The Ashburton Herald AND Borough and County Advertiser (With which is incorporated the “Evening Echo”). TUESDAY, FEBRUARY 17, 1880.

The Old Men's Home.—The master of the Home acknowledges the receipt of a box containing clothing, boots, &c., and ' , thanks the unknown giver. ’ Seaeeld Christmas Tea Meeting.— In answer to inquiries for information we . . learn that the financial results of the Sea field Wesleyan tea meeting last Christmas stand as follows:—Sunday collections, 19s. Bd.; tickets (in part), Ll2 Is. 6d.; donation, 11s. ; sale of food, 45.; total,

Ll 3 16s. 2d.; expenses of tea, LG 75.; balance for church purposes, L 7 9s. 2d. Some tickets are yet to be accounted for. A New Candidate. —Mr. William Adams, of Moore street, announces his start in business as a commission agent, accountant. &c. on his own account. Mr. Adams is known for his ability as a man of figures, and we can recommend him as an agent likely to look after his principal’s interests.

I. O. G. T. —The usual weekly meeting of the Dawn of Peace Lodge was held last evening. The lodge was opened in usual manner by Bro. Poyntz, W. C.T. Some routine business was transacted. The W.C.T. informed the the lodge of the order of procession arranged to take place on Monday, the 23rd, on the occasion of Dr. Roseb'y, G.W.C.T., visiting Ashbur ton. . Dr. Roseby would address the Templars at 6.30 on the evening of the 23rd in the Templar Hall. Mr. Walsh Land Saxe. —On Thurs day next a rare opportunity will be af forded to those who are in search of a convenient suburban allotment. Messrs. Eclmiston Bros, and Gundry, will then submit to auction 40 quarter acre sections just outside the belt and fronting on the Wakanui Creek. For residence sites they are unequalled in the vicinity of the town, and for ornamental gardens the soil is un approachable. The Sheep Act, 1878. —We have secured a copy of a pamphlet recently published by the Government giving the text of the Sheep Act, 1878, together with all proclamations, Orders in Council, and “Gazette” notices bearing thereon. An interesting memorandum by Dr Hector on the parasitic insects which infest sheep is appended to. the pamphlet, and although Canterbury flocks have long been un affected by scab, all owners of sheep should peruse this little work, which has been specially issued for their informa tion.

Bread. —We have been favored by Mr. A. Thiele, baker, Wakanui road, with a loaf of bread made from this year’s wheat, grown at Wakanui, and ground at Mr. Moffat’s new mill. The bread made by Mr. Thiele has been very highly compli mented by several gentlemen who have given the sample a trial as being a really good article, and Mr. Thiele guarantees that the principle upon which he bakes his oread is a new one, and a loaf will keep for a week without getting sour, which is a benefit to consumers in the country where they can only be supplied at intervals of several days. A Chance for Carriers. —At the pre sent time the greatest difficulty our farmers have to contend with is the want of draught horses to cart their grain to the stacks, or threshing machines, as the case may he, and where the crop is alieady threshed out every farmer is of course anxious to get his grain to market as early as possible. There is now a chance .for a man who can afford to speculate in the best wagon and team in Ashburton, viz : the one now belonging to the Westerfield Estate, which is no longer required on that estate, as the railway is constructed close by the homestead and mill.

The Easter Review. —We notice that Capt. Bullock, of the Ashburton volun teer corps, is calling his men together, with the object of finding out how much patriotism exists among them —in other words, to obtain the names of those willing to “ bleed” for their country for four days drill at the Easter review. As volunteers intend presenting themselves from the far North to the snowy Soiith. we hope that Capt. Bullock will be able to muster a strong company to do credit to Ashburton. The local contingent of cavalry will, we understand, assemble in good force, and from their regular attend ance and able instruction under Trooper Scott, they will probably give a good account of their drill during the past year.

A Midnight Scene. —There have been a number of jibes and jeers passed at the expense of the Borough Council for their action respecting the illicit trade done by the cabs. That the Council were justified in the resolution we may mention the following circumstance which happened about 1 a.m. this morning. A cab stopped opposite Saunders’ buildings, near the “ Guardian ” office. A man was thrown out on the footpath, and the vehicle at once drove awaj r . The ejected one was left lying full length across the footpath, dead drunk, with a face ghastly with blood and blows, and in the darkness of the night liable to be trodden upon, or become a trap for any late wayfarer. Three of our staff took him in out of danger. The occupants of the cab are known, and it is probable that the recent correspondence which has appeared commenting on the resolution of the Borough Council will be found to have been written by some indi vidual very much interested in keeping up the illicit traffic.

