T HE Grey River Argus PUBLISHED DAILY WEDNESDAY, JULY 15, 1874.
Thb first ßillintrbduced by the Govtrnment this session— that for the abolition of imprisonment for debt — was, on Tuesday last, read a second time in the House o; Representativea, and by this time has most likely passed that House, whatever its fate may be in the Upper Chamber. However, as it is very likely soon to become law, some explanations regarding it are necessary. It is a short measure of only eight clauses, and was thus explained by the Hon. Mr Yogel when he moved its second reading : — He said " it went as far in the direction of abolishing imprisonment for debt as at present it was supposed to be safe and practicable to do. There were circumstances in respect of the existing law which could not be overlooked. The exceptions named in \ clause three were absolutely desirable. He would have much preferred that the Bill had "simply said imprisonment for debt should be abolished, but it was necessary there should be some punishment upon persons who offended against a number of the laws of the Colony. So also with acts of default by a trustee, and this, he was advised, was the only way by which defaulting trustees could be dealt with. Defaulting solicitors came under the same category, as did any default in paymgnt for the benefit of creditors of any 'portion of salary. The measure was urgently asked for, and, though it waa a large innovation, it was perfectly safe as it stood." It will be seen from this short statement that although' the Act is nominally one for ihe abolition of imprison-' ment for debt, yet it is only partial — a; sort of first step in that direction — as there are: a number of offences against the laws of the Colony, as Mv Yogel calls them, which cannot be forgiven, and are therefore made exceptions to the operation of this Act. As these exceptions are tfte most important portions of the Act w/9 may as well give the m in f ull : — 1. Default in payment of a penalty or sum in the nature of a penalty other than a penalty in respect of any contraflt. ■ >?2. ; Default' in payment of any sum recoverable summarily before a Resident Magistrate, or Justice or Justices of the Peacft, or Court of Petty Sessions, under the Justices of the Peace Act, 1866, or any Act 'otherwise than under the Resident Magistrafcea Aofc, 1867, and Aobr amending the same. ■*■ : - ;.,.,.;;j ■, ,; . 3. Default by a trustee or person acting in a fiduciary capacity, and order to pay, by a
Court having jurisdiction in. the matter, any sum in his possession .j or control. ;jj | 4. Default by a c! g6jicitoc'^in^ payment o.f^ costs when ordered" l f6 pay cbs'ts for^miscon-' : duct as such, or in payment of a sum of money when ordered to pay the same in his character of an officer of the Court making the order. •:..■■ 5. Default in payment for the benefit of creaitors of any portion, 'of, a salary or other, income in respect of the payment of which any Court having jurisdiction in bankruptcy or insolvency is authorised to make an order. There will, no doubt, be great differences of opinion on some of these exceptions to the Act, arid very probably they will be much cut up and amended in Committee ;■ but there is no doubt but that the introduction of some of them is, in the present state of society in the Colony, highly justifiable. On this point our contemporary (the New Zealand Times) makes the following remarks : — " A debt incurred under the first set out is not of a nature in which sympathy can be involved on behalf of the persons indebted. Default under the circumstances contemplated in the third arid fourth exceptions amount to very much more, being in plain truth an offence against the criminal law of a very serious nature ; while the. fifth may be defended on the ground that the Court which ordered a payment from salary to creditors would, no doubt, have made it cognizant of the facts of the case, and of the ability of the defaulter to pay the sum ordered by the Court. The second exception, however, appears to be open to objection. Failure to pay a sum recoverable summarily in a petty Court, retained as a ground of imprisonment for debt in au Act to abolish that infringement of ; personal liberty, looks very like as if the net were constructed for the express purpose of catching the little fish and allowing the larger ones to escape. It is the prevalent idea that if imprisonment for temporary inability to discharge a debt is not a 'proper,' though it is a 'legal' course, the man of limited means, weighed down by ' honesty poverty,' should not be exposed to an irrational penalty, while larger offenders are allowed to escape." While congratulating the Government upon bringing down the Bill so early in the session, and giving it his general support, Mr Gillies, of Auckland, said, " There were grave objections to its form. Instead of a Bill for the abolition of imprisonment, it was a Bill tc provide for imprisonment for default in making payment of sums of money. Then the Bill simply said c Imprisonment