New Zealand Times. (PUBLISHED DAILY.) THURSDAY, OCTOBER 19.

New Zealand Times, Volume XXXI, Issue 4860, 19 October 1876, Page 4

New Zealand Times. (PUBLISHED DAILY.) THURSDAY, OCTOBER 19.

■We notice with regret that an omission has been made, and still exists, in the latest reprint of the Debtors and Creditors Bill. One : of the greatest of the many faults of the Act of 1875 was the failure to provide for the granting of an order of discharge to 1 the debtor after the whole of his estate had been surrendered to the creditors, and when the latter neglected to grant such discharge. - In the new Bill what seems to be a very efficient mode is provided, but no provision is made for the very numerous cases in which debtors have taken proceedings under the Act of 1875, and have no means of procuring a discharge under that Act. A correspondent informs us that he knows of some seven or eight persons who have filed declarations of insolvency and surrendered their property, but who have been unable to obtain a discharge either through the failure of the creditors to attend in sufficient number to pass a liquidation resolution, or from their neglecting, having passed such resolution and realised the estate, to assemble for the purpose of granting a discharge. | The third clause of the new! Bill specially excepts from its operation proceedings under the Act of 1875, and the unfortunate debtors whoso cases he has instanced are doomed to languish in perpetual insolvency. We would venture respectfully to call the attention of hon. members of the Upper House to this, as the Bill has not yet: passed its third reading in that Chamber, and there is yet time to amend it in this particular by the insertion of a clause providing either that the’ sections making provision for the discharge of the debtor shall have a retrospective effect, or, better still, that it shall be lawful for the Court to grant any debtor an order of discharge ph being satisfied that the failure to obtain a certificate from the creditors has not been occasioned by any lache on his part, and notwithstanding that the proceedings may have been taken under the Act of 1875, or that no liquidation resolution may ever have been passed. The amendment made on Tuesday night,

with a view to validating proceedings, under the Act of 1875, seems to us hot likely to carry put what wo presume to; be the intentions of the mover, namely, to validate those proceedings which have been taken in good . faith, but may yet be invalid through: some of the rules having been ultra vires or obscure. By this amendment no appointment of a trustee is to be deemed invalid by reason of its informality or irregularity, but the invalidity, ‘if any, goes beyond the appointment of a trustee—it goes to the root of the whole liquidation, and affects the property which may have been dealt with bona fide under the liquidation.. ;We . would suggest that the clause should be altered so as to validate any liquidation resolution which may have been passed, and notice of which shall have been duly gazetted, provided that no application shall be made within three months after the passing of the new Bill to set aside ■ such liquidation. . We are very glad to see that the , new Bill to a great extent modifies the very, pernicious principle involved in the Act of last session, namely, the handing over of the debtor bound hand and foot to the creditors ; not that we think the latter would behaye with undue harshness, ■ but that they will almost invariably neglect* to provide for his discharge,- and will thus perpetuate his ruin. .It should be for the Court, and the Court alone, to grant a debtor his dis-; charge, on being satisfied that he has not been, guilty of fraud’or gross,misconduct; and on the surrender of all his property.

During yesterday’s sitting of the House of Representatives Sir R. Douglas moved that a sum of £IOSO should be awarded to Mr. Faenall, the late agent of the Provincial Government of Auckland ini Belfast, as compensation for his services. The House has become tired of the subject, and the motion;was summarily negatived without a division. The House then proceeded to consider the Estimates, and the vote for Government buildings was reduced by £4OOO, on the motion of the Hon. Mr. Richardson. Considerable discussion topk place on the item £450 for repairs to Ministerial residences, Sir George Grey proposing that it should be struck out. The feeling of the House was decidedly against him; in fact, members are getting disgusted with the purposeless discussions he continually raises. His motion was rejected so decisively on the voices that ; the hon. gentleman ■ did not, _ as is his general custom, call for a division. Some very strong opinions were expressed on all sides as to the bad ventilation and drainage of the Government buildings, when the vote for the Colonial Architect’s department came under consideration, the House Committee coming in for a good round of abuse. Sir George Grey came to the rescue of his absent confrere, Mr. Reader Wood, who is chairman of the committee, but only succeeded in placing him in a worse position than before. Sir Robert Douglas moved that the item, Colonial Architect; £BOO, be reduced by £5, so that: the House might get to know who was -in fault.-■ To .the credit of the members,: however, they fully appreciated Mr. Clayton’s long and valuable services, and put an end to the matter so far as he is, concerned by rejecting the motion by 27 against’ 16. It is probable that' the House Committee, whom the Hon. Mr. Stafford characterised as the worst committee they had over had during his experience, which, by the way, extends to the time of the first Legislature in New Zealand, will be entirely remodelled.

