TOWN AND COUNTRY.

Lyttelton Times, Volume XXIII, Issue 1350, 9 February 1865, Page 4

TOWN AND COUNTRY.

Church Property Trustees.—The usual quarterly meeting of the Church Property Trustees was held in the College Library on Tuesday last, at noon. TheVen. the Archdeacon presided, the following members being present:—The Revs. W. W. Willock, J. C. Bagshaw, and B. W. Dudley, Messrs. Tipping, Restell, and Gordon. The principal business before the committee was the consideration of the debentures proposed to be issued for the purpose of defraying the expenses of the erection of parsonages throughout the diocese. As a preliminary step, it had been decided to issue debentures for the purpose of building a parsonage for the St. Luke's district, of £20 each, bearing interest at £10 per cent, secured as a first charge, on that piece of land, with the house thereon (which is now let on lease), in Oxford i terrace, adjoining St. Michael's Church, known as the Triangle. These debentures were to extend over a period of ten years, but were liable to be paid off, six months' notice being given in the local journals. Accordingly, forms of debentures were prepared and submitted to Mr. Louis, the legal adviser of the trustees, for his opinion. On Tuesday last this gentleman attended the meeting, and handed in his written opinion to the effect that the proposed forms were not legal, inasmuch as the trustees had not the power to make a first—or, indeed, any—charge upon the church property. He mentioned, however, that it was fully competent for them to effect the same object in another way, namely, by issuing promissory notes for the amount required, the corporate seal of the trustees being affixed thereto. This plan would meet the requirements of the case, the notes so issued being a sufficient guarantee for the lender. After some routine business had been transacted, the meeting broke up. In connexion with this subject we subjoin a report of the arguments in the case of Fooks v. the Church Property Trustees, which was heard in Chambers on Friday, the 3rd inst., before his Honor Mr. Justice Gresson,and which was mentioned in our impression of the folio wing day. Fooks v. the Church Property Trustees and others, 2nd action. Argument of demurrer on behalf of the defendants, the Church Property Trustees, to plaintiff's declaration in the second action. Mr. Louis supported the demurrer for the defendants. Mr. Garrick in support of the declaration. It was contended that the declaration was bad, for not. shewing any legal or equitable right whatever; that the Canterbury Association had no power to lease the premises in dispute; that at law nothing could be recovered in this action; and that the agreement for extension of the term, mentioned in the declaration, is not one that a Court of Equity will enforce; and, lastly, that the plaintiff by the laches in not coming to the Conrt for the specific performance of the agreement, before the trustees parted with the property to the defendants Packer and Bing, had forfeited all interest therein. It was also contended that the declaration was multifarious and repugnant, as combining a claim for specific performance with a claim for damages, there being no ground upon which the plaintiff could ask for damages; and relied upon Todd v. Gee, 17 Ves, overruling Denton v. Stuart, 1 Cox; and Greenaway v. Adams, 12 Ves. Mr. Garrick, in support of the declaration, contended that the defendants were estopped from disputing the plaintiff's title under the lease from the Canterbury Association; they have ejected the plaintiff by virtue of such lease, and urged that the plaintiff could combine a claim for specific perfor- | mance, with a claim for damages, such claim being in accordance with the procedure of the Supreme Court of New Zealand, and also borne out by Nelson v. Bridges; 2, Beavan and Protheroe v. Phelps; 7, DeGex M'Naughton and Gordon; this being a case where "the defendants, by their own acts, pendente lite, had put it out of the power of the Court to grant the relief sought. Judgment was deferred, the parties intimating that a special case would probably be prepared, bringing before the Court all the questions involved, at which his Honor expressed his satisfaction, as the questions at issue would thus be more easily disposed of; at the same time, his Honor remarked, as he had already taken occasion to do before, that he thought that apart from the legal questions involved, the defendants ought, in equity and conscience, to arbitrate the plaintiff's claim.