for debt is hereby abolished,' the exceptions would have been unnecessary. The Bill might be much simplified. He wouli give the Government every assistance in committee to do so, but hoped a reasonable time would be allowed to lapse before it was committed." The Government intima L ed that it was not their intention to hurry though the Bill, so that Mr Gillies's amendments, and also some extraordinary propositions brought forward by Mr Sheehan, will be fully considered in Committee. With regard to these latter propositions by Mr Sheehan, the Times says : — " He will have the opportunity of bringing forward his extraordinary proposition that where a relentless creditor has imprisoned a debtor, and held him fast in iron bonds— unable to earn money to pay his debts, arid at the mercy of the human tiger.who detains him at cost to himself — the State should pay the debt when it releases the debtor from his bonds, or should at least pay the .'costs 'to which the creditor has been put. Mr Sheehan will aho then have an opportunity of proving hi 3 extraordinary doctrine that imprisonment for debt is a ' proper course ' of proceeding, and yet one which the Parliament should at once abolish ? Something ; may be gained on this subject by remembering the account given by •' The Citizen of the .;.W.orld;'' ; of ;how the : barbarians treated debtors many hundred J ears ago. If they were found; on examination, to hay|e become involved in debt by accident and no fault of their own, the State paid; their liabilities and let them go, with a caution. If they had become so fraudulently, and with the intention of defrauding creditors, they were beheaded, as a warning to others'. "■"■"' ■
Contractors and others are reminded that tenders for the erection o* a new Post and Telegraph Office in this town close to-day at 4 p.m, at the I Jiatrict Engineer's Office' The annual meeting of subscribers to the Grey River Hospital takes place this evening, at : Gilmer's Hall, at 8 o'clock; The business is to receive the report of the outgoing Committee, and to nominate a Committee of Management for the ensuing year. One of those agreeable gatherings ; wbigh are enjoyable at the time of their occurrenoe and leave grateful remembrances behind them, took ulace at the Melbourne Hotel on Monday evening. The occasion was the meeting of a number of the friends and wellwishers of Mr J. S. M. Thompson, late of the firm of Thompson, Smith, and Barkley, of Greymouth, who is about leaving the district to enter into extensive commercial transactions at Wellington, A few of the more intimate acquaintances of Mr Thompson formed themselves into a committee to take steps to pay a mark of respect to an old resident and an enterprising citizen previous to his departure, and it was decided that Mr Mr Thompson should be invited to meet them. Accordingly, the necessary preparations were made, and the event, which was a complete success in every sense took place as mentioned. The company, which numbered between 30 and 40, included most of the leading business and professional men of tbe town, besides several of the principal officials, and the banking interest was well represented. Mr Gilbert King, manager of the Bank of New South Wales, wj|s in the chair ; Mr W. H. Revell, the Besident Magjsjbrate, occupied the vice-chair. After the usual preliminary toasts were disposed of, the Chairman gave the toast of the evening— "the health and future prosperity of their guest and friend, Mr Thompson." In the course of a welldelivered speech the Chairman paid a high compliment to the commercial enterprise, energy, and foresight of Mr Thompson, and eulogised him as a business man of tried integrity and honor, remarking that, as they aJJ. regretted the departure of their guest from among them, associated as he had been with the rise and progress of the district from its' settlement, it was satisfactory to know that in the change Mr Thompson found a more extended sphere of action for his commercial ability. The toast was drunk, with enthusiasm, and Mr Thompson replied in an appropriate address, thanking the company lor the kind manner in which his old and new friends had gathered round him on the occasion, and trusting that whereever he resided in future he would merit the good opinion he heard expressed of him that evening. He was sincerely sorry to leave Greyraoufch and ihe many friendships he had contrasted daring his long residence, for he had begun to regard it as » home in evpry
