New Zealand Times. (PUBLISHED DAILY.) THURSDAY, AUGUST 23, 1877.

New Zealand Times, Volume XXXII, Issue 5122, 23 August 1877, Page 2

New Zealand Times. (PUBLISHED DAILY.) THURSDAY, AUGUST 23, 1877.

Notwithstanding the undoubted prosperity of New Zealand, it is manifest that the colony is not without a number of destitute persons, the burden of whose maintenance is often thrown upon the public when it ought to be borne by private parties upon whom these destitute people have natural and legitimate claims. A large proportion of those who are left without means of support here, as in the sister colonies, is composed of women and children deserted by their husbands and fathers, who, it cannot be disputed, ought, if possible, to be compelled to maintain those dependent upon them, if they have the means; yet it is to be feared that in some instances this natural obligation is neglected where it might be observed without entailing any hardship on the persons who ought to bo bound by it? That near relatives of destitute persons should, when able, be liable to contribute to their support is a proposition the soundness of which few will dispute; and this is one of the principles embodied in a Bill introduced this session by the Hon. Dr. Pollen, which provides that on its being proved to the satisfaction of two justices that any destitute person has near relatives in the colony of sufficient ability to meet the demand, the latter shall be made to pay a sum not exceeding 20s. per week. Such an order would not, of course, be issued in : the case of any able-bodied person capable of earning his own living, the object of the Bill not being to ■ foster pauperism, but merely to enforce legitimate obligations. Power is given to the magistrates, when payments directed to be made for the support of any wife, child, or any other destitute person are in arrears, • to issue warrants of distress, to receive rents of real or personal property, or to sell; and, in certain cases, warrants may be issued without being preceded by a summons. It is provided that in any proceedings under the Act the Bench may receive any testimony they may think fit, whether it is strictly legal evidence or not. It is probable that some cases will occur in which the Act will be practically inoperative against defaulters. The utility of sending a man to prison, as contemplated by the Act, for the non-perform-ance of a civil duty, or for anything short of crime, is much doubted by leading writers on jurisprudence at the present day; but wherever his property can be reached to satisfy a just claim every facility should be offered to attach it. In the case which not infrequently occurs of a man “clearing out” 'for another colony with funds in hand, leaving his wife and children to the charity of the public, it is obvious that there are great difficulties in the way of enforcing any order made against him, and perhaps no Act that could be drawn by human skill would meet every case. The new Bilk appears to be an improvement on" the Ordinance previously passed for the supportof destitute families, which is repealed, and which was found to be a very cumbrous and unworkable piece of machinery, as everybody knows who has watched the results of proceedings taken under it in Police Courts, and sometimes before higher tribunals, when revision of those

proceedings have been before them. A power ot : appeal is give under the new Act, and very likely this may be occasionally used' for i the. purpose of vexatious delay ; but this, we presume, never' can be altogether avoided, as it would not be a judicious plan to, leave, matters to be decided by justices summarily without the possibility of reference to a higher Court. In this young country the amount of destitution is not large inproportion to population, and the percentage of faithless wives and perfidious ■ husbands - is probably as small as in any country in the world, the great majority of the people being honest, industrious, law-abiding, and for the most part fairly well off in this world’* good things. Still there will everywhere be some unfortunates who cannot be classed in this happy category, and for whom some provision must be made. To throw the burden on the right shoulders is the great desideratum to be arrived at, and Dr. Pollen’s Bill certainly aims at accomplishing this object, if it does nothing more.