Untitled

Colonist, Volume XXII, Issue 2567, 26 June 1879, Page 3

Election of Auditor.—The election of a City auditor takee place to-morrow. Tbe candidates are W. Clarkion and H. Edwards. ; , Professok Baldwin.—An advertisemenb in this issue announces that the Professor and Clara,Bald-; 'win will give a series of entertainments in Nelson,. commencing on the sth July. We have already quoted some of the extraordinary feats accomplished by them in other plaees, and the whole of the reports of their Bounces give details of the most extraordinary manifestations, and from these reports it would appear that the Professor is a clairvoyant of marvellous powers. ; At the Magistrates' Court yesterday, George Friend and Edward Boyce were charged with furious riding in Collingwood on the previous Monday, and each fined 10s and 7s costs. In the civil action, Turner v. Protherop, to recover the balance of the price of a horse purchased by defendant. Mr Bunny appeared for the plaintiff, for whom judgmect was given with costs £2 16s. Theatse Royal.—We remind our readers of the amateur performance to ta!;e place at the Theatre to-night. The drama " Time Tries All," and the farce " John Smith," have both been in preparation for some time past, and from the pains which have been taken to produce them with marked effect, there is every reason to expect a most entertaining performance. The programme, in addition to the pieces mentioned, contains a inmical interlude, and some capital songs will be given. These attractions, with the low prices and the object for which the entertainment has been prepared, will doubtless ensure a large audience. Adams and Kmgdon t. Gray.—ln this case, which was argued before the Resident Magistrate on Monday last, his Worship gave judgment yesterday morning. We had intended to give details of the case, but the following judgment gives a clear and concise account of the cause and defence of action :— The plaintiffs sue tbe defendant for their costs in endeavoring to obtain a conveyance under the Land Transfer Act of certain sections. Their instructions were simply to do what.was necessary to obtain a title under the Act, and they accordingly took all the eteps prescribed by the Statute. The plaintiffs were not advising the defendant as to the wisdom or otherwise of making the purchase ; they seem merely to have been employed, the purchase being already made, to get him a conveyance under the Land Transfer Act. It wot, however, discovered by the Examiner of Titles that part of the land bad been already conveyed, and the application as it stands oould not be granted. Tho defendant objects to pay the plaintiffs' costs, upon the ground that had they used due diligence by searching, as in the case of an ordinary conveyance, they would have discovered tho deficiency, and thus all tbe subsequent expenses would have been saved. The question then is whether, under the circumstances, the omission to search is such neglect of duty as to disentitle the plaintiffs to costs for the work they did and the fees out of pocket. lam not prepared to say that it is. My opinion is that in all cases it would be safer and wiser to search, but it must not be forgotten that doing so would in a great many cases be useless and that it would in every instance add considerably to that modest scale of costs, which is thought one of the attractions of the Land Transfer Act. Whether a solicitor or a broker is employed to bring land under the Act, the only duty actually cast upon him is to strictly follow the requirements of tbe Statute. The plaintiffs are entitled to judgment for the amount claimed £23 18a 2d and coats £5 17s. Resident Magistbate's Court.—On Tuesday last, before L. Broad, Esq., R.M., in the case of Acton Adams v. Temperley, of Reefton, the plaintiff claimed £41 83 interest due on £250 lent on mortgage at 15 per cent, and qbtained judgment, with costs, £3 13s.—Geo. Cook v. W. Hogg. Mr Pitt for. plaintiff, Mr Ijunny for defendant, This was a udgment summons for £30 15s 7d, and Mr Bunny argued that the defendant's discharge in bankruptcy having been refused it was necessary that the plaintiff should obtain leave of the Court ..before taking out his summons. His Worship took time to oonsider the point raised. An Marton, Wellington, the landlord of the Family Hotel, Turakina, was summoned by the police for supplying liquors to a man while ho was intoxicated. The man had stayed at the hotel from the Sfch until the 12th of May, his grog score amounting to £13 13s. The Benoh considered it a case of lambing down and fined the publican the fu'l penalty, £10. Tho poliot' afterwards brought the matter before the Licensing Court, whan the puhlioan'a license was cancelled. At seven p.m. on June 2Qih, Ashburton wus-lit up by a Urge and very brilliant meteor. The night wus lark (says the Ashburton Mail), and the glare of tbe ball of light startled a Dumber of people who believed t.iat a large building had caught fire. In the Resident Magistrate's Oaurt, Wellington, u witness, who was more than a little interested in a • umber of cases, and had caused himielf to be subuoeuaed no less tlun seven times, expected to receive 1 guinea in eaoh case, but his ojuctenance'having ■come familiar by the time the last case was disused of, his Worship considered that one fee would ja sufficient to compensate for all the trouble and loss of time inourred.— New Zealarider. Geor&b M'Lean and James Livingstone, Esqrs, both influential settlers on the banks of the Wain^ongoro, aboutthree miles from Hawera, and Arthur Meßser and Costlett Johnson, of Keteomatea (this latter of Tura Tura Mokai notoriety), have been compelled with their families, by the threatening aspect of Native matters, to Uke refuge in Hawera.

