Poverty Bay Standard. PUBLISHED EVERY TUESDAY, THURSDAY AND SATURDAY MORNINGS. GISBORNE : TUESDAY, OCTOBER 16, 1888.

Poverty Bay Standard, Volume XI, Issue 1369, 16 October 1883, Page 2

Poverty Bay Standard. PUBLISHED EVERY TUESDAY, THURSDAY AND SATURDAY MORNINGS. GISBORNE : TUESDAY, OCTOBER 16, 1888.

The new Act to consolidate and amend the law relating to bankruptcy is one of the most stringent aud comprehensive Acts ever passed by the Legislature. It comes into operation on the first day of January next (1884.) As this Act is of special importance to all trading communities and as such especially so to ours (as the large number of insolvencies which have of late occurred here will most amply testify) we give a synopsis of it. In the “ interpretation ” property is made to include money, goods and every description of property, whether real or personal, aud every estate, interest aud profit present or future, vested or contingent, arising out of, or incidental to property as above defined of, and shall also include things in action as well as in possession. Extensive powers are vested in the Court to hear, determine and make orders in any matters of bankruptcy whatever, relating to the disposition of the estate, or where assignees may claim property from third parties, or in relation to the setting aside of alleged fraudulent deeds or other transfers of property, to punish any bankrupt or creditor, and to inflict fines in a summary way or any officers of the Court, for any negligence, or willful and unnecessary delay. By a resolution of the creditors the proceedings may be transferred to any other superior or local court. Appeal shall be from a local to a superior court within twenty-one days from date of decision. Any matter, except the public examination of a bankrupt and the granting of an order of discharge, may be heard aud disposed of by a judge in chambers, and registrars may act as such judge, with all powers, except in public examination of bankrupt or granting discharge, or committing any person to prison or hearing of appeals. Solicitors may practice in the Bankruptcy Court. Official assignees shall be oppointed by the Governor to all Supreme Courts, and shall provide security to the amount of not less than L 2,000. The assignee shall act as receiver, and may apply to the Court for advice and direction, and shall consult the wishes of the creditors. The assignee may examine the bankrupt as to his books, stocktaking, &c., so that the objects, the creditors may have in view, may be attained; may dispose of all perishable goods, and take prompt action iu auy matter necessary to protect the estate, and to report the general conduct of the bankrupt to the court. A man can be declared a bankrupt on making a conveyance or assignment of his property to a trustee for the benefit of any special creditor, or on making a fraudulent conveyance or gift of any of his property, or absenting himself from his dwelling-house or place of business, or where possession has been taken under execution, aud not satisfied within five days. A creditor, or joint creditors, may petition a debtor bankrupt, providing their single or joint debt amounts to not less than L5O, and if the petitioning creditor be a secured creditor he must give an estimate of the value of the security, and state that he is willing to give up the security for the benefit of the estate. The order of adjudication, once made, shall be final and conclusive, aud caunot be disturbed by any process at law or equity. Adjudication shall revert back to prior acts of bankruptcy for twelve months preceding. 1 he bankrupt shall, witbin three days of his adjudication, deliver to the assignee a statement of his assets, debts and liabilities, the names, residence and occupation of his creditors, and the securities held by them respectively, but may from time to time add to or amend such statement. The first meeting of creditors shall be called not later than seven days after the declaration of insolvency. The debtor must attend all meetings, and submit to be examined on oath, and his statement taken down in writing and signed by him, if required; and shall notin any case refuse to answer any questionseven providing the same questions tend to criminate himself, but such evidence shall not be used against him in any criminal prosecution, except upon a charge of perjury. The only property protected from the creditors is property held by the bankrupt in trust for any other person ; the tools of his trade, and the necessary apparel of himself, his wife and children, and his furniture to the value, all inclusive, of L 25. Any post-nuptial settlements, or a settlement made for the benefit of wife or children, or property acquired after marriage in right of his wife, shall have no effect against the assignee, unless it can be proved that he was, at the time, able to pay all his debts without the aid of the property so settled. This includes any conveyance or transference of pro perty. Any fraudulent preferences or payments made with a view of giving preference to one creditor over another within three months of insol-

venoy shall be null and void. All bills of sale executed within six months of adjudication to be noneffective. In no case shall the bankrupt be allowed to purchase his own book debts unless by a special order by the Court, Providing reasonable grounds are shown that the bankrupt contemplates evading his obligation, or defeating, delaying or embarassing the proceeding, the Court may issue a warrant for his arrest, and all books, moneys, papers, goods and chattels whatsoever belonging to him may be seized. The assignee may, on warrant, break open and enter any house where the bankrupt, or any of his property is supposed to be, and take possession of the same, or may search any house or place. All letters sent to the bankrupt to be handed to the assignee. The assignee may examine the bankrupt’s wife or any other person respecting any matters concerning the bankrupt or the disposal of his property, aud compel the production of any documents relating to the same. In the event of the bankrupt or any other person refusing to comply with any order or demand, or to answer any questions, produce any ments, &c., they may be committed to prison without bail until such order, question, &c., is complied with The assignee may examine any creditor on oath as to his claim. Any creditor who has proved his ciaim may examine the bankrupt on oath, and the bankrupt shall answer all questions put to him. A bankrupt nhall not be eligible for discharge until the whole of his property has been realised, or until he has obtained thd assent of a majority of his creditors representing three-fourths of the total value, and then it shall be entirely at the discretion of the Court as to the conditions under which the order is granted. If a bankrupt does not truly discover, to the best of his belief, all his property whatsoever, and all disposition of the same, and deliver up and disclose all documents, books, <fcc., or wilfully omits any statement relating to his affairs, or fails to disclose any false debt, or conceals, destroys, mutilates, or falsifies, or is privy to anything of the sort, or attempts in anyway to defeat the ends of justice, ho may be deemed guilty of a misdemeanor, and on conviction be sentenced to two years hard labor. Although every precaution seems to have been taken to bring the fraudulent bankrupt to justice, yet we are afraid there will be found clever rogues in abundance who will succeed still in evading the wholesome provisions of the Amended Bankruptcy Act, 1883.

