West Coast Times. AND WESTLAND OBSERVER. THURSDAY, DECEMBER 21, 1871.

West Coast Times, Issue 1943, 21 December 1871, Page 2

West Coast Times. AND WESTLAND OBSERVER. THURSDAY, DECEMBER 21, 1871.

If practical confirmation were needed of tho correctness of our comments upon the total absence of all necessary qualifications in the late Mayor, for the office he has inefficiently held duringthe last three months, the proceedings at the attempted election oi his successor, yesterday, would amply supply it. We say " attempted election " advisedly, for it is to bo sincerely hoped that those proceedings will not be permitted to disgrace the records of the Municipality, but will be set aside as null and void afc the special meeting of the Borough Council, called for Saturday next. To render the proceedings referred to comprehensible to our readers, we may state that after due nomination of several candidates, and the voluntary retirement of all save three, the question as to the voting for those three gentlemen was so unintelligibly put, as to leave it in doubt whether the vote was taken for the purpose of choosing one of them as Mayor, or of rejecting one of the candidates, so as to leave the contest to be finally- decided by a further vote between the two Councillors remaining. That the latter view was the correct one — as it was in fact the proper one to put — the result of the voting 1 clearly proved, seeing that two out of the three candidates had a clear majority of the Council in their favor, and that the aggregate of votes recorded amounted to fourteen, thus proving that at least five out of the nine Councillors voted for two of the candidates, which would not have been the case had they supposed they were voting for a Mayor. In no election is an elector permitted to vote for more candidates than there are seats to fill, and in this case no Councillor should have been permitted to vote

again lor another candidate after he had already recorded his voto, if the voting wns intended to bo decjsive, for the election of Mayor. It was, however, clearly enough understood that the voting was but a preliminary procedure, yet the Mayor, prompted by some insidious adviser (for we do not discredit him with a preconceived intention to deceive) lindiug that he stood at the head of the provisional poll, declared himself elected as Mayor for the ensuing" year, to the intense consternation and disgust of the majority of the Councillors, and of the citizens assembled to watch the proceedings. Further, resisting the wish of some of his brother Councillors for adjournment, and, taking advantage of the retirement of others, he suddenly left the chair, and peremptorily put an end to the sitting. But that such coup d'etat tactics will secure Mr J. B. Clarke in possession of the coveted seat we do not believe, nor shall we give credit to it, except upon much higher authority than that of Councillor Hawkins's immediate and friendly principal, who, for the present* acts as legal adviser to the Borough Council. Mr J. B. Clarke is clearly suspended between the horns of this dilemma. Either the question at issue was the election of Mayor, iv which case the reception of votes, to the number of fourteen, was illegal, and vitiated the election — being five in excess of the number of electors — or the proceeding was but the expurgation of one of the competitors, in which case it is clear that the election was not completed, aud yet, waits the final and decisive vote. If it bo said that the names were proposed singly, then Councillor Todd has as complete a title to the civic chair as Councillor Clarke, seoing that he, also, had a clear majority of the voters in his favor. s&.nd tho election, iv this hypothetical case, was ended directly the majority was obtained. In any case, the Borough Council is stultified aud rendered ridiculous by the action of Mr J. B. Clarke, and the members should lose no timo in providing a remedy. In view, too, of the legal status of the Borough Council, we imagine that it would be open to a defendant, iv any action brought by the Mayor and Corporation, to dispute tho plaintiff's title, thus entailing heavier loss and greater expense to the town, than any services Mr J. B. Clarke will bo likely to render, can possibly repay. With one word of advice to the Councillors, in respect to their conduct on Saturday next, we conclude our remarks on this unwelcomo theme. It is this, — to be firm in their insistence of either a completion, or a commencement de now of their proceedings. In case of difficulty they have only to apply the remedy which the Municipal Act provides, for proceeding under Part VIII. for " ouster of office."

