SHIPPING.

STEAMERS LEAVE LYTTELTON AS UNDER. For Wellington —Tararua, This Day, Jan. 22. Passengers by 2.40 p.m. train. To be followed by Penguin, Saturday, Jan. 24. Passengers by 8 p.m. train. For Napier, Gisborne, Tauranga, and Auckland Tararua, This Day, Jan. 22. Passengers hy 2.40 p.m. train. To he followed by Penguin, on Satur day, Jan. 24. For Port Chalmers —Wellington, This Day, Jan. 22. Passengers, by 2.40 p.m. train. To be followed by Wanaka, on Satur day Jan. 24. For Melbourne, via Bluff Albion, on Tuesday, Jan. 27. Passengers by 2.40 p.m. train. To be followed by Tararua, on Tues day, Feb. 3. For Sydney RotomaJiaua, Thursday, Jan. 29. Passengers by 2.40 p.m. train. To he followed by Wakatipu, Feb. G. For Hobart Town —Tararua, on Tuesday, Feb. 3. For Pioton, Nelson, Taranaki, and Manukau Wellington, on Tues day, Jan. 27. Passengers by 2.40 p.m. train.

POST OFFICE NOTICES.

Mails leave tlie Ashburton Post Office, as follows : For Christchurch and 7\orth at 10.20 a. in. 4 p.m., and 7.30 p.m., daily. For Chertsey at 10.20 a.m daily. For Rakaia at 10.20 a.m and 4 p.m daily. For Dunedin, Tinwald Winslow, Hinds, Coldstream, Kangitata, Orari, Winchester, and Geraldine, at 10.20 a.m, daily. For Temulca, Timaru, and South at 10.20 a.m and 3 p.m daily. For Greenstreet, Ashburton Forks, Mount Somers, and Ashburton Gorge on Tuesdays and Fridays at 10.30 a.m For Ashton, Waterton, and Longbeach, at .15 p.m. daily. For Wakanui and Seafield, on Mondays and Thursdays, 7.30 p.m. W. St. G. Douglas, Postmaster.

The Ashburton Guardian, COUNTY AGRICULTURAL & SPORTING RECORDER THURSDAY, JANUARY 22, 1880.

Some time ago a great outcry was made about the coal measures in the vicinity of Westport—that town on the West Coast said by some wag or other to live on hope and suction. Hope and suction, to our seeming, are not very nutritive food, and we dare say property holders in Westport, if they wore to give a candid opinion on the matter, would say the same. A good coal mine, capable of supplying the colony’s fuel wants, would doubtless be exceedingly nutritive of the prosperity of Westport, or of any other port, and if the liope-p-nd-suction-fed hamlet possesses such a mine of wealth it stands very much in its own light if it does not strain every nerve to have its coal seams opened and its black diamonds brought as soon as possible into the market. But though the township in question may live and even fatten on hope and suction, it has no right whatever to assume that the “ human race ” as a whole, especially that portion of it that has not breathed the air of West port, and fed at its hoard, can at the first tasting assimilate the nutriment on which the clever Westportians have learned to subsist. But a long course of hope and suction feeding has apparently deadened the sensibilities of the good people of Westport, and as a result they fancy that everyone else can live as they live upon the very spare food we have re ferred to. Such is the natural conclusion one must come to who reads of the doings of the promoters of a certain Westport coal company. Full, we had almost said drunk, with an overdose of hope and suc tion, they got Government to move in the matter of procuring for them in England fifty miners from the Black country. The men were to be the best that could be procured —the best at least that could be persuaded to try their fortunes in Ne w Zealand—and Mr. Holloway, the well known Government immigration agent in England, was commissioned to make the selection and the hope and suction to the miners. lie succeeded in getting the men, and in duo course the Opawa brought them to New Zealand— landing them at the nearest port to their destination, viz., Nelson. But with all the outcry about the Westport Colliery the hope-a nd-suctiou-fed people were not ready to receive their consignment ox pit men, and the poor fellows were left with nothing to do. Such is the version of the story as it comes from Nelson where the men were landed, and where for several weeks, they, with their wives, families, and belongings, encumbered the Immigration Barracks —let us hope, living on better fare than hope and suction. The men feel that they have been decoyed to this colony under false pretences. They are very naturally nettled at being thus used, and threaten legal proceedings against the Westport Colliery Company to recover damages. Meanwhile the men are looking for work elsewhere, and we learn that some fifteen or twenty of them are to be employed at the Springfield

