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Poverty Bay Standard. PUBLISHED EVERY TUESDAY, THURSDAY AND SATURDAY MORNINGS. GISBORNE : THURSDAY, SEPTEMBER 20, 1883.

The decision given in the case Wilmore v. Cooper last Friday, in our R.M. Court has caused a considerable amount of astonish- • meat in all circles here, but more especially I amongst the trading community. The qaes- ' tion of the use and abuse of bills of sale is

one which has for many years occupied a large amount of attention on the par« of legislators in all parts of the world. It cannot be denied but what the proper use of them is a very great boon to the community at large, as they enable a man who may be suddenly thrown into temporary difficulties to raise money by a very expedient and simple process at a small pecuniary sacrifice, and still retain the use and possession of his goods and chattels. But, then, on the other naiid, we know of no one single instrument which has been legalised by the Legislat ire for the benefit and assistance of trade aud business, which has been more abused, and which offers greater facilities to the knave fur the carrying out of any nefarious project having for its object the defeating of the just claims of his creditors. As a proof of this we cite the case above alluded to. A man comes to a place, bringing with him (what is supposed to be) his wife and family ; registers his children in the usual manner, selling fox th that they are the offspring of hiinsrll and wife; and money is deposited and cheques signed in the name of Mrs So-and-so. He then goes into business with what is supposed to be his aud his wife’s money, which he squanders away, aud when he finds that his creditors are pushing him he arranges with her to negotiate a bill of sale. To do this, it becomes necessary to dispel that cluud of deception which they have been at so much paius to create. The supposed wife now assumes the character of Miss So-and-so, aud the Bill is drawn up by Mr So-and-so iu favor of a person in their employ for a certaiu sum even the amount of which he swears lie did not know until some time afterwards, and then only from independent and outside authorities. He also swears he never received one penny of the consideration mentioned. In fact, he is made the medium and the tool whereby this scheme is to be perfected. The bill is then transferred to the supposed wife, and thus one of the most glaring and palpable abuses of the bills of sale system is perfected. In the case above quoted it is admitted on all sides that the bill was executed for the purpose of securing one creditor to the prejudice of the remainder, that the bill was also executed in the first place in favor of a person who had received no consideration whatever, aud who was even ignorant of its very contents. The whole transaction bears the unmistakable appearance of fraud, more especially on account of the relationship which exists between the two immediate parties originally concerned in the arrangement. What more easy than to concoct documents ad libitum between them at any time, just as the occasions arose. No one can for one moment suppose that any conscientious scruples would deter the one person most largely concerned from currying out any move that he found necessary to bring the case to a successful issue, lhe judgment given can have no other effect, amongst many others, than that of necessitating the production of the marriage certificate before any tradesman can saiely give credit to any man who is living with a female, otherwise it may turn out when he wants his money that she is a Miss So-and-so, who is only falsely representing a wife. At any moment the debtor may cunspire with his paramour for the purpose of fraudulently depriving his creditors of their just dues. In the interests of the trading community in general we hope the question will be further ventilated, if for no other reason than that, should the transaction prove to be lawful, the attention of legislators may be shortly culled to the case, with a view to the speedy alteration of a law which legalises such a transparent and barefaced wrong,

