THE HOUSE

Dominion, Volume 8, Issue 2574, 23 September 1915, Page 7

THE HOUSE

The House of Representatives met. at 2.30 p.m. , HUTT ROAD BILL. LOCAL MEMBERS PROTEST. Tho Hon. W. H. HERRIES (Minister of Railways) 1 moved tho third reading of the Hutt Road Bill (No. 2).' Mr. R. A. WEIGHT (Wellington Suburbs) said, that he could not let tho third reading be carried without putting on record the reasons for the opposition to the measure. He again stated that the local bodies wero being called on for an amount much in excess of what was anticipated. Mr. C. A. WILKINSON (Egmont) said great generosity bad been shown to the districts concerned, and tbe representatives of those districts should be satisfied with what had been done, and tho members opposing the Bill were lucky that an amendment had not been proposed to increase the local bodies' contributions.

Dr. NEWMAN (Wellington East) said that the Minister, by a little kindly consideration, might have made '"a very nice little Bill." He might have taken another £10,000 off, and made the interest the same as before. Dr. Newman strongly urged the Minister to see if he could meet the local bodies, on account of the heavy military, traffic goiiig over the Hutt Road to Trentham, In conclusion he admitted that tho Bill was better than nothing.' Mr. W. H. FIELD (Otabi) protested against the demand made upon Makara County. - Reliance Upon the Impossible. . SIR JOSEPH WARD (Minister of Finance) said. he was sorry he felt it . necessary to say. a word abqut the Bill. Ho ' had thought a few years ago .that we had board tho last of the arguments about this Hutt Road. It seemed to him that tho argunients; had. all been based on a reliance upon the impossible. They asked for a road a hundred feet wide with a cycle track and a footpath', and now complained about tho oost. It was all very well for people to say that they were prepared to mind their own business, which, for them, meant carrying on with poor loads or without roads at all, but that was an old-fashioned, out-of-date point of view,! with which people in other parts of the country who readily imposed , upon themselves heavy burdens in order to build roads, aud who did so without complaints and without appeals to the Government), would have very little'sympathy.: The local bodips could not have built the road without tho aid of the Government, and if the road had not been built .traffic facilities between the city and the Hutt would havo been deplorable. For all the five years that the work was in progress tho people now complaining had allowed the work to go on without a word of protest. It was preposterous to say now that the local bodies expected the cost to be £25,000, or something of that sort. As a matter of fact, if the Rail-way-Department' had not troubled about the local bodies and their road, it could have laid tho track clear of tho road altogether, some of it by building up a track-bed in the sea, at a cost Very nruch. below what th© cost actually was. Then the local bodies would nevor have been able to build the road. He thought tho concession of £40,000 off the cost a most generous one, and he expressed disapproval of tho attempt being made by certain people "to make tho otnor fellow pay."

The Makara County case. ' t% e ; Hoa \ W - (Minister ot Railways) said that the injustice to bo done to Makara County was being put forward as a reason why- tho Bill should not pass. That argument could bo thrust aside "in ono act." Within tho boundaries of this county were 2i miles of the road; and if tho Bill had not been passed the Makara County would havo been bound by tho laws of tho land to maintain those 2f miles of road The assessment put upon thk country was much less than would havo been the cost of maintaining its o.wu scction of the road. Very careful, accounts had been kept of the cost of tho road and of tho railway. If the railway had not been budt a very expensive breastwork would have had to bo built to protect tho road. • No part of the cost of tho breastwork now prolwlim/ the road as well as the railway been charged to the rond, A'l«o if "S'Md. had been <10ft. wide instead of 80ft. tho railway could havo been laid nearer to . the cliff, with lean excavation, and at less cost No extra charge against the road uao '"® d .° tf'! s account. JJ O did not think the claim of tho local-bodies that tho country should ■ bear any greater part of the cost could lie sustained. 11, would- be unfair to saddlo tho goneral taxpayers with a burden to pay for a luxury to bo enjoyed b.y this district, especially as the rates levied by tho local authorities now were very' light -indeed. The Bill had been very carefully drafted in order to ensure that local bodies should bo compelled to pay their share—this for tho special benefit of Pet-one peoplo, who, he believed, ivero determined not to pay. He hoped now that the local bodies would settle down to pny_ their share of the cost. Tho Bill was read a third time on the voices and passed.

THE MORATORIUM. AN ..AMENDING BILL. The Mortgages Extension Amendment Bill (the Hon. A. L. Herdman) was committed. Mr. J. T. it. llornsby (Wairarapa) asked whether the amending Bill would nlfect mortgages entered into since tho passage of the original Act-, by parties who, it could be presumed, relied upoii the Act. _ . Tho Hon. D. Buddo (Kaiapoi) said ho feared that the amendments proposed were intended to whittle away.

the effect of the original Act, which, in his opinion, was a good one. Tho Hon. A. L. Hcrdnum said that a great deal of pressure had been brought upon t'lio Government to repeal tlio Act altogether, but he did not think that this was desirable. But it had conio to tlio knowledge of tlio Government that tliore wero mortgagors who had money wherowith to repay their principal, but who wero taking advantage of the Act. They wore refusing to ropay, and tliey were lending their money at high rates of interest. Tho amendments now proposed gavo tho Supremo Court power, on tho suit of the mortgage, to give the mortgagee authority 1o excrciso his power of sale, if in tho opinion of the Court tho mortgagor was ablo to pay, or if tlio mortgagor was wilfully failing to observe certain of the conditions in tho covenant of mortgage. Ho could not conceivo that tho Bill would do the slightest injustice to anybody. _ Mr. G. V. Pearco (Patea) said that it would bo necessary to extend the Bill for a considerable time after tho war if it was going to do any good to tho community. The Hon.- D. Buddo, (Kaiapoi) said that they should try and help the great majority, and not one or two.. Ho was quito willing to agree to clause where tlio mortgagoo could show to tlio Court that his financial position was going to bo affected ifthomortago was not paid up to date, but he pointed out that if "they wero going' to throw properties on the market because of a man's inability to meet .his mortgage they were going to do harm to tho Government through tho taxable valuo of tho land.

