ILLEGAL CONVEYANCING COSTS.

Nelson Evening Mail, Volume III, Issue 231, 29 September 1868, Page 2

ILLEGAL CONVEYANCING COSTS.

(communicated.) The high, unjust, and, it appears, illegal charges for conveyancing have long been commented on in nearly all the Bri* tish Colonies. Every one remembers the efforts of Mr Torrens in Australia to assimilate the costs for the sale of land as' much as possible to those for the sale of any other kind of property. At the time Mr Torrens published his treatise on the subject, nearly the whole of the New Zealand press used their endeavors to get his simplified system introduced into this colony. But who can fight against lawyers ? It is gratifying, however, to find that this subject has been recently brought before tbe Legislative Council. We give below what took place there nearly in full as the matter is of great importance to almost every individual iv the community. The Hon. Mr Holmes said that some time ago his attention had been called to the extraordinary charges which were being made in certain cases under the Conveyancing Ordinance passed in 1842. The clauses which were then passed for limiting the charges had been perverted and excessive charges legalised. He had brought the matter uuder the notice of the Attorney- General some time ago, and had been informed that the charges now made were illegal, and that the Act waa not intended to have the effect of legalising the payment of onehalf per cent, for the drafting and making out of all conveyances, irrespective of the value of the property conveyed. Clause 53 of the the Co_,vefyancing Ordinance of 1842 was as follows :—- --* And for the further securing the simplicity aud brevity of conveyances in ordinary use, and of affording at the same time an adequate remuneration for the trouble and responsibility of solicitors, Be it enacted that the sum to be recovered for the drawing, copying, and engrossing of any purchase-deed or mortgage-deed shall be a percentage upon the consideration money of such deed according to the following rate and no more (that is to say) where the consideration money shall not exceed £100, then the sum to be recovered shall be any sum not exceediug £1 ; aud where the consideration money shall exceed £100 the additional sum to be recovered shall be any sum not exceeding the rate of ten shillings for every additional £100 of such consideration money.' Mr Holmes cited a case in which the charge for the drafting of a conveyance for a property valued at a little over £120,000 was £600 10s., besides the charge for maps, &c. This case was submitted to a judge of tbe Supreme Court, who however ratified the charge. Dr Pollen (in answer to the question whether Government purposed to bring in a bill to prevent this illegal practice, which ' was vicious and had an evil tendency and tbere were at present many persons who had suffered largely from it,') replied that he had no doubt the Government would take means to prevent this evil in future. He thought that the desired change had been effected, but he « supposed it remained unaltered, because tbe lawyers who were wise in their generation, had carefully abstained from exposing so nice a nest-egg.' The hundreds of persons who have been victimised in spite |of the efforts of Government to prevent it, may derive some comfort that at last the practice will be inquired into. It is too much to hope that those lawyers who have made the illegal charges will be forced to return them. But this is a fit and proper subject for the Vigilance Committees (which in spite of its Yankee origin and sound appears to be a more sensible name than Financial Reform Association) which ~we trust to see established in eyery town and village jn $l»e colony.

■ Four tenders for raising the steamer Taranaki have been received by the Directors of the New Zealand Steam Navigation Company. They vary greatly in character of terms offered; and it is stated that there is a probability that others will be received. The tenders sent in vary in price from £5,000 to £7,000, but in all cases, the company, we believe, is made to run nearly all risks. Such terms are not likely to be accepted. The Westport Star says that several persons in that township who have visited the scene of the late rush at Brighton, describe the rush as having been a very trifling one, and they state that now there are very few people in the neighborhood of the prospectors, and no apparent excitement. A Greymouth telegram in the Westport Star of Thursday says that a man named Michael Brennan, who was a storekeeper at Nelson Creek, was found drowned in the creek on Tuesday last. He was known to have a large quantity of nioiiey and gold upon him, and foul play was suspected, but everything was found correct. The people of Hokitika are still expending money and energy in opening a new channel for tbe river. The channel is being cut about 200 yards to the northWard of the old flagstaff, and is almost in the same place as where the old South Channel was situated. A contract has been taken, for filling in the North Channel, and it is, this time, expected to be successful. It would appear from the statements of our West Coast contemporaries that the labors of the numerous committees, ap. pointed to collect subscriptions for the 'Kynnersley Testimonial' have been most successful, no less a sum than £1800 have already been pledged by people of all classes and denominations on the goldfields, and it is asserted that a sum of double that amount is certain to be collected. The sovereigns are not to be made of West Coast gold, as first reported in a Westport paper, the idea having been abandoned as rather too expensive; and as we doubt not that Mr Kynnersley would perhaps object to hand 'that' testimonial as an heirloom to his descendants, it is as well that his numerous and enthusiastic friends have altered their minds on the subject. Meetings have been held sit the Thames Goldfield, which have been very numerously attended, for the purpose of raising a fund in aid of the widow and three children— two boys and a girl — of the late Major Von Tempsky, who are now in Auckland. Provisional committees have been formed for this purpose, and there is every reason 'to hope that the movement will be productive of satisfactory results. The Southern Cross has received intelligence from Maketu that a party of Arams, headed by William Marsh, had gone to occupy a post at Ohiwa, to act in support of the Europeans in case of any disturbance in the neighborhood of Opotiki or Whakatane. The Auckland papers say that the diggers who went down to Mercury Bay have returned very much dissatisfied that alluvial gold was not to be found. Two of the prospectors were seized, tried by lynch law, and sentenced to have their heads shaved, which sentence was carried out. Some men remain at Mercury Bay, and it is said tbat there are prospects tha good reefing may be got.