TELEGRAPHIC.

TO-DAY’S CABLEGRAMS

LATEST FROM EUROPE.

{Age Special.) The Afghan V/ar. London, Feb. 16,

Ayoub Khan, with 6000 men,-left Herat for the purpose of joining Mahommed Jam at Ghuznee, whose forces are decreas ing. General Stewart attacks Ghuznee within a fortnight, from Candahar. Gene ral Roberts despatches a column from Cabul to assist.

AUSTRALIAN.

(Reuter's Telegram.) The Victorian Tariff.

Melbourne, Feb. 16,

It is reported the British manufacturers are disinclined to send exhibits on account of the tariff, which they declare excludes their wares from this market. Mr- Parnell to Yisit the Colonies. It is rumored that Mr. Parnell, on completing his American tour, will visit Australia and India.

TO-DAY’S TELEGRAMS.

INTERPROVINCIAL.

The Education Act Compulsory Clauses. Dunedin, Feb. 17.

The Dunedin School Committee bring the compulsory clauses into operption on April 15th. • The Roxburgh Manslaughter Case. M £ Loughlin has been committed for

trial for the manslaughter of James Robertson near Roxpurgh. Spurious Gold. Extensive frauds have been discovered in connection with sales of spurious gold by Chinese at Cromwell. The manager of the Colonial Bank there detected a parcel of ninety ounces containing one-fourth spurious gold. Ah Sin was arrested at Naseby through Chinese influence. The Banks at other places purchased small quantities. It is believed that an exten sive spurious gold manufacture exists. A Bush Fire. The hush fire at Kaihiku destroyed Potter’s old mill and 200 acres of bush recently purchased for L6OOO, besides LSOO worth of sawn timber. Breach of Trust. Invercargill, Feb. 17._ Judgment was given in the District Court yesterday against H. May for L4O and costs. The evidences showed that the money, which had been given to place in the Bank, had been used by defendant for his own purposes. Judge Harvey said this amounted to a breach of trust, but. decided to treat it as a < debt case The plaintiff in another action was sent to gaol for 48 hours’ for using strong terms to de fendant while in the witness box. Fall from an Engine. Soon after the train left town for Clin ton last evening, the driver missed the fireman, John Leonard. The train was stopped, and he was found alongside the line insensible. It is supposed he had gone out on the stage and missed his hold, falling backwards. He was removed to the hospital where it was found he was suffering from concussion 'of the brain. He is still unconscious. Leonard has a wife and family at Clinton.

LAST NIGHT’S CABLEGRAMS.

BRITISH & FOREIGN INTELLIGENCE

{Renter's). London, Feb. 14.

In the House of Commons a motion was brought l forward by W. St. John Wheelhouse, Q. C., and member for Leeds, for the purpose of getting a select Com mittee appointed to inquire into the ques tion of free trade, and its effect upon the commerce and condition of the country. The motion v as negatived.

Five per cent. New Zealand 10-40 loan should be quoted at 103|, not 102 i as previously quoted.

{Age Special.') London, Feb. 15.

A deputation to Messrs. Francis and Co. of working men demanded that owners should immediately discharge their Chinese employees. Owners promised to give the matter consideration.

The Californian Senate has prohibited corporate bodies from employing Chinese. Holker, Attorney-General, voted with the minority on proposal to inquire into effects of free trade prospects. February wool sales have opened with an encouraging moderate advance. Ex pected arrivals to 14th instant, one hundred andninety-five thousand (195,000) bales.

LAST NIGHT’S TELEGRAMS.

INTERPROVINCIAL.

Auckland, Feb. 16,

An attempt has been made to set fire to Mr. R. Allen Webb’s house. The fire was discovered on the verandah after the family had retired. They were aroused by the neighbors who put it out. The single passengers by the British Empire were released to-day from quaran tine. It has not been ’decided when the families will be allowed to leave. Wellington, Feb. 16.

The first meeting of the Royal Com mission on the Native Affairs will be held at Oeo on Thursday, the 19th inst. The interpreters and short hand writers have been instructed to be in attendance, and they leave here to-morrow morning. The police laid an information against Kirkcaldy and Stains, drapers, Charles Hill, hatter, Cogan, tailor, and Mrs. Delauree, dressmaker, for the violation of Employment of Females Act. Nelson, Feb. 16.

