The Evening Star. THURSDAY, JULY 14, 1870.

Auckland Star, Volume I, Issue 160, 14 July 1870, Page 2

The Evening Star. THURSDAY, JULY 14, 1870.

Among *Whe rejidMnertdalions of the Auckland ; Ghambei ■ of Commerce for the amendment ;6i the Bankruptcy Act is ■ th^ : following :— (i 9. That 'c voluntary' vpost-nuf>tial . settlements " executed within two years prior to " bankruptcy, be void as against ere- " dittjrs ; and, if executed-ivithin five / years prior to the bankruptcy, be " also void, unless-the claimants under CJ them can show that tho bankrupt was " solvent at the time of execution." Everyone knows that next to bills of sale, family settlements are tho most usual and ready ..means of evading creditors; and the frequency with which a debtor from a comfortable, wellfarnished home, laughs at his excited creditors is sufficient to exasperate them, and, under that feeling of vexation, to seek a remedy against its recurrence. But it should.not prompt to the attempting of impossibilities, or to commit a piece of legislation contrary to justice and common sense, and which would simply defeat itself. To the" latter portion of the suggestion —that relative to the state of solvency when executing a deed of settlement there can be, barring the length of period included, no objection, for it is simply just. More than this, it should embrace both ante-nuptial and

post-nuptial settlements ; and we are aware of a case in a neighbouring colony where one of the cleverest pieces of unmitigated roguery was perfectly effectual, in which a trader being in difficulties settled several blocks of fine buildings on a lady, and within a few days thereafter, sought the protection of the Insolvent t/ourt, and since lives in luxury on the fortune, which his wife thus brought to him. But that a man in perfectly solvent circumstances should be precluded from doing what he wills with his own. can only be a suggestion emanating from disappointment and vexation. It is t|uite possible that a man may not be in trade at all, and having a surplus of wealth, and feeling that he is not warranted in imperiling the future of those that are dearer tb him than his own soul, sets apart a portion, of that wealth for a specific purpose, namely, a provision for his wife and children. With the remainder of his money he enters into trade, incurs liabilities and meets with disaster. Are we to suppose that the voice of justice—and law should be justice— demands, that the provision which had never entered into hi 3 trade calcula tions should be wrested from his wife and children' and scattered among a lot of prowling harpies who had been expecting " shent per sheut" from his trading speculations. Be it two years or fifty years before his insolvency, a solvent man has the rightbefore G-od and man to do with his own, whatever is most pleasing to his own sweet will; and neither justice nor honour, nor common sense, demands a review of his conduct. A solvent man may take his gold and fling it into the sea, or make ducks and drakes with it in any manner he chooses ; and legislation, which, is but the practical application of the principles of justice, durst not interfere—either tfp|ospectively or retrospectively—so long as he does not apply it to another's injury. And so deeply rooted in the human mind is this sense of right, that our Chamber of Commerce may rest assured, if their suggestion as to postnuptial settlements were enacted, the most conscientious and honourable, not to say the knaves, would feel justified in evading the law by making away with their property in any one of fifty .possible .ways, while it was their own. Legislation must be based ton justice, and find an echo in our instincts of right, or it will fail; and it must, be moulded, not for Utopian theories, but practical results. And we can assure the Chamber of Commerce that' there are more things in heaven and earth than seem dreamt of jin their philosophy.

I Me. Connor Roach deserved a better jhouse than was given him last night at (the Prince of Wales Theatre, on the oc'cnsion of his benefit; "The Irish Emigrant": was produced, in which tlie benefitiape played the; emigrant with excellent throughout the piece, ho was loudly arid justly applauded. We hope he will :not be a stranger to the Prince of Wales, for whatever he has under taken to do has [been done well. During the interval, Mr. Roach recited very nicely, •" Shamus O'Brien, a tale of the Irish Rebellion," and its close was honored with* a, call. The whole concluded with the successful little comedy of •• My Daughter's Debut," iv which Mrs. Hill, Messrs. Musjjrave and O'Brien are excellent. To-night the great Stephenson, Prestidigitator, Wizard* and.. Necromancer, is announced to mystify, astonish, and delight.

O^'lng to the non-arrival' of part of the Star Dramatic Company from the Thames, lasb evening, the anuoimced performance did npt take place at the Theatrej^toynl, buj will positively come off thiaweßlnff. vmen "The Love Chase" and " iffcs^n tMDam" will be played. In the formef; piece Miss Gouglicnlaeitn is really .excellent, "her impersonation of Oonstaujre,'obtaining for her most favourable criticisms in the London press, hope to see the Theatre ,lioyiil crowcle.l ;tO-Brght. /' . *'-"» "'"''. |

.As, tiill be seen from another column, an entertainment of a miscellaneous character will be given to-nig'ut at the City Hall ia aid of the: 7 funds of AIL Saints' Church. Whatever else may be said against the people of Auckland, not even Wellington would presume to say that we do not love entertainment, and liberally support it. The object of tc-night's entertainment is sacred, and will appeal even to beltci 1 feelings than a proneness to be entertained. At the same time the character of the performance and of the performers is such, that, we believe, the most fastidious in this city —the hotbed of entertainment—will have a very delightful evening. For tho sake of tlie cause, we siacercly hope for an overflowing success.

