ANGLO-COLONIAL NOTES.

Evening Post, Volume LXVIII, Issue 88, 11 October 1904, Page 6

ANGLO-COLONIAL NOTES.

INTERESTING LEGAL ACTIONS. MAORI LORE. (From Our Own Correspondent.) LONDON, 6th August. At Messrs. Sotheby's auction rooms there were offered for sale a few days ago a series of fine and most interesting autograph letters addressed to Mr. Alfred Domett, of Nelson, New Zealand, by Robert Browning between the years 1840 and 1847, comprising seven letters covering 23 pages quarto and sixteen covering 51 pages octavo, dealing with literary and other subiects. These letters realised £150. Last Monday Mr. Justice Kekewich, in tho Chanceiy Division, heard the'matter of the New Zealand Midland Railway Company — Smith v. Lubbock. It was an action brought to determine whether the "D," "E," and "F".debenture:; issued by the company should rank pan pai.su with the "A," "B," and "C" debentures, or whether the latter should take priority. Mr. Stewart Smith, K.C., appeared for the applicants, and Mr. Lawrence for the Industrial and General Trusts Company. Mr. Stewart Smith said that the "A," "B," and "U" debentures were pa*t of an authorised issue of £2,000,000 of 1889, and secured by a trust deed, which provided that no turther debentures should be issued until the line from Brunnerton to Reefton was opened. The line was completed and a further issue of "D," <( E," and "F" debentures was made. It was provided that if default were made in payment of interest for four months the trustees might enter and take possession, and might either sell or convert, and payment was to be made pari passu. Under powers conferred upon them a meeting was summoned on default being made in April, 1895, and in June the same year plaintiff brought an x action to administer the trust and for the appointment of a Receiver. It was in respect to the interest due in 1897 that the "D," "E," and "F" debentures were issued to secure payment of interest on the "A," "B," and "C" debentures. It should be conceded that at the date of the issue in 1895 the fetter on the further issue of the series had run off, the line having been opened. Mr. Justice Kekewich, without calling on the other side, said the question was whether the two issues ranked pari passu. He held that they did. The company had acted quite within its powers in authorising the further issue, and he made a declaration inglyOn Friday the Court of Appeal, composed of the Master of the Rolls and Lords Justices Stirling and Mathew, delivered their reserved judgment in the case of Ruben and Ladenburg versus the Great Fingall Consolidated Company, which came up on the company's appeal from the judgment of Mr. Justice Kennedy in favour of the plaintiffs. The point raised was, briefly, Avhether the company was liable hi respect of a share certificate forged by the late secretary, Anthony Stanley Rowe, on which he obtained a loan of £20,000 through the plaintiffs. At the trial the only question which was argued was as to the liability of the company to the plaintiffs by rea&on of the loss incurred by them owing to the frauds of Rowe. Mr. Justice Kennedy on the authority of the decision in the case of Shaw v. the Port Phillip Gold Mining Company, decided the case against the company. His Lordship, however, said that if he had not felt himself bound by that decision he should have preferred the view that a company was not, in such a case as the present, " legally liable to make good the loss to a third party which had been caused by the fraud and forging of its servant, wholly without authority and not for the company's purposes or benefits, but for his own private purposes and ends. From this decision the company appealed. In giving judgment, the Master of the Rolls said he did not think that the "holding out" of Rowe as the agent of the company could be pushed so far as to bring the issuing of this fabricated certificate within the class of acts that he was authorised to do. To succeed, the plaintiffs must show that this was an act within the scope of Rowe's employment, or at least that it was within the class of acte he was there ostensibly to do. On the facts of the case he had c6me to the conclusion that the authority given to Rowe only covered acte of a purely ministerial character, and that he was merely entrusted with the ministerial duty of delivering the prepared certificates to those who had applied for them. Rowe's signature might import a personal representation by himself that the document was genuine, and found a right of action against himself, but it did not import more than a ministerial duty so far as he was concerned. The representation, therefore, made by Rowe that this was a genuine certificate was not one of the acts which came within the scope of his authority, and the case against the company failed. He was clearly of opinion thaj> the facts were not sufficient to fix responsibility upon the company, and that the appeal should be allowed. Lords Justices Stirling and Mathew concurred, and judgment was entered for the company with costs. Mr. Rufus Isa<u:s intimated that the plaintiffs would consider the advisableness of appealing to the House of Lords.

The latest invention in fire-extinguish-ing apparatus is a combined chemical and steam motor engine, manufactured by Messrs. Merryweather and Sons, of London, to meet the requirements of the Liverpool Fire Brigade. It carries a6Ogallon chemical cylinder, with hose attached, and can turn out at one minute's notice under its own steam, fun at over 20 miles per hour to a fire, and discharge the chemical jet instantly on arrival. Should the fire be a large one, the main pumps, delivering 500 gallons per minute at high pressure, can be brought into service in a few seconds. The new combination machine will carry ten firemen, as well as 1000 ft of delivery hqse, suction pipe, and all necessary appliances for working. Oil fuel is used in a special burner of ingenious construction, and tanks are provided to carry water and oil for several hours' working. Superintendent Hugo, of the Wellington Fire Brigade, in reply to a question by a member of our staff, said that he did not consider it advisable to obtain a combined chemical and steam motor engine for work in this city, seeing that we have a magnificent water supply, and a powerful fire-engine for pumping water from the harbour. Spectators of a fire in Hawera last week were treated to the spectacle of firemen clad in ballroom attire scaling ladders or tugging at a leaky hose with hands encased in white gloves. This unusual occurrence is explained by the fact that when the firebell rang the majority of the Fire Biigade members were at a dance. At the call oi duty the ladies Mere unceremoniously deserted by these modern descendants of the cavalier who assured his ladye : "I could not love thee, dear, so much, loved I not honour more." Messrs. Sidey, Meech and Co. advertise that they have received instructions from Mrs. Richardson, proprietor of Sydenham House, Dixon-street, who is leaving Wellington, to sell by public auction next Friday, the whole of the contents of tho above house. Full particulars will, appear in to-morrow's issue. The timetable of the Lyell Bay 'bus for to-morrow is advertised elsewhere*

