BIRTH.

Scott- On March 9th, fit Tinwald, the wife of Mark Scofct, of a daughter.

The Ashburton Guardian. Magna est Veritas et Prævalebit. THURSDAY, MARCH. 12, 1891. OURSELVES AND MR SPEAKER

As Major Steward who, during the past five years, has edited botti the "Ashburton Mail" and "Ashburton Guardian," except during the sessions of Parliament, has, m view of his elec tion to the Speakership of the House of Representatives, decided upon mak ing other arrangements, it is only fair to that gentleman and to ourselves to inform our readers and our contem poraries of that circumstance. Major Steward, as a matter of fact, has never at any time acted as our Parliamentary correspondent during session time, and has been most particular to give no political information to the professional gentlemen who have from time to time acted m that capacity, and he now deems it, inconsistent with the attitude of impartiality befitting the high office to which he has recently been appointed to write or have any thing whatever to do with any writing for the-press. upo.i political questions. He has therefore vacated the editorial chair of these journals—to which, however, he will doubtless be from time to time a con tributor upon purely local and non political subjects. For the post of editor we have been fortunate m securing the services of Mr George Bisset who has had nearly a quarter of a century's experience of newspaper work, and having the advantage of local knowledge gained by some years residence m Ashburton, will, we are satisfied, be able to maintain the con fidence of our readers.

LOCAL AND GENERAL

Mr W. C Walker has beeii appointed a member of the Land Board of the Land District of Canterbury. Sandy (who prides hhnself oh his perfect English)—" Man, I wasita five meenitss m London tull I was telt I was a Scotchman. Ay, ay, words wull slip, ye ken. Words wull slip, ye ken. Words wull slip." The Coptic from London via the Cape arrived at Hobart at 5 p.m., on Tuesday, and continued her voyage to New Zealand at six o'clock on Wednesday morning. She brings nine'een passengers for Australasi and forty four for ftlew Zealand. The overseer of the cattle yards at the Addington market on Wednesday stopped the sale of a cow with a cancer on her jaw. Mr R. F. Holderness, had her locked up for the night, and ordered her destruction. Husband : " How did you get on while I was away, my dear?" Wife: " Pretty Arell. Every night I got out some of your old clothes and strewed them around the floor, tracked mud all over the stairs and swore at myself occaionally, and it seemed really like home." Mr Hume Nisbett, author of the recently published story of queer life m Queensland, "Bail Up," has bad a somewhat evencful career. He has lived among all sorts and conditions of savages —cannibal and non cannibal—and he declares the cannibal to be the better savage of the two. * The following appears m the middle of the "Telegraph's" report of a meeting of the Hastings Borough Council:—At this point the business of the Council had to be sus pended m order that the Salvation Army might conclude the service it was holding outside the Council Chambers. An Irishman remarked about Scotchmen m Ceylon :— They never were at home but when they were abroad; and when they came out to Ceylon they ate and they drank, and they drank and they died, and after that they had the audacity to write ■ home and blame the climate. A wasp went buzzing to his work, and various things did tackle; he stung a boy, and then a dog, then made a rooster cackle. At last upon an, editor's cheek he settled down to drill; he prodded there for half an hour, and then he broke his bill. Germany is said to have close on 1400 creameries. The establishments are worked on the most approved principles—superior m many respejts to those of other Continental countries .In this connection it may be interesting to note that the German Dairy Association offer £200 for the best method of rapidly determining the butter value of milk. '' Ah, yes, his was a wasted life," sighed the bald-headed gentleman. " Was he dis sipated? Had he fin antipathy for work? Was he a gambler, a lover of fas]b hqrses, a " "Nay, nay," interrupted the bald headed gentleman, "fions of these, but worse, far worse. He spent his life endea vouring to raise vegetables which should remotely resemble the georgeous specimens he had seen m the seedsmen's catalogue. With reference to the unprecedented weather reported by cable as prevailing m Europe the following has been received from the cable station, Wakapuaka:—March 10, 11.30 p.ni.—Porthcurno reports communica tion to London and aU parts of England and America interrupted by a gale and snow atoms. Uncertain when it will be restored. —March 11, 8.30 a.m.—Marseilles reports through to London working well. Last year was a very serious one for the Dutch diamond industry, which was nearly paralysed by the action of the De Beers Company, of Kimberley, by reducing the pro duction of the raw diamonds from 4,000,000 to 2^009,000 carats per annum m order to keep up prjees. The price of raw diamonds rose mom ithajj }.QQ j?ej; cent at the mines, and it proved impossible to'ftbtajn a Bropor tionate advancs for the cut articlp; This state of things, says the British Consul at Amsterdam m his last report, coming on top of too great an inflation m the cutting industry m Amsterdam, created the greatest distress among the diamond workers, who, $,$ ?* *3jass, have the reputation of being very thriftless. Another automatic bosf device is described by Invention, which states that » niekel-in the-slot machine m Boston confronts the ermestrian who alights at the side walk with the legend written across its front, " Drop a nickel m the slot aud I'll hold your horse." He puts m the nickel, ty\yi\ two iron hands unclasp, the bridle rein is dropped, i^to t^ein aud they close again. There .yo.ij are. The horse is hold. The rider goes off about his business, Ih half an hour he returns. There is the machine, (there is the hopsei But the first legend has _ disappeared, and hi its place is the inscription m characters of living light "Give me a quarter and I'll let him so." An instance of the peculiarity of the rail way charges occurred to Mr W. Boag, when leaking arrangements to convey his imported sheep jfonin ifye Quarantine ground to his : funn. Ife firsjt arptngQrl to car-y them m a cattle tpuck' at a cost'ol '7s id, and the crates that they capje m from England were to cost 10s Id for parria^ jto Ifyjjanuj-' He sub sequently decided £o put tlf era inside the crates aud send them to PhrisjbebHjjc,}} 'fjiily, and was informed that the cost for tlia't would be 22s 9<l, or 5sS 7d «»°i'G MiWJfc would have cost to send them all the WftY to Papanuj. ia .eye truck and the crates m another*. He was the vic&em of another peculiarity recently Having bought a »sj.r of tiny ponies m Drin edin, he proposed to %e»id ifcfin up m a horse box m which a friend had a horse ti'&yelling jbo the same destination, but such are fch» ia^rs o£ the Medes and Persians (the Coin inigsiojijier^ f}}o {though there was room for half a d'ojsen' '#uqb ■jjia/ties, they would not allow the two QOnijjaiiiQUS to ifcj^el m the same compartment, Tfce result wasfchafc the transit of the two ponies cost him £0 Qs $A. The cost of a cattle truck, m which ,ej.gh't draught horses can'be carried from DumscWtt to Christchurch is £4 Is, and the Union ■Strain Ship Company charge £1 a piece for tiM hoW* conveyed by their steamers from Dujtetfii} ts> l e]ton,—"Lyttelto»Tiroes."

