THE Otago Daily Times. "Inveniam viam aut faciam." DUNEDEN, TUESDAY, AUGUST 16.

Otago Daily Times, Issue 827, 16 August 1864, Page 4

THE Otago Daily Times. "Inveniam viam aut faciam." DUNEDEN, TUESDAY, AUGUST 16.

Occasionally there springs from out the dreary proceedings of the Law Courts the materials for romances as effective and sensational as those which make the lortune of popular novelists. At the last sitting pf the Judges in banco, the case of M'Lean v Chapman, intestate estate, was called on, and, as it had been many times before, was passed over for a future hearing. One could not help being reminded of the celebrated case of Jarndyce v Jarndyce. There was the same pressing demand on behalf of the parties to the suit for an early settlement, there was the same regret on the part ofthe Judges that the inexorable requirements of the law compelled a further postponement. In one shape or another, this case has been often before the public. We do not wish to revive old scandals, suffice it to say that the intestate, M'Lean, died some three years ago, old, unloved, neglected, and ill-treated, under circumstances that at the time raised a considerable amount pf suspicion. He left behind him a widow, several., children, and a large amount of property. The official administrator stepped in very properly to take charge of and realise the estate. Ec has now in hand, according to Mr Barton, £22,350; but the children to whom twothirds of this amount is to revert, are in a starving, destitute condition, and the Court can do nothing to assist them, beyond furthering the progress of the suit as much aa possible. It has often been boasted that the tedious forms and trammels that impede the progress of justice in the English Law Courts have not been reproduced in the Colonies. But we fancy the annals of the Court of Chancery might be ransacked in vain for a more cruel or anomalous example than the one we have instanced. True, waiting for the decisions of that hoary tribunal, hundreds of live§ have been fretted away in loveless dreary expectation. Men have passed from youth to age unfitted for any occupation, pn account of the constant suspense they have been kept in. Their legacy of * hope has descended'to their children; and their children's children, and generation after generation has lived and died with the one absorbing thought—the family heir loom—the Chancery suit. But however trivial, however insignificant, there was at least always some groundwork of dispute upon which the long f litigation was based. Where is there any- ! thing of the' kind in the Intestate Estate of M'Lean to justify the keeping the children in a starving condition, whilst their money lies in the Bank. Possibly a question may arise as to the exact amount to revert to each child, although this can hardly be, for the law is explicit as to the disposal of Intestate property. But at any rate a large sum must come to the children. Is no remedy to be found for the cruelty of the law, or its administration, that keeps it from them? The moment we look into the matter the remedy becomes apparent. The reason AND BALES SLOPS,

why the Judges could not make any allowance in favor of the children was, they said, because no interest was accruing on the money. It had to be placed inthe Bank; it could not be invested in house property or flimsy securities. But why, in the name of common sense, must it lie in the Bank unproductive, There is scarcely a person in business in Dunedin but; knows that the Banks are only too glact to give interest on deposits, and that in practice they act most liberally towards depositors. There is a sliding scale of interest allowed according to the time the deposits are made for. But if the depositor desire to withdraw his money before the stipulated period, it is an invariable practice with the Banks to cash the receipt over the counter, and to allow some interest for the time the money has been deposited. This applies to the smallest amounts, but it is notorious that when the sums are large the Banks are, willing to make special arrangements yet more favorable to the lenders. Now, we shall be told that the £2:2,000 could not be deposited at interest because it: was necessary to keep it at the disposal of the Court. Plausible excuses are never difficult to Und. This one may appear very satisfactory, but looked into, its hollowness is apparent There is always a way to do a thing, and a way not to do it. If those who have charge of the money offer it to a Bank free of interest, of course the institution is only too pleased to accept it. But if they were to say, " Now we require interest on " this sum which we will deposit subject " to the orders the Court may from time to " time make for the removal of any part or " the whole thereof," there is not a bank in Dunedinbut would gladly offer a liberal interest for it. Only one-third of the money is at all likely at any time to be suddenly taken away, and the banks would satisfy themselves of the liklihood without in any way requiring a pledge from the Court or the administrator. In regard to risk their tvould be no more hazard in an arrangement by which the bank agreed to give interest for money deposited with it, than in-one by which it was to acquire the use of it free of charge. And in either or in any case, the risk could not be greater than in selling, as was done in this estate, part of the property on long dated bills. We must not be understood to design any reflections on the official administrator. We are not aware that he is left any discretion. We believe the blame rather attaches to the Government. If we are not wrong in our surmise there is a kind of understanding by which the Government allows the Bank to hold the Intestate Estate Account free of interest, and in return gets facilities itself in other accounts. The arrangement is probably more implied than defined; but in either case it would' be a wicked defraudation of those for whom the Government acts as trustees, and to whom ti owes the nicest and most delicate honour. On the other hand it has to be remembered that in no Government department is there greater room for abuse than in the management of Intestate Estates. It rarely happens that any one interested in them is immediately at hand to watch the way in which they are managed. In Melbourne it has lately been proved that the grossest abuses have been going on for years in this department. Attention was first called to them by the strictures that one of. the Judges made from the Bench. The Argus took it up and admitted letters to its columns from all quarters, detailing numberless instances of abuse, the sufferers from which had hitherto kept their wrongs silent. The result has been an enquiry, and a tardy redress. We do not insinuate that in New Zealand, things have reached the same pitch. But the example inculcates the importance of narrowly watching the department, and of nipping in the bud any laxity in its administration. In the present case it is clear that some one is to blame for allowing the Bank to enjoy the use of several thousand pounds for many months free of interest, not only to the loss of those to whom the property will devolve, but whilst they were actually starving. In some sort the persons interested in intestate estates are wards of the Supreme Court, at any rate children may be regarded in that light. If the Judges admit the responsibility, we earnestly recommend to their notice the particulars of this case, as deserving of investigation. Doubtless, when they lamented that the money was bearing no interest, the thought did not strike them that it might and,should have been made to bear interest. Had. it been allowed to fructify at ever so small a rate the poor children might have been fed and clothed, and educated, whilst now according to their counsel's statement they are left in a thoroughly destitute condition. There is no matter connected with the General Government in which reform is more urgently needed than the publication of official statistics. In the neighboring colonies the official returns, particularly those relating to trade and revenue are published within a few days ofthe termination of the period to which they refer. But in New Zealand it is considered quite soon enough to publish official returns four months after the expiration of the term up to which they are made up. It need hardly De pointed out how much the AND DRAPERS ;

