THE Grey River Argus. TUESDAY, SEPTEMBER 8, 1868.

Grey River Argus, Volume VI, Issue 414, 8 September 1868, Page 2

THE Grey River Argus. TUESDAY, SEPTEMBER 8, 1868.

The Treason Felony Act of New Zealand has been passed by both Houses of Assembly and assented to by the Governor. This Act has been introduced under the advice of the Secretary of State for the Colonies, in order to assimilate the English and Colonial laws with regard to the crime, or series of ciimes, called treason felony. Althaugh drawn up with the same objects in view as the Act of the N"ew South Wales Legislature, which was sent back for reconsideration and amendment, it is not nearly so strict in its clauses, and will be found to be rather an improvement upon previous legislation on this subject ; the most severe sentence which can under it be passed for any of the enumerated offences, being penal servitude for life, whereas previous Acts went the length of inflicting capital punishment. We must not be supposed to favor the passiug of this lneasuie, because, modified as it is, we believe it to be a mosfc uncalled for piece of legislation, which will prove to be anything but a credit to our legislature, or an ornament to the statute-book of a young colony. But as there is no doubt that it will be brought into foree — if not now in foree — we may as well give a summary of its clauses, for the information of our readers. But first we may mention that the obnoxious clause in the New South Wales Act, which was supposed to have been imported into the New Zealand Act — rendering it penal for any person to refuse to drink the Queen's health at a public entei'tainment or otherwise — is not to be found in it. Clause one contains the title of the Bill ; clause two provides for the repeal of certain English Acts on this subject previously in force in the Colony, on the coming into force of "The Treason Felony Act, 18G8." The third clause specifies the offences which

are declared to be felonies by this Act, and which are to be punishable by penal servitude or imprisonment. They are, to compass, imagine, invent, devise, or intend to deprive or depose the Queen ? her heirs, or successors from the British Throne, or any of her dominions, to levy war against him or them, in order to force or constrain, intimidate ov overawe the Parliament, to change their measm-es ; or to move any foreigner to invade any British possession, "and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by open find. advised speaking, or by any overt act or deed, every person so offending shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to be kept in penal servitude for the term of his natural life, qv for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement." Clause four provides that no person shall be prosecuted for any act of felony under this Act, unless the information upon oath is made before one or more Justices of the Peace for the Colony within six days after such words shall have been spoken, and a warrant is issued for ths appi'ehension of the offender, signed l>y two or more Justices, within ten days after such information is laid ; and no p3r-san shall be convicted of opeu or advised speaking of matters herein de. clayed to be felony, unless the words spoken shall be proved by fwo predjble witnesses. The next three clauses are unimportant. Clause eight provides for the punishment of accessories to the crime. Accessories before the fact are punishable in the same manner and degree as the principal ; and, after the fact of any felony, "shall, on conviction, be liable, at the discretion of the Court, to be imprisoned, with or without hard labor, and with or without solitary confinement, for any term not exceeding two years." The ninth, and last clause, is the most serious in the Act, as it gives power to search suspected houses for documents or arms. It gave rise to much discussion on its second reading, and was freely condemned by the West Coast and other members as being entirely subversive of the liberty of the subject, and destructive of the good old English idea that " eveiy man's house is his castle." We cannot do better than quote the clause in its entirety, in order that our readers may judge for themselves: — If it shall be made to appear by information on oath or affirmation before any two or more Justices of the Peace that there are grounds for suspecting that persons guilty of felony under this Act or of being accessories to any such felony or that papers which would tend to prove the commission of any such felony or that any arms intended to be used in furtherance of any such felony are concealed in any house or place they may issue their warrant directing any constable or other peace officer with such persons as he may call to his assistance to enter by force if necessary such house or place and to make search therein for such persons papers or arms and to apprehend such persons and I to seize such i>apers and arms and it shall be lawful for such constable or other peace officer and such other persons as aforesaid to execute and assist in executing such wa*rrant whether such house or place shall be the house or place of any persons mentioned in such warrant as suspected of having committed or been accessory to any such felony or the house or place of any other person and no such constable peace officer or other person aforesaid shall be deemed to have committed a trespass in executing or assisting to execute such warrant though no such persons papers or arms be found in the house or place in which the same shall be executed and if any such papers or arms shall be found upon such search it shall be lawful to seize and carry the same before any two Justices of the Peace who may order the same to be detained until the Governor's pleasure be known with regard to the disposition thereof and the same shall be disposed of as the Governor shall direct.