A man named Marshall, 30 years of age, who leaves a mother, a widow, and four children unprovided for, was-drowned at Collingwood whilst attempting to cross the river in a canoe. Deceased arrived in the colony only about three months ago, and came with others to work at the Wallsend coal mine, Westport. He took the wrong ford, and was capsized. Henry Adams, solicitor, who has been practising many years, and held the posi tion of Crown Prosecutor, has executed a deed of assignment. Christchurch, Feb. 16.

Barrett, the contractor for the tramway and drainage works, was again fined to day on six informations for having neg lected to keep lights burning on obstruc tions. He said he had had two men watching, and it was after three o’clock in the morning that the cases mostly occurred. The other morning a young man was badly injured through his horse getting into a hole on the tramway line, and he is going to sue Barrett for LSOO damages in consequence. The Sunday trading case was further adjourned in consequence of press of work. Timaru, Feb. 16. The weather within the last few days has been most changeable. Yesterday morning the thermometer registered 9S in the shade, and in the afternoon a fierce northerly gale prevailed doing a consider able amount of damage to the oat crops and fruit trees. Heavy rain has now set in. o amaru, Feb. 16. The ceremony of laying the corner stone of the new Primitive Methodist Church took place to-day. The high winds which have done so much damage to crops in other parts of the colony were not felt much here, and little if any injury has been inflicted. , Dunedin, Feb. 16.

His Excellency and Lady Robinson arrived in Dunedin by special train at 4.45 o’clock this afternoon. At Palmer ston they were joined by the Commis sioner of Middle Island Railways, under whose charge the special train was. About 350 hands engaged in the em ployed sections of the Otago railways will be knocked off immediately, by order of Government.

The high winds on Sunday did consider able damage to the crops at Tokomairiro, Clutha, and Tuapeka districts. '

DISTRICT COURT.

Monday, Feb. 16. (Before His Honor Judge Ward.) HUGO FRIEDLANDER V. CAMERON. [The following evidence was taken in this case after our reporter left the Court yesterday : —] Hugo Friedlander, sworn —I am plain tiff in this action. I was present at the sale of Hyde’s goods on June 6th or 7th. The sale was advertised. I bought several things, among others the house in ques tion. I paid Cates a cheque for it. I sold it again. The house was on two pieces of timber, a kind of sledge ; tlxe chimney was on the outside leaning against the house. I sold the house to Mr. Corsbie for L 27 10s. I gave Ll2 for it. I had to deliver it to him on the Alford Forest road. He paid me for it at the time. I was not present when it was removed. I heard the house was removed, and had to give Mr. Corsbie the cheque back.

By Mr. Thomas—l knew Cameron had a claim on the house before I shifted it. I produce a receipt for the payment of the house. Other persons bought goods at the sale besides myself, but not amount ing to* more than L 5. I gave a cheque to Cates for the goods, and the Clerk of the Court sent our firm a cheque for the pro ceeds of the sale. I have dealt entirely with this house myself, not as a member of the firm. The auction was an open one. Hyde’s place was about 12 miles from town. Rudolph Friedlander —I recollect going to Hyde’s land to remove a house, and took Compton with me. It was then fastened down to wooden piles. Skids were lying alongside of the house. There were about 18 piles. We removed it to the public road. By Mr. Thomas—The house was spiked down to the piles. Two of Cameron’s ploughmen were there. We put skids under the house, and moved it. We took down part of the fence to get the house on to the road. We left it there that night. I told Mr. Corsbie where the house was, and he said he would take it away next morning. The bricks of the chimney did not come inside the house. I don’t know how the weather was kept out. Robert Burns and Wm. Bennett were called, but did not appear. L. E. Corsbie—l know the house in question. I saw it previous to seizure. Hyde owed me money, and I went to see if the house could be shifted, and found it was on two skids. I saw the house the day after it was seized. The chimney was not attached to the house. By Mr. Thomas—There was no attach ment between the house and chimney, the bricks;and mortar were close up to the weather hoards. I bought the house from Mr. Friedlander for Ll 7 10s. He was to put the house on the road, and give me delivery on the road. I saw Rudolf Friedlander the evening the house was shifted, and told him to send me up some one to give delivery. In the morn ing I sent men to shift the house, and they were told the house had been taken away again during the night. G. Compton, builder, sworn—The chimney came in flush with the studs, and inside the weather-boards. I had to draw nails from the studs to remove the house, A few bricks were removed to detach the house from the chimney, which was built close up to the house. A few loose bricks which were resting on the gable shifted. For the defence, Mr. Thomas argued that as the chimney being a fixture to the soil, and the house a fixture to the chim ney, the house was necessarily a fixture, and therefore not removable.

