DEBT- COLLECTING AGENCIES

Evening Post, Volume LIX, Issue 128, 31 May 1900, Page 6

DEBT- COLLECTING AGEN CIES

TROUBLE ABOUT ADJOURNMENT FEES. A judgment debtor, while being examined in Court this morning stated that he had had to pay the judgment creditor (the Commercial Agency), the sum of 3s 6d for an adjournment of the case. In reply to his Worship, the agency's solicitor repeated what he had said on a prior occasion, that he did not receive any of the 3s 6d. Thereupon Mr. Hasdden said he would again say, and in the presence mf the manager of this particular agency, that if 2s 6d was charged as solicitor's fee when the solicitor did not know anything about it, and the money went to the plaintiff, it was obtaining money by false pretences. The manager referred to replied that the 2s 6d was not charged for the solicitor, but for the speaker's personal trouble in making application for an adjournment, and for the risk he took. He charged 2s 6d for the risk and for the trouble of making entries in the books, etc. And. besides, if the defendant went to a solicitor he would have to pay much more if he arranged for an adjournment. The Magistrate said it was just the same as if a shopkeeper, having a summons for £5 out against a man, said when asked to agree to an adjournment that he would do so if he were paid 2s 6d. The manager replied that in his case he came to the Court personally to see that no mistake was made. He did not want adjournments at all. The Magistrate pointed out that doing as stated by the manager of the company was acting as solicitor, and the person doing so rendered himself liable to a, heavy penalty, for the Law Practitioners Act, which was as mucn* for the piotcction of the public as of solicitors, was read very strictly. He did not think this practice Avas right, bu|^ he did not see his way to interfere if the solicitor took his fee. If the plaintiff said, "Yes, I will agree to .an adjournment, but there's -a shilling for the Court fee, and 2s 6d for the solicitor," and the defendant paid the 3s 6d, and the solicitor did not receive any of it, that was a false pretence. It was slated by counsel that no such statement ever was made, and Mr. Haselden remarked that he had each time he referred to the matter put it hypothetically. The manager — It is our charge for the trouble and risk, and not the solicitor's charge. • The Magistrate — Well, I condemn the practice, and I think, moreover — though I am, of course, prepared to hear argument on both sides and to alter my opinion on cause shown — that it is a breach of the Law Practitioners Act.

The statement of the bankrupts Daniel M'Randall and Elizabeth M'Randall, boardinghoase-keepers, shows the liabilities to be £83 12s, and the deficiency £43 12«. The largest unsecured creditors are Messrs. Johnston and f ~)o., £42,- Gear Meat Company, £119, 19s; and City Council, £12 10s. The assets include 'book debts (£52) valued in 920 and a surplus, of £20 from security 'n the hands of Ihe Wellington Loan and Discount Company, to whom £50 is owing. Plaintiffs were successful in the Jollowmg civil actions heard by Mi* Hasel den, S.M , this morning — Te Aro Loan Company v Gordon Faithful, £20 15° 6cl Commercial Agency (Limited) v Ernest Cowes, £1 8s 5d . same *-. Mary Scarff, £25 15s Id , same v. Peter Ross, £9 18s 6d , Wellington City Council v A J. Rooney, £23 19s 2d , Whit combe and Tombs v. A. A. Ambridge, £7 19s 6d; Bowater and M'Lean -r. John M'Carthy, £1 6s sd , same v. Geo Gardener, £19s; same v Henry Muel ler. £1 Is 6d , same v Arthur Mitchell, £1 2s 9d ; same v Thos Hams, £1 Is Bd. Defended cases— T. R Ellison v W. Lawler, claim £13 19s 6d plaintiff nonsuited Mitli £2 5^ 6tl costs. T .md W Young v A Blks, claim £1 CN fad, judgment for plaintiff ioi 7s .viihout costs. In the ca-:e iX. SpiLtal v. Kirk, defendant was ordered to give up possession ot a tenement toy 7th June, and to pay lla costs,

