THE Otago Daily Times. Inveniam viam aut faciam." DUNEDIN, MONDAY, FEB.17.

Otago Daily Times, Issue 1913, 17 February 1868, Page 4

THE Otago Daily Times. Inveniam viam aut faciam." DUNEDIN, MONDAY, FE8.17.

EvEiiy Englishman is supposed to be ac qujaint<r(i ;^'ith the- ]aw» ; of, l)i« country, and on this assumption is Hablotobcponialtcd for a breach of them. But nothing ia more engj* tluiii to transgress, and yok to bo perfectly innocent. So plainly and Bell evidently true in this, that, from time to time, propositions have been made to codify the English law, andto reduce its provisions to such a form'as to'render a knowledge of them roorci easily.attainable; but nothing, authorised by the Legislatyre in that direction, has yotbeca done. Daw still remains a ponderous labyrinth, ro qnrring Ihe stiidy of a life to' thread. Thills not to be wondered at,,wlibn iho difliculties of codification are considered. When, by direction of the First Napoleon, the laws of France wero codified, the sources from whence they were derived numbered 400. ' Though the 'task wjis Herculean, it vwis effected, between the ycixxplSOp and 1810. But codification would not overcoino e^ei'y^liih'culfcy. ; It might reduce the cuvtonis and'principles of the Common Law into Statutory form; but as time rolled on t]ia application of the statute to .special cases would be decided upon prece« dents in the diil*ercnt Courts. The records of cases decided nude:: the Code Napoleon are already very voluminous, and require almost as .much atudy to master them as the apparently more complicated English law. At Home, the subject has Jiasumed a new phase. A commission was appointed by Her Majesty, to " inquire Hto the expediency of a digest '■" of Law, and the beet means of accom".pljßhing fliafc pbj.ect? They presenied their -first report in* N<.v^mbor, and bx> press the opinion that such a digest is expe^ dient. They consider that it would facilitate the study of law, enable practit^ioneis. to form opinions on cases "not of ordinipiry f* occurrence," with-much-less expenditure of time and labor ra research ihj^ii are now necessary, and do away with-many: of tlie irapediraents to fresh legislation which' arise from the difficulty oi, , ascertaining "what is the existing law in-all its boar- *' iiigs." They anticipate'aliao^that shell a digest, oy exposing the ■' * conflicts, anoma- " ]ies ; and doubts" that in the cotirse of its formation would manifest themselves, would tend to valuable amendments1 in the law—that it wouldienable members of the Legislature, legal and non;lt'gal, blotter id mideratand the eflecta' of proposed legislation — and that it would " put "forth legal principles iv a form in " which they would be readily appre- *' ciatedj, <jontr,aßfced, an 4 committed' to " mind,, and, ilmß 'subslitiite the Btiidy of "a Bystem' for the desultory contcmphi- " tiohof sjiiiciai objects." ' f; •

To the -profession mid to legtslatdrsj' these wbiiM be irivaluable aids*;"but the Commissioners put the necessity for a digest on higher' ground;: 1 SThoy say— ■^Bofc, great as are tlio advantages to, "which wo hiive referrottraa lively to flow "from the'formation of a digest of? Law, argument for'iiniay r we think,; be even 00 the higher'ground of "national duty. Your Majesfcy'H sji!>- ---" jocts, in the.irrelations &> wards each "other, are eipccteidj to conform to the -"-laws of the State, and are nob held if excuse^ on the plea of Jgnorajics " oLthe law, from the consequence*- of '*-a% wrongful act. It is in theHOjJaws "that they tmist seek the provisions "fmade fou their Jiberty, for their privi- " legos, for the protection of their per- ""' Bohsi'and property, for" their social well- " being. 'It is, as we'coiiceive, a duty, of *■' the- State to take care that these laws "shall, so far as is practicable, be cxM? ~". Mted in a form plain, jcompendious, and '" accoaßißle, and calcalated to bring horp<* "actual knowledge of the law to then " greatest possible number of persons. v of this duty—a duty " which oth^ Countries, in ancient and " modem times, hive held tliemselye* bound t<>; recognise Wd dipcharge—liae if iathm countryy^f to, be attemptefl.'' The work so powerftiily recommended » not a trifling task, but delay will only mcmiwe the necessity and the difficulty. The laws of England are derived ffom three distinct?B6uroes, Tithicli fare defined by the Commissioners to be tbe Common Law; " wKieli obnsiata of customs pid " principles, handed ddwtt from remote "times, and s^ptied^ from age to i&e, «* as fumwhing ruj^«-dl l(#d right." Secondly, t^'fi^^^^^WiW}aSi degi £tB "«utliori^ from |He lieg|sla"iux©f juad thirdly, " Tbartaar■■«-

