PARLIAMENTARY.

[FROM OCR SrECIAL TiErOKTER.]

Wellington, this day. A Big Laud Settlement Scjieme. Land settlement is claimed by the Govern" ment as one of the leading planks in their policy, and in view of that Mr Rees has been impressing on Ministers the clauns of his scheme. He has had' reason to. be satisfied with the result of his interview, and I believe that at the request of the Minister of Lands he has prepared and submitted a memorandum o his proposals to Ministers. It has not been considered in Cabinet, but Mr Rees believes that either the scheme or a modification of it will be accepted by the Government as part of their policy of land settlement. The Rees scheme is on the co-operative principle, bub is so framed as to admit in tending immigrants and colonists of every opinion. He contends that there is in the Home countries afc the present time a great mass of unemployed agricultural labour, and a still greater amount of unem ployed capital These are available for the proposed work of colonisa tion, which would be assisted by various organisations of great wealth ami influence, which have been called into exist ence by the pressing urgency ot relieving the congestion of population in England, but which have been unable to act owing to the absence of co-operation by the colonies and other reasons. Mr Rees also looks for assistance from the Co-operative Societies of Great Britain, from Trades and Labour Unions, Friendly Societies, and Temporance organisations. Amongst tho arguments that could be urged upon these bodies for co-operation arc the facts that a safe investment would be afforded for money at a l-easonable rate of interest, added to a portion of the profits and increased value of the property ; a tentative scheme of colon ieation U2>on a large organised and compre hensive plau, and one by which the idle lands of the colony could be utilised and bo come a source of wealth and comfort to overcrowded population, and provide in vestment lor the unused capital of the "United Kingdom. Mr- Bees urges tho Go vernment to obtain power from Parliament to deal with the five hundred thousand acres of Crown lands upon the East Coast of this island. The land referred to is mostly rough and broken bush without; roads, and not at presenti available for small individual settlement : it is for the most part good soil, and v ads aro made will be easy of acces3 ft .iv sea. Settlement in such places, ho hulde, can only be successfully accomplished in large organised parties. Various conditions are suggested for obser vance in connection with the free gift of these lands. One is that the Commission ers should be satisfied of their character and physiquo; another that Government should not be liable for any expenses on passage money; a third that each adult colonist should have at least £100 available for expenses of settlement. It is sug gested that each settler should hare an in defeasible title to 100 acres, title to bo given to the contracting association when the land shall have been fenced and cropped, or laid down in grass, and people settled upon it—not necessarily each person on each 100 acres, but generally and in gooil faith ; contracting associations to keep at least a proportion of one adult to every hundred acres employed and living upon his land. Mi , Rees also pro poses that all people in the colony now or at any future time be permitted to take shares in capital or stock of the Association, and to enter at any time to its employment or participate in its advances on the same terms as incoming colonists from the Homo country.

Nationalisation of Reserves.

This subject has cropped up in connec tion with the scheme of financial reform which is expected from the Government. The "Post" devotes a leading article to the subject lasfc evening, and says: — "The nationalisation of all reserves or endowments for public purposes is the logical sequence of the repeal c>l the compactoflßs6, and the abolition of the pro vincial form of government. No Ministry will be able to restore financial equilibrium, ordeal exhaustively with thesubjeefcof finan cial reform, which is not ready to face this question. The educational reserves, whether for primary, secondary, or univer sity education, must be colonialised and their proceeds rendered available to the sup port of the object for which they were given all overt lie colony, and not merely within cer tain limited area's. Charitable endowments and even religious endowment:-; require to be taken strict account of. New Zealand is no longer a collection of petty states or settlements, or a federation of distinct communities. It is a united colony, and it U the duty of the Government to now take cognisance and account of every aero of public estates which has been alienated without payment, bufc under the pretence of being devoted to public purposes and the Main Trunk Railway."

Gold on West Coast Beaches.

A printed report on auriferous beaches on the West Coast of the South Island has been laid on the table of the House. It states that gold in immense quantities, intimately associated with magnetite and other minerals and ordinary sea sand and shingle, has been found on the coast for some hun dred jniles. The belief is expressed that it is brought down by the western watersheds of the Oreat Central Alps. A company has been formed in Christchurch to work the old Five-Mile Beach, and the opinion is expressed in this report thab _ from a financial point of view the working of these beaches by such a machine as a dredger should commend itself to co-opera tive Sodies of miners as well as capitalists. The amount required for a machine to deal with 100 tons per day is not over ±"3,000.

