THE TIMARU CAMP CASE DECI SION.

The following is the full text of the j judgment given by the Stipendiary i Magistrate at Timaru, in tho cases J Beiliy v Gordon and others and Budd v. same. The first question to be decided is that of the liability of tbe defendant whether in fact the contrasts were entered into by them as public servants on behalf of the crown, or nor,. I have conne to the conclusion that in neither i case has it bean proved that a contract waa made on behalf of the crown under lawful authority, express or implied With regard to the catering contract no such supplies were r* quired on be half of the Government The executive Department made an allowanoe to each officer and man at th*» Easter Volunteer encampment, leaving it to them to supply themselves with such provisions as they might require. As to the canteen contract the clause in the Volunteer Regulations for the establishment of canteens appears to be the merely permissive (291); another clause (299) requires a condi tional license under the Licensing Acts from the Licensing Committee, but it could not be argued that the Committee for instance, in granting such a license would be liable for a breach of con tract. The proceeds of the sale of the privilege to keep the canteen for the sale of liquors to the volunteers and their friends was to be applied to reduce the cost of the catering to the men generally and not te the public funds. The cases quoted by couna-1 for the defendant are thus clearly dis tingaiehable from the case before the Court ; and it does not appear to me that the true remedy was as suggested by action against the Crown under •'The Crown Suits Act, 1881." The evidence discloses a clear breach of contract in each case, and it remains to decide the question of the liability of each or all of the defendants. It may seem a hare ship that these; persons have been selected. Two of them appear to have been dominated by the official position held by the third, but although these claim to have been acting ai the agents or servants only of their leader or principal they were one and ail interested in the subject matter of the contracts, and took an active part in it, and, I hold, are all responsible accordingly. In Riley's contract for the canteen, as regards the preliminary expenses, I am not satisfied as to the claim of £40, which on the evidence adduced, appears to me ex cessive, and I have reduced it by one half; the work was not completed and part payment seems to have been made by Mr Burke. As to the profits, it is difficult to say what the plaintiff would really have made. After going carefully into it so far as the evidence admits, I think that £102 is a fair estimate, from which has to be deducted the sum of £52 payable for the privi leges. This would leave £36 for ex penses and £50 for profit, or £86 al together, for which I give the plaintiff judgment with costs. Budd's contract for catering is more difficult to arrive at. There would seem ou the evidence to be little or no profit to be derived from it, but the plaintiff would be en titled to recover what he can show to have reasonably tost by the breach and no doubt he was unnecessarily put to some preliminary expense and loss, The particulars of these were not gone into to a great extent, and ho appears to me, by his statements, to have gone to greater expense than the circumstances justi fied. I can only arrive at an approxi mate estimate as to what he actually s»ff-r<d, guided by what expenses a prudent business man should have incurred, under the circumstances. There appears to have been consider able doubt up to the last as to whether he was to have the contract or not, to hia own knowledge, and he should have guarded himself from possible loss accordingly. The result of any imprudence on his part cannot be charged as a reasonable loss. '1 he judgment will be for the plaintiff for £60 and costs.

Mr Raymond, for plaintiffs, asked that the question of costs be allowed to stand over for a week, aud Mr Bolleston for defendants, concurred, and intimated also that he would consult his principals on the question of appeal.

The Invalids per Whakatane

United Press Association—By Eleotrio (Telegraph Auckland, Sep 13 The following are the invalided troopers returned by the Whakatane :■—Corporals O McDowall (Roberts' Horse), Sullivan, Fifth Contingent (Wellington), Trumpeter H Bell, Second Contingent (Wanganui), Alfred Thomas Kitney, Hotchkiss Battery (Marton Gorge), Currie, Fourth Contingent (Waiuku), David William Proaser, First Contingent (Leeston), Kis yon Blaramberg, Third Contingent (Wanganui), Robert Mark Thompson, Fcurth Contingent (Taieri), L»nce Corporal Qainten Golder, Third Contingent (Wanganui). They were met at the wharf by the Mayor and Colonel Banks, and driven to the City Council office, where i an official reception took place, speeches j being made by the Mayor, Canon Mac- Murray, Rabbi Goldstein, Messrs Kirker and Kidd. Several of the troopers spoke in reply Corporal MacDowsll was shot right through the head at Thabanehu, a Mauser bullet entering behind one ear and passing out on tbe other side. Aa he lay wounded a pom pom shell exploded near him and buried him with earth, under which he lay oaoonsoiouß for five and a half hourßi All the men appear to be well on the road to recovery, There was a large attendance of the public, and the returned trooperß were given a very hearty reception,