value of these statistics is destroyed by such an uncalled for delay in their publication. In regard to returns of the trade and revenue of the colony, it is not too much to say that they are deprived of their most useful character by unreasonable delay in making them public. When a colony has to compete Avith other borrowers in the Home Money Market, it is of great importance that the state of its trade and revenue should be made known as" promptly as possible. Particularly it is desirable that such should be done at a time like the present, when the war in the North Island and the partial decline in the yield X>i gold, and the decrease in immigration may have been considered as likely to seriously affect the commerce and revenue of the Colony. Concealment, under such circumstances, is the worst possible policy; but doubly so when prompt publicity would satisfactorily counteract any unfavorable impressions that may have arisen. The revenue tables for the quarter ending the 31st March, were only published in the Gazette on the 30th July, a delay of four months, and one, we assert, utterly unnecessary, considering the extended „ and more frequent means of communication between the various provinces and Auckland. The result of this procrastination is that the statistics have now become mere dry records, when they might have been interesting, and have exercised an important and beneficial influence. It is satisfactory to find that the returns of Customs revenue for the March quarter compare very favorably with those of the corresponding period of of last year, although they do not indicate quite so large a rate of increase as was shown by the quarters preceding it. This was to be expected, considering the rerelaxed shipments from England, the slight diminution in the production of gold, and the almost entire cessation of immigration from England. The total Customs revenue for the quarter under review, was £147,778, as compared with £127,674, the amount for the corresponding period in the preceding year, being- an increase of £20,104, or about 18 per cent. The various Provinces contributed in the following proportion:—

