CORRESPONDENCE. THE PROPOSED HIGHWAY BILL, 1876.

Daily Southern Cross, Volume XXVI, Issue 4061, 27 August 1870, Page 5

CORRESPONDENCE. THE PROPOSED HIGHWAY BILL, 1876.

To the Editor of the Dailt Southmn Cross »ncl ■VViKiaY News. Sir, — Some observations upon this bill must ue ceasarily appear disconnected. I now find occasion to refer to the last clause of this bill before I refer to some of ita predecessors. Section 58 directs that the word "person" shall include any body corpor Ate or body of trustees, and here the section ends. An interpretation section, if judiciously drawn, is very useful, because it enables the framer of a statute to avoid much mere verbiage, and it enables every reader to comprehend the meaning intended to be conveyed by certain short sentences or specific terms, Avhich must very frequently occur in a statute. For this reason it seems to me that, if an interpretation section is to be annexed to this bill, its most convenient and best position will be in the very front instead of the end, to the intent that those who read the bill may be forewarned how to understand it aright » tJpon referring lately to the Goldfields Act, 18C6, I observed an interpretation section at its commencement, containing many clauses, some of which I think might be advantageously used in this bill. I have extracted some and added others for consider ation as well as revision; but unless the bill is altered to meet the subject matters of the interpretation section, the present solitary slause, No. 58, had better stand as it does. "Interpretation Section: In the construction and for the purpose of this Act the folowing terms shall have the respective meanngs liereby assigned to them, if such meanngs bo not inconsistent with the context or subject matter thereof, that is to say, the ifords 'trustee,' 'collector,' and 'clerk' ihall severally signify a trustee, collector, ►r clerk for the time being of any highway >oard, or highway district. The word district' shall be understood to mean any lighway district subsisting, and under the iontrol of trustees, at the time of the passing )f this Act ; and the words ' new district,' shall be understood to mean any highway Ihtnet formed and placed under the control >f trustees after the passing of this Act. The ivord 'person' shall be understood to nclude any highway board, or any body jorporate. The word 'rale' shall be mderstood to mean any highway rate to be nade and allowed in pursuance of this Act ; md the words ' forme: rate' shall include ill highway rates made in pursuance of auy kei hereby repealed. The singular number ihall include the plural number, and the nasculine gender shall include the feminine fender." 1 now proceed to notice some pre'ediug sections. In sections 55 and 57, ' this bill," or "this Act," which we are losv considering, is calhd "The Highways Let, IS7O }" and in section 57 certain perons are referred to, who will have no exigence whatever the very instint after the lovovnor shall have formally assented to his Aot j but these persons (although they vill be as officials defunct) are referred to as still existing and acting under the Highvays Act, 1867, whilst other persons, who hroughout the bill have been called " Highvay Trustees," are iv section 57 (by way of hvorsity ) called ' ' Local Boards. " A ll highvay boauls are local boards, because they iave junsiiction in the several localities over ,vhich they preside, but to call highway >oarda " Local Boards" is in seme sense to ntroduce a distinction without a difference, aid to occasion confusion and perplexity ,vhere none should be suffered to exist, for it s just possible for a person actually reading ;his Act, when he sees it called " The High,vay &ct, 1870," to turnover his papers and nake a search for the Act so called, with the same ridiculous result which attends a search "or the spectacles which a man finds upon his )wn nose. The use of the capricious term ;J Local Boards" sent me upon a search throughout the Act to find something relatng to local boards which 1 then supposed I nusthave oveilooked. The result was a ;>lank. In section 57 some words are emitted in the sixth line immediately after ;he words " Local Boards" which leave the 3ense incomplete. The intention of the sec;ion seems to be, " That all public pounds ivithiu any district shall be under the control )f the trustees thereof, who are hereby empowered, &c." Let us endeavour to ascertain jvhat section 57 amounts to. It seems intended io effect by a sort of side-wind the repeal in part and the alteration in part of ihe Impounding Act of 1856 (assuming that Act to be still in force). If this be jo the clause ought to be struck out without mercy, for no end of confusion must 2-esult from side-wind legislation. If the Impounding Act ought to be repealed or amended, repeal or amend it by all means, but let that be done openly and properly by a special Act for that purpose, and then the public may be able to find out how the law stands. But I cannot help saying that it will require a very good hand to amend the Impounding Act of 1856, for it seems to me to have been admirably drawn. But we have yet to see what section 57 is likely to effect. It appears intended to throw upon the highway boards all the expenses of erecting and repairing the pounds, and of paying (although it only says nxing) the wages of the poundkeepera, who under the Impounding Act are to be remunerated by poundage fees, whilst it does not profess to give anything to the trustees to assist them in their outlay. However, upon examining the section closely, it does not ippear to be incumbent or compulsory upon the trustees to do anything : they are empowered to do certain things, if they please, but, in the event ot their refusal to perform the matters referred to, the Superintendent is to do them. Under this state of things the highway boards do not seem likely to suffer much damage from this clause. I omitted to notice section 19 in its proper place. Ita meaning is not clear, probably arising from want of punctuation. The three days' notice required to be given by this section for convening certain meetings of the trustees is uncertain. If it means three clear days, then the notice required to be given amounts to five days, which may be inconveniently distant for the object intended. One clear day gives three days (as Monday for Wednesday), which is quite sufficient. I think the following sketch would be an improvement on section 19, for as it now stands it can scarcely be understood: " Meetings of Trustees : The Trustees may arrange the times and places for holding their meetings as they shall think fit. Any meeting of trustees for special purposes may be called by the clerk upon a written requisition directed to him, and signed by the chairman or by any two trustees, for that purpose. But the notices issued by the clerk, calling any such special meeting, shall be in writing, and shall specify the time and place of meeting, and also the business intended to be transacted at such meeting; and one of such notices shattbe delivered to each, trustee personally, or be left at his usual place of abode, one clear day at leas, jj before the day of meeting." As far His ; fiat means of observation extend it seems fts*f the sections contained in this bill;; which res late to the miscalled "statute -labour" have not generally been favourably received by the subsisting highway boards ; but, be that as it may, I have not noticed any pointed objections made to the power given to trustees to make by-lawfl. Sections 49, 50, 51, 52, and 53 relate to by-laws ; and 'the model to be followed is given in schedule B. Section 49 appears to contain an open and frank admission (or something very like one) that the clauses contained in i the bill are insufficient "folly and effectually to carry out its provisions," and the trustees [are invited to make by-laws ,t, to 'remedy i its defects. The following questions therefore naturally arise : Why, have not thosaprovk sions^ been 'made sufficient folly and; ii l effectually to carry; out' the objects tfttwh/

