TOWN EDITION.

Daily Telegraph (Napier), Issue 6988, 15 February 1894, Page 3

TOWN EDITION.

Captain Edwin wired at 1.40 p.m. to-day as follows :—" North to south and southeast gale, with heavy rain and heavy sea after twelve hours from now. Rivers flooded. Glass fall. Indications of very high tides."

It wa9 stated in the Bankruptcy Court to-day that a debtor had paid a dividend of 4s 3d in the pound. His Honor seemed pleased, and said that was quite a handsome dividend for a debtor to pay in New Zealand.

The following are the latest additions to the telephone exohange :—Dr. Reed, Clive square, No. 163 ; Williams and Kettle, Bastings, No. 212 ; Nelson Bros., Tomoana, No. 213.

There are thirty-six prisoners in Napier gaol, three being women.

Tauranga was the hotest place in the colony to-day with 77 degrees in the shade. Napier registered 61. Queenstown was coldest with 52.

Mr Gresswell to-day applied to Mr Justice Richmond to have the petition granted the other day in respeot to the estate of W. L. Han well rescinded, He had obtained an order that the claims of two of his clients should be satisfied, and as the estate was a small one, and the claims had been met, nothing further was required. His Honjr resoiuded the order.

St. Paul's Band of Hope will open tomorrow night for the first time after the summer vacation, with a tea and musical entertainment. An attraoiive programme has been arranged, and as the prioe of admission is small, a good attendance may be expected.

Dr Oaro, J.P., presided at the R.M. Court to-day, when John Brown, charged with drunkenness, was remanded for medioal treatment.

The Port Ahuriri Swimming Club have arranged a handicap raoe of 100, 220, and 440 yards, and the first heat was to have been decided to-night, but owing t3 the wet weather, the opening event has been postponed till Tuesday next.

This afternoon Mr Justioe Riohmond sat in the Supreme Court, when a motion was made in the divorce action of Sheath v. t.he_th. Mr M'Lean appeared for the petitioner, and moved for the fixture of the mode aud time of trial Mr Cresswell appeared for the respondent, and contended that time should be allowed by the Court to allow the respondent to file answers to the allegations of the petitioner. These had not been filed Before for the reasin that the legal vacation could not be demand to be included in the time. Mr M'Lean said as it happened it was not of great importance, but it might have been. He contended as a matter of principle that the vacation laid down in the Supreme Court rales did not apply to the iJivorce Court. However, the oase could not come on at this sitting of the Court, and he would apply to his Honor to fix the mode and place of trial. His Honor ruled that as Rule 124 of the Matrimonial Causes Act included the long vacation, Mr Cresswell's olianl was in time to file answers to the allegations; consequently, ! he did not want time. Would the oase be tried before a jury or not? Mr Cresswell thought it would be better to have it tried before a jury. There were a number of things to be said in its favor. Mr I McLean said he did not want a jury. His Honor said it was not the usual course, in hia experienoe, to have a jury, but if either side wanted one it could be tried by that method. Mr Cresswell theD said that he would agree to have it tried before the judge alone. Mr M'Lean asked for a change of venue from Napier to Wellington. The respondent had witnesses to bring from Dunedin. Mr Cresswell said thafmight be so. The parties resided in Napier, whioh was the proper plaoe for the trial. There was some disoussion regarding the proposed change, Mr Cresswell strongly objecting to it. Mr M'Lean asked that the issue might be determined as soon as possible. His Honor fixed the plaoe of trial at Napier. A special sitting will probably be held here, when the case can be taken. Alimony, pendente lite, waß granted at the rate of £3 per week.