β¨ Legislative Council Bill Readings
(31)
CHURCH EXTENSION BILL.
The Governor remarked, that the "Church
Extension Bill," which he had laid upon the
table at their last sitting, was now printed, and,
as this day was appointed for its first reading, it
would have preference of other business.
The Clerk of Councils observed, that he did
not obtain printed copies in time to send them
round to the private residence of members, pre-
vious to the meeting of Council, but he would
distribute them now.
Copies of the Bill having been passed round
the table,
The Colonial Treasurer said, he could at once
perceive an error in the Analysis. The Bill con-
tained, in addition to the preamble, seven clauses,
only six of which were adverted to, and those not
in consecutive order.
The Governor observed, that the Bill could
now be read a first time, notwithstanding the
error referred to, and any discussion upon it
would be taken at the second reading.
The "Church Extension Bill," the title of
which is, "A Bill to promote the Building of
"Churches and Chapels, and to provide for the
"maintenance of Ministers of Religion," was then
read a first time.
[We furnish a correct analysis of the Bill, a
practice which we propose to continue in future
reports, in order that the public may have the ear-
liest information as to the object of each bill, the
first reading being generally merely pro forma,
and of course without discussion.]
ANALYSIS.
II. BUILDING OF CHURCHES AND CHAPELS.
- Amount to be advanced from Colonial Treasury.
- Trustees to be appointed.
- Site, &c. of Church, &c., to be conveyed to Trustees.
- Free seats to be set apart.
MINISTERS' STIPENDS.
5. Rate of Stipends.
6. Stipend may be granted when there is no Church,
7. Whole amount to be issued limited.
POLICE MAGISTRATES' BILL.
The Attorney-General.-I now move, in ac-
cordance with the Orders of the day, the third
reading of the "Police Magistrates' Bill." It is
entitled, 'A Bill for extending the powers of
Police Magistrates;" and, although very short
(containing only nine clauses), it is one of very
great importance to the community at large.
When the measure was last under the considera-
tion of Council, I deemed it an essential duty to
make a few observations upon it, explanatory of
its nature, and the benefits it is calculated to con-
fer, in awarding, in some cases, speedy justice.
I was desirous, in making those observations,
that they should go forth to the public, being
anxious at all times, that the fullest publicity
should be given to the proceedings of this Coun-
cil, and that the earliest explanations should be
afforded of the nature and objects of all bills
brought under our consideration. It now ap-
pears that no reporter was then present; at least
no report of our proceedings has been published.
On the present occasion, I shall not repeat the
arguments I then urged in favour of the bill; but
I may be allowed to explain, briefly, its three
leading features. The three first clauses are
framed in accordance with the recommendations
in a report of the Commissioners in England, ap-
pointed to inquire into the operation of criminal
law. These three clauses are for the benefit of
the subject; they enact, that certain cases may
be dealt with summarily, including those in which
the prisoner makes confession; and also, that
trivial cases, which the Police Magistrate may
deem to be unfit for prosecution, shall be dis-
missed. It must be obvious to all, that the long
period which too frequently elapses between the
committal of an accused person, and the time of
trial, is frequently a grievous wrong; inflicting,.
in many cases, a longer imprisonment than what
is deemed adequate to the offence on sentence
being passed. Long lapses of time between com-
mittal and conviction of prisoners, also tends to
the contamination of the accused, even in the best
regulated gaols of England, for want of classifica-
tion. And, if such be the case there, how much
greater must be the evil in a new colony like New
Zealand, where scarcely any facilities of classifi-
cation exist, either before or after trial? The se-
cond great object of the bill is, to prevent, as far
as is possible, erroneous convictions and decisions
by the Police Magistrate. The Police Magis-
trate is a paid officer, and the public have a right
to expect that the gentlemen who fill that im-
portant post, shall be fully competent to the satis-
factory performance of their duties. The third
leading feature of the bill is, to take away from
the Attorney-General the power by which he is
now constrained to act, in his single person, in
the capacity of a Grand Jury. I am convinced
that it will, on all occasions, be much more satis-
factory to the party accused, and much more
favourable to his future credit and character, that
he should be liberated on the open acquittal of a
jury of his country, rather than obtain his libera-
tion by the private decision of a paid officer of
the crown.
The Colonial Treasurer seconded the motion;
and the bill was read a third time and passed.-
The Ordinance will come into operation on the
third day of March, 1842.
SUMMARY PROCEEDINGS' BILL.
The Attorney General.-The next notice on the
Orders of the Day is "The Summary Proceed-
ings' Bill;" the title of which is " A Bill to regu-
late Summary Proceedings before Justices of the
Peace;" the third reading of which I now move.
The objects of the bill may be briefly explained.
In England, various forms, in different parts of
the country, are used, with regard to the "descrip-
tion" of offences committed; the form of convic-
tion, and the form of notice. But in New Zea-
land, a new colony, the judicial institutions of
which are only now being formed, an opportunity
occurs of avoiding the evils of the old system, and
adopting one uniform practice. The object of
the bill then is, to describe only one general form,
and lay down one uniform rule, for the guidance
of Magistrates resident in the various settlements
of the Colony, both as regards the description of
offences, the form of conviction, and the form of
notice.
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β¨ LLM interpretation of page content
ποΈ First reading and analysis of the Church Extension Bill.
ποΈ Governance & Central AdministrationChurch Extension Bill, Legislative Council, Bill analysis, Minister stipends, Church building
- The Governor
- The Clerk of Councils
- The Colonial Treasurer
βοΈ Third reading and passing of the Police Magistrates' Bill.
βοΈ Justice & Law EnforcementPolice Magistrates' Bill, summary justice, Grand Jury, criminal law, legislation passed
- The Attorney-General
- The Colonial Treasurer
βοΈ Third reading of the Summary Proceedings' Bill to standardize forms.
βοΈ Justice & Law EnforcementSummary Proceedings' Bill, Justices of the Peace, uniform forms, Magistrates guidance
- The Attorney-General
NZ Gazette 1842, No 6A