THE NEW ACTS.

Taranaki Daily News, Volume LI, Issue 253, 19 October 1908, Page 4

THE NEW ACTS.

COURT ITiOCEDCIiE. Simplification oi Court procedure is aimed at in the Declaratory Judgments Bill. At present, except in special cases, there is no measure by which a person intending to act under a statute tan olitain by way of anticipation an authoritative judgment from any Court as to the true meaning of a doubtful provision in the statute. The Courts will not interpret a statute until some, case actually arises in which it is necessary to enforce" or apply it. The Act gives more extensive powers of making declaratory judgments or orders by way of an ordinary action in the Supreme Court anil also summarily, by way of an originating summons—a cheaper and easier procedure applicable to simpler

Further improvements in respect to Court procedure have been elfocLed bv the Inferior Courts Procedure Act. 't

gives more extensive powers for the purpose of preventing the proceedings of inferior Courts from being invalidated by technical anil formal errors. Xow no defect or error can be raised as an objection even though it goes to the jurisdiction of the Court unless the objection is made at the earliest possible moment. A number of provisions in ilie existing lav, have been repealed, as they have proved to be ineffective. MACIIIXKRY IXSI'ECTIOX. Thougii there arc twenty-lour clauses in the Inspection of .Machinery Amendment Act ii does not involve any material altcraiions in existing law, siny'y remedying a number of minor defects which have been found by experience ti exist. The Act provides that alt lifts not worked by hand must be in charge, of a male of not less than eighteen years. linginc-drivers m"st at all times where an engine and boiler are of !f> horse-power or over be. in effect! r» charge when the machinery is running. Persons who have lost a hand or a foot are disqualified from acting as enginedrivers. A certificate of service is to rank equally with any certificate of competency. ' FIRE BOARDS,

Dill'fi'ent procedure for the dissolution of fire Boards is provided in the Fire Brigades Act Amendment Act. Under the old Act the Board could, lie dissolved on the resolution of the controlling body. Xow any such proposal must lie submitted to the ratepayers, one-third of whom must vote before a dissolution can be carried. 'The borrowing powers of Fire Boards lias been increased up to £IO,OOO, in order to meet the special requirements of one tir two of the. larger cities. POLICE OFFEXOES.

Considerable extension has been made ill the existing law by the Police Offences Amendment Act, by new provisions 'relating to habitual drunkards and institutions for fallen women. Habitual drunkards may be detained in institutions provided for their benefit as long as may be deemed necessary, power being given to persons detained to appiy for release on probation. Persons committing offences while under the influence of drink may, in addition, to ot in lieu of penalty, be detained in institutions for habitual drunkards. With respect to fallen women anil girls they may on conviction he cominitted to institutions willing to receive them, and may be detained there for a period not exceeding twelve months. Any woman or girl escaping from such institution may be re-taken and dealt with the same as any other person escaping from lawful custody.

PUBLIC WORKS. Under the Public Works Amendment Act when a local authority desires to take land it must notify its intention to do so, and claims for compensation are barred unless made ■within a year iioin the notice. The land must lie taken within three months after the expiry of the twelve months' notice, otherwise reasonable costs and expenses must be paid to those persons who have made claims for compensation. The Act dues not 'apply to any claim for compensation liot made in respect of the taking of land.

THE MAXAWATU RAILWAY. The nationalising of the railways of the Dominion was completed by the passing of the Act for the acquisition of the Wellington and Jlanawatu Railway Company's business and property. On December 7th next the Government outers into possession of the railway, land and property. The sum paid for tho acquirement is .(-5)00,000, an additional payment of £1,"),I)I)0 is made for possession on December 7th instead of waiting until February 27th next, while it is expected than an extra t; 10,1)00 will lie involved for railway stores to be taken by the Crown. One of the provisions of the Act is that servants of the company may be appointed permanent ollicers in the Government Railway 'Department, while there, is also power given to participate in the Government Railway Superannuation Fund. ITISUC SKHVICF. SITKBANM'ATIOW

Tin* Public Service Classification and Superannuation Amendment Act is t!irci'folil in ils purpose. It substitutes in place of the present superannuation scheme lor the Education -service one which is s-o fiir as practicable the same as that established for the Public Strvicc. Miscellaneous amendments are liiaile in the superannuation .scheme for the I'ubiic Service, and power is given for servants who went out 011 strike in LSW obtaining the advantages of tile scheme 011 payment of £SOOO. It wis originally proposed to include the Police Force in the scheme, tmt «n account of 'representations made lliey were allowtd to remain in their present position for the time, being. LANDS FUR SETTLEMENT.

Lessees of land under the Land for Settlements Act may. under the government Advances to Settlers Amendment, mortgage their leases to the (jovcrnmcnt Advances to Settlers Office Superintendent without the recommendation of a Land Hoard or the approval of the .Minister of Lands. Advances may !» made under the principal Act 011 the security of such lease. IjOCAL BODIES SUI'EttAXXUATIOXr. Important provisions are contained in the Local Authorities -Superannuation Act. This gives local authorities 'power to establish superannuation fun is for employees, but they are not empowered to do 50 except by special resolution. (Superannuation funds must

be vested in the Public Trustee, while tile fumls must, be guaranteed by the local authorities establishing the samo, All annual statement has to be submitted to Parliament, while the position of funds must be subjected to a trienniil examination liv an actuary. The rate of contributions ranges from 5 per ceiit. if a contributor's age docs not exceed thirty years at the time when the lirst contribution becomes payable, up to It) per cent, if his age then exceeds fifty years. Power is given local authorities to determine the rate of contribution to lie paid when a contributor is not ill receipt of a salary. Annual retiring allowances arc coiu-

puled. fur every year of a contributor's length tif serviee. Jle or she will receive one-sixtieth part of his or her annual salary, and for every fraction of a year a proportionate part, but i u no 'case shall the retiring allowance exceed two -thirds of the salary. Provision is inaiie for retiring allowances being paid to 'contributors medically unlit for further duty. OLD AGE PENSIONS. Many hardships resulting from tlic operation of the Old Age Pensions Act have been removed by this session's amending measure. A'liew method of computing tl claimant's income will dis pose of the anomaly that prevented a. 'would-be pensioner succeeding in Jiii application if, during the .vear preceding it, lie had been sulliricntly healthy ami industrious („ ~a , .„ income.

Instead of a pension being cancelled Hi case of drunkenness, it will now be competent for a . magistrate to suspend it for any period not exceeding six mom lis, l-'or subsequent drunkenness or more serious ofTcm-i*. the sus|ieusion may be extended to twelve months, but must not exceed that period. •SECOND BALLOT. The Second Jiallot Bill i s designed to prevent any candidate at a parliamentary election being ruttirnod by a minority ol the total number of votes recorded. If at any election no candidate obtains an absolute majority of votes a second ballot is to be held between ill • 'candidates who obtain the liist and second places at the lirst ballot, the other eii!';:i(iaics being excluded. N'ICW .METHOD (If CLOSI-: SETTLEMENT. The Land Settlement. Finance Act enables n group of persons desiring lan.l for farming purposes |„ raise the purchase money by mean- of a <-ovei anient guaranteed loan. Any ten or move individuals may take advantage of the Act. and the agreement of purchase must in elude a provision for sulidivisou of the land to each P'l'so;) at a fixed price.