Kowai Road Board.—At a meeting of this board, all the members present, except Mr. Fawcett, the minutes of the last meeting were confirmed, and several letters read ; when it was proposed by Mr. Dampier and carried—" That the board are prepared to carry out their resolution of the 10th December, 1864, in respect to the Ashley Bridge, provided that the Rangiora and Mandeville Road Boards would co-operate; and if the aforesaid boards do not agree to this arrangement, that the Kowai Board are prepared to accept Mr. Wright's offer, viz., the board to receive two-thirds of the balance of tolls, after paying Mr. Wright £400 and the expenses of collection. Mr. E. R. Simmons was appointed collector of the district for the year, and the remuneration fixed at £60. A rate of 6d in the pound was made, to be paid on the 25th February, at the office of the board, Northport.

Legal. —His Honor Mr. Justice Gresson sat in Chambers on Tuesday last, but no cases of any public interest were disposed of. In the cases of J. A. King (deceased), and of Mary Dicken (deceased), Mr. Duncan obtained probates of the wills. In re MiUbank v. Hitches, the demurrer for the defendant was argued and allowed. Mr. Joynt was for the plaintiff, and Mr. Louis for the defendant In re Lumley and Martin, debtors, no order was made. In re R, F. Waterlow, a debtor, an order was made, on the application of Mr. M'Farlan, for a hearing on May 15, with ad interim sequestration and protection.

Princess' Theatre.—On Tuesday evening, the performances were for the benefit of Mr. Manly. The " OctoroOn " was the first piece, followed by the burlesque of " Faust." The attendance was only a mediocre one, still Mr. Manly was received in such an enthusiastic manner, as proved that he still continues a great favourite with the public.

The " Octoroon " was well played and well put upon the stage, but as it has so often been represented at our theatre, it is unnecessary to do more than chronicle its reproduction. Mr. Manly, of course, took his old character, of the infamous M'Closky,.a wretch lost to every sense of honour and even of humanity—a character which, for the credit of human nature,, one may hope only exists in the imagination of some play-wright, anxious to produce startling effects, even at the expense of probability. At the conclusion of the first piece, Mr. Manly was loudly called for, and made his appearance in the tattered clothes which he had worn in the deathstruggle. " Faust" was played even better than on its first production, the almost unavoidable faults of a fhst representation having been ably corrected. Mr. Richardson played Imogen capitally; the cool manner in which she (?) changes lovers is most amusing. An improvement is marked in the orchestra, to which, perhaps, the recent visit of the opera orchestra has in no small degree contributed. A ludicrous incident in " Faust" is the introduction of Alonzo's ragged regiment, which he styles his volunteers, and pronounces to be " stunners." A little of what, in slang theatrical, is called "gag " was introduced, one sentence of which deserves reproduction. Mephistopheles consoles some one, who complains of being sold, with the following doggrel:—" Never mind; somebody is sold every day, or so; the Governor sold us all about a month ago." The hit told, and it was vociferously applauded by the audience. Last night the pieces played were " The Dark Cloud," and " Faust."

New Variety of Wheat.—Our readers have doubtless often heard of Hallett's Pedigree Wheat, a variety raised in England, and mainly remarkable for its extreme' productiveness. In some of the southern counties it has been known to yield so much as 125 bushels per acre, and was sold for seed at three guineas per bushel. We are glad to learn that three bushels of this valuable jrariety were im-. ported last season by Mr. W. Wilson, and sown upon one and a quarter acres of his new nursery ground, opposite Mr. Ollivier's, on the Ferry Road. The crop, which is now being reaped, is an exceedingly fine one, although not sown until the 31st of last July, being about six weeks after the proper period for sowing. A fair average-sized ear yielded 79 grains of a particularly strong, bold-grained wheat; 23 stems-Were counted to one single plant, which multiplied by 79, affords the astonishing yield of one thousand eight hundred and seventeen grains from one single seed. Such a productive variety of wheat is a very valuable acquisition to Canterbury. We understand that a sample of the wheat in sheaf is now to be seen at the offices of Messrs. Aikman and Wilson. Another Accident on the Zig-Zag.—A gentleman named Bloom, on his way to port, yesterday morning, with a horse and light cart, containing butter and eggs, from Christchurch, met with a serious accident. On coming near the bottom of the Zig-Zag the horse shied across the roadway, and swung the cart over the precipice. The driver was severely contused, and the horse much bruised ; the cart and its contents are partly destroyed.

