The news magazine of the South Pacific · since 1930

Pacific Islands Monthly, 22 August 1931Vol. 2 No. 1

Native Debtors

p. 14 · Read in the full issue

Papuan Law Criticised

Comparison With

Tonga

From Our Own Correspondent.

Port Moresby, July 9.

THERE has been some discussion and some indignation has been expressed here, over the matter of native debts.

A native died owing some few pounds to a trading firm, which subsequently tendered the account to his relatives.

On asking advice from the Commis sioner of Native Affairs, the relatives were informed that they were not liable for the dead man’s debt legally, but that there was nothing to prevent them paying if they wished to do so.

Out of this grew discussion and cri ticism of the existing law, as to native indebtedness, whereby the trader has no claim against a native for any amount in excess of £5.

Emphasis was placed on the psycho logical effect of this existing law on the native mind, on the damage to his self respect, and it was claimed that nothing could be more calculated to prove to his own inferiority.

In practice traders give credit to natives for amounts considerably in excess of the legal limit, but do so at their own risk and relying upon their own knowledge and judgment of the natives concerned, and it is not often that such debts have to be written off.

It should interest those who com plain of the Papuan law to read the following paragraph in the May issue of the P.I.M., by your Tonga corres pondent, in which he refers to the evils resulting from unrestricted credit given to natives under the laws of that Ter ritory.

The time comes when the trader requires payment and the native finds he cannot satisfy the demands. The trader who gets in early promptly sues him and follows the summons up quickly with a distress warrant.

The debtor comes home one day and dis covers his goods and chattels sold up and his wife and family gone back to mother.

He sets about getting a home together again, only to discover that trader No. 2, awaiting his opportunity, has pounced on him with another distress warrant. Again he is sold up, and so the regrettable process goes on from year to year until probably some six or eight small traders have received satisfaction. . .

A surplus of small stores in the villages is a constant and indispensable inducement to the native to plunge into debt. He never thinks of to-morrow, “sufficient unto the day” is his motto, with the result that he runs up a score with all the little shops in his town.