ORIENTAL BAY.

Dominion, Volume 3, Issue 761, 9 March 1910, Page 8

ORIENTAL BAY.

FITZGERALD'S POINT"IMPROVE- ':■■ ; MENT. ..'.■ :■ •'.''. : ' For'driving, motoring, cycling, or.even walking, Fitzgerald's Point—the': turn, from Clyde Quay into Oriental Bay—has been <regarded as dangerous.• for some years. Formerly, when the road'was of one '.width-right"round "the Rocks," there was not much risk, but the'council, very wisely, took in hand the work .of improving Wellington's very fine, marine, parade, and made what is..really a capital road as far as the municipal.baths.. There the work ended abruptly, and the road narrowed siiddenlv to. half'. its width, about 30 or -10 vards"from the Point. Thus the outer hal'f of Clyde Quay terminated into an ugly ten feet drop on, to 'a stony beach. There have been minor accidents at the spot, and it is good.fortune alone that has prevented more,serious mishaps. It is interesting to note that the City Council■ is paying attention to ithe:improvement of the corner, the .dangers of which have' been . referred :, to on .more than one occasion..-in these, columns. Another section of the scheme for. the improvement of Clyde Quay and. Oriental Bay takes in the Point. A stout concrete wall is now being erected from the outel line of the footpath at the baths, round the Point, to connect with the low wall at Oriental Bay. This sea-wall will take in that group of rocks which' have lent a rather picturesque appearance to the spot,'and the spate between the-wall.and the present road-lirie will be filled in to provide for a road 80ft. wide at the Point, which will provide ample space for the continuation of the wide footpath and cycle' track that at traverses Clyde Quay. The wall is to be carried np flush with the road, and surmounted with an iron railing. ~' > Later on, it is hoped to continue the improvement of the harbour front at Oriental Bay, which still lacks the finish that should mark the foreshore of Wellington's nrettiest harbonr-side suburb. One idea is to run a vertical wall in a sweeping curve right round the Thomas's Point on the eastern extremity, or even further round to Point Jerningham, with steps leading down to the beach at convenient intervals, after the manner of the sea-wall at Farm Cove, Sydney. Another notion is to have a wall pitched at such an angle that people, and in particular children, can scramble down to. the water at any spot. The expert idea favours the vertical wall as the cleanest, safest, and most attractive. At present there, is four or five teet of water'against, the. too-wall at high tide in'certain parts, and if steps, were erected a boat could come, alongside and embark or disembark passengers, and other steps could be placod where they would lead to sandy stretches of beach or shallow water suitable : as paddlinggrouuds for the children. . .

■ ♦- AN ARCHITECT'S AFFAIRS. SOLICITOR AND ASSIGNEE. UNUSUAL MOTION PASSED. Lively interludes.marked the adjourned meeting of creditors in the estate of Holland Andrews, architect, Wellington, which was held yesterday. Mr. A. Simpson (Official Assignee) presided and about twenty creditors wore represented. Mr. Neave appeared on.behalf of the debtor, whilst Mr. M'Grath represented Mr. J. Moffatt the largest creditor.

The Assignee' pointed out that the previous meeting was-..adjourned in order that a. full statement as to debtor's affairs .might be obtained. This statement showed that when debtor began business in' August 15)07 he owed, ,£474,- including interest on a property at Oriental Bay. .£62, and interest on mortgage ,£l4B. Since he had been in business debtor had received .£948 in fees, .£174 in loans, and as salary from February- to September 1307, .£120.. His.expenditure during that period had included: -Advertising, - .£56, interest .£67, legal expenses .£4B, insurance .£27, office rent ,£92; repayment on loan .£O7, sundry expenses. ,£69, unexplained expenditure ,£134,' drawings .£598. It would be found- that'debtor had had for his own use ,£ 1200 during the three.vears in which he was in" business, whilst he had. reduced his .-previous liabilities by only ,£30.; i Mr. Neave: But there was .£97, repayment on loan. The Official Assignee: Well, say £120. Mr. -M'Grath: What are his total' liabilities now ? ■ ,; The Assignee: i! 522.' "■ Mr. M'Grath: Well then he has really gone-back. .■" " i Replying to Mr. M'Grath the Assignee stated that debtor kept only an ordinary journal in which he entered his receipts and expenditure, and he paid, all moneys through the bank. When he found that ho would- have to come into the Bankr ruptcy Court he got Mr. Clark to make up. a set of "books for him. '.'-Soma discussion- then took, place with regard to the value. of a. property .at Oriental Bay,: the equity \ of which was held by debtor. The Assignee-remarked that he estimated the,bouse, property to be worth -£1550, .'but he did. not. think a vacant section would bring.above the, mortgage; 'Mr. Hill, on the othef.hand, declared that the' whole' property, was not worth anything like'the amount, es.timated.by the Assignee. It-was matical,- he - said, whether the mortgagees v.-ou.l(l get their money out of it. :. . '

