appointments made by the Superintendent of any Province in pursuance of any power delegated to him under the power of delegation hereinafter contained shall be published in the Government "Gazette" of such Province and all such regulations being so published shall have the force of law. (a). XII. Any person guilty of any breach of such regulations as aforesaid shall be liable to such penalty as shall be expressed in such regulations not exceeding £500. XIII. Penalties under this Act or under the regulations authorised by this Act may be recovered in a summary way before any resident magistrate or any two justices of the peace for the use of Her Majesty by any person who may sue for the same. XIV. The Governor in Council may by warrant under his hand from time to time delegate to the Superintendent of any Province within the said Colony all or any of the powers vested in the Governor or the Governor in Council by. this Act subject to such regulations as he may think fit and may from time to time rescind such delegation. XV. In the interpretation of this Act the word "cattle" shall mean and include neat cattle whether living or dead and parts of such cattle The word "district" shall as regards the Australian colonies mean and include the entirety of the Colony and all Colonies and extra Colonial places immediately adjacent thereto The words "infectious disease" "contagious disease" throughout this Act shall mean and include the disease called pleuro-pneumonia and every other disease commonly reputed to be contagious or infectious. or XVI. And whereas an Ordinance was lately passed or purported to have been passed by the Superintendent and Provincial Council of the Province of Canterbury for prohibiting the importation of diseased cattle but before the passing thereof the said Council was dissolved and the said Ordinance has been expressly disallowed by the Governor And whereas Acts may have been done or authorised or permitted to be done by the Superintendent of the said Province under the powers of the said Ordinance before receiving notice of the disallowance of such Ordinance Be it enacted by the General Assembly of New Zealand and by the authority aforesaid that the said Superintendent shall be and he is hereby released and indemnified from and against all actions suits claims and demands whatsoever by reason or on account of any act matter or thing done authorised or permitted by him according to the provisions of the said Ordinance before receiving notice of the disallowance of such Ordinance. XVII. This Act shall come into operation on such day as shall be fixed by the Governor, whereof proclamation shall be made and published in the Government "Gazette." 29 Vic., No. 16. - An Act to amend "The Diseased Cattle Act 1861” (b) [September 26, 1865.] BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same: (a) Repealed by sec. 2, 29 Vic., No. 16, p. 91. (6) CONTENTS:-1. Short title. 2. Repeal clause. 3. Fees to inspector. 4. Governor may annul or vary declarations and prohibitions. 5. Governor may delegate this power to Superintendents. 6. Publication in "Gazette" of Orders in I. The short title of this Act shall be "The Diseased Cattle Act Amendment Act 1865." 11. Sections VI. and XI. of "The Diseased Cattle Act 1861” shall be and the same are hereby repealed. III. There shall be paid to the inspector of diseased cattle a fee of two shillings and sixpence for every head of cattle on board any ship or vessel which shall be inspected by him which fee shall be paid on demand by such master to such inspector Provided that no greater sum in the aggregate than ten pounds in respect of cattle brought by any one ship or vessel shall be so payable Provided also that all such fees shall be paid over to the treasurer of the Province and shall become the revenue of the Province in which the same are paid Provided also that if in any year due provision shall not be made for the payment of the inspector's salary and other expenses incidental to this Act by the Superintendent and Provincial Council of the Provinco then the fees hereby made payable shall be paid to the Colonial Treasurer for the service of the General Government of the Colony. IV. The Governor may by any Order in Council from time to time annul make void or alter or vary and make anew any Orders in Council regulations appointments or prohibitory or other declarations made and published by the Governor under the authority of the said Act or this Act or by the Superintendent of any Province under or in pursuance of any power delegated to him under any of the powers of delegation contained in the said Act or this Act and that either with reference to the whole or any part of any proclaimed district. V. As to regulations appointments and prohibitory and other declarations made by Superintendents of Provinces in pursuance of any powers delegated under the powers of delegation contained in the said Act or this Act the power of annulling making void or allowing or varying and making anew any such regulations appointments or prohibitory or other declarations vested in the Governor by this Act may from time to time be delegated by the Governor in Council by warrant under his hand to the Superintendent of any Province who shall by virtue of such delegation be empowered from time to time by declaration to annul make void or alter or vary and make anew any regulations appointments and prohibitory or other declarations made under the said Act or this Act by the Superintendent of any Province to whom such power is delegated or by any previous Superintendent of the same Province. VI. All orders in Council and all regulations made by the Governor under the authority of the said Act or this Act shall be published in the "New Zealand Gazette" and all such Orders in Council and regulations shall take effect from and after such day being a day subsequent to the first publication thereof in such "Gazette" as shall be prescribed in that behalf by the Governor in such orders and regulations respectively and not before And it shall be lawful for the Governor if he shall deem it expedient so to do to direct that all Orders in Council and regulations so made by him under the authority of the said Act or this Act shall be published in any one or more of the Government Gazettes" of the Provinces within the Colony as well as in the New Zealand "Gazette" as aforesaid but the publication thereof in any 66 Council and regulations. 