sense ; and although his business arrangements called him elsewhere, his departure ; would not, sever his connection with Greymouth, /ior. be; would ever cherish a feeling of regard for thie place and the people in it. During she evening some very capital songs wer6 sung by Messrs Warner, Kirton, Girdwood, ftlenn, Jas. Hamilton, and other gentlemen. And after a merry time of it, the company separated at a latb hour. A conclave of the Military and Masonic Order of the Knights of Rome and the- Bed Cross of Constantino was declared opened at Greymouth on Saturday, 11th July. The preliminary arrangements were in course of settlement for some time, and all the indispensable preparations having been made, the Master Masons about to be admitted to the degree assembled at the Masonic Hall, Mackay street, where the M.I. Sir Knight T. S. Buhner, Esq., M.D., K.G.C., and In-tendant-General of the degree, and -Grand Representative of the Imperial Grand Council of the Order in ' ngland, duly installed the various officers, and formally invested them with the necessary powers for working the conclave by virtue of his authority from the Grand Council. The following Master Masons were appointed to the respective offices to be filled by them :— E. Ancher, M.P.S.; G. T. N Watkins, V.E.; W. FT. Revell, S G ; J. 7. May, J.G.; J. J. Blackmore, P.; C. Suisted,. Treasurer ; H. Young, Recorder ; J. A Eissenhardt," Warden ; R. B. Fox, Sentinel. At the same place, afterwards, a Lodge of the degree of Royal Ark Mariners was duly constituted, and the proper officers appointed to act under the control of the Grand Mark Master Mason of England and Wales and the British Colonies. The ceremony was conducted by Bro. Bulmer, the Provincial Grand Mark Master for New Zealand, acting under letters patent under the hand of the Earl Percy, M, W.G.M.M.M. of. tbe Order in England. Following the : above a Sanctuaey of K.H.S. degree was inagurated, and the necessary officers appointed and installed. The ceremonies of each degree were most impressively performed by the Grand Representative. The observences are very solemn and imposing, Freemasons only of high rank and good repute and intelligence being eligible for initiation. This especially refers to' the K.H.S. degree, portions of the ritual of which being in the Latin and Greek languages, study and preparation are indispensably necessary before any standing in the Order can be arrived at. The .Sanctuary inaugurated on Saturday is the first offshoot of the Order yet empowered, to. act in the southern hemisphere. The .number of members of each Sanctuary of the rite is limited to niuty-nine, and the number of Sanctuaries vow existing is under twenty. Candidates for the . degree must be Craft Master Masons, and also Royal Arch Masons, as well as being members of a Conclave of the Eed Cross of Rome and Constantine. For the Royal Ark Marines' Degree, Candidates are required to be Mark Masons, as well as Master Masons of the Craft. The number of members of each Lodge or Conclave of Ark Marines, and Red Cross, is not limited, but, from the strictness of the examinations and the accuracy required in working, the number will of necessity never be large. The Greymouth Amateur Etbeopian Minstrels make their first appearance an the Volunteer Hall to-morrow evening. The members of this band of dusky brothers have, we understand, formed themselves together for a very laudable purpose, namely, that; of placing their talents and abilities gratuitously at the service of our charities, by giving periodical entertainments in aid of the several institutions. But as charity: does or should begin at home, the first performance •will be for the benefit of the association,^ and the proceeds will be applied towards liquidating the unavoidable heavy preliminary expenses of organising and training a company of this description. We are informed; that the Minstrels have arrived at a high state of efficiency in their individual role 3, and '! that those who patronise them on Thursday evening may expect a rare treat. A large number of the brethren of ihe Loyal Greymouth Lodge, M.U.1.0.0..1?, assembled at their rooms, Club Hotel, on Wednesday evening, Bth July, for the purpose of receiving the quarterly balance-sheet and auditors' report, and for the installation of officers for the en-uing six months, j The officers and members of the Loyal Hand of Fiiendship Lodge paid an official -visit in full regalia and were received in the manner customary on such occasions. The balancesheet, which was a yery creditable on 6, was read, showing an amount of L 1099 I.ls 10|d invested by the Trustees of the Lodge, and number of members good on the books, 135. The auditors then gave in their report, which was as follows :- -" Greymouth, Bth j July, 1874. To the Noble Grand, Officers, and Brethren, of the Loyal Greymouth Lodge. Dear Sir and Brethren, — We beg to inform you that we have carefully inspected all hooks, vouchers, documents, &c , in connection with tbe lodge, and can vouch ; for the correctness of the same, and have! much pleasure in congratulating you upon your improving condition, which we consider is to a yery great extent attributable to the great interest and energy shown by your Permanent Secretary, Bro, A. E. Cresswell, to whom the best thanks of the lodge are due.