The Kakanui Search.

Napier, March 11. The Hinemoa arrived this cveniag.Cap tain Faivchild reports that he called at the Antipodes and Bounty Islands where he made careful search without finding any traces of the Kakanui. He also called at the Chathams and found some more traces of the missing barque Assaye which evidently drifted there from the Snares. Among the wreckage were a topmast and gun carriage belonging to the vessel, as well as {different articles of cargo.

SPORTING

SANGANUI AUTUMN MEETING.

[PBIt PRESS ASSOCIATION.]

Wanganui Racecourse, March 11. Two-year-old Stakes, of 150 soys ; six furlongs.—Tirallierie, Bsfc 31b, 1; Cretonne, Bst 31b, 2 ; Rosefeldt, Bst 31b, 3. Won by a length. Time, lmin 18sec. Dividend--£'2. Welter Handicap, of 50 soys; one mile.—Fleta, Bst, 1; La Petite Fille. Bst. 2 ; Pyramus, Ust 31b, 3. Won by a couple of lengths. Time, lmin 464-secs. Dividend—£3 Is. Flying Handicap, of 100 soys ; six furlongs.—Retina, TstlOlb, 1; Boulanger, Bat 21b, 2 ; Lochness, 7sfc 9lb, 3. Won by a length. Time, lmin 16f sees. Divi dend—£4 3s. £5643 passed through the tatalisator during the day. Cynisca carried Bst 91b m the Cup, under protest, Mr Hunter claiming the right to run her under the declared weight of Bst. It is, however, considered unlikely that Mr Hunter will take any further action m the matter.

SECOND DAY.

Wanganiti Racecourse, March 12. There is beautiful weather and a good attendance, [ Wanganui Derby, of 200 soys ; lh miles.—Queen of Trumps, Bsfc 51b, l"; Kapo, Bst 101 b. 2; *V a yland, Bst 101 b, 3. Won easily. Crackshot was scratched. Time, 2min 47|secs. Dividend, £2 12s. Second Hukdle Race of 100 soys ; 2 miles and a distance.—Sentinel, lOstlOlb, 1; The Peer, 9st 91b, 2; Koromiko, 9st 21b, 3. Won easily. Time—4min. 19secs. Dividend, £4 Is.

TROTTING MEETING'S.

OUBiSTCHURCif, March 11, The New Zealand Trotting Association has been informed by the Colonial Sec retary that the Association will hence forth bo placed on the same footing as Metropolitan Racing Clubs m respect to passing programmes for the approval of the Minister. This will enable Trotting Cluba to hold meetings without giving the amounts jn stakes stipulated by Captain Russell's totalisator regulations, but the Association's rules will hayp to be observed, and no Club wllj be allowed to hoid njpre £h^ four meetings m the, ye.ar. ' "

POLITICAL NOTES.

(piSB I'RBSS ASSOOIATIOK.) Wellington, March ll.l^ The Government have decided to a«k Admiral Lord Charles Scott, who is now at Auckland with the Squadron, to in struct a captain and two torpedo .experts belonging to the men-of-war there to hold an enquiry into the circumstances con nected with the gun cotton explosion at Slielly Bay last week. In addition to the reductions already detailed Mr Kirl?, assistant to &ir James Tfec|;c)r; sit|}je' Ojiiqilyfl ]|fi|seuni, and IVTr Palgtlipcpej'w.oocl' engraver, Ur^ to K» '^e tjred, thus saving £3(?Q. Cij,ptain is jo be tr-jmsfprred'tp tlie niarih^ de parfcmonfc. These charges meai] ' rgdug tion of £710 a year m the vote for the survey and Geological departments, although the real saving will only be £360. yjj.9 Minister of Mines left for Nelson md the W^ Gfiity this evening. He will visit all the coal an.<j[^o.i4 &Ws m the South tslahd'before he 1 returns, r " l Steati'o'ri), March 11, The ibanque,t tb Mr.McGuire; M.HIR., jLa^t A^g'ht 1 wks fy great success. The PjpnjjLe^' '^Ct^Srs Jl!f|.fc|Sji|§Qn |i,nd Hmitli, M.JI.R's. jyer.o '^resenjb! fylv Ijalhiuco was enihtfsiasticiijly" repeiyed. The hall wm crowd§4 mi )Wany unable to get seats,

SETTLERS' RIGHTS.

