The Akaroa Mail. FRIDAY, MAY 7.

Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 392, 7 May 1880, Page 2

The Akaroa Mail. FRIDAY, MAY 7.

" Wisddom is the principal thing, therefore gel wisdom and with all thy getting, get understanding." Surely, one would think this advice of King {Solomon had been the one great aim and study of the magnates of the Boroagh of Akaroa. Any strangers dropping in amongt us would fancy all the wisdom of the wise men of the East must have lighted upon our public men. We have been compelled Jately to refer in terms the reverse of complimentary to the proceedings of our Borough Council till both ourselves and our readers must dh weary of Hie subject. We now feel ourselves called upon to criticise the manner in which business is conducted in the Resident Magistrate's Court.

Should any of our readers run away with the idea that tin's sort of duty is a pleasure to us, that we are actuated by some personal or unworthy motive, they are entirely and utterly mistaken. We H would much rather look on quietly P and take things as we find them, but such a conrso, wo consider, would imply . a shirking of our duty—a charge of - ,j which we have always endeavored to •' steer clear. \ Only a few days ago. out of four civil ■ cases, which we should consider per fectlyi simple and uncomplicated, the ; Bench deemed it necessary to reserve ',; judgment on no less than three of them. We will allow two out of three cases to, f remain uncommented on. but we cannot \ r-.-fruin from referring briefly to the third. ■# The case was this—A. asks for a judgf ment summons against B. for wages .■which had been due to him for over nine enonthe. B. admits the claim, but says ' he is either a bankrupt or has made a deed of assignment, or undergone some Biicli nrocess of legal whitewashing, and t'.at therefore it will be incumbent upon ' A. to receive his dues in the same proportion and at the same time as B.s other creditors. All very well, provided only that B. had adduced any evidence to substantiate his statement as to this protection, but, as is twice or even oftener j..luted out by A.'s solicitor, not one g.,rap of evidence of the fact is before the Bench, and even if placed before them then, it would be too Into, as, act.:,,-)'-'.*? to the foot-note to be seen on all Ku;r:*)>'V'-e3, it is distinctly stated that " X-. (if s-et off, infancy, coverture, ;<tat ill* , of limitations, or discharge under Jtrr At renting''to bankruptcy or insnh ;!!<-•■.. w! : ! !>f. Hlowed, unless notice there--! - > '.\numr, shall have been left with tho Oi p i!'. of the (Jourfc, and a copy Kci'vcu 'i ,, ".i ti«c plunitiu" or left, at his r:\.ir .i '■c.di' f Hi-niv-iwur hiiuv.s at least before 4, -o d y u t ;:<ir.'...t! lor the | C.mse : n " :i '<•' •' st'i-"!!' be cUiiiued, ;«■ full , of lite |,i:ri.iculnra of such

claim must be annexed to Huch notice and to the copy thereof." Tins proviso had not been complied with, consequently that nothing could prevent thntßench from making an order is pretty clear. Notwithstanding this, the Bench consider, it neceseary to reserve judgment lor seven duys, in which to allow themselves, we suppose, time to ponder over so momentous a question, and when that time has arrived, rule that no order can be made. We suppose, after this, any or every body who may find himself infront of the Bench, brought there by an unrelenting creditor, has only to inform the Bench in the most plausible manner possible, like unto the example of 8., that he has been most unfortunate in his endeavors, that a more honest man i could not be found, that he had lost more money in his endeavors to benefit mankind at large than any other man in the Colony, and that consequently he had become a bankrupt, made a deed of assignment, or some such thing, for the Bench to refuse to make any order against him. What a nice system, to be sure, of administering justice. We will now pass on to even a still more glaring case which occurred on the same day on whicht he judgment above alluded to was delivered. One of our local Bonifaces sues two men belonging to the working class for, we cannot say grog accounts, but accounts in which items for grog supplied, several nips, nobblers, &c, figure most largely. Instead of our worthy Magistrate doing, as we contend was his duty, and as any other Magistrate in any other part of the Colony would have done, inspecting the accounts, and obliterating or striking out every item charged for drinks, and reducing the bill to its proper size before hearing the case at all, he allows the plaintiff to be sworn and hears his evidence, then hears the defendant's, and appears perfectly astounded when the " Tippling Act" is mentioned. He even goes further, aye, much further, than that, for he positively censures the man for taking advantage of an Act of Parliament which it is his duty in every sense of the word as a Magistrate to uphold. This is done in the second case as well as the first, and our Magistrate expresses it as his opinion that the men are taking a mean advantage, and allows the plaintiff in the case to hurl such epithets as " mean skunk," and " like to see either of them come into my house again " (a licensed house be it borne in mind), without administering any reproof whatsoever, but quickly sits upon the unfortunate defendant when he commenced to retaliate. Had the latter provoked into committing an assault, his conduct would have been no more reprehensible than that which was tolerated in the plaintiff. Surely, it will be admitted that some improvement in the administration of the judicial powers entrusted to our R.M. is urgently required. We would by no means deny, nay, we ourselves would be the very first to affirm, that a more kindly-hearted charitable gentleman than our present Magistrate is not to be met with ; that for anyone wanting good, sound advice outside the Court-house, no one better than he could be found to apply to, and we opine that few who follow his advice will regret it. But it is this very milk of human kindness, this charitableness in him which leads him into error in his official capacity. A magistrate while on the Bench must throw off all and every private feeling, must hear and decide by evidence received in the Court alone, and must, as it were, transform himself into a perfectly different man as soon as he takes his seat on the Bench compared to what he is outside. In all justice, we may say that, in our opinion, suclrmen are not to be met with every day, and we verily believe were such a one to come amongst us at this present time and assume the reins of power, he would be so sat upon by those accustomed to a different regime, as to soon be compelled to apply for leave of absence, and depart never more to be seen. Having murmured at King Log, they would probably find still more to complain of in the conduct of King Stork.

