POST OFFICE NOTICES.

Mails close at the Ashburton Post Office, as follows :

, For Christchurch and North at 10.20’,a.m. 4.30 p.m., and S p.m.,-dail)'. For Cheftsey at 10.20 a.m. daily. For Rakaia at 10.20. a.m and 4.30 p.m daily. For Dunedin, Tinwald Winslow, Hinds, Coldstream, Rangitata, Orari, Winchester, and Geraldine, at 10.20 a.m, daily. For Temuka. Timaru, and South at 10.20 a.m and 3.30 p.m daily. . For Greenstreet, Ashburton Forks, Mount Somers, and Ashburton Gorge on Tuesdays arid Fridays at 10.30 a„m For Ashton, Waterton, and Longbeach, at 3.15 p.m. daily. , For Wakanui and Seafield, on Mondays and Thursdays, 7.30 p.m. W. St. G. Douglas, ’ Postmaster.

The Ashburton Herald AND Borough and County Advertiser (With which is incorporated the “Evening Echo”). MONDAY, FEBRUARY 16, 1880.

The reaping machines have now got well into the marrow of the county’s crop of grain, and before next week is over the “maiden” will have been gathered in on every holding. All the threshers are at work/ and every farmer and threshing machine owner has obtained his full com plement of men. Still, there are a large number of harvest workers still un employed who came to the district in the hope of obtaining work. This is not to be wondered at, seeing that the recent scarcity of employment has added greatly to the large gang that invariably makes for the country districts at the approach of harvest. The wages this year have not bean up to those of previous seasons, and some of the more independent of the men have not taken any engagement at all, while the farmers have been able to make a choice of the best hands amongst the large number who rushed the district, and, as a result, those known to be in competent or inferior, have been left to fill the ranks of the unemployed. There are many industrious and respectable men, both amongst those who have not seen fit to take work, and those who have not been able to find it. There are also some incorrigible loafers who don’t want work, and usually do their very best to avoid taking it. These drones, make their appearance here regularly every year, and go through the same pro gramme. Sometimes they vary the scene of their loafing, and spend a harvest season in some other grain grow ing district, but they never include a harvest’s work in the list of their doings. These characters usually hang about until the more industrious men come in from the farms with their cheques, and set about the inevitable “ knocking down ” course which too many of our laboring men, alas ! have not yet learned to avoid. When the men come in and indulge in their idea of a jollification—that is, a debauch of liquor—the loafers commence their harvest, and the poor fellows, who have worked hard for their cheques, find themselves very soon lighter by a large sum than when they came into town. The loafers and ne’er-do-wells are mostly well known to the police, and we would advise our officers to watch them. To use a Yankee phrase, Sergeant Pratt’s “eye balls are pretty well skinned,” and if the hangers-011 are not “ run in ” before they have time to do much mischief, aud kept out of the possibility of coming down on the soft ones’ hard earned money until it has found its way to the fulfilment of its legitimate mission, it will be no fault of the sergeant or his constables.

The Chronicle Editor. —Mr. Henry Anderson, the’ editor of the Wellington “ Chronicle,” has been bought out by the other proprietors. He has filed his sche dule. Collapse of a House. —While a house was being raised to the level of the street at New Plymouth it collapsed, nearly killing the wife of a constable and her three children who were inside at the time. The Alleged Larceny op Horses.— The case against James Gardiner came to a conclusion late on Saturday afternoon, and resulted in the committal for trial of the accused. The case will be heard at next sitting of the Supreme Court. Pastor Chiniquy’s Services. Yes terday the Presbyterian Church was quite full in the morning, on the occasion of Pastor Chiniquy’s service. The introduc tory service was conducted by the Rev. Mr. Beattie, after which Mr. Chiniquy delivered a very stirring address. It was purely evangelical, and contained a hearty appeal to his hearers to accept the great gift of God in the person of His Son. In the evening he delivered a similar dis course in the Wesleyan Chapel, at which over six hundred people attended. The audiences at both services were made up of people of all denominations of religion, and the country folks were present in largo numbers. The collections taken were devoted to the Pastor’s mission after deducting the average offering in each church.