The rat-hunt on tiie wharf after the little creature that was supposed to have come geim-laden from Melbourne in a case ot carriage-fittings brought by the Zealandia, has proved to be waste of time. As his ratship had not been caught by this morning in the trap set for his benefit, it was decided to use a gentle persuasion to induce him to leave his lair. Accordingly the fumigation process was resorted to by Mr. Burns, under whose special* care operations of this kind are carried out. This, however, had no ctfect, and as a last resource, it was determined to bieak open the cube, which, when emptied, was minus the iat or any vermin. It is thought likely that the lumper who said he saw a rat in the case was deceived by the colour of parts of the car- I riage ware. j The Mib-com.miS.tee of the Friendly Societies' Council which has in hand the preliminary arrangements for the c&tabtablishment of a friendly societies' dispensary 1 , met last night. Reports handed in indicated that the dispensary which has been the subject of mudi discussion and not a few meetings and conferences during the past six years, will soon be set up in the city. The Agricultural Departmcnc has received fiom the Agent-General a copy of the report of the trade of Havre and district for last year. The report statethat Australian hides are in good demand at Havie, but as they have to be brought from London they are practically excluded by their liability to pay the suilaxe. It also says. — "There has been a remarkable rise m the pi ice of raw wool (merinob) amounting in May, 1899, to 30 per cent., advancing in October to 60 per cent. The great increase in value is attributable to the scarcity of this particular kind of wool at a time when, owing to a. strong demand for fine wool, the woollen industry is in a flourishing condition. The production of merino wool now only amounts to abort a quarter of the total quantity raised, as the sheep farmers of the Argentine Republic, Chili, and Peru, from which countries it is principally imported into Havre, find it more profitable to breed large animals giving a quantity of meat and fat rather than the smaller merino '-hocp. The present demand for fine wool, which seems likely to last for the next few years, may give an opening at Havre for a larger importation ot Australian wool, more especially as wool from Australia, India, and Cape Colony is admitted into France from other European markets without being liable to the surtaxe d 1 entrepot " A male and female couple, living not a hundred miles from Eketahunu (ar cording to the local paper) who were each in receipt of old age pensions, came to the conclusion that in double harness they could live more economically. ' They accordingly agreed to sacrifice one of the homes They are now married, and live i in perfect harmony and content. Ndne additional probation aa-y police constables, Avho have been undergoing the usual course of instruction at the Mount Cook Station under Sergl. O'Donovan, will be sworn in to-morrow Only one, Constable Cattanach, will be stationed in Wellington There were four bankruptcies in Wellington during the month ended to-day ! as compared with eight in the corresponding period of last year. The Chief Justice this afternoon recorded a fine of 40s against C. D, Fox for non-attendance as a common juror. It is understood that the Minister for Education proposes to next session introduce a Bill with the object of applying the system of capitation allowances to the high schools of the colony. The number of marriages registered in Wellington during the month ending to-day was 43 (about half the number recorded for the previous month), mak ing the total "for the five months of the year 297 #he births registered this month numbered 119, oi 27 more than in April of this year, making the total for the five months 535 During the present month 48 deaths were register ed, bringing the total foi January, February, March, .April, and May of this year up to 217 On the night of the 2nd April Vavau, in tho northern group of the Friendly Islands, was visited by the most severe hurricane that has been experienced for a great many years. More damage was done amongst European houses than has ever been known there. In the town of Nei-afu almost without exception every dwelling has suffered more or less, most of them being shifted bodily oil' their blocks. Many are heaps of ruins, roofs, sides, floors, and household furnil ture being mixed up in inextricable confusion. In the case of smaller dwellings, only the blocks remain, the rest i of the dwellings being scattered in every direction. The big Free Church of Tonga and the Wcsleyan Church were demolished. The Roman Catholic Church | was slightly damaged, but the new Government offices were destioyed. All the wharves are badly injured, concrete blocks three tons in weight were turned over, and the wharf decking completely washed away. News from inland was that 50 churches and .scores of natives dwellings were destroyed. The orange ! crop was quite destioyed, and fears weie entertained for the fleet of coasting craft. The first leg of the railway bridge i crossing the Gorge at Ohingaiti was successfully cabled to the base on Mon- ! day, according to a local paper, Two 1 cables were used, owing to the weight of the leg, which is 6j tons, and the heaviest piece that will be used in the construction of the bridge. It will ! require five of these legs rivetted on to one another to attain the height of the bridge, which will be 290 feet from the base. There are 70 men at work, including those working in the foundry. Mr. George Hutchison, M.H.R., who' recently returned from a visit to South Africa, intends to make another trip to that part of the world. He will probably leave soon after the opening of Parliament. As Mr. W Johnston is unable to referee in the Melrose-Kia Ora match, Mr. W. Beck will take his place. This week's Canterbury Times contains a series of photographs in connection with tho war in South Africa, obtained by that journal's special artist, and amongst them are well known New Zealand faces. A special supplement is also given away, being a fac simile of the humorous illustrated paper printed in Ladysmith during the siege. Them arc also pictutes, illustrative of Mafeking Day m Christchurch, and the great Children's Fancy Dress Ball there given by the Mayor.