mino in our own neighborhood. But what is to become of the others ? This wo have not yet learned. Now, it may bo all very well for the powers that be of the Westport Colliery to take time by the forelock and bring out men to New Zealand, decoying them by distinct offers of work in their mine, of which patch of ground the usual rosy account was no doubt given by the immi gration agents employed to draw the victims. But the Westport Colliery has no right to involve poor men in their scheme before it is ready for working. At least, if they commission Government to bring out miners for their pit, under promise of immediate work, they ought in common fairness to find them reasonable employ ment until such time as their concern is in working order, or at least indemnify the men for the injury done them and the disappointment they have caused them. Then, this sort of conduct has a bad effect upon the colony’s good name at Homo, — a bad effect for which the Westport people concerned in the matter are certainly responsible. The miners who have been thus disappointed, and whose trust has thus been grossly betrayed, cannot fail to write Homo to the friends they have left behind, and the story they will tell will not redound to the colony’s croditjj; for in their bitterness they can scarcely be expected to look upon affairs in New Zealand, as they just now find them, with the same hopeful eye that older colonists do. New Zealand is not fully populated, and we are not yet wholly independent of immigration from the Old country, not withstanding that further immigration is just now unpopular, and it behoves every colonist to be stringently conservative of the colony’s good name. If these fifty miners, with their wives and families, have been really and truly, as they say, induced to come over here on a false pretence by the Westport Colliery, and then left to the chance of picking up a job on some ‘■'unemployed” section, Government ought to see them righted. They have not been brought over as ordinary immi grants : they were specially hunted up by a Government agent, and being so should be protected by Government. Our readers have no doubt observed, from our reports of the various cases heard and decided in our Resident Magis trate’s Court, how frequently co-plaintiffs trading together in partnership have been nonsuited with costs on the technical ob jection raised by our legal talent to the insufficiency in the description of the said co-plaintiffs. Over and over again, since the advent of Mr. Guinness, that worthy magistrate has decided that wherever co plaintiffs, who carry on business together as partners, sue simply in the name of the firm, without setting forth the respective names of the members constituting that partnership, they must be nonsuited, and with costs ; the reason assigned being, that in law there is no such person as So and So and Company. We have not quarrelled with his Worship’s decision, though we have certainly considered the imposition of costs as a severe punishment for what after all was in most cases the doing of the Clerk of the Court; hut we did hope there would at least be uniformity in the practice of the Court, that what was sauce for the goose in one case would bo sauce for the gander in the other. The late utterances, however, of Mr. Guinness on this point have added another instance to the glorious uncertainties of the law. On Friday last the question of nonsuit again arose. Mr. Crisp, for the defendant in the case of Ac! an cl, Campbell & Co. v. M‘Cutchcon, applied for a nonsuit on the ground that the plaintiffs had sued as “Acland, Campbell & Co,” without setting forth the names of the individual members of the firm. His Worship seemed dis posed to adhere to his original ruling and to grant the nonsuit with costs ; but, after listening to the legal talent imported from Christchurch, he declared that the practice ho had hitherto adopted was erroneous, and that for the future in all such cases he should amend the objectionable sum mons. This we thought would settle the question. Not so. Further oscillations of the magisterial mind were in store for us, more glorious uncertainty, for on Tuesday his Worship publicly announced that the course originally pursued by him was the correct one, as he had no power to amend the summonses in such cases ; for the future he would giant the nonsuit but without costs, his Worship not appear ing to know that he had the power tc do this long ago. Let us hope no more changes in the magisterial mind may occur after this ; that at last we have something certain. We may mention another important matter in which a change has been made. In almost every case suitors require witnesses to support their respective cases, and it is only natural that when a suitor succeeds lie should ask to be allowed the costs of his witnesses. Hitherto his Worship has refused to allow such costs unless it could be shown by the successful party that he had only subpoenaed his witnesses. Whether Iris witnesses were to give evi dence material to the issue or not seemed to be a matter of secondary importance, the essential element being the subpoena. Though we disagreed with his Worship on this point, we did not think fit to quarrel with him, thinking it better to have even a bad rule than no rule at all. But now a change has come over the scene. For the future, says his Worship, the expenses of a witness will be allowed, whether he he subpoenaed or not, if his evidence be material to the issue. But what of a witness who lias been . subpoenaed but whose evidence is after all un necessary as being either immaterial or simply corroborativo of what several have already sworn to ! what rule will his Worship make in such a case as this ? All this shows the urgent necessity that exists for positive rules writ down in black and white to regulate the practice and procedure of our Court.

Presbyterian Church, Rakaia. —The Rev. A. Beattie, Moderator for the dis trict of Rakaia, preached to a numerous congregation on Tuesday evening in the schoolroom, Rakaia, after which a meeting of the members and adherents of the church was hold, when it was proposed and duly seconded, and carried unani mously, that the Rev. B. J. Wcstbrooko bo called to undertake the duties of pastor to the Presbyterian Church in the district of Rakaia. Winslow Sports Committee. —A moot ing of the Winslow Sports Committee was held at Winslow on Saturday evening, to wind up business for the year. A state ment of accounts showed that after meet ing all liabilities there was a balance in hand of Lois. For the satisfactory man ner in which the hooks were kept, and also for the excellent way in which all the business had been conducted and the sports carried out, a vote of thanks was given to the Secretary and Treasuicr, and after a similar compliment had been paid to the Chairman, the meeting terminated. Congregational Meeting. —The an nual meeting of the Presbyterian congre gation was held on Monday, in the church —the Pastor presiding. The financial statement was submitted, showing that a large amount of money had boon raised during the year, and a heavy s’ice of the debt on the cause reduced, leaving, how ever, two mortgages on the church and manse to he wiped away. It was resolved to make a special effort to accomplish this object, and a strong financial committee was elected with this view. The Engleiteld Galop. —This is a composition by a local composer, and as it is not a very frequent occurrence in the colony as yet to hear of musicians trying their creative powers at pieces of music or songs, we have much pleasure in noticing the now galop composed by Siegmund Schwartz, of Christchurch, and published hy Messrs Milner and Thompson. We have looked through the galop very carefully, and wc think the air is one that will be appreciated on hearing a few times. At first there does not appear to be much in the composition, hut this a mistake soon found out, and as an easy, light, and bril liant piece we can recommend the galop to the musical public. The Distress in Ireland. - Owing to the collapse of the special meeting of the Borough Council on Monday evening, at which oniy four members attended, no thing is to be dune by the Corporation in regard to the Irish distress relief move ment till next ordinary meeting, when it is expected definite arrangements will be made for either holding a public meeting, or opening a subscription list. Wo had thought that the crying nature of the dis tr .ss, and the urgent need for aid would have brought more than four councillors together to consider what ought to be done, but doubtless, the ordinary meeting will bring matters to a. bearing, especially as nearly every town in the colony of any importance is moving ii: the matter. The Native Affairs Commission. —An Otago paper fears “ that Sir William Fox will be unable to forget party feelings, and in his eagerness to prove the policy of the lute Government wrong, lie may allow his zeal to outdistance his discretion. Sir Dillon Bell cannot be charged with the same tendencies, but he is vacillating, and on that account may ho overridden by the superior force and determination of his colleague. Ho will, however, at least try to preserve a calm and judicial spirit, and it is possible that, as is often the case with a team of horses of different tempers, they may run well together. ” Wakanui and Hinds Crops. —A corres pondent of the “ Press ” writes : —The crops generally in these portions of the Ashburton County look well. Going along Beach road, wc find Chalmers Bros. ’ crops of wheat will run fully thirty-three bushels per acre ; oats and barley looking well. Mr. Jameson’s crop of wheat is splendid, and should turn out fully forty bushels. Mr, Miller’s farm looks well, and his wheat crop is magnificent, and will yield quite fifty bushels. Mr. J. Brown’s crop is good, and should go fully thirty-seven bushels of wheat to the aero. Going further along to Mr. Thompson’s a threshing machine was at work, the grain operated on being oats, a fair average crop of thirty-five bushels. This is the first machine started near Ashburton this year. At Mix Wilson’s, on the beach, the crops look hardly as well as might be ex pected from the quality of the laud, about twenty-seven bushels of wheat per aci’o being the anticipated yield. At Mr. Corbett’s, opposite, the crops are about the same ; in fact, in the whole of this neighborhood, the yield, though good, will not be unusually large, as the soil is heavy, and the water lodging in the early part of the season prevented the young sprouts from getting away as quickly as they would in drier weather. No doubt, however, this ex cellent land will, in the average season, give a far greater yield than much of the lighter soils which are producing such immense returns this damp spring. On the Wakanui road there is some very poor land on which there is a good deal of oa.ts which will barely give 20 bushels per acre. Nearer Ashburton the crops look exceed ingly well, and the yield should certainly bo from 30 to 35 bushels per acre all round. At the north branch of the Hinds near the foot of the hills the crops are all looking well, but a little later. Soma oats are being cut, and one large field of barley was fully ripe. Mr. H. Poole has a large acreage of wheat which promises fully 35 bushels per acre, and on Mr. Sutherland’s farm there is a promise of even a larger yield. At Mr. J. Murphy’s, in the forks of the Kinds, wheat looks from 27 to 30 bushels. The first new oats have made their appearance in Ashburton, and it is reputed wore sold at Is 5d for immediate delivery. The Jawbone of an Ass. —A clergy man asked his Sunday school, “ With what remarkable weapon did Samson at one time slay a number of Philistines t ” for a while there was no answer, and the cleigyman, to assist the children a hi tic, commenced tapping his jaw with the tip of his finger, at the same time saying, “ What’s this 1 What’s this ? ” Quick as thought a little fellow quite innocently replied, “ The jawbone of an ass, sir.” Parer Dinner Napkins. — A new idea in advertising lias been started by the Associated Nows and Advertising Bureau of Auckland, in the shape of an “ adver tising paper dinner napkin,” the first of the kind in the colony. It is printed in two colors, on what is known as silk tissue, and contains a “tissue” of business notices, around which is a very tastefully executed border and design. This novel invention has been registered by the manager of the Bureau, and all rights for New Zealand reserved. Strange Atmospheric Phenomena.—■ Some very remarkable atmospheric pheno mena were witnessed about noon on Friday last at Elephant Hill, near Wai mate. On the top of a range of hills close to Mr. J. B. Parker’s homestead, several shearers saw a fierce whirlwind lift the water from a lagoon in the form of a very dense vapor, to a height of several hun dred feet into the air whore it was re ceived by an enormous bank or clouds for a few seconds, and then dropped, back in a confused and irregular mass, till it almost hid the top of the range, to he caught up again in a whirling spiral column. Those curious movements were continued for about ten minutes, and on their cessation a brilliant stream of light ning fell perpendicularly from the cloud into the flat at the base of the lulls, ap parently in dangerous proximity to a shep herd who was proceeding towards the station with a flock of sheep. Heavy rain fell almost immediately afterwards, and continued at intervals throughout the afternoon.