Our hitherto weekly supplement does not appear with this issue. The proprietors are about instituting an alteration in this department of the paper, which will be fully explained in a future issue. The Registrar of Electors notifies by advertisement that the Electoral Roll for the District of Akaroa is open for inspection at his office, Courthouse, Akaroa, on Mondays and Thursdays, from ten to two. We would remind intending competitors for the forthcoming scholarship examination that lists of candidates close on the 10th inst. The examinations themselves will be held on the first of June for classes a, b, and c, and on the eighth for class d. Full particulars appear in our issue of May 4th. Elsewhere will bo found an advertisement notifying the advent of the justly celebrated Lynch Family of Bcllringcrs, who will give a.performance at tho Oddfellows' Hall, Akarosi, on Monday next, and not on Saturday, as announced by the pouters. Thi.i troupe Imve earned golden opinions wherever they have appeared, and besides the talented Bel I ringers proper has been added to in the persons of Mr C. Lyndhurst, ventriloquist and comedian ; Mr Suntley, baritone and comique ; and Mr J. 111. Warde, pianist. Those of our readers who have, already witnessed this riitettaiiiiui'iit will nu doubt take this opportunity of renewing their acquaintance will) the artists, and to those who have not as yet hoard them we can safely promise a treat.

The annual meeting of the subscribers to the Akaroa Library which lapsed on Monday last through non-attendance will be held on Monday next at half past seven. It is to be hoped that a good attendance will show that there are some who take an interest in the welfare of this excellent nstitution. We observe that subscriptions for the forthcoming year are now due. We regret to learn that a somewhat serious accident happened at Little Akaloa last week to Mr J. W. Bennett, an old Bottler there, and resulting in the fracturing of his arms. Dr Guthrie was quickly in attendance, and rendered all the medical assistance in his power, but it is feared that Mr Bennett will not be able to resume his udual occupation for some time to come. As will be seen by a notice in our advertising columns, Miss Hooman reopena her school for the 2nd term on Monday next, the 10th inst. Miss Hooman intimates that she will be prepared to receive pupils for music, singing, drawing, and dancing.

A decided change has taken place in the weather since our last issue. On Tuesday the barometer began to fall, and fell rapidly during Wednesday. During the afternoon of that day a stiff southerly wind sprang up, accompanied by heavy rain, which continued to increase in violence up to midnight. Wβ have not heard of any serious damage being effected by the severe weather, except that, during the night between Wednesday and Thursday* that triumph of architectural skill —that " thing of beauty," which should have been a " joy for ever"—that production of the combined genius of a Board of Education and its architect—the Akaroa school fence —was, alas, levelled with the ground. As its re-erection will involve an expenditure of money which is urgently required for other purposes, we presume this destruction is to be regretted, but from every other point of view it can only be regarded with unmixed satisfaction. And as the wretched structure was bound to go sooner or later, perhaps it is as well that it should have succumbed at once, as it was, in its former position, neither useful nor ornamental. Respecting the Sydney Exhibition lately closed, a correspondent, resident in that city, writes as follows:—To-morrow we close our Exhibition, and see the last of what has been to us a great undertaking, and a great success. Ido not know that any ultimate good will accrue to us, but it certainly has opened our eyes to what is going on outside our own small circle and given the colonial young idea a few wrinkles, otherwise, perhaps, not obtainable. The great objection to the undertaking raised by many is, that in many instances the Exhibition was taken hold of as a means of introducing manufactures free of duty and at low rates of freight to the detriment of the legitimate trade. In a great many cases the shows were mere blinds for retailing manufactures, causing an immense loss of business to ordinary city tradesmen, but taken altogether as. a national undertaking, and as an example of what can be done in bo short a time, it has been a complete success. The show of machinery, in motion and quiescent, was alone worth the necessary trouble and expense, and the cost of erecting the building will appear nothing if it be put to some good use when cleared of its present stock, and if allowed to stand where it is the tourist will bless the projectors for affording' him an opportunity of viewing one of the prettiest scenes in the world. You know what Sydney harbor is—so well know that this is not all blow on my part. The view from the top of any of the towers is superb, I do not say grand, because you in New Zealand know too well what grandeur is to take it in from a view of Sydney harbor. But the sight is what I call it and worth a visit. I did hope to have seen you and other New Zealand folk and still look forward to doing so some day.