On the evening of Sept. 12 our contemporary sent forth a must eloquent and pathetic appeal in the following touching and excited strain : — ‘ Let us, us a community, rise to the occasion, and at once take steps, <fcc., &c, “ It. i not a matter to be delayed or trifled with aa of little or no consequence. It is a matter of vital importance.” 1 his frantic appeal, ■ ike ail other subjects taken in uand by our far sighted and disinterested (?) conteinpor ary, lias resulted in another fiasco. Like 'nwy matter touched upon by them, the subject of the night soil contract was merely oroug >t forward from u purely a- •ifish and r. vengeful fueling on the pa t of the insligators to this agitat ion. Can any one possibly doubt this ? Knowing this full well, we patiently waited the result, and our patience lias met with its just reward, as the report of llie Committee (which will bo found in another column) appointed to enquire into tile matter, will most amply demonstrate. This “ matter of vital importance ” which the community are frantically implored to rise against, and “at once take steps ” in, nas been quietly disposed of in the fobowing report: “ The Inspector also stated that he had no fault to find with the manner in which the present contractor for the removal of night soil performed his duties. As a committee, we u.so wish to record tnat, us far us our experience goes, the duties of the contractor have been curried out in u regular and satisfactory manner.” Now, us we have no “ crow io pick ” we approach the subject purely on the broad basin uf impartiality, and view the matter simply from u public stand point. We must grant that Air Baknaro certainly hud just and proper grounds for complaint, at the same time we must say that the causes of complaint are very few indeed and that the contract has been carried out iairly on the wnvle, and that the contractor has amply excused himself for thia, say, some half dozen instances of proved carelessness by the fact that he, being unwell, was com pulled to engage the services of an assistant who failed to perform the duties properly* in the several instances complained of. Of course the contractor alone is responsible for the du« fulfilment of Ins duties, at th« same time his excuse is solid and reasonable, and a repremand such as that, conveyed in the letter sent to him, will fully meet the require meets of justice. But with respect to the more numerous complaints of overcharge, we certainly think and know them to be well grounded, at the same time there is little doubt but what the Council i- much to blame in not properly advertising the conditions of contract, together with the scale of charges. Had this been done in the firat instance, it would have saved the present bother In conclusion we beg our enterprising (?) con . temporary not to be disheartened, hut, to remember the nursery rhyme they printe-l the other day, and to “try try again.” and no doubt they will make a lucky |hit (if only by accident) before long.

A mob of horses were brought over from the Whautaupoko on Tuesday by Mr B irker and impounded. Members of J Battery attending the Hospital Ball to-morrow night are requested by Captain Winter to appear in uniform. The best periodical for ladies to take monthly, and from which they will receive the greatest benefit, is Hop Bitters. Read. In our last we called attention to the dangerous state in which the rails had been left last Saturday. We hear that Mr J W. Nolan, solicitor to the Borough, has taken action in the matter, ari l th it the case will come b ‘fore the R M. Court ’o-d »y. A meeting of the “ Gi-borne Sable Orphans” was held on Tuesday ev n g at the Masonic Hotel Mr 8. ott was a; pointed conductor ; Mr W. J Witty, chorus master; Mr Fraser, stage manager; Mr Ratcliffe, treasurer, and Mr J. G. Henderson, secretary.

Mr B, C. Fryer announces that he will hold a sale on Saturday next. See advt.

No hospital needed for patients that use Hop Bitters, they cure so speedily at home. The Registrar-General’s report is published on page 4, and the conclusion of our Borough Council report appears on the first page. The Town Clerk notifies to the public that the price for removing night soil is one shilling per box.

Singer’s Sewing Machines, 2s fid per week. Repairs, parts, etc., to be had at the Singer M ciufacturing Company’s Depot, Gladstone road.

Storekeepers and others are notified by Mr Chas, Thorpe, that ne will not be hold himself responsible for any debts contracted by h’.s wife, Mariatnia. Thousands die annually from some sort of kidney disease, which might have been prevented by the timely use of Hop Bitters. Mr John Drummond, engineer and surveyor, begs to acquaint his friends and acquaintances that he has commenced private practice and will undertake any w rk entrusted to him. Mr Drummond’s long experience anil undoubted abilities will no doubt ensure him liberal support.

The beautiful brown entire horse Foul Play, who stands 16 hands high, and was bred by the late W. J. Alallock, Esq., of Canterbury, whose pedigree is of such high rank, and whose progeny is so well known and appreciated, he will stand this season at Riverslea, Te Arai.

Piscatorious is a beautiful jet black horse, about 16 hands high, by Traducer, dam Fanny Fisher, bred by Mr H. Fisher, of Victoria, by Fisherman, dam Coquette, by Launcelot. He will stand this season at Riverslea, Te Arai. Mr B. C. Fryer will hold his first auction sale on Saturday next, the 22nd inst, at hi* Horse and Carriage Bazaar, Lowe .Street, when he will offer for sale, a double-seated buggy (almost new) with appointments all • omplete ; one express ; one American dit'o. a quantity harness, Ac., and a numb i of good hacks and harness horses.

