SHIPPING INTELLIGENCE.

i, T^ T T T r , - PTrT ? f This Afternoon, 8.19 HIGH . v A TER- -^ To . morrow Morning, 8.38 SiTN SET.—This Evening, 7.17. SUN lUSE.—To-raorrow Morning, 5.1 MOOX'd AGE.—First Quarter, 23rd, 3.32 a.m.

ARRIVALS.

Augusta, brigantiue, Pulinan, froniLevuka

DEPARTURES.

liotorno, R.s., 650 tons, MeFarlaue,' for Sydney . (jjrom thij Mannkau) Tona,"a.s., Farquhai*, for tlio North Itov/cjia, s.s., Sellars, for Taurahga

IMPORTS.

Per Augrrista from Lsvuka: —110 bags maize, 2 tons sugar, 300 bunches fruit.»rA.S.P. Co., a rente. tVr jiclift Mary:—l 23 ca3os.ia.ni. -10 tart fruits, 1 <;••>■:•. kangaroo leather-— R. Arthur. Pct1 Transport:—lo rolls matting.—R. Arthur. Per Saxon :—IS cases hams and bacon.—lt. Arthur. Tho s.s. Itotorua left Oneliunsa for Sr<lney tii's morning. Tbo barque Bella .Mary and the schooner Piouser are.discharging their cargoes at the new . -wost-erfl ica. - : Tho stmobnor Daphne liar; come alongside the wharf on the east side, and is now discharging huv earg-o of maize. T!i3 a a. Jano Hdtisjlfls leaves, at 1 o'clock this afrornoon for Gisborne and Napier. The barque CabarEoidh was Imuled away into il'.-j s'.rsata this morning1, and is' ready to sail for Ad sUido with tho first slant of wind: Tho bi"if?an.tine Augusta arrival in harbour teom Lovuka at 12 o'clock last niylit, brinsriivr a small cargo of maiao anrt friiifc. Siie left l...cAiuka ai ii.-iii a.m. on Friday sth day of Jan. 1877, light • win-i from cast, tine wcatiier. Saturday 6th frosh brs»KC, heavy rain at. times, thunder and lightning. Sunday, steady hi-fcze, fine weather. Monday, weather very urisettled. heavy rains, thunder and lightuia^-, wind btiiHib*. Uh, lisrht from south, sky threatening. Tucsdi'y, ilvst j ]!-iri i>.i;Hin<j, latter part steady from W.N.W. ■\\ redn2sda> r'. strong winds from Ts T. hi.t!.'h ci'oss sf»a, put ship under easy sail. On Thursday, ii^ht wind and bafflin'S. carried away jib-stay and split the sail. Friclaj% calms turou'jfhout tho day, wcatiier hot and sultry. Saturday 13th day of January, steady breeze fro:a N.X.7C, fine clear sky. Sunday llflvsnwt bresze from N". by W., iinc clear weather. Mon ioth, t'rcs'i sale from South by East, hard scraalls ■with heavy rain. Passed Fannl Islands at 1.30 p.m. Reminded Rangitoto 11.15, bearing up oil* break-water wharf at mid - night. Strong wind from South. The Auornsia got under weigh at 10 o'clock this morning, and cams up !o the westward side of the Quc<?n- Street wharf, whore she will discharge. She brings as passengers, Mrs Scanlan and three children. Tho City of Sydney is expected hero this evening from Sydney. She will leave with the Engush and American Mails shortly after arrival.

CHIEF POST-OFFICE, AUCKLAND.

Mails will Close as Undkti :—

For Thames, to-morrow, at 5.30 p.m. For Coromandel, per Argyle, on Friday nex

at 2.30 p.m. For Wangwred Heads, Waiou, Wangarei, and Mangapai, per Argyle, this day, at 4 p.m. Per City of Sydney, to-morrow, 17th instant, as under :—

For Kandavu, Sandwich Islands, United States oi: America, Canada, British Columbia, Central and South America, and British and Foreign West Indies, at 9 a.m. For United Kingdom and Continent of Europe, at 9 a.m. For money orders, registered letters, and newspapers, this day at 5 p.m. Late letters bearing an extra fee of 6d in addition to the postage, will be received by the Mail Agent on board up to time of sailing. For Tavanaki, Southern Provinces, and Aus tralian Colonies, per Taupo, to-morrow, at

' BJo a.m. For Tonga and Samoa, per Vincent, to-morrow

at 11 a.m. For Gisborne and Napier, per Southern Cross.

on Friday next, at 3 p.m. N.l>. It 'is hereby notified that the fees for private letter-boxes have been reduced to a ■luuovm rate of £1 per annum.

S. B. BISS, Chief Postmaster.

The Evening Star: WITH WHICH ARE INCORPORATED "The Evening News," "The Morning News," and "The Echo."

TUESDAY, JANUARY 16, 1877.

Per riia ctrt.se that lacks SGsistarice, For the wrong that ncods resistance, For tjie future in.the distance, And the k<x*l fl»a* ** tan doi

Suburban residents arc still puzzled what to do with the. four or five Acts prepared by the legislature to enable them to work out their own destinies. That this should be so is not very remarkable, when even the makers of the laws are dubious about the effect of the most important pro visions. The chairman of the meeting last night, J. A. Tolo Esq., M.H.R., informed those present that the Go vernment would not pay any subsidy unless the permissive clauses of the Coun ties Act were brought into force and a rate levied. This appears to have staggered many of the ratepayers, and would, we believe—if a correct interpretation of tlio new laws, re sult in a general creation of Boroughs for the government of the suburbs.. But misapprehension concerning those volumi nous and hastily passed Acts to excusable even in a legislator and one of the profes sion specially engaged in reducing to practice tho abortions of the elected manu facturers of statutes. And we think a reference to the Act will show that Mr Tole, ■in his remarks last night, was wholly wrong. Clause 8 of the Financial Arrangements Act expressly provides that: There shall, be paid "to each County Council a sum- equal to one-half" of tho sum so received [in general rates] by such Council, or equal to one-half of the total of the sums so received by all the Road Hoards or parts of Road Boards within the county, which ever of the two sums is th« greater." This is from land fund. Clause 13 sec. 2 provides for the payment of an Cfjua! amount, on the same basis, from consolidated revonue. Olauso 31 prescribes very explicity tho course of proceedings when the operation of the Counties Act is suspended :" Tn the case provided for in tho Comities Act, in which the whole of the said Act is not brought into force in any county, the moneys by this or any other Act; made payable to the county shall be divided amongst the several road districts and outlying districts included therein." The clause goes on to instruct the County Council, after it has resolved to entrust the whole of its administrative functions to the road boards by suspending tho third schedule of the Counties Act, to meet and ajijrortion its revenues among the various road boards in tlto county, sending a copy of tin's division to the Colonial Secretary on or before the 30th April. " The Colonial Treasurer rlijiTl issue nnd pay to the Road Board thteroof the share of the money ('.Hotted thereto as above provided,'* Wo. have

