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West Coast Times, Issue 101, 13 January 1866, Page 2

position shall wo bo placed? A Municipal Council may indeed havo the power of taxing property for the formation nnd maintenance of streets, but without a capital to start with in anticipation and in oxcoss of tho rates, it will bo very littlo bettor, and hr.vo very little more powor of usefulness than tho Improvement Committee itself.

Mn. Justice Gkkssox made somo remarks in Court yesterday, -which uliord srttisfhctoiy proof thnt' ho is not unobsoivtmt of the defects in the present arrangements for tho administration of justice iv Westlnnd. Tho enso of a debtor, who was iv gaol, and whose dischtu'go was applied for by his counsel, afforded tho opportunity to his Honor. This unfortunate mtm had sought the intervention of the Court, in its Insolvency jurisdiction, and, on the necessary papers being forwarded to Christchurch, .they were, nfter due delay, returned to ' Hokiiika, with an intimation that they should have been duly registered ' in the Registrar's Court hero At that time there was> no .Registrar's Court, and no appointment of Registrar for the "Westland district had been gazetted, or otherwise made known to the publ c. Tho consequence was a most unnecessary and cruel detention of the debtor in custody for a lengthened period. The serious inconvenience to all parties resulting from the absence of some authority, iv Hokitika capable of exorcising judicial power under the Debtors and Creditors' Act was necessarily suggested by this case. His Honor said, that he foresaw greater difficulties would be experienced, >in the equitable working of tho Act in_ Westlnnd, than in any other districtin New Zealand. This ho said would bo duo to tho non-existenco of a resident judge, or any other person qualified to dispose of insolvency business as it arose. Ho could soo no adequate remedy other than the appointment of a district judge. The power of appointing such a judge rested with the Governor under the provisions of tho Act. , Hut on referring to the Act and to iho clause cited, it will be found that until tho appointment of a district judge, a sufficient temporary remedy rests in the hands of his Honor himself. Tho 48th clause declares that " Tho Judge of tho Supremo Court in any district mny by an ' instrument under his hand, to bo registered in Iho Registry of tho Supromo Court for such district, dolegato to any porson qualified as htroinaftor mentioned, the powers hereby created of exercising tho jurisdiction and functions of tho Supremo (Jourt under this Act ; and ,tho person to- whom such delegation shall bo mado may oxoreiso such jurisdiction accordingly «s effectually as a Judge of the Supremo Court." The following clause describes tho nocesBary qualifications of persons, to whom .these delegated powers may be entrusted. . Tlioy must bo bjurixtoLvJ Or solicitors of tho Supremo Court, who havo practised in tho suferior Courts of Westminster or in tho Supremo Courtof New Zealand, for a period of thrco years, or Resident Magistrates of tho sumo official standing. Tho delegation of powers made by tho Judge must be approved by the (Jovernor and registered. It is not, however, for a moment to be assumed that tho exercise of this authority by his Honor, to meet the pressing requirements of Westland, would fail to bo ratified by the Governor. And wo repeat, therefore, that Mr. Grcssou has it within his power before leaving" Hokitika to romody a defect, of which ho himself has made so oloquout and forcible a statement. Tho absence of a resident authority in insolvency operates with equal hardship upon the debtor and tho creditor. To the former it means a chance of long imprisonment, which oilers a powerful inducement to escape from the district. The latter it threatens lo deprive of the valuable assistance of the debtor in winding up his estate, and realising the assets, out of which nlor.o the creditor can hope to realise any dividend on his claim. The general eiFect on trade may he most disastrous. ' Tho absence of tho means of immediate relief and protection is a powerful inducement to men in hopeless difficulties to hold on upon false pretexts, and for tho sake of avoiding imprisonment dissipate the very estate that is the lawful property of their creditors. On the necessity of some such arrangement as is within his own power his Honor has expressed a very strong opinion, speaking officially from his place on the bench, \imd wo are safe, therefore, iv assuming that the power conferred on him by tho 48th clause of the Act will be exercised- by him to tho manifest furtherance of justice.

In oui< next issue wo shall publish a full report of tho luto proceedings nt Ohalky Inlot, which CupUiiu Tuvubull has kindly jiroDiiscd to supply us with. Tn tho nioautuno, wo can only stalo tlyit the Kcora lui3 brought up tho cargo of tho Star of tho South, all of it moro or loss damaged, and that tho vossol herself is anything but a wreck, tiho was hauled up on the beach, and hor bottom examined, and although eoriously damaged, hopes tiro ontortuinod of ugain making her seaworthy. When tho Keora loft, sho wns alloat, and riding to hor anchor, her middlo compavlment boing full of water.

