ABSTRACT OF SALES BY AUCTION.

West Coast Times, Issue 681, 29 November 1867, Page 2

ABSTRACT OF SALES BY AUCTION.

Thi3 Day. G. W. Binney, at his rooms, Wharf street, at eleven o'clock — Poultry, hams, fowls, &c

The superintendent of a New Hampshire poor house the other day asked an old roommate of a deceased pauper to dig his companion's grave, but he stoutly refused, saying : " Hang the lazy old critter, he's been loafing about here all the Spring j why didn't he dig his own grave then if he wanted one dug ?"

BANK HOLIDAY. IN consequence of Sfc. Andrew's Day falling on Saturday, the Banks will be closed on Friday, 29th November. 11295 ©lest fast Dimes, FRIDAY, NOVEMBER 29, 1807. One of the most important practical changes effected in the law of the Colony during the past session of the Genex-al Assembly, has been the enactment of an entirely new measure on the subject of Bankruptcy. This Act consists of no less than 354 clauses, and as it comes into operation throughout the Colony on Monday next, it is of some importance that at least the general tenor of its provisions should be understood. Few persons will have the opportunity of reading the Act, except through their solicitors. It is much too voluminous to be re-produced in the columns of a newspaper. Yet a very large proportion of the community are deeply interested in it, and we shall be rendering a useful service to many if, for the moment, we lay aside themes of more general or exciting interest, and endeavor to explain the provisions of the new law. The Act is divided into twenty-two parts, besides schedules. The first part consists of eight clauses, to the effect following : — The short title of the Act is, " The Bankruptcy Act, 1867." The Debtors and Creditors Acts of 1862, 1805, and 1866 are repealed, except so far as may effect their past operation or the validity of anything legally done* under them. The Act comes into force on the Ist December, 1867, and will have effect only where adjudication of Bankruptcy has been made after that date. The " tender, or securing or compounding to the satisfaction of the creditor, or other peraoii," of sums required to be paid under the Act, will be deemed payment thereof. In the case of acts to be done within a limited time from a certain date, the computation of time is to be made from the day following ; and if the date of any act to be done falls on a Sunday, or holiday recognised by the Supreme Court, such act will be valid if done on the day next following. In the Interpretation Clause included in this section, the only point worthy of note is, that the term " the Bank" is to mean the bank at which for the time the public account is kept. The second part of the Act refers to the jurisdiction of the Bankruptcy Courts and Officers. The Supreme Court and District Courts are to hare concurrent jurisdiction, both being " auxiliary to each other to all purposes of the Act " The 14th clause is a singular one ; it provides that any Registrar of the Supreme Court and the Clerk of any District Court, may, during vacation, or during the illness or absence from any other reasonable cause, of any Judge of his respective Court, act as such Judge, with' &U the jurisdiction powrr and authority of such Judge. A Registrar of the Supreme Court is to sit in chambers for dispatch of business, and while so sitting is to have the same power aud jurisdiction as a Judge of the Court at chambers would have, and such Registrar's order will be an order of the Court. The Registrar at chambers, however, is not to commit any person to prison, or to hear applications for discharge* if such application is opposed. The opinion of a Jddge may be taken on any matter arising before a Registrar at chambers, and any order of a Registrar may be discharged or varied by a Judge. Proceedings at chambers must be on summons. Costs and brokers' and other fees may be taxed. The Registrar or Deputy Registrar of the Supreme Court in each district will be the provisional trustee of every estate