Mr. A. H. Hindmarsh (Wellington South) suggosted as an amendment that any application' beforo the Court should ho made in the district in which the mortgngo existed.

Advantage Taken of Law. The Hon. A. L. Herdman said that lio did not see that the mortgagor would bo seriously handicapped if ho had to send an affidavit to the place where the application originated. Ho again pointed out that injustice had been done under'tho Act of last session, and they desired to stop any advantage being taken of tho measure. Tlie Judge was put in the position of examining into tho whole position of each case, to make certain that no injustice was dono to anybody. Mr. J. Payne (Grey Lynn) said that the Bill was in tlie interests of a . very few people, and not in tho interests of tho small settler. •Mr. E. Newman (Rangitikoi) said tliat as a country member lie hoped the Bill would bo passed. Advantage had been takon of the Act. Mr. A. Harris (Waitemata) agreed that the Act was being abused, but suggested that a simple amendment to the main Act, allowing overdue mortgages to bo increased to tho current rate of interest, would meet the case. The Hon. A. L. Herdman said that the small man would bo protected, and by tho best possible protection—tho Supremo Court. He emphasised that as the law stood the Government had power to amend tho main Act in the way proposed, by passing 1 an Order-in-Council. He' thought it right, however, to bring in a Bill to allow the House to discuss the matter. If there was any objection 110 would withdraw the Bill. He honestly thought that advantages was being taken of the .Mortgages Extension Act, and they could meet the case by an Order-in-Council.

Mr. L. M. Isitt (Christchurch North) said there were other persons to bo considered besides tho money londing shark. There were sharks among borrowers of money; and he had sufficient confidence in the' Judges of the Supreme Court to trust them with tho powers which the Bill proposed to give them. Ho thought the Bill ought to he acceptby tho House. • The Hon.' D. Buddo. did not favour the Bill, but ho thought that the interest 011 overdue mortgages should be raised to the current rate. Dr. Thacker (Cliristchurch East) asked what would be the position of men who had gone to tho frpnt owing money under mortgages, and leaving no attorney to look after their affairs. He was strongly of opinion that these ' men should be exempt from the operation of the Bill. . The first clause of the Bill was agreed to at 9.30 p.m. by 54 votes to 4. The "Noes" were Messrs.. T.' A. H. Field, J. Payne, P. Webb, and J. M'Combs. There was considerable discussion 011 the wording of the new clauses, and tlie wording in certain cases was altered. An amendment was also included to allow applications to ho made to, and disposed of, by a Registrar in Chambers, as well as a Judge. The Bill was put through Committeo at .11.15, and reported with amendments.

No Possibility of Injustice. Or tiie motion for the third reading • Mr. J. M'COMBS (I&ttelfon) repeat ed some of the arguments ho had used a »Hlie Bill in Committee. . ' J + i, A ' k HERDMAN.-i defend™J e t ßill, said tliat under it no poasible injustice could be done. The Court would searchingly inquire into the position Of the mortgagor and of the mortpaKeo, and if tlio Coiirt found that any injustice was being done to the roortgageo, the mortgagee ivould be authorised to oxercise tlio'powors tho law allowed film, and 110 injustice would be dono to the mortgagor. One important feature of tho Bill was that dehmng the procedure in bringing applications before the Court, and it was important because it was highly desirable that applications should be brought berore the Court with reasonable speed, Jio. Process at-first proposed was by originating summons, but It was reprcsented to him that this was a cujnborsomo procedure. It was now proposed proceedings fcoiild ho instituted by simple application to tho Registrar of the Supremo Court. Several cases . '' ar dsliip brought under the notice fcho Government had shown tho urgent need or some such measure as tho present Bill. , Iho Bill was read a third time and passod,

local railways. Tho Jxical Itaihva.y S Amendment Bill } V - leaser) was committed, reported without amendments, read a third time, and passed. IMPORTED ECCS. Tim Hon W. D; S. MACDONALD (ivJiJikitcr of Agriculture) moved the Bticoiul reading of tlie Salo of i'ood and Drugs Amendment Dill. He said that the effcct ol : the JSill would bo to render obligatory the stamping of all imported eggs witli, tho name of tlio country of origin. This Bill liad been promised to poultry-farmers carlior in tlio session, becauso they suffered hardship by the competition of imported with New Zealand fresh eggs. J'lio Bill was put through all stages and passed. SOLDIERS' M ARRI ACES. The Hon. G. AV. ItUSSEI.L (Minister of Internal Affairs) moved tho second reading of the Marriage Act Amendment Bill, which lie said was an important Departmental measure. The most, important clause was one making it possible for members of the Expeditionary Force to get married dftor giving short notice to their betrothed, and without fulfilling the requirements of the present law with regard to residence. , The Bill was read a second time, In Committee, Mr. C. A. Wilkinson asked the Minister whether it would not be possible to have tho old-time rule about 'tosidenoq set aside with regard to other inwx'ines, He said that provision

in the law was vexatious and'had outlived its usefulness. The Hon. G. W. Russell said ho could give no assurance that any such amendment would be accepted. . He was of opinion that anything in. the nature of Gretna Green marriages in this country should be discouraged. The residence provision was not without its usefulness. Tim Bill was reported without amendments, read a third time, and phased. The House rose at 11.63 p.m.