The Timaru Herald. WEDNESDAY, SEPTEMBER 22, 1886.

Timaru Herald, Volume XLIII, Issue 3736, 22 September 1886, Page 2

The Timaru Herald. WEDNESDAY, SEPTEMBER 22, 1886.

Our northern files contain reports of the proceedings m the most recent casea brought against members of the Salvation Army iv Napier for breaches of the borough bye-laws. An interest of an entirely new character now attaches to the proceedings, and the final result will attract attention m a good many places besides Napier. Our readers will remember that on tho first occasion when the Napier authorities endeavoured to put the byolaw m force the Resident Magistrate pronounced it to be ultra vires and declined to deal with the informations laid under it. The Borough Council thereupon appealed, and the Supreme Court pronounced that the Resident Magistrate was wrong. Subsequently other informations were laid, and the Resident Magistrate upset them on the ground that there had not been tho interval required by law between the adoption of the bye-law and its confirmation. We have waded through tho judgment, which is of considerable length, and must confess that wo are unable fully to comprehend the reasoning on which its conclusion is based. The fault, however, may be our's and not the magistrate's. On this second occasion the Napier

Borough Council was no better satisfied than it was on the first, aud, acting no doubt on the advice o£ the Borough Solicitor, has again appealed to tho Supreme Court, li the Napier bye-law is bad, for the reasons stated by the Resident Magistrate, there seems some ground for supposing that the bye-laws of many other borough councils are bad also. Tho Hawkcs Bay Herald has the following remarks on the case : — " If it [the judgment of the Eesident Magistrate] is sound, then most of the bye-laws passed not only m Napier, but m every municipality m the colony, are bad. It is the almost universal custom of municipal governing bodies to meet cither once or twice a month. The intervals between tho meetings have always been regarded as " two weeks " or " four weeks." Bye-laws havo to be adopted at one meeting of the governing body and confirmed " four weeks " after. The Napier Borough Council meets on tho first and third Wednesdays m each mouth, and tho practice has been to confirm a bye-law passed at the first meeting m ono month at the first meeting m the next month. Sometimes this means a lapso of five weeks, but generally only four weeks. "Where rive weeks have intervened between the adoption and confirmation of a bye-law it is undoubtedly legal. But Captain Preeco has ruled that where only four weeks elapsed tho bye-law is bad. Ho reasons that from, say, Wednesday the 13th of one month to Wednesday the 11th of tho next month is not legally " four weeks," but that tho four weeks must bo clear, and exclusive of tho day on which a. bye-law is confirmed. Tho point is purely a legal one for legal hair-split-tors to decide. It has never been raised beforo ia New Zealand, and it is most essential that a higher Court hliouKl be asked to decide the point. If Captain Prceco's decision is upheld, moro than one-half of our bye-laws arc undoubtedly bad, and nearly all other boroughs aro m a similar predicament. The question has passed entirely beyond its original limits as to the validity of the processions byelaw, and now affects the validity of many other bye-laws." » Tiik opinion given below was forwarded to us by a correspondent who thought that its publication might be of service- to somo of our readers. Its interest arises from the circumstance that instruments of tho kind referred to are not uncommon m Timaru, and that tho reasons are here given for gravely questioning their validity. Any comment by us on the opinion would be out of place, but it is clear that the point at issuo should bo authoritatively settled as soon as possible. The following is the opiniou: — Deak Bin, — You nsk my opinion whether you can eafcly secure yourself for an advanco of £500 to Mr by taking an nsjignment of his bill of salotoMessrs . My opinion is that you cannot «afely do so. The bill of sile contains the following clauses: — "Provided always that if the said promissory note bo not duly paid at maturity, or if on euch demand as aforesaid default shall be made m payment of such sums of money commission and interest us shall then bo duo and owing on tho security of these presents, or m case of any breach or non-performance of any covenant herein contained and also irhether any demand or default In payment of any money hereby neitireil, or any breach vf any covenant herein contained shall have been made or not, or if the mortgagee* shall think it necessary m their own interest* so to do, it shall bo lawful for the mortgagees to sell, etc." The clause m italics ii obviously identical with that which incurred tho censure of Hia Honour Judge Ward m