208 AUCKLAND PROVINCIAL GOVERNMENT GAZETTE.

Mr. Richard Bishop,
as a Trustee for the said District, in the room of
Mr. P. Bryan, resigned.

John R. Nicholson,
Provincial Secretary.

THE HIGHWAYS ACT, 1867.

Superintendent’s Office,
Auckland, 26th May, 1870.

THE undermentioned Case in reference to the interpretation of the 28th and 30th Clauses of "The Highways Act, 1867," and the Opinion of Counsel thereon, are hereby published for the information of Highway Trustees and others.

John R. Nicholson,
Provincial Secretary.

Case.

By the 30th clause of the Highways Act, "Every rate authorised to be levied shall be paid to a Collector appointed by the Trustees to receive the same on demand at the place of abode, &c., and shall on non-payment thereof be recoverable at the suit of such Collector by summary proceeding before any Resident Magistrate or two Justices."

The rate is levied, however, for the current year from January to December (vide clause 10).

The Act is hereto appended.

The Opinion of Counsel is requested on the following questions:—

1. When does the rate become due and payable? Is it on demand at any time during the currency of the year, after being duly settled; or does it not become payable till demand made subsequent to December?

2. Being recoverable by "summary proceeding," does the rate cease to be recoverable, if not sued for within six months after demand made, as in the case of offences, &c., the penalties for which are recovered summarily?

Thomas B. Gillies,
Superintendent.

Superintendent’s Office,
Auckland, May 20, 1870.

Opinion.

1. I am of opinion that the rate becomes due and payable as soon as the provisions of section 28 of the Highways Act, 1867, have been complied with, and is payable on demand after that time.

2. I am of opinion that section 5 of the Justices of the Peace Act, 1866, has reference only to offences liable to punishment on summary conviction, and not to a proceeding for the recovery of rates, which is rather a suit for the recovery of money in the nature of a debt, though the form of proceeding is to be by summary proceeding.

Fredk. Whitaker.

May 23, 1870.

PUBLIC NOTIFICATION.

Superintendent’s Office,
Auckland, 27th May, 1870.

IT is hereby notified that Mr. Alexander Beveridge, Pilot, has been appointed by His Excellency the Governor to be also Harbourmaster for the Port of Hokianga.

John R. Nicholson,
Provincial Secretary.

PUBLIC NOTIFICATION.

Superintendent’s Office,
Auckland, 27th May, 1870.

IT is hereby notified that Mr. William Cracknell has been appointed Collector of Tolls on the Grahamstown Wharf, from the 21st instant.

John R. Nicholson,
Provincial Secretary.

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Superintendent’s Office,
May 25th, 1870.

Printed under the authority of the Provincial Government of the Province of Auckland, by Charles Williamson O’Connell-street, Auckland, Printer for the time being to the Provincial Government.