" bodied iif," and, tto i great extent, " created by, judicial decisions and dicta." The Commissioners consider that serious

evils have arisen from the extent and variety of tfie materials from which the law, a» it stands, has to be ascertained. The records of the decisions of cases under theComrnon Law are deicribedas being "destitute of method," and exhibited only in " fragmentary form." The conditicn of the Siittite Law ia thus de-

Scribed :—<( The -StatWtc Law is of great "bulk. * In the quarto edition in oidi- " nary URe r known as Ruflliead's, with? " its continuations, there are ftf> volumes, "although '{particularly in the earlier " period) a large quantity of matter ia " wholly omitted, or given in an abhre- " viatcd form, as having ceased to bo in " force. The contents ot the^o volumes " form one mass, without any systematic " arrangement,-the Acts being placed: in " m«ety bhrbnological order, accord- " ing to the dato of enactment, in many " .ca«08 the same Act containing provi. " siona on heterogeneous subjects. A " very large portion of what now " Btundfl printed at length has been " repealed, or has expired, or other- •" wise ceased to: bo in"f«;.rce. There " is no thorough severance of effective " from non-eflectivo enactments, nor " does there exist in a complete form '' any authoritative index, or other guide, ' * by the aid , of, which they may bo dis- " tinguished. Much, too, contribute^ to '* bwcll the Statute IJook which is of a " special or local character, and cannot " be regarded as belonging to the genoral "law of England.:' I

But if tho Statute Xfow'presents such difficulties to rhe practitioner, the law derived 'from judicial '*deeiai(>ris: is still more perplexing:—" Ttife judicial* de- " cisions and dicta ar« dispersed ''through upwards of 1300 volumje3, li com prising, as we estimate, nearly " 100,000 cases, excltisive of about iSO " volumes of Irish Iteporta, which deal " to a great extent with law convnon.; W ie England and Ireland. A largo propor"turn of these cases aro of no real value " as sources of law at the " present day, < Many of them aro oWao- " lote ; many have been made useless by " Bubsequent statutes, by amendment; of " the -Ittw, repeal of tho statutes on which "the cases were decided, or otherwise ; ft Homo have been reversed on appeal, or " overruled in principle ; some arcincon- " sistent with, or contradictory toothers; " many aru limited to particular facts or " special states of circumstances furnish- •' ing no general rulu ; and many do no v more than put a mean ing on mere singu- '" larities of expression in instru- " tnents (as Svills, agreements, or local " Acts of Parliament), or exhibit tho ap~ " plication, in particular instances, of ea- " tablished rules of construction. A ccn*f siderable nuTaber of tli6 ciuses'are re- ■-*' j»>i*tiod i many times over, ' iir different " publications,; aad there often oxist (os"pecially iii earlier tj,nuis) partial reports " of tho same case at different stages, in".yojving much repetition. But all this '' matter, remains encumbering the books '5 of reports. The cases are not arranged on "any system; and their riamber receives " large pearly accessions, also necessarily " destitute of order; so that' the volumes '*' constitute (to use the language of one: "of your' Majesty's Commissioners),' v ' what can hardly be doscrißM, but may f( l be denominated agreat chaos of judi- /* * ciailejgishition.^' .;

