Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

The Pamphlet Collection of Sir Robert Stout: Volume 65

Laws Amendment

Laws Amendment.

Regarding improvements in our laws and law-making, I need not say that I am greatly in favour of codification; and the present Government are doing an excellent work in that direction by repealing and framing anew. Yet care should be taken not to load the Statute Book by Acts which are already covered by the common law of England. Many such Acts or parts of Acts are, I believe, on the Statute Book of New Zealand. Acts which have been amended should in most cases, and as a rule perhaps, be redrawn every three years. There is one law which I am much in favour of amending and disturbing, and that is the law of lien and retention, particularly where it bears on the right of attorneys to retain documents and deeds till their costs, or what they may call their costs, are paid. I would do away page 147 with all general lien, and allow only special to remain, and this only when specially contracted for. General liens indeed were never favoured by law. Why I propose this change I will state: There seems no need for such a right. The lawyer has the usual remedy against his debtor by an action at law. When deeds or property of any kind are held, but especially title deeds, the holder, against too it may be an innocent and third party, has a very great advantage. If possession is nine points in law, it is so here. On three occasions I have myself had trouble in getting deeds from lawyers when their costs were paid, and when there remained not the shadow of a claim on them.