The prolonged drought which has been ] I experienced on the Canterbury Plains has been most severely felt by the j smaller land-holders who are not served by the water-races. Many applications have been made to the County Council for a supply, and deputations hate waited upon that body to urge their case, but the one answer of the Council has been that there were neither funds nor water to spare. Until latelythe .settlers—and we may at once give the definition of the "settlers " referred to m this article as .."holders of deferred payment, per petual lease, or village settlement lands " —were unaware that they had any tangible rights, secured to them by law, m the matter, and could see no other way of obtaining the necessary water supply than by petitioning the Council for it and offering to pay the cost of the necessary works. During the last few months, however, more attention has been directed to the law on the question, and it has been found that provision has been made m the Land Acts for supplying these particular settlers with water. Section 127 of the Land Act, 1885, provides that " One third of the price of any block of land disposed of on de ferrM payments under this part of this Act [part 111. Land on Deferred Pay ments] shall be handed over to the County Council or Road Board of the district within which such land is situated, to be expended m the con struction of roads within, or to open up, the block for the benefit of the selectors. And one-third of the payments made from time to time by the selectors shall, as the same arise respectively, be paid over to such' County Council or Road Board, as the case may be. The plans of proposed | roads shall m all cases receive the I sanction of the Land Board of the district." . It having been found that m some districts the settlement blocks were sufficiently served with roads, while a. water supply was of the utmost necessity to the settlers, provision was made m the Land Act Amendment Act, 1887, for such moneys as had pre viously been authorised to be expended upon roads being spent m providing a supply of water. In section 22 of the Amendment Act it is provided that " the third of the price or value of land, or of the rental thereof, disposed of on deferred payments or perpetual lease, required to be paid to local bodies under sections 127, 128, 130, and 160 of th« said Act, and under clause 9 of Appendix C to the said Act, and the fourth of the rent required to be so paid by section 208 of the said Act, including all such moneys as aforesaid as have not yet been paid as required, shall be paid as follows, that is to say,—lf the land m respect whereof the money to be allocated arises—(1) Is situate within a borough, or town district, it shall be paid to the Borough Council or Town Board thereof; but if the land be outside of a borough or town district, then the money shall be paid to the Council of the county or to the Road Board of the road district wherein the land is situate, as the Minister shall determine it would most advantage ously be expended m each case." The section further declares " that the pro visions of section 127 of th^ said Act, relating to the payment of the third of the price of deferred-payment lands to local bodies, shall apply, and shall be deemed to have applied from the date of the enactment of the said section, m respect of all lands held on deferred payments within any special settlement and village settlement, m the same manner as it applies to such lands out side of the said settlements." And the next section 23, is the crucial point:— "Anymoneysasmentionedinthelastpre ceding section, which by the said Act are directed to be expended m the con struction of roads within any lands, or for the opening up of any particular lands, may from time to time be ex pended m or towards the constructionor contributing towards the construction of water-races for the supply of water to, or for the drainage of, such lands, jf the Minister shall think the said lands would be more benefited by such last-mentioned expenditure, and he gives his written consent thereto." Nothing can point out more clearly than the wording and spirit of both the Acts which we have quoted that the " thirds " derived from the settlers must be expended within the settle ment blocks as regards roads, or, as regards water supply, m any works necessary for the supply of water to such lands. There is absolutely no authority for the expenditure of any of the "thirds" moneys upon the con struction or maintenance of any roads outside the settlement blocks, however much such roads may be used by the settlers, and the Road Boards who read the Acts otherwise, and are expending the moneys qn the general roads of their respective districts are clearly acting illegally. These " thirds" are expressly "earmarked " by law for the benefit of the settlers on the particular lands from which they are derived. They must be spent either i upon roads within such lands, upon supplying water to such lands, or upon the drainage of such lands. Roads are already sufficient^ drainage, is—in this district at any rate. — ncs required ; water is wanted by a large majority of the settlers, The Acts admit of no two interpretations • the facts as to the necessities of the settlers are admitted; the Minister of Lands cannot think otherwise than that the said lands would be more benefited by the expenditure of the "thirds" upon water than upon roads, and must give his written consent "accordingly; and the Minister can have no difficulty m determining that the moneys would most advantageously be expended by the Council of the county—that bein» the body m whom the. p^ntr-pl of. tlie fliple water, supply of tlie county is vested. " The whole matter is so clear that the sophistical interpretations of th.c Acts by'% opposing ifcufi will not stand for; a moment. The settlers' rights include a supply of water from the fund established by the "thirds" of their own payments for land, and they are now m the way thanks, we must say, to Mr Wright— of obtaining the proj^ir and legal ex penditure of those nidnevs '

I.he Brisbane weather bureau announces thsip the 'tilopical (I^turofinp^' has occurred m fhe districts north" of Brisbane, lliF r°« r? tr? y*l tqWSfee N,orsCape

FIRST ANNUAL MEETING.