tho recent case of Ilansen v. Sanderson, although it was not then necessary for tho Court to decide upon its validity. It appears to me that this clause is fatal to the bill of sale— not perhaps as between tha parties, but certainly as against outside creditors. I understand, and I cordially assume, tho bona fides of tho transaction. I infer, however, from the contents of tho deed, that it includes all the available property of Mr . But admitting that tho loan intended to be secured was a bond fide present advanco of the moncv, this clauso is inconsistent with its being an advance at all. Mr is, by virtue of it, merely a depositary of the amount until it shall please Messrs ' m their own interests' to recall it. In the language of the cases, it was not ' an advance of money which he can apply to his own use' Tho moment he received the amount secured, it was lawful for Messrs to take it back again. I am awaro that it has been common to purchase bills of salo to securo accounts current payable on demand, and under certain conditions not always attendod to, I think such instruments can bo supported. But here thero is not oven a demand. Nor do I forget that Iho clauses usual m bills of salo aro unavoidably stringent, and that on breach of any ono tho mortgagor may bo sold up. But hero again thero is an obvious distino tion. The property comprised m a bill of sale i3 of such a character that its continued adequacy a3 a security deponds largely on the way it is dealt with by tho mortgagor ; and a good bill of salo ought therefore to contain provisions enabling tho mortgagee to take action on any abuso by tho mortgagor of his position. Under these clauses, therefore, it is always tho mortgagor's own fault if the power of Balo is oiercised. Such is not the case under this deed. CnAB. J. ITostbb. Geraldino, Sept. 20lh, 1886. Tho secretary to tho Timaru High School will attend at the High School on the mornings of Monday and Tuosday next, to collect tho fees. Parents of pupils aro reminded that if the fees are not paid, pupils will not bo allowed to attend the school. The Timaru Garrison Band intend giving another open air concert on Sunday noxt m the vicinity of tho breakwater. Tho programmo for tho concert will be the samo as was playod on Sunday last, and this will be tho band's last appearanco m public, previous to tho giving of their grand concert on the Oetobor show and raco nights. During th 9 concert on Sunday two gentlemen aro to go round among the crowd and collect subscriptions on behalf of the hospital ; to m fact inaugurate the movement of opon air '■ Hospital Sundays." Temuka is not to be outdone by Wellington. Immediately upon learning that the capital was favoured with tho visitations of an orthodox white-clad ghost, Temuka dovoloped similar symptons. For somo nights past peoplo whom business or pleasure has led to pass down the road by the Park at night, havo seen a figure "robed m white samite, mystic, wonderful," wandering round tho vicinity of the pound. Several people have beon Beared by tho apparition; others less timid, have tried to approach it, but m vain. It eludes pursuit with amazing agility, and one or two sceptics havo been almost astonished into bolief by its apparently superhuman avoidance of pursuit. We beliove, however, that a number of unbelievers intend to try whether his ghostship is impervious to the colonial stockwhip or not.

Tho G.V.B. Dramatic Club will play " The | Irish Emigrant " and " That Boy Pete " m tho Catholic Boys' School to-morrow evening. Judging from what wo havo seen of this club m their past performances, we should Bay that a most enjoyable evening will be spent by all who pay the schoolroom a visit. Our readers are reminded that Mr W"U am Davidson, of tho Australian Mutual Provident Society, will lecture on "Charles Dickens " m the Oddfellows' Hall, Sophia Btreet, this evening. About a quarter of on hour will bo devotod to Life Insuranco and tho rest of tho evening to Dickens. Tho admission to the lecture, which commences at 7.30, is free, and we shall expect to sea a full attendance. A fire brole out on Monday night about 11 o'clock, m a three roomed cottage at tho Orari, belonging to Mrs J. Johnson, which m a short time destroyed the entire building and nearly all tho contents. Mrs Johnson was from homo at tho time, a grown up daughter, and a boarder being m tho houßO. The firo is supposed to have originated from a dc3cctive flue m tho kitchen, and onco the flames got hold they burned with great violence until tho whole place was destroyod. A sowing machine, tablo, and ono or two email articles of furnituro were saved, but the bulk of tho household goods and some £30 m money wns destroyed. Tho building was insured for £75 m tho South British, and the furniture for £25 m the oamo office Tho loss will be about £30 or £40 over tho insuranco. The following aro the