Flogging Prisoner*,

The matter of ex-warder Corrigan's caee, which occasioned a deal of correspondence in tho Dunedin press a tew weeks ago, was brought under the attention of Parliament by Dr. Fitchett, who added that the existing regulation* casting the administering of floggings on prison warders should be altered. The mem ber for Dunedin Central, in putting the question, said this was a pain ful subject in more ways than one. He quite granted that floggings must be occasionally administered, und that they'must be administered in tho prisons, but he thought the warders might be re lieved of the duty, for so .degrading a task involved ■ tho utter loss-'bf their own self respect. 80 keenly" did two warders feel this that they preferred to leave tlie service rather than do .the flogging therein. Popular feeling was entirely with them. As flogging must bo continued.he sug gested as an expedient that where warders were called on to flog a prisoner, they should be allowed to provide substitutes. Warders were prepared to accept that and pay for it. Such an expeiieutwasnotwithoub precedent, for in the matter of hanging tho law required the sheriff to perform the duty, and there was no record of that officer having performed the ceremony. Flogging or hanging was much a matter of taste, and personally he would prefer to hang a-man rather than flog him. (Laughter.) Tho Minister of Justice said that warders were perfectly aware that they might be called upon to administer a Hoggin?, and there was no lack of applicants. It was only in the Supreme Courts that sentences of flogging were administered. He might, however, aay that C fche ; ' task was very much disliked by the warders, and ho promised that if it could'be got rid of in any feasible way the rnoii should bo relieved of this duty. P

The Westport IBarbopr Board. As the management of affairs of the West port Harbour Board has been of a very un satisfactory character, i\b is the intention of Government to ask thevHouse to appoint a committee to inquire into the matter. Several other select comamttees are talked of, and the hope of a shoirb session is conse quently being dissipated. l The State Forest lOepartment. Duriii" , the year a large amount of solid work has been' accomplished, although but little of it is of a showy character. The new forest, regulation?! have* been brought into force throughout the eofjony, with satis faction to that portionof the community most directly interested. The coormous and robbery carried or. for m#ny years past have been greatly reduced.and fche income for for year ended March 31st, Itfß7, was esti mated in last year's report at ,£3,500 ; but notwithstanding the depressed! condition of the timber trade, the amount actually re ceived is £3,874. If tho cost of the agricul tural section be deducted froia the total expenditure, the outlay on forestry proper for the last year exceeds the income by the sum of £850 only. The Hannaford Slight Mr Thos. Thompson has presented a peti tion from Mr T. 8., Herniated of Auckland ra the bell tower lighthouse. Mines Eeport. Some interesting information respect ing the mining industry of the colony is given in the Mines Report. The value of gold produced for the year ended March showed a decrease of £9,028. The value of gold produced for the year was £922,000 ; the number of persons employed in this industry was 11.783, and goldficlds revenue obtained £40,651. The number of persons employed in coal mining was 1,605, being an increase of 122 for the year. The total produce of coul for the year was 534,353 tons, valued at £267,176. The number of coal mines in operation in 110, being an increase fifteen for the year. Kauri gum is stated to have yielded a return oi' about four millions up till the present, time. Tlig Tactician. I Mr J. Aitkcn Connell is here en route for ! Dnnodin, and has been shown round by tho j Auckland, members. Dlplithorix. i Two of Sir WilliamMtzhorberfc'a children died at Hutt within a week from diph theria. ! Excursions for Members. A number of Auckland members have left for Lyttelton and Napier. Tho Union s.s. Company aro issuing return \ tickets for the South' to members at single* I fares.

DEVONPORT BOROUGH COUNCIL.

The ordinary meeting of the Devonport Borough Council was held on Monday even ing in the Council Chambers, His Worship the Mayor presiding. Present: Messrs Alison, Mays, J. Duder, W. H. Brown, R. H. Duder, and K. \V. Burgess. The corres" pondenco having been read, it was decided to refer a letter from the Waitemata County Council, respecting payment of balance due on cemetery reserve, tn tho Finance and Legal Committee. A letter from the Borough Engineer inreference to his account, against the Council was also referred >0 the Committee. Messrs Fool and Co. were accepted i\s bondsmen for Messrs Davis Bros , , contract for earring, etc. It was decided to take no action in reference to representation at meeting of dele gates of Councils at Wellington. The foreman of work's report, recommend ing several minor works and the forming of Vaiixhall Road from its junction with Church-sbreeb to the Domain, was read and adopted. Instructions were given to the Town Clerk to notify householders to connect with main drain. On the applica tion of Mr Roberts, instructions were given to repair the step.s in Clarence-street. The report of the Works Committee re specting fixing of "bus Brand, etc., was adopted. The report of tho Finance and Legal Committee, recommending the maintenance] of the Keading-room by the Council and the removal of gerse on-streets or private lands, was adopted. Messrs Roberts, Williams, Wynyard, Holnidon, and Eastham waited on the Council ill support of their objections to the fixed levels of Clarence and St. Aubyn-streets, and ib was resolved that the necessary notice be given of the Council's inten tion to fix tho level* of certain streets, including those referred to above. The Town Clerk was instructed, to draw Judge Macdonald's attention to the fact that the amount due by him* for formation of Rattray-Ktrcct was still unpaid, and to request payment of the came forthwith.

ONEHUNGA BOROUGH COUNCIL.

The ordinary meeting of the above Council was held in the Council Chambers on Mon day night. Present : Crs. Rowe, Tapp, Wilson, Keoban, Hills, QJoldsbury, Shel drick, and Hill. Councillor Jackson wae voted to the chair.

