THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. FRIDAY, MARCH 16, 1877.
His Honoe Judge Gillies has drawn attention to the ; iniquities capable of being perpetrated under the Debtors and Creditors Act of last session, and now in force, by some remarks on the system of using proxies. We question if ever a piece of legislation was enacted before which gave such facilities to persons to go " through the mill" and get rid of their responsibilities in the shape of debts. It is a most unfortunate thing that the continual tinkering at the insolvency laws should result in making matters worse year by year, but such appears to be the case, j The merit claimed for the Debtors and Creditors Act of last session was that it j placed all powers in the creditors' hands without the intervention of the law courts. In its operation this has not been found to workbeceficiaily'for the creditors, but it has played into the hands of persons who wish. to. tali c the benefit of the Act. There. isndw" little difficulty in getting whitewashed, for at ordinary meetings of creditors, although some of the deluded ones may talk loudly of what they will do, in very few instances does it appear that they carry out their intentions.: At? first meetings in many instances disappointed creditors are indignant, and threaten all sorts of pains and penalties. Before being called upon to give "an order of discharge ", they tone: down j and to avoid further expense, which is regarded as throwing good money after bad, they relent, and things are made pleasant for the bankrupt by his solicitor and the Trustee in Bankruptcy, the latter generaily bringing to bear any number 61 proxies from indifferent creditors, sufficient to carry a majority. Thia-is one of the worst features of tb-o present Act, for the Creditors! Trusfcce^instead of carrying out his trust for the benefit of the creditors generally appears as the counsel for the bankrupt, the latter, of course,^finding the necessary fees. That the present Act does afford most unusual facilities for "getting through" is undeniable, and can be attested by a reference to any of the public journals of the Colony. . The necessitous bankrupt is much more likely to meet with opposition than his more fortunate neighbor whogives in on the slightest pressure, glad of an opportunity of gelling rid of his liabilities and as far as publicity goes—unless a flagrant case is submitted to the scrutiny of the Supreme Court—there is little difference between them. We are averse to imprisonment for debt on principle, t because it has frequently been used as a .vehicle for,tyrannous oppression ; but we do think that the present Act has gone to the extreme of leniency, and actually offers inducements to spendthrifts and recklessly improvident perions to defraud their creditors in a barefaced manner. We trust that Judge Gillies' decision in a recent case, and his remarks thereon, will have the effect of directing a closer enquiry into the- provisions of tho Act, and also of securing an early attention to its defects with ;a view to their amend-, ment, for as at present worked the Debtors and Creditors Act is, as the learned Judge remarked, "anabominable farce," especially to the unfortunate creditors. .
To-mobkow will be the anniversary of St. Patrick, the Patron Saint of Ireland, and one of the Seven Champions of Christendom. He is supposed to have lived between the years 377 and 387, a.d , and is said to have been born at a place called
Nemthur. There are those who have placed his- birthplace in France at Boulogne, and others claim bim as a Scot by birth alleging that lie was born at Kilpatrick, near Dumbarton. His life, according to report, .was a varied one, as it is said that when in his 16th year he was seized by a band of pirates and carried captive to Ireland, and there sold to):a chief in whose service he remained forsix years. He escaped, became a monk, and went to Rome, whence he was sent by the Pope to preach in'lreland. His mission there was eminently successful, and according to accounts be founded 365 churches, and with his own hand baptized 12,000"persons. He is said to have died at an advanced age—some place it at 126 years—near Downpatrick, though the year of his death is much disputed. There can be na doubt that he did much good for'lreland'* apart from all the legends partaking of myth?, concerning him. Tomorrow is the. day ;set apart: for the celebration of his memory, and in Shortland, probably, the usual panegyric will be delivered by the Rev. Father Chastagnon.
Permanent link to this item
Hononga pūmau ki tēnei tūemi
https://paperspast.natlib.govt.nz/newspapers/THS18770316.2.7
Bibliographic details
Ngā taipitopito pukapuka
Thames Star, Volume VII, Issue 2556, 16 March 1877, Page 2
Word count
Tapeke kupu
778THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. FRIDAY, MARCH 16, 1877. Thames Star, Volume VII, Issue 2556, 16 March 1877, Page 2
Using this item
Te whakamahi i tēnei tūemi
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.