Mr. Purnell argued that if the house could be moved without damaging the chimney, it was removable by law. Geoi’ge Compton, recalled —Explained that flushings should have bean provided, but were noi, and the brick work was built in close to the weatherboarding. When we lifted the building to remove it none of the brick work except a few loose bricks were removed. His Honor ruled that he could not con sider the fixture point in the case. Had there been no chimney there would have been no dispute. Mr. Thomas said if such was to be the. ruling he could only say that probably half the smell buildings in Canterbury on leasehold land were removable, and as the buildings erected on leasehold land were usually looked upon as a part of the land lord’s security there would be great con fusion.

His Honor said he knew of no parallel case in English law. The defendant un doubtedly would have an action for damaging the fences. John Cameron, sworn —I was the free holder of the land in Hyde’s possession. He could not pay anything down, and I agreed that he should build a house In stead of paying a deposit. He did so, and the house remained on the ground for about 3 years. It was built on stone piles. Hyde wa3 not able to hold all the land, and I gave him permission to shift the house on to als acre section. 1 did not give him permission to alter the foun dations of the building. Before Fried lander Bros, seized, Hyde came to me and asked if I would allow anything for the house. If not, he would go and take the house with him. I told him not to touch the house. I never received a notice that the house would be sold. When the house was re moved my men were occupying the house, and ploughing the land. Friedlander wanted me to buy the house from him. It told him it was my own.

By Mr. Purnell—Hyde last paid me interest in July, 1878. I owe him money for work. I subsequently let the house to a man named Jenkins for Is. per week. I nailed the house to piles after the seizure.

A. Munro deponed—l fixed wooden piles under the building. When I went to it it had a double plate under it, resting on the ground. The house could not be removed without disturbing the soil. The plates were sunk in the ground about four inches. We could not shift the building without displacing the bricks in the chimney. By Mr. Purnell—l had instructions from Mr. Cameron to fix the piles and fasten the plates to them. His Honor said the point he took in the case was that as the house could not be moved without disturbing the chimney, it must be looked upon as a fixture. Philip Tisch gave evidence that the house could not be moved without damage to chimney. When the house was removed half the arch fell down and some of the top.,

• Counsel addressed the Court. Judgment was given for defendant with costs, L2 19s. Gd. JOSHCJA TUCKER V. 0. C. HURRELL. Claim LSO. Mr. Branson for plaintiff. Mr. O’Reilly for defendant. Mr. O’Reilly took preliminary objec tions. (Ist.) The notice was to the defen dant as Clerk of the District Court for something dona by him as Clerk of the R.M. Court, and quoted authorities. His honor over-ruled the objection. (2nd.) The particulars of the claim did not agree with the notice of action. The money was paid out of Court on the 12th Decem ber, and the plaintiff’s demand was not made till the 24th December. Ford’s declaration of insolvency was filed on the 12th, and the money was paid out of Court on the same day. His Honor ruled that the R. M. could not of his own dictum allow money to be paid out of Court in defiance of law. Under the 4Gth section, moneys held by the bailiff at once became the property of the trustee in the bankrupt’s estate.

Mr. Branson said that the execution by Orrand Co. v. Ford was taken out three and a half hours after the declaration of bankruptcy by Ford was filed. Mr. Bran son opened the case and argued that the Magistrate had no right to sign an order for the payment of this money, except in open Court : the order for the payment of the money having been given by the R.M. otherwise.

Defendant was called, as Clerk of the Court, to produce all papers relating to the bankrupty. E. G. Crisp, solicitor, acting for Wil liam Ford, recollected Ford filing his schedule. Witness handed in the declara tion to Mr. Hurrell, and told him he would be responsible to the next trustee. He said “ all right, old man.” By Mr. O’Reilly—-1 did not know there was an action against Ford for fraud and deceit. . Joshua Tucker, plaintiff, deponed —I made application to defendant for the LSO for which lam now suing. He said he had not got the money. He said I was too late. I served defendant with the notice of action (produced). I did not re ceive the money. By Mr. O’Reilly—Before I -was elected trustee 1 was spoken to on the subject.' There was nothing in the estate except this LSO, which I hoped to get. The Clerk hero produced the record of all tlie R. M. Court proceedings, Ford v. Bluett.

