West Coast Times. FRIDAY, DECEMBER 1, 1876.

West Coast Times, Issue 2396, 1 December 1876, Page 2

West Coast Times. FRIDAY, DECEMBER 1, 1876.

FRIDAY, DECEMBER 1, 1876.

A convenient British fiction supposes every subject of the Queen to be thoroughly conversant with the laws of his or her country. We presume that a New Zealaud colonist at thus particular period, would supply the exception to the rule, and would be excused, if, in a Court of Justice he pleaded ignorance of many of the statutes now slowly, and from time to time emerging from the Government Printing office. Here, for instance, now just to hand, is — the Bankruptcy Bill, — the new Debtor and Creditors Act, and we would like to know what lawyer even there is, out of Wellington, who is versed in its provisions 1 Yet it is law in this country, at the present mament, having come into force on the first day of last month. It has taken so long to see the light, and it came iuto operation so very suddenly, that we fancy solicitors must have l>een subjected to no little inconvenience in advising their clients; and wo are informed that even Supreme Court officials knew very little about it up to a few days ago. Yet it is a measure that concerns a large section of the people; for the world is composed, for the most part, of persons who are either debtors or creditors. We are not aware that the rules for the conduct of proceedings under tho Act have been yet even framed; aud it is certain, ut all events, that no one out

of Wellington Jias yet seen them; and although the Slgj; «§ction of the new Act states, that upttt pules have been made in pursuance of it, the rules under the old Act are to be acted on, yet it is not difficult tq suppose a case, aud indeed many cases, in which the old rules, and the new Act, might be completely at variance. The Act is a more voluminous one than that of 1875 which it supersedes, and consists of 213 clauses, many of them of great length. It undertakes to do two things, apparently somewhat inconsistent in themselyes, — to give relief, namely, to debtors, and to give better secprity to creditors, In many instances the Act of 1875 and this one, differ materially. For instance, under the old Act it was necessary that one half of the whole body of creditors should vote, in passing the liquidation resolution at the first meeting of creditors. The new Act does not mention a word about any such resolution, at all ; and we might indicate very many other points in which the two Bills differ. But perhaps it would be more to our present purpose, and might serve a more useful purpose, if we take up the new Bill, and mark what the laws actually are which now govern debtors and creditors. Wu first notice the proceedings to be taken by an insolvent. Any person finding himself unable to pay his debts may file, in the Court, a declaration to that effect, duly attested by the Registrar of the Court, a justice, or a solicitor, and immediately upon the filing of this document, the debtor becomes a bankrupt, and his estate vests in the Registrar, who shall fix upon some convenient time and place for holding first, and subsequent, meeting, of the creditors, the first meeting to be fixed for a day not less than four days after the filing of the declaration. The clause (24) dealing with this meeting of creditors concludes somewhat ambiguously, and perhaps Mr Button may be able to make it clear. It says " Notice of the filing of such declaration, and of the time and place appointed for holding such meeting of creditors shall be forthwith gazetted by the debtor. What is the meaning of the word "gazetted" here? The interpretation clause says, that the word shall mean " published in two or more newspapers for the district iv which the proceeding is taken." We area remarkably newspaper starting, and newspaper reading, people in these islands, no doubt, but still it is just possible that there are debtors and insolvents residing in those remote and benighted regions of New Zealand which cannot boast of two, or even of one, " newspaper for the district," and in either case we fail to see how the insolvent can comply with the law, as regards " gazetting " his act of bankruptcy. After the filing of the declaration, the Court may, on the application of the debtor, or of auy creditor of the debtor proving his debt to the satisfaction of the Couit, retrain any action against the debtor, on such terms as it thinks fit. Nor, after the notice of the filing of the declaration has been gazetted, can any execution or attachment be available against the debtor or his effects, without the leave of the Court. Within four days after the filing of the declaration the debtor is to file in the Court a list, signed by him, showing the names, residences, and occupations of his creditors, and the respective Amounts due to them, and render a statement showing his property and the estimated value thereof; and he may from time to time add to, or amend this list, which is to be open to the inspection of the creditors, who also may have a copy of it, or payment of such fees as may be prescribed. The debtor, having complied with these provisions, aud having followed the simple and plain course just indicated, has now done all that is necessary to ensure protection. If he is aia honest man, whom misfortune has overtaken in his business, he eau breathe freely, and even feel tolerably comfortable under his preseut circumstances aud difficulties. If a dishonest person, he may breathe freely too ; and even feel tolerably comfortable, for a while. As it raius on the just and on the unjust alike, so, necessarily, must laws, intended for the relief of the honest debtor benefit also the fraudulent person. The most that can be done is, to protect also, as far as possible, the interests of the creditor. The Act appears to do this, very discreetly aud very carefully. At the very outset of that division of the Bill relating to the proceedings to be taken by creditors, certain acts, of a suspicious or fraudulent appearance are deemed to be acts of bankruptcy if committed within three months before the filing of a petition to the Court by a creditor, setting forth : — (1) That the debtor has made a conveyance or assignment of his property to a trustee, for the benefit of the creditors geuerally. (2) That he (the debtor) has made a gift or transfer of his property, with intent to defeat or delay his creditors (3.) That he, with alike fraudulent intent, has departed, or intends to depart from New Zealand, or absented himself, and (4.) That execution issued against the debtor for obtaining payment of not less than £50, has been returned unsatisfied. Any one creditor of £50, or two or more creditors whose aggregates accounts agaiust the debtor amount to £50, may within three months after any of the above mentioned Acts of Bankruptcy, present the petition to the Court, showing the nature of the debt owing, and praying that the debtor may be adjudged ft bankrupt, upon which ihe Court will summon the debtor to appeur before it and show cause why he shall not be adjudged a bankrupt. And here we shall leave debtor and creditor for the present, but shall tuko an early oecasiou of bringing the law as regards (>oth, again before our readers.

