THE COUNCIL.

Dominion, Volume 6, Issue 1573, 17 October 1912, Page 6

THE COUNCIL.

;* 'DIVORCE: '' '■-■'. SHOULD INSANITY BE A GROUND? . The Legislative Council met at 2.30 p.m. .yesterday. , - , ■•■ " ■ • ".- ■ ; ■ The Divorce., and Matrimonial Causes Amendment Bill was considered in Comand * was subsequently reported without' amendment.' The Bill was then read a third-time and passed. < >■■■ Speaking to the subject of the measure, The lion: 0. SAMUEL said that lie h.id hoped that-'the Bill woiild contain two distinct provisions, '. which,', however, it did not include. In 'the first place ho had hoped ■Hint the Judges of the Court would have ' l)een : definitely, given power to mate orders for the maintenance of wives' a.nd children at the time of the . fc'railting of decrees nisi, which was the time when the Court had the information before it - which would most help it to come , to a iust : decision. The other omission was a more serious one. Two of the grounds for divorce were the murder by one party of the child. of the other partjv arid incurring by one- party of a. -, term of- seven years ■ penal servitude for ian'Jattempt on the' life of the other party* or the child. There were other offences which made it quite as impossible for two people to live together. The Hon. W. BEEHAN.expressed himself as opposed to. insanity being a ground for divorce. He moved thatMhe clause in the Bill which amended the principal Act by reducing from.ten years to seven ' years the term of incarceration .in a lunatic'asylum ,as a ground for divorce bliould be deleted. ' . The Hon. H. D. BELL said that the ict- : did not permit divorce unless the . case'was hopeless. He agreed with Mr. Beehan that' insanity should Tiot be ' made a ground 'for divorce at all, but that ;was" only , his opinion. He -thought' it unwise to have ever put ■ this ground' in' the Act at all; However, it was in the Act, and the present pro-j-osal was merely to, reduce tho term from ton years to seven years. There seemed to bo no'■ difference in principle l>etWfren ,: the-in'esent terih'and the proposed term. The seven 1 years' term, also, wa.s. to the period of nbsenco which-was permitted to bo presumptive evidence" of death. •

The Eon: W. BEEHAN '' maintained -that there shonkl be no further tinkering with the Act; the divorce laws were wide enough already. In a court held at New Plymouth not.very long ego the Judge to an applicant for divorce: "Yo'ii"want »"divorce? Very well, you can. liav? itj*. That was about as quick as divorce could l)e secured in America.

'The Council divided on tho question raised by the Hon. W. Beehnn. His motion, to entirely delete the clause ing insanity to be a ground for divorce was defeated by 25 to 11. . . LOCALiBILLS.The following local Bills were reported from Committee with a recommendation that they should'bo' allowed to proceed, und their second readings Were made orders of the day for , to-morrow:—Wellington and Korori Sanitation and Water Supply Bill, Westland Hospital and. Charitable Aid Board Vesting 'and Empowering Bill, Akaroa and Waipui Road District. Akaroa District, and Wairewu County Alteration of Boundaries, Wellington. Harbour Board Empowering Bill, ' Auckland Harhour Hoard Empowering Bill, Tilworth Trustees Act Amendment Hill, .Koss Borough Coun-' oil Vesting and Empowering, Amendment Bill, Christehiirch. Tramwnys" District Amendment Bill, and'Waiiuairi City Differential Rato Empowering. LEGISLATIVE COUNCIL BILL. It wns"decidbd that consideration oßhe Legislative Council Bill should bo undertaken to-morrow afternoon. / WIDOWS' PENSIONS. The Widows' Pensions-Act Amendment Bill was introduced frum the House. It was read a first 1 ; time. PUBLIC'SERVICE BILLPASSED THROUGH COMMITTEE-" The Public Service Bill was finally passed through tho Committee stage, and its third reading wafsetrdown for Friday. On the motion of the Ilon.-H.' D.'Bell,' it wns decided to delete Clause-2G of the , Billi,, and substitute., vhe ..following:— "Every male officerVwho has'been employed in the Public' Service for not less thtm three years-shall, if ho has then attained the age of, twenty-one years, be entitled to a salary of not less than £1M pev annum." M,' , . Bell stated tliat this clause would have the samceflect as' the one for which it was substituted, but that, it would prevent confusion. It was decided that Clause CI, which deals with the of promotions and retirements; should be struck out, and the" following inserted:—"(l),. Notice of every appointment, promotion, trans-, fer, retirement, removal, and dismissal of officers under this Act...shall 'be gazetted. (2) Every appointment," promotion, transfer, retirement, removal, or dismissal of an officer made by tho Com-, .lnissioncr under'this Act shall for all tho purposes of the' Public Service Classification and Superannuation Act, 1908, and of every other Actj relating to . the Civil Service or the Public Service, have the same force and effect as if made by the Governor. (3) Every officer of the administrative, professional, and clerical divisions shrtll jbe entitled, after the gazetting of his appointment, promotion, or transfer, to receive a warrant, under the hand of tho Governor, confirming such appointment, promotion, or transfer j but any failure "to issue such warrant shall not affect thn validity of such appointment, promotion, or transfer." It was also decided that the first schpdule to tho;Bill should be amended bv striking out the reference to Section 195 of tho Post and'Telcgraph Act, 1908. OTHER BILLS. The Valuation .of Land Amendment Bill, and the Auckland University College Amendment Bill were reported from Committee withbut amendment, read a third time, and passed. The Public Trust Office Amendment Bill was reported from Committee with one slight amendment, was yead a third time, and passed. The Hanraki Plains Amendment Bill, , also, passed its final stages. The Council rose at 5.10. THE MOKAU INQUIRY. Owing to pressure on our space the report of the Mokau Inquiry has been held over till next issue,