ON LAW COURTS FOR THE RECOVERY OF DEBTS.

Otago Daily Times, Issue 150, 9 May 1862, Page 3

ON LAW COURTS FOR THE RECOVERY OF DEBTS.

To the Erlitnr of the Daily f tmeb g in Wi'l you permit we'to dra\? your attention to a subject of" paramount importance as attesting the commercial hitennw of thi-jl'rovmce t I allude to the want of an effective and economical machinery for tho recovery of <ltiOt3 contracted in the ordinary ope: aliens of common:.!. At present Ue free ramme of trade is not only placed under severe restrictions, but all b.io crippled, from the fact there is no other -iv-ay to recover a simple debt, whether it may be on an open account, by promissory note, or acceptance, except it bs.by the teuious, protracted and expensive process of an appeal; to the Supreme Court. Of course-! -allmlo to siiins over £20, claims for this amount or under, being easily recoverable upon a judgment in the Resident Magistrate's Court. I will instance n Cfu>'u in point by way of illustration— A. purchnsei goods from me, sny to the amount of £50, and I take liis acceptance for the same at three months. The bill matures, is presented, and dishonored, and I s/ra told that my only remedy, as the law at present sfcmds,' is by an action in the Supreme Court of '.he Province. The sittings of this civil tribunal oceuijnt intervals, if I mistake riot, of three months, so that if the acceptor's promise to pay falls due immediately after the date for issuing writs,' I am-compelled to wait until the following term before I can proceed to sue.. If I gain my case and recover the amount of my claim, my lawyer's bill tells me I have only*, "won a loss,'' while, if by some legal twisting or perversion of the laws, I should happen to be defeated, my loss is doubled by the heavy fees, charges, and legal expenses ever incidental to actions in tile higher courts of appeal. Here is timef-lost, an opportunity for my creditor to clear out, money spent, much anxiety, and a long train of concomitant evils, because, in this province thire is no legal machinery which can be called into pliy to meet those emergencies such as is provided in qU other of the Australian colonies, in the home country, afld in almost every part of the British dominions. •]s it not an anomaly ? Is it not something worse, desirous as our Government undoubtedly is, to foster its internal interests, to extend its commerce, md to add, importance to the province 4 in the eyes of mirrounding colonies, that it has been so apathetic or so wilfully neglectful, as not to provide inferior courts for tha hearing.and. deciding upon claims of creditors.' A pickpocket abstracts my handkerchief and he is in the hands of the law immediately he is seized. A ruffian assaults me in the street, and he answers for the'outrage within a few hours. My house is broken into, and the detectives are on the trail of the fciirglar, who will when taken, be kept in sure custody until a jury decide upon his guilt, and a judge mete out to him his punishment, and I am asked for no •part of the expenses incurred.in the prosecution; but a dishonest trader may obtain, by misrepresentation or artifice, my goods, which he never intends, or knows he will never be able to pay mo for, and I have no redress beyond waiting probably several months, and setting up a costly suit to get a judgment, which in all likelihood will do little or nothing for me, when it is obtained. Cannot your advocacy, Mr; Editor, do something towards an amelioration of this very serious state of our commercial laws. If the law were to give traders no redress whatever to recover claims from creditors, then "merchants, traders, and others," would know what to do Credit wouldcease, or be given upon honor only, and although, by such, a restricted mode of conducting business transactions, all the advantages which credit confers (when properly protected), upon'a trading community would be lost, still it would be better than the expense and doubtful semi-protection which the law of this province now offers. It is, in many instances, no more than a snare and a delusion. In Victoria proceedings may be taken upon a dishonored acceptance in. eight days, where the acceptor and drawer reside in town, or in sixteen days where one or the other is resident in the country. Our County, and Assessors' Courts are held monthly, •where claims up to £200 are decided'upon at a comparatively trifling cost to suitors. Would it be very difficult to apply the law of Victoria, and the rules of practice which guide it, to this Province? I think not, Mr. Editor, if my humble opinion be worth anything. It was only yesterday that I waß speaking to a merchant from Melbourne, lately established here ill a large way of business, upon the difficulty, time, and expense incurred in recovering debts, ■when he expressed to me his utter astonishment and dismay, emphatically assuring me that he would not have taken one half of the bills he had done had he been aware there did not exist the same facilities for recovery as in Victoria. It should be borne in mind, air, by our governors and rulers that the laws wliich were sufficient for this Province twelvemonths back are altogether inadequate to meet the complications wWpU a large and sudden access of population _and an extraordinary increase jn all the ramifications of foreign and internal oommerce create. But I have already drawn too freely on your columns, and craving permission for another letter on the subject at a future day,

I am. &c, ' , J. B.