they were intended to effect ? Why is s statute put forward which is known 01 suspected to require amendment ? But, above all, why are aft torts and conditions of men invited (without regard being had to then qualifications or disability) to attempt the dangerous task of lawmaking, and empowered tobmdandto tintothor people? It may betruly said in excuse that theie by-laws are nob to be repugnant to the laws of New Zealand; but many highway trustees as well as other men may not have any very intimate acquainI tane« with the laws of JNew Zealand (and they may be very happy and well-to-do people notwithstanding, the chances being much in their favour) ; and as an illustration it may be observed that some highway boards now subsisting, in their comments and resolutions upon this bill, have recommended a sale of land to be made for the payment of rates in various and in different modes, the whole of which are repugnant to and absolutely forbidden by the second section of theSaieforNonpayment of Hates Act, 1862, which Act was made and passed by Che General Assembly. Section 51 may be pleaded as a safeguard against the chance of by-laws being made repugnant to law, because the by-laws are not to come into operation until confirmed by the Superintendent with the advice of the Executive Council. This is all very well as far as it goes, but in such a case nothing ought to be left to chance : for the province may not always possess the advantage of having lawyers (or even men of proper ability) to fill the offices of Suprrintendents and Executives, nor is it certain that such personages, whoever they may be, will be able at all times to keep such democratic legislation as the by-laws may become within the limits of good sense and common justice ; for democratic bodies by a singular inconsistency have frequently proved fatal to liberty. But, independently of this, it may well be doubted \ whether the Legislative Council and the ' Governor will wuiction the making of penal i laws by bodies inferior to themselves in the j State. Section 25 directs that by-laws when j made shall be " hung up " in some conspicu- j ous place. Some conspicuous places may be I very inconvenient as well as very improper places, but I hope there will be no occasion Ito hang them up anywhere. Section 53 is as follows :— "Provided always that the trustees shall not make such by-laws as they shall think fit in regard to statute labour, unless by way of addition to the by-laws contained in schedule Bto this bill." This seems 'to me beyond all human comprehension, for schedule B relates solely to statute labour, and is headed "By-laws for statute labour." How then is section 53 to be under, stood ? That highway trustees are to have the power to. make some by-lawa in addition to those set forth in schedule B is beyond all doubt, but if the additional by-laws are not to be such as the trustees shall see fit (or proper), it seems to follow that the additional by-laws (if any) are to be such a3the trustees shall not think fit ; or which they shall think unfit, and therefore improper. I take over-legislation to be a public nuisance : it, however, seem 3 to be the natural offspring of provincialism, and although it may appear very magnificent to have the power to prescribe to other people what they shall do, and what they shall avoid, it has to be remembered by those who may be tempted to try their hands at making lawa that they are about to undertake a task which only a very few men have the necessary ability to accomplish with anything like reasonable I success. The Baron de Montesqaieu, a French nobleman who flourished about 150 years ago, in his work " On the Spirit of Laws," gives certamrulesinßook 29, chapter ! IG, concerning "Things to be observed in the composing of laws]" but, as it would occupy too much space to set out all the illustrations given by the learned author, I merely take short extracts from them. The Baron says, " Those who have a genius sufficient to enable them to give laws to their own or to another nation ought to be particularly attentive to the manner of forming them. The style ought to be concise The laws of the Twelve Tables are a model of conciseness ; the very children used to, learn them by heart. The style should also be plain and simple, a direct expression being always better understood than an indirect one. It is an essential article that the words of the laws should excite in everybody the same ideas. When the law wants to fix a set rate upou things, it should avoid as ■ much as possible the valuing it in money. The value of money changes from a thousand causes, and the same denomination continues without the same thing. Everyone knows the story of that impudent fellow at Rome, who used to give those he met a box on the ear, and afterwards tendered them the five-and-twenty pence of the law of the Twelve Tables. When a law has once fixed the ideas of things, it should never return to vague j expressions. The laws ought not to be subtle ; they are designed for people of common understanding, not as an art of logic, but as the plain reason of a father of a family. When there is no necessity for exceptions and limitations in a law, it is much better to omit them : details of that kind throw people iuto new details. No alteration should be 1 made in a law without sufficient reason. When a legislator condescends to give the reason of his law, it ought to be worthy of its majesty. As useless laws debilitate such as are necessary, so those that may be easily eluded weaken the legislation. Care should be taken that the laws be worded in such a manner as not to be contrary to the very nature of things. There very seldom happens to be a necessity for prohibiting a thing which is not bad, under pretence of some imaginary perfection. There ought to be a certain simplicity and candour in the laws made to punish the iniquity of men. They themselves ought to have the mosf. spotless innocence. " As it would be the height of presumption in me to add one work of my own to the very simple yet most admirable rules laid down by the noble Frenchman from whose work I have extracted them, allow me to subscribe myself, yours, &c. f W. H. Turner. Valentines, Maraetai.

