THE The Grey River Argus. PUBLISHED DAILY. TUESDAY, AUGUST 20, 1872.

Grey River Argus, Volume XII, Issue 1266, 20 August 1872, Page 2

THE The Grey River Argus. PUBLISHED DAILY. TUESDAY, AUGUST 20, 1872.

Whatever grounds there may have been in the past for public complaint against the administration of the Bankruptcy Law in the District Courts of Westland, it will be generally admitted that by the present occupant of the Bench, and by his immediate predecessor, effect has been given to the law in a manner which has been highly satisfactory, and which has conduced much to security and certainty in commercial transactions. While there is this public satisfaction with the administration of the law, there is, however, constant condemnation of the law itself as an elaborate, embarrassing, and inefficient piece of legislation for which some more easily operative Act should as soon as possible be substituted; and this condemnation emanates from no particular section of the community, but equally from the Bench, the Bar, creditors, and debtors. In deference to these complaints, and to the urgent necessity for an amendment in the legislation, an attempt was made last year to improve the Act relating to insolvency, but, with many other good intentions of the Legislature, the measure was included in the " massacre of innocents" with which the sessiort-elqaed. This year another attempt to amend the law is being made, the Legislative Council being again the body by whom the change is initiated, and Mr John Hall being the gentleman who is entrusted with its introduction and advancement through its various stages in the Upper House. We are not aware that as yet any copies of the Bill have been received in this part of the Colony, but in a Nelson contemporary we find the Bill reprinted, and, interesting as the subject is to a community such as that of the West Coast, where speculation is rife, and the creditor's security comparatively slight, we imagine that a summary of the measure will be as readily appreciated by our readers as any record of the political movements which are at the present moment engrossing greater attention at the seat, of legislation. The new Bill is not apparently remarkable by its brevity, for it consists of 13 parts, representing a total of 106 separate clauses. The preliminary part provides that the Act shall take effect from and after the 30th November, 1872, but it will not be operative on any bankruptcies initiated under the existing Acts. All former Bankruptcy Acts are repealed. The second part, among other things, arranges for the constitution of Commissioners'districts, Courts for such districts, and the appointment of Commissioners and officers. # . The Governor may, as he thinks fit, constitute any part of New Zealand into an Insolvency district, to be termed " a Commissioner's district," and there shall be for each such district a Court of Record, to be called " a Commissioner's Court." The Governor may also appoint for every such district a fit and proper person, being a barrister of the Supreme Court of New Zealand, to be the Judge thereof, and every such Judge ! shall be called a Commissioner in Insolvency. A Judge of the existing District Courts may be appointed judge of a Commissioner's Court or Courts, and the same person may be appointed Commissioner for any two or more Commissioners' districts. On the petition of an insolvent," or one or more creditors, if the debt to such single or several creditors, amounts to no less than £50, sequestration of insolvent's estate shall take place, provided that the debtor has committed any " act of insolvency." The acts of insolvency described in the bill are ten in number. The first is, that the debtor has made a conveyance or assignment to a trustee for the benefit of his creditors. (2). That he has transferred any part of his property to defeat or delay hu creditors. (3). That to the like prejudice of his creditors, he has gone out of New Zealand, or suffered himself to be arrested for a 'debt not due, (4) That he filed in Court a declaration of his inability to pay his debts. (5). That execution of a legal process on a judgment debt of £50 or upwards has been levied by seizure. The other acts of insolvency include the adjudication of the debtor as insolvent or bankrupt in any British Court out of New Zealand, and the making of any preference to any creditor that under the act would be a fruadulent preference. Official assignees, equivalent to the existing Trustees in Bankruptcy, are to be appointed, payable by fees. There are numerous formal regulations as to the proceedings of the trustee and committee of inspection by the creditors. The trustee or assignee is empowered to attach all property belonging to the insolvent, and may seize any property divisible amoDg his creditors, and in the insolvent's custody, or in that of any other person ;. also to break open buildings ; and the Court may grant warrant to search for concealed property. Sale of insolvent's effects under distress, and all actions against insolvent shall be stayed, by sequestration. Insolvent's landlord shall be entitled to receive rent due for a period not exceeding twelve months. An insolvent is liable to suspension of certificate and imprisonment if he has not kept reasonable accounts. If there shall be an unsatisfied judgment against him' for breach of promise, or seduction, or malicious injury, or for damages in any Divorce Court ; if he shall have put any •reditor to vexatious expense by frivolous claim or defence ; if he has wilfully delayed sequestration to aid one creditor to the disadvantage of others ; if ho has not complied with the lawful orders of the Trustee ; if he has carried on trade by means of fictitious capital ; if habits of