brought under the Act in the Supreme Court office— and the Clerk of the District, Court, the provincial trustee of that court. The Governor may, however, appoint other provincial trustees in any district, in which case the Registrar and Clerk will cease to act as such. No officer of a District Court may be engaged as solicitor or ajjentfor any party interested in proceedings. A right of appeal lies as follows : — Where a case has ben commenced in n District Court — to the Supreme Court, and no further ; where it has been commenced in the Supreme Court — to the Court of Appeal, and no further. The time of appeal is limited *o twenty-one days, except by special permission of the Court appealed to. Appeal is not to stay proceedings under a Bankruptcy, except by order of the Court appealed from, on cause shown. The Court of Appeal may order any proceedings to be taken, either before hearing, or when deciding, that may appear to it to be proper, " although the time fixed for such proceeding has expired." The third part treats of acts of Bankruptcy in general, which are as follows : — 1. If any person with intent to defeat or delay his creditors docs any of the following things — namely, depart out of New Zealand, or being out of New Zealand remains out of New Zealand, or makes or causes to be made in New Zealand or olsewhere a fraudulent conveyance, surrender, gift, delivery, or transfer of all or any part of his property. 2. Or if any person on arrest or commitment to prison for debt, or under attachment for non-payment of money, or on detention for debt remains in custody or in prison for one month, or on arrest or commitment to prison for any cause remains in custody or in prison for one month after a detainer for debt lodged against him and not discharged. 3. Or if any person arrested, committed, or detained for debt, or under attachment, or for non-payment of money escapes out of custody or prison. 4. Or if any person after *he filing of a petition for the adjudication of bankruptcy against him by a creditor pays, givo3, or delivers to that creditor money, or any satisfaction or security for his debt, or any part thereof, with the intent that the petitioning creditor may receive more than other creditors. 5. Or if any person, with intent to defeat or delay his creditors, does any of the following things — namely, departs from his dwellinghouse, or otherwise absents himself, or begins to keep his house, or suffers himself to bo arrested or taken in execution for any debt not due, or yields himself to prison, or procures himself to be arrested or taken in execution, or procures his personal property or any part thereof to be attached, sequestrated, or taken in execution, or suffer execution of a judgment, decree, op order to be levied by seizure and sale of his personal property, or of any part thereof. Any petition for relief to any British Court out of New Zealand, having^ jurisdiction in bankruptcy, or insol-' vency, will be deemed an act of Insolvency committed in New Zealand. Part four of the Act refers to " Debtors Summons." Any creditor may deliver to a debtor in person, or at his usual or last known place of abode, a statement of particulars of debt, and a demand for immediate payment. He may. also file an affidavit of the truth of his debt either in the Supreme Court or any District Court having jurisdiction in the place, where tho debtor resides. Upon such affidavit being filed, the Court may issue a summons to the debtor to appear, and if he do not appear he^is deemed to have committed an act of bankruptcj' at the end of fourteen days from the service of the summons, unless he has in the meantime paid the amount or given security for it. \ If the debtor appear to the summons, he may dispute the claim in whole or in part, and the suit may be tried. A debt may bo admitted out of court after service of summons, but the signature must be attested by a solicitor, and the admission filed. The 40th clause is important. It provides, that notwithstanding anything in this part of the Act, a debtor shall not be deemed to have committed an act of bankruptcy in any of the several cases' in this part of the Act, unless a petition for adjudication of bankruptcy against him is ])resented within three months from the filing of the affidavit 'on which the summons was issued. Part five provides for the Declaration of Insolvency, and comprises clauses 46 to 53 of the Act. A debtor, whether in custody for nonpayment of money, or under process of contempt for such non-payment, or not, may file a . declaration signed by him, (his signature being attested by a Solicitor), that he is unable to meet his engagements w'th his creditors. The Court in which such declaration is filed, whether the Supreme or any District Court, will be " the Court" taking cognizance of his ease. Immediately on such declaration being filed, the Provisional Trustee of the Court, becomes the Receiver of the property of the Debtor, and the Court may on application restrain any action against the debtor in such case as the Court may think fit. Notice of the filing of the declaration must be gazetted; and after such Gazette notice has appeared, no execution or attachment, or proceedings against a debtor's property will be available, nor any process against his person, except such writ or process as may be had against a debtor about to depart out of New Zealand. Within four days after his filing his declaration, the debtor must file a. list signed by himself, of the names, &c, of his creditors, and the amounts due to them, and a statement of his property and its estimated value ; and " he may from time to time add to or amend such list or statement," such amendment or addition being verified by his affidavit. Any person stating himself to be a creditor of the debtor filing his declaration, may inspect the list of creditors and statement of property -filed, and have a copy or extract, on the payment of prescribed fees. Clause 52 in this part of the Act is important. It is to the effect following : — No person filing a declaration of his inability to meet his engagements with his creditors, shall be deemed to have committed an act of bankruptcy until the expiration of twenty-one days atter the notice has been gazetted. Bat

if within three clays after the expiration of that twenty-one days proceedings to obtain adjudication against him are taken by a creditor, or if such proceedings by a creditor are not so taken, then if within two days of the expiration of that three days, proceedings to obtain adjudication are taken by the debtor himself — then, in either case, but not otherwise, the debtor shall be deemed to have committed anact of bankruptcy by filing his declaration. Such adjudication, however, will not prejudicially affect any payment made, or thing done by the bankrupt between the act of bankruptcy and the adjudication, provided the payment is made or the thing done with the consent or approval of the Provisional Trustee. We have thus the novel position created, in which a debtor may place himself under the protection of the Court; secure the stoppage of all actions and proceedings against him, and have a Provisional Trustee, or ( Receiver appointed to his estate — without being in point of fact a Bankrupt, except in the event of ulterior proceedings being taken. This is a convenient point at which to pause. We shall resume our analysis of the Act in our next issue;