7. Delegated regulations appointments and declarations to be published in the Government "Gazette." 8. Orders and proclamations heretofore made to be valid. 9. Regulations already published not affected until annulled or varied. 10. Interpretation. Provincial Government "Gazette" shall not be necessary nor shall the omission of such publication in any Provincial "Gazette" invalidate any such orders or regulations. VII. All regulations and appointments and all prohibitory and other declarations made by the Superintendent of any Province under or in pursuance of any power delegated to him under the power of delegation in the said Act or this Act contained shall be published in the New Zealand "Gazette" and also in the Government "Gazette" of the Province in which he is Superintendent and all such regulations and appointments and probibitory and other declarations shall take effect from and after such day being a day subsequent to the first publication thereof in the New Zealand "Gazette" as shall by the Superintendent making the same be prescribed in that behalf in such regulations appointments and declarations respectively and not before and no such regulations appointments or prohibitory or other declarations shall remain in force for a period exceeding three months from the day of such publication unless the assent of the Governor thereto shall have been signified in writing to the Superintendent and a notification of such assent shall have been published in the Government "Gazette" of the Province to which the same shall relate. VIII. All orders in Council and proclamations heretofore made or issued by the Governor or the Superintendent of any Province purporting to annul make void alter vary or make anew any regulations appointments or prohibitory or other declarations under "The Diseased Cattle Act 1861" shall be deemed to have been valid and effectual in law and that as fully as if the same had been made and issued under authority of this Act And all persons who may have done or omitted to do any act or thing in pursuance or by reason of any such order or proclamation shall be and they are freed and indemnified of from and against all actions suits prosecutions claims and demands on account of such act or omission. IX. Nothing herein contained shall be deemed to repeal alter or affect regulations declarations or proclamations made or published under the authority of the said Act until and except as under the powers hereby created the same may be annulled or varied. X. In this Act the term "the said Act" means "The Diseased Cattle Act 1861." CENSUS. 21 & 22 Vic., No. 20.-An Act for taking an account of the population of New Zealand, and for collecting statistical information relating thereto. (a) [July 3, 1858.] WHEREAS it is expedient that an account be taken, at the times and in the manner hereinafter directed, of the number and condition of the (a) CONTENTS :-Preamble. 1. Census to be taken. 2. Appointment of enumerators. 3. Appointment of sub-enumerators. 4. Masters, &c., of gaols, &c., to be sub-enumerators of inmates thereof. 5. Enumerators and subenumerators to make declaration. 6. Penalty for refusing to act. 7. Enumerators to cause forms of returns to be delivered. 8. Sub-enumerators to collect forms. 9. Inquiries may be made for filling up forms. 10. Sub-enumerators to deliver population of New Zealand, and of the live stock, and of the cultivations therein, respectively, Be it therefore enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows: I. An account shall be taken in the month of December, in the year one thousand eight hundred and fifty-eight, and in the same month in every third year succeeding, of the number and condition of persons, and of the live stock, and of the land in cultivation, within New Zealand, and of other particulars relating thereto, according to such forms of returns and instructions as the Colonial Secretary shall cause to be prepared, for the purpose of obtaining information with respect to the subjects specified in schedules A and B to this Act annexed. (a) II. For the purpose of taking such account, the Governor shall from time to time appoint as many persons as may be necessary, who shall be, and be called enumerators, and shall define the districts for which they shall respectively act, and shall prescribe the number of sub-enumerators to be employed by each enumerator as herein mentioned, aud the rates of remuneration of such enumerators and sub-enumerators. III. Every enumerator shall with all cconvenient speed after his own appointment, select and appoint, subject to the approval of the Governor, the sub-enumerators to be employed by him, and shall assign a sub-district to each sub-enumerator, and shall deliver to him a sufficient number of the said forms. IV. The master or keeper of any gaol, prison, hospital, or lunatic asylum, shall be the sub-enumerator of the inmates thereof, and shall conform to such instructions as the Colonial Secretary shall cause to be sent to him for obtaining the information required by this Act, so far as may relate to such inmates. (b) V. Every person who shall