The Waikato Times AND THAMES VALLEY GAZETTE.

Waikato Times, Volume XXXII, Issue XXXII, 9 March 1889, Page 2

The Waikato Times AND THAMES VALLEY GAZETTE.

Knual and exact justice to all men, Of whatsoever state or persuasion, religious or political.

SATURDAY, MARCH 9, 1889.

One or two cases have come before the Magistrates Courts in this district within thci last fortnight, which have exposed very serious defects in the laws bearing on the relations between debtors and creditors, which call for an early alteration at the hands of the Legislature. The Married Women's Property Act, passed by the Parliament of New Zealand, is a very admirable measure, conceived in a just and liberal spirit. The iutention of the Act is to secure married women, who possess absolute property in their own right, acquire property by their own industry, exertions or inheritance, or are established in independent commercial pursuits, from the control of dissolute, speculative or improvident husbands who may have been disposed to seize all the" belongings of their " better" halves to serve their own base ends and bring complete ruin on their wives and chikben. The protection afforded to women under such circumstances was very necessary, and the provisions of the Act towards that end have been ample to gain the object sought. But, unfortunately it has paved the way for other purposes not intended by the Legislature ; like all good actions it has its misapplication for evil also. Men and women together have discovered in the Act facile means for the perpetration of dishonesty and fraud, and have been often found conspiring to defeat the ends of justice: and repudiate honourable obligations through the simple machin-1 ery it anbrcls'theni for so doing. In one of the instances we have cited, a case brought before Oapt. Jackson R. M., at Hamilton, a judgment creditor applied for an order against a debtor, whose appearance from Te Arohahadto be secured by the former providing conduct money, and thereby, perforce, increasing his own claim. The debtor pleaded inability to satisfy the judgment against him ; he swore he had no means whatever. Placed under cross-examination, however, it was elicited from him that he had made over his possessions to his wife for the sole purpose of evading his own honest debts. Horses, cows, drays, etc. belonged to his wife, with whom according to his own statement, he was Hving in serfdom, working for her without wages and receiving only his food. JJe had travelledto other districts to look at land with a view to purchase, and had taken contracts, but all merely as agent for his wife. With this absurd" story, sworn to in open Court, he was able to escape scotfree from his liability, the Magistrate saying he was unable to make an order, although it was clear the debtor had adopted these means to "evade payment of his debts." The case was so palpably gross, so utterly abhorrent to the spirit and intention of the law, that it is matter for surprise the Court permitted the man to triumph in his barefaced fraud. The other case came before, Mr NorthcroEt, R.M., at Te Aroha, also a claim on a judgment summons. In this case the defend-ant-debtor made the same plea of inability to pay. In the evidence it was shown that since the judgment was obtained he had earned money by contract work, had also been in receipt of seven shillings a a, day at other employment, had paid large fees to a lawyer, and had made- over some horses to a sister. Tliere was an evident determination to avoid satisfying the judgment of the Court. So thought the magistrate, who ordered the full amount to be paid by a fixed time or in default "the debtor to be imprisoned for three months. The eourso of treatment meted out byMr Northcroft was the right one, as the alternative is the only way of securing the creditor from such fradulont attempts at ovasiou. AVhore such facilities exist for dishonest practices liko these, the . difficulties of traders are vastly increased, and they often have the ' mortification of spending good money and losing time and anxiety in fruitless efforts to secure payment of claims from unscrupulous individuals whohavesheltered themselves behind their matrimonial alliances and the Married Women's Property Act. The exposure of such abuses should secure attention to the state of the law from the Legislature.