LAW-DRAFTING.

Dominion, Volume 6, Issue 1813, 28 July 1913, Page 4

LAW-DRAFTING.

Sir,—We have seen lately somo curiosities in tho way of papers set foi examination. It would seem the schoolmaster is not so frequent io his visits to the Government Buildings as he might be if the recent Bill for the amendment of the law of libel be any criterion. In your summary of its provisions in Saturday's Dominion you quoto one provision as follows:—"It is lawful to publish defamatory matter if tho matter is true, and it is for the public benefit that the publication should be mado." In this short sentence there are two errors in syntax and one—thero oould not be more —in punctuation. The (proverbial) sixth-form schoolboy would, it is to bo hoped, construct the sentence as follows:— "It .is lawful to. publish defamatory matter if tho matter bo true and is for tho public benefit," etc. The latter part of the sentence as quoted in the first instance above is, to say the least, inelegant: "that the publication should bo made," is clumsy phrasing. Far better, with fewer words, to say "that the publication should be mode"; but. better still, "that the matter bo published." Throughout, tho draftsman seems not to know the rule as to the subjunctive mood. The next quotation is in much the same plight .as the first. "Whether a comment is or is not fair," etc., is incorrect. It should be: "Whether a comment be or be not fair.' etc. Further on, the'same fault appears again: "If security as aforesaid is not given," surely should read—"be not given." This may appear hyper-criticism, ns the slovenly style of such drafting is common in speech and in careless composition, but we might at least expect verbal exactitude in an Act of Parliament.—l am, etc.. NOT "DR. PANGLOSS." July 21. ' P.S.—I have only referred to the construction of sentences. But is it not bad drafting to refer to matters bo "lawful" or otherwise when referring to civil liability? Lawfulness or tho reverse has reference rather to the criminal side of the law of defamation.—N."D.P."