Cokresfondence. —Correspondence was read and dealt with as under : -From Dr. Laisktey, stating that the deed of lease of Market Reserve for which he had been ap plied to had by spme means got misplaced —Resolved that Dr. Laishley be again ap plied to, with a request to forward the deed without further delay. It being given into his possession, he must consequently be held responsible for the same. From Mr Foster, tendering for allotment No. 5 of Market Reserve, adjoining the Library— Resolved that tenders be called in the usual manner for the lease of said section. From Brooktfeld and Son, submitting legal opinion re waterworks to the effect that the lix-et poll was illegal: further, that the notjee of security pro posed for the loan, viz., the interest and sinking fund to be a first charge on the general rate of the borough, was clearly wrong for the following: reasons :—That through out the Municipal Corporations Act there was no such fund mentioned as a borough rate, and no power given to raise 311 eh a fund. Other further legal arguments were given in support of this. The voting papers used at the taking of the poll on the 18th March, 1886, were not in accord ance with sub-sec Dion 4 of section 142. Regarding the question aa to how the borough stood with respect to the contrac tor whose tender had been accepted by the Council, and who was liable thereunder, the solicitors were of opinion thab the Council had full power to enter into the contract under sections 230 and 316 of the Acb, • 1886, and that the Corporations was liable to carry out the con-1 tract or to compensate the contractor for any loss lie may sustain by breach thereof on the part of the Corporation.— Cr. Jackson proposed that no further dis cussion should take place on this very important matter in the absence of the Mnyor, who had fathered, the waterworks scheme Irom the beginning. Cr. Wilson expressed himself not altogether satisfied on the latter portion of the opinion as to the authority of the Council to accept the contract; however, he would second Cr. Jackson's motion, which was then declared oarried, Committee's Rwort. — The Reserves Committee reported that they consid ered it advisable that the Council should draw up certain regulations and confer with the officers of

the Volunteer corps with regard to the Rifle Range. Be Mr Weber's complaint to the Council, Cγ. Tapp remarked that the Rifle Range reserve ought to have the con sideration of the Council in fan-ness to the Volunteers. He considered the A' olunteers should be encouraged, and it was neces sary to make some definite regulation. -Cr. Keehan stated that it was not a question of Rifle Range reserve, but simply a que.stion of firing on the public street. He would propose that the sites or-platforms for tiring from on that street should be swept away altogether.-Cr. SheWriok endorsed Cr Keehan's remarks.-CV. Wilson considered that it would be a pity to deter the \ olun teers from firing on the present Range, but suggested that for the future they should tire at a specified time, and under the supervision of an oftieer. —J he Chairman regretted that this /"after was not considered when Mr Weber s letter was received, as it would have kept the matter out of Court.-Councillor Howe stated that Mr Weber informed him that he did not intend to take action .at all in ' the matter, but that Sergeant Greene forced it on him. After a- long discussion it was agreed to adopt tho report ot the Reserves Committee by requesting the officers com manding the Volunteer corpus to draw up regulations for firing thai, they think most advisable, and submit the same to the Council for consideration. The Committee further reported thai; with regard to Mr Uillilnnd's re quest to lease at a nominal rent a portion of the Market Reserve for a building site, they would not recommend the ap plication, as it would interfere with the regulations of the Council, inasmuch as a building valued at £200 at least should be erected thereon. -Adopted. Tho Commit tee further recommended re Allan's Spring* that, tho springs be leased by tender in two separate parts, viz., north and south of the railway lino, conditions of tender to be settled in due time, the term of lease being for seven years. Watbuwokk's Accounts, $u\ -Cr. Wil son's notice of motion, given last meeting vr. waterworks accounts, "That us the Coun cil has eel. a precedent in the matter, all ac counts hitherto passed and ordered to be held over for payment pending the waterworks account being in funds bo paid forthwith out of the ordinary funds of the borough.'" The mover spoke at some length in support of his motion, which was then put and carried on division. There was another motion by the previous mover re the bath ing place for the public. He said he now wished to rescind the old resolution, and wouldask the Councilif they intended to have any bathing place or not. The motion was put and lout on a division. Financial.—The Council's balance debit last meeting was £12 6s sd. Since paid away £18 sd; paid in, ml. Balance debit to date, £30 16s 10d, with further liabilities under contract amounting to £196 10s. The Council adjourned at 10.15 p.m. till Monday, the 31st inst.

WAIKATO NOTES.

(BY TELEGRAPH.— OWN' CORRESPONDENT.)

Hamilton, this day. Ax the local Court of Bankruptcy hold at Hamilton, before Judge Sebli Smith, Thomas Bcllumy and William Olliver re ceived their orders of ■ R- Grade, builder, came up for examination. As to W. James's application for discharge there was no appearance, and the case was adjourned mnt (tie. An entertainment in aid of the Hamilton Brass Band takes place on tlio 27th. The Borough Council has resolved tiiat the tenders for baths extension be returned, also that the limber be stacked, and that the matter be deferred till next mooting.