Charles Branson, bailiff of the R.M. Court, deponed—On the 12th December, 1879. I received moneys upon an execu tion issued by Orr and Co. against Ford. I received the moneys by virtue of a special order and warrant. I received the warrant on the afternoon of the 12th De cember. It was for signature ; I took it to the Magistrate’s private house, where he signed it. It was 3 o’clock. I can’t state exactly. 1 made out the 'warrant on the 12th December. I took nothing but the •warrant for the Magistrate’s signature. The Magistrate remained at his house. I went straight to the office immediately the warrant was signed. The Magistrate could not have got to the Court House be fore me without my seeing him. The document produced is one under which I got possession of the moneys. I had a warrant in execution against Ford. It was issued two or three days before. The assistant bailiff had this warrant.

By Mr. O’Reilly—l was not reminded that I should levy Montgomery’s warrant first. I mentioned the fact that there was another warrant.

J. E. H. Harris, solicitor, deponed—l recollect Mr. O’Reilly and Mr. John Orr coming to the Court. Mr. O’Reilly asked whether the money in Ford v. Bluett had been paid into Court. Mr. Hurrell said “Yes.” Mr. O’Reilly or Mr. Orr said we want it, and Mr. Hurrell asked whether they had a warrant. Mr. O’Reilly said “ No,” but they would prepare one. Mr. Hurrell said “ You’ll have to get it signed by the Magistrate.” They went out and Mr. O’Reilly, Mr. Orr, and Mr. Guinness came back together in the course of five minutes, and Mr. Guinness signed the document which Mr. O’Reilly made out. Mr. Guinness did not sign any other document. It was 3.40 by my watch when Mr. Guinness came in. I saw Mr. C. Branson coming over to the Court about five, and Mr. Guinness said “ Oh it’s all right now, Mr. Branson’s coming., Just afterwards Mr. Hurrell said “ Oh, Ford has filed,” and I volunteered the advice that it was not in accordance with the Act to pay the money over after the declaration had been filed.

By Mr. Branson—l don’t think the document signed by Mr. Guinness was a printed one. Mr. O’Reilly drew out a document for Mr. Orr to sign. The one produced is the same. The document signed by Mr. Guinness had no stamp on it.

By Mr. O’Reilly—l recollect all the cir cumstances which took place that day, as ihe proceedings somewhat opened my eyes, and I expected to learn a wrinkle. My mind was not in any way disordered that day. C. B. M. Branson—The stamps were on the document when I took it from the Court. Mr. O’Reilly, for the defence, called Frank Guinness, Resident Magistrate— I recollect making the order produced. The signature is in my handwriting, and was made in court. I can’t say if it was made in open court or in the office attached to the court. I have signed war rants at my house. His Honor—There is no harm in that, Mr. Guinness. Witness continued—l cannot swear where I signed this one. By His Honor—When I signed this warrant I did not inquire if any other executions were out against Ford. His Honor—lt would be as well in future if you satisfied yourself on such matters.

By Mr. Branson I recollect Mr. O’Reilly and Mr. Orr coming to my house, and I think I went with them to the court. I think some transaction in con nection with this case took place in the private room in the court. The doors of the court were not thrown open. I did not know that a warrant of execution had issued. I cannot conti’adict Mr. 0. Bran son’s statement. I don’t think Mr. Hur rell told me of Ford’s declaration till next day. 0. 0. Hurrell, sworn —I am Clerk of the District Court and the R.M. Court. On December 12tli last the order in ques tion was signed—in the office I think. The money was seized by the bailiff under warrant, and he gave me a receipt in the usual way. I don’t recollect what time in the day it was paid

By Mr. Branson—Mr. Guinness did not hold an open Court that afternoon.

John Orr, merchant, said—On Dec. 12 I applied to the R.M. for an order of immediate •execution against Ford. It was then about 2p. m. The magistrate came over to the Court afterwards, and I applied for a warrant. Mr. O’Reilly submitted that the money haviug been in possession of the bailiff, jhe was compelled to band the money over to the first warrant issued against it, and the Clerk of the Court could not hold it.

His Honor pointed out that the con tention of Mr. O’Reilly was absurd, as, if such was the law, the Magistrate could undei clause 131 order tlie Clerk to pay money over, and then fine him LlO for doing it illegally. Mi’. O’Reilly contended that although the warrant of execution issued after the filing of the declaration, there was no stay of execution until the “Gazette” notice appeared. That filing a declaration, filing a petition, and filing a deed of arrangement had the same effect. Pro ceedings might by stayed on application to the Court. Section 4of the Debtor and Creditors Amendment Act, 1879, which v r as ex post facto as to this action, showed this contention to be right. His Honor said that this was no doubt correct, but section 4 ®f the Amendment Act seemed to him meaningless. How ever, he was with Mr. O’Reilly as to this “ Gazette ” notice.