Primitive Methodist Church. —The following list of ministers of this church in the colony, with the stations to which they have been appointed for the ensuing year, will doubtless prove interesting to our Primitive Methodist readers :—New Plymouth, Josepn Sharp, and one to be obtained ; Wellington, Daniel Dutton, F.R. A.S., William S. Potter, William J. Dean, supernumerary; Auckland, Joseph Long, John Nixon ; Invercargill, Chas. E. Word ; Timaru, John Dumbcll; Thames, Thomas W. Adamson ; Dunedin, Josiah Ward, David G. Ford, George Smith ; Greendale, James Guy ; Ashbur ton, Arthur J. Smith. Missions—-Christ church-, James Clover ; Manawatu, Peter W. Jones, James H. Luke ; Geraldine, Thomas Sadler ; Oamaru, Chas. E. Bar ley ; Waimato branch, one to be obtained. From a statement laid before the District Meeting, we cull the following interesting statistics of the church: Travelling preachers, 19; local preachers, 118; church members, 10G7 ; Sabbath scholars, 280-1; value of church property, L 24,252 Bs. Id. A periodica], principally devoted to disseminating connexional intelligence, is published quarterly ; and a book-room in Wellington, under the supervision of the Rev. W. J. Dean, is, we understand, working very successfully. The Totalisatok.— The following is a copy of the Act recently passed in South Australia, and assented to by the Governor, Sir William F. Drummond Jervois, legalising of the use of the total isator : “An Act to Remedy Some of the Evils Arising from Betting at Races. —(Assented to 25th October, 1879.) Whereas great evils have resulted from rash and indiscriminate betting at races, and young men and others arc often tempted by reason of uncertainty of losing, and the chance of winning, to make bets which, if lost, are wholly be yond their means to pay, and in order to pay the same resort to criminal means of obtaining money : And whereas the use of the totalisator would tend to diminish betting by giving young men and others a pecuniary interest in races without the evils incident to indiscrimin ate belting : Be it therefore enacted by the Governor of the province of South Australia, by and with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows : —l. From and after the passing of this Act the instrument or contrivance for wagering or betting known as the totalisator, or any other machine or in strument of a like nature, and conducted upon the same principles, shall, when used uder the auspices of, and with the permission of, any duly recognised rac ing club, upon any public racecourse, be exempted from the provisions of the Lot tery and Gaming Act, 1875, and no house, office, room, or place on any race course used for the purposes aforesaid shall bo hold to be within the provisions of the Act : Provided that not more than one such totalisator, machine, or in strument shall be authorised or used upon such racecourse at any one time. In the name and on behalf of Her Majesty, I hereby assent to this Bill.” When the Screw Comes.—TheQucens land correspondent of the “ Sydney Daily Telegraph,” writing under date December IGth, says : —“ The realisation of the New Zealand five millions encourages people here to hope that we may get at least as good terms, though it is doubtful whether our 4 percent, will be relatively so attrac tive as the New Zealand 5 per cent, start. This game of borrowing indefinite millions is a pleasant enough one as long as the revenue is redundant ; but if I am not very much mistaken, we shall have rough times of it when the public creditor pre sents the little bills which will render in creased taxation inevitable. The screw is going down turn after turn, and the remorseless pinch will come when we least like it.” Kauri Gum Digging.— -The great in crease in the price of kauri gum (says the Auckland “ Star ”) has had the effect of diverting labor from various other occupa tions in the country. In some respects the opening up of this channel of employ ment occurred at an opportune moment, a number of hands having been liberated through the slackness of the saw wills. Some of these men, we arc informed, are earning, with the assistance of their wives, as much as LlO a. week. The women oc casionally venture out with spear and spade, but their usual occupation is scrap ing -the gum at home, an amusement which fills in the spare evenings of the single gum-diggers. It is estimated by a com petent authority that from L30,G09 to LiO.OOO a month of English and American capital is now coming into the country by gum. The stimulus has set to work not only hundreds of north rn Maoris, but also Waikato natives, to turn over old abandoned fields, yet the demand still keeps ahead of the supply, LGS being readily attainable for good gum. Hard Likes. —The “ South Canterbury Times ” has the following : —A Levels plains fanner, named Balfour, appears to be on the horns of a dilemma. The favor able weather has given him an enormous crop but his paddock is a fastness to which there is no access. In his anguish ho has applied to the Road Board but the overseer declares the poor man's property to be rockbound, a veritable fortification. The only way suggested for getting a reaper on the farm is by carrying it in pieces and scaling the ramparts. The overseer has been requested to do what he can, but he fears he can do but little. The Prince or Wales and the Poachers.— A prisoner, now undergoing sentence for a poaching affray, states that he formerly lived in the neighborhood of Sandringham, adding, “I was never in trouble while I lived there—nor nobody else !” Being asked why, he said it was because, if a man needed a dinner, and wanted a rabbit he had only to go to the “ House ” and ask for one. The Prince had given special orders that the men about were not to trespass and shoot for themselves, but that his keepers were always to supply a rabbit to any laborer on the estate, and that if none wore in hand, they wore immediately to go out and shoot some. Mi?. Gladstone on Small Holdings. — The following letter has been received by Mr. Jos. Arch in reply to a communica tion sent by him to Mr. Gladstone on the small farm system: —“ liawarden, Nov. 13. Dear Sir, —In replying to your letter I must disclaim all pretension to authority on matters of agricultural practice and arrangement. Under this reservation I am one of those who like to see, what I am glad to say we have lieie, a great variety in the size of holdings, and especially a liberal proportion of small or moderate holdings. I must not claim any merit in professing this opinion, for in this neighborhood large farms, unless when in the hands of first-rate tenants, give us most trouble. But, quite apart from this, I have always regretted the tendency, in some cases almost a mania, for absorbing small holdings by consolida tion. During the present period of pres sure I find in the reports from a variety of quarters that the difficulty is felt most with the largo farms ; and I trust the dis tress may produce, among other good fruits, a return to a better-balance 1 judg ment about tbe size of farms, and may check all measures to a contrary effect. I hope it will also tend to strengthen tho current of feeling favorable to such legis lation as shall set tho land free from pre sent restraints. Nor can I abandon the hope of an era when wo shall see a great extension of fruit, vegetable, raid even flower culture as part of our agricultural system, with an increased demand for rural labor. I am, dear sir, your faithful servant, W, E. Gladstone.”