After a residence of nearly live years in Hamilton, MrF.il. Tempter* a* account ant at tho Bank of New Zealand, lias re cnived an intimation that he is about to bo removed. No one will bo mii-ed more from Hamilton than Mr Templer, for during lii« sojourn bore he lm» nofc only faithfully dis charged his duties nfc the bank, but, from hisobliging manner, has made many friends. As choirmaster of St. Peter's Church, lie is deserving of every praise. However, Hamil ton's loss ia Mr Tempter's gain, ,or fc ho change means promotion, which he is well deserving of. The police havo not, up to the present time, succeeded in capturing the burglars •who- broke into All- Cashel's store ab To Kuiti early on Friday morning lanfc, and stole clothing, booty, and some 15s in cash. The Government house in which Mr Hurst houßC resides wae also broken into, bub no thing of value taken. TJio strangest feat ure in the whole affair is that, although Messrs Cashell and Hurst-house were both sleeping in their dwellings,they heard no noise what ever, thus showing that the thieves went about their work very quietly. CαM nmno k, Tuesday. On Saturday afternoon the Cambridge Lawn Tennis Club gave a fancy dress tour nament. Eleven ladies and six gentlemen attended in fancy dress, and some of these were extremely picturesque. Ib is needless to say that the affair was a decided success. There was ample provision .supplied for the gueets-—who numbered nearly 200—in tho shape of sandwiches, tea, etc. During the interval the players in fancy dress were photographed by Mr Newriek. Mr John Higginson, farmer, residing at Te Rore, died on Saturday last at theripe old age of 70. Deceased was one of tho oldest setblere in the district, and was highly res pected by those who had the privilege of his acquaintance.

ANNIVERSARY SOIREE.

The thirty-sixth annual soiree in connection with the Alexandra-street Primitive Metho dist Church was held last evening, and proved a decided success. The schoolroom, where an excellent repast was provided, was taxed to its utmost capacity for the accommodation of the guest?, about 250 be ing present. Full justice was done to the good things provided, so much ?so that the tables required replenishing sev eral times. Mesdames Gilbert, Smith, Nicool, Little, Moulder, Lennard, and Misses Potter, Leech (2), Simpson, Aley and Gillespio presided over tho tables, aud ren dered good service in providing the wants of those present. After tea adjournment was made to the church, where a public meeting was held, the Rev. A. J. Smith in the chair. The church was tastefully decorated with flotyern, bannerets, etc., with a motto, "Suffer little children to come unto Me," extending from one m\o of the church to the other. Behind the pulpit a dais hart been erected, on which were seafced the- ceholars, above whom the school banner was hanging. Proceedings opened by the singing of a hymn, and prayer by the Rev. C. E. Ward. Mr H. E. Potter, tho indefatigable secre tary, then presented an encouraging account of the yoar's work. It stated that the past year had not been marked by any thing particularly striking, but their labours had not been without visible results. During, the year the scholars had formed a society for the distribution of tracts in the vicinity of the church, and on Sabbath mornings assembled at ar ranged places to pursue this worthy object. Twenty-nine certificates of merit, home of high-class, wore gained by the scholars in the Sunday School Union Industrial Exhi bition. They had distributed over 3,000 periodicals and magazines during the year among the scholars.and which they believed were productive of both pleasure and profit. The Library and Band of Hona «c.<» in »

flourishing condition, and were behjfc well patronised. There were 267 achplara on the roll against 295 last year, showing a de crease "5 28. The Treasurer's report showed the receipts to be il7B tfe 4Ad, and the expenditure iM>6> ids 8d thus leaving a debit; balance of .too m 3M. Practical addresses wore delivered by the" Roys. T. Spursreon, A. •>. Smith, C. E. Ward and Mr Cassell. During , the evening the choir, under the baton of Mr (J. Tmley, Mr W r . Car law presiding at the harmonium, sang very effectively several annivernary hymns. On the motion of Mr Thompson, seconded by Mr Watkinson, a hearty vote of thank* waa accorded to all those who had so kindly assisted in making the soiree a success. The benediction concluded the proceedings.

HARBOUR BOARD.

