The Akaroa Mail. FRIDAY, SEPTEMBER 17.
vVhil:s our legislators have not been able during the past session to find timo to deal with many pressing questions, although such measures as the Licensing Bill and that providing for the re-distri-bution of seats had to be postponed till a more convenient season, yet it would be a mistake to suppose that the session has been utterly barren of results. Exclusive of local and private Acts, fifty-; , seven enactments have been added to the Statute Book. At first sight this addition would appear to be an unmitigated evil, as we are already groaning under a of unnecessary, intricate, and unintelligible legislation ;. but on further examination we find that the addition is only nominal, and that while fifty-seven Acts have been added, some hundreds have been swept away, and may be consigned tn the waste-pap< r basket. In other words, many of the new enactments are "consolidating ''
measures, compressing into one measure the provisions on a given subject which are now to bo found scnttjrod over lnlf-a-dozon " Acts " and " Amendinni 1 Acts." Of this nature are the " Alien," " Cruelty to Animals," " Mercantile Law," " Anns," " Juries/ " Dog* Resjisti-ntioa " Acts, etc. Most of those measures originate.! in the Legislative Council. In the calm and placid atmorphere of that sublime retreat, far removed from the din and turmoil of party warfare in which the Lower House was involved, their Lordships could devote their undivided attention to such engrossing subjects as dogs, rabbits, and bills of exchange. Oα the other hand, members of the House* of Representatives wore no doubt glad to have a certain amount of work done for them, and we fear rushed some of these measures through in a somewhat crude and without sufficient consideration. For a:i example taken at random, here are Wo consecutive sections of the Mercantile Law Act relating to carriers : —
25. Every common carrier for hire by land, or by sea between any ports within the colony, shall be liable fur the loss of or for injury done to any horses, cuttle, or any 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 liis servants, notwithstanding , any notice, condition declaration, or contract given, innrie, <>v entered into by such carrier contrary thereto, or in anywise limiting such liability, in tho same manner and to the same extent as if no such notice, condition, declaration, or contract had been given, made, or entered into.
2G. Nothing herein contained shall be construed to prevent a carrier from making such co , ditions with respect to receiving, forwarding, and delivering any of the said animaW, articles, goods, or things, as sliall lie adjudged by the Court or Judge before whom any question relating thereto shall bo tried (o bo just and reasonable.
On reading the first of these sectfons we rejoiced to think that a doctrine which lias often been laid down trom the Bench, was at last embodied in a statute, and that we had seen the last of the ridiculous so-called " conditions " which shippingcompanies and other carriers are addicted to printing on their tickets to the effect that they " will not bo responsible for" tliis, that, and the other contingency, till.on the face of it they appear to claim a right to throw their customers' property overboard if they choose, and yet bo held harmless. Dub how completely the following section renders this one nugatory ! How the gentlemen 1 of the long robe must have chuckled when those two sections were read in Com-
mittee ! First, a carrier was to be liable to fulfil the contract which he was paid to execute; but, secondly, " nothing herein contained " —what a fine, legal ring these words have !—shall prevent him from contracting himself put of his liability, and then dragging any person aggrieved through every court in the country till he finds one which will pronounce his conditions "just and reasonable." But so long as we insist on employing " professional men " to draft us Acts, so long will they be full of nice little pit r fpl|.s like the foregoing, which, jwilljbe to bring grist to the " professional " mill.
Another tiiensure which repeals a number of Acts and Ordinances is the Dog Registration Act. As the Canterbury pog Nuisance Ordinances , are among tho.se repealed, a short summary of its principal provisions will no doubt bo acceptable to our I'uiders.
The age at which a dog must be registered is six months, instead of three, ns in the Canterbury Ordinance. No dogs are exempted from registration by the Act, but any exempted by any other Act {eg" , the Rabbit Act) must be registered, though no charge will be made for registration. The local authority may -appoint registrars and offices. At present this has to be done by the Governor, and the ptveess is cumbrous in the extreme. The fee is fixed at 10s per annum, but in .the case of a first registration after July in nny year, only half that sum is demanded up to the end of the year. Under the head of " injuries by dogs," it is provided that dangerous dogs may-be destroyed'; that dogs rushing at horses or cattle may be killed,and their owners arc liable to a penalty be - sides any damage that tho dog may occasion. Any person may kill a, dog when seen attacking sheep, etc, and dogs running at large among sheep or cattlirtnay be destroyed by the owner of such sheep or cattle or his agent. All fees, fines, and penalties received under the Act shall be paid to the District Fund—that is, the County, Borough, or Eoad Board Fund, as the case may be. But in the case of penalties, the convicting justices may direct lialf the fine to go to the informer. Under this section the County Council should be able (o secure an efficient ranger. The penalti* s for various offences are fines not exceeding £b, £10, and £20, but whereas the Canterbury Ordinance prescribes a minimum penalty of 20s for having an unregistered dog, the new Act leaves the minimum entirely to tho discretion of the
justices
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Akaroa Mail and Banks Peninsula Advertiser, Volume V, Issue 434, 17 September 1880, Page 2
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1,031The Akaroa Mail. FRIDAY, SEPTEMBER 17. Akaroa Mail and Banks Peninsula Advertiser, Volume V, Issue 434, 17 September 1880, Page 2
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