The Sahara Desert Railway.— Since the failure of the canal project tho French have been fixing their attention upon the proposed railroad across the Desert of Sahara. A company has been organised for carrying out this daring en terprise, said to be entirely practicable, and the surveys will begin at once. The French expect that the railway will open up a country inhabited by fifty millions of friendly and intelligent blacks to the produce of the markets. The Minister of Public works takes the warmest interest in the matter. When one reflects that winterexcursions to the border of the Niger will soon be possible, he begins to ap preciate the miraculous nature of our modern civilisation. Paris correspondent N.Y, “ Evening Post.” They Knew Where. —At a recent trial in J ustico’s Court, a prominent saloonist was called as a witness. Upon being sworn one of the attorneys in the case said, “Mr. S., where is your place of business V’ “ What for you ask me such foolish dings ! You drink at my blace more as a hundred dimes.” “ That has nothing to do with tho case, Mr. S., state to tho jury where your place of business is ” “De shury ! de shury. Oh, by jiminy. Efoiy shcntleinan on dis shury lias a string of marks on my cellar door shust like a rail fence.” His honor hero interposed in behalf of counsel, and in a calm and dignified manner requested the witness to state the place of his business. “ Oh, excuse me, your Honor—you drinks at my blace so many dimes and pays mo notings. I dinks you very well knows where I keep mine blace. ”

TELEGRAPHIC.