SWIMMING CLUB

Patron—E. G. Wright, Esq., M.H.R. ; President •-Hugo Friedlander, Esq., J.P.; Vice-Presidents—Dr. J. M. Tweed, E. Kempthorne, Esq. ; Captain —Alfred Harrison, Esq., -I.P. ; Hon. Secretary—Mr .J. C. Lane; Hon. Treasurer —Mr F. Mainwating ; Com mittee—Messrs H. W. Barrett, W. H. Collins, E. Higgins, J. A. Muller, and T. H. McOwen. The first annual meeting o f. the Ash burton Amateur Swimming' Club came off yesterday afternoon at the Domain Swim ming Baths with a success and eclid which left nothing to be desired. The weather was perfect, and the afternoon being kept a close ho "id ay m town there was an attendanca of •v«]i O n for 1500 people, old and young. Mv Alfred Harrison, as Captain, exercised a general superin tendence over the carrying out of a long and interesting programme, m which Mr D. Thomas acted as referee, Mr Kemp thorne as Judge, and Messrs Francis and Salek as timekeepers. All the events were well contested, there being m all no less than 44 competitors, among theni a strong contingent from Christchurcli. The Club Championship was carried oif by E. Marsh, the 50yds handicap by Pauling, the 75yds (open) race by G. Jackson; (Christchurch), and the 100 yds (open) race by ■J. M; Watson, another .Christ church competitor. Club Championship, 100 yds; first prize, silver cup, presented by; Alfred 1 Harrison, Esq., captain; second prize presented by E. Kempthorne, Esq.—E. Marsh, 1; W. S. Mitchell, 12 ; E. Higgins, 3. The competition an this event was restricted to the three mem bors oithe A. A.S.Q. s riboye-i»amed, who reached the rope m the order given. Marsh had the race m hand from about half the distance, arid won easily. Time, 95secs. ... SjEVBNTY-i'ivE Yaud'S; Race (scratch), open to members' of any recognised Amaieur Club. For trophy presented by the Club.— G. Jackson, C.A.S.C.; 1; Wl Halliday, C.A.5.C.,2. This was swum off m two heats, two competitors m each,, all Chriatchurch men. The first pair to take the water were Jackson and S. G. Denhatn, the former, who is a sidestroke swimmer, doing tne distance m 56 l-sth sees, and winning by barely a yard ; the second pair being H. Hobbs and W. Halliday, of whom the last-named after an ■exceedingly-.' 1 close race won by a foot. The final heat between Jackson and Halli day was, though the latter is a very powerful swimmer, won with comparative ease by his younger and swifter competi tor, who reached the goal some three yards m advance of him. Time, 58 3-sths sees. Piving for Plates ; trophy presented by H. M, Jones, Esq.* There were four eiftries for this event which was won by Shields, who brought up m three tries as many as ten tin plates from the bottom of Ihe b»th, and was actually at one visi i forty seconds under water. T. Grubb was a good second, bringing up eight plates for his three dives. ; Fifty Yards* Handicap. First prize* silver cup, presented by John Henry, Esq. ; second prize, trophy.—T. Pauling, A.A.S.C., 10|secs, 1 ; J. Graham, A.A.S.C., 6secs, 2. For this event there were ten competitor's, four m the first and three each m the second and third heats. The first to take the water Were Marsh (2secs), Milsom (7Jsecs), F. Henry (Bsecs;, and H. Lawrence (10|secs). Lwrence although given a longish start was. overhauled by Marsh and Henry (both, side stroke men), a few yards from home, Marsh being the first to. touch the rope, with Henry a capital second. Time, 48 2-sths. Grubb (sSsecs), E. Purchase (B&secs), and P. Odokson (llisecs), then made a capital rf«e of it, being placed as named. Time, 48secs. The competitors m the third heat were J. Graham (Gsecs), T. Pauling (10 W:?), and F. Cookson (12secs";. This heat lay throughout* be tween Pauling and Graham, the former pulling it off by about a yard. Time, 48 3-sths sees. The final heat was a fine tussle between Pauling (10 J sees), Graham (fisecs), Grubb (sisecs), Henry (Bsecs), Cookson (llfsees), and Marsh .(2secs), Pauling passed tha limit man ;at the twenty-five, and kept his lead right through, although Marsh made a hearty bH for the honor, but the handicap was too much for him. Henry's., Bsecs were not enough to place him, and Grubb had evidently done too much m the diving competition, so that his bolt was shot early. Graham kept well up to Pauling and made a good second. Time, 47 2-sfchs sees. Fifty-Yards Handicap ; open to boys attending the Ashburton, Hampstead, and Tinwald Schools. Trophies presented by the Ashburton Borough Sch ">ol Com mittee," and W. Malcolm, Esq. F. Grubb, 6seos, 1; T. Begg, 2secs, 2. .R. Mitchell (2secs), H. S. Barrett (ssecs), F. Williams (6secs), and J. Alcorn (7 sees), also started. This was a gamely con tested event. Barrett scarcely took the ad vantage heniighthave doneofhisssecs, but showed plucky swimming. Begg held straight out to the goal, and swimming an even course with a telling stroke won his second place iv fine style, just behind Grubb whose win seemed to be very popular. The whole of the lads gave evidence of hard practice. Time, 57 2-sths sees. Thirty Yards Tub Race Handicap. First prize, trophy presented by G. P, Milsom, Esq. ; second prize, trophy.— P. Cookson, 6secs, 1; W, Mitchell, scr, 2. The first heat was won by W. Mitchell (scr) from J. M'Kee (Bsecs) who got into trouble with the tub at the start and did not finish. Cookson, arjd Higgins were m the next heat, and the same thing happened again, Mr Higgins affording much amusement by his struggles with the tub. In the final. Cookson had the advantage of Mitchell by.Gsecs start, and won easily. Both swimmers paddled their tubs very well indeed. One Hundred . Yards Handicap. Open to members of any Amateur Swimming Club. First prize, trophy; presented by Hugo Friedlander, Esq., President; second p.risje, trophy, pre sented by E. E, Wright, Esq. -r This m,aifc,ch was placed on the, programme by the Olub specially for the Christoburoh men, who had come m quite large numbers to the meeting, and many swimmers from the city attended who did not enter. The handicaps were made by Mr Francis and Mr Lane, and the results showed they had been carefully considered, and each competitor's ability very clo^y, estimated, First Heat- ■$. Jackson, SO i V i' ; H. Hobbs Ggfc&rf, 2 ; . ' J, R, Dunean, 9secs, F. Ej, Merry liseos, and W. Boot 14secs, also started. Mr Jackson had a hard pull out to win it, and m doing so he showed a superb stroke, long and raking, that took him through the water witk great speed. His stroke % i^e overhand wis M ra $ gPofrVteaiL Mr fi|obba, another Overhand swimmer, was a good second,'anil Mr Duncan, a mag* nificent breast swimmer, a good; $,fr3.' Time, 78 2-sth sees, ' ; '"" Second Heat.--J. M. Watson, Sseea, 1 ; S. J;. Denham, 4secs, 2. H. K. Anderson, 14secs, also started. This was a very closely contested heat, and some fine swimming was shown. Time,: 81secs. Third Heat-—J. H. Bernie, 15secs, 1; C. H. Fox, 12secs, 2. Mr Bernie did not win his honors with the greatest of ease at all, and this he^t was watched, wifeh intense interest, redqeed as it was. tp.' a match. Tim,e, 9& 3-s,th s ees, Fouttli Heat.—J,, Crummy, l?secs, 1; G. J. C. Smart, i3secs, 2. W. Hallway 4sqgs, 4n,d E,'l|, Sei\rell 7isecs, also Started, j^ I| a ijiday looked a winner all over when his splendid proportions were i displayed on the platform, and notwith^'