not boon supplied with any authoritive ' information relative to the intentions of the Government under the circumstances described, but the wording of the Act, we should imagine, is explicit enough to compel the payment of the county subsidies to the road boards if a Council chose[to dele gate its functions to those bodies. The Finan cial Arrangements Act throughout appears to anticipate the non-levying of a rate by the County. Clause 32, in specifying the form of the return to be made for the guidance of the Colonial Secretary, speaks of it as a " return of the total amount of all the rateable property within the County upon which rates have boon or might have l)con levied during the year," and "the total amount of all general rates actually received by such Council or Board during the said year." These and other clauses sufficiently provide for the delegation of county duties and revenues to the road boards. Clause 33 meets tho opposite contingency : " When under the Counties Act, the roads and boroughs comprised in a county shall be merged, in such county, then all subsidies which but for such merger, would be payable to the road boards and boroughs shall be paid and payable to the county." There can be very little doubt, we should think, that if the County Council resolves to suspend the third schedule of the Act, tho Road Boards will become entitled, on the average, to £2 subsidy on every £1 of rates collected, in addition to a proportion of tho Hconso3 and other fees. The county, in

apportioning this revenue, will, of course, have to taka into consideration the cost of main roads in each highway district. But

for Mio difficulty of controlling an irrespon sible board oc representative?', the settle ment of existing1 v.nc -rtainty and waver ing would not have elicited any very lengthy discussion. The safe course is clearly to maintain the stntxi quo. for the first year. Tho County Uuunoil may at anytime bring the whole Aot into' operation, bu* once committed to it, thero is no rotroat j it can never divest itself of tllO responsibility. The suburban taxpayers have, however, their remedy under'the clause of the Counties Act which empowers a district at any time to withdraw from the county by creating a borough. We do not hesitate to say that if tho members of tho Eden "Council bring the wholo Act into operation they will, within twelve months, find themselves saddled with the impossible tusk of ad ministering the expensive machinery of tho Act out of tho rates of a few of the out lying districts, such as tho Whau, Mount Wellington, and Tamald. If the Council wisely resolves to hang up the_ Act for the present, and distribute the subsidies among Road Boards, it will bo to tho interests of Parncll, Newton, Grafton Road, and other suburbs which are noAv developing a dis position to avail themselves of the Munici pal Corporations Act, to continue the cheap system of local government supplied by the highway boards.

Wi3 are sorry to hear that difficulties have at the last moment arisen in the way of an immediate completion of Mr BroomhalPs arrangement for the purchasc»of Tc Aroha block. The area and boundaries of the block were well understood throughout the negotiations, and formed the basis of settle ment between the Waste Lands Board and Mr Broomhall. But now Mr Mackay, who effected the purchase from the natives, lias suddenly stopped in and stipulated for native reserves, covering a very large area. The old bngboar which has strangled set tlement in this province reasserts its sway aud thrcntoia to defeat the establishment of this promising pioneer farm settlement on tho upper reach ea of the Thames river. We know nothing of the circumstances that justify this extraordinary demand, but we have a very shrewd notion that if the Gov ernment inform Mr Maekay positively that tho amount of reserves must ho reduced to within fivo hundred or a thousand acres, means will he discovered for tho removal of the obstacle. The matter is one of pressing importance, and avc hope the -Ministry will not promptly and with firmness, t

A petition against the election of. Col. Whitmoro «■« » member for Clivo Hiding was hoard at the Napier Court yesterday. The grounds of the petition were that plural rotes had been illegally rejected by the Returning Officor, as well as other qualified votes. Judgment was reserved for a week. The following notices of motion will come under " the consideration of the Borongh Council to-morrow :—Coun cillor Dickflon to move, "That the horses, harness, &c, owned by the Council be sold by public auction, and others when wanted be hired from tho contractor." Councillor Goldio to move, " That tho following be a committee, viz., hia Worship the Mayor, Messrs Prime, Waddel, and the mover, whose duty it shall be to examine all ad vertisements previous tp insertion, and see that they arc inserted only in accordance with the Act." Councillor Prime to move, "That a draft Bye-law be prepared and submitted vfor tho consideration of the Coun cil, fixing tho coat of constructing footways in compliance with clause 203 of " The Municipal Corporations Act, 1876 ;" also draft By-laws fixing the charges to be made for licensing theatres, dancing and music halls, in compliance with sub-section 4 of clause 323 of " Tho Municipal Corporations Act, 1876." Councillor Dickson to move, "That the levels of Howe-street and Bere.sford-Btreet bo altered." Adjourned debate on the city plan. Cadets of the Engineer and Grammar School Companies, between 14 and 17 years of age, who proposo to lire for District Prizes, will assemble on the Rifle range on the morning of Saturday, the 25th inst., at 9 o'clock, having with them their own .am munition (21 rounds each), which will be subsequently returned from store. A curious incident occurred at tho sitting of the Grand Lodge the other day. A brother was warm and glowing in the middle of a philosophic speech, when a lad was ad mitted with a telegraphic message from the Thames. As tho ohairman glanced at the telegram, his eyes seemed to glow with now delight, and, turning to the Council, he said°? "Brothers and'sisters,—l have just received the pleasing message by telegram that my donr wife has been safely delivered of a son and heir." A general shout_ of exultation followed, and a score of voices uttered; "AVo wish you many happy returns of the day;" The railway authorities at Rome were troubled with an unclaimed box. Suspect in*' that something was wrong, they opened it, when it was found to contain the body of a yovuig woman, Carefully embalmed, and exhibiting no signs of decomposition. Vigilant search shewed that tho remains had been packed by a master baker in Naples, who had maintained Giiiseppina Gazar as hio mistress. Traces of poison ' were discovered in the body. , ' The Greymouth cricketers have scented the battle nfar off, and are making pre parations for the formation of an Ambulance Corps, as will bo seen from the following advertisement, which* is copied from the " Gcey River Argus :"—" All-England Eleven.—Wanted, a duly qualified surgeon with an ambulance wagon and trained assistants to attend the cricket match at Omotumo.to on 26th, 27th, and 28th Janu ary. Copies of testimonials to be forwarded in triplicate to. the secretary." 4 telegram from, our own correspondent at Napier states that the natives there are preparing for a great tangi, or lamentation, for tho death of Sir Donald^ McLean. This is an honor seldom paid to Europeans, and to none but those of the highest rank, or who have been received into a tribe as a member; W was the case with, many of the old pokeha. Mwrw, ,

