LOCAL AND GENERAL.

New Zealand Times, Volume LXVII, Issue 3441, 24 May 1898, Page 2

LOCAL AND GENERAL.

A case'* of some interest as to rate-books; heard in the Court of Appeal yesterday, a letter from Mr M. Finrscheimon a New Zealand Exchange Bank, «nd a letter to the Editor will be found on the back pace. In the Supplement to be presented with The Times to-morrow there will be a brightly-done sketch, “ Mrs Richard Ferry at the Telephone/* written for the New Hail by Elsie Todd. The miscellaneous reading will include a shark story from Florida, and an interesting article on those aquarium pets, goldfish. The specially written ladies’ columns are sure to be found eminently readable; and much valuable in* formation will‘be contained .- in those devoted to field industries. Our travelling contributor will furnish-an optimistic article on c ‘ New Zealand Butter at Home.”

Several cabmen, expressmen and other drivers of vehicles have complained of the state of the tram.rails opposite the Government Printing Office. The rails are considerably above the level of the roadway, and are a source of considerable danger to vehicular traffic.

The Customs returns for yesterday amounted to £566 3a 6d.

The Court of Appeal was yesterday afternoon adjourned till to-morrow morning for tho delivery of judgments. The funeral of the late Alfred Edward Markmann will leave his father’s feaidence, Austin street, to-morrow afternoon.

The criminal sittings of the Supreme Court at Auckland, Christchurch and Dunedin open on Monday, the 30th instant, and at Wellington, on Monday, the 6th Jffae.

“Constant Traveller” writes • “ Mr, — Kindly allow me, through your columns, to put a question to the Traffic Manager of the Government haitways; How often is a clean towel placed in the lavatory of the express from We lington ro Napier f” Mr William McLean intends applying to Pa-’dament to legislate in the direction of allowing motor carr w> be u-ed in the publ c streets, and with this end in view is giving notice of his intention in this journal and in the Government Gazette.

Mr H. Brett, chairman of the New Zealand Press Association, has wired on behalf of the press of the colony to Sir James Fairfax (Sydney Morning Herald ) and Sir John Bonythou (Adelaide Advertiser) congratulating them on their birthday honours. During discussion oh the licensing laws of New Zealand and England in the Supreme Court yesterday, the Chief Justice suggested that the legal advisers of publicans in the Old Country looked morb closely after the inI- rests of their clients whilst bills affecting the liquor trade were before the Legislature than was the case in this country.

The members of the Wellington Club entertained their Excellencies the Governor and Hear • Admiral Pearson and staff at dinner last night. The Right Hon the Premier was also present. A special feature of tho funcion was tho table decorations: which were aHistically carried out by Mrs Lockhart, tho flowers being provided by Messrs Gibbons and Go.

Cotirt Sir Gedrge Bow'en held its usual meeting labt night, Sr6..W. T, Ferguson presiding. It was decided, to hold the monthly “social” 6n Monday, 6th June. A large amount of important business was dealt with. Two candidates were initiated, and two proposed for membership. It was decided to celebrate the anniversary of the court by a banquet ou 20th July, The Chief Justice, in the Supreme Court yesterday, asked whether there was ahy provision to enable the police Id clear hotels of unauthorised persona fottnd in them during prohibited hours? Mr Skerrett, who replied in the negative, raised a laugh by adding that on the appearance of the police in a hotel persons who had no business there generally cleared of their own aoodrd.

Shopkeepers in tho less frequented portions of the city have of lata been victimised to a considerable extent by light-fingered prowlers who have apparently devoted considerable attention towards becoming proficient in the art of abstracting and carrying away goods of a portable character. The enterprising tradesman who seeks to increase his trado returns by exposing Wares in proximity to tho footpath has consequently to bo continually on the alert to guard against thtir appropriation by these unwelcome Visitors. The New Zealand Railway Officers’ Institute, at present sitting in Wellington, has elected the following officers for the ensuing year : —President, Mr J. T. W. Stevenson (Auckland); vice-president, Mr 0. H. Marous (Timaru); treasurer, Mr W. Bourke (Wellington) ; general secretary, Mr O. D. Morpeth (Wellington) ; executive committee, Messrs P. 8. Pope, P. W. Styles, G McCartney', A. B. Bright, J. Besaut, J. Faria and T. M. Lucy (all of Wellington). The business transacted by the Institute has otherwise been of a private character.