The only Province that shows any decrease compared with the corresponding quarter of 1863 ? is Otago ; but the amount is quite inappreciable, being only .£1156. The greatest increase as compared with the March quarter of 1863, is in the case of Auckland, which shows an increase of £10,392. This may be easily, accounted for by the large military expenditure, and the consequent increased consumption of spirituous liquors—the most productive item of revenue. Taking the gross amount for the quarter as a test of the accuracy of the estimate made by the Colonial Treasurer for the year, the year's revenue would be slightly below his calculations. The Customs' revenue was estimated at £603,600, whilst taking the March quarter., as an average, the revenue would fall short of that sum by £12,478. It is not unlikely thatthe many unfavorable influences which have been at work, may result in a deficiency on the estimated revenue, but the amount will be too small to cause any uneasiness. The value of the exports for the quarter is estimated at £1,947.824 as compared with £1,355,483 for the corresponding period ofthe preceding year, being an increase of £592,341. The increase was most marked in the case of Auckland, which of course is directly attributable to the presence of a large military population. Auckland imported to the extent of £390,270 during the quarter, as compared with ' £178,847 for the corresponding period last year. From- the same cause the imports into the Province of Taranaki were much larger th an at the same ti tne last year, being £17,578; as compared with £7815. Canterbury's imports were also on an increased scale, being valued at £260,662, as compared with £181,424 for the same period in 1863. The imports of Otago were similarly larger, being £870,418,"against £657,501 for the March quarter of 1863. In the case of this Province it will be seen that although there was a slight falling off in Customs revenue, there was an increase in thevalue of importations,, to the extent of £112,917, a fact which entirely destroys the importance of the slight deficiency in Customs duties. The exports for the quarter for the colony are valued at £1,256;292, compared with £1,203,266 for the corresponding quarter last year. This shows an increase on the quarter of £53,026, divided between the provinces of Wellington, Marlborough, , Canterbury and Southland. From the other provinces the exports s"_ow a decline as compared with the March quarter of the previous year. On the whole, the returns afford matter for congratulation, and when the disturbed political and financial condition of the colony is taken into account, the statistics mark a steady progress, and suggest how much the rate would have been increased 7 TRUNKS

under more favorable circumstances, 1 We cannot conclude without again * urging the Government to cause a j more prompt publication of the official returns. In Victoria the revenue tables | are published within a day or two of the termination of the period to which they _ relate, and we see no reason why the re- '_ turns for this colony should not be pub- g lished at least within a week or two— i instead of four or five months after the t quarter, as is now the case. ira,j^._ii_tm__iiii'wii<_»is-i_i t The weather in the Lake District has been ' beautifully fine for some days previously to the date of our correspondent's letter, which we publish in another column. The late \ floods have done considerable damage, a great part of which appears to be attributable to the feeling of security consequent upon the - previously long-continued favorable season having led the miners to take up ground . liable, from its position, to be flooded. In several localities they are setting to in earnest to repair damages, while in some cases - J the miners have thought it better to withdraw to ground less precarious and more cer- _ tain in its return. , An inquest was held on the 6th instant at j the.Court-House, Queenstown, on the body of _ Uriah Turner, a miner at Arthur's Point, ' who, on the previous Thursday afternoon was . working on a drive, when the soil fell in and buried him. He was dug out after having been covered about three-quarters of an hour. When recovered; the body was in an upright position, but quite dead, the sandy soil having fallen around him and suffocated him. The Jury returned a verdict of Accidental death. At Queenstown, on Wednesday evening, the 10th instant, the Volunteer Tire Brigade held a meeting, at which Mr Bell, the cap- - tain, occupied the chair. He had previously tendered his resignation as Captain of the Brigade, but in accordance with the unanimous vote of the members, he consented to withdraw it. It was resolved to take steps^to obtain a suitable engine, and the Captain, Lieutenant, and Secretary, were instructed to prepare the necessary specifications. In the neighborhood of Waikouaiti, farming operations are being prosecuted with i vigour. Most of the settlers in the district I possess laud of their oivn, and very extensive tracis are in course of being fenced, preparatory to being placed under the plough next year! The quality of the land is well calculated fbr agriculture ; and the only drawback is tliat of the difficulty of conveying produce to market. Tbis however, in the course of time will, no doubt, be obviated, when reciprocal advantages will accrue to both town and country. It has been intimated to-us that the General Government has purchased the St. Kilda steamer, for the use of the Marine Board, for the sum of £5000. A rush is reported at the Mataura Beach, Nokomai, a few particulars of which are given in the letter of our Lake Correspondent. This rush is, we fancy, the same that was reported in the Southland papers aboufc a week ago. - sit of Mr Redwood and Mr Dupper to Victoria," says " Observer " in the Melbourne Yeoman, "I, in common with many, cannot divest myself of the feeling that their proceedings at Nelson have something of interest for Victorians ;■■ it seems as if. the animals winning fame in that part of the world might be induced to come here and fight; us again, as their stable predecessor did. Mr C. Redwood's Otto, Mr Redwood's Ladybird, and Mr Stafford's Regina, appear to have had the good things between them. Otto taking, however, the lion's share. The New Zealand breeders in this quarter appear to have hit upon some very fiae strains of blood, and the animals competing afc the Nelson meeting, for- comparatively small stakes, would offer a strange contrast to .the miscellaneous lot running, for goo<l prizes inthe golden district of Otago, where Birth .lay, Loddon (own brother to the Flying Buck), Young Alma, Shillelagh, and' Sorcerer, were at about the same time picking up a pleasant lot 'of unconsidered trifles.'"' At the meeting which took place in the Octagon yesterday, a deputation of six men was appointed to wait upon his Honor the Superintendent to represent to him the opinions of the meeting respecting- the claims of the unemployed. On inquiry at the office we were informed that the answers of his Honor proved entirely satisfactory to the deputation, and thafc he expressed his desire to meet their views as far as possible. A Social Tea Meeting in Commemoration of the opening for public- worship of the Baptist Church, will be held in that Church this evening, and a public- meeting will take place afterwards-. It is expected that His Honor the Superintendent will take the chair at the meeting, and that addresses will be delivered by Mr Bathgate, Mr Diok, Mr E. B. Cargill, the Rev. J. L. Parsons (the Pastor) Revs. R. Connebee, D. M. Stewart, — Aldred, and the Rev. M. Simmonds, the Master of the High School. We notice that the Directors of the New ' Zealand Steam Navigation Company have appointed Monday next as the date for pay-ment-of the third call of £1 per share on the second series of shares in the said Company. On Thursday next an entertainment will be given in the Caversham Schoolhouse in aid of St. Peter's Church. The programme will iaclude recitations and music by gentlemen who have volunteered their services forthe ; occasion. The first of a series of promenade concerts was given by M. Fleury, last evening, in the Vestibule of the Princess Theatre, and was quite a success, as many persons being present as could comfortably stand in the Vestibule. ■ The instrumentalists were the members of the Princess's orchestra, with three or four additions ; the musio was light, consisting of a couple of overtures and plenty of sparkling dance tunes ; and it was very much better heard than we had expected would be . SEASONABLE BOOTS,