Some time ago we had occasion to call our readers attention to the fact that we had reasons for supposing that certain reserves appertaining to the Hospital were being dealt with sub rasa. That we were fully justified iu our surmises the following circumstances aud facts will prove most undeniably. Now, before entering fully into the case, we think it necessary to shortly describe the exact position of the Hospital, as a public institution, supported by voluntary subscriptions. There are few residents in the district but what contribute either directly aud indirectly to it. A number give both directly and indirectly—directly when their % subscriptions are paid by themselves, and indirectly wtien they are paid by the County or Borough Councils in the shape of subsidies, which come out of the rates and taxes. Of course the Government doubles whatever amount is given privately, but then this is only a consequence following upon private benevolence. If no one gave anything, the Government would not give. So it is plainly seen that the institution is supported entirely through voluntary subscriptions The next thing to be considered is tor what purpose the Hospital is instituted and supported. It is intended to succour those who are in sickness and pain, and who are either unable, through straightness of circumstances, to afford the expense of medical attendance, or those who have not the convenience necessary to enable a medical man to successfully operate on, or deal with, any special injury or disease. The best proof as to their wide spread usefulness is the universal countenance and generous support which they invariably meet with in all communities alike. The Government of the Colony has likewise displayed the largest liberality in dealing with these institutions, and iu securing to them large and valuable reserves. Having to some extent shown some of the uses of the Hospital we must now, on the other hand, show what we conceive to be so ne of the abuses. Iu the first place what is the Hospit .1 m )me ? At the last monthly meeting of the committee it was stated by the Treasurer that the average income is about £6OO per annum ; but on referring to the Government returns we find that it was £l,OOO odd last vear The question is what numoer of patients have been benefitted by this large sum of money. On referring to the wardsman’s monthly reports we see that on the average there are generally about four admissions to four di che.iges. This equals about 50 patien's duri-ig tno year. Now a large number of these pay sufficient to meet the expenses of their support during their enforced stay, whilst nearly all the remainder pay something towards their maintenajee ; and yet it takes £lOOO a year to dispense these small mercies. As calculating to show the mismanagement which e.iists in the general working of the institution we will now p. oceed to Call attention to the matter which first claimed our notice. Some time ago the question of utilising some portion of the Hospital reserve, comprising the grounds immediately surrounding the building, was mooted, and a committee appo : to deal with the question. The committee, if we remember aright, consisted of Archdeacon Williams and Mr E. K Brown, who subsequently tt" ted to the Hospital committee that they had made some arrangement for leasing the land for seven years on terms most advantageous to the institution, and we believe a rough draft was submitted to the meeting. Nothing further is heard of the matter until the last meeting of the committee, wh<n an account of £l6 6s 6d was presented for payment. The Secretary,. Mr H. M< Kay, wished to know who had authorised the expenditure, and what it was for. Mr E. K. - Brown stated that the expense had been incurred in fencing off certain parts of the reserve which had been leased to Mr Bull for seven years upon condition that he supplied the Hospital with vegetables for a like teim. Tne Secretary and several other members of the committee expressed their surprise at the arrangement and the

manner in which it had been carried out. Dr. Pollen, to whose opinion we attach much importance, not alone because he, as medical officer to the institution, has always shown the greatest zeal in all things appertaining to its welfare, but also because of his well-known integrity of purpose, gave expression to his opinion that it was a very undesirable proceeding, and a great waste of Hospital property, also that it was a great pity that the ground should have been fenced off. After inspecting the site, we not alone agree with the several members of the committee and the expressions of the Doctor, but we will go further and state that of all the mismanagement which undoubtedly exists in relation to this institution this quietly managed arrangement is the most glaring. Here is about four acres of laud let for a term of seven years for the valuable consideration of supplying the Hospital with vegetables. To obtain Lhwfavo cable terms an outlay of £l6 6a 6d, (we do not know how much more is to follow), has been incurred. Let any of those subscribers who give both frequently and largely go aud look at what has been done. They will see that the whole appearance of the building has been marred by being boxed in on both sides within the narrow confines of two unsightly rows of ’fencing. The whole transaction is most discreditable, and we call on the committee to not alone refuse their assent to the signing of the agreement, but to take steps for the immediate removal of the obnoxious fence, and to pass a vote of censure upon those who have, unauthorised, incurred such a large amount of expenditure. We have dealt somewhat mildly with the forgoing subject, inasmuch as our object in pointing to these matters is done with the sole view of bringing about a reform which is urgently needed for the better welfare of the institution. Should these remarks have any other effect than th it of increasing the number of its supporters together with a corresponding amount of usefulness then we shall have missed our aim, but shall nevertheless return to the subject reinforced with still stronger facts and more cogent reasons.