Such is the description given by jthe Commissioners of the slate of English Law. Tim subject is of deep interest to the inhabitants of a large portion of the woHd. Vp to-the time of-severance from Great Britain^ the English Law prevailed in -ihe United" §tafcea, arid the decisions; in English Courts still form precedents for le^al decißionsin Americj*. Tlie principles of English .law prevail in.all-,the Colonies,; and to them, ; > therefore, the subject is of great impoi-tance. But it not duly bears immediately upon legislation injthe Colonies, it points but the necessity for making such arrangements as will prevent the confusion which now prevai's. in" British 'Law. A'system that would unravel the complication there would, if adopted in the Colonies, prevent ] its occtirrerice, arid' secure to the colonists, so far as'their'own legislation is con-1 corned, all the advantages proposed t<| be j derived from, the labor and expense that such a digest would hereafter involve. \

~ A ]>etition to the Superintendent, calling upon liim to dismiss the Rev. Mr S-maions from liis position as itcctor of the High School, is, we Hire ioformed, being carried *boat the city for signature' By Mr Sibbald and Mr'TJrei We have not aeeii the petition ; but it, of courso, ifofcrs' to and is in coiuteqaonce of Mr Siiamons'a privateH^tter to the Bishop of BreeMn, -which, by sorae accident, obtained publicity in a Home p»j>er. ■

Mr Mason, as ehairmAU of the ji»te mooting at Otepopo, and the Honorable Mr Matthew Holmes, on; Friday,,pre«*tnted to 'the Provincial Secretary, and the Secretary for Land and Works, in the abnence of the Suponnteridemt, a petition iii favor of tub constiructioii of a railway from the Wftitaki to Moeraki.: Thepetitton vat signed by- 183 persons, representing 1,74.],4T ( ,acres.of fc^hcM land. A lengthened conversation took place, in the coursei of, which Mr Holmes afld|Mr; Mason entered into p»rfcicalar». They^fonikteHKl at least' ITO^CIW acres of land, still undinposed of, wquld bo, improved in value by the ratfway: Tney were of opinion that theowwirt^Taridtbiim^^ would pass wpold wiUingly, «»o««»t *° g»?» ; up the Decenary land, in many cases without compensation; ii^^o^iM'Oa^jrmn^ot » very modwatc rate-. It wa« »ugg««t«l that itri^iihttgMirtMl^