Tho conversaziono, and annual ball in. connection with the Royal Standard Lodge of Free Templars Sick Benefit Society, will bo held in the Lome-street Hall on the evening of Regatta Day. The Hibernian Band will be in attendance.

At the first meeting of creditors, held m the Supremo Court Buildings, in the estate of Johu Anderson, a master manner, the liabilities -were set down at £300, assets £96. Mr Thomas Macfiarlane waa appomtod trustee. •

The chances of-the Canterbury team in tho coming match with Otago are said to have improved. Oorfo and Teach, first-class batsmen, and Hemnore ono of their best all round oricketers will play.

An opportunity is afforded tho public of visiting the Kaipara to-morrow, when the Helcnsville rnces take plaoo, ami returning the same day, by a boat leaving Auckland at 9.30 a.m."to moot a spocial train service leaving Holonsvillc after tho races, at 5 p.m. It is a real treat to townspeople. We are obligingly furnished by John M. Wayland Esq., Registrar for the Auckland district with the following returns -.—The total births registered in the district of Auckland during the year 1876, Wer© 1566 ; the total deaths 709 ; the number of mar riage certificates issued, 417; marriages solemnized by the Registrar in his office, 91. Since tho reduction of the fees from £3 to £1, for solemnising marriage in the Regis trar's office, tho marriages by the Registrar liavo been doubled. Tho ratepayers of City West, held their annual mooting last evening under the Education Act, in the Union-street school room. Mr. T. D. Leslie, occupied the chair. Tho mooting was not largo, owing to tho inclemency of the weather. Mr. G. M. Main, lion, secretary, gave in the anitual report, stating that tho number of boys on tho roll was 120, girls 99, total 219 ; but owing to the negligence and apathy of parents, the average attendancehad only been 117. It was also reported that the school building was in a very defective state, and far from being weather proof. After some other conversation, it was resolved on the motion of Mr Shove, seconded by Mr Pow ley, " That this meeting resolves not to elect a new school committee, but that tho Board of Education be requested to appoint commissioners in accordance with the provisions of the Act." The meeting then separated,

Thero arc 66 males and 13 females in the Hospital. No death occurred last week.

The total number of inmates of tho Auckland Gaol on Saturday last, was 14S males and 31 females. Two unfortunate debtors were undergoing the rigours of con finement.

Yesterday afternoon while Harry Maiden was driving his omnibus past the Newmar ket stone quarry, a blast went off, and a piece of scoria rock landed from its aerial [light on the roof of the vehicle. Fortu nately no one was hurt, but again we have to call attention to the carelessness which is continually being exhibited by contrac tors' who have the direction of Wasting operations.

A well-attended meeting of the two com mittees appointed to select players and to make arrangements for the coining cricket mutch against the All England players was hold last night. Mr Macdonaltf, C.E., was culled to the chair. Mr Buckland explained tho latest intelligence received as to the movements of the All England Team. The cricketers were to leave Sydney by the Ilotorna on the 24th instant, ami- expected to arrive in tho Mamikau on the 26th. They would play at Auckland on tho 29th and 30th, and leave on tho evening of the 30th for Wellington. A very general feel ing against this arrangement which provides for three days cricket. Mr Buckland was instructed to write Mr Bennett to that effect. The state of 1h; finances, which was not very satisfactory, was laid before the meeting. This showed a sum of £130 iv hand, and promised. Messrs Cotton and Yatcs were commissioned to agree upon a uniform for the Auckland Team, and to make other preliminary asrangemonts.

At eleven o'clock this morning the boom of a signal gun from the side of H.M.S. Sapphire gave warning of the postponement oE tho afternoon party Which was to have been given by Captain Murray and the oilicsrs of the vessel. The cause of the postponement was the higli north east wind blowing, which would have spoilt tho plea sure of the affair, and also thinned the number of the guests.

The ftxamination was proceeding when we went to press. His Honor, having intimated during its progress, that in order to prove frand, actual proof must bo adduced, suspicions and surmises being insufficient.

ARRIVAL OF THE AUGUSTA FROM LEVUKA.

LATER FIJIAN NEWS.

ESCAPE OF SEVENTY MOUNTAIN

DEVILS.

By the Augusta, which arrived last night from Levuka we have Fijian files to the sth inst. Tho latest, and most important news is brought by Captain Pulman him self, and is to the effect that on the 3rd inst.. seventy mountaineer prisoners escaped from custody at Sava Sava, and got clear away to the mountains. The messenger who brought the news to Levuka, stated they had already recommenced their can nibal orgies and atrocities. Great excite ment was fife on»tho receipt of the tidings, ftnd when the Augusta left a company of troops and volunteers was being hastily organized to go in pursuit' of the savages.

THE REGATTA.

