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We have not considered it necessary to correct the rumor, carrying its absurdity written on its face, that the Premier hopes, whilst in England, to procure the passage of a Bill through Parliament enabling him to deal with Provincialism in the North Island as ho may think fit. There is scarcely an inmate of the Lunatic Asylum who could be gulled by such a palpable absurdity. The Premier has no power whatever to procure the introduction of a measure for the purpose alluded to. No member of Her Majesty's Government would be so idiotic as to propose an alteration in the New Zealand Constitution Act.' Everyone knows that the alteration proposed must originate in New Zealand, and if-agreed to here, be reserved for the consideration of the Privy Council. The absurd rumour was, of course, issued from the Wellington manufactory, forwarded to Northern newspapers, and then re-' tailed on its return, with additions. We -now, considering its frequent repetition, authoritatively affirm that there never existed any grounds for its promulgation.

As the public is expected—whether reasonably or not we do not say—to be familiar with the laws that are in force, we give a summary of the Act for the Abolition of Imprisonment for Debt that conies into operation to-day. An agreement has generally been arrived at throughout the civilized world, that to imprison a man because he owes money—it may be through no fault of his own, but because of circumstances over which he has had no control —is simply a heathenish practice. A man thus treated is precluded from paying his liabilities if he ivere inclined to do so, and becomes a worse than useless member of society. The Act agreed to by the New Zealand General Assembly makes certain necessary exceptions to the rule that is broadly laid down. If a man be in default of a penalty or sum other than a penalty in respect of any contract ; if he be a defaulter in the payment of a sum recovered summarily before a Resident Magistrate or Justices o£ the Court of Petty Sessions; if ho fail to pay over as a trustee ; if ho bo a solicitor ordered to pay costs for misconduct as such ; or if lie be a defaulter in respect to the payment of creditors by whom an order in a Bankruptcy'Court has been obtained, he may bo imprisoned for a period not ' extending over twelve months. Also, fraudulent debtors have no loophole left for them. They may be imprisoned for three months on four grounds :—Because of an order made in open Court showing on its face the ground on which it is issued ; in respect of a judgment or order not exceeding, exclusive of costs, such sum as is 'within the jurisdiction of the Court or other tribunal to which application for committal is made with regard to the recovery of debts ; in respect of a judgment or order of a District Court by a District Judge or his deputy, or by a Besident Magistrate's Court or Court of Petty Sessions. But these provisions are only in force when a person has been examined on oath' relative to his means of discharging his liabilities, the disposal he has made of any property, his intention to leave the Colony in order to evade payment ; and the mode in which the liability was incurred. If then, it shall appear that he incurred the liability through fraud,- or that ho might have discharged it, he maybe ordered to pay it with interest, or be imprisoned as the Court may

direct. The imprisonment mil not be an extinguishment of the debt ; but should this be paid whilst lie was in durance vile he would be immediately discharged. Also, the Court making the order for his committal, or the Supreme Court, may release him at any time. If he be liable to arrest for a debt of £SO or more, and there be evidence that he intends to leave the Colony, he may be summarily arrested.

A Discharged Prisoners' Aid Society exists in Victoria. Its aims are philanthropical, and its success appears to have been considerable. The second annual meeting was held in Melbourne a few days ago, and it is pleasing to observe that one of the Judges—Sir Redmond Barry—presided on the occasion. It will afford very strong evidence of the interest taken in the objects of the society, when we state that not fewer than three hundred persons were present, among whom were a number of ladies. The object of the society, as the chairman remarked, was to encourage a spirit of self-reliance on the part of a prisoner on coming out of gaol, so that he might be induced to re-enter the honest walks of life, rather than to return to those stained with crime. It also desired to assist that end by enrolling amongst its members earnest men, who would employ discharged prisoners and keep temptation from them. In supporting one of the resolutions, Sir George Verdon remarked that the public were only now "beginning to understand how to treat crime, and he believed the time would come when we should look upon our restraint of criminals as scientifically wrong. He did not believe in maudlin sympathy with prisoners, but the time would come when we should take into consideration men's natural mental temperaments, and deal with them in a more scientific and humane manner than we did at present." It was pointed out that the class of people whom the society desired to serve were exceedingly helpless, and the sympathies of those who desired to do good to their fellow-men should be with them. It was stated by one of the speakers, of a practical turn of mind, that of 140 prisoners who had been assisted by the society during its short existence, only seventeen had returned to crime.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NZTIM18741001.2.10

Bibliographic details

New Zealand Times, Volume XXIX, Issue 4222, 1 October 1874, Page 2

Word Count
978

Untitled New Zealand Times, Volume XXIX, Issue 4222, 1 October 1874, Page 2

Untitled New Zealand Times, Volume XXIX, Issue 4222, 1 October 1874, Page 2

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