The first of the three groins contracted -for by Mr Hurst was placed on the beach opposite Moffat'a right-of-way yesterday evening, without that difficulty which attended the laying of the groin further north, as we are glad to say the beach has considerably made up, and at low water is free from surf. Its re-construction lias fairly commenced, and is proceeding so rapidly that the first groin laid down at the back of tho "Evening Star" office is hidden from view for, we may add, the first time. The height of the beach has increased between two and three feet, and the beach is also extending seawards, and, calculating by this rate of increase, it should regain its origiual dimensions in the course of a month, irrespective of weather, for tho heavy sea of yesterday was constructive rather than destructive in its effects. We believe the extreme danger point is passed, and that when tho protective works are completed, the resistance offered to the surf will prove effectual. We may congratulate the G-overnment upon the success which, under the active superintendence of the Diafcrict Engiueer and his assistants, has attended their efforts to preserve Revcll street ; and we moreover incline to the belief that the difficult problem of beach protection has been satisfactorily solved. The directors of the Hokitika and Greymouth Tramway Company met last evening, for the purpose of appointing a secretary and manager to tho office, vice Mr Henderson, resigned. There were twenty-eight candidates, and shortly before midnight the directors broke up, having determined that the final decision should take place this evening. The Westland portion of the Panama mail is on board the Eangitoto in the offing. We fear, from tho present state of the bar, that there is little chance of communicating with her to-day. The outward mail for Europe and America will be made up on Monday. There are two means of transmitting it, either or both of .which will be made available, viz., by the steamship Airedale, and by the overland mail. It will be seen that we announce our Summary for publication on Monday. Who is answerable for the safe keeping of the Hokitika cemetry, and its preservation from sacrilege ? We ask the question, having observed that the ground which should be held sacred is desecrated by a herd of cows that are driven there every morning, and allowed to wander amongst the graves, cropping the herbage and flowers planted bylovinghands to murk and adorn the last resting places of doparted relatives and friends. This is not the first time wo have directed attention to the ill manner in which the cemetry is cared for, and think it a foul shame that a dairyman should be allowed to convort it into a common grazing ground. We are surprised that the heads of the several religious denominations take no steps to remove the reproach cast upon this community by so bare-faced a procedure. Let a ranger be appointed to have tho sacred ground in charge. We call attention to Messrs Richard Reeves and Co.'s sale of horses, at tho nokitika Salo Yards, on Saturday next. Wo understand that the firm intends holding weekly sales at tlicir yards, thug filling a want that has been long felt. Tho arrangements of the footlights at the Prince of Wales Opera House is likely to be altered according to a plan at present adopted in Melbourne, which precludes the possibility of any of the dresses of tho dancers or actresses taking fire. By a private lotter "received from Christchurch, we learn that there is overy probability of HJUl.'tho Duke of Edinburgh visiting that city. The same lotter states that tho weather there has been delightfully fine, indeed at times quite hot and parching, but the abundant supply of water yielded by the artesian wells in the City of the Plains in somo degree remedies this evil. Vegetation is, however, said to bo suffering from lack of moisture. The escort arrived from the Waimoa under charge of Sergeant Wilson, of tho Mounted Police, bringing down 4700 ounces of gold consigned to the various Banks. The ceremony of installing the R.W.M. and office-bearers of the Westland Kilwinning Lodge will take place at the Lodgo-room, Commercial Hotel, on Saturday next (St. Andrew's Day), at 5 p.m. All members of the craft are invited to bo present, and brethren of the Kilwinnirg Lodge are requested to attend in full Masonic costume. A cold collation will take place after the ceremony. The prices of provisions in Christchurch are in startling contrast to those prevailing in Hokitika. The 41b loaf in Christchurch is sd, and fresh buttor lOd to Is per lb. if bought by the quarter. There is, however, a great drawback to this stato of things, employment is hard to obtain, and groat distress prevails. The weather yesterday, although it was not raining, was of a very trying character to thoso who are suffering from influenza cold§, now so prevalent hi Hokitika. A piercingly cold wind coming off the sea chilled tho framos of those who were suffering from colds, and oven those who were in robust health complained of the coldness of the atmosphere. Wo havo heard it stated that there is a saying amongst tho Maoris that onco in erory six years there is no summer in Westland, and it would almost seem as if this saying was this year to be realised; for, although we are

within a month of midsummer, November here would seem to resemble November in England than at the antipodes. We may mention that once yesterday a shower of hail fell, although it was of but short duration. We observe that the Plough Inn, in Kevell street, lately conducted by "Mr Walter Harris, and which was purchased by Messrs Meo and Marks, has been taken by Mr Thomas Buckley, late of the Clare Castle Hotel. We take the following from the " Press" of Thursday: — "Thero can now be but little doubt lhat the firoa which have lately occurred in Christchurch have been the work of an incendiary. Early on Saturday morning an attempt was made to burn the house lately erected by Mr Greorge Gould, at the junction of the Town Belt and Springfield road. As was the case at St. Luke's schoolroom and at the College the fire was discovered on the roof immediately above one of the gutters, and, as in the case of the former, the remains of the combustible matter thrown upon the building havo been discovered. It appears that one of Mr Gould's servants was alarmed by the crackling of burning wood immediately above her bedroom, and at once informed her master, who, without losing time in giving an alarm, got upon the roof and was enabled to put out the fire, which providentially had not had time to get a thorough hold. The portion of the roof burned is about a yard square, and had tho flames once broken through nothing could have saved the building. Mr Q-ould has offered a reward of L 250 for the conviction of tho offender.