Tick usual fortnightly meeting of the above body was held at 2.30 yesterday afternoon. Present: Messrs Kiccol (Chairman), Lα Roche, Phillips, MoKenzie, Henderson, Nathan, Motrin, Devote, Button, Winks, Clark, and Stone. Cokeespokdexoe. —The letters received were read and dealt with as follows : -From tlio Town Clerk of Pavnell, forwarding a letter from Mr James Dihvorth, again call ing attention to the necessity for repairs to the footway fronting his property, in order to prevent people from destroying his fences and otherwise injuring his property. —Re- ferred to the Works arid Tariff Committee. From the Mangawai Road Board, asking for information as to powers of the Board to manage wharf erected some time ago at Mangawai.—Resolved to supply the infor mation required. From Mr C. E. Button, calling attention to the dangerous state of Hildritch'a wharf at the Sulphur Works, and suggesting that some of the old timber taken from the Queen - street Wharf might bo given to Mr Hildriteh to repair hia wharf. — Resolved that the request should be complied with. From the City Rowing Club, applying for permission to erect a slip on the break water.—Resolved that the application be granted. From the Devonport Ferry Com pany, applying for permission for their steamers to discharge passengers at the new ferry tec when finished* and asking , that they might be allotted the .■south western Hide of the tee. Referred to the Works and Tariff Committee. From the manager of the Auckland and North Shore Ferry Company, notifying that thoir boats would commence running next Saturday; also Hii omitting proposed time-table; also applying to be allowed to run to the south western side of the new ferry tee.--Referred to the Works and Tariff Committee. From James McCormick, offering to rent boring rods from the Board.—Resolved to grant, the request at the usual rates. The Dock.—A letter was read from the Engineer to Calliope Dock, stating that the contractor might now remove the coffer dam. The inspector's reports were also forwarded—lt was resolved to accept the offer made by Messrs Fraser and Tinne to guarantee the caisson for four years. A letter was read from Mr Pierce Lan nigan, stating that as lie was being put to loss owing to delay in allowing him to remove his cofferdam from the Cal liope Dock, he should look to the Board to compensate him for the same. A second letter was also read from Mi' Lonnigan, containing a list of his grievances with re gard to the construction of the Dock--The Totter was forwarded to the Dock Engineer to report. On the motion of Mr Devore it was resolved to ask Mr Krrington to find a qualified substitute to attend to his duties at the Dock during his absence through ill ness, the appointment to bo approved by the Works and Tariff Committee. From Mr E. Bartley, suggesting that the Dock fence should be placed at right angles with the front of the new Sailors Home.— Referred to the Works and Tariff Commit tee.

Works and Tariff Committee's Bkpobt. —The report of the Works and Tariff Com was duly read and considered. It recom mended as follows :~-/fe tho wharf goods shed : That the plan .submitted be ap proved : .shed to be 30 feet long." Plans and specifications were submitted for the consideration of the Board. Re additions and repairs to western tee: That the plans and specifications submitted be ap proved, kauri timber to be substituted for iron bark for kerbing. lh forming and kerb ing of Quay-street: That further con sideration bo deferred pending lejral opinion as to tho position of tho matter. Re site for boat-shed : That the plan sub mitted by Captain-Commandant i.eßoy for boat-shed for the A.IS. Artillery ha ap proved and the site granted. Dock Chatujks.-—The Works and Tariff Committee recommended that the dues nnd charges for the Auckland and Calliope Graving Dock l>e as follows:—Auckland Graving Dock : Entrange fee, £1 Is ; vessel of 100 tons, £4 per day ; over 100 tons, e.vory additional ton, 2d ; two or more vessels docking ut the same time, tho united tonnage of which does not exceed 100, per day £2 10s. Double charge will be mado per day of docking in all vessels of over 100 tons having re pairs of any description made under the water line. Vessels entering the dock for cleaning purposes only or for right ing the vessel's bottom will be charged single dues on day of docking. For shores cut in docking or hanging , the vessel there shall b*> according to injury done, such amount as may bo fixed by the dock master. For use of steam kiln, 10s per day; ditto pitch furnace, 10s per day. Calliope: En trance fee, £B 5s ; vessel 500 tons or under, per day, £20 ; vessel 500 for just 100 tons, J.'2O; vessel over 500 tons, for every addi tional ton per day, 6d ; two or more vessels whose united tonnage amounts to 500 tons, £12 10s. The remaining regulations are the same as those of the Auckland Dock.

Finance Committkk. —The report of the Finance Committee was also read and adopted.--It recommended : That the consideration of the N.Z.F.M. Company re claim for reclamation contract bo de ferred. Rt pilotage on mail steamers and vessels of war : That Mr Compton be in formed that as the Board has not made any arrangements with the Awhina Tug Com pany for the pilot service, the request cap not bo granted, and that no alteration will be made in the rate of payment now made for piloting mail fiteamers during the existence of the present contract for the San Francisco mail service.

Auckland Rowing Club. •• On the motion of Mr Henderson, it was resolved to grant the Auckland .Rowing Club tho space re quired for their boat-shed previously ap plied for. Jetty Ofi'Xgers.—lt was resolved to call for tenders for the offices on the jetty, the same to be returnable by the next meeting of tho Board.

Silt Vvu'vh.- —The Engineer submitted a memo, recommending that the .saddle punts should be filtered so that they could bo used for the reclamation of Freeman's Bay. His esiinmfce o!' cost was £30.— Alterations authorised as suggested. Alpha Dredgkk. —ThoEngineer reported that it would take £100 to pub the Alpha dredger in order, but they had not enough silt punts to warrant the expenditure. Mr Henderson pointed out that at present their dredging cost at the rate of £6,000 per annum. He suggested that some system should be tabulated by which the silt should always be used for reclamation purposes.—The matter was roferrod to the Works and Tariff Committee to consider and report. Formation ofQuat-street. — The En gineer submitted alternate estimates of the cost of forming Quay-street to the perma nent level. One was £620 7s 6d, and the other £790 2s 6d.— The. whole matter was referred to the Works and Tarifl' Commit

SUPREME COURT.