standing the big advantage (17secs) given \ to Mr Crummy, would have fulfilled the promise of his stripping ; but for some mistake at the goal he was disqualified, and Mr Crummy was awarded first place. Time, lOOsecs. Final.—Watson, 1; Bernie, 2. This, heat \VA<i fought out from stare to finish. Crummy led to the 75, with Bevnie close up, followed by Watson, and Jackson three yards m rear o( the third man. The three first mentioned sot on terms a few yards off the goal rope, and Wats jn and Bemie drawing off touched the tape almost together, but Watson Ruihciently m advance to give him fir-ht pines;. Jack son, m the last twenty yards, made a fine .spurt, and closed a grrand spin only a yard and a-half behind the winners. Time, 86-secs. Forty Yards Costume Rack, scratch. Competitors to be attired m coat, trousers, boots, and hat. Trophy pro seated by F, Femmau, Ksq.—W. Shields 1. E. Marsh, W. Burns, and E. Higgins also competed. At the plunge Shields went under water like a shag, and remained so lonn out of sight m his long dive as to leave the impression upon many of the spectators that he had not. started. Meanwhile the other three had made twenty-five yards of the distance. Their astonishment can be imagined when up popped, five yards m front of them, the missing Shields. His re-appearance from the depths called forth cheers from the crowd, which were repeated when he won the event with ease. The competi tors m this event were all clad as specified m the conditions. Seventy- five Yauds Steeplechase. First prize, trophy presented by W. Pattman, Ksq.—T. Grubfa, e^secs, 1; T. Pauling, 12secs, 2. E. Marsh scr, and J. Graham 7secs, also started. ' The obstacles were planks moored across the bath, and the competitors all cleared them' easily. Grubb struggled gamely to work off his handicap, and won from Pauling just on the rope, the rest close handy. .Fifty- 'Yards' Consoi^tion Race; prize, trophy,' presented by D. Thomas, Esq.—-Purchase 1, Henry ,2» Milsom and Burns also competing. Burns had evi dently been overestimated by the handi capper, as his performances throughout the meeting did not warrant the position he received m the several events, The meetjng closed with a five,minutes' spell at- polo "by sides chosen by the Captain and Secretary. The Captain had with: him an excellent. polo swimmer m j Mr Raphael, from the East Christ-church Club, and the two made grand play for some time, but ultimately the Secretary proved a host m himself, and well backed up by some of the very young members of the Club,;among whom Avere prominent E. Ranger, F. Williams, Fred GrUbb, and T. Begg, with E. Higgins as goal keeper, succeeded m forcing the ball through the Captain's goal. There was plenty of " ducking " during the play, of which all hands, Captain and Secretary included, had a share, which they took with the best of humor. The match was the best fun of the day, and Captain Harrison de serves the onlookers' thanks for providing it, as we understand it wayS mainly owing (o his endeavors that the match was brought off. Certaialy he took a very active part m it. Cheers were given at the close for the visitors, and returned by them for the Ashburton Club.

DISTRICT COURT

su h creditors to refrain from enforcing their rights, on .-.,0<.:...mt of the largo apparent^ amount of the Bank's prior claim. It is true th«it the mortgage con tains a covenant by the mortgagor to deiver the wool of fche mortgage 1 sheep to the Bank. But the lieu purports to strengthen the Bank's grip of this wool by conferring suiwhy powers over it not given by the mortgace, powois which might prove exceedingly useful m the event of the- hojor's bank ruptcy. Without reference to the ap- I paiv.nl double advance, the two documents j must be read, together m order to ascer j tain the full contract between the parties. | Iso doubt m the cane "Robinson v Clif .foid, 34L..1.C.P 17, the warning of the word ?.. defeasance" was defined iind marvellously restricted, owing to what Erie, C. J., stated to, have been fche object of" the Legislature m fmining the special provision m which the word occurs. It may be questioned whether, when, a particular term has been used m an-Act of Parliament, its meaning can be limited by what a Judge, however distin guished, declares to have been the reason of the Legislature for using it. Lord Esher's judgment m Conne'll v' London and Westminster Loan Company appears to militate strongly against Chief Justice Erie's limitation. It seems to me that if as m the present case, two instruments be s?iven securing the same advatice at the same time and as part of the same tran saction, each being apparently for a separate advance and containing no refer ence to the other, but so that payment and discharge, of either one operates as payment and discharge of the other, they constitute mutual defeasances, and are by Clause 26 void. Order granted, declaring stock morfc gage'a'nd wool lien void; with costs against the Bank. Mr Wilding asked for an order to stay proceedings pending an appeal, which His Honor granted arid waived security. In re James McCrenor.—Public ex amination adjourned till next Court day. In re Jas. Johnston.-Official Assignee v. Tolan..—This was an action by the Official Assignee asking the C^urt for an order declaring a certain memorandum of mortgage dated lObh July, .1890, given by the bankrupt, James Johnston, to one Charles Tolan over the bankrupt's farm at Springfield to secure an alleged cash advance of £570 to be void against the Official Assignee, and directing the said Charles Tolan to deliver up the mortgage deed to the Court to be cancelled upon • the grounds—(l} That the deed was void under the Statute 13 Elizabeth, c. 5, as having been made, with the intent to delay and defraud Johnston's creditors. (2) That it was a voluntary settlement and void under the Bankruptcy Acts. (3) That tli ere was no consideration to support the deed. Mr Purnell appeared for the Official Assignee m support of the motion; Mr- Loughan contra. It appeared from the evidence taken before the Deputy.-Assignee, and from that now tendered to the Court, that Charles Tolan is a.tingle man and a laborer, and had been living with and working for Johnston for many years before the bank ruptcy, nominally for'wages, but, accord ing to his own showing, not getting any. In 1884 Johnston mortgaged the farm to the Trust and Agency Company of Aus tralasia to secure a loan of £1600* and about the same time he executed « second mortgage m favor of Charles ToUrn and his brother Neil Tolan ostensibly to secure a cash advance of £850. ' On 10th July, 1890, Johnston being m insolvent circumstances, and a promissory note for £274 10s od held by Mr John Orr, which Johnston was unable to meet, falling due on the 15th July, executed a'third mort gnqe over the farm m favor of Charles Tolan to secure £570, and the Assigns© now sought to set aside this mottle. The mortgage deed recited that, itTwas. given m consideration of the sum of £570> "this day" lent and advanced by Tolan to Johnston ; but when under examin ation both Tolau and Johnston admitted that no such loan was ever mmdc, Tolan asserting that he took the mortgage to secure the .accrued interest upon the, second mortgage, compound interest and wages, while Johnston averred that it vms to secure past loans and a small sum for wages. The evideuoe of Tolan and John ston ,was flatly contradictory on many material points. The bankrupt and Mr John Orr were now examined for the purpose of showing; that the mortgage was a sham given by Johnston to put the equity of redemption of the farm out of Orr's reach, Mr J. C. Bell was examined and stated that there were no unsecured assets m the estate. His Honor made an order declaring the deed void under the statute of Elizabeth, also directing Tolan to deliver it up to be cancelled, and the District Land Registrar to enter a discharge of the mortgage from the Registry. Costs were allowed against Tolan. , ... 

ASHBtjtTON —WEDNESDAY.

