The Globe. MONDAY, JANUARY 8, 1877.

Globe, Volume VII, Issue 794, 8 January 1877, Page 2

The Globe. MONDAY, JANUARY 8, 1877.

His Honor Mb Justice Williams in his charge to the Grand Jury on the occasion of the criminal session at Dunedin made some remarks on the subject of legislation which deserve more than passing notice. The particular branch of Parliamentary labor to which he referred was the Bankruptcy Act, but generally his Honor advocated the making of colonial legislation uniform as far as possible with that of the mother country. In doing this the advantage of having the decisions of English law courts upon disputed points was dwelt upon. It is well known that colonial Acts are puzzling in the last degree even to those who have to administer them, and therefore the soundness of the proposition advanced by his Honor will at once be seen. The remarks made on this subject are so pertinent and forcible that we cannot do better than reproduce them. His Honor, after speaking of the many advantages likely to accrue from the assimilation of legislation advocated, goes onto say:—“lt maybe stated broadly that every new Act that deals with a complicated subject must inevitably require judicial interpretation. This has to be obtained at the expense of the persons whom the Act affects. If and so far as one of our Acts is modelled on an English Act, we have the benefit of the decisions of the English Courts on doubtful points. Our doubts are, in fact, solved at the expense of English suitors. If, on the other hand, we cast aside English legislation, and venture on originality, the doubts will arise as before, but they have to be settled here at great expense to suitors, and with great waste of time and labor to all concerned. A higher degree of certainty in the interpretation of the law is too great an advantage to be sacrificed, except for very valid resons. I have been led to make these remarks because I observe that the new Bankruptcy Act differs very materially from the existing English Act, and from any former English Act, and that where our Act intends to provide for the same matters as the English Act, the provisions of the two Acts are expressed in different language.” That is, those whose duty it is to work the Act, instead of as at present having with great waste of public time and expense to suitors to form precedents and evolve interpretations, will find ready to their hands the opinions of the Courts of the United Kingdom on subjects of doubtful interpretation. The value of these cannot be too highly estimated, more especially in Acts dealing with a subject so complicated ' and important to the commercial interests of the community as that relating to bankruptcy. As pointed out by his Honor, it is not necessary that we should adopt English Acts in globo, defects and all, but that the main principles of English legislation should be followed, with such alterations as the difference of circumstances existing between the colonies and in England render necessary. During late years, more especially as regards the law of bankruptcy, the tendency of the legislation of the Imperial Parliament has been towards a lioeral and more advanced system. The main object of all legislation should be the putting the administration of the law upon such clear grounds as to prevent the possibility of wrong being inflicted. With new Acts, so far as the colony is concerned however, comes almost endless litigation to discover what is really the intention of the Legislature It therefore becomes matter for serious consideration whether it would not be a great saving alike to the public and the judges, whose duty it is to administer these Acts, if we were to adopt legislation, the practice and precedents with regard to which have already been clearly laid down. If by so doing we gain the advantages referred to by bis Honor, then by all means let us adopt the course he suggests. We commend the remarks of the learned judge to the members of the House of Representatives, as those of one who speaks with authority on the subject, and not only so, but gives excellent and sound reasons for the adoption of as far as possible a system of uniformity with the legislation of the mother country.