Fire Brigade.—The Christchurch Fire Brigade held their quarterly meeting on Tuesday last, at Mr. Worth's Hotel, Colombo-street, Mr. Worth preside ing. The minutes of the previous meeting were read and confirmed. The principal business before the meeting was the nomination of a company of officers and men to take charge of the new steamfire engine. The company is to consist of twenty members, namely, ten officers, including captain, stokers, drivers, and assistants, and- ten firemen. Those who were willing to become members of the company having handed in their names, it was agreed that a ballot for their election should take place on Monday next, at a special meeting to be held on that day. Some routine business having been transacted, the meeting adjourned until Monday next. Lectore.—Mrs. C. Fanshawe Evereste, a lady who has been giving lectures with great success in Victoria and New South Wales, lias arrived in Christchurch, where she intends to address the public, choosing as her subject the theme of Love and Flirtation. We believe that she will give her first lecture on Monday evening, and no doubt a numerous audience will be attracted by the novelty. The journals of the other colonies speak in such high terms of Mrs. Evereste as warrant us in anticipating an intellectual treat of no ordinary kind. Mr. Evereste is well known in Canterbury, having visited it some little time back with a panorama of the discoveries and the fate of Burke and Wills. Suspension op Telegraphic Communication. — For a few hours on Tuesday the communication between Port and Christchurch was interrupted. We are informed that the fault was 1 discovered after considerable" trouble to be between the Heathcote Valley and Ferrymead Stations. A piece of fencing wire had been hooked on to the line, and afterwards brought in contact with a .post; the lower part of the post being iron formed a perfect conductor to earth. Its removal at once restored the line to it's proper working condition. It seems improbable that such an occurrence should be the result of a lark, but it may perhaps be as well- to remind any one foolishly interfering with the operation of the telegraph, that such proceeding will render them liable to a heavy penalty, and a term of imprisonment.

Telegraphic Extension. — The line from the Bluff to the north of the Waitaki is now complete, and is ready for working when the necessary office accommodation is provided. The great difficulty encountered in the construction of the line was the stretching the wire across the river Waitaki. This has been now successfully accomplished. The line is at this moment completed nearly to the Orari, and it is believed the Eangitata will be reached by the end of this week, and Christchurch in about a month. The posts are all deposited on the route from Christchurch to Nelson and Picton. The gang which has been employed on the Otago and Southland portions are now expected here, and will commence with the erection of the line to the north immediately. Tho whole of the necessary material is now on the ground, and the apparatus in hand for the working of the line. Should no unforeseen obstacle present itself, we may hope to be in direct communication with the Bluff in three months from this.

The Mails for the South.—An advertisement in our columns announces that, in future, the arrangements, under which Cobb's coach goes through to Timaru in one day, will be discontinued. On and after Monday next the old system will be reverted to, and the coach will leave Christchurch every Monday, Wednesday and Friday, at 8 a.m., returning from Timaru on the same days, and at the game hours. There will also be an alteration in the time of the South Mail, which, for the future, will close at Christchurch on Mondays, Wednesdays and Fridays, at 7 a.m.; and at Timaru on the same days and hours. It is stated that the dangerous state of the rivers at the present time, and the difficulty experienced in crossing has to some extent necessitated the alteration.

Amateur Theatricals. —It is intended by some amateurs in Christchurch to give a theatrical performance, on Friday next, at the theatre, for the joint benefit of the Orphan Asylum and the family of the late Henry Thorpe, who are left in very embarrassed circumstances. The performance, which will be under the patronage of his Honor the Superintendent, will consist of " Still Waters Run Deep," and the farce of " Box and Cox." We hope that the kindly efforts of those who have undertaken this charitable work will be rewarded by a numerous attendance.