gambling, extravagance, or vice, have diminished his means of payment so as to lead to his insolvency ; if he has contracted debts without means or probable expectations of payment ; if he has improperly disposed of any property or made fraudulent preferences. If an insolvent fails to obtain hi 3 discharge, and if the dividend falls short of 10s m the poand, he shall be held liable for the difference between that sum and the actual dividend, and any property he?* may afterwards cquire may, under order > of the Court, be applied to tho payment of creditors until 10s in the pound is paid.

Arrangements for liquidation by consent of the creditors are provided for, by which the creditors may appoint aTrustee, who shall act without taking insolvency proceedings, the Trustee possessing like powers as those held by Trustees under insolvency and sequestration. Composition by a debtor with his creditors may also be made under rules defined in the Act, and without any proceedings in insolvency. Fraudulent debtors are liable to three years' imprisonment, with or without hard labor.

In order that a false impression may not go abroad regarding the Borough Solicitor's "opinion," published in our last, we are requested to state that the. -Inspector of Nuisances does, or ought, to act in direst concert -with the Borough Council. The officer in charge here does not interfere with him in the discharge of his duties as Inspector, but it must be remembered that all constables in the discharge of their duties are bound to take cognisance of all nuisances, under the Canterbury Police Ordinance. The case referred to in the "opinion" was not reported by the Inspector of Nuisances, but by another constable.

Melbourne, Nelson, and Auckland mails were received in Greymouth yesterday afternoon by the Hokitika coach, The Melbourne mails were those brought by the Tararua, and transhipped at Nelson to the Kennedy, which arrived yosterday at Hokitika.

An old resident of Nelson, named Frederick William* flaase, died suddenly last week. The deceased arrived in the ship St. Jfaul, in June, 1843.

At a meeting of the Hokitika Borough Council on Friday, the tender of Messrs O'Driscoll and Co. was accepted for protection works and repairs to the Hokitika wharf and river bank, for LI 035.

Mr Patrick M'lnern&y, of Abaura and Reefton, had a narrow escape from drowning in the Ahaura river on the 15th instant. He was crossing at M'Kenna's ford during the alight freshet which was in the river on that day, when, in the deepest part of the western branch of the river, his horse, a sulky vicious brute from one of the livery stables, became restive and eventually threw the rider in the deepest and swiftest part of the current. Mr M'lnernay was carried down among the pile of snags blocking up the fairway of the stream, and was ultimately rescued, and the horse bolted back to its stable.

With regard to the report of the meeting of the Borough Council, in yesterday's issue, we have to state that the two motions on the subject of ''Fires," moved by Mr Moore, were intended to be a suggestion to Mr W. H. Harrison to introduce new clauses to the same effect into the Municipal Corporations Act, and were not proposed as motions intended to be acted upon at once by the Borough Council. With respect to the necessity for levying a fire-rate there can be little doubt, as the Volunteer Fire Brigade requires the fullest amount of support it is possible for the Corporation to give, but it must be remembered that Mr W. H. Harrison lately attempted to introduce a Bill into the Assembly giving power to Corporations to levy fire-rates. He was then opposed by the residents in Hokitika, who, we have reason to believe, would now be only too clad to assist him in carrying the proposition. We are confident tbat if such a clause were introduced into the Municipal Corpora, tions Act during the present session, it woutd meet with the approval of the country, and especially that portion of it represented by the West Coast.

Reporting the arrival of the Tararua at Nelson, one of the local papers says :— The Tararua has not been so fortunate this trip, for in addition to exceedingly tempestuous weather throughout, and the shipping of water, which on one occasion floated a pas-! sender about the deck like an animated corkfenSer, another passenger bad a narrow escape of his life at the wharf yesterday. There was more than* one stage from the wharf to the steamer, :and one of these intended for cargo and place at a sharp angle, was chosen by a passenger to get onboard by, while an easier one from the poop to the wharf was overlooked. The consequence was a fall overboard, a cut face and thorough drenching in ice-cold water. Another passenger, the same morning, narrowly escaped being shot by the accidental discharge of a pistol, which was being handled by its owner, who was unaware of its being loaded.

