MELBOURNE GOSSIP.

Waikato Times, Volume XXXIII, Issue 2680, 14 September 1889, Page 6 (Supplement)

MELBOURNE GOSSIP.

(I'ROJI OUR OWN ('ORKKSI'OXI>KN'T,J

Wiien' members in the House have done wrangling over the Budget, I suppose they will find time to take up the " Distress for Rent Amendment Hill," which has already passed the first reading. There is something in the existing law so incongruous with the principles of British jurisprudence, and withal so brutal when compared with the laws relating to landlord and tenant in other countries, as well as in most of the British colonies,

that it should find in Victoria a single advocate who is not a house-owner. Upou many other subjects the law is laxenough—leaving dozens of loopholes through which a rogue, who has swindled his creditors, may effect his escape from

ts penalties. But the law relating to andlord and tenant is so cruel, so crush-

ing, so relentlessly inexorable in its operation, that a studeut of history at once sees that it is a vestige of feudalism when laws were made by the powerful, and administered by the strong hand.

Waiving, however, the question whether the landlord should be still permitted to exercise the despotic powers, over the chattels of his tenant, with which he is now invested, there cannot be two opinions amongst honest men with regard to the property of third persons. As the law now stands the landlord is empowered toseize upon and sell whatever goods he finds in a house, the rent of which is in arrears, 110 matter to whom such goods may belong. They may be, and often are, goods obtained on the •' time payment" system, and unpaid for at the time they are seized. They may, and often do consist of goods part of which are the property of a third party. Yet both are scooped into the capacious net of the distraining creditor. Nay ; there are cases not a few in which the more valuable property of the third party is knowingly ae'ized, whilst the property of the unfortunate, or the dishonest, debtor (as the case may be) is left alone. This is what I call "robbery," thinly disguised by legal process. For my part, I see no reason why the landlord of a house should be afforded exceptional immunity against loss any more than any other creditor. But, granted that a tenant's household goods should still remain the landlord's security for the payment of house-rent, it is most unjust—a dishonest act dis honesstlj sanctioned by law—to empower him to seize, and authorise him to sell, and pocket the proceeds of, the goods of any third person which he may happen to find in the house distrained upon. If a man hire a house, and also hires furni-

at the time they are seizeu. iney may, and often do consist of goods part of which are the property of a third party. Yet both are scooped into the capacious net of the distraining creditor. Nay ; there are cases not a few in which the more valuable property of the third party is knowingly ae'ized, whilst the property of the unfortunate, or the dishonest, debtor (as the case may be) is left alone. This is what I call "robbery," thinly disguised by legal process. For my part, I see no reason why the landlord of a house should be afforded exceptional immunity against loss any more than any other creditor. But, granted that a tenant's household goods should still remain the landlord's security for the payment of house-rent, it is most unjust—a dishonest act dis honesstlj sanctioned by law—to empower him to seize, and authorise him to sell, and pocket the proceeds of, the goods of any third person which he may happen to find in the house distrained upon. If a man hire a house, and also hires furniture to put in that house, I consider that the two creditors should be placed upon an equal footing. And if the landlord has the right to seize and sell the furniture for payment of arrears of rent, the furniture broker should also have the right to seize and sell the house for the recovery of his own unsatisfied claims. The government are now attempting to sweep away this rank injustice from the Statute Book, and it is to be hoped they will be supported by a majority strongenough to enable them to get rid of such a barbarous relic of past ages. Some seventeen years ago I made the acquaintance of a Captain Stapleford, who was master of a New Bedford whaler on these coasts. He was a gentlemanly fellow, and had commanded a gun-boat in the Federal Bervice during the civil war —or rebellion, as he preferred to term it. He has made money by whaling, had a pension besides, and was then about retiring from the sea and settle down in a place which, according to his account, was an earthly paradise. It was called " Martha's Vineyard," but the name in I the stato in which it was situated has quite escaped my memory. The vineyard was ten miles square ; was cut up into blocks, each largo enough to give occupation to an ordinary family, and was the property by purchase of the occupier; was intersected at right angles by numerous broad, straight avenues; and was entirely planted with fruit-bearing trees and vegetables. The houses were all of them good, each built upon its own section : the people were prosperous, and as happy as men and women are permitted in the vineyard, though there were schools and places of worship in plenty ; aud altogether the settlement was described as an arcadia, in which only the sheep aDd their romantic attendants were wanting. If I could have fully believed all of my friend Stapleford's statements, and had been possessed of the requisite number of dollars, I should there and then have gone and planted a flagstaff somewhere in Martha's Vineyard, with the intention of living through the remaining years of ray life under the shadow of the star-spangled banner of the United States. I did not, however, quite "take it all in"; some deduction had to be made for national enthusiasm. But I need not have doubted Captain Stapleford's statements ; for what then appeared to be the dream of an enthusiast is now being more than realised in this sternly practical colony of Victoria. An almost strile Australian desert is being turned, with a radidity that appears like magic, into a garden that will more than rival Martha's Vineyard. For Mildura— the rery name ripples like the music of its own waters—has a finer climate, a noble river, canals as well as roads, and is being transformed by an Ithurisl's wand—only, in this case, the wand is a golden one and is wielded by the hand of science. It is to bo hoped that, before these lines are read, a division will be taken on Mr. McLean's motion relating to the Stock tax. Too much time has been wasted already upon a foregone conclusion. It is worth nothing here, however, that the discussion has had for one effect the declaration by Mr. Trenwith of his aspirations, and in some measure the extent and the aims of his ambition. That is, to make Trades Hall, with himself as the exponent of its views, the arbiter between the two sides of the House. As the Irish vote has to be reckoned with when any important measure is before the House of Commons, so Mr. Trenwith intends that the votes at his back shall be recognised as an important factor when any important party question is before the Legislative Assembly. He entertains some rather queer ideas, however, upon fiscal questions—such as might perhaps be expected from an uneducated French or German Socialist, but hardly such as one would look for in the person for whom the electors of Richmond unseated Mr Bosisto. One of Mr Trenwith's crotchets is that the higher you make the protective duty on imported [ articles the cheaper home-made goods of ; tho same kind become to the consumer. I, in my simplicity, have always underi stood that a protective, that is an almost [ prohibitive, duty was levied because our . manufacturers were unable to compete ; with foreigners upon equal terms. But Mr Trenwith says No. He says, in effect. | only keep imported goods out of the , colony—prohibit the importation of goods [ made by tho underpaid, half-starved, twelve hours' a day working people of . Europe, and we with our highly-paid [ eight hours' working artisans can sell the , same articles cheaper than you can import them. I don't know exactly how the ! hon. and intelligent member for Rich- [ mond figures it out. But he says it is all [ right, and recks littlo and cares less for , the circumstances that that scction of tho j community who usually pass for men of ; business don't agree with him. [ ' 5 ! ! » m " * > 5 1 .

ture to put in that house, I consider that the two creditors should be placed upon an equal footing. And if the landlord has the right to seize and sell the furniture for payment of arrears of rent, the furniture broker should also have the right to seize and sell the house for the recovery of his own unsatisfied claims. The government are now attempting to sweep away this rank injustice from the Statute Book, and it is to be hoped they will be supported by a majority strongenough to enable t'.iem to get rid of such a barbarous relic of past ages. Some seventeen years ago I made the acquaintance of a Captain Stapleford, who was master of a New Bedford whaler on these coasts. He was a gentlemanly fellow, and had commanded a gun-boat in the Federal Bervice during the civil war