Public Roads.-The Public Roads Act of 1897 (No. 5) amends and consolidates the law relating to the opening, closing, and survey of public roads, and makes provision for the disposal of unnecessary roads, for preventing the obstruction and injury of roads, for altering the alignment of streets in municipalities, and for other matters of a like nature. Large powers to "resume" private land for the purpose of making a road are vested in the Governor on the initiative of the Minister for Lands, whenever the latter deems it expedient that a road should be opened (ss. 4, 5). In estimating what compensation shall be made to the owner, whether in land or money (s. 6), effect is to be given to what is known as the "betterment" principle, whereby any increase in the value of the property by reason of additional facilities of access is to be deducted from the estimated value of the land resumed (s. 9).

Pharmacy. By the Pharmacy Act, 1897 (No. 7), the Board of Pharmacy, as constituted by the Poisons Act of 1876, is dissolved, and a new Pharmacy Board is to be constituted and incorporated (s. 1). The Act provides for the examination and registration of pharmacists, and makes regulations with respect to the carrying on of a pharmacist's business. Every year two members of the Board (which is not to exceed eight in number) are to retire, and two new members are to be elected by the registered pharmacists (ss. 1, 2).

Public Trusts.-The Public Trusts Act, 1897 (No. 8), and the Real Property (Crown Lands) Act, 1897 (No. 47), add two more to the already long list of statutes dealing with Crown Lands. The former declares and enlarges the powers of the Governor with respect to the appointment of trustees of Crown Lands reserved, whether temporarily or permanently, and validates past appointments of corporate bodies as trustees of lands reserved for any public purpose. The latter provides for the exchange with or surrender to Her Majesty or the Governor of lands held by trustees or executors, and validates past transactions of that kind.

Municipal Loans.-Three Acts were passed dealing with the important subject of municipalities. The principal of these (No. 23) will be mentioned in its order. Of the other two, the Municipal Loans Act (No. 10), and the Municipal Loans Further Validation Act (No. 18), the former confers the power of borrowing money upon certain municipalities, which have hitherto not possessed such power, while the latter enables the Governor to validate certain loans already made to certain municipalities, and the securities given for the same.

Service of Equitable Process.-The Service of Equitable Process Act of 1897 (No. 11) has for its object to amend and declare the law relating to the service of process in the Supreme Court in its equitable jurisdiction, and repeals the somewhat similar Act of 1849, 13 Vict., No. 31. S. 3 specifies in what cases the Supreme Court may allow any equitable process to be served out of the jurisdiction; and for the most part it contains

provisions similar to those contained in the English Rules, S.C., 1883, Order 11. It, however, makes one important addition to those provisions by providing that the judge may allow such service whenever "(i) relief is sought against a person out of the jurisdiction in respect of his membership or alleged membership in any company or society whose principal place of registration is within the jurisdiction." 1

Church Lands.-Two Acts deal with Church lands. The first of thesethe Church Acts Repealing Act of 1897 (No. 16)—after reciting that provision has been made for the management of parochial property of the Church of England within the province of New South Wales, and for the formation of a tribunal for the administration of ecclesiastical discipline in every diocese, repeals the Church Acts, 7 Will. 4, No. 3; 8 Will. 4, No. 5; and 21 Vict., No. 4, enacts that all lands held for Church purposes shall be held subject to the Ordinances of Synod, validates the appointment of trustees in the past, and vests Church property in new trustees duly appointed without requiring a conveyance. The second of these Acts-the Church and School Lands Act, 1897 (No. 20)—repeals Acts of 1880, 1884, and 1889, and in effect provides that Church and School lands shall vest in Her Majesty, and shall be dealt with as Crown lands under the Crown Lands Acts.

Licensing. The Licensing Acts Amendment Act, 1897 (No. 17), amends the Licensing Acts of 1882 and 1883.

Registration of Deeds.-The Registration of Deeds Act, 1897 (No. 22), repeals the whole or parts of five prior Acts, re-enacting most of the provisions of the Registration of Deeds Act of 1843 (7 Vict., No. 16), and providing for the registration of all statutes of the colony, of grants by the Crown, and wills and instruments affecting land, and of charters of incorporation and memorials of companies (s. 6).