The Annual Regatta was held on New Years Day, and was a great success. The yacht race was! won t>y the Ului-i-Lakeba. Five boats started, namely, the Victoria, 17 tons; Lurlme, 25 tons; Ului-i-Lakeba, 23 tons; Kathleen, 8 tons; and Perseverance, i tons. The Victoria led all the way, and came in first, followed by the new yacht fifteen minutes later. The Victoria was for some ro««on handicapped 20 minutes, and the Ului-i-Lalceba takes first place. A protest laid by the Captain of the Perseverance against all the other vessels for not going the right course has not been decided. The barque, Menschikoff, arrived from San Francisco on Tuesday the 2nd inst., with a cargo provisions. __ The BS. Emu. loft for Tairua, on Monday the Ist January, ftiie was to return to Levuka, and sail for Auckland in about a fortnight: A rumour is prevalent, that the cutter, Mary Eliza, has been wrecked somewliero to wind ward. It is generally stated that Levuka lias never seen worse Minos than tlu% present. Asyainst thio it is encouraging to sfcata that the Customs revenue for Dec. isthelargesteverrccordeilinone month, namely £1731. The Customs revenue for 1876 has exceeded tho estimate of £12,000. The exports for 1876 show an increase of 40 per cent on those of 1875. At a recent sale of beche de mer £61 per ton was roalized. The schooner Dauntless (late Hawaiian) got under weigh on Now Tears Day, and was cruis ing about. She proceeds to Sydney under Cap tain Hughes. The Star of the South left on her usual wind ward trip on Tuesday the 2nd Jan. The " Argus" concludes from this that "her threatened de parture at the beginning of the year lias been postponed at any rate for some time." (Captain puhnan informs us that the Star was to leave Levuka for Auckland on the 15th inst.)

CABLEGRAMS.

(PRESS AGENCY,)

THE ENGLISH ELEVEN AGAINST A

SYDNEY ELEVEN

Sydney, January 16.

An eleven of New South Wales played the eleven of All England. The English men went in first, and scored 271 in one innings ; Ullyctt 95, Pooley and Selby over 30 each. They leave on Wednesday for New Zealand at 1.40 p.m. ■ .

PASSENGERS PER WAKATIPU FROM

SYDNEY, Passengers per Wakatipu from Sydney to Auckland, Rer, Jfr SiwsQn. &»4 W GoWift

A special meeting of the membersi of! th Auckland Presbytery will bo held on Wednes day evening the 21th inst., at 730 p.m., in St. Andrew's Church, on which occasion, Messrs J. M. Fraser and P. S. Hay will be ordained to the work of tho ministry. The ordination services will be conducted by Rev. J. Gallaway. moder ator, and an appropriate discourse will do delivored by Rev. D. M. Runciman. The City East ratepayers will hold their annual meeting this evening, in the Y.M.O.A. rooms, for the purpose of electing a school oommittee mr the ensuing year. We havo received a copy of the "Taranaki Almanac" published for the proprietors of the "Taranaki ilerald" by W. H. J Softern. The almanac contains a considerable amount ot well-compiled and useful, local, and general information.

A §20 000.000 tuanol under tko straits of Gib raltar is proposed, by means of which and the Dover tnnncl, passemgers will bo able to go from London to Calcutta without change of cars. Tradition, it may bo romombered, asserts the oxistenco of a passage under the straits, and that thus the first Moors crosssd into Spam. Tho monkeys are also said to use it regularly as a passage between Europe and Africa.

THE CITY OF AUCKLAND.

Tins well known clipper ship was hauled away from the wharf this morning, and took up her station in the stream for a few hours before finally taking her departure for London. Tho City has never had such quick dispatcli as she lias had this time. SI io has only been in port a few days over two months', and in that timo has discharged a full cargo, and taken in another. Of course the principal credit for this promp titude reflects upon the New Zealand Shipping Co., who have loaded the vessel for the return voyage, but no small share of it is due to Captain Rails, who has be come recognised as one of the most careful, and obliging of tho skippers, who periodi cally trado to the port. The City has a very valuable homo freight, consisting of kauri gum, wool, cotton, copra, tallow, hides, &c. &c. Contrary to her usual wont she takes no saloon passengers, and only fifteen steerage, but this is explained by the fact of her starting so soon after such a lino ship as the Orari. At the same time, we should not bo surprised to hear of the City, which is in excellent trim, arriving home as soon as her more powerful prede cessor. The passengers were taken o(f to the ship to-day at noon, by one of the Ferry Cos. steamers, but their departure was devoid of that excitement which usually attends the leave-taking when this gallant ship sets sail for Old England. The ship will sail in all probability, tho first thing to-morrow morning. Passengers: Mr arid Mrs Burnsdale and son, Mr and Mrs Joseph Woods and two children, Mr and Mrs Taylor, Mrs Caroline Taylor, Daniel Ryan, A. Milroy, J.J. Young. F. Nicholson, W. H. Robinson.

SUPREME COURT.— Yesterday.

FERRIS V WALLIS,

The main part of the evidence in the case, which was an action to recover commission, iSrc., in connection with the sale^ of the Wangara run, appeared in our last issue. Alexander Macdonald, sheep-farmer, and the defendant having given evidence, counsel on both sides addressed the jury in favour of their respective clients. His Honor then summed up tho whole of tho evidence, and submitted the facts to the

jury. After a short deliberation the jury re turned a verdict for plaintiff on both issues, with damage £'225.

Tho Court roso at 5.15 p.m

THIS DAY.

(Bcforo Mr Justice Gillies, and a Special Jury.) ITIS Honor took his scat at ten o clock.

MCGAKRIOLE V. THE STANDARD INSUR ANCE COM I 1 ANY*.

