AUCKLAND. LEGISLATIVE COUNCIL.

New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 35, 7 June 1845, Page 4

AUCKLAND. LEGISLATIVE COUNCIL.

Tuesday, April 15. Present all the members. After the minutes of the last meeting were read and confirmed, The Governor gave notice that on the third reading of the " Highway Bill," he -would move that the title be altered to " Public Roads/ and Works' Bill." The Imprisonment for Debt Bill. The Attorney General upon the introduction of this Bill said, that it had been the principle and practice of EritishTJaw to presume the guilt of the dehtor till he proved his innocence or misfortune ; aad confinement had consequently been uniformly sanctioned upon the oath of the creditor. The more recent and more merciful arrangement of English jurisprudence, is to presume that fiie debtor is not fraudulent, and to protect him from a deprivation of his liberty, till it has been shown that he has been guilty of dishonest practic.es. In England, in fact, the recent enactments go to abolish imprisonment for debt altogether, arid

the bill has been fmmed after the present spirit of English law. It protected the innocent debtor from incarceration, and afforded time for the adjustment of an insolvent's affairs, to the manifest benefit of all parties. Mr. Whitaker said that it was by no means unusual ; on the contrary, experience generally afforded example the other way — that these very important changes in the law underwent revision and readjustment immediately after the first period of their probation ; it would very probably be the case in respect of the recent alterations made at home in the law of imprisonment for debt. The Bill now before the Council does not propose any alteration till her Majesty's pleasure 1 be known. He would therefore suggest that the i matter be delayed to the next sessions ; by that time we should hear whether the English practice had become established ; if it had, the present bill might be adopted at onee — so that no time should be lost, and the public have, perhaps, i a more early possession of any advantage it contained than they otherwise might. After some observations upon the extremely objectionable nature of the 7th clause, the whole Bill was postponed till the next sessions. His Excellency the Governor took advantage of this occasion to observe that he was not sorry to hear the testimony of Mr. Whitaker and others to the frequent and necessary alterations and improvements, pointed out by experience, which were made by the British parliament in their legislative enactments ; it appeared that they were constant, and that such amendments called forth no reproach, even though the very keenest and most experienced intellects thus acknowledged error and adopted correction. But here, forsooth, the critics of the day raised an outcry upon every necessary change as if human judgment was incapable of any infirmity. The Governor moved the order of the day for the first reading of the " Supplementary Appro- [ priation Bill," which was accordingly read. The Colonial Secretary moved that the standing rules and orders be suspended, on which it was ordered that the said Bill be read a second time. ' On clause one being read, Mr. Whitaker proposed that five pounds be deducted from the Clerk and Warehouse Keeper's salary, but sub ■ sequently withdrew it. Clauses one and two read and agreed to. The Bill was then ordered to be engrossed, and read a third time on Thursday, 17th April. The Governor then moved the first reading of the " Fines for Assaults' Bill ;" read accordingly . The Attorney General gave notice, that he would move that clause one be amended, by inserting "in the 12th line, the words "him or" after the word " to."' Ordered that the said Bill, be read a second time on Thursday. -Council adjourned to Thursday. [On Thursday the Council assembled at the usual time, but his Excellency the Governor having more pressing avocations an adjournment took place till Saturday.]

Saturday, Aphii. 19, 1545. -> The Council was full, and the Supplementary Appropriation Bill was finally passed without alteration. His Excellency then laid upon the table a bill for bringing into operation, in this colony, the following acts of the Imperial Parliament, which, being recently adopted at home, would not become law here without the sanction of a colonial act. These acts were — first, for the abolition' of the punishment of death in certain cases for which the British law had formerly demanded it — second, an improvement in the law of evidence, by which, in certain circumstances, litigants would be allowed to give testimony in their own causes — and third, an improvement of the practice of the law in cases of defamatory language and libel. His Excellency observed that the introduction of these matters might be considered quite a matter of form, but if any member wished to add to these three any more of the multitudinous acts of Parliament recently passed at home, the executive government would give their suggestion every possible attention. The business of the Council might be closed on Tuesday, if the hon. members had no objection to a second reading of the bill talcing place now. . Tlie*sl^»<li»-g«cules w,ere-suspendedV aad^tk§, bill was read twice. The Attorney General introduced the Fines for Assaults' Bill, or rather the bill for the appropriation of fines for assaults, to a second reading. The principle of the bill, the hon. gentleman said, was to correct the legal action that all damage done to individuals personally, was inflicted upon the supreme head of the government — upon the Queen, and that, consequently, any fine imposed, should go into the public pocket, instead of falling as a recompense to the injured party. It was to remedy this that this bill was introduced, and if it passed the Council, the result would be, that henceforth, in cases where evidence besides that of the complainant was given, to show wanton and unprovoked assault and actual personal injury, a part of the penalty (not exceeding one half,) may be awarded by the magistrates to the complainant. The hon. and learned gentleman^ thought the bill was so fenced round with cautionary provisions as not to give any encouragement to false or interested testimony. "Mr. Donnelly said this was certainly a marked deviation from the principle of British law, — but

still lie thought it peculiarly appropriate to the; colony ; ho loolccd upon it as the forerunner of a code of laws suitable to the manners ancb management of the natives. Mr. Whitaker approved of the principle of the bill, whether as applied to natives or to our own people, although it was clearly a departure* from the rule of British law. Mr. Heale was also favorable to the bill/ although no one could deny that it broke down" the distinction, so clearly defined in British courts, between civil damages for compensation, and criminal fine for punishment.The Colonial Secretary was ire favbr' of' the bill, because it gave encouragement to the native I custom and law — of payment and retribution' for injury. " The Attorney General said the bill woaßl 2 notf do away with the right of bringing an aetioe*' for damage in assault cases. Bill read a second time. tThe Council then passed to the third reading I of the Highway and Public Improvements' Bill, which was read a third time, and made law. It provides a toll for wheel carriages not exceeding sixpence, and for the existence of a Board of Commissioners, elected by landholders from among their own body, to pass a rate to provide for public improvement. The Council then adjourned till Tuesday, when it is expected the labours of the present session will close.