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Wairarapa Daily Times, Volume 2, Issue 574, 21 September 1880, Page 2

We are requested to call attention to to Mr Rush's advertisement in this issue. An ordinary meeting of Loyal Masterton Lodge of Odd Fellows takes, place this evening.

The adjourned general meeting of the Masterton-Opaki Jockey Club takes place on Saturday evening next. , A meeting will be held to-morrow evening at the Empire Hotel to form a socond Cricket Club in the Borough. At the London wool:sales on Friday last 9700 bales were offered, making a total of 238,500 catalogued since the opening. Tone of sale continues firm.

The Superintendent of the Wellington Lunatic Asylum reports the number of patients in the Asylum on Saturday last aB 77 males and 61 females j total, 138. We have received a letter from Mr J. Greaves, stating a grievance under which he labors with respect to the painting of the Hurunuiorangi Bridge. In our opinion the letter refers to private rather than public business, and we cannot allow space for ventilating trade differences for which there is an obvious legal remedy, Mr Larkworthy, of Carnarvon, I)as an estate in the Waikato which is famed for monster turnips. From seed sown broadcast turnips were gathered the largest of which weighed 471bf1,

Messrs David Curie and Allan Anderson, proprietors of the Evening Chronicle, have assigned their estate (or the benefit of their creditors to Messrs A. J. MoTavish and T. W. W. Garde. A meeting of creditors for the purpose of assenting to the deed will be held on Tuesday afternoon, sth October, at 2 o'clock, at ths Supreme Courthouse.

Edward Hart, better known as a leading member of Hart's Operetta Company, was charged at the Police station, Auckland, on. Friday last, with a violent assault on a young man named Russell, knocking him down with a bottle full of spirits. The evidence showed that Hart, on the previous night was engaged in punishing his wife, and that she ran out of the room and fell-into the arms of Haygarth, An altercation ensued between the landlord of the hotel and Hart. The latter showed fight, and the complainant came forward to protect the landlord, and received a violent blow from the bottle of sherry which Hart had. Hart waß under the influence of liquor. He denied beating his wife, but said lis was administering chastisement to his daughter. Haygarth insulted his wife, and- Russell, was., drunk-■ and insolent Themagis'trate sentenced Hart tj? a ninth's imprisonment. ■■".'."'";■

: ;It Will;lje;B^ii;^y v a^hbtic6:>iri"another column that Eparaima, has V oldest and worthiest;of. Hutt Bettlera, Mr TliomaflMas6h/.rsU;; : -W-;M;l

That the pesaimisb. view of those ; who, profess to have the welfare of New ,'Zea: laud at heart are.-not'folly; shared by our capitalists (says the European- Mail) is demonstrated by the., faot; that' the last' New Zealand loan—a very small one-it must •'<•••' be' "mare than covered. "The Borough of Timaru asked for £00,000,-and when the tenders were opened;ayhp ; Bank of ; Neff Zealand on 21st June/it was found'that' the amount applied for exceeded £89,000, from £lO2 (the minimum) up to 105. The largest tenders were :-One for £11,600, at £lO2 6s, two for £IO,OOO at £lO2, and one for £7OOO at £lO2 0s 6d, Tenders; above £lO2 0s 6d will receive allotments■ in full, and at £lO2 about 16 per cent of the amount applied for. We are glad to note that Sir Julius Vogel has not allowed to pass unchallenged the exaggerated statements which have appeared in the public press on this sideregarding the depression in New' Zealand. Small capita-, lists at home have been warned not to go out to a colony ■'!' where the cost of the bare necessaries of life are most exorbitant," but, as we pointed but the other day, and as -Sir Julius states now, the colony has never offered a better chance to such persons.