At Messrs Fraser & Wyllie’s sale at Makaraka, a few head of cattle changed hands, and an offer was made for tne whole mob, but the inducements offered were not sufficiently satisfactory to lead to business. The web known bull “ Kobin Adair ” went off at £B. Bayers weie limited on account of the scarcity of feed just now. A number of first-class hacks have been entered for their Saturday horse sale. On Saturday next a rifle contest will be commenced between the four gun detachments of the J Battery. Two squads, No. 2 aud 4, will compete next Saturday, aud squads No. 1 aud 3, on the following Saturday, and the two remaining squads will compete for the final honour on the third Saturday hence. The distance will be 200 300 400 and 500 yards, 5 shots at each range. The warning squad will receive 20 rounds of ammumtiuu, each man.

A word of caution is necessary about the ink-pencils which have come so much into vogue lately. A most useful implement to the business man, this inno-cent-looking peucil can be easily converted uno a moat treacherous friend, aud on consideration should be used io write signatures. The composition of the pencil is a peculiar combination, highly poisonous iu itself, and—nereiu lies the danger to signature writers—competent to give vfi two or more impressions on dumped paper—nut tissue paper, be it understood, but ordinary uniting paper. Attention Was first directed to the peculiarity by an official of .he Bank of New Zealand, and ex periments proved the easy practibility ol making a clear copy of the rilling in of u cheque with this ink-pencil. First, the writing of the cheque is transferred —upside down, of comae—to u slip of damped paper, and from that transferred—right side up—to another slip of damped paper.

Experience has shown that the head uf the English Government requires to be forced in ueal.ng with bno Polynesian question. The Orilißii flig was only plumed ou the Middle island of Aew Zealand because it was ac. 1dentally discovered that a French snip was on its way to Akaroa for the purp >se ot making the iSiand a French dependency. New Caledonia was lost to our country because of the disregard of the earliest representations m ide by sir George Urey. Fiji was not adopted us a Colony until it promisuu to become a disreputable Aisutia i’lie evil-' lesulting from tne loss of New Culudomu and tne advantages arising from annexing Fiji aie su patent tnat- it is nut to be wondered at that tne late of the other islands is regarded with intense interest. Greatij additional importance is given to the subject by tne prosecution of the Panama Cuum. vV hen tuis wort is completed some of the groups of islands will possess immcmsejwealth a retail dealer ou Michigan Ave UU(J secured a uew customer iu the person of a wt . U-dressed udy, wliv|„urdered uud paid for a large bill ot groceries, due grocer wab desirous ol Keeping her trade, aud, therefurß when she cauie again aud paid gj m half’a dollar wltll a Hole lu It, auioug ot h or change, he received it aud said uoching. hl ext day lie was Obliged to uke a not | lsl auu during trie next week she h au d e d out a dozeu cuius whicu uad the dreaded holes letting dayugUt tlirougu them, finally, a little gul cauie iu one day aud eu, lulred _

‘ls this tne puce wucre ma trades?' ‘ Wh > is your ma?' 'Mrs ■ — ‘ Ye a , tiiiu is the place ’ ‘ di then 1 want a pound of crackers.’ T“oy were doue up fo r her, ami she bunded over a quarter, which was buttered a 3 well as punched. ‘ Can’t take it, siusy, ouid the grocer. ‘Why nut? ‘ Because there is a hole in it.’ ‘ Don’t you take ’em any more.’ ‘No.’ ‘ Well, this was the lust one mu hud, aud she was going to our old grocer us soon as we got rid ot it. 1 gueos she’ll have to give this to the orphans.’

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/PBS18830920.2.8

Bibliographic details
Ngā taipitopito pukapuka

Poverty Bay Standard, Volume XI, Issue 1358, 20 September 1883, Page 2

Word count
Tapeke kupu
2,421

Poverty Bay Standard. PUBLISHED EVERY TUESDAY, THURSDAY AND SATURDAY MORNINGS. GISBORNE : THURSDAY, SEPTEMBER 20, 1883. Poverty Bay Standard, Volume XI, Issue 1358, 20 September 1883, Page 2

Poverty Bay Standard. PUBLISHED EVERY TUESDAY, THURSDAY AND SATURDAY MORNINGS. GISBORNE : THURSDAY, SEPTEMBER 20, 1883. Poverty Bay Standard, Volume XI, Issue 1358, 20 September 1883, Page 2

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