The Akaroa Mail. FRIDAY, DECEMBER 20.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 253, 20 December 1878, Page 2

The Akaroa Mail. FRIDAY, DECEMBER 20.

A case of considerable importance to Road Boards and other local bodies has lately been decided by the Supreme Court. The case was an appeal by the Heathcote Road Board against a decision of a Resident Magistrate's Court. Plaintiff had recovered damages against the Road Board in consequence of having sustained an injury through a certain bridge which lay within the road district being suffered to remain out of repair. Against -this decision the Road Board appealed. The case was exhaustively argued, and their Honors Judge Johnston and Williams gave judgment. The facts as laid before the Supreme Court were to the effect that there was negligence on the part of the persons (if any) whose duty it was to keep the bridge in a state fit for traffic, and that plaintiff was not guilty of any contributory negligence. It will thus be seen that the case against the Board was as strong a one as it could be. Nevertheless the judgment of the Court was in favor of the Board, and the judgment of the Court below was reversed. Mr Justice Johnston gave a most elaborate decision, which is worthy the attention of all local bodies. Mr Justice Williams concurred and lays down his view of the law on the qtiestion with great distinction and brevity. His Honor says : —"Section 81 (Public Works Act 187G) places bridges under the control of the Board, and empowers the Board to construct or repair them, but it does not impose an obligation to construct or repair or keep in complete repair all roads or bridges within the District. The funds of a Board arise from rates; and it might easily happen that the Boards had not funds sufficient to perfect the works prescribed. For the same reason I do not think because a Board has taken over, aa it is called, a road and has constructed or repaired it, that the statute imposes an obligation on the Board from thenceforth for ever to maintain the road in complete order. Ia short I hold that the mere neglect to repair would not render the Board liable. If, however, it can bo shown that the Board or their servants in constructing or in executing any particular repair, have been guilty of negligence, and that injury has accrued, then I think they would be liable. Here the Board were guilty of an omission to repair only, from which I think no liability accrues."

A meeting of the Akaroa Regatta Committee was held at Beecher's Hotel, on the evening of tha 18th inst. Present—Messrs H. Watkins (Chairman), Gutberlet, Black, Kissell, Beecher, Alger, Bushell, G. Wright, and Stewart, H. B. Bridge Sec. and Treas. The Sec. and Treas. made a statement of accounts, shewing the amount outstanding to credit £114 ls 4d. On the motion of Mr Bushell, seconded by Mr Gutberlet, the Treasurer was empowered to pay prize money and outstanding accounts. Mr Black proposed, and Mr Bushell seconded, that tlie sum of £2 be forwarded to the Captain of the XXX for his crew, the craft having acted as flag-ship. Proposed by Mr Bridge, seconded by Mr Beecher, that the Regatta Committee vote a sum not exceeding £10 in aid of the funds for the New Year's Day sports, on condition of their collecting not lesß than an equal amount for that purpose—Carried. .Mr Bridge proposed, and Mr 'G. Wright seconded, that votes of thanks be passed and letters to that effect be forwarded to the Borough Council for use of sites, and Mr Henning for use of Committee room. Mr Black proposed, and Mr Gutberlet seconded a vote of thanks to Mr Fenton for his services as starter. A cup was presented to Mr H. Watkins, junr., as the second in the dingy sailing lace. A pair of field glasses were handed to Master E. Watkins as Becond prize in the Model Yacht race. A vote of thanks to the Chairman terminated the proceedings. The following members of tha A.C.C. will form the eleven chosen to play in the return cricket match against Little River at Robinson's Bay, on the 26th inst:—Messrs C. W. Bridge, H. Bridge, Masefield, Wood, Welshman, Hughes, Barry, Ramsay, Tosswill, Davenport, and Barker (Captain). Players are requested to be in time for an early start in the launch.

By advertisement elsewhere it will be seen that a sum of £915 5s 7d is to be divided among the libraries in the District of North Canterbury. The allocation is left to the _ducation Board, and is to be proportionate to the amount of voluntary subscriptions received during the current year. Applications must be sen/ in by Monday, the 20th January next, accompanied in each case by a statement of the amount of subscriptions for the year ending December 21, 1878.