Wheat Crops in New Zealand, 1879-80. —The Government statist’s return last year (1879) gave, as the total yield, 6,070,597 bushels of wheat, for the whole of which the province of Canterbury is credited with contributing 3,621,820 bushels, or 59.6 per cent, of the whole. It has been roughly estimated that the acreage this year will be 300,000 acres, yielding say 28 bushels per acre, or 8,500,000 ; seed needed for next year, say for 300,000 acres, at II bushels, 450,000; home consumption, estimated at 450,000 population, 2,250,000 or 2,750,000; estimated surplus available for export, 1880. 5,800,000, or at 38 bushels to the ton, 152,632 tons. Taking the last year’s estimate, by the Government statist, after allowing for seed and home consump tion, it would give available for export from last season’s wheat crop 91,693 tons. It is, however admitted that the estimate yield last year, as compiled by the Govern ment was far in excess of the thrashing machine weights. The yield this season, based upon the-above estimates, is an in crease over that of last year’s of 35.9 per cent., or 54,669 tons.

A Brute. — A man named Tate has been committed for trial at Timaru on two charges of indecently assaulting little girls. The Wbather. —On Saturday night an unwelcome gale of wind from the N. E. arose and continued throughout Sunday, chop ping round to the IT. W. during the morn ing. By dusk it was again calm. The. day was fearfully hot, and it was feared that considerable damage would be 'done to the standing crops ; but such is not the case, as we hear that there is very little grain blown out, and in many cases the grain is all cut on the smaller' holdings. The export has already commenced, and wheat laden trucks form a portion of every train to Christchurch. We hear of a sale at 3s. 10d., but prices are not as yet fixed. The Wrong Shop. —To-day his Worship the E.M. fined Joseph Sloane 20s. for being drunk in charge of a horse. The circumstances under which Joseph found himself in the hands of the police were peculiar. He rode up from his suburban home to Ashburton in the gale of yesterday. How often he had rested and “refreshed” by the way we know not, but when he entered the town about “ church time ” his seat in the saddle was anything but a secure one. Charitable people said the wind caused the swaying of his body ; unkind people said lie was tight; but the spectators’ opinions were of litle moment to Joseph. He made his “devious way” towards the Catholic Chapel, and there entered into conversa tion with some of the worshippers who were outside, the building being full. The conversation was not edifying to good Catholics, and when Joseph drew out and flaunted a bright orange sasli, in which he finally arrayed himself, the edification of his talk was not added to. Whatever was his meaning for the conduct he indulged in we cannot tell, but the good people around the chapel bore it with commend able patience, aud Joseph was walked off to the lock-up for being drunk. Lost in the Gale. —Yesterday while the gale was going it high, a photographer in town discovered that his show case had mysteriously disappeared from his street door. It was a day when Ashburton pre sented an attraction to country residents in the services conducted by Pastor Chiniquy, and the loss of the show case on that day was a loss indeed. High and low the missing case with its “ counterfeit presentment ”of the youth, beauty, and respectability of Ashburton, Was hunted for, but fruitlessly. The machinery of the police was set in motion, but it ran down at night like a clock without “ striking ile.” The photographer spent a sorry night, and-in the morning early lie was again on foot, searching for the treasure that would not be unearthed from the swag of any wandering snapper-up of un considered trifles—that the hangers-on at pubs could not be even hinted it as hav ing appropriated. A neighboring solicitor met the sorrowful one and heard thewoful tale. The sorrowful one went into the legal office to have a “ case ” properly put for the recovery of his lost repository of art, and after the blue document had been properly constructed the man of law sud denly pointed to a corner the eye of the photo man had not yet scanned, and asked if the case standing there and the portraits in it, bore any resemblance to the missing “gallery.” The countenance of the .camera-man lengthened with as tonishment and then contracted with joy, and after he had been cautioned not again to leave his pictures exposed to the tender mercies of a 75 to the minute gale, and the chance of a good Samaritan lawyer passing to play the part of a kindly “ property man,” he departed with his burden, but with a lighter heart. Opera Bouppe. —A very enjoyable en tertainment was given on Saturday even ing in the Town Hall by an Opera Bouffe and Comedy Company that has been re cently formed under the management of Mr. Juncker, The Company includes several high class vocalists, most of whom are old favorities who have already estab lished their fame in the colonies. The programme presented on Saturday to a fair audience was certainly a long one, but its varied character and the excellent manner in which it/was performed made it all too short for those who were happy enough to hear it. It began with the brilliant operetta, “The Rose of Au vergne,” to which was added the ever green song “ The Village Blacksmith and a sweet duet from “ Girofle- Girofla. ” Mdlle Murielle, whom we have heard before in Ashburton, took the part of Fleurette in the operetta, and sang admirably, while at the same time she was most vivacious in her acting. She is a very superior soprano, and will doubtless be heard of yet, as in addition to a voice of remarkable range and flexibility she acts with a captivating naivette that cannot fail to please. She had powerful helps in Mr. 0. H. Crothers, an excellent tenor ; and Mr T. B. Browning, a rich bass. The operetta was followed with a scene or two from Maritana, in which the vocalists were very successful, aud then the audi ence were treated to a musical melange, which gave Mr. F. W. Fisher an oppor tunity to display his powers of pleasing in characteristic sketches. “ The Soldier’s Return ” concluded the evening. It is a barietta that truly deseives the qualifier given to it intheprogramme—“sparkling. ” We need only add that Mr. Juncker was pianist to let it be known that the instru ment was in good hands.