The names of the following gentlemen, who formed the special jury in this cause, were called by E. S. Willcocks, Esq., Registrar : — Messrs. C. Alexander (foreman), H. N. Gar land, W. Anderson, .T. Hanson, M. H. Hoc, 1L S. Meyers. 11. Allwright. C. C. Fleming, P. .1. Oalton, W. J. Dalton, W. E. Errington In this action, in which Mr. "Whitakcr (for Mr Alexander) apoearcd for plaintiff, and Mr. llosKeth for defendants, the plaintiff sought to rceoTer tho sum of £1,2(5" 12s of the said defond aiits. ~.. , Mr. Alexander i-ead too conditions under which plaintiff claimed £1000 damages. The declaration shewed that the plaintiff, a papto graphor. of Queen-street, did, on the 29th May, 1875, enter into an agreement with the Standard Insurance Company, who, thereupon, insiu-cd tho property of platntiif for a sum of £1.000, upon which plaint ill" paid a premium of £22 10s. and thai on tho 21th September, a fire broke out on plaintiffs premises, wiiich destroyed plaintifr.s property, amounting to £1,287 12s, being £287 over the amount specified hi the policy. The items of the chum were 9000 mounted Maori portraits, and 2000 unmounted, amounting, with the other portraits, to £815, a number (2000) views at Is 6d each, 250 o uncos of silver solution, at s?>per ounce, amounting to £!>2 10s, and lenses, and other property, making the sum above stated. John McGamglo deposed that he Was the ■ plaintiff in this case, and wa3 a photographer, and dealer in photographic requisites. He had a lease of soven years of tho premises on which tho fire occurred on the 21th September, the half of which was expired. Ile had i sold all kinds of goods, paper, collodian, silver did not pay, but ho had formerly sold it; he might have bought nitrate of silver with a goncf rai stock. He could not remember ever 'buying solution of silver. The claim (produced) was that which he delivered to Mr Uilfiilan under his policy. His dark room was about 8 feet square. There was a store room, between C or 7 feet square, partly wood and portly iron, ho added the iron parts. All tho goods mentioned in the claim were destroyed, but since he had found that two show cases were not damaged, and a gold frame had been I recovered, value £-1 12s. The other goods included in tho claim were in thie dark room at the time of the fire. Tho Various liquids were in chemical bottles, sonic with glass stoppers others with corks. There were 3 or 4 Winchester quart bottles in the room; they contained nitrate of silver. He did not tell Detective Jeffrey, the morning after the tire, that there were two or three dozen AVinohesters in the room. He believed there was the quan tity of silver for which ho had charged in his claim. The 2500z5. were in crystals, pure silver, and in three bottles; he made the orystals himself, and dissolved it. He novcr studied tho quantity of christals he used, and could not give an average amount of the silver; solution is an advantage in any form; the silver which he charged for was of more value than 5s an ounce; he made his own silver, which was absolutely pure, from foreign coin. He did not know about other PhOtographor's business, nor could he speak as to amounts of silver on their premises. (Mr. McGtarriglc hero explained the various processes of making and transforming silver). The 250 ozs were kept by him for business purposes, but he. could not say how long-it would have served him. He had a largo amount of bottles in tho dark room, he did not remember telling Jeffrey that they had moiled, he thought they might have gone down ■ the holes made by the lire, there were no burnt holes in the store-room floor. Everything both in the dark*,and store-rooms were destroyed, with the exception of some views which were charred. 3,100 of different sorts which were oil the shelf; he also claimed for 22.000 maori portraits, unmounted, packed in envelopes, 50in each, the 9,000 mounted ones were similarly placed. Not a vestige of them remaincdh These were not his usual stock, he generally had more. His average sale for the last four years had been about 1000 a month. lie kept a record of the sales, but believed the books were in the possession of Mr. Giltillan. They were hot burned. He gave the key of the premises to Mr. Gilriilan, when he asked for it. He had sold unmounted Maoris to aMr Webster, a photographer. The 0000 were superior pictures, for which he had prepared; he hud not sold any of those, as he had made a point oH not Belling them until the old stock "ivirs cleared out. He purchased soinc of the superioj? mounts of Mr Waite, others he had from Eng land, Ho had not claimed for several thousands of Maori pictures, as they were damaged. Ho commenced to print the 22,000 pictures three years ago. They were a new class of goods. About 1000 pictures af the same class as the 9000 were destroyed, but lie overlooked them, and they were not in the claim. He had sold to Mr Harris and to Mr Tun-ell and to most of the shopkeepers at ia 6d per dozen, cost price £25 per thousand; the views he. sold at Is 6d per dozen ; 500 views were destroyed. Kept his Maori negatives mostly at home, because he set a great value upon them. About 200 were des troyed ; he did not charge for them, because he was told he would only get Is each, and he would rather lose them. The printing room was not destroyed, had three or four lenses on the. premises, but could not give the makers' namea; there wore two American, one English, and a Glasgow one. There, was aluo a ftuiClWJs Tffhioh, bQ ifia^e himself

POLICE COURT.—This Day.

NO APPEARANCE.

fTWnrfl Tt. B. Barstow Esq., R.M.)

Ellen Conlon, who was arrestea uji <* charge of drunkenness, and let out on her promise to appear this morning, did not show up when called, and a warrant was ordered to be issued for her apprehonsion. BETTER FOR HAVING HIS GROG STOPPED. John Smith, who was arrested as a lunatic a week ago, and remanded to Mount Eden, was brought up again this morning, and as his enforced abstinence from drink had restored him to his senses, ho was let at liberty. VAGRANCY. " George Chapman was charged with a breach'of the Vagrant Act, in Hardmgo street, by using blasphemous language in the hearing of persons passing. Defendant said it occurred in his own house. , Sub-Inspector Pardy said the language coul<l bo heard by people passing. His Worship : If you make use of the language in your own house in the hearing of people passing, it is just as bad as if it were used outside. tit Defendant : Well, yonr Worship, 1 had a drop of beer into me, or I shouid not have used the words. Fined 20s, or seven days imprisonment. tINLIGHTED CART. Stephen Short pleaded guilty to a breach of the city by-laws by neglecting to keep a light on his cart in Qucen-stroet at 8.30 p.m. on January 6th. Fined 2s -6d, and 5s 6d costs. The Lottery Gases. . F. H. Lewisson was charged with a breach of tho Auckland Municipal Police Act, 1866, by being beneficially interested in a lottery, in which prizes were drawn by cliance, by drawing tickets from two boxes.

