The Globe. WEDNESDAY AUGUST 28, 1878.

Globe, Volume XX, Issue 1415, 28 August 1878, Page 2

The Globe. WEDNESDAY AUGUST 28, 1878.

On more occasions than ono the judges of the colony have expressed their desire that the statutes in force in New Zealand should ho collected into something like order, so that reference to any particular Act might ho rendered less laborious than is at present the case. The predilection of the Now Zealand Legislature to repeal ono session what thoy havo passed in a former, and to introduce and pass amending Acts innumerable, has brought about a peculiar state of things. Now, even the Bonch whoso duty it is to interpret the law, and the Bar who are constantly referring to the Acts, positively aro, in many cases, unaware whether such, and such an Act is in existence or not, or whether any and what amendment has taken place. If this be so with regard to thoso skilled in the law, how much more perplexing must such a state of things bo to the general public. There are a variety of domestic and social Acts bearing upon tho people as a whole — Acts under which they are required to do certain things, the neglect to do which entails a penalty. In the present chaos of legislation, with Acts partly and wholly repealed, clauses excised and inserted, it is a matter of impossibility for anyone to get even the faintest inkling of what the law really is upon any given subject. Besides, the Acts not being collected into a handy form, many of them aro out of print and therefore unobtainable. This boing the case we aro glad to see that tho Attorney-General, who no doubt in the practice of his profession has felt the inconvenience wo havo referred to, has brought in a Bill which has been carried in the Lower House for compiling a now edition of tho enactments now in force in New Zealand. Tho Bill is eminently practical, and should, we think, prove of very great value, not alone to the Bonch and Bar, but also to the public generally. It provides for tho appointment of a commission by the Governor consisting of three persons, one of whom is to be a Judge of the Supreme Court, whoso duty it shall bo to compile and print a new edition of the public general statutes, omitting therefrom all statutes which have expired by effluxion of time, or have been repealed or disallowed. The commission, it will thus be seen, are empowered to remove from the statute book all repealed statutes. Owing to the causes to which wo havo referred, there are now standing in tho books many statutes which have been repealed, and unless the person consulting them happens to be aware of the existence of a repealing or amending Act, much misapprehension is likely to ensue. In some cases the whole effect of an Act has been changed by the passing in a subsequent session of an amending Act of one or two clauses, the existene of which under the present system is known perhaps only to a few. By the Act under notice the commissioners will remove from the statute book all repealed Acts, whilst the amending ones will be so placed as to show exactly the effect and spirit of the amendments made. Under this arrangement it will be possible for even a layman to see at a glance what is tho actual state of the law on any given subject. The Bill then proceeds to provide that the commissioners may include in tho edition of the laws of the colony such enactments of the Imperial Parliament affecting the colony, and in force here as they may deem fit. This again is a very desirable provision. The legislation of tho Imperial Parliament governs our laws here in many important points, and it is therefore necessary that the Acts under which it does so should bo collated with those of the New Zealand Legislature po that their effect can be plainly seen. Tho same remarks apply to these Acts as to thoso of our own Parliament. In many cases their existence is only partially known, and the bearing they have upon our laws here but slightly recognised by the people. The including those in the proposed reprint of the Statutes seems to us a wise step. It is not intended to include in the proposed edition any enactments of a temporary character or enactments of merely local or personal nature. In every session of the New Zealand Parliament there are a number of Bills passed dealing with purely private or strictly local matters, which interest only tho individual or particular locality concerned. It would obviously be absurd to include those in tho proposed edition, as what it is intended to bo is a handy book of laws affecting the whole colony. Temporary measures, such as Imprest Supply and other Acts, which are afterAvards superseded by more comprehensive and detailed legislation, of course will not be required. There is a provision in tho Bill for making tho proposed edition, if purporting to be printed under the authority of tho Government, admissablo ;is evidence in all Courts, and also that in respect to enactments of a general and public nature. Tho edition, when printed, shall in all Courts be held to be prima facie evidence that they contain the only lawful enactments of the Legislature. Of course this provision only comprises the first and last date of the enactments inserted. Tho Commission, so far as we read the Bill is to bo continuous and to arrange for tho addition to tho edition of the new Statutes as passed. of course, is necessary, as revision from time to time must be carried out, Altogether the Bill is one which will bo of infinite service, and as there is overy probability of it becoming law, and we look forward to the practical results from it with pleasurable anticipation. In this as well as other bills dealing with subjects of social and general interest, the AttorneyGeneral deserves very great praise for his evident desire to promote legislation which will be for tho good of the whole colony,