Ax ugly accident occurred in Hobson'streot yesterday morning. A horse, in a spring cart, trotted up tho street, and smashed tho trap, throwing out the inmates—a man and a woman—who were severely bruised. Dr. Kenderdino happened to be on the spot' at the time and afforded advice and assistance.

William Johns, of Pokeno, Waikato, has transferred his-estate to Messrs. John Buchanan and William Bell for the benefit of his creditors. Thomas MacfFarlane has become trustee in the estate of Thomas Sydney Coppock. 'William Smith intends to apply to pass his last examination on the 11th of August. Claims against the estate of Henry Lewis must be sent in to tho trustees on or before the 25th inst., or they will not be recognised.

Essay AXpDrsrrssioff Class. V.M.C.A. —The above class meets this evening, at the Itooms. Wellesley-street, at 7.30, when a debate will take place on the following question — : " Ts. it desirable to increase the existing Colonial" debt, in order to promote "Colonisation, Ac. ?"

Tenders ara required by the Provincial Government, from, persons -willing to occupy tho island of Motu Ihi.

American papers state that the barque Maria J. Smith, abandoned on the Pacific coast, has been found by the Indians, safe and sound, near "Bella Bella, almost 500 miles from the point where she was deserted. It seems strange that the little ship should make this long voyage alone " threading her 'way." As the 'Victoria Colonist says, "without aid of helmsman or compass, through intricate channels and dangerous tiderips, to her harbour of refuge.1' What makes it stranger still is that this is the second time she has been abandoned, and the second time she has saved herself. Sailors prophesy tliat she will never go to Davy Jones's locker. Meetings arc advertised to be held in the following gold mining companies! — Diggers' Friend, Sea Lion, and, Moanatairi. Calls have been made as under:— United Service, Gd. per scrip; City of Glasgow, Is. 6d. per scrip.

A somewhat novd operation ia finance has been performed by Mf. William Helton. Daniell, a gentleman lately connected with the Oriental Bunk. An acquaintance, one Hebert, a vigneron, having consulted him as to what interest the Bank would allow upon " a big sum, say £1000," Daniell replied 5J pur cent. Upon this Hebert rejoined that he could get sis per centt from another sourde, and lie refused to deposit his money for less. So anxious was Mr. Daniell to transact business that he at once not only consented to allow the proposed interest—far in advance of what, the Bank itself would concede —but was also'good enough'to take the principal into his own custody. Somehow or other, the transaction transpired simultaneously with the discovery' that Daniell hind taken his passage under an assumed name in a vessel bound from Sydney to California. Instead of being full of regret for the loss of an official so considerate, the Bank authorities in- ' instructed the polico to arrest him on a charge of having embezzledthe£looo; and arrested he accordingly was, on the eve of setting out upon his travels. For consummate coolness Mr. Daniell alono can be his own parallel. When arrested, he quietly corrected one of the detectives as to the amount of the 'money he had— taken care of; and after some little demur he handed qvei; £930 observing that; he Had 'spent the' rest. It is certainly pleasant to have recoverod so much of the cash, although, as the manager blandly observed in the Police Court, the directors would have recouped M. Hebort under any circumstances. But how about punishing, 'since they are not inclined to ireward, the peculiar financial smartness of their late officer ? It was proved for the prosecution that the £1000 was never iin the possession of the Bank, so that JDaniell couldn't have embezzled it—yet it is ou the charge of having embezzled the Bank's money he has been committed for trial. The bank prosecution is certain to fail, and Hebert, having got his money, will probably decline' to prosecute, so that Daniell has not at all a bad chance of getting off. A' very clever financier, decidedly.l A Daniell come to judgement, in fact. — Melbourne Leader,

Thebe was a meeting of Mr. W. McGregor Hay's creditors yesterday, at his offices, Queen-street; His liabilities exceed his assets to the amount of £2500. Mr. W. Hay, purposes to pay 2s. 6(3. in pound, but stated at the meeting that he would ever consider it his bounden duty to pay the whole ( amount as sooa as he Could. '~, .

There is no appearance of the "Wonga Wonga with the (Jaliforniari mail;- as we go to;|press. She \vjll no doubt put in an appearance early, f;