We presume that Messrs Button and j Barff will soon announce the date of the usual post sessional addresses to their con» stituents. Perhaps the constituency is not very eager to hear them, but stiH the timehonored custom should not be departed from. At present the town is dull, and an address from Mr Barff or Mr Bu#on would relieve the monotony. There will be a meeting of the Borough Council at half-past seven this evening. There be a fitting of the District Court at ten o'clock this morning. There are three cases on the calendar— the Queen v. Williams, perjury ; Currell, perjury ; and Margaret Wright, concealment of birth. There is no civil or bankruptcy business. A meeting of the shareholders of the Hokitika and Kanieri Tramway Company was held yesterday at the office of the company, Hokitika, to consider the advisability of winding up the company, and disposal of their property; but in consequence of there not being sufficient shareholders represented, the meeting was adjourned till Thursday, December 7th, at noon. Two bay and stray horses galloped into the Police Station yesterday, no doubt with the object of grazing on the tempting grass lawns which adorn the enclosure. A legal gentleman, who was passing the station at the time took another view of the matter. He said the animate had a grudge against their owner, or they would never have given themselves into custody. It is almost needless to remark that the ever vigilant Sergeant O'Malley seize! the intruders and took them to the pound. Some of the members of the Hospital Fete Committee met last evening at the Hospital Rooms, and tiansacted some business. We believe the programme of sports for the two days amusemeit will be published very shortly. It is expected that the fete will b c a great success, as evety effort will be made to make it so. Tenders close to-day at the Town Clerk's office, at 4 p.m., for making' a box culvert in Haaipden street. Mr James M'Beth is appointed Loll collector at the Omptumotu toll gate from this date. The visit to Westland of the Primate of .New Zealand, Las been deferred till February next. The drawing for the prizes in Mr Tindall's art union will take place at Mr Linueman's furniture warehouse, Weld - street, tomorrow (Saturday) evening, at 8 p.m. Mr James Simpson has been appointed receiver of gold revenue at Stafford. The Victoria Cavalry Volunteers are disbanded at their own request. Notice is giveu that unless outstanding rates ate paid before the end of the year, proceedings, utdef the 20th section of the Educatiou Boards Act, 1876, will be taken for their recovery. Mr Frank Bird, R.M., is appointed Chairman of tho Licensing Courts for the districts of Wataroa, town of Okarito, Weheka, and Haast, vice, M. Price, Esq. A distressing accident took place at Kanieri yesterday, by which a child under two years oil age, the daughter of_Mr Griffiths, lost her life. The nWe'glrl Was playing" "on the tramway, when two trucks, fully laden, were passing. It appears the truiks were iv charge of a lad of about eighteen years of age, who left them for a few minutes in charge of a younger boy. The latter either did not observe the poor little child, or was unable to hold the horses, for one of the trucks passed over her head killing her instantly. An inquest will be held at Kanieri to-day. We are desired by the Hospital Committee to thank Mrs Lange for a donation of a number of journals and newspapers for the use of patients. The Committee would be thankful for similar donations, as there is a great scarcity of books and periodicals in the Hospital. Mr H. Kenrick is appointed Registrar of Births, &c., for the district of the Grey; and Mr T. Kenrick, Deputy Registrar for the same district. At a meeting of the Directors of the Koh-i-noor Gold Mining Company, held on Tuesday evening, all the tenders for driving two tunnels were declined. The lowest tender, says the Guardian, was 13s 6d per foot, the tunnel being only 6ft x Bft, aud as the Company have to take away and wind-up the dirt, it was considered much too high. The number of suicides committed recently by persons in Victoria, is remarkable. Yesterday, we notified the suicide of M r Darby, the Mayor of Majorca. A few days before that the death of Mr A. E. Moore brought about in the same way was announced, and by the latest advices we now hear that Dr Leslie Gordon, the Medical Superintendent of the large Lunatic Asylum at Ararat, has put a period to his career. The deceased waa a quite a young man, and was possessed of considerable talents. He was a general favorite amongst his hosts Jof friends and acquaintances, for he was of a genial nature and of a very hospitable disposition. Before landing in Victoria, he had been a great traveller, and not long previously had accomplished an expedition to the Arctic seas. He was resident medical officer at the Yarra Bend for some years prior to going to Ararat, where he conducted that large establishment for about five years. Excessive drink warf the cause of his act of self destruction. The first annual meeting of shareholders in the Kohinoor Company (Redman's), was held at Ross last Monday evening. The directors reported thai, although the development of the mine uad been much more expensive aud tedious than was anticipated, they had succeeded in overcoming all the difficulties, aud that the company had a- most complete and powerful plant. The water races were In good order, atid they have at all times an abundant supply of water ; and the wheels are quite equal to keeping the claim dry at all times. As to the claim itself, the directors congratulate the shareholders upon the very promising prospects that they have obtained in opening out the mine, and feel confident that the most sanguine expectations will be realised, as soon as the claim is opened up, and the full complement of bands employed. Mr M'Gaffin, the legal mana?er, entered at great length on events connected With' the mine, and concluded his report in these words: — " I will also take thisjopportunity of saying that the Bank of New Zealand