By advertisement which appears elsewhere, it will be seen that acceptances for the handicaps, and the entrances for the Maiden Plate and Sapling Stakes for the Head of the Bay races close to-morrow evening. *_¥ We understand that W. Montgomery* Esq., M.H.R., has kindly consented to present the prizes to the children attending the schools at tlie Head of the Bay and Robinson's Bay. The presentation will take place to-day.

At the last regular meeting of the Lodge Akaroa, No. 1666, E.C., held in their Lodge, Jollie street, Bro. P.M. M'Gregor, of St. John's, No. 65, S.C., occupied the chair for the first time as Master of the Lodge, Bros. Ralfe and Ramsay occupied the chairs of the S.W. and J.W., respectively. Bro. P.M. Seymour of the St. Augustine Lodge, Christchurch, assisted the W,M., and performed tho Masonic rites appropriate to the occasion. Bro. H. II; Fenton has been re-elected Treasurer, and Bro. J. M. Wood has heen elected Secretary of the-Lodge,,w|iieh we are glad to learn is in a ; flourishing condition. Tbe festival of St. John the Evangilest (27th instant) will not, we understand, be celebrated by the Lodge this year, owing to the Lodge being in mourning on account of the death of Bros. Scarbrough and Hemmingway.

We hear with regret that it is, not unusual for the Post Office Official here to find quantities of sand and gravel in the receiving letter box at Mr Garwood's, and oh clearing this box the other morning a considerable amount of flour was found mixed up with the papers and letters. The tampering with a letter box is declared by law to be a felony, and punishable by penal servitude, and we Avould advise the practical jokers to beware. Leaving the criminal view of the matter out of the question entirely, it behoves every citizen to protect in every way possible the postal arrangements of a country, which all civilized nations have now come to look upon as sacred.

The long-talked-of Gift Auction to pay off the debt on the Parsonage came off on Tuesday evening. The articles sold were of a superior description, and went at low prices, so that every purchaser got full value for his money. Those who did not attend lost a rare chance of getting really good and cheap articles. About twenty pounds will be cleared by this movement. Thanks are due to Messrs Bridge, Henning, and Robertshaw for their able conduct of the sale, and also to Mesdames Iligginson and Funnel for supplying and managing a capital refreshment stall. Many of the goods sold 'remained from a Bazaar which was held some two years ago, the rest being contributed by various friends, the largest part by Mr Garwood. One lady having no articles to give kindly contributed one pound in money. Much, however, remains to be done towards paying old debts, and it is hoped that since a good start has been made the members of the Church will at once make increased efforts to accomplish so desirable an object.

In another column appears a letter com- ! meriting on the classification and awards at the late Industrial Exhibition. Of course such comments aro perfectly legitimate, provided the bounds of fair criticism are not overstepped, but our correspondent and other critics should remember that the duties of judges at such an exhibition are very difficult. In judging animals or produce, there are certain well-defined rules, and awards may be made almost with mathematical accuracy, but it is not so with works of art.' We agree with our correspondent that these difficulties were greatly increased by defective classification, but again this was hardly to be avoided without multiplying the classes to too great an extent. In one instance we understand that pencil drawings, crayons, water colors, and pen and ink sketches were all lumped together, making it exceedingly difficult to apportion the amount of merit due to each. With regard to carving, we consider it comparatively easy to appraise their excellence, in whatever material they may be executed. En passant, we may remark that we cannot quite see why our correspondent should adopt the royal or editorial " We."

An Invercargill telegram says :—" The appeal against the election of Mr Thomson, County Councillor for Winton Riding, was heard to-day before Mr M'Donald, R.M. The chief objections were that the date of the election was not notified in the manner required by section 10 of the Regulations of Local Election Act, 1876, as the day of polling, instead of election had been notified, and the place appointed for the nomination of candidates, being within a Municipal Borough, was not within a Riding. The case was argued exhaustively, and the Magistrate sustained the objection. The elections of Mr M'Millan, for Gore, and Mr Smith, for Awaroa, having been also petitioned against on similar grounds, were also declared void." We are not told which of the objections was sustained, or if they all were. If the last one was held to be valid, it should act as a caution ie future to Returning Officers in the County of Akaroa. The place of nomination for candidates for Berard Riding was in the Borough of Akaroa. The words bearing on the point in the Act are " . . shall appoint a place within the district.'" Now as Akaroa is surrounded on three sides by the Riding it may be said, geographically, at any rate, to be within tho district, but legally we suppose it is not.

