Local Intelligence.

Wellington Independent, Volume XVII, Issue 1787, 4 November 1862, Page 3

Local Intelligence.

The aiAKLßonouoH Case.—Oh Saturday last, the Marlboiough case was brow ht under the attention of the Supreme Court. Judge Johnston granted the rule applied for, requiring Capt. Baillie to show cause why he should not he restrained from exercising the office of Superintendent. The other question affecting the validity of the seats of Messrs. Sinclair and Williams— (the members for the Upper Wairau) — was fully argued on the same day, His Flonoi taking time to consider his judgment.

Alma Total Abstinence Society. — The members of this Society came out in stionj; force yesterday, for the purpose of holding- a social gathering in the rural district of Johnsonville. The party, with an excellent band of music, started yesterday morning in a four wheeled van, drawn by three powerful horses, and all along the beach were the observed of all observers. Everything connected with the affair appeared to indicate the beginning of a days hearty enjoyment, of the details of\vhich we purpose furnishing a fullerreportin our next This Asteeope.— This fine vessel has finished discharging, having only occupied a period of nine days in doing so, and is now being rapidly filled up with her homeward cargo of wool. On Saturday, she received on board sixty bales.

Miihk Rubbish about New Zealand. Dr. Livingstone (of whose death we trust the telegram per last Australian trail is incorrect) tells us ofa tribe in South Africa who nanituallv respond to the question " What news," when put to them by strangers, by saying "There is no news, l heard .some lies only;" an answer we feel very much inclined to apply to the very last work on New Zealand, a copy of which has been sent us for review. If any of our readers happen to have seven-und sixpence that they do not know what to do with and wish to acquire the reputation of possessing more money than wit, we assure them that they can not do anything better calculated to attain their object than by ordering a copy ofa book, just publisned in London, entitled " Memories of New Zealand Life, by Edwin Hodcier." He paid Cook's Strait a visit last year, and has strung together the yarns, which the imitators of the South African tribe before alluded t> stuffed him with, as though they were bona fide f-icts. The book is no doubt readable enough to those who don't know any better, bu< to those who do, there can bit be one feeling of intense disgust that such rubbish should have found its way into print. He tells us he remained in Wellington " a few days," quite long enough of course to fill half a chapter with the most reliable information, not only from what he heard but from what hesaw"wiiii his own eyes." Let the following suffice iv ill lustration —

A very pretty drive is from Wellington to the valley of the Hutt, a distance of about nine miles; but the road is a very dangerous one beiiif,' a cutting on the hill side with a steop bank down to the sea. It is a serpentine road, and so narrow that two carts have iliincuky to pass each other, frequently being obliged to back some distance to a wider place; the turnings too are so sudden that vehicles would run into each other, were it not that -the drivers generally carry whistles, which they sound, before turning the corners as a waruiug to any who may be coining the other way.

Mixed up wilh a little information tolerabl'v correct, there is much more equally as absur.l as the above, to note which would be about as great a waste of our readers time as it wouid

be of our own

Responsibility of Auctioneers. — A mercantile correspondent has called our attention to the desirability of making public the follow ing notice, extracted from the Melbourne correspoiidenoe of the Sydney Herald last inontli. The case referred to is that of an extensive auctioneer in Melbourne, Air. VV. Perry, formerly " Symons and Perry," who having fiiilert applied for relief under the Insolvent laws of that Colony ; the Unmmissiotier refused a certificate, because Mr. Perry kept only one hucouiH at the Bank, into which all monies from all sources were paid, and against which whatever checks were required for any purpose were diawn. This practice was considered a breach of trust, the Commissioner holding that moneys received fur sale of goods should have been paid into a separate account, and not considered as applicable for ordinary business purpose*. Judge Chapman upset this decision ot the Commissioner, but bis decision was, in its turn, upset by the Court of Appeal — particulars o f which will be found in the extract below : —

On the 26th ultimo, the Supremo Court, in its appelaie jurisdiction, reversed the decision of Mr. Justice Chapman in the case of William Perry' insolvent. The Chief Commissioner had refused the certificate on the ground that the insolvent had appropriated to his own use property, or moneys, entrusted to him as " a trustee or agent only, ' he having sold bricks for tho Government, and paid the money into his own general account at his i auker's at a tima when ho was insolvent cut still "in hopes of carrying on." Mr. Justice Chapman reversed the decision of the Chief Commissioner. He held that an auctioneer who receives the proceeds of goodj entrusted to him for sale, and pays them into a general account into which he pays also all his own moneys, and out of which he pays his own debts as well as repays the proceeds of sales due from him to customers, and who is known by his customers to do this does nofc come within the meaning of the insolvent Act, if his inability to repay all the moneys he has received as proceeds has come about merely by the dwindling away of his funds, and not by any specific misappropriation of any specific sum trusted to him as agent only. The Appeal Court held that an auctioneer, who is simply employed as such, is merely an agent to sell and to hand over the proceeds ; that a person so employed lias no right to deal with the proceeds as his own ; that his safer course is to keep a separate deposit account, and that if lie does deal with such moneys a3 his own, though he may be safe so long as he is not detected, yet, if he becomes insolvent, he falls within the scope of the Act, and his certificate must bo refused.

Odd Fellows' Meeting. — We beg to re. mind the Odd Fellows in tbis city, of the •meeting of the various lodges at the Odd Fellows' Hall this evening, with reference to the I distress in L-iiic.isliire.

New Zealand Woods, — The Canterbury Stand ird lias the following; — "We have been favored by Mr. Alfred Osborn, with a view of a very elegant cabinet which he has just completed for transmission to England. It is a heaiif-fiil specimen of workmanship, and is entirely composed of choice specimens of New Zealand timber. The design and execution are both remarkably {rood ; and the whole reflects great credit on Mr. Oiborn's taste and ingenuity. The following are the chief woods of which it is constructed : Tuiara, Ritmi, Honeysuckle, Black Pine, White Pine, Miniika and Fu^dm. The interior arrangements comprise a complicated but well devised series of drawers for the purpose of containing papers and the whole is closed with two small doors of fancy woods, beautifully inlaid and polished,"