Civil Sessions

Hoi'so-Trainers' Differences.

Yeste , day. Tiios. Clarke v. Edward Kelly.—Claim, £117, cost of keeping certain racehorses. ~- Mr E. W. Burton appeared for the plaintiff! and Mr Theo. Cooper for the defendant.— Mr Cooper, in opening defendant's case con tended that from February to August laso ' Octopus had been grossly neglected, while plaintiff charged 30s a week for regular grooming and exercise as well as keep.--- Edward Kelly, horse-trainer and keeper o racing .stables", residing at Ellcrslic, deposed that he was the owner of Octopus, which he - sent to plaintiffs stables at the end of last year, as witness's stables were full. Its value then was £100. He was a five-year old, and he won a race after witness bought him in .March. 1886. He was to be workecUor the summer races at Otahuhu at the end oi 1886. After January lasD he went South, and returned in April. During , that month he saw Fergus riding Octopus on the course, but he was clothed. With that exception he did nob set- the horse from February till the 18th of August, on which day, in com pany with Messrs Chadwiek and Chaaie, he saw him in Clarke's paddock. Ho was in a frightful condition- merely skin and bone ; his' , coat standing on end; his hoofs were growing over His shoes, and he was walking on his heels. The horse appeared to have been starved, not cared for at all. Anyone to look afc him would hardly have oiven £5 for him. It would bo 12 months before he could be got into condition as a racehorse. 30s a week Mas a customary charge for a racehorse not in work, and for that he himself kept men to clothe, groom, and feed them, besides washing their legs and feet. They got feed three times a day,, and hay three times a day, and boiled barley three times a week. He did not suppose he could get £10 lor Octopus at the present time. ,1 lo was cer tainly not in a condition to be worked Witness paid plaintiff £3 at the Harp of Erin on tho night he arrived from Sydney. For this payment he had not received credit.- By Mr Burton : He gave £30 for Octopus. Tho race lie won was a selling race, and witness bought him in for £30. It was after he was served with plaintiffs summons that he saw Octopus, on Aug. 10. •By Mr Cooper: After buying Octopus at New. Plymouth ho refused an offer of £60 for him. At the Thames, and again at Taka puna, Octopus just got beaten by a head. —By His Honor : There was no agreement made 83 to how plaintiff' was to keep the horse or how much was to be charged.—John Chaafe, horse-trainer, of Ellersliu, deposed that ho saw Octopus on the 18th of August, and found him in such a poor condition that he could hardly walk. : Hβ looked as if he had been starved;! his coat did not look so bad, but \ his feet were in a terrible condition. After Kelly brought tho hor.se from Taranaki, he thought him honestly worth from £100 to £125, but when ho saw him on August 18 ho was not worth 30.5. Ho did not believe ho could have walked to the saleyards. Not much grooming was required when the horso was out of work. He objected to state his method of training a horse. That would be "agon his livelihood." (Laughter.) Alex. Sutherland, Mr Redgate, Inspector for the Society for tho Prevention of Cruelty to Animals, Edward Page, veterinary sur geon, E. D. Halatead, veterinary surgeon, and Joseph Chadwick, horse trainer, also gave evidence as to the condition of the horse.—Counsel then addressed the Court, and His Honor said it was admitted on both sides that the work had been dWe up to the 15th of January, for which £2 lOeii week was charged, but the claim was up'to the 18th of February. That would give twelve weeks, in addition to the five weeks admitted by the defendant and paid into Court. Up to that time there was no complaint, nor was there up to April, when the owner saw the horse—at some distance, it was true, but still sufficiently near to notice whether he was in the wretched condition al leged. Up to that time, therefore, tho plaintiff was entitled to recover at the rate of 30s a week from the 15th of January to, say, the 15th of April, for no date had been lixed. As to the remainder of the time, from April to August, he had no doubt, although there was no express con tract, there was an implied contract, not that the plaintiff should keep the horse in the host mode, but that he should keep him in a reasonable manner as a racehorse. Clarke alleged that he treated the horse according to liis judgment, and Fergus's evidence showed that the horse had not experienced any serious neglect. The neglect of the house's hoots, however, showed carelessness. But, on tho other hand, tno evidence for the defence did not go to show directly that the horse had not received fair treatment, or impugn the manage ment. All that was shown was that the horse was not in good condition when he was taken over by the defendant. The 'evidence was strong that, the horse was poor, and in low condition. As to the grooming, he did not. think the evidence for the defence made out that the horse should be groomed every day, and as they ail knew it was not usual, but then the horse had to be kept in good order. He could not, however, help remembering that the owner only discovered the low con dition of the horse when he was served with a writ of summons. The evi dence, however, showed that the horse was not in first-rate condition, but as to whether this was the result of the plaintiff's negligence the. evidence was not very clear. His own feeling, sitting as a jury, was that the horse had not been treated as he ought, but he doubted if it was in the terrible con dition described by some of the witnesses. None of the witnesses went beyond saying that the horse was in low condition, and under these circumstances he should hold that the counterclaim , must fail, as no per manent injury to the horse had been shown. He found, however, that the plaintiff should not be paid at the high rate of 30s a week between the time of April and August, as that was a charge for a much higher class of treatment than the horse received; but ..the; difficulty was to say what was ft reftsUjiiable charge, as there was no evidence; to show what would be a reasonable charge. The plain tiff ought to receive , something, but not 30s a week, for'his 17 weejta, the remainder of the time, and he would have to deal with it by rule of thumb and allow half the usual charges, namely, 15s, instead of 30s a week. Then, as to the payment of the £8 to the plaintiff, Ire was inclined to think that de fendant's positive memory on the subject should bo taken- against tho plaintiff's negative memory, and he should allow that amount. The judgment would therefore be for thje plaintiff for £58 15s, and the amount paid into Court, and costs on the lower scale.