Wo presume it was from iho rarity of the occurrence' of a newspaper . mail being made up for despatch to Melbourne with an alinoil certainty of being in time to citeh tho P. and 0 steamer, that wo wore guilty yesterday of announcing the faotjn duplicate locals. Many enquiries* having boon made concerning tho nature of tbo Mining Gtffnpunioj Act, introduced by Mr Houghton, ono of the Oti.go momlew, during tho last bCdrfun of the Cfencral Asbombly, wo bog to inform our reudeis that it is intended to publish it in ctlcnso in the next issue of tho Leader,

La&t ovoning Mr Alexander's bom-fit at the Thcatro Royal was woll nttonrlod, every pmt of tbo house boing crowded. Tho porfornianco was as usual excellent, Miss Pulmorstoii tippoaring in somo of her favorito characters, delighting tho audionco with hor wonderful Protean powers and versatility. Miss Beaumont ami Professor Purlicv in their respective parts woro well nud deservedly applatulod. We, aro sorry to havo to announce tho doparturo of Mi 1 and Mrs Alexander for tho Gray on Monday, therefore thia ovoning will bo (hpji 1 jnst yi llokitiliii fov *onui (imo to oomo, TllQjo who jiayo )iq| ypt \wn\ t)|i| Ol«v^p

actress hiul bcttci 1 not lose this last opportunity of doing so ; whilst thoso who have consiantly attended hor ontortainmont will, wo nvo buvo, i'col it. imytliiug but irkaomo to spoiul a last ovoning with her who hus shown herself tho clcvorcdt artist that has yet visited our Lown.

T ho very great iuconvcnicnco experienced by (ho public in endeavouring to muko their way iiloug what may now bo called tho buck streets, bul what will ultimately be llio leading thoroughfares of Ilokitiku, might, bo abated nl a very liltlo expense 1 . Wo nolico that within tho lust few days n substantial foot bridge has boon constructed across, tho doop drain intersecting Hamilton-street at Us junction witliT'inored-stivrtt. It consists simply of n few slabs securely triused together, but it affords nn admirablo crossing- place- to pedestrians, and will provo of infinite convenience, especially to parties having business at the (Jdurt House, who have hitherto had to make their way from tho centre of tho town to that-august palaeo of juslio n , by tho most* circuitous routes. Why should not tho .sumo system of cheap loin povary aeeointnodution bo provided at other points whoro tho strcot, for tho most part passable enough, suddenly pulta up tho traveller by n broad and dcop ditch, or an impracticable picco of bog ? Why should tho -work of making tho streets, which must nocossavily bo a work of timo, bo waited for when in twenty different places a board or two thrown ncross would bo a daily convonionco and blessing to moro than- as many scores of foot-passongcrs who are engaged* in Hie avocations out oC which tho wealth of Hokitikn 'grows? Tliero is a story current of a man to whom time is tuu object, and short cuts ft matter of profit (a veritablo sp'-ennon of his class) who carries a short plank with him in lieu of a walking stick, aikl with this bridges over" tho ditches and bogs as he-comes across tli em. The public ought not to bo laid under tho necessity of carrying planks out of which oxtomporise bridges. And the naccisity might easily be obviated by tho spending of a few pound.). What a pleasant compounding of their ha'f hour'rt exorciao on fine days only, would bo a job of this sort to some half dozen of tho prisoners at present doomed to tho dons of Her iMujosty'n gaol Mr. Commissioner Salo v Sheriff, and Uu's Uainilton-st. bridgo will bo a gi'cat accommodation to him in his daily visits to tho Siiprem s Court. Ho would other bridges of the sumo kind he to many other pcoplo whoso business requires them to walk about town.

Tho criminal sittings of tho Supromo Court commence on .tlonduy next, for which day jurors aro suininonod.

Wo arc still without later datca from Dunodin tlmn (ho 22nd Dcoomber, an interval of ovor thi'co weoks.

Tlio steamship Golhonburg will sail for JEolboiu'uo tliu moriiiug shortly afror flvo o'clock. At that hour Iho YuiVn, tug, will leave- Iho wharf, 'currying jv.\Bsciigors imd tho Knglish mail. »

Tlu'oo oouits sat in llokitikti yesterday. In tlio Warden's Court tlio buaisiuss was vory uniin» portunt, consisting of one caso udjtfnrned, ,and anotlior dismissed, in consequence of the noniipi'curnnco of parties. In tlio Resident Magistrate's Court, several caso* wero again postpone:!. Hid Honor All* Jn.sl!oo (irosi-on wit (in chambers) ill tlio Supremo Oourf building.-*, mvl lioard insolvency oa.«M. Wo give ol.iowliero a full report of v very interesting «\so, involving Hie .(iiestion of the rijht of solicitors to sue clients us dobton for costs incurred ponding insolvency proceeding', and other points connected with the rules of professional practice.