What Are ; We Here For? Subsequently. Mr. Hill stated that he had known debtor for many years and it would he thought be. a difficult matter to' find a ' man who iworked harder. Debtor-had done ' business all oyer the Wairarapa. which occasioned him to be frequently away, from home. ' In addition there had been a lot of "sickness in his family. The Assignee: We,must go.by the actual figures. He has'evidently been spend--ing money extravagantly. Why, he handled .£l2oo'.in three years! Mr. Hill: Noj';£94B. . . ' ' .••"• Th Official Assignee: No, there are' other sumsto be added. ' . : Mr. ; Hill: I,am.only putting-the matter ,as ; liknow -it ■;•: "-'. v - The-Assignee: iWe must' stick' to .'the true position as,is disclosed by the statement. . - Mr.. M'Grath: : If Mr..'Hill's.. account, were/for -.£IBB, instead'.of,-for-somewhere about 18s:,' he would' have -.a/different tale to tell.'. . ~ ..

Mi\ Hill :"If you knew him as I do you would like to say whal; you know!, ; The Official Assignee: .This'discussion. can't go on. ■ ' ;: . '' Several, creditors: ■ What are we here for, then?; ' Ihe Assignee: This discussion"'is ibut-' side my work. •-■' ' '. '•" '"", - . Mr. Davis: Some of us may be small-creditors,,-bnt,;.thei debts mean perhaps more. : to us 'than the, amounts owing' to : the. larger creditors. *\ . ..,, ;. Warm Exchanges. : .:.- .'■•••. Mr. Neave; on behalf of . Jebtor, ;.then 'said that he had a duty to perform on behalf of his client. •; Debtor was not represented at the previous meeting, and it would, appear that he bed suffered as few had suffered owing to lemarks made by ■ the Assignee-;—- . - T ~ The Assignee: I am. quite' prepared to confirm .them. , i Mr., Neave :■ Well, if y«u are, you will have to'show that debtir',was- as you stated,' "a prey ou the ciramuhity," thai "his bankruptcy was a disgraceful one"— The Assignee: I will' nit 'sit here and. let-you.talk'.to me like tlat- — '. - :Mr. Neave: 1 am-entiiled to protect my,client, and the creditois have a. right' to say ■■ whether they agre<\with you or not. (Hear, hear.) ■ Debto: owed ' £ili iwhen he went into business, and he has only, gone back to the extern of M 7. The Assignee: He has handled a large' sum-pf money, and he ought'to have kept his expenditure within feat'."' amount, which Tie didn't. It is all.very well for you to speak about.'sickness, bui there is a -fair amount in this ; statement < for. doctors' fees which have nevir been paid.'

."More Terrors Than a Gaol." ' Mr.' Neave:'The exact nutter.; which brought debtor here was that Mr.. Moffatt got a judgment against hin . fori .£IBO odd. Moffat then requested debtor to transfer.the equity of redemption,in his property to. satisfy hini. and.iini alone. Debtor. consulted .Mr. Clark,' who informed him that if he did thit it might temporarily relieve-him.But. i would ba a preference,, and he could rot honour-, ably.and bonestly-do that. .lebtor-then took the-only other course opei to,'him— viz:,' to file his .schedule. Hiving done so in the interests of .his .creditors, he is reviled in the terms to which'..l have alluded. If'that'kind'.of'.treatment coutinues to be meted out to banlrupts, the. Official Assignee's Office will inspire more ..terrors than 'His Majesty's; goal.. ■'■■;