act as enumerator shall make and subscribe the declaration contained in schedule C to this Act, before some justice of the peace, which declaration such justice is hereby authorised and required to take; and every person who shall act as sub-enumerator shall make and subscribe before the enumerator hy whom he shall have been appointed, the like declaration, which declaration such enumerator is hereby authorised and required to take. (b) VI. Every person who shall accept the office of enumerator or subenumerator, and shall afterwards neglect or refuse to do or perform any act or duty by this Act required to be done or performed by him shall, unless prevented by sickness or other unavoidable accident, forfeit a sum not exceeding fifty pounds. VII. Every sub-enumerator shall, between the first and twentyfourth days of December (both inclusive), in the years appointed, leave at every dwelling-house within his sub-district, one or more of the said forms of returns to be made by the occupier or person in charge of such dwelling-house; and every such occupier or person shall fill up and supply in the said forms, to the best of his knowledge and belief, the matters and particulars which may by the said forms and any instructions accompanying the same be required; and shall sign the said forms with his name, and deliver or cause to be delivered the said forms so filled up and signed to the sub-enumerator authorised to receive the same. forms to enumerators. 11. Penalty for omission. 12. Enumerators to make out lists. 13. False declaration or affirmation. 14. Inquiries may be addressed to certain persons by Colonial Secretary. Penalty for refusal or neglect. 15. Recovery and application of penalties. 16. Abstracts to be printed and laid before the General Assembly. 17. Act not to apply to natives. 18. Census Ordinance, sess. 11, No. 8, repealed. 19. Interpretation clause. 20. Short title. Schedules A, B, C. (a) See sec. 1, 24 Vic., No. 30, p. 97. (b) Repealed by secs. 2-3, 24 Vic., No. 30, which see, p. 97. VIII. Every sub-enumerator shall, within his sub-district, on the twenty-sixth day of December, or as soon after as practicable, demand and receive the said forms at the dwelling-houses where the same shall have been left, and in case such forms from any cause shall not have been filled up, or shall appear to have been insufficiently or erroneously filled up, such sub-enumerator shall forthwith proceed to ascertain, from the occupiers or persons in charge of such dwelling-houses, such matters and particulars as may be necessary to enable him to correct any errors, or supply any deficiencies, in such forms; and shall then and there, in case he fill up the form entirely himself, sign the same with his own name, or in case he make corrections or supply deficiencies only, shall mark such corrections and additions with his initials. IX. The several enumerators and sub-enumerators are hereby authorised and required to make all such inquiries of all persons whatsoever respecting those persons themselves, and all other persons, with reference to all such matters and particulars, as may be necessary for filling up the said forms; and every person who shall wilfully refuse, or without lawful excuse, neglect to fill up the said forms to the best of his knowledge or belief, or to sign and deliver the same as herein required, or who shall wilfully refuse or neglect to answer, or shall wilfully and untruly answer any such inquiries as aforesaid, or who shall wilfully make, sign, or deliver, or cause to be made, signed, or delivered, any false return of all or any of the matters or particulars aforesaid, or who shall obstruct any person in the performance of any duties imposed on him by or under the authority of this Act, shall forfeit a sum not exceeding twenty pounds. X. The several sub-enumerators within seven days after all the said forms so filled up shall have been received by them shall cause all the said forms to be delivered or transmitted to their respective enumerators, and shall make affirmation before such enumerators (which affirmation the said enumerators are hereby authorised and required to administer), that the said forms, so filled by the occupier or person in charge of any dwelling-house, or corrected or amended as aforesaid are in the same state in which they were received by such subenumerators, or have been truly corrected and amended, respectively, in accordance with the provisions hereof and the information received by them in answer to their inquiries, and shall also make true answer to all such inquiries as the said enumerators shall make of them, as to the manner in which they have performed their duties; and it shall be lawful for the said enumerators to direct the sub-enumerators to make further inquiries as to any matter respecting which in the opinion of such enumerators further or more accurate information ought to be obtained, and such sub-enumerators may make such further returns signed by themselves in relation thereto, with the like liabilities in themselves, and in persons refusing or neglecting to give information, or giving untrue information, as are hereinbefore enacted as to their original inquiries. XI. Any sub-enumerator who shall wilfully omit to deliver or transmit to his enumerator all the forms which shall have been so filled up as aforesaid, or who shall knowingly and wilfully sign, deliver, or transmit, any untrue form or return, or alter any form, save as aforesaid, or wilfully and designedly omit to deliver or transmit any form which by the term of this Act he ought to have delivered or transmitted shall forfeit a sum not exceeding fifty pounds. XII. Every enumerator within one month after he shall have received the said forms from the sub-enumerators appointed by him |