At the Resident Magistrate's Court, yesterday, Ann Christian, alias Ann Lewis, was brought up on remand, charged with larceny. The prisoner called several witnesses, bnt they did not prove anything material. The Magistrate said that there could be no doubt that it was proved that the petticoat had been stolen, whatever might be the case with respect to the material for the dress. There were several previous convictions against the prisoner. She had been sentenced in March 1867 to twelve months' imprisonment for obtaining money under false pretences, and in December 1870 she was sentenced to three months' imprisonment for larceny. There were also other convictions against her for minor offences. In the pi'esent case the sentence would be six months' imprisonment, with hard labor. — Dyson v. Price was a claim for £G for six weeks' board and lodging for defendant's wife. Mr Harvey was for defendant. There were several defences set

up. It was contended that plaintiff being a married woman she could not sue, but it was proved that she has protection, and under the Act relating thereto, power to sue is given to married women. It was then contended that as defendant is paying a weekly allowance to his -wife under a maintenance order, he could not be called upon to pay for her board. But it wai proved that Mrs Dyson's claim is antecedent to the maintenance order. Lastly it was alleged that Mrs Price was married to a man named, Hamilton before she married defendant, and that; Hamilton is still living. The defendant, Mr Skene, and Mr Hudson, gave evidence in support of the plea, but nothing conclusive was proved, and the case was adjourned until this morning for the production of a witness who it was stated was present when Mrs Price was married to Hamilton. — Hornby and Fort v. Robinson. This was a claim for £\ 6 12s for building a boat, and sundry charges in connection therewith. Mr Havvcy was for defendant. The case occupied a considerable time, and Beveral witnesses wore examined, but the points in dispute were very few, and were all ruled in favor of plaintiffs, judgment being given for the amount claimed, with £2 3s costs. — Hart and Levy v. Harris was a fraud summons on a judgment debt for £3 4s 9d. Defendant did not appear when the case was called, and a warrant was ordered to issue. He was brought up subsequently on the warrant, and having been examined as to his means of paying, la's Worship ordered him to pay £1 5s per week until the amount be paid. — Pizzey and Co. v. Smethurst. Claim, £8 2s. Judgmeat by consent for the amount claimed. — Hart aud Levy v. Tunny. This was a fraud summons on a judgment debt for £l 12 3d. Defendant was ordered to pay the amount by instalments of 5s per week.— Hyamsv. M'Connon

This was also a fraud summons, on a j\\(\gmqnp fpr £2. Defendant having been examinee}, imd }ie having stated that ho ha 4np means whatever o.f paying the amount, iiis Worship refused to make any order. Dyson v. Rothschild. Fraud summons on a judgment for 15s. Defeudnnt was ordered to pay the amount before the 29th inst. Keller v. Mackintosh. Claim £3 15s6donan 1.0. U. There was no appearance for defendant, and judgment was given for the amount claimed. The Court was adjournecj until tb ; s morning at 11 o'clock.

Our old friends, the Star Minstrels, have returned once more to enliven us with their unique entertainments. It will be seen, by an advertisement in another column, that they intend giving a series of performances at the Duke of Edinburgh Theatre, during the Christmas holidays.

Tt was generally belie Ted, yesterday, that a meeting of the members of the Borough Council would have been held last evening, for the purpose of proceeding with the election of a Mayor, but as the motion to that effect was not put to the meeting of the Council yesterday, it became necessary to call a special meeting, which, we are informed, will be held on Saturday next, at 10 a.m.

The Excelsior Company of negro minstrels, dancers, and delineators of negro comicalities, have arrived here from Melbourne, where they have been performing to crowded houses. They intend giving a few performances here during the Christmas holidays, at the City Theatre, Weld-street, which is being cleaned and decorated for the occasion, a scenic artist being engaged to paint new scenery, &c.

A meeting of the Regatta Committee was held last evening, at Hudson's, Cleveland Hotel, Mr E. Patten in the chair. The Subscription Committee brought up their lists which were ordered to be handed to the secretary for collection. It Aras resolved to alter the days on which the regatta is to be held, from those previously appointed, in consequence of their clashing with the sports to be held on the Cricket Ground. The regatta was therefore €ippointcd to be held on the 29th and 30th instant. It was ordered that a meeting of the stewards be held on Thursday evening, the 28th instant, at the Cleveland Hotel.

The Charles Edward fc advertised to run on an excursion trip to all the New Zealand ports. Passengers will be taken at single fares, starting tin's day from Hokitika at 4 p.m. Return tickets will be available until the 31st of January next.

Captain Baldwin, the agent of the Government system of life insurance and endowments, will lecture on the subject this evening, at the Town Hall.

A faliil accident occurred on Saturday last at liangiora (Canterbury) to a youth, a son •uf Mr A. Barnard, through being thrown from a, butcher's cart belonging to Mr G. Cone, the horse of which had bolted, and one of the wheels passing over hia neck. Another in the vehicle with him, had a narrow escape.