names of the winners of mednls at tho Mackenzio County Caledonian Society's sports gathering : — Tho Mackenzio County Culodonian Society's medal, value 2 guineas, to tho highest scorer of points for tho day, A. McKay ; Mr Sinclair's brooch for plaid, to tho best piper, M. Elder) Messrs Drummond and Glasson'a medal, vnluo 3 guineas, to tho winner of bagpipe music, Fibrocha and Marches, M. Elder ; Mr J. McArthur'smedul, value 1 guinea, to tho highest scorer of points m Highland dancing, R. Thomson ; Mr R. Taylor's modal, valuo 2 guineas, to the winner of the running high jump, J. Collins; Mr R. Guthrio's medal, to the winner of vaulting, J. Moir ; Mr Burnett's medal, valuo 2 guineas, to the winner of bngpipo music, reels and Strathspeys, M. Elder ; Mr Hibbard'o medal, value 2 guineas, to the winner of the sword dnnee, Wm. Bain ; Mr W. S.H-lem's medal, vbluo 1 guinea, to the highest scoror of points m flat races, J. McKay ; Mr M. McLcod's medal, value 2 guineas, to tho best dressed boy m Highland costume, Master Wm. Darby ; M.C.C.S. medal, value 1 guinea, to the winner step dancing, Wm. Angland; Mr Geo. Alves' medal, value 1 guinea, to the winner of Highland fling dancing, R. Thomson ; M.C.C.S. medal, valuo 2 guineas, to the winner of tho hurdle race, E. Smith ; M.C.C.S. medal, value 1 guinea, to the winner of Highland dancing, Scuuntrcatis, K. Thomson. The ordinary monthly meeting of tho Mount Peel Road Board was held at the road board office, Peel Forest, on Friday, 17th September. Members present — The non. J. B. A. Acland (Chairman), Messrs C. G. Tripp, G. J. Dennistoun, R. Mackay, and R. Thew. Correspondence was opened and discussed from tho Treasury and Property Tax Departments, (toting that tho rtmsindcr of subsidy owing to the board (£B9) would at once bo paid into tho bank. From Mr William Cully, asking to have his name taken off tho roll ns owner of R.S. 32267, Opuha Gorgo. Tho clerk was instructed to attend to these matter*. It was resolved tbnt tenders be called for keeping m repair the newly metalled portion of tho main road about two miloa, for ono year. That the overeeer warn all persons against cutting or removing timber from the board reserves, without permission. That Messrs Smith, Dennistoun and Co. bo granted permission, and solo right to cut and remove timber on road lines bordering on their sections. The overseer was instructed to sea to certain ropairs on tho south aide of Orari, and on the main road up the Rangitata Gorge. The overseer's report was then read, stating that the Orari crossing and sovoral crcoks had been made good since the floods, and bye roads repaired. The same had been done on tho Fairlie Creek side ; tho various slips carted away, and considerable repairs done on the main and Cattle Valley roods. No. 2 contract on Main road, Rangitata, was finished satisfactorily, metalling about two mile 3; and No. 5, metalling the main road, was being carried on. Accounts amounting to £172 18s 3d were then passed for payment aud the meeting adjourned. Archdeacon Forrar has an unfortuuato habit of exaggeration, says Truth. It is quite true, of course, that our boasted religion and civilisation have brought ruin to many an aboriginal raco ; but it was absurd for the Archdeacon to talk at the Temperance Congress as if intoxicating drinks had been invented and propagated solely by Englishmen. Just after the Archdeacon had waxod eloquent on tho mischief we had done m Burmah, up got another temperance enthusiast who stated tliat the Burmcso have a popular drink which will desolvo a Mnrtini-Henri bullet m thirty minutes. I doubt if tho British distiller can introduce any poison into Bnrmab. which will compete with this native article. Tho Auckland Herald states that while a good denl of indignation was expressed because tho natives had helped themselves to the liquors and Btorcs m the wrecked hotels at Te Wairoa, information which we have received shows that Europeans were no better. It is truo that they did not plunder for supplies of food. Theso they were independent ofBut they eeem to havo unscrupulously helped themselves to anything which took their fancy and which would be souvenirs of there visit to the place which had been overwhelmed by the matter ejected from Mount Tarawera. Lately Mrs Way got back to her home, which was the dwelling of her father, tho Rev. Mr Sponcer, whero sho had lived from childhood. Tho only articles she missed wcro such as would only bo taken by curio seokers and dealers ; family relics which wcro only of real value to her, woro gone, having doubtless been carried away by European visitors. The Maoris had done no pillaging there. With the help of a party obtained from Rotorua a good deal of property was saved, many things having been protected by the iron from tho roof. Tho curiosity hunters had, howevor, made a strong raid on the " probable property." We transcribe