Mr. O’Reilly then contended that exe cution having issued before the “Gazette ” notice appeared, and the Magistrate having ordered the money to be paid to the bailiff pursuant to the order by the defendant as Clerk of the R. M. Court, he could not be liable in this action. He was a ministerial officer. (Dews v. Ryley, 20 L. J., C.P., 264). He could not review the work of the Magis trate. If he seized the money he would be acting with the powers of the Supreme Court and the District Court, as to seize property he would require leave of the District Court, section 57. He paid the money to the bailiff and he was not responsible after wards, as the bailiff never paid the money into Court. As long as the Magistrate’s order and the warrant existed they were an answer to this action. This Court could not set aside the order or warrant, nor could the Supreme Court, except in the order provided by the R. M. Act. The Clerk had acted bona fide, and could not be expected to dispute the order of the Magistrate and arrogate to himself judicial power. Mr. Branson, for the plaintiff, held the Clerk was aware of all the facts of the case, as they occurred in the Courthouse, and that he was clearly liable for the sum illegally paid. And tlie presumption was that Mr. Hurrell was aware of the declar ation of insolvency when the warrant was made out. He held a triplicate position —first, as Clerk of the R.M. Court, second, as Clerk of the District Court, and third, as trustee in bankruptcy, and he chose to accept which would suit him best. Judgment was deferred till this morn ing, and the Court adjourned.

ASHBURTON— Tuesday, Feb. 17. Before His Honor Judge Ward. JOSHUA TUCKER V. 0. C. HURRELL.

In this case his Honor delivered the fol lowing judgment:—The facts proved in this case are as follows :—One Ford brought an action in the R. M. Court some months ago against Bluett, and obtained judgment for LSO. As it appeared at the hearing of the case that Bluett had a case against Ford, it was ordered -by the Resident Magistrate that he (Bluett) should pay the LSO for which judgment was given into Court, and that the Clerk of the Court, the present defendant, should hold that sum until the action Bluett v. Ford had been decided, in order that the cross judg ment might be set off. On the 10th Dec. last Bluett paid this LSO into Court. On the 13th one Orr obtained a judgment with an order for immediate execution in the R.M. Court for LSO against Ford, who thereupon filed a declaration of insolvency. On the same day at 12.30, after the filing of this document, Bluett discontinued his action against Ford. Then Orr obtained an order from the R. M., purporting to be under clause 65 of the Resident Magis trate’s Act, 1867, directing the defendant, as Clerk of the R.M. Court, to pay the LSO in bis hands to the bailiff, after ■which the said bailiff, by the instructions of the defendant, drew out a warrant of distress, went to the R.M. and got it signed, and returned to the defendant who then produced the order previously given under clause 65, and handed over the LSO to the bailiff who paid it to Orr, although he Held at the time a prior unsatisfied warrant against the goods of Ford. This action is brought by the ‘creditors’ trustee of Ford’s estate to recover the LSO so paid over by the defendant, in as much as he )vas the Clerk of the District Court, and became ex officio trustee of Ford’s estate on the filing of the declaration of insolvency. It was also shown that defendant was warned by Ford’s solicitor, at the time of such filling that he must not part with the LSO paid in by Bluett, and that he promised to hold it ; and that, on being further warned by Mr. Harris on the subject, he declared lie would pay over the money if the Resident Magistrate ordered him to do so. Had the defendant been merely the Clerk of the Resident Magistrate’s Court I should not have had much doubt as to my decision. It would scarcely have been for the Clei’k to question the legality of an order given by the Magistrate, and to refuse to obey it on the ground of its being erroneous. The difficulty here arises from his being ex officio the trustee of Ford’s estate. The question is, whether, as Clerk of the District Court and trustee, he can shelter himself from responsibility behind an order of the Resident Magistrate : and, after careful considera tion, I am of opinion that he cannot, especially as he knew it to be irregular. The blunders of all the officers are some what singular. The R.M. in his private room, instead of in Court—before signing the warrant of distress instead of after— and without any inquiry whether there Avere other warrants out, or Avhether the debt or had filed his declaration of bank ruptcy made an order in effect directing the Clerk of his Court to hand over the whole of the debtor’s assets to the bailiff on behalf of a single creditor, thereby de feating the chief object of the bankruptcy Havs —viz., the securing an equal division of the insolvent’s property among the creditors, and also depriving a prior ex ecution creditor of his legal right to this LSQ, if it were to be seized at all. The

