REVIEW.
INDEX TO THE LAWS OF NEW ZEALAND.* This little book is evidently the production of a man who thoroughly understands the work which he has taken in hand. Some years ago Mr. Henry Smythies published “An Analytical Digest of the Laws of New Zealand,” but that, useful as it was, has now become quite obsolete. Mr. Cumin's book is, as its title indicates, not a digest but an index; he has, as he tells us, made no attempt at classification into subjects, with the sole exception of “ waste'"’ lands.” We regret this last circumstance, and shall again refer to it. The whole law of the General Assembly is in this little work divided into two main branches ; the “ existing law,” and the •“ extinct law,” and the several parts of these heads are distributed in seven tabulated stataments, lettered from Ato G. To these tables there are prefixed an introduction, a draft of certain sections proposed to be inserted in the Interpretation Act, 1868, and a draft of an adaptation of one of the English statute revision Acts, by which Mr. Cumin suggests the specific repeal of the abrogated, obsolete, and repealed Acts, as also the repealed sections of the Acts which are still in force. One single Act such as this, says Mr. Cumin, would be cheap if it could be bought tor a thousand pounds, and we agree with him. The amount of pestilent annoyance and waste of time which would be saved by such a collection in a single document of the entire dead law of the colony, it is quite impossible to overstate. The indices are followed by a list of the geographical divisions of the colony, including municipalities, counties, ridings, hundreds, and districts. To the whole is appended a postscript on the law of, mortgages under the Land Transfer Acts aiid the Conveyancing Ordinance'. Of the tabular statements of course the most important are the tables marked A. and B. When Mr. Cumin tells us in, his introduction that he had made no attempt to classify by .subjects, he was not strictly correct, for table A., ’ comprising the Imperial Acts in force in the colony, is arranged according to subjects, and a very useful plan it is. This table presents two columns on the page; the right-hand column contains the subjects arranged in alphabetical order,’ and opposite, in the left-hand column, are placed the titles of the several Acts relatingto that subject. So that by a look at this table we see what ■ Imperial Acts are in force' affecting the subject we may be desirous of obtaining information about. To this table is added a supplement having the same Acts arranged in chronological order. In table B, containing the colonial enactments of general applicability in force in the colony on ‘lst January, 1877, the arrangement is different. Each page has three columns or margins; the ' first containing the titles of the Acts alphabetically arranged ; the middle column, the sections of each Act repealed ; and the third, ’ the titles of the amending Acts affecting the Acts in the first column. There is no doubt
this table will save much trouble to the profession, and be for that reason extremely welcome. Instead of being obliged to fumble and dabble helplessly, perhaps for hours, through the cumbrous volumes of the statutes, a mere glance at the pages of this table will show how far each Act has been affected by the subsequent legislation and the particular Act or Acts thus affecting it. We are not informed why the arrangement by subjects adopted in the preceding table was discarded in this. We presume Mr. Curnin found it impossible to retain that plan in this table in consequence of the two new margins for repealed sections and amending Acts taking up nearly half the available space of the page. The tables following, lettered respectively C to H, do not heed to be specially referred to, but are all carefully compiled, and. will - be understood ou inspection. Having thus indicated in a cursory way the general contents of this unpretending but genuine and useful little book, we come back to what is, in our opinion, by no means the least important portion of it, viz., the introduction. , Here again the suggestions which are made ‘ bear internal evidence of being the work of a person thoroughly and practically acquainted with the subject he is talking about; and for that reason we do hope that these very valuable, practical, and simple suggestions will re- 1 ceive from the Parliament and the Government that attention which they merit. Mr. Curnin quotes a maxim which says that the law aims at perfection. We are afraid that this is very inappropriate to what has been the practical course of the law of New Zealand. It appears to have aimed at and to have attained a state of almighty muddle. The plain fact, which any one who has observed our legislation can testify, is, that it was not made by-one or any number of people, it got itself. made or passed while the Legislature was-busy with other matters, such as : fighting ifor place, clique against clique, party against party, and province against province. In,a degree greater or less' this is the characteristic .evil" of ‘ Parliamentary Government, which turns the- Legislative Chambers r" into, a Council for the control of the national administration, that is to say, too often into a bear garden. For the revision and simplification of our statutes. Mr.