THE AUCKLAND EVENING STAR, 19. Jggl

2



Public Notices. TO THE ELECTORS OF AUCKLAND. — The topic ol the past few weeks lias been the Elections; the topic of to-day 13 where to get I lie Cheapest J.'rapery find Clothing , , why, at C. Hopicins's London House, corner of Victoria nd Nelson streets. Ucigc Dress Mate* rials, light and dark gray, 4s lid for 12yds; Satins, in all colours, Is, Is 3d, Is 6d (worth double); Muslin Curtains, 3> ds long, 2s lid per puir; Lace do.. Is lid per pair; .Matting, IV,yds wido, IOJd islijrhtly; damaged): Youths' Black Worsted Sao Coat and Vest, 7s 6d; Ladips' Linen Collars, in white and coloured, Is 4Jd kioz. ; good value in Uomtspuns in grey, 8s 6d for 12yds. TO Wholesale Buyers, Boardinghouse keepers, &c.-251bs Good Candles, 8s 9d ■lOlbs Best Crystal Suprar, 9a 9d: 1 civt Box Soap, 9s 6d; 111b Box Toa, loa; ISack Best Potatoes. 5s 6d; 1 Dozen Good Jams, os; 2001b Sack Good Flour, 20s; a Goo;l Sugar, 2d per lb, at EAItLE AND MONTGOMERY'S STORE, Ivu'anyahape lioad.



Easiness Notices. A'V XAMES DIIOWNE'S, ■ KARANGAHAPE ROAD. i ' &3T A xv Reasonable Offek Accepted. *K| ' Everything must be cleared, as lam leaving for Australia. FURNITURE, CROCKERY, CHINA GLASSWARE, FANCY WARE REGISTERED GRATES, MANTELPIECES. I have instructed Mr T M. Jacksox to sell the | bulk of Stock by public auction on October 24. JAMES BROWNE, Karangahape Road. i ■■ — "■ ' _ l The American COM BBOOM CO. EXMOUTH STIIEET. E~D WI N " J O N"B~S (Lnte E. nnfl A. Jones). House, Fobnishing, and Guxerak IRONMONGER, Poneonby Road and Fonipallierferra^a Auckland, N.Z. Ammtfor' he Phoenix Firo Office. Advertisement Agent for Auckland , vixin-g Post Office Savlnsca Banli, Money Order Oflice. Telegraph Station, telephone Buaeau._ IV ICH'MOHD HOUSE It P )NSONJtSY ROAD, AUCKLAND. W COCHRAN, Senb r p~A YE X HANG XNG 3. W. PHILLEVPS & SON HAVE RECEIVED. iSX LATK ARRIVALS ISS—PACKAGES—IB3 CONTAINING 55,000 ROLLS OF PAMSRHANGINGS, CONSISTING Off NEW Jb-ATTERNS For Dra-wlnsr, Dininz Bed-Rooms, Hallaal Staircase.suttaoJd *i*.i.'i Mansion or BEAUTIFUL WWrGNS. AND BEST VALUji 1C vutt ' • » FERED IS At WINGS. 910 —PACKAGES—9I6 SCRI M S AND HESSIANS PLATE ANDSHISET GLASS, WHITJS LEAD, OILS. TURFd. VARN.ISHE^ AND ALL TRADE SUND"«IE& W. I , HIL LI t PS & SON, 95 AND 97. QUEEX-STKEET. \ USE \ f|LOSE BROS.' tP|P\ blends of /"ATE AS j PER LB. \§m Pronounced the best value\ in Auckland. \ I ONE SHIt»iJNG PACKET of SALSALINE will preserve TWENTY SHILLINGS' worth of food. To be obtained of all Chemists and Grocers, in Is and 2s packets. '. P. 0.8.284] [HIGH-STKEET & CU3XOMS-ST. W. A R T H U R TUT A S V,. MANUFACTURERS' AGENT AND WHOLESALE GLAS3 MERCHANT. I ORDEKS INDENTED. GOODS IMPORTED DIRECT, QUALITY GUARANTEED. Window Glass Pluto Glass Wire Nails Portland Cement Chinawaro . . Havanna Gigaps, etc. FOR SALE, 1.000 CASES WINDOW GLABS (assorted aizo. IMPORTANT NOTICE TO SHIP OWNERS, ETC. In retiring from the Ship Chandlery business, I beg to tender my sincere thanks to my many friends for their generous support, during the last fourteen years, and will consider it a per sonal favour if my late patrons will kindly transfer their patronage to ray successors in the business, Messrs Ross and Co., whom I can confidently recommend. D. H. McKENZIK. Auckland, September 25,1887. WITH reference to the above announce ment, we have much pleasure in inti mating to tho friends of the late tlrm. and the public generally, that wo will carry on the business of Ship Chandlers, Sail Makers, etc., in our temporary premises at No. 17, Lower Queen-street, and hope by strict, attention to business, combined with moderate charges, to merit a continuance of the patronage of the late llrm ' ROSS & CO. mi-IE SAIL LOFT will be under the JL management of Mr Charles Reynolds, who had charge o£ this branoh of Captain Mcivonzie 3 business for the last fourteen years* l ft e services of Mr. W. A. Harvey, fo* many years head storeman for Messrs J. and i> Oxley and Captain D. H. MoKenzio, have boen retained for the new firm. Goods will arrive by next steamer from Sydney, and by direct steamors from Homo. ROSS & CO. (Successors to Captain D. H. McKonzle), SHIP CHANDLERS, SAILMAKERS, Etc. Temporary Premisos: No. 17, Lower Qceen-stkeet, Auckland Opening day. Monday, September 26. lOOK out, for the Great Fair now on at S. J Coombcs and Co.'s Sale of the Stock of tlie JU.I.C, Canada Buildinga, Queen-street.