Clerk of the Court having promised to retain this fund, shaving been warned that the order given by the R.M. in respect of it is illegal, and knowing, it to be so, nevertheless gives it up without dispute, and the bailiff pays it over to Orr, having at the time a prior unsatisfied warrant of distress in his hands on behalf of another creditor. There can be no question but that, on the filing of,Ford's declaration of insolvency, the ESO then in the hands of defendant as Clerk of the R.M. Court vested in him as official trustee of Ford’s estate, and he had no right to part with it save in due course of law. As trustee it was for him to see that the order of the Resident Magistrate was legal and valid. It is shown that he obeyed it, knowing it to be irregular; and, consequently, judgment will be given against him; but as his duties in the dual , capacity of Clerk to the District and R.M. Courts were calculated to puzzle better lawyers than' he, no costs will be allowed against him. * A. J. HOUSTON V. S. SAUNDERS & ANOTHER.

Mr. Branson for plaintiff; Mr. O’Reilly for'defendant. Claim LSO. The action was brought to recover the amount claimed as damages for a breach of contract entered into by defendant with plaintiff, whereby plaintiff was to supply defendant with chaff to the extent of 35 . tons at L2 15s. per ton if paid in cash, and L 3 if -paid within six weeks from delivery. The con tract was entered into in October last. . Plaintiff alleged that he was 'at liberty under his contract to deliver the chaff at any time convenient to himself ; defen dant contended the agreement was to have it delivered at once. Through delay in • delivery defendants refused to accept a large portion of the chaff contracted* for, v as they could not sell it, the price having fallen. The plaintiff contended that there was no delay according to the agreement, and sued for damages suffered by him in losing the market. His Honor after hearing evidence that occupied an hour and a half, decided that the defendants had themselves to a great extent caused the delay by the non-de livery of the bags, and gave judgment for L 39 odd with costs. In Bankruptcy. Re George Thompson, a debtor.—An application was made by Mr. Purnell for final order oE discharge. Granted. Re John Y. Ward, a debtor.—Mr. Harris applied for a final order of dis charge. Adjourned till next Court day. Re J. P. Parker. —Application for costs by Mr. Purnell. Granted. Re Thomas Williams.—Application for payment of costs, by Mr. O’Reilly. Granted.

Re Thomas Dudson.—Application for payment of costs, by Mr. O’Reilly. Mr. Purnell opposed on behalf of trustee. Adjourned till next Court day. An application was • made by Mr. O’Reilly for probate in re Dennihay. His Honor stated he could not grant it without proof of the absence of the Judge that day from the district; that the better course would he for the profession to apply to him to have Ashburton made a separate district, and he would represent the matter to the Minister of Justice.

RESIDENT MAGISTRATE’S COURT.

ASHBURTON— Tuesday, Feb. 17. (Before Mr. F. Guinness, R.M.) DRUNK AND DISORDERLY. Charles Blond for being drunk and disorderly, was fined 10s., with the option 1 of 24 hours. PICCOLO ! Charles Evans was charged with being illegally on premises, and pleaded having lost his way at Power’s Hotel, among a lot of larrikins, and was quite innocent of any wrong.

The Magistrate reminded Charley that it was a very short time since he had been up before, he would let him off with the stipulation that his next visit would eventuate in a six months’ trip to port.

CORRESPONDENCE.

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

PASTOR CHINIQUY AT THE WES LEYAN CHURCH.

To the Editor. Sir,—Please alloAV me to inform en quirers that in accordance with the wish of Pastor Chiniquy, after an average of last Sund-ty’s collections had been taken by the Wesleyan Church stewards for ordinary purposes, the surplus was given to him as under :

CHINIQUY.

To thts Editor. Sir, — Thinking, as I finished reading the critique on 4 £ Pastor Chiniquy’s con- \ T ersion ” in this morning’s “ Mail,” that I scarcely understood the writer’s aim, I read it a second time ; and as I put down the paper after my task Avas over, it oc curred to my mind that I once met Avith a,story of this kind As an out door preacher was on one occasion giving S gospel address, an iconoclast disturbed the audience by saying—" He tells lies ” —“He is be-fooling you”-—“He don’t know ' what he talks about &c. At length the preacher turned to him and said- — “ Noav let the folks alone and attend to me. Suppose I had a pot of honey into which I put my finger, and having tasted the honey I said ‘ It’s very sweet !’ Then I handed it round to the

congregation for them to taste, and they

all said—'

‘ Yes it’s very SAveet I’—But you

came up and said— ‘ No, it's not sweet— he’s just deceiving you, ‘He knows it’s not s\A r eet.” ‘Now Avhat would that

prove V Why it AVould prove you had not had your finger in the pot.”—Yours, <fec., Reader.

