THE Cromwell Argus. WEDNESDAY, FEBRUARY 23, 1870.

Cromwell Argus, Volume I, Issue 15, 23 February 1870, Page 4

THE Cromwell Argus. WEDNESDAY, FEBRUARY 23, 1870.

Two enactments, we might almost truly say, create more ill fooling and lead to more misunderstanding than all the other legislative measures of the Colony combined together. We allude to the Stamp and Bankruptcy Acts. Both of them are obnoxious, and both to a great extent are so from a difficulty in understanding their complex details and machinery. The general public cannot master thorn, and they become cautious and timid. In too many instances they operate as a chock upon transactions and business relations of any involved or extended nature. As at present understood, our New Zealand Bankruptcy Law is a perfect terror to the honest trader, and a veritable haven to him who seeks its shelter. The man who swindles and dupes his creditor has—if he has sufficient means to employ a lawyer—the ball at his own foot. He can laugh, and crow, and be merry at the expense of those whom he has wronged. He emerges from a visit or two to the Court—at which even his attendance is often dispensed with—whitewashed, and with a certificate called a “ final order.” This protects the bankrupt, and he at once enters into business again. He may, if he pay those he has fleeced ten shillings in the pound, obtain a final discharge ; but as this seems to be valued very little, it is of course not much sought after. What is required is a mere public notice of meetings of creditors. In a great many cases these are held and oyer before the aggrieved creditors ever learn that they have been advertised. Indeed, the great object is to keep these meetings unknown until the la: t possible moment, and too often—we might say, as a rule—their end is attained. While the law affords every facility to the debtor to declare himself a bankrupt, it withholds from the creditor the information of the cii'curastance, unless he gleans it through distant sections of the public press. Formerly, before the law was altered, notices of meetings, Ac., had to be sent to every creditor. A facility has been given, in the administration of the Act, which is a benefit to the creditor —-namely, the bringing of the Insolvency Courts into the country districts ; but the want of knowledge and information regarding the meetings of these Courts deprives the Act of the beneficial and remedial means sought to be given creditors. In fact, the object of the Act is defeated ; and we urge, in the interests of tradesmen on the Gold-fields and elsewhere, that a little more notice may bo given of meetings for proof of debts and hearings. The judge of the Court has power given him to name the piper in which bankruptcy notices shall appear. At present these are, we believe, limited to the Dunedin Times and the Provincial Gazette. It is advisable, as fur as up-country insolvencies are concerned, to extend this list, and publish notices in the local paper nearest to the bankrupt’s residence or late place of business. Another anomaly the law presents is, that though the Act very strictly defines many grounds upon which a final order may be refused, and those upon which the bankrupt may bo prosecuted for fraudulent insolvency, it throws the whole duty of so proceeding against the bankrupt upon the creditor or creditors opposing. The provisional trustee acts only, apparently, as a gleaner, and takes what falls to him. What j he does with the receipts, Mr Accountant I Brodie can best testify. Very few credi-1 tors ever hear anything of them in upcountry insolvencies. One would have thought it would bo part of the duty of the provisional trustee to have sifted out the estate and conduct of the bankrupt, seeing that he is paid by fees for performing his duty on behalf of the creditors. Under all circumstances, the law, as it is at present administered, is clearly in favour of the bankrupt, who can, if he thinks fit, mock his creditors. If the Act is stringently administered, it is capable of being made a tei ror to evil-doers, many of whom are seeking the mild regiv is of this Court for fraudulent purposes. All men will sympathise with the honest debtor whom misfortune overtakes, and so strongly is this sympathy displayed that few of this class have to seek the protection of the Court. It is those whose proceedings are doubtful—whose'transactions are not generally viewed with favour—who desire to make something out of the affair—that seek the whitewashing operation of the Court. These are the class who file a declaration of bankruptcy as a mere everyday affair, and feel quite hurt if examined at any length touching their dealings. It is this class that, we are afraid, benefit so much by this Act; and it is their example that is paralysing trade, and causing even the honest dealer to become an object of doubt and suspicion. Wo have not attempted to colour the picture, or to put into forcible language the anathemas wo hear so often launched against the Act. A little wholesome severity, we think, would tend to clear the atmosphere of the Courts, and create greater confidence amongst the public in the administration 1 rf law b.n’-puv*'.*.