Mr Lewisson pleaded guilty. Mr Brookfield said he appeared in the case with Mr Rees for the prosecution. They had no instructions to press for more thaii a nominal penalty against Mr Lewisson or Mr Wells, and they only desired to obtain an authoritative decision from tho Bench as to whether or not these so-called art unions for the sale of jewellery came within the terms of tho 17th section of the Auckland Municipal Police Act, 1866. Mr Lewisson in this case issued a sort of prospectus, in which he said that he had 236 chances of 20s each, and he sent out a littlo circular as follows: —"Dear Sir, —I have the honour to solicit your private patronage for the Grand Art Union to be drawn'on the 18th January, 1876." The circular then set a list of prizes, the whole amounting to £236. No _ doubt Mr Lewisson had done this in the innocence of his heart. It was Christ mas time., and he thought that people would like to have something hand some. But the case did not come imder the Art Unions Act which was in force here. There is a provision in the Auckland Act which was very wide :—" Any person inter ested in any scheme by which prizes of money or any oilier tiling are thrown or competed for by lot or dice, or in any other mode of chance, or who shall sell tickets for such lottery or scheme, or any person who by pretence or by moans of any device shall well or dispose of any lands, goods, or merchandise, by means of any game of chance, shall forfeit a sum not exceeding £50, or in default be imprisoned for a period not exceeding six months." If a lottery was held to dispose of any work of art notice must be given to the .Superintendent, or in the case of any rattle of a private nature. It could not be contended by Mr Lewisson that this was a private raffle of any work 'purely ot ar , o" -hit any notice was given to the Superintendent, or that ]•» was a radio of a private nature, and if he did the Bench would probably decide against him. The Art Unions Act of England, Bth and 9th Victoria, specified that any Art Union must be held for the disposal of works of art. It could not be contended that Mr Lewisson's prizes were' works of art. The Bench would probably give a decision which would put a stop to •these affairs, and also to the sweeps on races in public-houses, which do far more injury to the young than lotteries such as Mr Levrisßon'R.

Mr Rees said tiles'- lotteries did injury to legitimate trade, and no doubt Mr Lewis son and Mr Wells Avould feel it hard if other persons in the same trade were to catch floating money by those attractive speculations and games. If these lotteries were allowed there could be no* reason why drapers and wholesale wine and spirit merchants should not work off their dead stock by the same means, and then the laws for the suppression of gaming would become of no effect. These cases had been brought forward by the police, and to some extent by private parties, to defend the law, and to defend themselves. He quite coincided in the view that a heavy penalty should not be pressed for, but if the case had been defended the fullest penalty would have been asked to be imposed. But the broadest offence under law had been committed by the parties. This Avas not the first time that Avarninga had been given, and therefore it Avas absolutely necessary to bring the matter before the Court. Some time ago the two gentlemen nxnv before the court had beon similarly charged and warned not to transgress again, but having been let off they thought they would have another try. It was a rather amusing fact that the constable Avho laid the information had him* self bought a ticket, and had not Avon a prize. (Laughter).

His Worship the offence.

That is the gravamen of

Mr Rees ; I do not know how it would have beon if ho had won a prize. - Mr Lewisson : May Ibe allowed to say a fewAvords. Mr Rees'remarks seem to point to the conclusion that there have been no other Art Unions or rallies in the place lately. I know that within the last three months I have subscribed £1 to at least 20 art unions, and I know of others in the same way of business as myself raffling musical boxes and things, and they have never been noticed. I Joioay that liquor lias been rallied. Some years ago I was spotted out for selling 4d worth of tobacco on Sunday to a boy, though other people Avcre noto riously selling on Sunday, No one else Avas pitched upon but myself, and Avhen everybody was going into it at Christmas I thought I might as Avell-havc a chance Mine was not a raffle- but an art union, and I knOAV of 20 others, of Avhom no notice was taken.

Mr Brookiield : Tell the police. Mr Lewisson :I am not an iuformor I can do better than that.

His Worship : You cannot call it an Art Union unless they were works of art. That as the English Act. Mr Lewisspn : It is not in force here. His Worship : Here, there is an Auck land law, the Municipal Police Act: and if anyone wishes to hold a lottery purely of works of art, he nrast give notice to the buperintendant. There is no Superinten dent now, therefore you cannot do so and you cannot hold any raffle except of a private nature.

Mr Lewisson : Mine was quite private • it was held m my own house. His Worship : If a person sends a circular round, it cannot be regarded as private lhat is the usual way of giving public notices.

Mr Lewisson : I was under the impression it was a private affair. His Worship ; This cannot be called pri yate. (quoting the circular. It is llo t aa *$*£$?* : ? sent tW ** ™» vi His Wurshi, Then yon are very Liu n »t A «* having * fct q£ fifyjqg? T

Mr Lewisson : I have been here a long time, and have many friends. ° His Worship : This is certainly aninfrj^aj. ment of the law. As the pros^C.. v Sp only requires a nominal penalty, j. shall inflict a fine of 20s and costs. Bear in mind that a second offence will render you liable to six months imprisonment. Mr. Lewisson : I will bear it in mind. Another Case.

Mr. Rees : There are two other cases against Mr. Lewisson, but with your Worship's permission I will withdraw them. I must ask for counsel's fees, and the witnesses expenses. The names of the witnesses summoned by the police against their -will were then called over as follows :—M. Cor coran, Samuel Partridge, Isaac Harrison. They all declined to receive expenses. Mr Rees : I hopo they got prizes. •; Mr F. H. Lewisson was then charged with having established a lottery. H e pleaded guilty. The case was withdrawn on payment of costs, 6s 6d. An& Tet Another Case-

Mr F.H. Lewisson was also charged with having disposed of three tickets. He pleaded guilty. Withdrawn on payment of 6s 6d costs. His Wtrship allowed counsel's fee in each case, of £1 The total costs were £8 13. And Still Another.

Samuel Wells was charged with a simi. lar offence by having on the 4th January sold three tickets. Defendant pleaded guilty, and said he was not aware that it was contrary to IaAV. Mr. Brook field quoted the Act, which was to tho effect that "If any person shall sell or dispose of any tickets or other means by which permission or authority is gained by or given to any person to throw or com plete for any interest, in any such scheme." In this case, (continued Mr. Brookfield) tho ticket was sold to Constable Burke on the 20th. The ticket after showing an advertisement of Mr. Well's business, has on the back "NO6B, A.N. 21, 12, 36. A Well's." The Constable purchased the ticket personally, and the drawing took place in White's baker shop, Queen-street. Three tickets were sold to 8 persons who put in each 2b (hi a piece, and threw dice. I shall be satisfied with a nominal penalty. Mr Wells : May I ask to see the tickets I am supposed to have sold. His Worship : It is not necessaiy, where a person swears ho bought them from you. The tickets may have been torn up or thrown away. Mr Wells : I did not know that I was acting contrary to law, and I very much regret that my fellow-tradesmen should have pressed this charge against us. His Worship : I know where the prizes, have been the work of a roan's own hands, it has been held that they were works of art.