A meeting- was held on Tuesday evening last, in the Criterion Hotel, of those interested in holding.sportson the 24th of May, being tho Queen's Birthday. Notwithstanding the fact that it had been adyertised, it was but sparsely attended; but it is a well-known fact that one of the most difficult things to be accomplished in Akaroa is to persuade the Akaroaites to attend a meeting. It was resolved that eports should be held that day, and a Committee consistiug of tho following was elected to carry out the object of the meeting: His Worship tho Mayor, Roy. H. Stockcr. J. Ayluier-, Esq., R.M., Messrs J D. Garwood, A. G. Wiggins, G. Black* Glew, J. J. Kiasell, J. M. Wood, w[ Tosswill, La Coste, S Watkins, W. Meech, G. Armstrong, G. Saddler, and C. W. Bridge, Mr George Saddler was unanimously elected Secretary.

We learn that an accident happened to Mr Joseph Judge, of the Ellesmere Anne Hotel, on Sunday last, the 2nd inst., as he was travelling from Tai Tapu to tho Head of the Bay. About a iniio or so from Mr Olphert's Hotel, Little River, after walking Inn horse, over a newly metalled part of the road, ho commenced to canter, when it appears his horse got a piece of the metal in ita foot, htuinbled, fell, and rolled over Mr Judge, confining his leg for some time ; with assistance he got to Mr Olpisert's. Dr Maloney, attached to the Australian Mutual Provident Society, who was at the tiuio at Little River on business I

in connection with the Society, at once attended to Mr Judge, and found ho had sustained a very severe sprain of the ankle besides other injuries. On Monday morning Mr B. Shadbolt, being on his way to Ohristchurch, conveyed Mr Judge home. It is to be hoped Mr Judge will recover speedily. ; i A fatal accident occured on the Lower Lincoln road near the junction Hotel, on Saturday evening last, the Ist inst. A man was coming out of Ohristchurch with two horses and a dray laden with sheet iron. The iron began to rattle, when the horses bolted. In trying to pull up the horses, the driver was thrown from the dray, and the wheel passed over his head, killing him instantly.

The Rangiora Standard is responsible for the following :—"History often repeats itself, and startling romantic facts are at times witnessed outside of yellow-backed novels. The lawsuit now on the judicial carpet of the Naw Zealand law Courts in the matter ot the will of the late Captain B. Rhodes, has for some time past been public property. The deceased gentleman left his enormous fortune to a half-caste Maori girl whom he had adopted. Legal complications, involving the payment of some £18,000 of legacy duty to the Crown, brought it more prominently forward. £25,000 a year or thereabouts did that old New Zealand pioneer dispose of by his last testamentary directions, and the lawyers have had considerable pickings over it for some time past. Here is an instance of another testamentary case. Its marvellous details might fairly give pabulum for writers of sensational novels, and, in the case under notice, should it ever be properly presented to the public eye, it might well be said once more that fiction need not always be embellished by imaginary gilding. It may be recollected that when the late Mr George Holmes — the wealthy Australian contractor who pierced the Lyttelten tunnel — died, he willed away his whole fortune to a brother then living in Canada, from whom he had not heard for some thirty years or more. Attached to his will were found two unsigned cheques for several thousand pounds each, one in his widow's name and the other in favor of a close relative. These two cheques were duly paid by the Canadian brother, Mr John Holmes, on his arrival here to take possession of the wealth left him. Subsequently Mr George Holmes' only son died. Several months ago, the Canadian brother, Mr John Holmes, also paid the debt of nature. His will was opened, and it was discovered, to the surprise of many concerned, that the fiurviving brother had re-willed away to his brother's widow—Mrs George Holmes— the property which he had inherited from him but a short time eince. Some people say, and with good truth w;e fancy, that it is another of the few instances of retribution. Disappointed parties, however, inlend, foolishly enough perhaps, to dispute the last will. They never thought of disputing the first. Disclosures of a pecular nature will soon see daylight in the Supreme Court. Who shall now say that there ie no romance in hard-headed, cast-iron, and silver-plated New Zealand?