has actad throughout in a most liberal manner with the Company, and is entitled to the very best thanks of all shareholders. The balance (Sheet shows arrears of calls to the amount of £lio. However, I am happy to say since it was made out I have received £73 leaving a balance of ofily £87, which I think will compare favo^ly with any other Company ever stared in Westland." The working manager fully and, lucidly detailed the operations carried on to and to be performed. The reports were all adopted and the consideration of further business postponed for a week. Mr A- Ait&en, formerly of Westland, who for a long time has been resident Government Engineer at the Thames, arid under whose direction the large water supply has been brought in from Kauwaeranga, and Which is now Bear completion, received, says the Argus, an offer to supervise the Waimea Water Race, but declined, preferring to remain at the Thames and finish the important work in hand, previous to itß being handed over to the embryo County authorities, when probably Mr Aitken will become associated with that body. Councillor Isaacs, of Dunedin, writes bitterly to the Guardian, complaining that the reporter of the Daily Times had stated that he (Mr Isaacs) had on one occasion at a fneeting of the City Council " used bis coat sleeve as a handkerchief." The indignant Councillor says that the statement is a deliberate falsehood A Melbourne religious journal contains the following startling paragraph on modern ecclesiastical requirements: — " It rather jars on one 'B notion of the proprieties of the clerical oflice to read that some of the youngest ministers in England, in circuits where horseflesh is dear aud the distance J great, have taken refuge in bicycles , and career to their appointments balanced perilously and jauntily on the two wheels of that ingenious machine. And yet on consideration, a bicycle must be pronounced as intrinsically innoxious and respectable as a buggy; and the youthful divines who are taking io it may be congratulated oh their common sense and courage, if the innovation really economises time and Btrength. Some of the Methodist papers look favorably on the matter, and the Methodist even suggests, half humorously, that the training institutions for ministers should include lessons on bicycles in their curriculum. On the Tiuiaru show ground the following neat thing in bills of fare on the table of a first-claBS hotel was found : • " Soops : Jibblit, Mackarowuy ; Korned Beaf, Stued Heals, llhost Powk ; Ghosbury Pie, and Sellary." The schoolmaster is evidently abroad at Timaru. Our (New Zealaud Times) readers will doubtless remember that n month or so ago a quarter board with the word " Kebroyed " cut upon it was found ou the West Coast of the Middle Island. It was forwarded to the Customs, Wellington, and placed in a prominent position there, so that in time it might be recognised. By a late Melbourne Argus to hand, some considerable light is thrown upon this message from the sea. Prom that paper we learn that the Kebroyed, a barque of 363 tons, under the command of J. 11. Gibbon, arived at Melbourne on the 22nd October, from Singapore, after an extremely long passage of 82 days, which was caused to a great extent by having experienced a nearly two months' Bpeli of calm weather. From the report in the Argus we find that " she left Singapore on July 14th, and had a succession of light aira and calms to Aujer, which was passed on the 4th inst. Strong S.E. breezes then prevailed to long. 82deg E., where westerly winds were found in the parallel of 30deg. S. The barque after reaching lat. 42deg, came along in that parallel, and after passing Cape Leuwin the vessel's progress was delayed by easterly and N.E. winds, which lasted for eight days." From the foregoiag it will be seen that no real heavy weather was experienced, but there is a probability that the board became displaced from the vessel, and that it was set upon this coast by some strong currents. However, it is all mere presumption to say | whether the board referred to belongs to the vessel, but we hope that the marine Department here will communicate with the proper authorities in Melbourne without delay on the subject. Why Poison the sick with the liquors of commerce when a pure stimulant containing vegetable ugcuts, which endow it with extraordinary alterative aud strengthening properties, which never excites and invariably affords relief, is just as easily procured. If the pjttient is weak or nervous, his kidneys, stomach, or bowels out of order, let him have recourse to that safest, surest, and pleasantest of regulating tonics, Udolpho Wolfe's Schiedam Aromatic Schnapps. — Advt.