(Before His Honor Judge Ward.) In Bankruptcy. In Be W. deß. Wilson. - His ■fidiior delivered the following judgment in the motion to set aside the securities held by the Bank of Australasia in the estate of W. de B. Wilson. For the Assignee, Mr Purnell; for the Bank, Mr Wilding. This is an application made by the Official Assignee of the estate of the above bankrupt for an order declaring a stock mortgage and wool lien, given by him to the Bank of Australasia, void under clause 26 of the Chattels Securities Act. It appears, from the evidence that Wilson, some time before he filed, desired to open an acoonnt with the above Bank, and that the manager, Mr Jamison, agreed to grant him an advance of £1000, on having such advance secured by stock mortgage over VSOO sheep, and by a guarantee to be given by one Ross. On 15th May last Ross and Wilson attended at the Bank. Jamison produced stock mortgage for £1000 and further advances, and guarantee for £1000, which were signed by Wilson and Ross respectively. On these being signed, Jamison states that he went into the office and got a cheque book; and got Wilson to draw out a cheque for £1000. Then he went and, procured £1000 in notes and a credit slip, which, at his request, Wilson filled up for the above amount. The slip and notes were at once handed to Low, the teller. Then Jamison took out a printed form of wool lien, filled it up as security for £1000 and further advances, and requested Wilson to sign it. Wilson raised some objection but signed as requested, without leaving the room. The whole, of the signatures were obtained within five minutes. Each of these documents (mortgage and lien) constituted a formal security for £1000 and further advances, and each contained no reference to the other, beyond this, that the stock mortgage contained a covenant by Wilson W give to the Barijt a lien over the Wool of the mortgaged sheep whenever required, lastly, each was admittedly given loathe same advance. It was contended, on behalf of the Bank chat the/ advance on the mortgage was complete when the credit slip was signed by Wilson, and accepted by the tetter from Jamison with the notes for £1000 : and that the lien formed an entirely new departure. But if the mort gagee was determined to have the lien, ii* addition to the mortgage, before W^on could possibly take advantage of the technical advance—-h^ore honoring one of his chequost v -ynti produced that lien for execution before he could si«n a cheque or leave tho room, and had it executed, within five minutes after the mortage, it seems to mo impossible to decide that the two deeds did not in reality form part of the same transaction, tor the Official Assignee it was coj&teaded that tho guarantee and stock; mortgage were mutual defeasances, bub in re,ply,"it was point-d. o^.by, Mr NYildiny that if the deU o£ the mortgagor to the Bank were extinguished: by a payment on the guarantee, tho guarantor could then claim from the Bank an assignment of the mort gage. It seems to me that" this reply is conclusive as to the guarantee o** the point of defeasance. And J tito»M if the condition of assigna^fc fa the, above, easier implied in ph t & arrangement between the. three parties,' can be. said to be $ueh a iV. condition " as would, und^f olmm Bfy , require, to be set out m the mortgage or | wool lien. But this fcaves: unteuohed the question of *he effect of the two last. | n>en^ioned documents, on each other. It j was urged for the Bank that in each case I where a document has been held a de feasance, such document has contained a variance from the terms of the original contract contained in the security held void; that, therefore, there can be. iy>. defeasance without such variance, and that no such variance, exists here. If a registered clopjn,ffi\ent contain certain terms, and th.ose> terms, are varied by I private agreement there is a savour of fraud cast over tho transaction, as being calculated <;o deceive outside creditors inspecting the registry. But if, .is in the present case, two deeds or mortg;v.":s are taken for the same advance, such creditors may be equally deceived. Here, the mortgage! and lien each purport to show a. separate ' advance of £1000, TAk Wgfa -<wm

THE MARKETS.

(P£R PRESS ASSOCIATION \ . Loxdo*; March 9 The total quantity of and flour afloat for the United K ing^om fe 2 ,252,000 quarters, and for th c Continent 1,068,000 , quarters. Wheat has advanced Is to 2a per quarter. South Australian wheat, new crop, quoted at 42s 6d,to 43«. The, Tsew Zealand Farmers' Co-Opere tiw Ai*sociation report having received the following cable from their London omce:— • . ' , "The present value of fair Average quality New Zealand wheat at Mark Lane, per 4961 bis 40s 6d, ex granary, sacks extra. The market has an upward tendency."

Addington Stock Market.

Chbistchurch, March IJ, There was another heavy entry m t&e fat stock sections and store sheep, and the attendance was large. Store Shbkp—About 6000 were yarded, all of which sold at good rates, a line of 200 sound mouthed merino ewes realised 5s 3d • other lines up to ss; forward conditioned merino wethers up to 6s 6d ; four-tooth crossbred wethers m forward: condition up to 13s 6d ; crossbred owes* sound mouthed, 9s to ]0s; crossbred! lambs, 7s to 9s. Fax Lambs —About 1800 were penned ;: the majority were cleared for freezing at> prices equal to last week's quotations; though there was.»tendency to dragging at the last. Fat Ssßeep—Over 4000. were yarded, a.nd, wet a very brisk sale. Prime cross bred freezers were m good demand at t4s to 16s; light weights, lls to 15& ---ewes, 9s to l?s, and up to 16s for extra. '■ heavy ; merino vefchers sold at lls to>lsg. Fat Cattle—26B head of nice quolity beei were offered, and an improvement ii* price was noticeable throughout the sale,, and prices ranged from 3.5s to 19s ner lOOlbs. . . Stoke Cattle—There was asinall entry of very mixed animals, and no leading lines. A few good heifers brought up to £3 13s, aud some two year okfe sold a*. £112s* a few very nice dairy cows we»e in good demand and brought from £§ ss; to,£t2s6d. Pws-r-The entry was small ami there* was ho change m prices.

Thk Best Remedy for lisdioestiox - Norton's Camomile Pills, are confidently ecommcnded aa a simple remedy for Indigestion, which is the cause of nearly all the diseases to, whica we are subjects Norton's 1 Pjuyj, with justice called the 'Natural Straigthcner of the Hurnaa StQmjwh.,,. act as a powerful tonic and gentl«< apevient,, are mild m their operation, and' fvii'e under, any circumstances. Sofel mi bottles, at Is 1-Jd, 2s 9d, Us, byaHujedicine^ vemiors throughout th« wo 14'% ' '

THE ASHBUBTON GIXAKDIAff, THTJBSDAY, MARCH 12, 1891.



