SOLDIERS AND THEIR CIVIL LIABILITIES

Dominion, Volume 10, Issue 3036, 24 March 1917, Page 8

SOLDIERS AND THEIR CIVIL LIABILITIES

With the best possible intentions, the Government, in its latest War Regulations, designed to protect the interests of soldiers, has adopted > course which is, likely in a great many cases to prejudice those it is intended to benefit. The regulations in question wero issued on the 19th inst., and are described as "Regulations for the Protection of Soldierß against* Judicial and other Process."' In effect they provide that no proceedings' can be taken against the property of a soldier in pursuance of any judgment, decree, or order of any Court in its civil jurisdiction,' without the .previous consent in writing of the' Attorney-General'. Also, that without the- consent of the Attorney-General, ; it: shall not be lawful to seize or sell the property of any. soldier by way of distress for rent or to file-a bankruptcy petition.against a soldier;;...So far as .the latter provisions are concern;ed,. that is, the provisions.'relating to distress for .rent and proceedings in bankruptcy,, little if any/objection can be offered to.-the-protec-tion thus afforded- the- soldier.. But in depriving' the soldier's creditor oftho power to. recover against the' soldier's property, the' Government has practically placed it out 'of the power qf the soldier, or the reservist liable to be' called on.to serve, to obtain credit. It has to be.borne in mind that a great many of the men liable at the present time to be called up in the First or SecondDivision are conducting their businesses on credit. In. the country, 1 for instance, farmers are constantly buying'stock on credit or by means of advances 'given' on the security of the stock. It is, in fact> a daily occurrence. Now the person selling the stock on credit or. the firm making the advance which enable/the farmer to make the purchase; cannot be expected to go on doing business on' the old lines if he is to .bo compelled to carry the. risks'involved. under the new War Regulations. However anxious financial' institutions and individuals might'be to give credit and to make - advances to suit the convenience and needs of clients and_ customers, I ' they would be liable to involve themselves in financial embarrassments, possibly financial, r.uin, if. they were' to'continue, to _ make advances and give credit without possessing realisable security to ensure .repayment. The purpose of the' Government is commendable enough, and will be generally approved, seems clear that it will' to a great extent defeat its own ends if pressed in the manner now proposed. Instead'.of benefiting the soldier and the reservist <vho may be called on to serve, .it is liablo to seriously handicap them in many'cases to cripple the.means of securing the credit necessary to the carrying on of • their business. Perhaps the Attorney-General will give the matter consideration,-

.The following .notico appeared in a recent "Official Circular," to the Civil Service:—"Officers are notified that, during tlio currency of the war, voluntary retirement"!. of permanent officers, from the Public Service will not be permitted unless three months'' notico is 5 ■ '•