THE STATUTES FOR 1893. No. 11.
Wo continue our summary of the public acts of this year :—: —
31. " The Public Revenues Act 1893."— This act makes provision for the payment in England of interest on loans, and deals with detailß as to the issue of Treasury bills. An important section in it relates apparently to a wholly different subject — viz., that of local government. It authorises the Audit Office to allow in tbe accounts of any local body unauthorised expendilure — i c., sums spent bona fide in the interests of the local body, but not directly authorised by statute. These sums must not fo beyond 1 per cent, of the income, nop beyond 150 in oue year. We shall not again hear of our Water Supply Committee visiting tbe Silverstream and having their luncheon disallowed.
32. " The Civil Service Insurance Act 1893." — This act formulates a scheme for the insurance of civil servants. The foundation of it is that each person entering the service is to take out a policy on his life, for the payment of premiums on which deductions are made from his salary. It is unnecessary to review the act afc length, as those directly interested must study it minutely.
33. " The Land and Income Assessment Act Amendment Act 1893 " introduces numerous amendments into the law on this subject, and enacts the new schedule of graduated taxation to make up the loss through exempting improvements.
34. "The Alcoholic Liquors Sale Control Act 1893." — This much-debated act contains 28 sections. Its provisions have already been fully stated in our columns.
35. '• The Infant Life Protection Act 1893."— This is an important step towards checking the reckless disiegard for infant life which has begun to be a formidable feature Sin Australasian life, and which was spreading in New Zealand. It begins by prohibiting the " adoption," in consideration of payment or reward, of auy child unless the person adopting the child be the occupier of a registered house. This places such persons under proper control. Regulations provide for the control and inspection of such houses. Notice has to be given of the death of any infant kept in a registered house, and in such case an inquest must be held. Even when no reward is taken, adopted children have to be registered, unless exempted by the Minister in the case of
relatives. The provisions of the act are minutely worked out, and if enforced will effectually prevent baby-farming scandals. 38. " The Tairua Land Act 1893."— This is a local or private act of no immediate interest to residents in this part of the Colony. 37. " The Chevidt Estate Payment Act 1803 " enables the Government to issue debentures to the amount of £250,000 for the purpose of rais* ing money for this purpose, obtaining the funds from the public works fund or other public funds.
38. " The Native Lands (Validation of Titles) Act 1893 " provides a, court of inquiry into purchases and leases of Native lands. It deals with those complicated questions which affect North Island titles, and gives the court full power to validate titles.
39. " The Native Land Court Certificates Confirmation Act 1893 " confirms a number of certificates issued under an act oC 1892 similar to that last mentioned.
40. "The Maori Real Estate Management Acb 1888 Amendment Act 1893." — $bis introduces certain amendments into the forking portion of an act which has no application to this part of the colony. 41. " The Native Land Purchase and Acquisition Act 1893." — This is a policy act of general importance. It recites that "at least 7,000,000 acres of land, principally situated in the North Island of the colony, owned by Natives, are lying waste ; and in the interest of the Natives and of her Majesty's other subjects in the colony, and more especially for the extension of settlement, it is necessary that such land should be made available for disposal under the land laws of the colony." It constitutes (section 3) a Native Land Purchase Board, comprising certain officials and Natives. It provides a process for bringing areas under its operation and reporting upon them. It further provides a mode in which Natives are to elect to sell to the Crown. It prescribes in great detail the mode of acquiring land, with the provision that it may be paid for in money or debentures. It also provides for partitioning Native lands. It is impossible until its operation has been tested to gauge its real value.
42. "The Land Act Amendment Aofc 1893." This cures a number of verbal errors in the existing acts.
43. " The Rating Acts Amendment Act 1893." This act, which started as a bill containing some very mischievous and meddlesome provisions, has been cut down to more reasonable proportions. Its prinoipal new features are — (a) a section obliging local bodies to make their own assessments (this was before optional, as they might obtain the assessment of the Commissioner of Taxes) ; (b) all bodies may assess on annual or capital value as they choose ; (c) lands used for a university or college incorporated by act or ordinance are exempt ; (d) dwellings unoccupied for six months are rated at half rates ; (c) lands vested in school commissioners and not let are exempt. These interferences with local matters are now becoming common. They have not in this case gone very far. Provision is made for rating Native lands.