- We are also yery pleased to find that you have started a printed bajangersheet, but would suggest for the future a half : yearly balance-sheet, so that any member in- possession of the two-half-yearly balance-sheets will be enabled to see the whole of the business transacted for the twelve months. We beg to remain, dear Sir and Brethren, yours fraternally, Sim son Fbaser and Geokoe Redmatne. Auditors." The balance-sheet and auditors' report were received and adopted. Tbe installation of officers then took place, when N.G. Henry took his seat as Q-.M., P.V.G. Shields as N.Q., Warden Franklyn as V.G,, and Bro, Qeorge Redmayne as E.S. After the business, the mem: bers of both lodges partook of a light repast, provided by the host, and spent an enjoyable hour. The Resident Magistrate was engaged for a considerable time yesterday in disposing of claims made against a sub-contractor by some of his woikmen. In the case M'Kinnon v. Cairns, the plaintiff sued for Ll3 19s for making a culvert and for wages at 11s per day. The defendant; disputed his liability for the culvert, as the plaintiff did not make it, on tKe contrary, it was alleged he thrjsw up the contract after destroying a quantity ojt timber wbigh should have been used in the work. He also disputed several items in the claim with reference to the rate of wages. On being asked if he did not acknowledge the plaintiff's clai-d as correct on a previous occasion, he admitted he did se, but be made the acknowledgment under duress and on compulsion, because he lived with the parties and they had it in their power to annoy him constantly. Judgment was given for the plaintiff for the full amount claimed with costs. Mr Perkins appeared for the plaintiff.— Plunketfc v. Cairns was a similar claim. The plaintiff sued for L lB 15s, and" 'the defendant admitted the debt, but said he had a set-off in the nature of some debts due jointly by the plainti^ and himself to several tradesmen for stores, &c, and for which the defendant was liable according to his own showing. The parties produced a number of accounts rendered for goods supplied to the firm, one of these especially being what was described as a " tucker-bill,'' but whioh inoluded among its items a hank of twine, an axe-handle, a longrhandledi shovel,: and . Boiue f probkery, ware • A$ lengih, after' Mj- perkifis had gpn c
through the accounts and struck a balance between the litigants, the Magistrate gave , judgment for the plaintiff for Ll6 5s with' costs amounting to 51s. Mr Perkins applied for. an order of the Court under the Workman's Lien Act, directing the contractor of the work on which the men were engaged, to pay them instead of the aub-contractor for whom they worked. The order-was granted. - : — Long y. Bremond — was a claim of L 9 10s for fencing done on some sections of land on the outskirts of Grey mouth. The plaintiff said he was engaged to Ao~ 10 chains of' fencing at 30s per chain. He did a portion of the work and found the timber according to agreement, and when he asked for' progress payments the defendant refused- to allow him to continue the work. The defence was that the work was not done according to specification, that the material used was inferior, and that the plaintiff chalked out a line of his own, and insisted on putting up the fence without any^ regard to the boundaries of the defendant's land. He had fastened some of the rails to stumps and had even made deviations in the line of the. fence to avoid stumps and other obstructions, which he was expected to remove. After, taking evidence on these allegations, his Worship nonsuited the plaintiff, telling him that he would have to complete his contract. Mr Perkins appeared for the plaintiff.— W. Woolfe and Killeen v. Syvesen, for L 2 14s 3d, and same v. Colson, for L 3 19s, judgment was confessed in each case with costs. There were two other cases called, in which the defendants reside at Reef ton, and one where the defendant lived at Tbtara Mat. No return of service had been made in either case, and the hearing* of them': was postponed till Tuesday. ■ ' Miss Aitken has returned from Reef ton to Ahaura, and, was to. give one of her entertainments there last evening. It is understood this lady intends visiting Half-Ounce, Nelson Creek, and No Tbwn duringher visit to the Grey Valley, and there is no doubt ■she will -command large and appreciative audiences at each of theseplaces; ■•■: A special meeting of the Grey Valley Road Board: isjtoi be held at Ahaura on , the 16th; instant, to devise some plan of "raising the wind. '.*.;. ;.. : ." ■■' ' : :.■'". : \.'