A Skunk. —At the Nelson District Court on Thursday Geo. Sayers, over seer in the Public Works Department, a bankrupt, applied for his discharge. His total liibilities were put down at LSS and his assets at L 42, his principal creditors being- Mrs. Sayers and Mrs. George, his wife and daughter, who had obtained an order for maintenance.. It appeared that just after filing, a cheque for Ll 6, his salary from Government, became payable to Sayers, and the trustee eventually was given possession of this cheque. Mr. Bunny, for Mrs. George, opposed the bankrupt’s discharge, on the ground that he was not insolvent, and he argued that bankrupt filed merely to avoid mainten ance of his -wife and daughter. The Judge refused the order of discharge absolutely, allowing the opposing creditors costs.

Te Whiti. —ln reference to Te Whiti and the labors of the Royal Commission, the 11 Patea Mail ” observes :—“ To be let alone is the only course of treatment an imposter has to fear, but if he can secure enemies he can secure friends. Every thing that has ever succeeded is more in debted to its enemies than to its friends. So Te Whiti owes his position among the

Maoris to the notice that pakehas have taken of him, and when that notice is withdrawn his star will wane rapidly. But the danger lies with the Government and the Royal Commission. Will they continue to blow the fire that is burning their fingers 1 We would suggest that they adopt as a fundamental rule, ‘ We will have nothing to do with that man To Whiti.’ If it were an inviolable rule to ignore all prophets and to treat only v ith sane men, the spirit of prophecy would die out. If the Maori people found that no favor could pass from the Government to them through Te Whiti, and that no re quest, complaint, or demand could pass from them to the Government through him, their beautiful and innocent faith would begin to ravel out at the ends some what, and authority would pass over from him to some less sacred, less expensive, less crafty, more reasonable savage.”

TELEGRAPHIC.

TO-DAY’S CABLEGRAMS.

LATEST FROM EUROPE (RenteIs.) “culling on the Tyne. r London. Feb. 15. In the sculling match on the Tyne Boyd beat Hawdon, easily. Mohammed Jan. Calcutta, Feb. 15. Latest intelligence from Cabul is to the effect that Mohammed Jan still continues to excite the different tribes to attack the British force.

TO-DAY’S TELEGRAMS.

INTERPROViNOSAL.

The Prize Firing,

Wellington, Feb. 16,

Twenty-eight entries have been received here for the N. Z. Rifle Association Meet ing at Nelson. Two Irish Funds. Dr. Lemon has received a cablegram that there are two Irish relief funds, one with the Lord Mayor of Dublin at its head, and the other with the Duchess of Marlborough. The Kist o’ Whistles. Dunedin, Feb. 16. The members of Knox Church, by a majority of over 100, voted in favor of the introduction of instrumental music to the ordinary Sunday service, but as the necessary majority was not obtained, the matter lies in abeyance. The Greymouth Dredge. The tender of Kincaid and M f Queen, L 4139, for the construction of a dredge for Greymouth harbor works has been accepted. Suspicious Death. James Robertson, a young man, met with a suspicious death at Dumbarton Rock Hotel, four miles from Roxburgh, yesterday. A number of men were har vesting on a farm of the landlord’s, and four of them commenced card playing. One of them, M‘Loughlin, and young Robertson commenced to quarrel, and during the scuffle Robertson received a blow on the head, causing instantaneous death. It is supposed the blow was in flicted with an iron rod. M‘Lough! in has been arrested. Fire. By a fire in the South Ward last night the premises of James Kennedy, boot maker, were gutted. The fire was caused by a kerosene lamp igniting a cloth that had been put round it, while the inmates were absent. ’ The Hayes’ Tragedy. The police have deemed it necessary to make further inquiries into, the circum stances attending the death of Mr. and Mrs. Hayes. A Valuable Diggings-

The dividend paid during the half-year ending January to shareholders in the Mountain Race Gold Mining Company (Blue Duck), at Tinker’s, of whom there are 24, amounted to L 260 each. The Nelson Prize Firing.