the following from the Reporters' Magazine, which takes it from an American shorthand journal. The article is entitled, " Praying for a reporter, " and reads os follows :—" The Saivation Army prayed for a Philadelphia reporter thus :— ' We have a reporter here, o miserable reporter, a alnful roporter, a servant of tho unholy newspapers, a good man gono wrong. Satan has made obstinate, and he will not yield to persuasion and be saved. Oh ! help the wicked reporter. Help this reporter. The devil holds tho fort m this reporter's brain. He is goiug to hell. Hallelujah ! Oh, may he join tho Salvation Army ; oh, give him repentance. He is the type of all reporters and they are a wicked lot.' The lieutenant stopped to give the roporter a chanoo of kneeling. The men and women soldiers shouted ' Save the reporter ; help tho reporter ; down with tho devil, I wao wicked once, but now lam puro. ' The lieutenant then began again :— ' Oh, kill thia reporter, kill him, tako him away, that he may do evil no more. He is too obstinate too yiold. He knows he ought to but he is to proud ; all reporters are. Oh, strike this roporter down ; bo is the devil m disguise.' "

The Dutch newspapers slato that tho convention drawn up at tho International Conference on tho liquor traffic m tho North Sea, absolutely prohibits the ealo of intoxicating liquors to tho fishermen, and with this object provides for a Btrict surTeillance to bo exercised by the cruisers on the station. A resident m the western district, beyond Biverton, informs the Southland Times that opposums are becoming numerous m his locality. Whilo engaged m bush work recently he had noticed the leaveß of a species of tree nibbled and dropped on the ground in' a manner new to him, although he had been a denizen of tho bush over a quarter century. On watching closely ho discovered that opposums wore tho causo of the depredations. Tho interesting strangers are supposed to be the natural increase of several liberated by the late Captain Hankinson some years ago. A London writer ssys : — Tfc is a pleasant sign of tho march of intellect to find n Bishop at a Temperance Congress actually tolerating tobacco. Dr. Temple has not only done this, but he deprecated the formation of antitobacco loagues. This is all the more creditable to tho Bishop because he does not himself smoko, and abominates the smell of tobacco. There is no more utter fallacy than that the use of tobacco promotes a craving for intoxicants. From my own observation, I should Bay that the facts are all tho other way. The Canadian Government has modified its extreme views on tho subject of tho rights of American vessels m Canadian waters. Fresh orders have been sent to the Collectors of Customs which omit, m instructions about warning vessels found within the three-mile limit, oil reference to shipping men or supplies or trading. When tho warning is given to a fishing vessel, twonty-four hours aro to bo allowed to her to depart before seizure. The inference is that American fishermen can now obtain all tho men, supplies, and bait they need m Canadian ports, provided that it be done within twenty-four hours. The preßsure from London, with tho result of the Nova Scotian elections, aro believed to have inspired these changes, which give satisfaction even to the British maritime provinces. President Cleveland has approved the Shipping Bill, which has passed Congress, with the provision for inflicting retaliation upon Canadian vessels where the required privilege! aro not given m Canadian waters. The Sydney Hail takes every opportunity of exposing tho fallacies of protection, and it positivoly revels m any illustration afforded by Victoria. In its issue of tho 4th appoars tho following — " More blessings of protection. Thcro is a heavy duty on boots and shoes m Victoria, and of course tbo boot and shoemakers are immensely prosperous. It is impossible to doubt it, and just now their prosperity is showing itself m a very striking way for a tolegram informed us a few days ago that there wero 400 bootmakers out of employment m Melbourne alone, while 1000 were on half work. Remembering what Sydney agitators have said about the benefi. ial results of protection, only ono interpretation can be plaecd'on this announcement. The Melbourne bootmakers are so well off that 400 of them are enjoying their winter holidays, whilo 1000 of them are working only half their time, and devoting the remainder to beer and skittles. " Tho Sydney Bulletin thus humorously criticises a " par " cut from one of our New Zealand contemporaries : — The Town and Country Journal states that an Auckland merchant has " committed suicide by apparently discharging tho contents of a gun into his mouth, as he was found sitting on a chair with a gun between his knees and a wound m the back of hit neck." This is the most remarkable suicide on record. If an Auckland