BRITISH AND FOREIGN. {Renters.) London, Jan. 19. Parliament will be opened next session by the Queen in person. The death is announced to-day of the Due de Gramont, the French diplomatist, aged GO. A meeting was held in London to-day at which a resolution was passed demand ing that the Government should initiate public relief works. The homeward mail, via San Francisco, was delivered in London to-day. The total quantity of wheat afloat for Great Britain is 2,000,000 quarters. Washington, Jan. 20. Mr. Parnell has been granted the use oi the House of Representatives to address the members. Calcutta, Jan. 20. It is reported that a frontier province has been formed in Afghanistan, extend ing from Kyber to Hurin. Parliament assembles to-daj 7 . [Age S/ccial.) London, Jan. 19. The British annexation of the Golc Coast has offended the French press. London, Jan. 20. The Prussian finance Minister an nounces that the Reichstag intends to givi essential support to German interests a Samoa. Naval commanders have beer instructed to use the utmost energy h restoring peace on tiro island. {Argus Special. ) London, Jan. 19. Although the Kalisch incident is ofli cially deified, it is credited by the peaci party, which in Russia is in the ascen dant. A circular has been addressed by tin Czar to tiie European Powers, explaining the meaning of the troops in Poland, Russia had advised Sorvia to accede to tin Austrian demand. London, Jan. 20. Mr. Childers has seen the Prince o: Wales regarding the Melbourne Exhibition and is confident of his support. It is expected that Mr Childers’ proposal; ro the postal rates will be agreed to. Jules Favro is dying. The Indian revenue exceeds the estimate by three and a half millions. AUSTRALIAN. {Renter's ) Sydney, Jan 20. Trickett has announced his intention o‘ proceeding to England to row Hanlon, the Canadian sculler. The Wantabadgcry busb.rangers, Scot! alias Moonlight, and Rogan, wore exe cuted to-day. The sentence of death waf carried out privately, the press and public being excluded. Scott’s confession and autobiography have been handed to Canon Rich. It is expected they maj form the subject of an inquiry into the Egerton Bank robbery, as they are said to implicate others in the conspiracy. Cook'i own, Jan. 20. The Eastern mail steamer Somerset has arrived from Singapore and Hong Kong, with the Torres Straits mail. Latest news from the East states that a serious cattle plague is iaging around Shanghai, A violent shock of earthquake has been experienced at Yokabama, and a number of buildings have been destroyed and others injured. {Association Special.) , Sydney, Jan 20. Seott, the bushranger, finally denied having shot Constable Bowen, or being concerned in the death of F. M. Bates, the actor. He wrote voluminous]} 7 . Mrs. Anress, who was engaged to him, attended him to the last, and defrayed the cost of the funeral. INTE RPROYI NCI AL. Auckland, Jan. 20. Messrs. Grant and Foster, the Lincoln shire agricultural delegates, left for Christ church in compliance with a special invi tation, to examine the crops in Canter bury and Otago. They will return North, to examine the Northern and other dis tricts omitted. By next San Francisco steamer a party of twenty or thirty converts leave Canter bury for Utah. The passages have been taken by the elders here. Mr. Bryce telegraphed to the native meeting at Cambridge that he has stopped the survej 7 of the Petuero block, and will consider their request for the withdrawal of the Government proclamation, and throwing the block open to private pur chasers after next sitting of Parliament. The natives deny that there was any need to stop the survey. The block is one on which the Government paid Brissenden five thousand pounds, to pay oft 1 his in terests, and consists of 240,000 acres of fine land. The request of the natives is prompted by a few land speculators, and if the Government listen to it, will cause great dissatisfaction. The railway to Taupo will probably go through the block. The new Catholic school, built by the exertions of Father Ilenncberry, was opened yesterday. Tiie district meeting of the United Methodist Free Church commenced its sitting this morning. The report of the Harbor Board showed an increase of receipts last year of L 3497. During the year twenty-eight steamers and twenty-four sailing vessels, of the ag gregate register 92,218 tons, were docked. Several were docked more than once, so that the actual number was only thirty nine. The dock was occupied 132 work ing days. The leakage had increased in the dock to such an extent that in spring tides pumps had to ho worked every hour. The report goes on to say that unless steps are taken to prevent the railway reclama tion from being washed into the harbor in the way already being done, dredging operations must be resorted to or later j otherwise there will he no getting

alongside the wharves or to the graving docks.

Auckland, Jan. 21. Steps are being taken to hasten on the establishment of the Free Public Library. Notice has been given by the Committee of the Mechanics, Institute to return all books, and application will be made for the old Provincial Council Library, now in the custody of the Auckland Institute. Mr.- Rolloston has telegraphed to the Mayor of the Thames that land is now open for sale on the Te Aroa, and 18,000 acres more will be open shortly. The lands open comprise a series of small sections of from five to ton acres each and rural sections averaging 100 acres. No lands arc open under the deferred pay ment system. A system of drainage is proposed to cost L 3,125. At the inquest on the two girls drowned at Kawakawa a verdict of accidental death was returned. Graiiamstown, Jan. 20. Twenty-two applications were received by the governors of the High School for the head teachership. The applications will be opened to-morrow. Owners of forfeited shares in the old Whan mine intend testing the legality of the forfeiture. Legal talent arc already engaged. Napier, Jan. 29. The Borough Council has agreed to re duce the wages of all Corporation laborers, and increase the salary of the engineer by LSO a year. The Council a short ago decided that it could not afford LSO to the Hospital, but at next meeting voted the Mayor an honorarium of L2OO. Wellington, Jan. 20 H.M. S. Cormorant proceeds to the Heads this afternoon for shot and shell practice. The libel action, Anderson v. Kirkbirdo, claiming L2OOO for alleged libel published in a leading article of the “ Rangitikei Advocate ” on September IGth last, is now being heard at the Supreme Court. The Jockey Club intend to allow two totalisators on the course at the forth coming meeting. Subscriptions are being collected in aid of Mrs. Donald, whoso husband was shot at the Kaiwai’ra range on Saturday. The following governors of the New Zealand Institute have been elected by the affiliated societies for the current year : Dr. Duller, Mr. T. Kirk, and Captain W. P. Russell. The police intend to strictly enforce the provisions of the Employment of Females Act. Sergt. Anderson, of the Wellington police, has been appointed inspector for that purpose. A shock of earthquake was felt hero about four o’clock this morning. The appointment of Sir Win. Fox, Sir Francis Bell, and Hone Mold Tawhai, as Royal Commissioners on Native affairs, is gazetted. Wellington, Jan. 21. A little boy, aged 8, son of Mr. Gore, the caretaker of the reservoir, was drowned last night in a stream formed by the waste water from the reservoir. An inquest will be held. Alt. Fraser commenced his task of walk ing 100 miles in 2-i hours at 9 o’clock last night. After finishing 67 miles he gave in, having fainted. Nelson, Jan. 20. A large stable, belonging to W. Hunt, was burned on Sunday. The origin of the fire is unknown. The stable was filled with new hay. The office of the Foxhill railway station was broken into on Saturday, and between L 5 and LlO taken. Mr. Acton Adams, M. 11. R., .addressed the electors of the city last night. Ho spoke well for an hour and a half, and re ceived a vote of thanks. O aware. Jan. 20. At the meeting of the Harbor Board yesterday, a plan of the north wall of the breakwater was submitted by the engineer to the Board. The plan embraces a com plete harbor scheme for Oamaru, and pro vides for the construction of a wall run ning out from the shore to meet that already being carried out. The north wall is calculated to cost L 24,570, and will, when finished, make a basin of the harbor. There will be GO2O lineal feet of wharfage. Plans were also considered for deepening the harbor sufficiently to allow Home vessels to come inside the protec tive works, The plans submitted by Mr. M'Grcgor arc very exhaustive, .and, if carried out, will make Oamaru one of the best ports in the colony. It has been decided to bold a two days race meeting in March. The weather is splendid for bringing on the crops. If it continues, the patches of oats which have been laid will ripen, and the only loss will bo the additional cost of harvesting. Two thieves, for stealing postage stamps at Otepopo, received twenty-eight clays and six weeks’ imprisonment. Dunedin, Jan 20. The Fire Brigades’ Annual Conference opened this morning, with 16 brigades re presented, exclusive of Dunedin.. Superin tendent Harris was re-clcctcd President of the Association, and Fireman Robert son lion, secretary. Mr. Robertson was also appointed corresponding secretary to the United Association of Groat Britain. In the Supreme Court to-day, a special jury is trying the validity of the will of the late David Calder, of Caversham, which is disputed by several of his family on the ground of undue influence by his youngest chin ditor. His property is valued at over LIO,OOO, and war left to the four youngest, all the others being ex cluded. Mr. Fish was presented with a purse of 230sovs. by his sympathisers. The meeting carried a resolution expressive of entire confidence in him. Dunedin, Jan. 21. Tho Fire Brigade’s banquet last night was a groat success. Dr. Lightborno, recently appointed honorary surgeon of the Dunedin Brigade, promised to give menthol's an hour’s practice weekly on bandaging and splintering—a knowledge of surgery, lie said, that all firemen ought to bo possessed of. At the City Court to-day, Foot, arrested in Christchurch for passing valueless cheques, was discharged, prosecutor with drawing the information. The firemen’s conference closes to - day. A telegram from Mauritius states that sugar has further advanced 20s. per ton. Subscriptions to the Irish famine relief fund are coming in freely. Invercargill, Jan. 20. Tho meeting to raise funds for the Irish distress was a great success. A strong Committee was appointed, and over Ll3O subscribed at tho close of the meeting. LSOO was cabled to the Mayor of Dublin to-day through tho Union Bank. 'William M'Pherson, a well-known mer chant, has filed. At the inquest on the body of George Smith, who died from the accident at the Supreme Court building, the jury found that no one was to blame, adding a rider asking the Municipal Council to take steps to supervise the erection of scaffolding, with a view to prevent the recurrence of similar accidents. Tho “Times” says a movement is on foot amongst the volunteers to secure the return of Oapt. J. Thomson as Major of the Southland district volunteers.