Gunners Carle and Skardon, of the Dunedin Artillery, have entered for the Nelson meeting.

LAST NIGHT’S CABLEGRAMS.

BRITISH & FOREIGN INTELLIGENCE

( Reuter's 7 degrams.) London, Feb. 12.

Three per cent consols, 96f. The total reserve in notes and bullion in the Bank of England is sixteen and a half millions. The Steamer Garonne arrived from Adelaide.

The 5 per cent New Zealand 10-40 loan is quoted at 1021. Best Australian beef tallow is at 365.; best Australian mutton tallow, 38s. 6d. The House of Commons, after a short debate, refused for the second time to assent to the introduction of a Bill to per petuate the Royal Charters of Banks. London, Feb. 13. Mr. F. H. O’Donnel, member for Dun garvan, in the House of Commons, moved an amendment on the Address, conveying censure on the' Government regarding Irish affairs, but was defeated by amaiority of 128 to 12. The Irish Distress Relief Bill, promised in her Majesty’s speech, has passed the second reading. iQfObituary.—Sir Wm. Baggs, member for Norfolk. Lord Lymington, the Liberal candidate lias been elected for Barnstaple, defeating Mr. Carden. Sir. M. Hicks-Beach, replying to Sir F. McArthur in the House of Commons, said that the Queensland management of Torres Island had been faultless. He also intimated that the Government had not at present any intention of extending its jurisdiction to New Guinea. London, Feb. 14. The London Chartered Bank of Austra lia pays one per cent, for the half year. Five per cent. New Zealand 10.40 Loan 1021 to 1031. The motion for a Select Committee to inquire into the effects of Free Trade has been negatived. Mr. Clarke, the Conservative candidate, has been elected for Southwark, in room of Mr. Locke, the deceased member, de feating Mr. Dunn, the Liberal candidate, and Mr, Shipton, the Radical candidate. Berlin, Feb. 14. . The Reichstag has been opened. The Imperial speech justified the increase

made in the German army on the ground that the arrangements going on amongst their neighbors rendered this course necessary ; but the speech also pointed out that the course of action being pur sued implied no departure from the pacific policy laid down for the guidance of the German Empire.

AUSTRALIAN.

(Reuter's Telegram. ) Sydney, Feb. 14.

At the Exhibition the following first prizes were awarded: —Wheat, Mr. M'Gill, of . Otago. Oats, Mr. Cunning ham, of Christchurch, and Mr. Meek, of Oamaru. Barley, Mr. Harley, of Nelson. The judges give the palm to New Zealand for malting barley and oats, and to Ade laide for wheat. Mr. Andrew,'of Nelson, got a second prize for hops, and Mr. Strong, of Invercargill, a third for coffee. Messrs, Trent, of Christchurch, obtained a second for pepper. Messrs. M‘Donald and Miller, of Dunedin, received a first for bacon, and Mr. Blake, of Picton, ob tained a like honor. Mr. Sheedy, of Dunedin, got a second for hams.

Adelaide, Peb. 14. Wheat, 4s. Sd. per bushel ; flour, LlO 10s. to Lll per ton. Market firm at these quotations.

NEW ZEALAND AT THE EXHIBI TION.

(By Telegraph.) Wellington, Eeb. 16.

. The following is a list of awards to New' Zealand exhibitors in agricultural pro ducts at the Sydney Exhibition : ' Wheat—lst prize, Peter M £ Gill, Toko mairiro; 2nd, Loan and Mercantile Agency, Oamaru : 3rd, P. Cunningham and Co., Christchurch ; 4th, Holdaway Bros., Richmond, Nelson. Oats (Tartarian variety)—2nd prize, J. and T. Meek, Oamaru, Otago ; 3rd, E. H. Banks, Christchurch. , Oats (short black Tartarian variety)— Ist prize, J. and T. Meek, Oamaru, Otago. Oats (Danish variety)—2nd prize, J. and T. Meek, Oamaru. Oats (long Tartarian variety)—3rd prize, Itoyse, Stead, and Co., Dunedin. Barley—lst prize, Harley and Son, Nelson.