Sir Julius Vogel yesterday bade farewell to the colonists of New Zealand, and his last public utterances as a colonist are printed in another column. It is not necessary to comment on his farewell words, nor is it necessary in this place to review his career. We have always given him a generous support while he was engaged in his work, and now that he retires from the arena, and opinions may be given free from partiality or prej udice, we are sure we are echoing the sentiments of nine-tenths of the people of the colony when we say New Zealand is losing a great man—a statesman who has by his own ability, energy, and sheer hard work given her a place among the colonial possessions of the Empire whicl). she was never expected to occupy for years to come. But as yet his work is not done. Long after he has left, the influence for good he has exercised over the destinies of the colony will be felt; and we can only hope, with him, that in the future we shall again have him with us witnessing the colony enjoying that prosperity the foundations of which he has materially assisted to lay the corner stone of.

Considerable discussion took place in the House of Representatives yesterday afternoon as to the bad drainage and ventilation, of the Government buildings. The Hon. Mr.. Stafford characterised the House Committee as the worst they had ever had in the course of his experience, and said that last session, owing to the careful supervision of Mr. Parker, who was bn the committee, the temperature only varied 6deg. The smells from the kitchen were also "very offensive. It might be thought that, these were, only trivial things, but undoubtedly they , affected the capacicy of members, for work. Sir Robert Douglas 1 moved that ; the vote of £BOO for the Colonial Architect should be reduced by £5, so that they might find out who was to blame. The House, however,-was not disposed to shift the blame on to the wrong shoulders, and rejected the motion by 27 against 16. On the 22nd September an address was presented to Lady Vogel by the Speaker of the Legislative Council (the Hon. Sir J ohn Richardson), and the Speaker of the House of Representatives (the Hon. William Fitzherbort), signed by the following gentlemen ;—J. Richardson, D. Pollen, W. Richmond, M. ,S. Grace, G. M. Waterhouse, Captain Fraser, G. R. Johnson, J. Johnston, R. Hart, Colonel Brett, A. Edwards, J. T. Peacock, E. Gray, J. B. A. A eland, J. H. Wigley, W. B. Rhodes, Dr. Menzies, Wi Tako Ngatata, Mokena Kohere, R: Campbell,' J. A. Bonar, J. Hall, Colonel Kenny, members of the Legislative Council ; W. Fitzherhert, H. A. Atkinson, F. Whitaker, E. Richardson, G. McLean, D. McLean, C. O. Bowen, J. D. Ormond, E. W. Stafford, W. H. Reynolds, G. H. Tribe, A. J. Richmond, O. A. Fitzfoy; H. P. Murray-Aynsley, O. Curtis, L. Harper, F W. Tesohemaker, E. Pearce, G. Hunter, R. Stout, T. Henry, J. C. Andrew, Sir R. Douglas, E. Barff, G. M. O’Rorke, W. S. Moorhouse, V. Pike, J. S. Maofariane, E. Hamlin, R. Hursthouse, J. B. Brown, F. A. Carrington, J. Ballance, S. E. Shrimski, W. R. Russell, Hori Karaka Tawiti, Hoani Nahe, H. Bastings, J. E. Campbell, W. Rowe, O. Kenny, A. Tonks, D. Reid, A. P. Seymour, W. J. M. Larnaoh, J. Macandrew, W. A. Johnston, J. W. Williams, M. , Kennedy, H. Taiarba, O. B. Button, J, Kelly, H. Mahders, J. Sheehan, members of the House 1 of Representatives. The address, a copy of which wo hope to be able to publish to-morrow, was accompanied by a handsome workbox containing two hundred guineas, with which Lady Vogel was requested to purchase some article or articles of jewellery, that, when worn, would remind her of New Zealand and the many friends she is about to leave. The following is the answer Lady Vogel sent to the Hon, Sir John Richardson and the Hon. William Fitzherhert:— “I cannot find words to thank you sufficiently, and through you my many kind friends, for