■ The Assignee: The statement' were not made until we got-tired.of listening to the debtor. He would not answer, questions in a straightforward mainer—that is to put the-.matter 'clearly.';, Mr v Mack: It was clear- that debtor did not understand his position! We felt for him. (Hear, hears.) 'i Mr. Neave: Debtor may or miy not be a competent business man. -It is a misconception of the', law, I- hole, that a man in his position should be required to keep books like a big tradtr . The Assignee: The' law hakes' no distinction. -'•''' . ' ! Mr. Neave: Until he was ppved' dishonest no such statements ough: to.have been made.; If the-Official Assirnee considers that a debtor has beenjuilty of misconduct, his duty is -to coisult the Crown Solicitor and act upon hs advice. No comment should be made in no -mean-' • time. ■'■'.■'■ i Debtor Interrogated, i Replying to questions , put , by ; the Assignee, debtor stated prior t> : starting in business he received .£2O \ month for two years, and .£3 per, wee! during the preceding three-years. :,•- Mr. M'Grath: Where is your, blnk-book for the : period from February to September, 1007?— Debtor: "I had ro banking account' then." , I Is it not a fact. that, both pior and subsequent to your bankruptcy lir. Moffatt. invited you to go bankrupt ?-j-'Tes." Did' you ' hot tell him that you had only' one other creditor ?—"No; ;I said I had plenty of them." ' ' i Ton would . not satisfy Mr. '.Aoffntt's judgment, nor would you go banK-upt?—' "I did not want to 'go bankrupt.-' But when he took out a distras warrant, you filed your schedule?—Tcs, I wanted to save my other creditors." . : . Mr.' M'Grath interjected that debtor had stated that he had only'one.creditor,. besides Mr. Moffatt. It was the! suggested to him that he should, rive a second mortgage to cover the am'oint of Ur. Moffntfs judgment. Debtor agreed to do so, but he afterwards returntl and said that it was not convenient, as he had promised to give one to'somconi else. He (Mr. M'Grath) did not think that there was any equity in the property. The Assignee at this ' stage said that that point could be-tested if the ;m'irtgagee would put the property up for ale. Mr. Mack moved that the bankiupt's wife he allowed the furniture. He fated that he. knew that debtor was in hi! present position through fault 'o; his own. Debtor neither gambled nor dr|iik— The Assignee; No: allusion was nade to drinkinr.'or' gambling,, .. j , ■

Mr. :Mack: I am not saying that jou did. '■■■•; The motion' was agreed to without dissent. "A Certificate of Character." . Mr. Davis'then proposed the following resolution;— ■ "That the estate be realised as soon as possible,, and that this' meeting : believes .dial'bankrupt's conduct in his business transactions has been honest throughout... and therefore recommends his discharge." ... Mr. Hill '.briefly seconded the motion! The Assignee.remarked that he was.not in favour of the resolution,' but he would put it if 'it'were' so desired. When debtor's statement came before him-.he had looked through his books, which.be saw had been made up within the past few days. Then, when debtor came before him, he got .'very, little satisfaction from 'him". He considered,'thai debtor's conduct had not been straightforward and honest, on his own showing. .It. was all very. we 'l fP r Mr. Neave to make a speech on behalf,of debtor, but'that was 1 what he. was paid to do.. As every-me knew, it was the duty of a solicitor to make his client's case appear to be as favourable as possible.. Seeing that debtor- had for'a- number of going back, and had never troubled to moke out a statement to see his real position, he , considered .even now • that he had acted dishonestly . Mr. .Neave: That is an extraordinary statement, in view of the investigation that has taken .place. The Assignee: Debtor has not explainsd what he .has-done with' .£l3oe recei-f.d, and his. income did not warrant him living at the fate which lie did. ', Mr.. M'Grath. said that, there was one outstanding fact, and that was thcit'tl'ice years ago. he owed Mli, wnjjst'.to-iiay his liabilities .totalled .£522. - Probably owing to : muddling, " debtor never knew his exact position. Mr. Le Grove,'remarked that the Assignee could not have" any interest; one way or the'other... He could not see that creditors should* give, debtor, a! certificate of good character, for getting into trouble. ' It', might" be'that some, were'moved to, take up' the. attitude out of. sympathy arising'-from'the';'fact'-that they!did not know when they, might find themselves in a, similar.-p.osition. ("No,, no.") The meeting ..would be going; beyond its! province if. it. did hot limit the.resolution to a recommendation that.debtor be granted' his discharge. To.; go. further. was: pracr tically..to:say.that tbe.. man had done.an honourable thing; in not meeting ■'his engagements. .That would be a perfectly wrong thing,.to.do. ■.•'.. * -,- i'..C6mplitm.itii.ng ;trie Assignee. Mr. Hill, said that the-thanks'of the creditors were dne to the Assignee.for the- ■ careful way in which be had gone into the accounts. "In that respect the city had on..official...who''did bis.;work\ very-thor-oughly. The Assignee pointed out that tbe resolution would not prevent bim going further if he found-that the debtor's position was not as wag at present thought. In. response to a request from a couple of' creditors that the - resolution should be amended,-Mr.'Davis said'be could.nbt see Kis-way. to do■ so. He could.assure the Assignee that the resolution was hot a reflection on him/ The Assignee said thatchings in/the' building .trade, had been in- ; a bad way for" 18 months, and were not likely to improve .for some time. Debtor would have' his work-cut out to make.'a living-.during the' ! next few months.''He could not ask' that' the resolution '• should.'•':be amended; be could only tbTow out .a suggestion. Mr.;Davis.said that if debtor had understood the Official. Assignee's questions there would' nave ' been no .friction Muddling, was probably at the bottom of. , The. Assignee:"Now,'"there you have just "hit the.right'wbrd. :. .''.".'".'. ; ,;. The .'resolution' was' then -'adopted without: amendment, no votes being cast against it; ',' '■■■'•