- Cumin’s suggestions take-two aspects, one relating to the purgation of the existing Statute Book, the other to the shape of its publication in future. “From the table it will be seen,” says Mr. Curnin, “ that | there are 1530 Ordinances and Acts of the supreme Legislature of; New Zealand passed since the foundation of the colony;;:and'these are‘distributed through' nineteen volumesi costing nearly as, many poundt. What can be done with this mass of law to reduce it into a more practical and'useful- 'shape ? Much has heretofore, been said about consolidation and cpdification, but nothing has-been done, seem-ingly-from a dread of the difficulties attending the work. And yet these difficulties vanish as the work is approached nearer.” Such is the practical statement of the problem to be solved, and'Mr. Curnin gives it a practical answer. We have "already referred to his draft Act for the sweeping away in one enactment of the whole dead - law in tables E, E, G, and H, and the repealed portions of tables A and B. If this were done, the whole existing law, Mr. Cumin says, could be collected in'three vols. of ll<uisardAV/.a. Therepealed and obsolete sections make up together about 700 sections, or the bulk of 70 Acts of 10 sections each, all _ of which could be cut. away. - Keally on reading this we have only to; make one remark t the nuisance is so great and the remedy so simple, why cannot it-be done.?- Mr; then turns to the mode of the future publication of the statutes, and here he is equally simple and, practical. He immediately places his finger on a spot which must have struck everyone who has looked through the contents of onr statutes. “ Where,” says he, “ is the necessity for printing all the local Acts with the public general Acts, thus making up a bulky volume . of which only one-half is of uniyeral interest ?’’ It needs, we think, only to ask the question to condemn the practice. Take the Statute Book of 1876 for an- example. Of the 103 public Acts of consists, only 39 are, public general Acts, the remaining 64 are all local or personal Acte.' “ In the English Statute Book, ■ these are not printed, but are arranged in a separate and distinct classification, their titles alone being given at the end of the volume. Why could not this plan be adopted here ? All the local and personal Acts having been already gazetted, every requisite need is supplied, without multiplying the .copies so much. If 2000 copies of the Counties Acc are required, what is to be done with two thousand copies of the local and personal Acts,. such as the Timaru Gas Act, or the Benwick Lease and Conveyancing Act ? These local Acts fill 306 pages, i.e., half the volume, which means that for every 1000 printed copies of these alone one ton weight bf paper is required, and when printed they are not looked at,” The absurdity is here forcibly and unanswerably stated, and when- stated must, vs imagine; be at once condemned by reasonable _ people. Mr. Curnin shirks no point of detail, but meets all in the same practical spirit Into these details, however, we have not space to follow him. We must referthosewho take an interest in the subject to his remarkably sug-
gestive and pregnant, introduction. In the postscript on the Land Transfer Act several very Serious anomalies are pointed out in the existing law of mortgage ; but here, too, we cannot follow into the discussion. The same may be svid of his notes on “Deferred Payments” and “ Declaration of Trusts." We have noticed this little volume at some length', both oh account of the great and growing importance of the subject with which it deals, and also of its own genuine value and utility. 1 Sometbi g must be at once done by public authority to introduce some order into the disgusting chaos of our statutes ; and we think this attempt of Mr. Cumin a hopeful and helpful first step in the right direction. We do not believe so much really good and available work has ever before in this colony been put in so small compass. When the price'is only five shillings, no one need remain without the help of a good finger-post in the dismal 'swamp of the New Zealand statutes. We hope the sale will be so extensive as to remunerate Mr. Cumin for his labor.
Permanent link to this item
Hononga pūmau ki tēnei tūemi
https://paperspast.natlib.govt.nz/newspapers/NZTIM18770219.2.13
Bibliographic details
Ngā taipitopito pukapuka
New Zealand Times, Volume XXXII, Issue 4964, 19 February 1877, Page 2
Word count
Tapeke kupu
1,651REVIEW. New Zealand Times, Volume XXXII, Issue 4964, 19 February 1877, Page 2
Using this item
Te whakamahi i tēnei tūemi
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.