man takes an apparent gun between his kneoa and aims at his mouth, yet shoots himself m the back of tho neck, he miißt have either worn the back of his neck m front, or his knees must bavo beon behind. In tho later case ho would hare to scratch tho small of his back with his knee-pan, and m the former we presume he would hoist his teacup over the top of his head, for his jaw would be behind. Very few men, too, die through "apparently shooting themselves, but after viewing tho apparent corpso the friends of the man with lha remarkable nock have concluded tho job hat been done successfully." Scott's Emulsion of Pure Cod Liver Oil with Hypophosphites, it moro reliable as an agent m the Cure of Consumption, Bronchitis, and General Dobility, than any other remedy known to medicul science. Bead the following : — "I have prescribed 'Scotts Emulsion ' and have also taken it myself, and can fully endorse tho opinion that it is both palatable and efficient, nnd can be tolerated by almost any one — especially where Cod Liver Oil itself cannot be borne. — Martin Miles, M.D., ie, Stantonbury, Bucks, England." — (7) Copfbb. — DrHossell.thocelebratedanalyet, states that the reason why coffee, is not more generally used as a beverage, is owi:ig to tho difficulty m procuring pure wholesome ooffeo. The undersigned import their own, and only use plantation berry, which is roasted and ground on tho premises, customers can thus rely on getting genuine coffee. Sold at 1b 6d, Is 9d, 2s per lb. J. Anderson & Co., Tea and Coffee Merchants. — [AdrtJ Tns Ham-holiday Movembitt. — The employees of Timaru thank the public of South Canterbury for their hearty sympathy m supporting the Thursday half-holiday movement, which under their continued patronage, will prove a lasting bonefit. Customers are requested to complete their purchases before one o'clock on Thursdays to ensure punctual closing. — [Adyt.] Beware of packages of injurious stuff, purporting to make genuine flop Bitters, nlso preparations and fluids said to contain all the properties of American Hop Bitters. They spring up on account of the great popularity of the genuine, which ia only put up m largo square-panel amber-coloured bottles, with tho names " Dr Soule," and " Hop Bitters " blown m the gla39, and is the best family medicine ever made. Bead Truth and Soberness. — What is tho best family medicine m the world to regulato the bowels, purify the blood, remove costiveness and biliousness, aid digestion, and stimulate tho whole system P Truth and soberness compol us to answer, American Co.'a Hop Bitters, being pure, perfect nnd harmless. Seo.— [Adtt.] Post Card Proof. Salisbury, Term., April 4, 1883.— Gents : I was afllictcd with serious Kidney and Urinary troublo for twelve years. After trying all the doctors and patent medicines I could hear of, I used two bottles of Hop Bitters and am perfectly cured. B. F. Booth. Washington, D. 0., April 3, 1883.— T0 tho Hop Bitters Co. — Sira i I write this aa a tokon of tho great appreciation I have for your Bitters. I was afflicted with Inflammatory Bhoumatism coven years, and no medicine. Boomed to do mo any good until I tried threo bottles of your Hop Bitters, and to my surprise I am as well today as over I was. I hope you may have great luceess m this great and valuable, medicine. Anyone wishing to know moro about my euro, can learn by addressing me. — E. M. Williams, 1103 16th street. Prosecute the swindlors ! — If when you call for American Hsp Bitters (sco green twig of hops on tho white label and Dr Soule's name blown m tho bottle), tho vendor hands out anything but American Hop Bitters, refuse it and eliun that vendor as you would a viper ; and if he has taken your money for anything else indict him for tho fraud and suo him for damages for the swindle, and we will pay you iborally for the conviction. (3) SYNOPSIS OF NEW ADVERTISEMENTS. R. Turnbull and Son — Hold clearing aalo of live and doad Btook at Oxford Nnrsory, Tomuka, on Friday. W. S. Arniitago — Wants two toam3 to I plough at Compstall. Goraldino Dairy Footory Company — Wants tonders for supply of Wostport coal. . Thoroughbred sires "Ham" and "Young Leotard " — Will stand this seaßou at Fairlie Crook. Secretary Timaru High School Board — Will attend at sohool on Monday and Tneaday mornings next for fees. Bridget Loan, Fairlio Crook— Apology to Mrs Lallor. Clydesdale horso " Bonnio Scotland" — Will travel Albnry, Rainoliff and surrounding districts, this season. G. V.B. Dramatio Club— Will play m Catholio Boys' Schoolroom to-morrow evening. W. Evans— Has sood potatoes for sale, als« prime. Tusoan seed wheat. Robert Soott, Rollesby— Wants tendera for ploughing. . |

W. DoEonzy, Winchester — Important notico re trout fishing m Hunnington waters. " Orma," Post-office, Dnnedin — Wants sitnation as general servant. ' L. Walker, Four Peaka — Has Derwoat potatoes for sale.