Messrs SooulUr and Chisholm have received a valuable testimonial from His Excellency the Governor and Lady Ranfurly, as to their appreciation of tho work done by the firm in carrying out the orders for Government House. By direction of the Governor and Lady Banturly, Captain Alexander (private secretary) has written to Messrs Scoul'lar and Chisholm stating they are very pleased with the way iU which tho orders for Government Home have been executed, and more especially with the carpets supplied. Great care and attention, the letter concludes, have been bestowed in carrying out all of the orders. The combined bakers’ . and , carters’ “ social,” held in Whitaker’s Hall last evening, proved a great success, over 120 couples being present. The hall was tastefully decorated, and at one end of the room tho banner of the Bakers’ Society was displayed. During the evening Mr Andrew Collins, president of the Society, was presented with a travelling bag by tbo members, in view of bis early departure for the Old Country. The Hon W. Uall-Jones, in the absence of the Premier made the presenta-, tion, the recipient replying briefly. An excellent supper was provided by Mr Skinner, of Cuba street, and the dancers were loud in their praise of the raneio supplied by Fischer's string .band. Songs, step dances and a tumbling act were interspersed between the dances by Miss Williams, the Laurence Bros, and Messrs Johnson, Baynon and O’Carron. Much credit is due to the secretary (Mr J. Bingham) and the M.’sO. (Messrs H. J. Harris, S. W. Cross and G. Fitzsimmons) for tho success of the gathering.

Messrs Harconrt arid 00. yesterday conducted an important auction sale of freehold building sites, which attracted much interest. The block of land is that which is bounded on three sides by Adelaide road, Oliver street and Hanson street, an important position long since surrounded by houses. The land had been surveyed into 10 sections, of which nine were offered at auction, and seven found buyers at prices which show that values are firm in this ci'y. The buyorsof the sections were -—No. 2, Messrs Townsend and Paul ; Nos. 3, 4 and 5, Mr T. G. Maoarthy ; No. 6, Mrs Kirkwood ; Nos. 8 and 9, Mr K. Gray, and the prices realised were t —Section 2-, 30ft bo Adelaide road, at £lO per foot: section 3, Soft to Adelaide road, at £lO 5s per foot; section 4,32 ft 3in to Adelaide road, at £ls 10s per foot; section 5,31 ft to Oliver street, at £lO 5s per foot; section 6,32 ft to Oliver street, at £8 10s per foot j section 8,33 ft to Oliver street, at £7 per foot; section 9,33 ft to Oliver street, at £7 per foot. The total sales amounted to £2169.

A reserved question as to costs in the administration action Euddenklau v. Enddenklau was mentioned to the Court of Appeal yesterday, Mr Levi appeared for Miss Euddenklau, Mr Skerrett for the widow, and Mt Richmond for tho trustees. Mr Levi said that his client was joined as representing herself and other beneficiaries. The beneficiaries now asked that their costs might be paid out of the estate. As to the costs of the widow, the unsuccessful pirty, they suggested that she should pay her own costs, as she was fighting for the advantage of herself. Mr Skerrett asked for tho widow’s costs out of the estate upon tho well-recognised principle that where a trustee undertook an obligation to administer a fund, and the law was doubtful as to the manner in which he should administer, and an application to the Court became necessary, then, if the person who invoked the assistance of the Court should be unsuccessful, yet the costs of deciding how tho fund ought to be administered should be paid out of the fund Air Justice Edwards said there were cases in point that were against the widow, Mr Skerrett said he had been instructed that the oases were in conflict. Mr Richmond submitted that the trustees would no doubt get thtir costs. They had made formal appearances. The Chief Justice said that before the Court separated its decision would be made known.

After being before almost ©very Court in the country the question involved in the case iVtayor and others of Auckland v. Speight received a final answer from the Court of Appeal yesterday. The question was the ratab lity of the Government Life Insurance Department’s offices at Auckland, where Mr Speight was local manager for the department. At the Assessment Court the j udge, Mr North* croft, held that the property was ratable. The next step was taken wtnn the Corpora* tion sued for rates on tbe property in the Magistrate’s Conrt There a different Magistrate, Mr Brabant, S.M., gave judgment against the Corporation on the ground that be considered that the Assessment Court had not dealt with one of the objections to the valuation lUt. Then the matter went on appeal to the Supreme Court, where Mr Justice Conolly expressed his opinion that as the Government Life Insurance Department was a department of the Government, the property could not be ratable. Hia lienor also expressed his opinion that he had no power to go behind the valuation roll or the decision of the Assessment Court. Con* eidermg, however, that be was compelled, as being a policy-holder with the department, to decline tbe jurisdiction, ho dismissed the appeal without costs. The appeal to the Court of Appeal was practically an appeal ! direct from the Magistrate’s Court. The Court during the hearing of argument ex* pressed its opinion that the point as to two of its members being policy-holders wi*-h the department could, by consent of parties, be waived; also that the property was not ratable. Itvnow held that it could go behind the rate-book, and affirmed the judgment of the Magistrate. The appeal was accordingly dismissed with J3IO 10s costs.