There was no sitting of the R.M. Court j to-day. The -'Gazette" of March 5 notifies the appointment of Mr Charles Ward to be deputy-registrar of births, marriages and deaths for the Ashburton district. At a meeting at Christchurch on Wednes day, it was decide:! to form an Alpine Club. A committee was elected including Messrs Malcolm Ross and Hpdgkins of Bunedin, another Dunedin man to be chosen later on, and Messrs L. Harper, A. Harper, M. J. ))ixoii, and G. E Mannering of Canterbury^ An old man known by the name of Authny La\vry was found dead this morning m lua bedroom at the Commercial Hotel. He came to town for medical treatment pi* Monday from Valetta, where he had been for several years cook to Mr John Boyle. He was attended by Dr Tweed last night, and was found dead early this morniugy kneeling by his bedside m an attitude of prayer. Dr Tweed certified to apoplexy being the cause of death. At the meeting of rhe Hospital and Charit able Aid Hoard at Christchurch on Wednes-, day, Dr Trevor was re-appointed medical officer at Ashburton. The contractor for the supply of groceries to the Ashbnrton Home being unable to complete his contract, Mr Zander's tender was accepted for thirteen months from the Ist mst. The number of inmates of the Old Men's Home is fifty seven, and the reports are satisfactory. The total funds m hand on account of the Twigger bequest'were stated to be £606 17s Id, and a resolution was passed urging the trustees to set apart the proper portions of the late Mr Trigger's estate m accordance with the terms of the will; With what regularity certain of the counties of Scotland maintain their evil re putation for high percentage of illegitimacy says the " Scottish' Leader " may be seen by a glance at the table attached to the report of the Registrar-General for the quarter end ing September of the year 1890. Wigtown as usual, occupies the position of unenviable pre-eminence, with a total of 17 per cent, of the children born, Kirkcudbright, Banff, and Caithness following close m the running with ratios of 15.3, 14.8, and 13.1. But Kincar dine, Elgin, Kinross, Dumfries and Aberdeen are not far behind, the figures showing that m each of these counties the rate of illegiti macy is above 12 per cent. It is a noteworthy fact that characterises these returns each time |they are issued, that m the far off Highlands "and islands the offences against morality are uniformly low. In Shetland the rate of illegitimacy is only 2.2 per cent; m Sutherlandshire it is 4.3, The best medicine known {s SANDER and SONS EUCALPTI EXTRACT. Test its eminent powerful effects m coughs, colds, influenza, etc.—the relief is instantaneous. Thousands give the most' gratifying testi mony. His Majesty the King of Italy,*and medical syndicates all over the globe, are its patrons. Read the official reports that accompany each bottle. We have no occa sion to offer rewards m proof of the genuine ness of our references. The official reports of medical clinics and universities, the official communication of the Consul-General for Italy at Melbourne; the diploma awarded International Exhibition, Amsterdam —all these are authentic documents, and, as such, not open to doubt. We add here epitome oi one of the various cases treated by Siegenfc M.D , Professor, etc. Burning of the right hand through the explosion of a small oil stove. Th« epidermis on the volar au'd palmer side of the hand of the thirty-year old patient was completely separated and lifted up as far as the joint of the hand. The likewise lifted nails were hanging loose and half of the phalnax of the nail of the middle finger was coal d. The wounds thus ontracted healed m three weeks iiudert caily application of Eucalypt Exract dressing. The patient has retained the ful use of the hand.—(Advfc.) 1



CASH Advertisements under this heading not exceeding SIXTEEN WORD'S 1/-. Addresses may bu leftnt this Offi™ ~|j»R SALE—Very cheap, Light Rover JJ Bicycle. Ball bearings throughout. Nearly new. W. G. Murray, Ash our ton : 3 56 WANTED tv talco m plain sewing and niachino stitching, For address apply by letter, A.13., " Mail " Office. , . 3 50 "XT?" ANT ED Known.—Mrs J. Buch- W anan has opened as Fruiterer and Confectioner, next Messrs John Orr and Co., East Street. f F|RY the Great Drapery Sale now on { X at H. 0. Seoers. TT7 ANTED Known.—Miss J. Buch- V V anan, Fruiterer and Confectioner. Tea and coffee at all hours ; hot luncheon on Saturdays, 12 to 2. Next Messrs J. Orr and Go's, East Street. | "PRESENTS.— All holders of Tickets _L will oblige by bringing them mas 1 soon as possible.- H. C. Segers, Melford House. /POOLING atvd invigorating Ie« Cream I\J »s made by H. G. Flower, Con fectioner, East Street. r\/ ANTED Known—Some special \ V lines m choice Dress Goods at very low prices showing at " The Corner." WANTED Known—The "Strong wear " Boot is the best for Mens •jadiea and Children.—W. H. Collier.. \ \ / ANTED every man m the County V V to have a suit of the Ashburton Tweeds.—Robert At,corn, Ashburton Clothing Mart, Saunder's Buildings. QEGERS' Clearing Sale m all Depart O ments now on. One trial solicited. - Melford House. /~] LASS, Earthenware, and China, VJ~ direct from the Manufacturers. — Robkrt Alcorn, Tea Warehouse and Ashburton Clothing Mart, Saunders' Buildings. WANTED Known —The Cheapest Shop to buy Tinware and Gal vanised Iron goods m Ashbarton, is at W. F. Hannaford's, Burnett Street. A arge stock kept on hand. Tin and Iron ware goods made and repaired with des patch . 'VT OW ON —At Stationers' Hall, j -1-M Great Sale of Surplus Stock |»f Books, Stationery, Fancy Goods | Music, etc. Great reductions for cash, for one month only. Hundreds of books at less than English price. At L. F. AypREWEs & Co.'a, Stationers Hall. ST. JOHN'S LODGE, No. 1858, E.C. THE Monthly Meeting of the above Lodge will be held m the Masonic Hall, Ashburton, on THURSDAY EVEN ING, 12th inst, at 7.30 p.m. Lecture by Bro. E. G. Crisp, P.M, Subject: "History of Freemasonry." Visiting Brethren cordially invited. H. A.-TESTY, 3 70 Secretary. ASHBURTON /BOUNTY STOCK AND SALE \J YARDS COMPANY, LIMITED. THE ANNUAL Bam & Ewe-Fair WILL BE HELD ON THURSDAY, March «O(| At the Tinwald Yards. The sale will commence at 11 o'clock punctually OF.O. JAMESON, 2 X 44 {secretary. GENTLEMEN requiring the very " latest fashion m FLEXIBLE HATS (all colors) will find a choice sfcocV at the New Zealand Clothing Factory. WHITE and Fancy Scarfs, White and Striped Vests, Tennis Shins, buttoned and laced fronts, all colors, at the ]New Zealand Clothing Factory. Q UMMER Merino and Gauze Merino k) Undershirts, with long or short sleeves, at the New Zealand Clothing Factory. WASHING Derby Ties 6d each, six for 2a 6d. Increasing demand for these at the New Zealand Clothing Factory. BOYS' School Suits, well fitting, durable, and moderate m price at the Nbw Zealand Clothing Factory. AGENTS for the Wonderful New High Arm " Wnrtheim ' Sewing Machines. Latest improvements, new noiseless motion, increased ALX> who have used the " Wertheim' JStew fftgh Arm sewing machine, proclaim H *»' he the most perfect ■ewins machine yet podyced. Inspection nvitad. •vf¥vV~ZEALAIS TJ> CLOTHING IN FACTOBY, the leading Hat, Cap, and Clothing M»nui'i»etin iers, EAST STREET, .A SHBUBTOIT Agontffor the Wonderful Wertheim Sewing L Machine W. H. WEBBER, Manager. <7.5.s co ;pS^ u.s.s., co If ■ ■' UK lON STEAMSHIP COMPANY OF JTEVy ZEALAND, Limited. The Company's Steamers have «ovr *c ! jS.uined time table running to all ports. ! FHEEXCURSiON SEASON WILL CONTINUE 'fILL-UstMARCH. GEO. JAMESOST, Ag«nfc, Ashburton.