Barley (malting)—2nd prize, P. Cun ningham and Co., Christchurch ; 4th, Loan and Mercantile Agency, Oamaru. Grass seed (general collection)—lst prize, J. Bransfield, Wellington ; 2nd, .Duncan and Son, Christchurch : 3rd, P. Cunningham and Co., Christchurch. Grass seed (rye grass)—2nd prize, C. Haynes, Palmerston, Otago; 3rd, Cap tain W. Russell, Kakamea, Napier. Hops—lst prize, Richard Andrew, Wai mea, Nelson ; 3rd, T. H. Harley, Nelson. Malt -3rd prize, Surman and Co., In vercargill. Bacon —Ist prize, McDonald and Miller, Green Island, Otago. Hams—2nd prize, E Sheedy, Dunedin. Fish —Ist prize, 0. Blake and Son, Picton.

The judges report that the New Zealand exhibits excel in oats and malting barley.

NATIVE AFFAIRS.

( Times' Correspondent.) Normanby, Feb. 15.

I have succeeded in obtaining an inter view with a white man who, since 1865, has been living amongst the Maoris, and it is established beyond all doubt that he is Kimble Bent alias Samuel Smith, the notorious deserter from the 47th Regi ment. Full particulars will be telegraphed to-morrow.

During my absence from tlxe Plains, I find that telegrams have been despatched to the press, in which significance is at tached to the cutting of the telegraph wire between Hawera and Inglewood. Upon inquiry I find the thing to have been purely accidental. A Maori boy, driving a loaded dray, struck a telegraph pole,, knocking off one of the insulators. He was so frightened at what he had done that he tried to obliterate the trace of the wheel. Considerable significance, however, is to be attached to the fact that the other day the Commissioners de spatched Mr. Williams, Native Interpre ter, to interview the Natives up the Wain gongoro River. When he got to Ma white he found that most of them were further up the river, where they are en gaged building canoes, and those remain ing at Mawhite would on no account allow him to proceed. He was told that anything he had to say must be said there. The road between the Waingongoro and Kaipipi has been formed, but instructions have been given that it is to be made some feet wider, so that it will have to be gone over again and the camp will not be moved for some time. Asthework isnotnecessary this looks like wavering from the policy of pulling towards Parihakaas quickly as pos sible, and may be interpreted by the Natives as a sign of indecision, if not of weakness. The approaching meeting at Parihaka,' to attend which I leave to-mor row is exciting great interest, and the at tendance is likely to be large.

The Lecture To-Night. —Pastor Chiniquy’s lecture will be given to-night, in the Town Hall. Tickets may be had of Messrs. Nelson and St. Hill, and also at Messrs. Weeks and Dixon’s. Deaf and Dumb Institution. pliance with a request, anestablishmentof the above kind will be opened at Sumner on the Ist March, under the directorship of Mr. Van Asch, who was selected in England for the post by commissioners appointed for that purpose by the Govern ment. A circular, of which we have been sent a copy, lias been issued from the Education Department, setting forth the objects of the institution, which briefly put are as follows : —l. To train young mutes to utter articulate sounds and to read spoken language from tlie lips of the teacher. 2. To employ this acquired power of speech as a means of instruction of the pupils. 3. To render effectual assistance to children who, from fever or of her causes, have lost the sense of hear ing. It is intended to make arrangements for affording to the pupils opportunities of becoming acquainted with useful trades, &c. The charge for board, lodging, and education lias been fixed at LSO per annum, but the parents, guardians, or friends of deaf mutes within the colony who are unable to pay this- sum are re quested to communicate with the Minister for Education,

DISTRICT COURT.

Monday, Feb. 16. (Before His Honor Judge Ward.) PATTON V. LAKE AND BEARD.

This was an action to recover L 142 2s. lid., amount due on a sub-contract on the Rakaia and Alford Forest Railway con struction.