the case. Much of it was capitally played jaud tbe whole was a thing to be thankfullyaccepted as a first attempt here at aoythinglike a concert mainly of instrumental m_sic_: A gentleman who had not, we believe, beforesung in public, gave.three or four songs*, which were well received. His voice is a fair robust tenor, which is capable of being made very effective ; .bat of course, there are present defects in its management, such as all but invariably mark the first efforts in public of those who have not been trained as singers. The concerts are to bs continued throughout the week.

Two draymen, named Francis Deale and. Kenneth M'Kenzie, were yesterday morning charged with having committed a violentassault upon John H. Nooding, keeper of the; Saddle Hill Toll-bar. It appeared' from the evidence that as these men were driving their waggons through the toll-bar a dispute arose as to the charge to be made for the loose horses which were behind'the waggons. From words the parties came to blows, andL the complainant alleged that these mea jumped on him,, pulled him down, and rolled him on the road,, and that Deale threw a stoner at him which struck him pn the eye. The prisoners denied the complainant's-statemenf-. and produced witnesses to prove that the complainant himself struck the first blow,, and hit Deale on the face. They.all denied that any stone had been thrown. The caser was dismissed. A charge against David HM of stealing a hammer from the workshop of Edmund Pritchard, Rattray street, was dismissed, it being so trivial as to be unfit fbr prosecution.

A .most melancholy, but a most premed_tated and determined suicide was committed: at the Shamrock Hotel,- yesterday morning-.. Mr Joseph Woolf, a well known brewer-, destroyed his life by taking a large quahtityof strychnine. Pecuniary difficulties, and Inability again to face friends, promises towhom he had broken, are set forth as themotives to suicide; for this is the burthen ofay; letter which the deceased left in the bedroom, addressed to a relative, and'there is a repetition of the same statements in writing in hisr diary, which he did after taking the poison. The case is altogether a most painful one *; but we need not here refer further to they circumstances, as a full report of the evidence given at the inquest, will be found in another part of the Times. Mr Woolf was 34 or 35----years old. He was a widower, and he has left two children, a boy and a girl.

We give insertion in another column to a letter from Mr Jenkinson, the Jetty-keeper-respecting the complaints made of the condition of the New Jetty. Mr Jenkinson hasevidently peculiar ideas as to what constitutes the "abominable condition" of which complaint is made. Having ." promenaded the wharf," yesterday, we can fully endorse all that has been said of the-, condition of the jetty. ITor a considerable portion of Itslength the roadway was almost ankle deep in. mud, and in no portion of |it was-ifc in sucß. a state of moderate cleanliness as-might beeasily produced by a little attention, and the boring of a few holes in the flooring to allow the water to drain through. As to the approaches to both jetties, they just nowpresenfc. difficulties which none but those who rejoice in knee boot 3 would care to face.

Auckland ... .V Caranaki Wellington lawkes Bay ■Jelson Ilarlborough "auterbury )tagO .. loufchland 31,567 2,642 11,705 3,640 4,005: 727 21,716 57,058 14,455