44. " The Government Life Insurance Amendment Act 1893" provides for the division by order of Government of the profits ascertained by the triennial report, down to 31st December 1893, should Parliament not be sitting. 45. "The Public Trust Office Acts Amendment Act 1893." — When public confidence in this excellent institution is fully restored, it will be of still greater usefulness. This amending act adds to the powers of tho Public Trustee, giving him power— (a) to pay out funds to beneficiaries without awaiting the actual realisation of their estates ; (b) to administer small estates not exceeding £250 without an order of court ; (c) to make payments not exceeding £50 without an order; (d) to apply part of the capital to the maintenance, &c. of an infant. It contains various other useful clauses.
46. "The Land Drainage Act 1893."— This act provides' for the constitution of districts, with district boards with rating power for the purpose of providing for drainage and irrigation of land. We are not sure that it would not be wise to insist on county councils doing this work instead of cutting down their functions. The powers and duties of the new local bodies are approximately those now possessed by the county councils. 47. " The Public Works Act Amendment Act 1893 " contains some detailed amendments of no general interest.
48. "The Colliery Railways Vesting Act 1893 " is apparently the outcome of the somewhat singular proceedings before the Public Petitions Committee respecting the Fernhill railway. It appears to be as unintelligible as it is unworkable.
49. " The Mining Act Amendment Act (No. 2) 1893."— The chief novelty in this act is the provision enabling the Minister to make advances for developing mines. The only way to wean the country of this sort of thing is to try the experiment. The moneys, however, to be advanced must be voted by Parliament. It is to be repaid out of the "first profits" — rarities in mining. This act further tinkers at tbe subject of sludge channel proclamations. 50. "The Coal Mines Act Amendment Act 1893 " introduces a verbal amendment.
51. "The Stock Act 1893" is a general consolidation act. It would occupy too much space to review it here, and it will doubtless be examined in detail by those interested. We do not think that the branding provisions are yet satisfactory. 252. ' ' The Workmen's Wages Act 1893."— This is a most important act. It may prove somewhat harassing in some cases, but on the whole its provisions appear reasonable. It belongs essentially to the class of labour acts. It provides amongst other things — (a) that workmen employed in manual labour must be paid weekly unless it is otherwise agreed ; (b) wages are to be a first charge on moneys due to or in the hands of a contractor ; (c) assignments of contract moneys are to have no effect until wages are paid ; («/) moneys received by a contractor are not to be attached by a creditor until wages are paid ; (c) contractors are to keep accounts of moneys received and paid, and produce them to workmen ; (f) workmen may attach moneys in hands ot employers ; (g) employers niaynot pay contractors in advance. There are many provisions in aid of these. One provision — viz., that an employer may not pay in advance — will render it difficult to employ small contractors without capital, as advances to purchase timber cannot safely be made to them. Many of the provisions are more just than those in the old contractors' debts acts, which were full of pitfalls. Had this act been in force during the last 20 years many scandals would have been avoided.
53. " The Companies Act Amendment Act 1893" gives facilities for increasing capital, gives greater facilities to the liquidator of a British company, and authorises the preferential payment by the liquidator of any salaries or wages, as in bankruptcy. In time we may hope to have a code of liquidation applicable alike to every species of bankruptcy, and fixing the law so that laymen may understand it.
54. " The Electoral Law Amendment Act 1893" has already been sufficiently discussed. It was intended to correct verbal errors in
"The Electoral Act 1893," but to the clause correcting these verbal errors the Upper House insisted on appending to it clauses giving the electoral right to shearers. 55. " The Magistrates Court Act 1893 " in 196 sections consolidates the whole law relating to these courts. The proposed sections giving still greater fixity of tenure to magistrates were opposed by Mr Seddon, and rejected at his bidding. We have already reviewed this act. 50. "The Criminal Code Act 1893."— This consolidates into one act the whole of the criminal law relating to indictable offences. It contains 424 sections and liils 112 pages of the published statutes. It would be beyond the scope of this summary to review it here. We have already noticed it in our leading columns. 57. "The Land Tax and Income Tax Act 1893 " simply fixes the amount of the tax for the year. This is necessarily an annual act. 58. "The Public Works Appropriation Act 1893 " appropriates to various public works various sums amounting to £608,860.
59. "The Appropriation Act 1893" makes the necessary appropriation for the yean This concludes our summary of public acts, but we purpose to state briefly the nature of the local and private legislation in another issue.
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Bibliographic details
Otago Witness, Issue 2083, 25 January 1894, Page 5
Word Count
1,793THE STATUTES FOR 1893. No. 11. Otago Witness, Issue 2083, 25 January 1894, Page 5
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