Farther argument was heard by the CouH of Appeal yesterday in a case from rbt Dunedin district, between John Chute Ellis, appellant, and John Batger and William Menzies, respondents. Dr Findlay (for Mi • im) appeared for the appellant, and Mr H. F. Johnston for the respondents. An account showing debit and credit entries between Messrs Kenyon and Hosking, of Dunedin, and the New Zealand Loan and Mercantile Age’ oy Company had been produced since the matter was previously before the Court Dr Findlay said he had been asked by Mr Sim to submit that the account was admissible, and that it showed that the New Zealand Loan and Mercantile Agency Company was really banker for Kenyon and Hosking. Mr Johnston submitted (1) that at the time the entries were made Kenyon and Hosking were in credit with the company ; (2) that the entries showed it was n«t a cash traii«action, because the words “by cash” were not inserted : (3) that the account was antedated, as the actual tarn whic'-i ihe appellant said was appropriated was not received till a month had elapsed ; (4) that the law in regard to book entries, was that they were evidence merely of the existence of the entries, net evidence that the entries were correct; (5) that if there was a reversal of entries the correction could be communicated and accepted ; (6) that Ellis had to bear an inquiry into his position to see if be was injured ; and (7) that Ellis was not injured in a single respect in these entries. In the coarse of argument Mr Justice Denniston said the company lent money to Ellis to pay the latter's debt to Kenyon and Hosking. After a certain event had happened it occurred to them to try and get rid of liability by throwing it back upon Ellis as a debt due by him to Kenyon and Hosking. This had nothing to do with the matter before the Court; it si roly showed how the thing was worked. Mr Johnston said that Eilia accepted the reveiaal. Mr Justice Denniston said he did not think Ellis could as against Kenyop anc| Hosking. Judgment Was reserved, ‘ j

Officers of the defence and volunteer forces attending the ball at Government House oa Thursday will wear full-dress uniforms or evening dress. The case of the B ink of Australasia and another and the North German Insurance Ccmp ny will not be tiken at the current sittings of the Court of Appeal. We understand that a proposal is on foot to amalgamite the Society for the Prevention of Cruelty to Children with the Society for the Prevention of Cruelty to Animals. t The pigeon and canary show of the Weilington Pigeon, Canary and Cage-bird Asaoi ciatlon will be held in ’.he Natives’ Association’s Ha 1, Willi* to day (Queen’s Birthday) from 2 till 10 p.m. The Ins-paotor of Vehicles will be in attendance at the Corpora ion offi ies on Wednesday u-nd I’bur-day, the let and 2nd June, for th** iu po«o of in,p »c*ing a'l v- hi-0-* <or -vhuffi Uctuies for the current year are required. The Lands and Survey Department has prepared a pamphlet descriptive of the Rangiatea settlement, Auckland, which will be submitted to public competition for lease on the 22nd June, The pamphlet is illustrated with Very fine photographic views of the estate, and may be obtained on application at the department’s offices, A man named Thomas McNab was committed for trial yesterday by Messrs W. G. TUstin and R. E. Bannister, J.’fP., on a charg • rf having stolen a ca*h-box containing «£22 13s 4d from the Club Hotel. This was the man met by Detective Broberg the other evening hurriedly emerging from the hotel with the alleged booty under his coat. The yearly meeting of the Tailoresses’ Union was held last night, when the following officers were elected: -President, Mr A. Collins ; vice-presidents, Mr J, Hutcheson, and the Hdn ,J;. Rigg } Secretary, MUs Daly; treasurer, Miss Austin. The president was granted sis months’ leave of absence to enable him to vis t the Old Country 4 ,

Messrs Tiislin and R, E. Bannister, J’s.P., fined six first-offending drunkards 5a each * t the Police Court yesterday morning, the alternative being 24 hours’ imprisonment. Richard Keen, who had erected a shop in Davis street without having previously obtained permission from the City Surveyor, was fined 5s with 7s costs. A charge against David H. Hastings for certain breaches of the Gaming and Lotteries Act rtas adjourned until June Ist.