your generous gift to me. It cannot but make me happy to see that the little I have been able to do to aid my husband should be so kindly remembered. I shaU never forget New Zealand, and when I wear your present, it will only the more forcibly remind me of the happy years I have passed here, and the many land friends I leave behind. Again thanking you, believe me always your sincere friend, Maey Voqbl. Tihakori House, Sept. 22,1876.” We are always grateful for kindness, but when those kindnesses take the shape of “ collect ” telegrams perfectly incomprehensible, we’ are not sp alive to the favors of friends. For instance, last night a telegram was handed in to the New Zealand Times office on which one shilling had to be paid. The telegram ran as follows “ Look out for Dunedin Star, sixteenth October, reGuard,h,n. — R. Williamson.” We are looking out in; the hope of getting value for our shilling, but at present we merely live in hope. ; Mr. Thomson, the sage and intellectual member for the Clutha, delivered his opinion, in the House of Representatives yesterday afternoon, on the subject of the architectural and acoustic properties of the building in which so much lung power has been wasted during the last few months. He thinks that the building is more suitable for a theatre than anything else, fitted as it is with such capacious galleries, and having another point of , resemblance in that they could never get a blink of the sun. The draughts, too, are so bad that hon, members almost run the risk of their lives. In his opinion, it is like the Irishman’s gun, for it requires a new look, a new stock, and a new barrel.: His chief objection is, however, that its acoustic properties are so bad that he is not able to sit along with other Scotchmen from Otago, but has to bloom like a thistle all solitary and alone in the company of those who don’t eat porridge. This is a great hardship, but Mr. Burns is quite close, and is “ awfu Scotsh eneuch ” to make up for any two ordinary members, in fact, so Scotch that he is not only addicted to the use of the double negative, but yesterday called acoustic “ akustic."

A meeting of the managing committee of the Wellington Benevolent Society was held on Tuesday. Present: TheVen. Archdeacon Stock (in the chair), Rev. Father McGuinness, Rev. W. H. West, Rev. A. Reid; Messrs, C.P. Powles, J. G. Holdsworth, Lipman Levy, and D. Lewis. The following subscriptions were received :—F. T., £5 ; Right Rev. Bishop Redwood, £1 ; Rev. Father McGuinness, £l. Some oases of distress were considered and relieved. The secretary was instructed to convey to the family of the late Rev. R. Ward the sympathy of the committee in the bereavement they have sustained by the death of the rev. gentleman, who had been an active and valued member of the Benevolent Society since its foundation, The final rehearsal for the Choral Society concert to be given this evening came off most successfully last night, the programme being rendered in its entirety. Mr. Edwards, in a few remarks to the members of the band and chorus, complimented them on their efficiency and the just attention which they paid to his baton. The members themselves appear to entertain the highest confidence in Mr, Edwards’s ability, and there exists that sympathy between the conductor and those under his control so essentially necessary to a perfect performance. We anticipate this evening a brilliant and pronounced success for the society’s first concert this season. The Theatre Royal was fairly attended last evening, when the drama “Guy Mannering” was produced, Mrs. F. M. Bates sustaining the part of Meg Merrilies. The performance was very successful, and the applause was frequent and hearty. A farce, “ The Loan of a Lover,” was also played. . To-night “ The Colleen Bawn” will be repeated, by special desire. Referring to a local which appeared in the Evening Post regarding the prompt payment by the Standard Insurance Company of the full amount due on the loss of the steamer Matau, insured for £7OOO, we learn that the following offices contributed to such payment by re-insurance :—South , British, £IOOO ; Victoria, £IOOO ; National of New Zealand, £1250 ; New Zealand, £IOOO ; National of South Australia, £SOO ; Batavia, £SOO ; Globe, £750 ; total, £6OOO. At the Resident Magistrate’s Court yesterday a boy named Robert Parsons, charged with obtaining a meerschaum pipe from the shop of Mr. Asher under false pretences, was remanded.