TIFF. ASHBUBTGN GUARDIAH : FRIDAY, SEPTEMBER 14, 1900

Printed and published by Alfred Jobn Tyrrell Baxter, b* Wills street wtsfe for the Proprietors, Robert Bell and Henry Adah Mackav, ab their Printing Office, Burnett Street, Ashburton FRIDAY SEPTEMBER If, 1900



-f-UST OPENED-F.shirjgTackle, Pers.s. f * Ka^amea from London. The latest Rods, Minnows, Lines, Off Hooks eto. etc. ltarly inspection invited—Habdlhy Bros rjOVERNME^T LIFE INSURANCE DEPARTMENT. Policyholders and those about to insure should note tho three essentials of Life Insurance,— SECURITY. LIBERALITY. ECONOMY. IN THE GOVERNMENT OFFICE,— SECURITY is 'unimpeachable; tho pay ment of every policy is guaranteed by the State; and, in addition, the accumu lated Insurance Fund, invested in the soundest securities, now amounts to over three millions sterling. LIBERALITY is unequalled. Policies in arrcar are kept alive so long as the charges ou the policy are not in excess of the surrender value. Policyholders are' unrestricted as to travel, residence), and occupation. Claims are promptly paid. Premiums are charged for a;^e nearest birthday. Policies are unchallengeable on any ground except fraud, or suicide within six months. TJI cbNOMY is insured by direct Parlia- JLU meutary supervision. All expenditure outside payment of claims, &c, has first to receive the sanction of the Legislature. Funds, over THREE MILLION POUNDS, ] f Annual Income, over £400,000. Cash Surplus in 1896 (for three years), £225,000. J. H. EICHARDSON, 61 Commissioner.



A 0000 OOUQH MEDICINH FOB CHILDREN 'I have no hesitancy in r oommendinf? Chamberlain's Cjngh Kennedy,' asys F P Moran, a well known and popular baker, f f Petersburg, Va 'We have given it to our children when troubled with bad coughs, a'so whooping cough, and it has always given perfeot satisfaction. It was recommended to me by a druggist as the best cough medicine for children, as ib contained no opium or other harmful drug.' Sold by Ashburton Drug Company TO THE DEAF—A rich lady, cured of Peafaess and iVoiseß in the Head by Dr Nioho'son'd Artificial Kar Brume, gave £500 to hia Institute, to that deaf people unable to procure the isar Drums may have them free. Address No. 667 d. Tbe Nioholeon Institute, Longcott, Gunnersbury, London. AN HONEST MEDICINE FOR LA GRIPFB George W Waitt, of Sjuth Gardiner, Me, gays—'l have bad the worst oougb, cold, obiUe and grip, and have taken lota of trash Of no Bocount but profit to the vendor. Chamberlain's Cough Remedy is the only tbing that bas done any good whatever. I bave used one bottle of v, and tbe obills, cold and grip bye all left me. I congratulate 'he manufacturers cf an honest medicine.' For sa 0 by Ashburton Drug Company j HARDLEY BROS, Ashburton, supply] windmill and stand for £12, Well finking *cmoderate rati n,



PUREBRED PRIZE POULTRY. KGGS. MINORCAS, Brown Leghorns, Andalu- Bians, Langshans, and Dorkings, from 5a to 2la per sitting. 8 187 H. ft. BKRRYMAN. OWISG to a great increase in busii.esß, we have arranged for extension of promises, and to avoid removing and storm a lot of our Stock, will hold a Genuine Clearing Sale For One Month, previous to the builders commencing operations. This is an opportunity rarely met with of obtain ing New and Seasonable Drapery and Cloth ing at Greatly Reduced Prioes.—Robert Alcorn. __ THE RAPID LIGHTNING GLO3 TBB ONLY RELIABLE SHIRT POLISH IN THE WORLD. T\/TRS MILLED, of Dunedin, the Pro fessional Laundrers, fsays ;—lt is the best I have ever used. It makes Shirt Ironing a pleasure. Wise Mothers and Sisters try it and save your strength, temper, and patience Onoe tried, alwayß used. Sold in Tina at SHEARMAN BROS' & JOHN ORB & CO.