THE LATEST.

PER OUR SPECIAL WIRE. INTERPROYINCIAL. Auckland, Jan. 21. Pastor Chiniquy is giving addresses at various Waikato settlements. All the cases in the Cambridge Native Lands Court have been adjourned indefi nitely save one. A large party of natives have left for home.

New Plymouth, Jan. 21. A little boy named Telfer was drowned in the Waitara last night. Wellington, Jan. 21. A notice, delegating powers to the Hon. 11. A. Atkinson as Commissioner of Customs, appears in the Gazette. The Kaiwarra Rifle Company intend asking subscriptions from all Volunteer companies throughout the colony, in aid of the widow of Francis Donald, who was accidentally shot at the rifle range on Saturday. • A child, belonging to Mrs. Tain, was kicked by a horse yesterday, and lies in a critical condition. The new cable to be laid across Cook Straits will arrive here almost the middle of next month. The jury returned a verdict that plain tiff was not entitled to any damages in the case of Anderson v. Kirkbride. A meeting will be held on Friday for making the necessary arrangements for the visit of Pastor Chiniquy. General Davidson, who has been ap pointed Inspector of Volunteers for the Middle Island, arrivedthis morning, where he intends permanently to reside. Captain Webb, late "lOOtli regiment, is appointed adjutant of the district, and has entered on his duties. Christchurch, Jan. 21. The notice of “Ennobled White and Red Wheat ” grown by Mr. M. H. Mold, of Ashford, Kent, England, which ap peared in the Christchurch and other papers some weeks ago, attracted atten tion of Mr. Solomon Lloyd, farmer, Majorica, Victoria, who has written to Mr. Murphy, Secretary to the Agricultural and Pastoral Association, asking that means may be taken to have a small quantity pro cured for him at any cost. With the view of getting the importation of this wheat into New Zealand, Mr. Murphy has trans ferred impressions of the product of ripe grain received by him from Mr. Mold, and, adding all particulars to hand, has forwarded them to the largest wheat growers throughout New Zealand. As soon as a sufficient number of orders are received, the Association will at once com municate with Mr Mold. Mr. Bercsford, Grand Secretary for the Orange Institution in the Middle Island, has received a telegram from Auckland, stating that Pastor Chiniquy will leave for Christchurch on Monday next, and will lecture the first night after his arrival. A man named Clarkson, undergoing a sentence of 10 years penal servitude in Lyttelton Gaol, attempted to escape this morning from the hard labor gang. He was pusued and fired at. and soon stopped. Two persons coming down the hill were nearly shot by the warders, who missed the prisoner. The children at the Lyttelton Orphan age, who were recently scut over to Quail Island, while necessary repairs wei’o made to the institution, and the building thoroughly fumigated and cleansed, will return to the Orphanage to-day. The whole of the buildings arc now in first class order, the greater part of the work being done by prison labor. Dunedin, Jan. 21. The Presbyterian Synod last night carried the Rev. Mr. Mackie’s resolution of welcome to Pastor Chiniquy, but in a slightly modified form. The modifications absolve the Synod from any commenda tion of his object, which is said to be the rasing of funds for a Priests’ College in Montreal, but regarding which the Synod had not sufficiently definite information. Colonel Scratchley will arrive on Friday, and Colonel Steel has been requested .to have the Volunteers ready for inspection. In the Supreme Court, in the case re Mr. D. Caldor’s will, the jury, after five minutes deliberation, declared the testator was of sound mind, necessary to the undertaking, when he made the will, and that no coercion had been used.