.1 tike, \hjcesswy a&sujr&nce. ;M»" Holmes was farther of ophvon that money, could be obtained at Home, if "the Afeseinbly were to authorise a, guarantee of six per ceafc oh'the capital for ten years. The members of the Government promised I that tho whole matter should bo brought before the Superintendent (on his iretttrn) and the Executive, without delay. ..Tiro new pieces are to be produced at the Princess Theatre this evening— the comedy "My Preserver," and the coaric pantomime (by the Martiaetti Troupe), "Tho Red Gnome." Several dances, by members of the Troupe, are to be given as ah interlude. Tho adjourned nieetl-ng of the District OSicer* and Delegates of the varicus fViekdly Societies was held at the City Buffet on Friday lnot, for tho purpose of appointing officebearers to carry out the intended demonstration in honor of His Royal Highness the Duke of Edinburgh on his visiii to Ofcago. .P.G.M-Bro. W. P. Street, of the A.1.0.0.F., was elected Chairman ; D.P.G.M. Bro. W. G. Gcddes, of the M.U, 1.0.0 X, Secretary ; and D.T. Bro. J. Goodman, of tho A.0.F., Treasurer to the Fete Committee It was resolved to present the profits arising from tho feto to the Benevolent Institution. A Sub-Committeo was apj-xtinted to seek information ou various matters, and to report to the next meeting, which will be convened by advertisement. William Waters, a waterman &fc'P<JrVChaV: mers, was ycaterdiiy morning in«tniro>ntal in saving th© life of a seaman helorigtag'to the Bremen brigantine l'ffil. Tho seaman was in the act of hailing1 hie vessel from tHe'-stern of tho steamer Peninsula, whrm his foot filippcd.'attd he foil overboard- \Va.tora was in close proximity with his boat, and picked the man tip, very much exhausted, and conveyed him to h;8 vessel. A.Beri.es. ol "Monday Popular Concerts" in announced to be given in Bi. George's Hall, The first concert is fixed for this evening ; and a small, but Tory good, organ, lately imported by Mr G. K. West, will bo "opened" oh the occasion. -'Tho'conccrtis to cqmpriso selections from. tho workn of liaii'lel and Haydn, and also secular Tho concerts ato to be given '" in aid of the funds of m . Paul's Churah." . ; , ' Tho Oamara Races are appointed to como off on the sth and (!th of March.. There are to be four events each day, and the stakes are sufficiently tempting to Bmire the com- i potitionof first-class horses. . , . \ ■ ■ The A'ou.t/dtnid;A ri',uM states that a> protest entered against Post Boy, oh winner of the! Maiden Plate, at tho Southland Racing Club ' meeting, has been referred .to the Otago j Juckey Club for decision. We have received from Mr Andrew' Cairns, drawings showing sections und elevations of " Cairna's Patent Track," aud arrangements for crossing rivcra an<l ravines, or for loading and unloading ves&clg in open roadsteads. ,Mr Cairas proposes to lay duwn light mils, , capable of buing worked by horpe or steam power; and his system for cro«jing rivers, &c, ia by means of rigid step! wires, on which to slide a banket or truck. >Mr John Kingsland, captain of the Invor- ; cargili Volunteer.Fire Brigado, ia a letter to the HijuthlHiid.Tinm, answers the question ■ yvA by thnt paper,,'f What ha» become of the Fire Brigade?" Captjtiii Kinijalaod says, "This is ; '», question which those who, are interested in ; the preservation ■of their property from n'ro, should answer,; th«y, should say whether they have- done their.duty, and lent all tho help they can to keep it in an efficient state ; but as those moat interested have, in fact, done the lea«fe, it is hardly probable they will answer your question, so I r may as well. For the last two years there; has , l>ecn a grotty regular atlendauce of a dozen at the monthly business meetings of Ithc Brigade ; but upon no occasi«a hail there been a auOicient number on practice nights to put to work even one engine, without the assistance of., bystanders unconnected with tho Brigade, and that assistance anwilliagly given; and those who have attended best have not beea those occupying proptrty in the iuaiu streets,, and most in danger from fire, but principally' men haying a direct interest in the , inaintenanco of . t Jthiß institntion. Two or tlirce aummere »go, a Fire ,Acfc,was passed., by the Provincial Coun- . cil, siniUar to the Act in force in the Province of" Canterbury ; but in an attehipt to, improve it, it was so far made worse that the Vmembers beat acquainted'with ifa probable working have had .j»ome hesitajtkjn in enrolling uitder it. Aiieffort i» now being made, to enrol, sufficient mainbers to come under its provisiona, and take advantage of what little, good in it. [ The officers *nd memfersof the Brig^idc at iho present time only hold office that there may Kb acme one to take charge of tho engiiiei? in case of j fire. Unless a sufficient number; will enrol under the Act, anii nwkl tbemaelves accjuainfecl with tho doties of Volunteer Firemen, tho present Brigade will not be reaijonsible for the proper working of the engine* and appliances in case of accident." Th« Bo«thl*nil papers eoatiun-' a report by the chief Sheep Inspector in thai; Prorince, for the year ]&>?. In tliis rejwrt, the Inipeetor «*ys :-^"Thei total nwmber of sheep is 434,33 G. Of this nnmber, 1285 have been imported by sea from Great Britain and the , Augtr»Uan Colcmie«, and +1,600 have crowed over the border, from the adjacent^ Pjoriiaces of New Zealand. Among»t th» merinoß imported are 55 rams, picked froua the highly esteemed flock"of R. Kermocle* Esq., Tasmania, for P^ M'Kellar, Esq., i^ogridge, Waimea—a first-class lot. Tw» really fine rams, imported to Victoria, and Inrought to Southland by A. J. Smyth, Esq., Hokanuis; these, 1 believe, liavo a good dash of the NegrettiL l&i ewes, imported from New South Wales by F. Wentworth, Emj., arc a very fine lot, though not as erea a lot as could be desired. Three rains imported from Victoria by G. M. Bell, Esq., Waimea Plains, are really fine etod|;;-oiu» ram especially, though old,, is worthy of notice. The sane gentleman has also brought irtr m Victoria 1000 pare merino ewes of H rape rior oUss. In Leicesten, 35picked ewesha^beeu imported bys. Wcntworth, Esq., V.aimea, and SO rams by toe Messrs Sband ( Winton Estate. These are alt good /^wg-wools. Of lineolns, two rams imr^ted frcro , Great Britain for W. Martfa, jkq. ( T ery