Ik.— —■» „f »»' ■WJBSi—uymaiiwiwim—.ißiniiiiii mn iwhhwhii in—■ —I~— Tirm—T~~*"^* r~'"v**"r*''~~***'~"^ W. STRANGE] Sole Partners akp T, COVJ£K»A.I_E Proprietors. — .—__ ;x: ——— THOUSANDS Will be Interested to Know that Our Monster Stock-taking Bale IS ~zN 0 W ON = AT CHRIS'I CHURCH. A _J this GREAT SALS it is our Custom, every year to SACRIFICE the ENTIRE BALANCE OF OUB WINTER STOCKS EVERYTHING HAS TO GO I-Because, you ace, room'fhaa to be made—somehow— for SPRING AND SUMMER SHIPMENTS ALREADY BEGINNING TO ARRIVE. In order to effect as complete a clearance as possible, we Ehall make SWEEPING REDUCTIONS in EVERY DEPARTMENT. Even plain Household Goods, such as Calicos and Cottons generally (made and unmade) will be reduced ; alao the price of Suits and Single Garments, both to order and ready-made, Furniture, Bedding, and everything we make and sell. GOODS OF FASHION The came remark applies to " GOOD. OF FASHION," such aa our Exquisite London and Parisian MOD 'L MILLINERY, our Stylish Winter Dresses and Dress Goods for Svening Wear, and our lovely Winter Jackets, Mantles, Capes and Macintoshes, all of which Must be Sold for what they will Bring, »»ws never carry overauch goods frotn season to season* Cuite possibly you may exclaim,, on reading the above, «OH, I AM HO __OK-irXT' But I live so far away from Christchurch I can'c get thereto attend the Sale. That doesn't matter in the least, since you can do as HUNDREDS already do, SHOP WITH US EtY POST if you can't Bhcp with ua in person ! GET A CATALOGUE. The first thing to be done is to get a Sale Catalogue (they have been well circulated already, but if you haven't got one wo wiil send you one Post Free on application ) Having gob your Catalogue read it carefully through (you will find it really interesting), make your selfciions, write down yonr requirements pa plainly as possible, enclose Stamps P. 0.0. or Postal Notes to vai c of Goods, and—drop your letter in the Post Box, and WE WILL DO THE ItEST By return Train, T'oat or Coach, as the case may be, your Parcel shall be forwarded— and we will take as much care to pleaße you at though you walked up to one of our counters and made your purchase personally. If we are Sold Out of the precise line you want ws will send the Nearest Thing to it, and if you are not satisfied then, we will return you your money DON'T MISS THS CHANCE this Sale presents to you to secure EXTRAOBDINART B AlAGtiklNS. THE SALE WILL SOON BE OVER, AS IT POSITIVELY ENDS ON August 31, 1900 STRANGE~&~COMPANY, CHRISTCHURCH. New Zealand Insraee Conpiy. ESTABLIS hTu> 0' 1 « 18 5 9 CAPITAL^OnFMILLION. THEPREHIXB h^jTwEkVimMßT COLONIAL COMPANY, NOTED FOB PROMPTNESS AND LIBERALITY,, PAID-UP CAPITAL AND RESERVES—£4OO.OOO. FIME AND "MARINE RISKS. ALSO,- RISKS ON GROWING CROPS, THR» HING Bf ACTOiSKS, &o„ ACCEPTED AT LOWEST TORRENT RA E *W\ HANM'E'B . AQBfNT BELFAST AND FAIRFIELD FREEZING WORKS MANURES, ARE THE BEST T7IOR TURNIP, RAPE WHEAT, AND ANY OTHER CROP. SPECIAL MANURE can be macb for any kind of Soil, or description of crop. SATISFACTION GIVEN EVERYWHERE LAST SEASON. MANURE OAN BE SUPPLIED IN 1 Owt, or 2 Owt. SACKS Orders received by _3,E£lJKJ3__,A:Nl}lt:;ra BBtOW., l_lmfte&., OJkTVIH THOMAS, OR 17J__Jt_i tt.Sb. FABMEBS 00-OJ>J__£CA.I,J'V"II2 A eSfesOCJIikTXOP* OJrT CAWTKBBUBY, X-imitedi., CANTERBURY FROZEN MEAT AND DAIRY PRODUCE EXPORT COMPANY. LIMITED. 880 F. WAYMOUT i Sectary. ,