There are other ministers of love more conspicuous than a good daughter. But none in which a gentler, lovelier spirit dwells; and none to the heart's warm requitals more joyfully responds. She is the steady light of her father's house. Her ideal ia indiasolubly connected with that of his fireside. She is hia morning sunlight and evening atar. The grace, -vivacity, and tenderness of her sex have their place in the mighty sway which she holds over his spirit. She is the pride and ornament of his hospitality, and the gentle nurse of his sickness. The wife of a professed story-teller nntst be subject to many torrowß. It must be wearisome for her, for instance, to hear the »anie story som» twenty times, as it is related to twenty diffarent audiences. However well and affectionately disposed she may be, she must surely quail a little when she hears the preliminary strains, the first few words, 11 1 was once staying at a little inn at North Wales ;" or " My little boy was out with-bia. nurse the other day." How she must suffer, too, when the story does not go well ; when the audience is not sympathetic ; when the story-teller is not in cue ; or when, as will sometimes happen, he omits some important element in his narrative. I have seen a wife prompt ncr .husband .jindejr such circumstances, VSjYdfc %ve^f gotten, George, about the Kttle-'boV *t>& the pump;" or reproaobinlly, "X ou ' v ,^ti#.^3 lt al>out tne fryinff-pan"" bnt it does not ' answer. If a man begins to go wrong in telling a story it ia all up wiiih him ; he is best let alone.' — Cornhill Magazine. Mabavilla Cocoa.— For Break!***.— The GlohiutKya "Vario\»impoTtt*i*ndm*nttfactni«Bh*Ye»ttempted' to attain a reputation for thalr prepared Coco**.' 1 but w« doubt whether anjr thorough •$<»«• hsdjpen. I achieved until Meiws Taylor Brotherf dhfeoverag th«f extraordinary qualitle* of ' Mawiuy><»cpa. JMUptv ing their perfect «yitem of preparationito tnj» flne*V of aU specie* of the Theobrohm, thlr Kvto proanoed* an article whioh *nperaede« eyerr osjer,cocoa, lii'S'th*; market, EnMre wltibttitr, aVdellcate iroma.-and a .rare concentration of tht pureifc ele^etiM of wtrfaoa, dUUoeulth the MaraviMCotf a-atibve all othen. Fornomteopath* ii& ihvalidi *• oopMnotlMcommrod tf packets only by jaU grocen, Jof l*m> fft? )mteM& Brother*' Hoxaceopathto, <faW*m >.TT'-* B ''4 ~, -" ■« '.t'w i '), 'X'i t.^x*', hk*^' 'a?"<-'<