A telegram from Taranaki slates, on the authority of Mr Hector M'Lean, that the natives at Ngatimaru, arc willing, Jon certain conditions, to allow Europeans to prospect their land. It is said that there is alluvial gold there.

The Christchurch Press, of the 19th inst., says :— "A somewhat serious attempt al murder occurred last evening, at Craddock's board ! ng-housc, St. Asaph street. So far as we can learn, it appears that Craddock has been for some time on untriendly terms with his step-son, who is a cripple, and that last evening he struck at him with a knife, indicting a, serious wound in the check. Immediately afterwards, Craddock made off, and up to midnight had not been arrested by the police."

The Accountant in Bankruptcy has issued a notification calling the attention of trustees in Bankruptcy to Clause 226 of the Bankruptcy Act of ISG7. It runs as follows: — Each trustee shall within fourteen days of the thirty-first December in each year, or on the first lawfnl day after the expiry of the said fourteen days, deliver free of charge to the Registrar of the Supreme Couit or Clerk ol the District Court, as the case may be, a return in the form of Schedule B hereunto annexed, of every estate in which he is trustee, and the Registrar or Clerk shall within fourteen days thereafter transmit in the form of the said schedule to the Accountant a return of all estates brought under the operation of this Act i- n the district of which he is a registrar or clerk, as the case may be, and the accountant shall cause the retarns so made to be regularly bound up and preserved according to alphabetical order of districts in a volume to be kept at all times in his office, with an index thereto, framed by him, which volume shall be open to all concerned, and any trustee who shall fail to make such return shall be removable from his office, at tho instance of any one creditor, or of the accountant, or subject to such order as the com I which awarded such adjudication or the Supreme Court may think suitable.

According to the luapelca Times, between the Morren and Nevis ferries, fifty men arc at work sluicing the banks of the Kawarau with generally satisfactory results. In the Lake district the Chinese havc^ almost ceased purchasing claims. Their hist important purchase was of two claims on the Big Beach Shotovcr for £300, and this virtually places the whole of the beach at their disposal, giving them a frontage commanding a thousaud acres of good auriferous ground. The miners in the Lower Pomahawka arc doing exceedingly well, one party obtained sixty 0/3. of gold in six weeks, and their ground is increasing in richness. The Moa dredge, at the Bengcrburn is reported to be yielding £15 to £'20 a-week per man. At Conroy's gully Bennett and Fords's parly are obtaining excellent results, the result of a fortnight's working being twelve ozs. Inverson's cluini crushed 112 03s for twenty- four days crushing. From Hyde comes a report of a rush having set in to the head of the Sowbu: n race, where one party lias been making £15 to £20 a week per man. The prospect is said to be li dwts to the dish; and the workings shallow, the bottom being reached at a depth of time feet.

Cherries and gooseberries are being sold in Melbourne, wholesale, at a penny per pound, and even at that low price buy-ri arc not plentiful.

Whenever the paternity of a bull is uncerfajn, an attempt is made to father it on some unfortunate' Emeralder. Yet it was a §p,qtpfi ivoman who said that the batcher of her owii town only killed half a beast at a time: it was a Dutchman who said a pig had no ear-marks except a short tail ; and it was a British magiatrate who, being told by a vagabond that he was not married, responded > " That's a good thing for your wife." It was an Eng.ish reporter who stated that a meeting of the British Ethnological Society were exhibiting " easts of the skull of an individual at diflerent periods of adult life, to show the changes produeel in ten years," though Dean Swift mentions two skulls preserved in Ireland, one of a person when he was a boy, and the other of the same person when he had grown to be a man, It wag a Porteguese mayor, who enumerated among the marks bj which the body of a drowned man might be identified when found, a marked impediment in hn speech " It was the famous Calino, tho French Boyle Roche, who, on contentedly laying his head on a large stone jar for a pillow, replied to one who inquired if it was not rather hard. " No fc at all, for I've stuffed it with hay." It was a Western orator, who, warming wkk hid subject, exclaimed, " There is not a man woman, or child in the house who has arrived at the age of fifty years, but what has felt this truth thundering through their mind* s for centuries." It was a Maine editor who said that a pumpkin in that state grew so large that eight men could stand around it— a statement which is only equalled by that of another who saw a flock of pigeons fly so low that he could shake a stick at them.

The pnitice of brewing beer f .'om rice is rapidly coming into use in Germany. This beer is said to be very clear, of a pale color, of an extremely pleasant, mild taste, foaming strongly, and yet retaining well its carbonic acid.