Saturday, April 19.

Nelson Examiner and New Zealand Chronicle, Volume IV, Issue 171, 14 June 1845, Page 60

Saturday, April 19.

Present — All the members. The Supplementary Appropriation Bill was passed without alteration. The Governor laid upon the table a bill for bringing into operation in this colony certain acts recently passed by the Imperial Parliament, which would not become law here without the sanction of a colonial act. They were three, namely, one for the abolition of the punishment of death in certain cases ; another was an improvement in the law of evidence, by which, in certain circumstances, litigants would be allowed to give testimony in their own causes ; and a third was an improvement in the law of libel. His Excellency observed that the introduction of these matters might be considered quite a matter of form ; but if any member wished to add to these three any more of the multitudinous acts of Parliament recently passed, the Executive would give to his suggestion every possible attention. He concluded by saying that if the honourable members had no objection to the bill being read a second time, the business of the session might be closed on the following Tuesday. The standing rules were suspended, and the bill read twice. FINES FOR ASSAULTS BILL. The Attorney- General, on moving the second reading of this bill, said its principle was to correct the legal fiction that all damage done to individuals personally was inflicted upon the supreme head of the Government— upon the Queen, and ' that consequently any fine imposed should go into the public pocket instead of falling as a recompense to the injured party. It was to remedy this that the bill was introduced ; and, if it passed the Council, the result would be that henceforth, in cases where evidence besides that of the complainant was given to show wanton and unprovoked assault and actual personal injury, a part of the penalty (not exceeding one-half) might be awarded to the complainant. He thought the bill was so fenced round with cautionary provisions as not to give any encouragement to false or interested testimony.

Mr. Donnelly said this was a marked deviation from the principle of British law; but still he thought it peculiarly appropriate to the colony ; he looked upon it as the forerunner of a code of laws suitable to the manners and management of the natives. Mr. Whitaker approved of the principle of the bill, whether as applied to natives or to our own people, although it was clearly a departure from the rule of British law. Mr. Hbale also was favourable to the bill, although no one could deny that it broke down the distinction so clearly defined in British courts between civil damages for compensation and criminal fine for punishment. The Colonial Secretary was in favour of the bill because it gave encouragement to the native custom of payment and retribution for injury. The Attornxy-General said the bill would not do away with the right of bringing an action for damage in assault cases. Bill read a second time. PUBLIC ROADS BILL. This bill was read a third time and made law. It provides a toll for wheel carriages not exceeding sixpence, and for the existence of a board of commissioners, elected by landholders from among their own body, to pass a rate to provide for pub- . lie improvements. The Council adjourned.