The Akaroa Mail. TUESDAY, NOVEMBER 19.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 244, 19 November 1878, Page 2

The Akaroa Mail. TUESDAY, NOVEMBER 19.

Owing to an unusual press of telegrams and late advertisements we are compelled to hold over our leader and other interest-

ing matter.

The nomination of candidates for the Akaroa Borough Council took place on Friday last, and was a very tame affair. Up to the last moment a difficulty was experienced in getting any candidates to come forward, and finally only three nominations were received by the returning officer for the four vacancies. The three gentlemen nominated were—Mr W. 11. Henning, nominated by Messrs H. G. Watkins and G. Riches; Mr C. Alger, nominated by Messrs H. G. Watkins and W. H. Henning; and Mr W. F. Bruce, nominated by Messrs J. H. Wood and W. H. Henning. The number of candidates not being in excess of the seats to be filled, they were declared duty elected. A vacancy still remains to be filled, the nomination for which will take place on Friday, November 29.

Wβ are glad to notice a very welcome addition to the walls of the Akaroa Public Library, in the shape of a beautifully executed map of the Colony of New Zealand, showing the county system, which was, we hear, kindly presented by Mr W. Montgomery, our representative. The map in question is one of the 2000 ordered by the Government, and is compiled from official sources, in the Public Works Department, by Augustus Koch, and printed under the supervision of E. G. Ravenstein, F.R.G.S., London. This map will supply a want long felt in the reference department of the library.

The Government s.s. Stella arrived in Akaroa on Thursday laet, from Wellington' having previously visited the lighthouse site, and landed a number of workmen and some material for the work. We hear that during her stay a member of the engineering staff inspected the government jetty with a view of carrying out certain necessary repairs. The steamer left the same evening.

The usual quarterly meeting of the Literary Institute Committee was held on Tuesday evening last at the Public Library. Present —Messrs Sims, Vice-president (in the chair), Henning (Treasurer), H. Gr. Watkins, and Bruce. Minutes of the last meeting were read and confirmed ; also correspondence since received and despatched, which was approved of. The Treasurer reported that the order for books (£34' worth) from Mudie and Co., was duly sent by mail on July 17, but its receipt had not been acknowledged. Arrival of the books may probably be looked for early in the new year. With a view of expediting delivery, the Australasian and Sketcher have been ordered direct from the publishers, instead or being supplied, as hitherto, through the Dunedin agent. This course it is intended to follow in regard to all publications. The present financial state of the Institute was then considered, which the Treasurer showed to be as follows :—Liabilities, £10 4s 5d ; credit, £2; giving a debit balance of £8 4s sd. As no large receipts from members' subscriptions or other ordinary sources can be looked for before the end of the financial yeai (30th April, 1879), this date will see the present debt increased to £25, unless some special effort be made in aid of the funds. With this end in view, the following gentlemen — Messrs Aylmer, Sims, Henning, H. B. Bridge, and -H. G. Watkins, were appointed a Committee to take such steps as they might consider advisable whether by public entertainment or otherwise. The Committee, as will be seen elsewhere, invite tenders from the public for Illustrated LondonNeivs, Punch &c, when done with in the Library.

We learn that some spurious coins are in circulation, somewhat resembling a shilling. The imitation is a very poor one, but as our business men are happily unaccustomed to look out for bad money, some might be taken in by them. The coins as described to us are New Jersey copper coins, about the size of a shilling, silvered over. They have smooth edges? and bear on one side the inscription " Stater, of New Jersey, twenty-sixth part .of a shilling." It would be as well for storekeepers and publicans to be on their guard.

Daring the hearing of the case of O'Reilly v. Little in the R. M. Court oh Friday, plaintiff's solicitor, Mr Nalder, called the attention of the Bench to the fact that a subpoena issued from, this Court about a fortnight ago had only been served in Ashburton last Tuesday. This appeared to be a gross case of neglect, as* the witness was easily to be found. I The Bench directed the Clerk to write Id the Ashburton Court on the matter.