Mr. Thomas, for defendant, applied for an adjournment, on the ground that an important witness for the defence could not be found, but there was reason to be lieve that he could be produced if the case ■were adjourned till next Court day. Mr. Purnell said ample notice had been given to defendants, and he would at any rate apply for plaintiff’s evidence to be taken, as there were other claims against the defendants, and his client’s claim might be prejudiced. His Honor questioned all the witnesses in the case who were present in court, and allowed 10s. expenses for one witness; the other three were not allowed anything, being in plaintiff’s employ, whose solicitor had ample notice of the wish of the de fendants to postpone the case. HUGO ERIEDLANDER V. CAMERON. Mr. Purnell for plaintiff; Mr. Thomas for defendant. . Claim L7O, value of a house illegally removed from land by defendant. The house had been purchased by Friedlander and sold again by him to Mr. Corsbie, on the understanding it was to be delivered at Alford Forest, but was removed by defendant during the night. Frederick Hyde, sworn—About four years ago I bought some land from Mr. Cameron at L 5 per acre, to pay interest at 10 per cent, until the purchase money was paid. My last settlement regarding pay ment of cash for interest was about April, 1878, and the next year’s interest I worked out. • I put up a house on the land. It was built on stone piles. I left the place on June 23, 1879. Friedlander Bros, sold me up, I seized the house and sold it. Mr. Hugo Friedlander bought it. When the house was sold it was standing on two heavy blocks of timbep. I moved the bouse from its original site, as there was too much land in the block for me.

By Mr. Thomas—There was no agree • ment between Cameron and myself as to the purchase of the land. I was to pay him the purchase money when I could. Did not pay any of it, but paid the interest on it. I have fenced some land there. There were no wooden piles. Cameron knew I was going to move the house to the fifteen acre block, but he would have preferred it put on the larger block. The house was built for my self and family to live in. There was no other building ou the land. Had a con versation with Cameron when I got the summons, and asked him if he would make me an allowance for the house, and he said he would make none ; and he said if I shifted it I would do so at my own risk. I have never given the place up. The house was sold for L13,0r 14. It cost 'me about L6O or L7O. It had two rooms, and was a weatherboard cottage 12 x 24, roofed with iron. When I left I locked the door and nailed the gate; , I have never given Mr. Cameron an account of what he owes me for working on the place. It was understood that I was to work the interest out.

Re-examined by Mr. Purnell Mr. Cameron never objected to me removing the house.

By the Court—Nothing was said about fencing the land. George Cates—X acted as bailiff in a case of a seizure of Hyde’s house. I seized horses, drays, and a house. By his Honor—l would seize the Town Hall if I had an execution against the owners of it.

By Mr. Purnell—-I think the house was on a sledge. I don’t know if the house was advertised for sale. I sold it on the ground at the date of the expiration of the warrant. Mr. Hugo Friedlander bought it, but I don’t know at what price. By Mr. Thomas—This was the only instance in which I have' acted as an auctioneer. I was acting - bailiff at the time. I was in- possession for Friedlander Brothers. There were about a dozen at the sale. Mr. Friedlander bought most of the things. There were other bidders, not f ‘ widders. ” She was a married woman. The amount of the warrant was' about LOO, and the sale did not realize anything like that. I furnished account sales of the total amount realised, but not of the particulars. Did not fur nish Hyde with a list of goods sold. I only took the original warrant with me and no copy. After-the sale I left the goods on tlie ground. There were three horses and two cows, a lot of harness, &c. They were put up in separate lots, and Mr. Friedlander bought everything, and gave a cheque to me for the goods. I have no book to show the entries of the sale. I got the cheque from Mr. Hurrel. His Honor—This is an original way of transacting business. By Mr. Thomas —I took the cheque to the bank. I don’t know what I did with it, whether I left it at the bank or took it back to Mr. Hurral.

Judgment for defendant, with costs. :(Left sitting).

RESIDENT MAGISTRATE’S COURT.

ASHBURTON —Saturday, Feb. 14.

(Before Mr. F. Guinness, R.M.)

The following is the concluding part of the report of the case against James Gar diner, heard on Saturday, the evidence in which we had to curtail to go to press. E. G. Crisp, solicitor, sworn, said—On or about the 13th of October last, Michael Higgins came to my office. He brought with him a very small scrap of paper. Can’t recollect tli e contents clearly enough to swear to. As far as I recollect, the paper was all in the same handwriting, and purported to be signed by James Gardiner. From previous knowledge I am satisfied the signature was accused’s. Higgins asked me what was the legal effect of this document. I advised Higgins if lie did not procure a bill of sale, to buy the horses, «fcc., right away. The first document brought to me by Higgins was not a bill of sale, and Higgins’ evidence in regard to that is substantially correct. I then prepared a receipt for him. I saw two small portions on the occasion of'the civil action heard in this Court. The fragments were left on your Worship’s table. I made out a receipt for the pur chase of three horses and a double-furrow plough. I think the wording of receipt, was, “Sold by me this day to Michael' Higgins.” I saw the document again an hour or two afterwards, and it then bore Gardiner’s signature across the stamp.