Public Notices. ( WJTB.T££t2 a' .-.-JJT fiir.'lH CHRISrOHCRCH DENTAL SURGERY, Corner of Cashel and High *treots S.:M TK"AHI) -Co SURGEON DENTIST And at Dtmedin vi.l Wostport CITE have gained tin FIRST AWARD VV "* the Dunediu Exhibition fcr Artificial Dentures and Mechanical Appii Ances for the Mouth, and it is with the greatest confidence that vc guarantee the highest class work and perfect fit at the most moderate eos[ A Single Artificial Tooth, 10s. Comple Set — Upper and Lower — temporary and permanent, £10 10s. Natural, Dukabm:, Comfortable Artificial Teeth Replaced Temporarily al most immediately after the extraction of decayed teeth or stumps without extra cc or charge. Arrangements can be made for part or monthly payments. ADMINISTERING NITROUS OXIDE 3AS several times daily for the past ten years, we fearlessly assert that extraction Of teeth under its influence is perfectly painless and positively safe; Fee for Administration, ss. Extraction, 2s 6d. Artificial Teeth and Dentures, made by other dentists repaired or remodelled at small cost. , MONEY JO LEND. -JITONEY to Lend at LOW RATES OF INTEREST, on Mortgage of FREE HOLD PROPERTY, m sums of £100 TO_£sooo For further particulars apply to the , Postmaster, Ashburton, or to J. C. PRUDHQE, ' District Agent. Government Insurance Office. Christchurch. W. W. SpencerACo. EXTENSION OF W. W. IPEIt'ER «c Co* Great Cleaking Sale. Being heavily overstocked, and m order to make room for a shipment of Goods which we have landing from Home m about a fortnight, we have made Greater Reductions than ever, All Wool, colonial ■ flannel, lOkl, 4-ply fingering wool, all colors, Is lid; Calicos 2s 3d the doz; Dress Goods 4id ; Washing Prints, 2hd, 3|d, and Ud ; Washing Muslin n 2s lid the doz ; Towels, 3W j H each ; a very large Towel 9|d, H Rnow Ghd ; very good Ticking, JJj 6d : double width Sheeting, Jj <J 7|d; heavy white Linen Twill El 0 Sheeting, lljtrl ; heavy cotton Shirting, sirl] Cretonnes, 4id ; l ffi Men's woollen Sox, llki; Boys' f H Braces 4d ; Men's Braces, 8d ; M <^ Men's Regatta Shirts, 2a lid ; £J Men's good Twecl Suits. 22s Q ' __ 6d ; Boys' Tweoa Suits from k |l] 4s lid ; Men's colored Moles r M7s 6d, now 5s lid ; Boys' do. p 2a lid. BOOTS. BOOTS. £j £h Men's Bluchers, 6s 6d ; Men's \}j colonial made Shooters, 9s lid; Boys' strong Boots very cheap. Women's strong Elastics, 6s fti; Girie' and Maids' Kid Elastic Sides and Button Boots 2« lld ; 3» lid, &nd 4s 6d at IT. W. tUWKXVKII * €•'• THE ARCADE. N.B.—W© hare this day : purchased * Traveller's Set of Saraples at a discount of 50 per cent. If you vraut a real bargain nowjs yx>ur_ chance. The Arcade. THE MIAI I^l 111 HE MY OF If ZE4L4VD (FIRE AND MARINE) THE Business of this Company has been TRANSFERRED to the COMMERCIAL UNION A SSURANCE COMPANY, Limited, of London, by whom, through the various Branches and Agencies m New Zealand, all accounts o wing to and by and all losses under the Colonial Insurance Company's policies will be settled m future. F. ALLEN, General Manager. Wellington, New Zealand, December 11th, 1890. THE COMMERCIAL UNION ASSUR ANCE COMPANY, (Limitkd) Established 1861. mcoruoraiied under Act of Pnrlkmenfc, 7 and 8 Vie, Cap. 110. Head Office ; 19 and 20 Cornhill, London Capital fully sulwcribed ... £2,500,000 Total Lives ed Funds ... 2,351,707 Total Annual Netfc Income... tj -}2, 239 HEAD OFFICE rat NEW ZEALAND ; Lumhton. Quay, Wellington. With Local ikxwdx of Advice m Australia and New Zealand. fSumeral Manatrer for New Zealand ; FRANK ALLEN, .J l», Kvery description of Fire n& %s*%}:{\io nsura»ii}« dfceted at LOWEST CUKKENT BATES 1 CUFF* GRAHAM, ' Manngera for Cw^erbury, Cltn*sfcel.urch