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The Waikato Times.

SATURDAY, JULY 21, 1877.

t v t y -- v • Equal and exact justice to all men, Qf whatever state or persuasion, religious or political ### . * # Here shall the Presi the People's right maintain, Unawcd bv influence and unbribed by gain

The Session has opened, and, as we predicted, little, information is to be gained from the Governor's speech. New and more liberal land laws and an Education Bill have been among the prominent measures of the Session for some time past, while the Native Lands Bill has already been discussed from one end of the Colony to the other. Prom other sources, however, we hear of important measures contemplated by the Government, such as the extension of the jurisdiction of the lower courts of law to a very considerable extent, and other matters. There is one work of reformation to which the House might very reasonably be asked to give its attention, if, as is stated, work and not talk is to be the order of the Session, and that is the codification of the Statutes. We do not, of course, suppose that in a single Session time could be found for this purpose, but the work miglifc be commenced upon and carried on from session to session till, completed As it is, the Statute. Book of New Zealand is lumbered up with Amend-' ment Acts, and Amendments of Amendment Acts-to the thhd and fourth generation, till it becomes a difficulty even for a lawyer to know what the law upon any given matter really is. Nor, as might be expected, do these various Acts always harmor.ise with the spirit of pi'eceding ones on the same subject. ( Even in the same Act there is often this objection, caused by the altera, tioris made in passing through com_ mittee, which suggests what w p ;

Juvo before recommended, that Bills, after they have been amended in oommittee, should pass under regular legal revision, to ascertain that the newly-imported clauses and provisions harmonise with the remainder, and with the spirit of the measure > as a whole. There is a good story told of an instance of the kiud, to which we refer as an exemplification of what -we mean, and if not true, as the Italian proverb ,says, "it is so well told that it i deserves to be so." A Bill for the suppression of a certain ofience was thought to need amendment by the substitution of imprisonment and whipping as the penalty, instead of a fine, as at first intended. The clause changing the penalty was altered in committee, and the Act became law. But on the very first attempt at prosecution under it, the lawyer for the defence pointed out to the Court a clause which, in altering the nature of the penalty in committee, had been left Btanding, and that was, that one-half the penalty should go to the Crown the other half- to the informer. Whether this very necessary revision and simplification of the Statutes of the Colony shmid be undertaken by the House itself is, of course, open to question, and doubtless a special commission would be the best and safest instrument for carrying out the reform, but, whether or no, the initiation of the movement lies with the Assem bly, and it is a matter which the sooner it is taken in hand the easier it will be, and the better for all those whose desire or business it may be to understand the law under which they live.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/WT18770721.2.6

Bibliographic details
Ngā taipitopito pukapuka

Waikato Times, Volume X, Issue 795, 21 July 1877, Page 2

Word count
Tapeke kupu
585

The Waikato Times. SATURDAY, JULY 21, 1877. Waikato Times, Volume X, Issue 795, 21 July 1877, Page 2

The Waikato Times. SATURDAY, JULY 21, 1877. Waikato Times, Volume X, Issue 795, 21 July 1877, Page 2

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