H. M. JONES. H. M, JONES. STATIONERY BOOKS. ACCOUNT BOOKS. £)fZf\ AAA ENVELOPES, imported direct. Commercial Envelopes £D\J _ \)UV.r from 3s 6d per 1000; 5000 at 3s per 1000. Boxed Stationery, latest styles, from 6d, 9d, Is, Is 6d, 2s bos.. FTANOS ORGANS. 44 payments of £1 each will purchase a splendid overstrung, full trichnrd, massive iron-frame Piano, up-to-date in every particular. Only £1 required to be paid at time of purchase. Call and see this before you buy elsewhere, ; Organs from IGs per month ; Pianos from 20a per month. i .-_-_-_>-_-_■ CRICKETING AND LAWN TENNIS MATERIAL Just arrived, ex Gothic, from Wisden and Son's, London. RACQUETS, London inlaid, Victoria, Invicta, Champion, Match Popular BALLS, Plain and Covered, Slazenger'e, Silvertown, Wisden's. CRICKET BATS, Warsopp's, Wisden'sall caia, Duke's, Union, Hearne's and others. BALLS, Hearne's, Duke's, Wisden's, Craven, Match, and Practice Balls; H. M. Tb N E S . • GOOD NEWS _FROM_THb FRONT. JSruger learns that the British mean to get Justice for all in South Africa. WE HOPE the People of Ashburton bave learned that we give Justice to our Customers in all our numerous lines. We have just landed, per the s s «* Whakatane," the finest assortment ol Brass and Iron BEDSTEADS ever landed in Town. Latest styles and designs. Direct from tbe Manufacturers in Birmingham. Call early and sec for yourselves. About 100 Bedsteads to choose from ; all sizes; all prices. BEDDING of all kinds kept in stock and made on the premises. We have also just received a choice shipment, per the s s Rangatira, of TAPESTRIES, SERGES, PLUSHES, UTRECHT VELVETS, fiRETTONES, Eto , for Furniture, And. having secured the services of a First-class Upholsterer (late ot Mel bourne), we are prepared to make New and Repair Old FURNITURE in up-to-date styles, at lowest prices, on shortest notice. Linoleums, Oilcloths, Rugs, Mats, Matting, Carpets, etc, just opened. New patterns, grand designs, per ss" ionic, i At the request of numerous Customers, we have imported a choice assort ment of OILCLOTHS for Dados, which have just opened up in splendid order, Cell and inspect them. For Bedroom Ware, Dinner and Tea Ware, Fancy Goods, Pictures (framed acd unframed), Photo Frames, Vases, etc, see our stocks before buying else wl ere, Pictures framed in latest styles. Largest stock of Mouldings in Town tc choose" from. Colonial, American, and Austrian Chairs^ Folding Chairs, Camp Stools anc Wicker Chairs, Bamboo Tables, and Flower Stands with fancy stand anc hanging pots, also a few Bamboo Overmantles. Bamboo Cornice Poles, al sizes and prices Duchesse Tables and Chests, Washstands and Wardrobes, kept in stock anc made to order in any design. Perambu'fttors, Go-Carts, Children's Chairs of all kinds at various prices. LIBERAL DISCOUNT FOR CASH, AT T. H. UN DRILL & CO.. CABINETMAKERS, UPHOLSTERERS, & UNDERTAKERS, TANCRED STREET, opposite Akcadb. LINOLEUMS. LINOLEUMS. Y"WUR FIRST SHIPMENT FOR THE SPRING NOW LANDED, EX g.B GOTHIC Choice and Novel Designs in all Widths. Remnants of Last Season's Goods at Reduced Prices. CARPETS, CARPET SQUARES, RUGS & MATS. MITCHELL AND TURNER. (xauieii Took Garden Tools OF EVERY DESCRIPTION Lawn Mowers JL&wn Mowers Cheaper Than Any Other House SPADES- FORKS, TROWELS, BAKES HOES, SCYTHES — :xi - Fowl Netting Fowl Netting 10,000 YARDS JUST LANDED GOME EARLY AND SECURE YOUR REQUIREMENTS W. H. COLLINS & CO., IRONMONGERS, PAINTEBS, TIMBER AND C^AL MERCHANTS AGENTS ROYAL INSURANCE CO,



