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Evening Post, Volume LXXX, Issue 30, 4 August 1910, Page 6

 

By to-day's Main Trunk express the Wellington representative lacrosse team left for Auckland. Tho team will play, a match against Auckland at the North- ern centre on Saturday next. Mr. R.. W. Penlington is manager of the team. In commenting on the June quarter bank returns, imports and exports, and savings' bank returns, to-day's New Zealand Trade Review observes: — "All these statistics give evidence of an ample supply of money which is avail- able for all or any legitimate purposes. It must be admitted that in spite of thes* improved conditions there seems to ex- ist a lack of spirit and enterprise which is to be regretted." In tho course of a judgment delivered yesterday with reference to what con- stitutes an habitual criminal, the Chief Justice pointed to an apparent defect ia the Crimes Act. He .showed that a man might be declared an habitual criminal m the Supreme Court for fewer offences than a roan could Do declared an ?? a bitual offender by the Supreme Court n he had appeared before a magistrate and his last conviction was before him. lo his Honour this seemed to be am anomaly that required immediate atten- tion. Though he had some doubt about the matter, he did not think that tha Act coald be read in any way but that there w«s power in the present case (i.c , of an appeal by Thomas John Lewis) to declare the prisoner an habitual criminal, and that declaration must stand. Clause 4 of the Auctioneers Act met with little approval at the Auctioneers' - Conference to-day. The obnoxious clause enacts that the license must ba taken out in the name of the auctioneer, and not by the firm by whom he is em- ployed. It has given opportunity in the past to abuses, such as one em- ployee, , for whom a firm may have se* cured a license one week, setting un -.i» opposition the next week with the li- censo with which his former employer provided him. At to-day's meeting tLa conference adopted an amendment to tha clause, on a remit from Dunedin. Th« chief alteration consists in tlie additnu of the words "firm or company" after the word "person." The effect of th« amendment will, in brief, allow a nrm to take out a license in its own name. A motion for relief, affecting the leas© of a whare at Parparaumu, was heard at a Banco sitting in the Supreme Court to-day before Mr. Justice Cooper. The owner of the whare was Thomas Fletch- er, settler, of Oamaru, who leased it some four years ago to William Arthur D'Oindaait, fisherman, at a rental of Is a year, the tenant to spend £5 a year on improvements. Fletcher afterwards proceeded in the Magistrate's Court to recover possession on the ground of non^ payment of the rent, hence D'Oridant'g present motion, for Belief against for- feiture. Appearing for him Sir Kenneth Douglas stated that the rent had been, paid, but D'Oridant was willing ' to pay the 4s over again. Mr. Toogood, far Fletcher, said that DX)rida.nt had 1 left the place empty for mole than a year, and no improvements had been effected. His Honour mentioned that the affidavit* were contradictory, and h$ could not decide the case on them. The rent was. hnmaieri&l, aaid ac the matter depended on the improvements, he sug-* gested that, tho parties should appoint an independent person, to value tha whare. Further affidavits could be filiod a 6 to whether' a man named Pratlev tw» leasing -the whare from D'Oridant or Fletcher. The action ha the Magis- trate's Court was adjourned for four weeks, and the present motion fof on« week. .Regarding the visit of the Mayor of Gisborne to England, in connection with the raising of a loan of £100,000 odd, fehe borough council (reports the Poverty Bay Herakr) has finally decided on th*' advice of its own solicitors, not to pro- ceed any further with the controversy as to the legaSty of the position, until his return. Tke solicitors advised, inter alia, as follows : — "That it was perfectly, legal for the council to appoint th« Mayor, together with the Bank of Aus- tralasia, to act as 'ts agents, within at out of New Zealand, for raising th« loan, and that tlie power of attorney ap- pointing the Bank and Mr. Lysnar was in legal order. As regards the payment, to the Mayor of £800 for his expenses to London, we will assume that such, payment is absolutely illegal, and can- not ht> upheld by authority. Before the Mayor can be ousted of office he must be served with a summons to show cause — and that sommons can only be served upon him in New Zealand. It follow that he holds office till ousted, and that he cannot be ousted till his return to New Zealand. On his return to New; Zealand it will be open to any ratepay- er to test the question in the abov« manner, or for Mr. Lysnar to resign vol- untarily if he thinks fit. . . Every- thing the Mayor does in London in connection with the raising of Xhe loan is valid, notwithstanding any incapacity. . . . We are of opinion that whilst Mr. Lysr.ar is out of the Dominion, un- less he voluntarily resigns, no steps caa be taken, and that should he succeed in. raising the loan, all steps taken by him in raising it will bo valid. . . , We therefore advise that the council take no further steps in the mat's:*- till the May- or's return." Some months ago the directors of th« Melbourne Tramway and Omnibus Com- pany, Limited, with the view of allow- ing the employees of the company to share directly in its prosperity, decided to adopt tho system of paying them annually, so long as the present general conditions of the service remain un- disturbed, a bonus on their earnings, at such rate as might be warranted oy, the profits of the company when ascer- * tamed, and a sum of about £4500 wag immediately divided among them from the surplus for the preceding year U> 30th June, 1909, reports the Age. The profits for this year having now been, ascertained, the directors have an- nounced the payment in August after the annual meeting of a bonus of 6d per share to shareholders, equivalent to 5 per cent, per annum, and of a bonue to employees on their earnings at the same rate. The amount the employees will receive on this occasion will bo approximately £9000. St. Thomas's Hall, Newtown, was well filled last night, when a concert was given in aid of St. Thomas's vicarage and St. Cuthbort's management fund. The programme was a good one, and was contributed to by Misses Christie, Chis. holm, E. Rouse, Neilson, Phillips, Mrs. Phillips, Master Christie, Messrs. Eeed, Frobert, Haycroft, Robbins, Avery, Creed/ and King, the last two being very successful in their "budget of non- sensicalities."^ An effective item was a scene from fairyland, in which a number of children were prettily grouped on tho stage. The entertainment, which is to be repeated this evening, concluded with tko farce, "My Wife's Relations." • Here's a. valuable hint : When you shift, employ the N.Z. Express Co. You cau then rely on, your goods being skilfully packed and carefully handled. Storage to let.— Advt. Saturday next will see the last day of i ono of the most successful sales every hold in Wellington, and 'for the last few dnya ! wo want to clear out every garment oil ■ this seasou'e stock. Stocktaking will be ' here, next month, artdi we must not carry • winter goods over — henco we adopt radical measures to foroe them out. Tho prices are cut in half, which brings die garment . below costr— in fact, leas than cost of bar* ma.teria-1. This is an. unusual opportunity, and must be snapped up quiokiy if you ! would profit by rt. Come to-day to th» last few dajw of C. Smiiita, Ltd., great winter sale Lastly SoturdVx. nflxj, 13t*l A»g«st t >.-A*rt»

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