H H^^toLetorTortA^^'^ ■* ■" ,oMw »e-.;, ft - Knifes. Loans upon J)L2tftil ?**» I ]Vf OXEY:TO Money to LiNSirriss JACICSON & J RusSEli ' WILLIAM COLEMAN, BoTffir, QUEENSLAND MORTGAGE, XOAJ AKD DISCOUNT BANKING (off AVCKUJSD. Head Office: Brisbase. Airencies: Auckland, Sydnoy, and Meiboutw IMONKV adyaneed' from /M and upmiito any amount" required, to suit {lie borrwi, upon Personal, Freehold, Leasehold, or anj . Tangible Security, repayable itj,any '%v may be arranged, either Weekly, MdtiOiifj« Quarterly Instalments, at lowest current rsfe Advances made' on Furniture "witidut i» moval; also on all kinds'of Merchaiia, inoludhiß Bond Warrants/etc. Bills Disoouiited at current rate?. Interview sand communications will be itH strictly confldenUal. Office Hours: From 10 till 5 o'clock, ( i EIHUB ' YlO HP . \ LAND AND JiQSffiTARY AGENT, , „„„ 24,.SMORT14SP-SIIIKET (Three Dpprs past Star Office).,' 1 em prepared to v9j«elMtdi« the country for intending purchasers ftjol Alltend sold byrnein M< land I ?harge 2iper cent commission. lam prepared to negotiate. Mortgages instM ■ ,:ftom|2S to £15,000. Advances made on Coloaial aud£nglia Lj '< ' Policies, , ; Having AKents in a'l parts of ,Englaua,,, I, can. w»*e A4vsp«» w? ' : , Wiu^'in'eunisftain'i^tofiia.wsij TKTEVFZEALANI) SS : AND DISCOUNT JAP^. HiGH-STKEET • ' B-lRsT 'Am s^qilkpMditfiSAOE ANY AVAILABLE SECURITY, . Bills Pisqounted at Current Rata This Bank will recdvTDeposlts ing rates of interest:- ■; e^j&t n •> ■ " 6monthß iv •• : : ;r, bfaM. Repayments p et Weelt. _ i^^S^< 4 years.. ■» .xS-g- 130 0 0 5 years.. •• 9 l^? 7 years.. •• 574 1W 1 10'Teara- - v ■■ ~~~~~~;« The Board hw V9™sgsA W» Society. o TjirE«Tßl»T snd Office: . tiesrf in • 2Sb *ft« i Ropaymentscxtdna-perWeefct j^P«»^ ~~~~~ JE2. o\o■■ :Vi:Ja}-«'J lyear .» .•• j 010 ■■jjjisj 2 years.. - O lf.? ill f f 3 year?...... \' OU-β ■ Wkl 4 years■..• M ? >]1?f ? 6 years .. •■ 07 1 toK^ 8 years .. •• QjJ^ggf