A meeting of the {executive Committee of the Municipal, Association wap held yesterday afternoon. Preseht—The Mayor of Lower Hutt (Mr W. A. Fitzherbert.), in the chair, the Mayor Of Petone (Mr H. 0. Kirk) and Councillors Harcourt (Wellington) and Baylis (Melrose). It was resolved that the usual biennial conference of the Association be held as soon as convenient after the opening of the session of Parliament, and that the president and secretary be requested to make arrangements accordingly. The Stipendiary Magistrate was engaged during the whole of yosfctr.iay in making a preliminary investigation into the charges of theft against Tdhu Craig, formerly of Te Aro House. After Detective Campbell had given the usual formal evidence as to the arre?t, Mr B. C. Leary, who bad been engaged td audit the books of the firm, went into the box. His examination in chief by Mr Ollivier lasted nearly four hours, and at 5 o’clock his cross-examination at the bauds of Mr Young had not nearly finished. Consequently Mr Kenny adjourned the base until 10 o’clock to-morrow morning. Mr J. Jamieson presided at the meeting of the Society for the Prevention of Cruelty to Animals yesterday, when the inspector, Mr Smith, reported that two cases brought before the Stipendiary Magistrate had resulted in the imposition of fines. A case of working two horses with sore shoulders and backs had been reported from Otaki, and the person concerned was to be proceeded against at that place shortly. In another case, where a settler is alleged to have kept 250 sheep on ungrassed land for a week, information is to be obtained before instituting proceedings. During the past fortnight tho inspector has investigated two cases of working horses with sores, one of working a lame horse, two of flogging horses, two of overloading drays, two of injured cows, one of keeping poultry in,a sfc:allow coop, one of keeping a horse suffering froth elephantiasis and one of herding calves With pigs in a railway truck. In reference to the last-named it was stated that the custom was not permitted in America and should not be allowed here. The matter was adjourned, the railway authorities to be consulted in the interim.

Judgment id the case between Joseph Frank Dyer, appellant, d&d Frederick Arnold Bakcfr arid John Gibson Kinross, respondents, was delivered by the Court of Appeal yesterday. The appellant is executor of the will of Arthur Kowaell Baker, deceased, and the respondents are executors of the will of William McLeod Bannatyne, deceased. In the original action Dyer claimed to be entitled to a share of the property devised to Henry A. Baker by the late VV. McLeod Bannatyne. This claim was resisted upon the ground that the trtista under which t>yer Claimed, were revoked by a deed executed by Henry A. Baker during his lifetime, but not executed by the trustees. until after his death. The Chief Justice dismissed the suit, with Coats. Mr Justice Dennis bon and Mr Justice Edwards now expressed their opinion that the judgment of the Chief Justice ought to be affirmed, whilst Mr Justice Conolly and Mr Justice Pennefatber considered that the appeal should be allowed. As the Court was equally divided, the judgment under review is deemed to be affirmed. Costs were allowed on the highest scale. Leave to appeal to the Privy Council was giten on the tisual terms, and a stay of proceedings was ordered on giving security.

Ttto proprietor Of tho CaloddnianJ Hotel, Sussex square, notifies the publib that the luncheon to-day will bfe charged for, and that the announcement in last night's evening paper, that it was free, was made by mistake. Black net makes a remarkably becoming even* ing dress, and all ladies look well in that graceful fabric. The prices quoted In Messrs Veitch and Allan's advertisement are suoh as to place a lovely article in the hands of all who wish to dress economically. Messrs Macdonald. Wilson and Co* insect particulars of a farm of 559 acres in the Otaki district, which they will sell by auction At their rooms to-morrow. They advise Intending purchasers of farm properties that it will well repay Inspection either by anyone looking for a good farm or as an investment for money. It is only six miles from the railway station, with frontage to the Otaki river. The land is good and mostly in grass. Messrs A. G. Tainc and Co. will hold a stock sale at the Lower Hutt on Thursday, and another at Manukau on Wednesday, the Ist June. Messrs Ritchie and Co., auctioneers, of Willis ' street and Adelaide road, have an interesting jingle in another column. Special lines in school boots and warm slippers are advertised by Messrs Potter and Son, Lamoton quay. Messrs Whytook and Kempsell publish a list of hotels for sale.

Tenders for the erection of a house on Wellington terrace are invited by Messrs Clere, Fitz Gerald and Richmond, architects.