By Mr. O’Reilly—l don’t think there was any mention about repayment of the. money, op interest, in the first document. I„ informed Higgins that the document was no security whatever. I don’t remem ber if 1 it t purported to be a security. I could not say if absence of date was fatal to its validity. I don’t think the docu ment was attested by witnesses. Ido not remember if Higgins’ name wa3 on the document,, or that it mentioned LSO as consideration, or that it amounted to an agreement for a bill of sale or contained anything suggestive of such. The reason why a bill of sale' was not drawn up was because Higgins objected to the expense. My idea was that the horses were to be given in security for an advance of money. I have never. known an absolute bill of sale registered as such. Ido not recollect any time mentioned in the document for pay ment of money. Gardiner gave me no instructions in the matter. ; Higgins abandoned the idea of a bill of sale, and determined on an absolute sale. I got no instructions to provide for the money being refused. There was nothing in the docu ment making it compulsory on Gardiner to execute it. Mr. Hurrell, Clerk of Court, proved the judgment given against Gardiner recently for the return to Higgins of the horses, the reappropriation of which by Gardiner constituted the present offence. A warrant had then been issued and handed to the bailiff for execution. C. B. M. Branson, bailiff, received the warrant, and went to Gardiner’s place in company with Higgins, who pointed out the horses mentioned in the warrant. Seized them and returned to Ashburton. The horses were delivered to plaintiff. Saw Higgins next morning (Sunday).. Pri soner was present. I told him on what ! authority I acted, , and produced "the warrant. He said he was going to take the horses. He had two of them with; him then, and he took them away. John Welsh, storekeeper,; saw Higgins on Sunday, the Bth Feb. He was driving , three horses towards the bridge. Saw Gardiner coming in an opposite direction.' He rode between the horses, and he and Higgins spoke excitedly. Could not tell what they were saying. Gardiner slipped the halters off two of the horses, and Higgins rode towards Quill’s with the other animal. Higgins made a slight re sistance.

Prisoner declined to make any state ment. . ■

Mr. O’Reilly addressed the Court, argu ing that the document drawn up by Mr. Crisp amounted to a bill of sale, and con tending that a proper bill of sale would have been drawn out and registered, but for Mr. Crisp’s statement as to the cost.

Accused was committed for trial on both informations, after evidence had been led as to the fact of Gardiner taking away the third horse also.

Road Board Rates.

A case of some importance was heard on Friday at the R. M. Court, whicli, : although very trifling, so far-as the amount sued for was concerned, is of great im portance to local bodies seeking to recover their rates b) r legal process. The Long beach Road Board, through their collector, were plaintiffs, and the defendant was sued for three shillings of rates due. The account attached to the summons was simply a demand for payment of rates due for 1879, without specifying the particular block of land - upon which . the said rate was owing, and the defendant took objec tion on the ground that the description was insufficient. The Court held the objection to be a sound one, and gave j udgment for defendant. Now, we are of opinion that this judgment was not in accordance with the spirit of the Rating Act of 1876, which provides for all contin gencies likely to arise with respect to the recovery of ratejs, and we do not recollect any case wherfe, when an action was brought in proper form, a Road Board failed to recover. \ In the case .under no tice, there is no rjloubt that, what between the Valuation Roll being to a certain ex tent defective, ajnd the bill not being furnished to the defendant with full par ticulars of the (case against him, the Beard deserved, (to be mulcted for the costs in the action,; and if all ratepayers elect to defend thejir liability to pay rates on the same grounds as the defendant did on Friday, we imagine the revenues of the Boards will soon be reduced immensely from this cause. However, if collectors take ordinary carelin the preparation of their plaints and feet forth all the par ticulars of the demand, there can be no doubt of their ability to recover the rates. The Rating Act of 3/876, provides for the compilation of the "Valuation Roll, which is publicly exhibited! from January 15th to February 15th in '.each year, to give all the ratepayers an opportunity of objecting to any portion of itj? which . may affect them—from having ttheir properties rated at too high a value, or from having pro perties charged against them which they have parted with, oi for any other cause —and their objections can be heard by the Assessment Co|irt. But when once the Valuation Roll (has been passed and signed by the judge W that Court, it be comes the roll of tliej year, and is unassail able. From this roll a rate-list Js made out, and when compared and signed by three members of the Board, it becomes the record from which rate notices are made out, and upon Which defaulting rate payers may be sued. (We think that, as the name of the defendant was on the Valuation Roll for the {year, also on the rate book, and that had been served on him, the Adit had been sisSi ciently complied wjth. V It will, however,■ be a caution to collectors in suing,-for rates in the future, \o give full particulars of all properties, and thus (save the/local bodies from the costly fgpme of having cases given against them. \