Our newly elected Mayor, Mr C. J. Waeckerle, has been gazetted a Justice of the Peace. He was sworn in yesterday morning, and took his seat upon the Bench. We understand that through the exertions of our Resident Magistrate, Mr Aylmer, ten brace of Californian quail have been secured, and are expected to arrive by the Wanaka on her next trip. It has not yet been decided where the birds will be liberated.

The model yacht race, for which there was no time on regatta day, came off on Tuesday last. Eight craft started. J. Hughes took first honors with the Foam, and E. 'Watkins' Secret secured, second place 1 , a iheetmg of tb#Regatta Com"*' mittee, tlie; questionof nfode*' yacht races ( elici-ed ean„derable discussion, and' it was tof impress jupon nexj yep??of ottering prize fdr a race-tf this description. There is no doubt that the incentive thus offered will induce the youngsters of the place to prepare some trim little crafts for com- *•. '1 T'T *' jT r ? ***' '•' - r I ( A petition year*-"- y * ..> > * ;

Mr Waeokerle's election to the mayoralty causes a vacancy in the Borough Council. "JChe ppmipption of a candidate to vacant seat takes place on the 30th inst. 'i

Late on Wednesday evening last it was discovered that about a chain of the wooden breastwork along the road in Robinson's Bay, below'Mr 4 T.S . Johnston's, was.on. fire. Mr Barwick, the Clerk to the Board on hearing of the occurence at once proceeded to the spot and with the assistance of Mr| Johnston's two sons was able to extinguish the fire before much damage was done. Had it not been forjthe prompt action of Mr Barwick a serious stoppage of the roadway was inevitable.

The Akaroa and Wainui Road Board have agreed to accept the offer of the Government, viz., £35, for the stable on reserve No. 83, the offers from tbe outside public not reaching that sum owing probably to the difficulty of removal. We understand that there can be nothing further in the way to prevent the contractor from commencing oporations at once and we hope ere long to have to record the completion of a building suitable for the adminstration of justice and which may also prove to be an ornament to the town.

Through tlie liberality of Mr Montgomery, supplemented by donations from the Committee, the children of the German Bay School received their prizes on Friday last, those for lessons being awarded from the Inspector's report, as follows : —Class I—Gertrude Dawber, 1 ; Florence Dawber, 2 ; Helen Hammond, 3. Class ll—Elizabeth Odell, 1; Clara Dawber, 2 ; John Hammond. 3 ; Fredk. Harrington, 4 ; Henry Harrington, 5; George Harrington, 6. Every other child in the school received a book as a Christmas gift. For sewing, tbe following prizes were awarded :—Class I—Hemming, seaming, gathering, and sewing on gathers, 2 prizes, Jessie Jolly, 1 ; Gertrude Dawber, 2. Special prize, by Mrs Prince, for clean work—Helen Hammond. Class ll—Hemming and seaming, 1 prize, Minnie Green. Special prize, by Mrs Dawber, for clean work—Sarah Hartley. Class lll—Hemming only, 1 prize, Margaret Dawber. Special prize, by .Mrs Harrington, for clean work—Margaret Jolly.

The half-yearly meeting of the Lyttelton District Lodge of 1.0.0.F.,M.U., was held in the ante-room of the new Oddfellows Hall, Akaroa, on Thursday, 19th inst. G.M. Hurpley Exley occupied the chair Win. Leggott, D.G.M.; and D. Clark! P.C.S. The delegates present were—City of Norwich Lodge, P.G. Arnold and P.G. loomer; Good Intent Lodge, P.P.G.M. Paget and V.G. Garandie ; Arowhenua Lodge, P.G. Harris ; Hand of Friendship Lodge, P.G. Moore ; Heart of Friendship Lodge, P.G. Whitfield; Hand in Heart Lodge, P.G. Priest; Dawn of Hope Lodge < Bro Gresson ; Hand in Hand Lodge. V.G. Ashton ; Warden, Bro Libean. A large amount of business of importance to the order was transacted, but the late hour at which the meeting terminated precludes a full report of it. The nomination of officers for the next half-3*ear afterwards took place, when D.G.M. Leggott was nominated as G.M., P.G. Whitfield as D.G.M., and C.S. Clark for re-election.

Mr C. W. Bridge will offer by auction the privileges in connection with the two days' races and sports to conic off at the Head of the Bay, to-morrow, at three o'clock, on the ground.