At its monthly meeting this morning the Hutt County Council acceded to a petition in which the Council was urged to appoint a certain worker to the position of ganger. Later on another petition, containing 50 signatures, begged the Council to retain the ranger in the riding. There were complaints, they said, against this ranger, and he had been politely requested to resign. Instead, he had written saying he did not want to resign, and that a number of ratepayers also did not want him to resign. "What are you going to do about it, gentlemen?" asked the Chairman. "I moved that- his serivces be dispensed with," said one Councillor. The motion was seconded and carried, and the Council went on. with the next business. The joinery work in the newly-erected Mercantile Exchange Buildings, in Man-ners-street, was done by Mr. Arthur A. Compton, of Messrs. Compton Bros. The Labour Journal for October, which was published to-day, contains the following notes upon the condition of the labour market in Wellington during last month: — Building trades: Slack, s, number of tradesmen of all branches out of work. Engineering trades : Very quiet in all branches. Boot trade : Not busy, but most men are working full time. Clothing trade : Some shops doing very little trade, otners fairly busy. Retail trade (general) : Apparently good business is being done. Unskilled labour : A number of applicants for employment have called during the month, many of them new arrivals from Australia and other places outside the colony. Good milkers are in dema.nd at present. Seventy -three men were sent to employ ment during the month. The Wellington Engineers have prepared a liberal programme for. their shooting season, which will commence next Saturday at Trentham with a teams' match. The prizes are numerous, and the season promises to be the best that the company has yet had. Messrs. Hallenstein Bros, have presented a handsome silver cup, now on view at their local branch, for an annual Grand Aggregate Match, and it will be accompanied by the company's gold medal. The two highest aggregates will have their expenses paid for the next New Zealand Rifle Association Meeting. Mr. S. Q. Ross has donated an aggregate cup for B class, and there will be various other cash prizes. The first competition fortrophies presented by Mr. Wolland and Lieut. Pedder will commenced on Saturday week, the 22nd. The inhabitants of Cambridge, Waikato, have become alarmed at a proposal by an Auckland lady to establish a home for consumptives in the centre of the town, and protests have been made to the Minister for Public Health on the ground that it would be detrimental to public health and to the interests of the town as a holiday resort. The health authorities are understood to take the view that while it would probably be preferable that such a home should be established outside the borough, still the fact of there being such an institution available for those unfortunate people who are unable to be taken into the Government sanatorium would undoubtedly lessen an existing evil, which lies in the indiscriminate housing of consumptives at Cambridge and other places recognised as beneficial on account of their climatic conditions. After many years of illness, there passed away at Havelock this week (says the Pelorus Guardian), a man who in the early days of Victoria (Australia) was a well-known character— namely, Mr. John Fitzpatrick. Born at Killeevey, County Armagh, in 1822, as soon as he was of age he enlisted and served with several regiments in different parts of Ireland. In the early fifties Mr. Fitzpatrfck migrated to Australia, and for a long time was a noted figure on the goldfields — principally at Wood's Point and Ballarat. He was one of the first to rally round the standard of Peter Lalor, the champion of the miners' cause, and took part in the fight at the .^ureka Stockade, where. Lalor lost an arm.' In 1861 Mr. Fitzpatrick came to New Zealand, joining the- rush to Gabriel's Gully; three years later the Wakamarina rush occurred, and he was amongst the first to arrive in that locality. After several years' of contracting, Mr. Fitzpatrick took up • some land in the Lower Pelorus, and for years successfully farmed it, eventually retiring to his late home at Havelock. Mr. W. B. phennells, land agent, Masterton, advertises for sale selected sheep and cattle runs ; also a block of 11,000 acres good swamp land partly drained, and timber-cutting rights for five years of 1200 acres good milling bush. The Messenger Corset Company has a special announcement in this issue re reduced prices. Messrs. Macdonald, Wilson and Co. insert advertisements in our auction column of coming sales of properties — namely: Corner building section, Alicetown ; two residences, Majoribanks-street ; two residences, Coromandel-street, and 50 building sections, Petone ; also a sale of 30 bicycles on behalf of Messrs. Oates, Lowry and .Co., to be held on Friday next. Details are published of the sale of household furnishings to be held at the residence, No. 154, Cuba-street, on Thursday next at 1.30 o'clock. Those in search of a dairy farm are notified that on Saturday next, the 15th inst., Mr. Newton King will sell by auction, at his mart, New Plymouth, Mr. John Coxhead's estate "Penearrow," containing 500 acres, all laid down in best English grasses. The buildings comprise two dwellings, stables, and necessary sheds, surrounded with shelter trees. The property having been subdivided into four sections will be sold in one or more lots to suit purchasers. Further particulars are advertised.