Mr Christian Mane, a native of Switzerland, and lately resident on the West Coast, has died in the Nelson Hospital!

Mr C. Kearns, son of Mr C. P. Kearns, of Waimea East, Nelson, has been Idrowned in crossing the Buller, near the mouth of the Maruia.

The first saw-mill started in the.Greenstone district was opened with some ceremony on the loth instant. It is worked by water-power, with a wheel forty feet in diameter. .

Telegraph stations have beon opened at Waiau and Hurnnui, in the Province of Nelson.

The Committee appointed at Hokkika to draw up a memorial on the subject itf uniformity and unity of government on the West Coast have adopted the greater part of the Greymouth memorial, the prayer of the memorial being that the Assembly should adopt such measures as are best calculated to secure these objects.

The Havelock correspondent of the Nelson Examiner, writing on the 12th instant, says : "There was a numerous attendance of miners at the Warden's Court to-day from the Wakamarina, and it seems some of them must be doing well, for one of the storekeepers informed me that he had purchased over Ll5O worth of gold during the day."

A case exemplifying the truth of n adage that honesty is the best policy, QQ^ place previous to the departure of th c gs Albion, for Melbourne, last week. A g t ore . keeper at No Town obtained judgnie^ at the last sitting of the Court there, agaj nnt;s t; a former customer of his, " a good old sport," for about L3O. The defendant * did no fc a p. pear, but he made an offer through a third parby that if the creditor would. gi ye j^m a release he would pay 10s in the pound on the amount dve 1 The plaintiff accepted the offer, and authorised the person w ho made it to give the defendant a clear receipt on receiving tho ; noney. On this person interviewing the di fendaut at Groym O utb, on the 13fch, and infcniinf him that fch e creditor had agreed to conii, " > terms, the unfortunate debtor courageously observed that " Mr Soaud-So ■ mitfht go to blazeH, as he (the unfortunate debtor) was oftVbn Melbourne at five o'clock ir. the mornii,j. aud he didn't care ad ; n for anybody. He had a tip for the Melbourne Cup and he wa*fced every

shilling he could get hold of to take the odds about Fiddleback," of the performances of which gallant steed he had the full history from some of the knowing ones at present sojourning at Greymouth. Unfortunately for the success of his plans, the steamer did not leave on Wednesday, as she could not be tendered owing to the state of the bar, and during the day the plaintiff arrived in town from No Town. Measures were taken and the matter waß placed in the bailiff's hands. It was necessary to be cautious, for the defaulter had threatened to "put away " his money, if he saw any attempt made to stop him, and it was known that he had as much cash as would at least satisfy the judapnent. Accordingly the hard-hearted creditor kept out of sight, and the poor debtor sauntered about in all the bravery of his new harness, doing the heavy, little thinking that Elmer's eagle eyo was fixel upon him, and watching hia every movemont. Just as he was bidding his friends "good-bye at the door" of the "Brian Boru" " a heavy hand was laid upon his shoulder," &c, and he was accommodated with a free passage across the river to Cobden, where he will be detained for three months, or until the debt is paid. When he was examined there it was at first found that he had only a small sum of money, in his possession, but on a more minute search being made almost as much cash was found secreted in his clothes as would have satisfied the creditor in the first instance, if his terms had been agreed to. It is known that he succeeded in passing a considerable sum to an intending shipmate, which, is gone to Melbourne, and will no doubt be invested with the "King of the King" in Spring street, but with only problematical benefit to the would-be, absconder. In the meantime, the stewards of the Victoria Racing Club will have to shift for themselves and manage the best way they can in getting up their Spring Meeting without the assistance of this " gay and festive cusb." The upshot of the matter is that he has lost, his passage and all his money j he has lost his previous reputation of being considered a 14 decent fellow," if nothing else ; and by the time he does his three months the race for the Melbourne Cup of 1872 will be a matter of history, and his favorite " Fiddleback" will have achieved renown as a winner, or be turned out to grass for the crows to roost upon him for another year. He will now have leisure in his truly rural retreat at Cobden to meditate upon the philosophy contained in the old saying, that " there is many a slip between the cup and the lip," even it be a Melbourne Cup. '

An awfully sudden death occurred at Spring Grove, Nelson, last week, when Mr. T. R-. Bullard, a storekeeper, who is well known in the district, dropped down dead. Apparently, he was in good health, and made a hearty tea at the usual hour, but a short time afterwards he fell sick, and on going to his bedroom exclaimed to his wife — "I'm going to faint," and almost instantaneously fell dead on the floor. He leaves a widow and several children.