SPRING GOODS.' NORTHCOTE & HEFFORD A now Showing Their First and Newest Arrivals in SPRING NOVELTIES. Ladies' Fischus Lace Ties, Ladies' Silk Ties, Bows and Collarettes, Black Slack and White -fleets in Silks, Satins, Sateens, and Lustres BEiUTIFOL BLOUSE MATERIALS. New Sailor Hats, new Fancy Hats, new Khaki Hats, new Hat Bands. Child's new Pinafores in Silk and Nainsook New Millinery in latest Chiffon Trimmings, and large lot of Spring Flowers New Laces, new Embroideries, new Lingeries A Large Shipment of Ladies', Misses' Children's and Gents' Boots and Shoes, specially bought from a leading" Manufacturer (see window in East Street) Household Requisites for renewing " the brightness of the Home " at the "Spring Cleaning"—New Carpets, new Door Mats, new Hearth Rugs, and Door Slips New Lace Curtains end Tapestry Hangings and Fringes NEW BLINDS IN ALL MAKES. Have also opened a first class lot of Men's Felt and Straw Hats, specially made for us, suitable for Squatter, Farmer, Artisan or Labourer, (x)— — NORTHCOTE & HEFFORD, "THE CORNER, SPRING GOOD S. iiiniii__ii_im —■im—--»i-—imnmr—ii^wi—■iii-«_ib iii—m iimi i mm ■!■ im-in «--r~n~_rrTtl_i M E L L O R'S ZEA LANDIA BOOT STORE A M^m _fr" "_o*m  m^hMft r'___H______^^ ____________________________ V / I I m^^^sSSsStm^^SSS-m^Bm^m\m^^mmm^r .--:>^ 'Ai': Wy'' ■ jJ\\K*-tSr y v| 'I j^BMw^^b^m__F_____^_______B_____^__t w_V <*v if 'THE only Up-to-date Bo^t Shop in Ashburton. For real good Value, Style, and Fitting try the "ZEALAHDIA BRAND. Every pair guaranteed- Remember our Prica s the CHEAPEST, and our Stoc the LARGEST in Canterbury. If you want good Value for very little Money, £thei be sure you GO 10 TVTI?T T OP'Q ZEALANDIA BOOT STORE, TANCRED BTKFFT, &SHBURT3N mTTI7 iVTT7 \X7* AUTOMATIC KNITTER. ANDREW ORR TTAS been appointed SOLE AGENT for the above Ma shines, Orders now taken for delivery Ist March, Will Knit a Pair of Socks in 35 minutes, Stockings in 50 minutes, A Child of 12 years of age is able to work it. I For further particulars apply to the Agent, _ _»__- ANDRE W OR R. "NOTHING SUCCEEDS LIKE SUOOE^is-" THE FIRST PfilZ€ OF THE PARIS IXMIOK HAB been Awarded to the Ceylon Co-operative Tea harden Co. FOR THEIR MAGNIFOKNT TEAS. THIS IS THE FAR-FAMED Maharajah Pure Ceylon 'Unblended.' SOLD BY THE AGENTS, HONDAI LANKA TEA CO,, IN SEALED PACKETS AND BOXES.