A preliminary enquiry into.the late fatal accident on board the ketch Margaret was held on Friday last before F. t. Stratton, Esq., collector of Customs, and his Worship the Mayor. The evidence, on oath, of the master of the ketch and the surviving seaman was taken, and corroborated the account already given in our columns. It appeared that in putting the helm hard down in their endeavor to save their unfortunate comrade, the survivors ran no little risk themselves. As the vessel swung round the man at the wheel came almost within arm's length of the drowning man. The ketch immediately filled, and but for the master promptly knocking away the bulwarks, she must have sunk. The evidence taken will be forwarded on to the Customs authorities in Lyttelton.

We are gratified to be able to record that it is in contemplation to invite our representative, Mr Montgomery, and the Hon. John Hall to a dinner in recognition of their services to the Peninsula. Everyone must admit, even those who may differ from him politically, that Mr Montgomery is a model representative. He is never sparing of time or trouble to further the interests of his constituents. To Mr Hall, the Peninsula owes a debt of gratitude for his unflinching advocacy of the Akaroa Railway in the face of violent oppositionIt will be but a graceful act of courtesy on the part of Peninsula residents to join heartily in the slight acknowledgment of these services proposed. We understand that the project has been warmly taken up in the County at large. It remains for Akaroa to do its part. Anyone wishing to further the object may communicate with Mr E. C. Latter, his Worship the Mayor, or Mr J. F. Roberts.

Under date Wellington, Nov. 15th, we learn that for the last two days the Court of Appeal has been occupied in hearing arguments in the case Morrin and another v. Kissling. It is an Auckland case, and is of general importance from the fact that it raises the whole question of relationship between principals and agents. It appears that about June 4,1877, plaintiffs retained and employed defendant for commission or reward to purchase for them a certain piece or parcel of land situate in the Piako district, in the Colony of New Zealand, and known as the Maungatepare block. Defendant accepted said retainer, and purchased the land as an agent for and on behalf of the plaintiffs, who have always been, and are still, willing and offer to pay defendant the purchase money of the land, and a reasonable sum as well for his commission for purchasing same. In breach of said duty, as the said agent, defendant has obtained conveyance of said land in his own name, and claims the land as his own property, and refuses to acknowledge the plaintiffs' right to the same, and contends that to entitle the plaintiffs to the relief asked for, the facts relied upon by plaintiffs must be manifested and proved by some writing signed, and as it is not alleged in the declaration that there is such a writing, it must be taken that there ia no such writing. The Court has reserved

judgment

An unfortunate accident, resulting in loss of life, occurred in the estuary at Sumner on Wednesday last. It appears that four young men started from Christchurch for a day's fishing in the estuary. They arrived safely at the Cave rock) Sunnier, and, after dining, proceeded to fish. Suddenly, a north-west breeze sprung up, and a heavy sea swamped the boati which capsized. One of the party swam ashore, a distance of about 200 yards, and two others managed to stick to the boat, hanging on with great difficulty, as she kept turning over and over in the swell. It was three-quarters of an hour before they were rescued, and during that time the fourth of the party, a young man named Lough lost his hold and was drowned. The unfortunate young znan was only in his 18th year.

The following is the substance of the judgment delivered by the Court of Enquiry into the cause of the grounding , of the steamer Taupo:—"The Court has come to the conclusion that the damage appears by the evidence to have been caused by the vessel striking upon the reef off Marau Point, marked on the chart as Tokamapohla reef, about 30 minutes past one on the morning of the-2nd November last. We are of opinion that the master is to blame for not taking sufficient precaution to ensure the vessel being at a sate distance from the land, particularly as he had altered the ordinary course to a quarter point in shore ; and that the chief officer is also to blame for allowing the vessel to get too near the land during his watch. Although we are of opinion that the second officer was to blame for neglecting to call the captain when tinding the vessel so near the land as to induce him to alter the course given by the chief officer, the eiplanation given in the evidence mitigates Jus offence. The Court, in the exercise of the power conferred upon it by section 244 of the Shipping and Seamen's Act, 1877, has decided, subject to confirmation by the Governor, to suspend the certificates

of Captain Andrew and the chief office l " for the space of six months; and to reprimand the second officer for neglecting to call the captain when he altered the ■course." Captain Croinarly of the Beautiful Star is appointed to the Taupo, and Oaptaiii Jones, late of theSatnson, gets the Star- I ,

I A new\journaVthe Evening Telegraph, /has been started in. ;Timaru. A large amount of patronage has been promised to it.