Our Queenstown readers will learn will sincere regret that their late fellow-townsman Mr David Weaver, died at his residence, Mel more-street, yesterday afternoon, at four o'clock fn accordance with a wish expressed by M Weaver shortly before his death, his body wii be conveyed to Queenstown for interment then The newa from the Aurora Company . claim continues to be satisfactory in the highly degree. The first crushing (of about fifty tom was retorted on Wednesday last, and the resul was HOozs, of gold, or an average of 2oz. IGdwti to the ton. The fifty tons of stone which hav yielded the above-named amount may be n garded as a fair average of the reef throughou the claim, as the material put through was oo’ looted from various pans of the ground, and it eluded a considerable quantity of inferior stem as well as some of the richest. The accident t the machinery, reported in our last issue, hf since been remedied, some necessary repairs t the fluming of the head-race have been effected and crushing operations are again going o vigorously. The additional five head of stamper are in course of erection, and will be ready ft work in a very short time. ‘ 525 ounces of gold were conveyed t Clyde on Saturday last as Cromwell’s portion < the usual fortnightly Escort. On Sunday morning last, the Rev. M Coffey, Church of England minister at Quceni town, preached in the Cromwe 1 ! School-housi The attendance was large, and the rev. genth man’s sermon eloquent and impressive. M Coffey preached at Clyde in the evening, whei the congregation was also a numerous one. As will be seen by our report of th proceedings in the Warden's Court on Wednea day last, Colclough and party’s application for prospecting claim at Bendigo Gully has bee granted. A meeting of the Athenaeum Hall Com mittee was held in the Council Chamber las Wednesday evening, there being present Messr Baird (in the chair), Preshaw, Whetter, Fraer Wright, and Fenwick (Sec.) The meeting wa called in consequence of a lengthy conversatio: as to its origin and objects which had takei place at a meeting of tho Public Library Coni mittee held about a week previously. It havinj been publicly stated that the Committee wa formed in opposition to the Library Committee the members present distinctly denied that sucl was the case —tho only object the gentlemei who first formed the Committee had in viev being the erection of a hall where public meet ings, concerts, and other entertainments couli be bold. Ultimately the following resolutioi was proposed, seconded, and agreed to : —“ Tha this Committee does not take any further step in the matter of procuring funds for the erectioi of an A thenamin Hall ; but as the Library Com mittee have taken the matter in hand, this Com mittee remains in abeyance till it is seen whethe the above Committee intends to proceed witl such building. ” —Tho Committee then adjourned. Tho JDunstan races take place on th( course, near Clyde, to-monow and the fol lowing day (Friday, 25th inst.). The stable attached to tho various hotels in both Clyde am Alexandra have for the past week been prettj well filled with the horses which are to contes the various events ; and “ horsey” men, ii short-tailed coats and “tights,” have been th< most prominent objects in the streets of botl townships during the same period. The meat ing of 1870 promises to be as successful as tho® which have preceded it, and if the weather t fine a large attendance is anticipated. Sly-grog-selling by the Chinese at th Nevis has long been complained of by those wb pay an annual license to the Government fo their hotels, and it is with considerable satis faction, therefore, they will learn that Sergeant Cassells has taken out summonses for tho appear ance of two celestial spirit-dealers, who hav been violating the law by disposing of thei tempting fluids to brother celestials withou being duly licensed in that behalf. We under stand that tho cases come on for hearing at th next sitting of the Resident Magistrate’s Court Parties who are in the habit of travellius on the road between Clyde and Alexandra wil remember a race which crosses it at a short tanco from the latter township. This race hein rather wide and deep, the usual make-shii bridge, composed of sticks and mud, has bee placed across it, and in this crossing-place a exceedingly dangerous hole exists, which it: highly desirable should he at once seen to. is quite large enough to admit of a horse’s l«gj| ( going clown, and it is more than probable during the ensuing few days, when the traffic tßjfe tho Dunstan races will be very great, sonflß serious accident will occur if the bole is not fiflepi? up. In the meantime we feel it our duty WS caution equestrians to be careful when crossin|||ii this spot, jUg From the Nevis we learn that a partMl of Chinaman have for some time been turning the river, at a point about two milflfißj from tho township. Taking advantage of a amffl gully near the point we have mentioned, th«M are constructing a channel into which the strea|||| will bo diverted, and when finished, aboufeßE quarter of a mile in length of the bed of tS. 1)1 stream will be loft dry for working. A substafe" tial, thick wall has been built, which forms tljj|| portion of the channel nature left for man ■SI] form. The party, numbering about a dozen, baiß ( been engaged at tho work for about six weeM-1 | and anticipate that it will yet take them thrf|j 1 months to finish it. It is tho general opinifflt

“ Tho examination of competitors for the three scholarships in connection with the High, School took place (says the Datty Time s) in the Provincial Council Chamber, Djmadin, pli Wednesday, Thursday, and Friday hist. The scholarships were open to all boys who have attended tho public school* of the Province during the past year ; two of the scholarships being rescreed for lads under fourteen years of ago from the LHatricC ,’. JSoola, au l one for boys under thirteen from tho High School. They are tenable for five years, during which time each holder will obtain a free education at the High School, together with free beard and lodging, or £3O in lieu thereof.” The names of twenty-four pupils were sent in as candidates, and we learn, from a private source, that a boy frem Arrowtown, named Charles Low, was one of the successful eompetijtors from tho District Schools. Ho has been for several years a pupil at tho Arrow school, and has latterly made very gratifying progress under the tuition of the Hev. Mr M‘Hutcheson, the teacher.