Mr Wells : A portion of these were the work of my own hands. Mr Brooktield : Notice was required. The only possible loop-hole can be, whether it was apiivate raffle, and that cannot be contended for a moment.

Mr Wells : The policeman came to me, and stsitcd that some time ago he gained something very valuable at an art union, and he wished to have a chance in mine. I said it was confined to personal friends, hut lie begged me to give him a chance. I consented, hut I did not know until afterwards that he was em ployed by other people holding shops in Queen-street. -

Mr lices : The police acted simply as police. Mr Wells : I know that this morning tradesmen in Queen-street have sent round for these tickets to get a case against me. His Worship inflicted a fine of 20s, and costs 14s.

There were two other informations similar to those against Mr Lewisson, which were withdrawn on payment of costs. These amounted to £8 13s.

"Wife Desertion.—T&9 Law of

Arrest.—A Scene in Court.

Albyn Roberts, a tall, theatrical-looking man of gentlemanly exterior, and wearing a moustache, was placed in the dock,

Mr Rees appeared to defend. Inspector Broham stated that the prisoner left Wellington for Melbourne, having deserted his Avife at Timaru. In consC" quence of a telegram, detective Jeffrey went on board the Rotorua and ar rested the prisoner, who admitted that he was the person in question. He (Inspector Broham) now applied for a remand until to-morrow.

Mr Rees contended that no person could be arrested without a warrant except in cases of felony. Some time ago Constable Sanderson arrested a boy, the .warrant, being at the time in the hands of another constable. He (Mr Rees) sued Sanderson, and recovered nomi nal damages. The learned counsel quoted the recent decisions of English judges in support of his contention. He argued that the police had iio power to arrest a man on a telegraphic message. If Roberts was not legally in custody a remand could not be asked for.

His Worship : It is quite clear to me that I have no authority to remand. Mr Broham said though he expected the prisoner would be discharged, he kiicAV the practice of detaining prisoners on the authority of telegrams had obtained. His Worship : I have no authority to make any order in the matter. Mr Rees (to prisoner) : Walk out of Court.

Prisoner smiled and walked out.

Mr Broham : Is he discharged ? His Worship : I have nothing to do with it.

(Here the police rushed out and caught | the prisoner; who was brought in in the . powerful grasp of Constable Kidd.) Mr Roes : In whose custody is he ? Mr Broham • The Court's. Mr Rees : He is not. Mr Broham; He is brought here under the authority of the hi\v\ Mr Rees :" I am astonished at Mr Broham taking such a position. If the police persist in doing this I give Mr Broham notice I will bring his conduct before the Govern ment. Why, I may bo the next person arrested on some trumpery charge. Mr Broham ; A man cannot be sent out of Court before he is discharged. Mr Rees ; I should like to know what power you have to put a man in the dock without authority. Mr Broham : This is no time to argue the question; The man is in the dock-. Mr Rees : I will make you see tb'at you cannot do these things. Mr Broham : We hear tl>' ese threats continually ever since Mr Ro'js got into the House—too much of thenu Mr Rees ; It is not tV first time I have g:ven Mr Broham wai^uii Sj -uui UC xt time 111 give him one he shall remember. Mr iiroham* I have listened to these threats for the last twelve years. Mr Kees ; and felt one or two of them. Mr Broham : I have heard them for years—idle wind as they are. Mr Hees i I know that if I was arrested , that way I should show fight. Mr Tyler : So should I. His Worship ; It was quite certain that a man cannot be detained in custody, Tmt I can find no precedent to justify my onlijsig. his discharge. \&ml Mr Rees i I want to know where^tS* charge is on which the man is arrested. Mr Broham : The man is arrested for deserting his wife, and being arrested he cannot be released without an order from a justice.

Mi" Bees : The Inspector shows a most lamentable ignorance of the duties of the police, He ought to know that where ft maja is wrongfully &rr,ested 1& slwuM b$

THE EVENING STAR, TUESDAY, JANUARY 16, 1877



LO O X O U T FOR LEWISSON'S CHEAP SALE OF JEWELLERY. A LARGE ASSORTMENT OF THE LATEST FASHION SILVER BROOCHES, EAR RINGS, LOCKETS, & CROSSES, At 25 per cent. Reduction. Shop Open for One Month till 8 o'clock. T7l LLERSLIE GARDENS. MONDAY, JANUARY 29. The Proprietor announces the following List of Prizes to be competed for on the 29th inst. :— Mile Race Handicap, open to all.—lst prize, —; 2nd, —; entrance, ss. Maiden Race, 150 yards.—lst prize, —} 2nd, —; entrance, ss. 150 Yards Race.—lst prize, —; 2nd, —; en trance, ss. Gymnastic Competition.—lst prize, £5; 2nd £2;srd,£l. Sach Race. Stone and Bucket Race. Greasy Pole. Pig Hunt. Boy 3' Race. Other events will be got up on the Rround.- Entries for the Mile, Maiden, and 150 Yards Race, with name, colours, and money, will be received by the Secretary, at the- Occidental Hotel, till Saturday, 20th tag, a _ Secretary. FRANKLIN- ROAD AOAMEDY, WILL OPEN ON TUESDAY, THE 16th JANUARY, 1877. Principal '.. .. T~ .. T. 11. SMITH. With Eflicient Assistants. The Studies will comprise Reading, Writing, Arithmetic, Grammar, History (Ancient and Modern), Book-keeping by single and double entry* &c. Girls taught Sewing, Knitting; &c. PoVtions of the Bible will be ready- daily, and the School will be opened and closed with sing in a: and prayer. ' , The Sunday-school Union and Sankeys Hymns will be used. The School-room is commodious and well ventilated. Every attention will be paid to the Moral as well as'the Intellectual Training of the pupils. Terms: Rudimentary pupils, One Shilling per week) to be paid in advance ; the higher branches extra. PA PAXURA~ ANNUAL RACES. ANNIVERSARY DAY, MONDAY, . January 29, 1877. 1. HANDICAP HURDLE RACE, of 30 soys., second horse to receive 10 soys. from the stakes. Twice round the course, ovor eight flights of hurdles. Nomination, 1 soy.; ao ceytarice, 2 soya. 2 PAPAKURA HANDICAP, of .100 30VS.; 20 soys. to the second, and 10 soys. to the third horse, out of the stakes. Distance, 2 miles. Nomination, 2 soys.; acceptance, 3 soys. ; and 2 soys. at the post. Closed 4th inst. 3. PONY RACE, of 10 soys.; one mile and a distance; for ponies 11 hands 2 inches and under; top weight, lOst.; 71bs. allowed for every inch under; entrance, 1 soy. i IADIES' PURSE, of 20 soys; entrance, 2 soys. each; welter weight for age; gentle men riders; distance, li miles. 5 RAILWAY STAKES (HANDICAP) of 30 soys.; second horse to receive 5 soys. from the stakes; entrance, 2 soys.; acceptance, 2 soys.; weights to be declared immediately after the Papakura Handicap; distance, one mile and a distance. 6. HACK RACE, of 10 soys.; entrance, 1 boy. ; catch weights; distance, once round the course; winner to be sold for 20 soys. imme diately after the race; surplus (if any) to _o to the race fund. 7. CONSOLATION HANDICAP, of 15 soys.; once round the course; entrance, 1 soy.; acceptance, 1 soy. ! 1. To be run under the Auckland Racing Club Rules. 2. General entries to be made to the Secretary, at his office, Shortland-street, Auckland; or to Mr G. A. Culvert, at the Papakura Hotel, on TUESDAY,- the 23rd January, 1877, at 8 o'clock p.m. Acceptances, whore not otherwise speci fied, to be made by 1 o'clock p.m. on the course. 3. Five per cent, will be deducted from the gross of all monies paid, in accordance with the programme for expenses. 4. Qualification fee, 2 soys. each, except for Pony, Hurdle, and Hack Race, for which 1 feov. WiH qualify, . TO, PBJBOIVAIi,