The following is the judgment of Mr Wardell in a case which was heard recently at Masterton, and which - was of some public interest, We refer.to the case McDonald v Wairarapa East County, Mr Bunny for plaintiff, Mr Beard for defendants.—On the 19th of February last, on the application of the plaintiff, an injunction was granted under the 10th section of " The Contractors' Debts Act, 1871," attaching certain moneys due or to accrue due from defendants as contractors to one Thompson, their contractor, to the extent named therein, notice of which injunction was sewed on defendants on the 20th February. Subsequently on the 20th March, a certificate was issued under' the 2nd section, and notice duly issued and served upon defendants. This notice effectually assigned to the plaintiff the sum of L 42, being part of the amount due to him by Thompson in respect of work done upon the contract, provided that amount was, or should accrue due by the defendants to the contractor. Payment has beeu demanded of the defendants upon this certificate and refused—hence this action. The defendants plead that they have not, and had not at the time of the attachment, or of the service of the certificate and notice on them, any moneys of the contractor Thompson in hand, he having at a prior date, viz., on the 13th February, by deed, assigned by way of mortgage to his surety, k W. Mills, all his interest in and under the contract, and all moneys due or to become due in respect of it. It is admitted by the defendants that moneys were due, at the time of the service of the order of attachment, and that further bums have since accrued due, that payments have since been made, and that moneys now remain duo on the contract, It is not clear from the evidence when notice of the assignment was given to the defendants, and there is no evidence of. any action taken by them with respect to it; but I have it from the evidence of the Clerk of the Council that the 10th March subsequent to the serving of the injunction Ll9O was "paid to Mills, as surety for.Thomp3on.". In the absence of evidence to the contrary, I assume the plaintiff had no knowledge of the assignment. It appears to me that the assignment to Mills does not alter the position of Thompson with respect to the defendants, Thompson remains still the contractor. Moneys accruing due under the contract accrue due to him, and his assignee could only bub the defendants for them in his (Thompson's) name. - If this is so, it follows, to my mind, that the attachment and certificate served upon the defendants constituted an effectual assignment under the Aot to the plaintiff (workman) of moneys due by the defendupon the contract to the extent set out in the certificate. I hold, therefore, that the amount stated in the certificate ought to have been paid to the plaintiff on his demand and give judgment for him for L 42 and costs, L 8 3s.

The first meeting of creditors in the estate of Richard Kyftin Kenrick, shipping agent of Cashpoint, took place at 10'30 n.iD. on ..Saturday. There were three creditors present, and five others were represented by proxy. Mr J. Hutchins occupied the chair,' The liabilities were set down at £475814s 5d,£4240 of which were secured> to three creditors, and the assets £lO for wearing apparel.-Mr Gully, as proxy for Mr W, Nathan, moved that the meeting be adjourned to Wednesday, as Mr Nathan wished to be present, but was debarred from attendance. The motion was put and declared to be lost.-Mr Raymond then propnsed.and Mr Hutchins seconded, that Mr 0, A. Baker be appointed trustee. As an amendment, Mr Gully proposed, and Mr Ladd seconded, that Mr Ladd be appointed trustee. The amendment was put, and declared to be lost, only the proposer and seconder voting in its favor, and the original proposition carried.-Mr Gully pointed out that the appointment of Mr Baker could not'be legal, as those who were opposed to-his appointment represented more than two-thirds of the debtor's liabilities, notwithstanding the fact that the majority in number of creditors were favorable to the appointment, It appeared evident that nothing could be done without the consent of Mr Gully, and half an hour was wasted in facetious remarks, and neither side seemed inclined to "cave in," Mr FitzGerald, who represented the debtor,t"hen discovered that Mr Matthews' proof of loss was informal, inasmuch aB it did not disclose the fact that Mr Nathan held a. security for part of the amount due, viz., a life policy for £SOO, the surrender value of which was stated by the debtor to be worth £7O or £BO, and asked the Deputy-Registrar to declare it informal. Mr Gully submitted that there was no evidence to guide Mr Hall as to whether it was informal or not beyond the declaration on oath of Mr Nathan, which was to the effect that no security was held by him, and that of the debtor, who stated that the security held by Mr Nathan was worth £7O. The Registrar should allow the proof to pass, then the trustee who was appointed could have the matter determined by the Judge; and further, that the proof, having been formally received and acted upon, the Register had no power to declare it informal now, Mr Fitzgerald said he would withdraw his objection if Mr Nathan would surrender the policy.—The Registrar was then appealed to, and he declared the proof informal, thereby annulling Mr Gully's locus standi, Here another difficultyarose, only two persons were present, and it being necessary that there should be three to appoint a trustee, Mr Raymond handed a proxy to Mr Baker, who was subsequently declared to be duly .elected trustee, and ' the meeting ad-journed,-The legal points involved in these farcical prooeedingß will probably be tested before His-Honor the Chief Justice -,,...--..