MOUNT SOMERS ROAD BOARD.

RESIDENT MAGISTRATE’S COURT.

A special meeting of the Mount Somers Road Board was held on Monday, after the ratepayers’ meeting. Present; Messrs. W. C. Walker (Chairman), Taylor, Cameron, and Peache. The Chairman stated that himself and the Surveyor had had their tune pretty fully occupied in going through the books with Mr. Frazer. The Surveyor’s report was read, recom mending certain works on the Gorge Road, which was in danger of being washed away, and recommending rock embankments and groins to protect the road. The estimate of cost of the work would bo LI3JL, or if piles wore used, L 239 18s. Cient Hill road was almost impass able, and a contract had been let at L2O IGs. (id. The Chairman thought the most impor tant work for the Board to do was to settle all outstanding accounts at the pre sent meeting if possible—more especially those referring to disputed claims with contractors. On Carlton’s contract for gorse fence, and tramway road, it was resolved to pay him L4O Ids. (id., provided he agreed to abandon his claim of L 32 14s. 9d. on the tramway road, as it was cons'dcrcd fully that amount would bo required to finish the road according to specifications. The total amount due to the contractor was LUG 2s. 3d. ; and sums of L2G ss. for de ficient shingie on one job, and L3G Bs. for work done by the Board on another — were also deducted, bringing the sum to bo paid down to L4O 14a. Gd. Mr. Carlton objected <o such deduc tions, and pointed out that the work done by the Board was in excess of the specifi cations. Ho refused to accept the amount except as part payment. The clerk was instructed to write to Mr. D. Forbes and Mr. Joseph Ferguson, informing them that unless the report upon their contracts for maintenance of roads be satisfactory, at the next meeting on Feb. 2nd, formal notice will be given them to complete their work at once. Correspondence was read as follows : From Mr. William Annett, relative to his contract on road from Anama crossing to MHymont’s corner. From Ashburton County Council, re bridge over North Ashburton near Pud ding Hill. The clerk was instructed to reply that the Board approved of the tender of Messrs. Thomas and Hill, and they considered the Mount Eutt Road Board should be informed of the amount of the tender, and bo requested to assist in the payment of one-half the amount. From Mr. Twentyman, requesting that a road bo formed to his sections between South Hinds and the Rangitata. Clerk to reply that the Board will give this matter their attention after the harvest. It was resolved—“ That Mr. C. J. W. Oookson should undertake the collection of all outstanding rates, and that notice thereof be advertised.” Tenders were opened for the appoint- - ment of poundkoeper to the Mount Somers Pound. It was resolved to re commend Mr. 13. Clark’s tender to the County Council, and that all the tenders be forwarded to the Council for their approval. The Clerk was instructed to call for alternative tenders for protective works, Ashburton Gorge, as soon as possible. It was resolved—“ That the Board as a whole object to the valuation list for 1880 on the following grounds : “ 1. That the list is in one instead of five, according to the provisions of the Rating Act, 18TG, section 0 “2. No proper description of properties valued is set forth, nor is a value set upon each section, so as to enable persons assessed to appeal. “3. That initials arc given in place of proper names and names of firms, and mere than one mime is set down in the fust Coburn.” The pay sheet, amounting to L 705 18s. 5d., having been passed for payment, the Board adjourned.

ASHBURTON— Tuesday, Jan. 20. (Before Mr. F. Guinness, R.M.) DRUNK AND DISORDERLY. Wni. Miller was charged with being drunk and disorderly, and with using obscene language. For the drunkenness, several previous convictions being on the records against him, ho was fined 20s. or 48 hours; and. for the bad language he was passed on to Lyttelton for a month. Thos. Joyce, for being on the premises of the Royal Hoteljwras dis charged with a caution. “the government whisky bill.” Shearman v. Knight.—Judgment was given in this case, as follows :—This case requires that complainant should clearly prove that defendant obtained the 'goods from plaintiff by a fraudulent representa tion of certain facts, and that when de fendant made this representation lie knew that it was false, or that he had not rea sonable grounds for believing it to be true (Addison on Torts, 4th edition—p.p. 835-0). It is there laid down—“lt is enough if a representation is made which the person making it knows to be untrue, and which is intended or calculated to in duce another to act on the truth o’f it in such a way that he may incur damage, and that damage is actually incurred. A wilful falsehood of such a nature is in the legal sense of the word a fraud.” (Other authories were also quoted bearing on the case). I have there fore to say whether the evidence adduced discloses such a fraudulent misrepresenta tion as the law, as laid down in the above quotation, seems to require. lam of opinion that the defendant made such a representation, on the truth of which plaintiff supplied certain goods for the men employed on the public works, under the control or. supervision of the defen dant. It is proved that defendant did not use any of the goods himself or that he derived any pecuniary benefit. It is proved that plaintiff supplied the goods. It is therefore necessary for me to ascertain if defendant had authority to order the goods. On this point the evidence is con tradictory—Mr. Lowe’s evidence not being positive as to giving permission to order them, whilst defendant swore he received a verbal order from Mr. Lowe. Under all the circumstances I am unable to say that defendant did not got the order, and as the plaint in this case is tantamount to a criminal charge, defendant is entitled to the doubt, and plaintiff must be nonsuited with costs.

CORRESPONDENCE.

♦ : We do not hold ourselves responsible for the opinions expressed by our correspondents.

AN EXTRAORDINARY JUDGMENT.