In the Resident Magistrate's Court, Ahaura, on Friday, the 16th instant, before C. Whitefoord, Esq., R.M., John Wm. Day was sentenced to four months' imprisonment with hard labor for being in unlawful possession of a waterproof coat stolen from the shop of James Hayes, draper, Ahaura, on the sth June, and found on the premises of the prisoner. Notice ot appeal was given. Mr Staite defended the accused. — In the Warden's Court, Doolen v. Montgomery, for rent of a water-race at Duffer Creek, and for damages, occupied the attention of the Warden and four assessors the whole day. The case had been previously before the Court, when a judgment was given against the defendant by default. A re-hearing was granted on it being shown that it was impossible the defendant could reach the Court, owing to the floods. Mi* Staite appeared for the plaintiff, and Mr W. Pitt, of Keefton, for the defendant. A verdict was given for. the defendant with costa. The arguments in this case were interesting to miners, and the decision of the assessors has a special bearing on tho terms of agreements made about mining property, and on the liabilities of . lessees and owners of water-races.

By a private telegram received from Wellington, the Nelson Examiner learns that the case against Mr O'Conor has been virtually disposed of by the Select Committee of the House of Representatives., The Committee decided not to take any further evidence, and to accept Mr O' Donor's testimony^on oath, that he did not hear the decision which the Select Committee of the Provincial Council came to respecting the reservation of land from sale in the town of Westport.

On the Ayltner Lead, says the Ross JWews r the population at. this lead, though only consisting of some five or. six parties, are steadily working, on, and seem perfectly contented with their gains. All are making fair wages, and one or two parties considerably more.— The late boisterous weather has caused considerable changes in the beach from M'Gowan's upwards, inducing several men to set in oh the black sand deposits, and they are making average wages. In consequence of the cessation of work in Ross, many appear to be turning their attention to the beach between Hennah's and the Tbtara.

On Saturday evening a meeting was held at Stafford Town, to consider proposals for a water supply for the district, when it was agreed to canvass the district to ascertain what number of shares the inhabitants would be willing to take in a race from the Kawhaka. The question of a newform of Government was also considered at the meeting, when Mr Thomson proposed — " That it is desirable that the Nelson SouthWest Gold Fields be annexed to Westland, as being beneficial to each, and that the Government be on the County system. " Mr LyncH moved as an amendment— "That the Nelson South- West Gold Fields be annexed, and that the form of Government be determined by the General Asserrfbly." The amendment was carried. On {he same evening, and at the same place, an indignation meeting was held to protest against the removal of the Warden's Court to Goldsborough, when a deputation was appointed to wait upon the County Chairman to represent the propriety of a Court being held once a week at Stafford Town. The Cassius mine, at Ross, has been so extensively flooded that the workings: are for the present stopped. Describing the circumstances, the N~iws says :■ -Early yesterday morning this claim, which for go long has held the first position in Ross, was compelled to suspend operations. It has been well known to 'the manager for some time past that) the wall left between the Excelsior claim and this mine was very thin, and the daily increasing quantity of water oozing through, was beginning to make the ground dangerous to the men employed, in the event of any prolonged stoppage of the drainage-engine in Jones's Flat. Such stoppage having at length occurred, every precaution was taken to get up the tools and trucks into a safe position, and everything was made snug for a flooding out. Orders were then given to break through, which being done, so violent was the iriflt! ' that before the m6n could get up the sliaic the water was up to a tall , man's waist. When work will be resumed in the mine appears . at present problematical, and depenaent upon the favor with which the public regard the new scrip, shortly to be issued, amalgamating the Morning Si»r and Caasius Companies into one large ciucern, with the old drainage plant thrown in as a makeweight.

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