Monday, February 16, 1880.1

THE ASHBURTON HERALD.



-New Advertisements. WEDNESDAY, FEBRUARY, 18. FURNITURE, BEDDING, &c. 'ESSRS J. E. BUCHANAN and Co. have received instructions to sell by Public Auction at their rooms on WED NESDAY, the 18th inst., i Handsome Cheffonier 'v 1 „ Wardrobe 1 Child’s Cot Toilet Tables Wash Stands Beds, Bedding, Ac., &c. ' • . Sale at 2 p.m. J. E. BUCHANAN & Co., 64c Auctioneers. ITT ANTED—A Good General BLACK ■ v SMITH at once. Apply, Victorian Shoeing Forge, Burnett street. 65c-511g £1 REWARD. T OST—A dark GELDING, 6 years j J 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. • 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 ASHBURTON CALEDONIAN SOCIETY. THE ANNUAL GENERAL MEET ING will be held at Quill’s Hotel, on FRIDAY, 20th February, inst., at 8 o’clock, p.m. * Business — To receive Annual Report; Election of Directors and Officers for en suing year. ■ All members requested to attend. J. E. HYDE HARRIS, 47c-499g Hon. Secretary. A SHBURTON 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. §ealey W. T. Davidson, J. Orr, H. W. Charlton, J. Sim monds, J. R. Chapman, T. Sealey, < J. Coutts. Treasurer—F. 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 entries, &c., may be obtained from the under signed. ' STEPHEN E. POYNTZ, 474g-33c ; Secretary. J)URE MALT VINEGAR ON SALE. 2s. 6d. Per Gallon. WOOD & CO., 45c Ashburton MONEY. £SO £loo ’ *** £250 ’ £SOO \ AND £IOOO. These sums are ready for immediate investment, on approved Freehold securi ties at current rates. Apply to THOMAS & BRUGES, • Solicitors, 13c CHRISTCHURCH.



J^"OTIOE— -The “ Ashburton Herald’ is“ a Gazette for all notices under the Debtors and Creditors Acts. 'MAN is not wise if he don’t advertise, And Twentj r Words cost a Shilling. /NOOKS. —You can advertise for a Cook in 20 words in the Herald for 1/-, ash." '' v. r . Number Young Ladies’ Journal, London Journal, Family Herald, Family Reader, Boys’ Standard, &c. Just arrived. H. M. Jones, rsta t tioner, Baring Square.



New Advertisements. NEW TAILORING ESTABLISH MENT. CRAIGHEAD & Co., MERCHANT TAILORS, HAVE opened those premises situated .. in Tailored 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 to please, he is prepared to guarantee a perfect fit in every case. TANCRED STREET, (Next Orr and Ci.’s.) CRAIGHEAD & CO. 982 a



Holloway's Pills.— These TRflls are more efficacious in strengthening a debilitated con- 1 stitution than any other medicine iffi the world; Persons of a nervous habit of bqdy, and all who are suffering from weak digestive organs, or whose health has become deranged _by bilious affection, disordered stomacli, of livef complaints, should lose no time in giving these admirable Pills a fair trial. colds, asthma, or shortness of breath are also\within the range of the sanative powers of thr\ very remarkable medicine. The cures effected by these Pills are not superficial or temporary.} but complete any permanent. They are as imilci as they are efficacious, aud may be given with confidence to delicate females and young cl\ib dren. ' Their action on the livef, stomach, mid bowels is immediate, beneficial, and lasting, restoring order and health in every easel— Advt. * \