.,r '."". • ■■■- Information was received ;by ; the police yesterday, that the dead. body of -a Chinaman was lying at the, Chinese Camp, Marsden, and that the circumstances of the death would necessitate a medical if not an official inquiry. It appears tbe man -before he died was suffering from disease of such a nature that, his fellows had him removed to a detached hut away from the rest of the dwellings, and it is said that .when dead the Chinese refused to touch the remains. !; Sergeant Moller proceeded to Marsden yesterday to make inquiries into the affair. From the Home: News of May 15, we learn that the Messrs Garrard, of Hay market, are just on the point of shipping for Wellington; '■ New Zealand, a service of plate designed and manufactured to the order of certain residents in Dunedin, for presentation to Mr Julius Yogel. The service consists of a massive centrepiece and six stands. The centrepiece bears a suitable inscription, testifying to the great worth and ability of Mr Yogel, and to the estimation in which he is held by the donors. The design is of the Renatssance of Queen Anne, so that New Zealand will be in possession of the only purely English style of plate ornamentation. The set is exceedingly handsome, and does great credit to the firm bj whom it has been prepared. The Green Island Meat Factory, Otago, is said to be doing a good business At present there are slaughtered from sixty to seventy head of cattle and 1400 sheep per week. The company, it is stated by the Timea, received at the rate of 6£d per lb, for preserved beef and mutton in the London market, the brand being much sought after. Another industry,.; started -in connection with the establishment is smoked mutton hams, which are exported in casks preserved in tallow. As showing the inflated state of the land revenue in some of the Provinces of this Colony, Mr Woodward states, in the " New Zealand Handbook," that during 1873 the amount received was L 1,038,310, 038,310 j whereas, in the fifteen preceding year's it was only 1,4,332,880. ; The Colonial Government have intimated that they do not propose to introduce any amendment of the insolvency laws during the present session. The plant of the Charleston and Westpdrt line of coaches was sold on Monday by auction to Mr John Allen, of Princes street. Charleston. For the present it is not the intention of the purchaser to continue running the ( poaches, but new arrangements, will probably be made for the suniiner season. * ; : Mr Curtis, the Superintendent of Nelson, has lost no time in introducing in the H6use of Representatives the Loan Bill, which he was authorised by the Provincial Council to \ submit to Parliament. On the 7th instant, immediatßly on the meeting of the House, he gave notice of his intention to bring in a Bill to authorise the Province of Nelson to borrow a sum of I 250,000, for the purpose of reproductive public works in that Province. A large bridge has lately been completed in the Wakatip district — the bridge over the Shotover river at Arthur's Point (says the Otago Daily Times). This bridge is important, as opening up the road between Queenstown and Arrowtown for dray traffjc, and bringing the intervening agricultural land into communication with these towns. The structure is on what is known as the Howe truss principle. The span 121 ft 6in, and the bridge on one side rests on masonry abutments, and on the other a rocfc Tbe bridge is built almost entirely of red birch, obtained from the head of the Wakatip, and which was brought about 27 miles by water and about four by land. From previous experience of that description of timber it was found to be yery durable and to shrink very little, points of considerable importance as regards its adaptability of biidge struoture. The limber used in the bridge having been cut a year before being worked, was amply seasoned. The roadway is 14ft in width, and the bridge is built of strength sufficient for it to carry a crowd of cattle. The bridge is 80ft or 90ft above the rfrer. The following statements, seriously reflects ing upon the business transactions of some of the Nelson traders are published in the Auckland Star of the 2nd mat; :— "Sir — Will you allow me sufficient space in your columns to expose a system of wholesale trade cheating to which, for a long time past we in' Auckland have been subjected by some of our unscrupulous brethren in the trade at Nelson and Canterbury, but the former place in particular, where butter casks, weighing when empty 171 bto 181 b are sent up here with a tare of only 111 b and 121 b each ; thus we lose on a small cask of butter, weighing some 501 bor 601 bat least slb or 61b in wood that we have paid for as butter at the rate of la 5d per pound, or at the rate of 8s 6d loss on each small cask. Therefore a tradesman who happens to purchase only 10 casks— say in one line— would loae at one sweep L 4 ss, having a full knowledge all the time that he was being robbed, yet having no power to save himself from suph whole? sale plunder wliile there is such a scarcity of . butter in the market, and such unprincipled men in the trade down South, and at Nelson especially. I write this to caution others on the one' hand, ; while on; the other';' il am anxious that our friends in Nelson should 'know that we are aware of their fraudulent practices, eyen though for the present we
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Bibliographic details
Grey River Argus, Volume XV, Issue 1854, 15 July 1874, Page 2
Word Count
4,284THE Grey River Argus PUBLISHED DAILY WEDNESDAY, JULY 15, 1874. Grey River Argus, Volume XV, Issue 1854, 15 July 1874, Page 2
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