Municipalities.-The Municipalities Act, 1897 (No. 23), as already mentioned, is the most important statute of the Session, being in effect a Local Government Act for all populous places within the colony. It repeals the Act of 1867 (31 Vict., No. 12) and fifteen amending Acts, and in 265 sections and 20 schedules makes elaborate provisions regarding the constitution of municipalities, old and new, and everything appertaining to municipalities. It enables the Governor, on the petition of at least fifty persons who would become liable to be assessed for municipal taxes, to create a new "borough " or "municipal district," unless a counter-petition signed by a greater number of such persons is presented within a limited time (s. 11). The Act also

The effect of service of process in such cases on persons not resident within the colony will doubtless have to be considered in the future in some case in which an attempt is made to give practical effect to these provisions; and the English courts may be called upon to decide whether it is competent for the Colonial Legislature to enable the courts of the colony to assume jurdisdiction over those who do not reside within, and are not personally subject to such jurisdiction. See and compare Bank of Australasia v. Harding (1850), 9 C.B. 661; and Sirdar Gardyal Singh v. Rajah of Faridkote (1894), A.C. 670; 11 R. 340; 10 Times R. 621; and the cases there cited.

deals with the qualification of mayors, aldermen, and auditors, with municipal elections, rates, loans, and municipal undertakings generally.

Nuisances. The Nuisances' Prevention Act, 1897 (No. 24), repeals the Acts 39 Vict., No. 14, and 55 Vict., No. 20, and is a complement to the Municipalities Act, enacting that the council of each municipality shall exercise and execute certain powers and duties with respect to sanitary matters within their boundaries.

Quarantine. The Quarantine Act, 1897 (No. 25), repeals the Acts 3 Will. 4, No. 1; 17 Vict., No. 29; and 58 Vict., No. 2; and consolidates quarantine regulations.

Public Entertainments.-The Public Entertainments Act, 1897 (No. 26), repeals the Acts 14 Vict., No. 23, and 36 Vict., No. 8, and consolidates the laws for regulating places of public entertainment, providing for the licensing of such places. It also enacts that "the Colonial Secretary may, whenever he is of opinion that it is fitting for the preservation of good manners, decorum, or of the public peace so to do, forbid by writing under his hand the acting or representing any public entertainment, or any part thereof, or any prologue or epilogue, or any part thereof, in such theatres or other places. for which an authority or license or general license may have been granted under the authority of this Act" (s. 9).

Excise. The Distillation Act, 1897 (No. 27), is an Act of 157 sections to consolidate the laws relating to the distillation, rectifying, and compounding of spirits, and the protection of the Revenue with respect to the duties on spirits. The penalty for distilling spirits without a license and for various other offences under the Act is fixed at not less than £100 nor more than £5co. It repeals five earlier Acts.

Employers' Liability.-The Employers' Liability Act of 1897 (No. 28), repeals the Act of 1886 (No. 8) and the Act of 1893 (No. 6), which extended the provisions of the earlier Act to certain seamen, and re-enacts their provisions in a single Act.

Contractors' Debts. -The Contractors' Debts Act of 1897 (No. 29) repeals the Acts of 1879 (No. 22) and of 1888 (No. 3), and re-enacts their provisions.

Claims against the Government and Crown Suits.-The Claims against the Government and Crown Suits Act, 1897 (No. 30), is another consolidating Act, repealing the Acts of 1856 (No. 3) and of 1876 (No. 38), and reenacting their provisions.

Compensation for Fatal Accidents. The Compensation to Relatives Act of 1897 (No. 31) repeals and, in a slightly shortened form, re-enacts the provisions of the Act of 1847 (11 Vict., No. 32), and is virtually a re-enactment of Lord Campbell's Act. No notice is taken of the English amending Act of 1864 (27 & 28 Vict., c. 95), enabling those interested to sue when no action has been brought within six months by the executor, so that the law in the colony remains as it was in England prior to 1864.

Australasian Federation.-The Australasian Federation Enabling Act Amendment Act of 1897 (No. 34) alters s. 35 of the Principal Act of 1895 (No. 24)1 by substituting eighty thousand for fifty thousand votes as the number of electors requisite for acceptance on the part of New South Wales of the Federal Constitution. Any number of votes in the affirmative less than eighty thousand is equivalent to the rejection of the Bill.