, WWMANMKB. B. W. H A N M B B. TO FARMERS. [AM prepared to make very liberal cash advances on all produce—Grain, Wool, Frozen Mutton or L»mb, Sheep Skins, etc, etc., which may be placed in my bands for 'ale here—or for sale by my representatives in London. I shall not charge any GommiesioD here for the advance—and my representatives in London having the full knowledge of dealing with ail produce consignments whioh they may receive, and having plenty of money to meeb my drafts, will not sacrifice anything entrusted to their care, if there is the slightest chance of doing better by holding for a while. The question of selling indis criminately because they do not know per sonally the consignor, is a v«y strong fea ture in the mode of doing their bu ineu, whioh has always recommended them. E. W. HANMER. I ■■ —, Li— „ ,■ „ I 1 G. JKSSON, PRACTICAL WATCHMAKER & JEWELLER, XT'AS REMOVED to temporary premises NEXT MESSRS J. SEALY & CO. East Street. I. ■ ■■ — m THE DAINTIEST LITTLE WHEEL THAT EVER WAS"! " The Bambler" Irj AYING sold out of my old stock of JUL these superior Bicycles, I have ' use o ened up a fresh consignment of the LATEST PATTERN "RAMBLER" SPECIAL LIGHT RACERS, ROAD KAOEiRS, & ROADSTERS In all b!_es and all fitted with the eve? lasting G & J detachable Tyre. " THE KA.'atBJuJEBK.. X* A&D INSPECT THE STOCK. Price Easy, Riding Easy. Machines the Strongest en Earth.. ACCESSORIES IN STOCK ')THER MARES FITTED WITH G & J TYRES, D. THOMAS. G. MEDDINS "THE PEOPLE'S IRONMONGER Opposite Arcade, Burnett Streeb, INVITES particular attention to his Stock of Goods especially suitable for the Spring SeaBOD, including GARDENING TOOLS, Of every description Garden Spades and Rakes Garden Hoes and Forks, Dutch Hoes, Garden Trowels, Hedge Shears, Weeding Forks, etc, etc India Rubber Hose Pipe. TOOLS! TOOLS! TOOLS! In Carpenters' and Farmers' Tools I have the best selection in Ashburton County, at my well known prices, which '» are the lowest. . BUILDERS IRONMONGERY Of every description, »t bedrock prices, ncludlng Locks of all kinds, Hinces, n Screws, Brass Goods, REGISTER URATES, MANTELPIECES, etc. AGENT for the following Makers GANGES :-Shacklock's Orion. Baning* ham's Zealandia., Scott's Atlas, Crown Iron Works Challenge, Storrler'e Champion, FURNISHING AND HOUSEHOLD IRONMONGERY to suit everybody. brushwareTtinware, &o. Dont' forget a penny saved ia a penny gained. ■■"■■ "■■'—'- w> '■■■""'. *' ' ■"■ — Mi »m m in imi ma WHii ii* J. v • DE BEEK WATCHMAKER dr JEWELLER TT AS just received a Large Shlpmen OP WATCHES, WATCHES 6 Dozen Nickel Levers at 27s 6d Specially made to order, Strongly built to suit hard wear. 2 Years Guarantee. 8 Dozen NICKEL WATCHES at 20s. The best value in the Colony, 1 year's Guarantee. A New and Full Stock of Gent's and Ladies Gold and Silver Watches to hand. SPECTACLES New Frames and Lenses on the Interchangeable System. To meet the requirements of those using the famous "LAZARUS" Spectacles a special importation of his Frames and Leases to band. SIGHT TESTING, ; A PERFECT FIT GUARANTEED* J, V.DEBEEK WATCHMAKER k JEWELLER, i Ashburton. mrfhunt; REFRESH M~KN T ROOMS! Meals ax All Hotrasj Tabortd Street, opposite McConhll's Stables. Busiest shop In town. 7 30