5 Tuesday, February 17, 1880.]

THE ASHBURTON HERALD.



£ s d Morning collection ... 0 12 0 Evening do ... 7 0 3 Donation ... 0 2 9 Total ... 7 15 0 Deducted ... 2 15 0 Handed to the Pastor ... 5 0 0 W. Keali.



New Advertisements. NOTICE. TO MERCHANTS, STOREKEEPERS, ' , AND OTHERS. LL CLAIMS against the estate of the late CHARLES REED, Esq., of Westerfield, must he sent' in by Feb. 29, 1880, to the undersigned, addressed to Westerfield. 58c-515g 0. F. REED. - ASHBURTON RIFLES. “ MEMBERS desirous of attending the Easter Review at Christchurch are requested to attend PARADE THIS EVENING, or send in their names to the Secretary not later than WEDNESDAY, 18th inst. T. BULLOCK, 57c-519g Captain. TOCONTRACTORS AND FARMERS. WAGGON AND TEAM FOR SALE, By Private Treaty. FOR SALE, by private treaty, one first-class second-hand Waggon and six good Draught Horses, belonging to the Westerfield Estate. The new branch line being nearly ready for traffic, the pro prietor will have no further use for the waggon and team. , Further particulars on applying to the undersigned, at the Westerfield Station. C. F. REED. 'February 15,1880. 516g-59c " £1 REWARD. T OST—A dark GELDING, 6 years a 1 old, 2 white spots on each side of saddle ; white star on forehead, mark like P.R. on rump. Any person returning same, or giving information leading to its recovery, will receive above reward. 51C'501g • A. THIELE. ■: FOUND. 7 “jTTIOUND, near Hayes’ timber yards, a Jj PADLOCK KEY. Owner can have same on paying for this advertisement. Apply office of this paper. 517g-56c NOTICE. I will not be responsible for any DEBTS contracted by my wife after date, she having left my home of her own will. T. P. GLEE SON, Hinds River, Feb. 12, 1880. 504g-54c ANTED, at once, a COOK for the Prince Albert Boarding House. 61c lANTED —A Good General BLACK SMITH at once. Apply, Victorian Shoeing Forge, Burnett street. 650-5110 MONEY £SO £IOO, £2OO, £250, -ggQQ



AND £IOOO. These sums are ready for immediate investment, on approved Freehold securi ties at current rates. Apply to THOMAS & BRUGES, Solicitors, 13c CHRISTCHURCH. Ashburton horticultural , SOCIETY. / President—E. G. Wright,Esq., M.H.R. Vice-Presidents —J. E. Trevor, John Grigg, W. C. Walker, and Alfred Saunders, Esqs. Committee —Messrs. H. C. Jacobson, W. H. Collins, G. Smith, J. G. Anstee, J. Sealey W. T. Davidson, J. Orr, H. V/. Charlton, J. Sim monds, J. R. Chapman, T. Sealey, J. Coutts. Treasurer —A. H. Shury, Esq. Secretary—Stephen E. Poyntz. The First Show of the Society will be held on SATURDAY, MARCH 6th, At the TOWN HALL. . Admission up to 1 p.m. 2s 6d. , „ After 1 p.m. Is. Competition for prizes open to the Public. N.B.—lt is particularly requested that all those who have articles suitable for competition, or exhibition only, will bring them forward, in order to make this, the first show, a success. Notice for space must be forwarded to the Secretary on or before March 3rd. Any information with respect to entiles, &c., may be obtained from the under signed. STEPHEN E. POYNTZ, 474<> 33c Secretary. NEW TAILORING MENT. CRAIGHEAD & Co., MERCHANT TAILORS, HAVE opened those premises situated' in Tancred street adjoining Messrs. Orr and Co’s General Store. ’ A SPLENDID ASSORTMENT OF TWEEDS, FANCY GOODS, &c., &c., JUST ARRIVED. Mr. Craighead’s experience as Head Cutter in connection with First Class Tailoring Establishments in Edinburgh and San Francisco has extended over a period of ten years, and from the immense success which has always attended his efforts do please, he. is prepared to guarantee a perfect fit in every case. TANC RED STREET, (Next Orr and Co.’s.) CRAIGHEAD & CO.' 982 a



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