Patents and Trademarks.-The International Patents and Trademarks' Arrangements Act, 1897 (No. 35), recites the provisions of s. 103 of the Imperial Patents, Designs, and Trademarks Act, 1883 (46 & 47 Vict., c. 57), as amended by the Imperial Act of 1885 (48 & 49 Vict., c. 63) and of s. 104 of the former Act, and enacts that if Her Majesty applies the provisions of s. 103 to this colony, such inventions, designs, and trademarks as are protected in England or under international arrangements in foreign states, may receive similar protection in the colony (s. 2). The Act also provides for similar mutual protection of inventions, etc., protected in other British possessions (s. 3).2

Companies' Arrangement. The Joint Stock Companies' Arrangement (Continuation) Act, 1897 (No. 37), amends s. 3 of the Principal Act of 1891 (55 Vict., No. 9) by extending the time for making applications and orders under that section until January 1st, 1899. The Joint Stock Companies' Arrangement Act, 1891—a false date, since the Act was passed in January 1892-not only by s. 2 adopted the provisions of the Imperial Act of 1870 (33 & 34 Vict., c. 104), but by s. 3 empowered the court, where no order had been made or resolution passed for the winding-up of a company, on the application of the company or of any creditor to restrain proceedings against the company upon terms, and to order such meeting of creditors, and sanction such arrangement or compromise as might by s. 2 be ordered and sanctioned in a winding-up. No application or order, however, was to be made under s. 3 after January 1st, 1896-a date extended by 59 Vict., No. 19, until 1898, and by the present Act until January 1st, 1899.

Trust Property.-The Trust Property Amendment Act, 1897 (No. 38), extends the provisions of s. 63 of the Trust Property Act of 1862 as to the vesting of property in a new trustee by virtue merely of the order or instrument appointing him.

1 As to the provisions of this Act, see Journal, vol. i., pp. 29, 42.

* Similar provisions were made in Queensland by the Patents, Designs, and Trademarks Act, 1884 (No. 13), Part V., ss. 80, 81; in New Zealand by the Patents, Designs, and Trademarks Act, 1889 (No. 12); in Western Australia by the Act of 1894, 58 Vict., No. 4, ss. 3, 4; and (limited to reciprocity with the United Kingdom) in Tasmania by the Act of 1884, 48 Vict., No. 3; and (with limitation to the United Kingdom and British possessions) in Victoria by the Trademarks Act, 1890, (No. 1146), ss. 31, 32. Orders in Council were made applying the provisions of s. 103 of the English Act of 1883 to Queensland on September 17th, 1885; to New Zealand on February 8th, 1890; to Tasmania on April 30th, 1894; and to Western Australia on May 11th, 1895. No such order has yet (November 8th, 1898) been made with respect to New South Wales.

Artesian Wells.-The Artesian Wells Act, 1897 (No. 41), makes extensive provision for the construction by Government of such wells, and of works in connection therewith, throughout the colony, for the levying of charges to defray the cost, and for the protection of such works.

Vegetation Diseases.-The Vegetation Diseases Act, 1897 (No. 48), provides for the better prevention of the spread of diseases affecting plants, and for the destruction of insects and other pests injurious to vegetation.

7. NEW ZEALAND.

Acts passed-Public, 30; Local, 14; Private, 1.

The legislative activity of the New Zealand Parliament in 1897 was considerably curtailed by a general election. The two measures passed before the dissolution are of a purely transitory character; and when Parliament reassembled there was not sufficient time to deal with any measures of first-rate importance.

Land Tax and Income Tax.-The Land Tax and Income Tax Act, 1897 (No. 4), fixes the rates of land tax and income tax for the year. The rates are the same as in 1895 and 1896.1 The license fee for nonresident agents is abolished by the Land and Income Assessment Act, 1897 (No. 19).2

Validity of Election of Bankrupt. The Awarua Seat Enquiry Act, 1897 (No. 5), in accordance with the recommendation of a committee appointed to enquire into the matter, referred to the court of appeal of the colony (whose decision was to be final) the question of the validity of the election to a seat in the House of Representatives of a person whose bankruptcy was at the time of the election unannulled, and who had not obtained his discharge.

In consequence of the decision in favour of the bankrupts, a subsequent Act-the Members of the House of Representatives' Disqualification Act, 1897 (No. 11)-disqualified persons who were bankrupts within the meaning of the Bankruptcy Act, 1892, from being nominated as candidates for, from being elected to, and from taking their seats in, the House of Representatives.

Sunday Labour in Mines.-The Sunday Labour in Mines' Prevention Act, 1897 (No. 7), prohibited the employment of workmen in mines on Sunday without the consent of the Inspector of Mines. The inspector is not to give his consent except in cases where he is satisfied that the labour cannot be suspended on Sunday without risk of injury to the mines or its operations. An appeal lies from the decision of the inspector to the

Sce vol. i., pp. 85, 86.

The license duty was £50, which was imposed on non-resident agents in lieu of income tax (see vol. i., p. 85).