To the Editor. Sir, —ln last night’s issue of the “ Ash burton Herald ” I see, under the heading of “Resident Magistrate’s Court,” a judgment delivered by Mr. Guinness, R.M., which, to say the least, is a very extraordinary one. Mr. Guinness is re ported by the “ Herald ” to have said as follows :—“ I have therefore to say whether the evidence adduced discloses such a fraudulent misrepresentation as the law, as laid down in the above quotation, (referring to a quotation from a book called, ‘ Addison on Torts,’) seems to require. I am of opinion that the defendant made such a representation , on the truth of which plaintiff supplied certain goods,” etc. The italics are my own. Now, sir, after reading this it ap peared to mo that Mr. Guinness was of opinion that the defendant in the case had made “a fraudulent misrepresentation as the law seems to require. ” I at once as sumed, as I had a right to do, that Mr. Guinness came to this concl was to him sufficiently cogent evWßnce ; and I was prepared to see t&e judgment go in favor of the plaintiff. But, to my , utter amazement, I found the plaintiff was nonsuited with costs. Thinking I had read the judgment wrongly, I re-read it, only to find that it still stood as before, but that after having come to the sion that the defendant had made a “fraudulent misrepresentation,” Mr. Guinness proceeds to state that the evi dence about Mr. Lowe having given-the order mentioned by the defendant, was “ contradictory,” and fur that reason non suits the plaintiff with costs. But, sir, if Mr. Guinness is correct in saying that the defendant had made a “fraudulent misrepresentation ” about the said order, then the evidence could not have been contradictory; the whole weight must have been against the defendant. If the evidence was, as Mr. Guinness says, “ con tradictory ” as to whether Lowe gave the order or not, then, surely, the defendant should not have been held to have made a “fraudulent misrepresentation” about that same order when he said that Mr. Howe had given it. Without wishing to be at all disrespectful to Mr. Guinness, I think it might safely be said, that of whatever nature the evidence in the case might have been, the judgment was with out doubt self-contradictory.—lam, &c.-, An Inquisitive Reader. Ashburton, Jan. 21, 1880.

THOROUGHLY VIVID.

He was rather an uncouth-looking indi vidual, and as he sauntered into the shop, the crowd sitting on the barrels winked at each other, and made remarks about his person. “Where did it come from 1 ” asked one, pointing at him. “ Somebody left the door open and it blow in,” said another. “ I don’t think it’s alive,” said a third. “ Touch it and see ? ” said a fourth. “ Yes it’s a man—see it move?” queried another. All hands laughed boisterously. “ I’m a poor man, and I don’t want to have any trouble with any body. I’m a Christian, and don’t believe in turmoil and strife, and can’t participate in it. I pray you worldly minded people that you will allow mo to depart in peace,” said the new arrival. One of the crowd, more daring than the rest, hammered the man’s hat over his eyes, and another dabbed his nose full of treacle from a barrel standing by. Then the visitor took a small volume from his pocket, and began reading in a drawling sing-song tone. While he was engaged in this, the crowd played all sorts of tricks on him. One put some eggs in his pocket, and another smashed them Then the biggest man in the house poured some petroleum on his hat and lighted it. Then the shopman hit him under the nose with a dried cod fish. Then that man quietly put the little volume in his coat-tail pocket, and the shopman went head first into the treacle barrel. When the biggest man in the house picked himself from under the counter, it was next to impossible to guess where his head left off and where the fish began. No. 1 made work for the glazier, as'liep* hit a ventilator in the window. No. 2 hatched out half a barrel of eggs, and No. 3 got up into, the salt shelf, and stayed there. As No. 4 walked out of the deor on Ins back ho wondered how much it would cost to make him as good as new. Then the Christian man remarked, “The next time you folk pick me up for afc£ duffer look out you ain’t in the wrong box. * Good day, fellers.” The shop-keeper is waiting for them to coma round and settle for damage done, but they must have forgotten where the place is, as they pass right by without looking h\

K ASHBURTON GUARDIAN, THURSDAY, JANUARY 22, 1880.



LABOR MARKET.



REGISTRY OFFICE FOR MASTERS AND SERVANTS, AT THE ‘ EVENING HERALD ” OFFICE. TWARMERS REQUIRING HANDS Jfj can engage men through the “Evening Herald ” Registry for 1/- each’, prepaid. LABORERS REQUIRING SITUA TIONS can engage through the “Herald ” Registry Office by paying 1/-. SERVANTS REQUIRING SITUA TIONS can get them by applying at the “Herald” Registry Office, and paying !/-• ENGAGEMENTS will be POSTED UP every day at 12 noon and 4 p. ra., by numbers given to the applicants, who will learn the address on enquiring. SPECIAL or URGENT WANTS will be inserted in the “ Evening Herald ” in the registry column on payment of Six pence additional in advance, for each issue. Further Particulars on application at the “ EVENING HERALD ” REGISTRY OFFICE. SAUNDERS’ BUILDINGS, EAST ST., ASHBURTON. WANTED, those in search of employ ment, to call and either enter their names at Herald Registry Office, on pay ment of Is. TT ABOURER3 requiring work can fl J secure first opening by applying early at Herald Registry Office, on pay ment of Is. Qt ERYANTS requiring situations, call and get your names entered in the Herald Registry, Is. THMPLOYERS requiring any kind of 8H laborers can engage through Herald Registry Office, on payment of Is. in ad vance.



Larceny. —A man named Anderson, who is accused of stealing shirts from a swag in the Ashburton Hotel, was yester day remanded by the Mayor till Friday. The Execution on Moo'nlitk. —Tclc- grams iuinounce the execution on Tuesday of Scott and Hogan, the Wantaba-dgory bush rangers. Assault.' —His Worship the Mayor yes terday fined a man named Samuel Marsh oOs. for assaulting the Ashburton bridge keeper, and also fur being drunk ou the railway line. Hons for Timabu.— Six nuns of the order of the Sacred Heart arrived in Timaru on Monday in company with Bishop Redwood. Pour of them remain to take charge of the Catholic girls’ school, and a convent is to be built fur tnem at once. Joined the Majority. —Wo regret to announce the death of Mr. J). J. Henihay, of Seaficld. He had been in failing health for some months, but his demise took his family and friends by surprise, as up to a week or so ago ho was able to attend to his work. Mr. Denihay was one of the pioneers of the plains, and was universally respected and looked up to as on authority on fanning and other matters. Such men we can ill afford to lose. The Case Altered.— An individual, somewhat the worse for liquor, made his appearance at the railway platform, Rakaia, on Wednesday, for the purpose of giving into custody the barman of Par tridge’s Hotel, who, it appears, had ejected him from the bar, when, through his very demonstrative behaviour, ho was ultimately taken charge of by Constable Rouse, handcuffed, and placed in the lock up, the constable receiving a nasty blow on the head from the fellow in the struggle. He, with two other drunks run in during the day, will be brought to Ash burton this morning.