J COS GRAVE & GO. | 9 Beg to announce they will bring forward A Fresh Lot of B A R G A I N S! ! ! Consisting of THEIR LATE SHIPMENT BY THIS OR ART, Purchased at Homo at Job Prices, together with the whole of their SUMMER DRAPERY & CLOTHING, REDUCED IN PRICE TO SUIT THE TIMES! Several Bales of CALICO, damaged by sea water, will be Sold under Invoioo Prioo. V TNOLEUM ! JLJ CARPETS 1 (Bx-TAMmV FURyrrtnra» T INOTiEUM!—Unsurpassed for Dural»iUty; JLJ Soft and warm to the feel.. T IN OLEUM I—Best covering over invented _£j - for .Dining 'looms, Halls, Ofli ces, and Jiilliani Rooms. T IN OLEUM!—A large variety of Patterns at JU the City Hail Arcade. T INOLfiUii !—Fitted to any size or shape J.J room by Ho Ho way & r.arlick. /MAREETS J—.Tust landed, Velvet Pile, very \_.i handsome. ?S"VRPE'Fs!—jtoautif'-l Brussels, latest de \_y si-us, for Drawing Rnom:<. . CAUPJ'TtS ! — Kidderminster, Isu'^t-, variety. Tapestry from 2/11 to-I/O. ; _ | ijiURNITURE !—lnlaid Wai nut Centre Tables, jjj ' ModernDrawin^rooni b:;;Toa "TT^UiINITURK i—SiMinsvoom ;3«itos, iieilrooiu JP Furniture for all '.•■!asses. . THURNITURE !—The bsst Show in Auckland. JO Show Room* lGGft. long. BUY your FURNITURE, DRAPERY, AND CLOTHING at ran i1o «. n ™ CITY PIALL ARCADE. HOLLOWAY & GAULICK, PRornrRTORS. ~N ° T c E DRAPERY GOODS, KEW AND CHEAP ! ! The undersigned have Purchased at Auction a LARoijG LOT of NJSW DRAPICKY GOODS, just landed ex City of Auckland, the whole or which baring been bought at much under lac usual Warehouse Rates, they can afford to oiler to their Customers at Waiy Low Pkicks. The Parcel coniprises : — Grey Calico, various qualities, from /3^-ri yard Strong White Calico at /-I yard, or 3/10 doz. 72-in. Grey Sheeting, 1/ yard, good quality 72-in. & 80-in. White Twill Sheeting 72-in., 80-in. & 90-in. Croydon Sheeting, 1/6 yard Huckaback Towels, good, /6 each, 5/9 doz. White and Unbleached Damask and Damask Table Cloths, from 2/6 . 9/1,10/1 & 11/1 Alhambra Quilts, good qualities, 3,* 11 Rough Brown Holland, from /C yard Half-dressed ditto, superior quality, very cheap at /10.' f and 1/ " , Black Lustre, and superior quality Black l,ril liantine Lustres Now Prints, good patterns, at /if, M, and /b, very cheap Harvard Shirting, good quality, 111 yard Fine Irish Linen, lot of Remnants, a bargain, Gents1 Br.'Cotton Tlalf-hose do. £( merino feet Grey and Fancy Striped Mttriaa KalMiose, and other goods too numerou.j to mention. All Purchasers of Drapery and Clothing should inspect out Stock, and prove that althougn not BULLING OFF, WC ai'C giving VUTiXi VALUE YOU MONEY. m~ One Shilling in the & returned en all pur chases of 20s. and upwards. RUSH BROOK & BRIDGMAN, Upper Queen-street, Auckland. r\ONTIN U A T I O N OF m GLEARING-OUT SALE. ~m GREAT REDUCTIONS IN ALL KINDS OF CLOTHING 1 " SPECIAL LINES for TO-MORROW :— Own Make Trousers and "Vests, 37/s—Reduced to 21/. Drab Shell Hats, 16/6—Reduced to 6/. Gents' Coloured Scarfs, 3/., ds/.—Reducod *D /10. W. RATTRAY, OUTFITTEB AND CLOTHIER, 68, Qaeen-strect. Auokland.



Charlatans are continually attempting *to practice upon the health of the unsuspecting by the sale of adulterated, fiery potions m bottles of Udolpiio Wolfe's Schiedam AiiOMAri/; Schxapps which have been emptied or their legitimate contents. The name of this celebra ted elixir is also counterfeited to aid the swindle. Buyers should inspect the labels closely.