j,e*9^)»..w»i'..iwo rams and seven fewca im*. ported directed from Great Britain by K fossra« Suttonßroe., WrighVa Bush, Waincwa. , Th«t*e are pure Lincolns; and a rcalljr Bplondid IoL There wero also sixteen rana landed at the BJUfT, but theso passed on to Mr Branton, of Otago. Tho sheep brought by laud from fcho other Provinces during 1567 wore all of the merino bread. Out of the number were about 5000 young owes of a v*ry line dbficription, and n small lot of iiue rams'from Messrs. Julius Broi , The nuuitet reiurncd as diseased ia:30 t BOO. I have lately visited the diseased stations in: order tHt I -might report witfv coaMonco as to their condition,, aud 1" think I may safely state that of the above number over 12.000 aro clean, and that the disease in the romaindeit is rapidly disappearing, now that prompt attention is being given to the operation o£ dipping the whole. I regrot to nave t& report that tho lambing this season is not s» . sntisfactiory as coald be dejjred, falling uhore, r I fear, of proyioii3 years. As far as I cauc obtaiii information, the average will not oxceed. CO ppr cent. This is to bo accounted for by the unusually severe weather' during* both winter and spring, which was not only bad for lambing, but also for tuo shearing, which is Inter this season than I have everknown it to be. The Hacks, however, which appeared to have suffered tno3fc during the severe weather are now beginning to look, welt."

Speaking of Southland's immunity from: the late fl oda, the Southland JV7;«w says :• " Ifc was dillicuit for tho iahabitauts of this Province to realise at firafc th« poasibility oE such wide&ptead ruin from storm and Hood as wfts-4fuld'm the telegraphic despatches from Gtugo. That there had been a heavy gde from the eastward they know, but saving at tho port (Bluff); its force wrst ■neither considered unusual, nor was it accompanied With parties Inrly heavy rain. Thare was, however, room for alight apprehension of Hood from the "melting ot tho snow on the mountain ranges in the interior, which were noticed biat weak ta have renewed their icy covering. In fact, tho rivers have since been j-ather high, bub not more co than \n often the case after rain j mid throughout all this calamitous time, we have enjoyed an immunity for which we should be grateful. The conformation of the count: y between this Province and the easfe Coast of the island, intersected an it is by high mountain ranges, is such a« to have wattled off, or-rather to have . attracted to itself, the surcha'ged clouds ivh ec descents wrought the ruin thtt we c;tu only deplore, it accniß almost an if in wt'npliaitw with some mystfirious b*w of coinpoiui.vtiim, that we who iiave suflVtred from long-con tinned depression should have befa Hpan;d tho disastetrI which to nou'ly approached u«." *