One bushel of corn will feed one hen for one year, and if she : has. the run of a barn-yard and Uhe fields she will do well on this quantity. . If given no other, kind of food a hen will need a quarter of a pint of grain a,day, or 45 quarts for the wholo

• \At a fancy-dress ball at Napier theother, day.a Oiyil Servant:appeared in evening dress, with patches on knoes'and elbows, an empty- wallet labelled " ten .per cent, reduction" at his side, and placards bear T ing the woeful legends " economy," "hard times," at front and rear; but oyer his heart was the inspiriting motto, "KilDesperandum!" . ',A habit of noting'the ancestors and date of'birth" of the larger stock of a farm, weii4haugh*it be ■ not ■-'■' full-blood" is- a useful ont, If a record is of so much value for the best stock, it is at least 'worth the peeping for. the beßt grade of. cow or the niixed-bred horse. It is often a great convenience to know to what animals a cow in question traces her parentage, and it may be of money value to be : able to show the record.

The Temuka Leader, says:—We were shown on Tuesday last a curious sight in the,shape of a lamb born with two tongues, .eight legs, two bodies, and two tails. The bodies extend from the shoulders, and are perfect in every, way. The lamb was dropped by a purebred Leicester ewe, on Mr Grant's farm, Te : muka, As a freak'of nature, the like has never before come under our notice. It has been forwarded to the Ohristchurch Museum.

A telegram from Palmerston reports that Henderson, the man selected by the townspeople to accompany Moss, the prospector, to Fitzherberton, returned to town last night, and reports the reef said to be discovered by Moss a hoax. Henderson, however, picked up in the gully large lumps of rich quartz, with gold ploinly discernable. Although the result of the trial discloses no definite reef, no doubt there is gold in the vicinity. Several parties left town to try their luck at prospecting. s Henderson said the whole feature of the country warrants the assertion that gold is all through the ranges.

The nineteenth volume of the American Shorthorn Herd Book for 1880 was issued in May last. There are more than 3000 bulls recorded, and over 5000 cows, the two approaching nearly 9000 in all. The increase is about 20 per cent, for this year over that of last year, as recorded in the 18th volume of the work.

The cricket match at Edinburgh, Australians v. Eleven Gentlemen of Scotland, was resumed to-day. The Australians went in for their first innings, and were disposed of for 140 runs; The Home team then went to the wickets for their second innings, and when the stumps were drawn for the day had scored 106-for the' los 3of five wickets. The Australians play a match against the Nottingham County Eleven on the 23rd and two following days. They leave England for Australia by the mail steamer of October Bth.

A telegram from Pungavehu, dated September 18, says;— The speechmaking at Parihaka concluded to-day. Te Whiti said the prisoners should work out the salvation of those who remained, as well as themselves. They were not sent to prison for nothing, neither were those who are kept imprisoned without a reason. The constabulary, he hinted, would remain at Parihaka until the coming of the Son of Man, He drew upon Scripture for his assertion that the-kingdom should shortly return into the Maori dominion. He exhorted .his followers to believe in him, and then closed the meeting. The usual quantity of fencers came down this morning. These are the natives who have been here daily for a fortnight, and Te Whiti considers lliem already prisoners, and will continue sending them until they are taken, after that no more will be sent. • He says that the reinstate-' .raent of his people to the chieftainship and position of authority in the land is to be worked out on earth at Parihaka, and not in heaven, and your correspondent •believes him.