Mb F. Q-UINNES3, at the Licensing Court at Ashburton, expressed an opinion that the multiplicity of publichouaes did not diminish the .charges for accommodation, as they were higher [now* than .they were twenty years ago, and the accommodation,was, not: much better. He: spoke tlius after .an experience of over twenty-seven years in Ne# Zealand.' . The Auckland Graving Dock presented a very, busy appearance oh June 20th. 'Forty'men were engaged reooppering and reoaulkiog the German'' warahip" Albatross. \ : \::::::" r.::rz~: ■.:""..'.":: j Mkssbs Barry and M'Dowell, who have just' completod thoir contracts for the -new .Hbspital at Wellington, are said to be the successful tenderersfor the new : Supreme Court House,;the price being stated af £28.000.—JV". Z. Times. 7./ ; We have it oa.good authority that there^are no les* then 140,000: rounds' of' Snider, and, 100,000 rounds of Enfield ammunition Btored in NewPlymouth at the present time. Ik the portion of the Athenwum at Dunedin whioh wa; destroyed there wore books worth in all about £3,000. The loss by total destruction and damage is approximately estimated to come to £2,500. The books burned . were the rubbishworthless novelties. A P.D.'s Labk. — The Dimedin Herald states :— There iB a Chinese gentleman in Dunedin known as " the doctor," and the many who see him in the course of his retailing peregrinations cannot but.have noticed his sepulchral appearance. It. was this no doubt that aroused the inventive spirit of a youth who is employed in a local printing office. The doctor paid a visit to the printing office to dispose of his commodities, and while several of the hands were crowding around to examine his stock, a "bright" thought struck the youth in question. The result was that in about as much time as it takes to desoribe it, a long narrow streamer " Back from the Grave " was duly pasted and fixed on to the Chinaman's waterproof. The doctor was so absorbed in business that he did not feel the operation being performed, and, lubelled "Back from the Grave" he went up Jetty 6treet, and Princes street ;into : Walker street, wondering how he suddenly had become the observed of all observers. Arrived'iu Walker street, a great jabbering arose among the assembled Celestials, and the medical genlleinan to his* great disgust 'found for the first time that he had been giving Mr George Darrell a cheap puff. .i'l .-/■'.! i.i^'''^ The Ilev. Henry Ellis, Wealeyan minister, died at Woodend, (Canterbury) on June, 17th. He was formerly officer of a Northern cavalry troop in active service during the Maori war. > He had' also) been' & journalist, having for some time Held a responsible position on the Auckland Southern Cross paper. : At the banquest recentlj given in the North Tsland by Major Te Wheoro to'Rewi, the toast of "The Ladies " was responded to by Mrs Te Wheoro. If this example were to be generally followed by liiuropean ladies it would greatly relieve those bashful baobelor, who, oh public ooca'sions find ib so' difficult lo respond with ready gracefulness to this toast. Thk Wanganui Herald has the following:—lt is not; often a colonial-born win* the " blue-riband" of science. ' Indeed we do not know of any South of the; equator having hitherto done so; but the ice has. been broken at last as a New Zealander has been; elected to. the high honor of a" Fellowship of the "Royal Society of England. The' gentleman who has thus distinguished himself is no other than our erstwhile worthy R.M., Walter Laurie Buller, who, amid official duties .which'must have taken up quite the usual number of hours devoted to labor by ordina'y mortals yet found titna to,pursue his studies, and to bring but a moßt valuable work on the ornitho-; logy of New Zealand, aVork whiah has been praised by a Gould, studied by Finach, and welcomed by every lover of Nature. Dr Buller has won several honors in the wo'ld of science, as he is C.M.G., 'Ph. D., F.G.S., and F.L.S., and now lash but greatest he can subscribe himself F.R.S., an honor that is only given for substantial contributions to science, and then only spontaneously, which adds to its value, as only fifteen names can be added to it during the year. We congratulate Dr Buller warmly on the great dktinctioa he has earned for himself arid the Colony, and trust that Boienoe may. long/continue to be enriched by his contributions to its stores of knowledge.