NEWS OF THE DAY.

Globe, Volume IV, Issue 455, 29 November 1875, Page 2

NEWS OF THE DAY.

Political.—Mr E. 0. J. Stevens will address the electors this evening, at the Oddfellows' Hall, at 7.30 p.m. Rose Show.—The rose show of the Horticultural and Arboricultural Society, which was to have been held to-day in Mr Alport's new rooms, is postponed until Thursday next in consequence of the unfavorable weather. Canterbury Sale Yards Company.— The second annual general meeting of the above company will be held at Mr Charles Clark's rooms on Monday evening, 6th December, at 7 o'clock. President's Cup, C.R.C. —In consequence of the severe weather on Saturday the contest for the cup presented by the president was postponed until next Thursday and Friday afternoons. The race will be rowed in heats, and the course will be from Wright's to the willows. Trinity Congregational Sunday School. —A tea and public meeting in connection with the above, the proceeds of which are to be devoted to the school fund, will be held in the schoolroom, Manchester street, to-morrow evening. Tea will commence at six o'clock. Railway Accident. —As the 2.30 train from Christchurch to Lyttelton on Saturday afternoon was nearing Opawa the engine struck a cow that was crossing the line, throwing it some few yards and killing it. No further injury was done, and the concussion was so sUght that many of the passengers in the train were not aware of the accident. The Weather. —Ifc is feared that the severe weather of the last few days will cause serious damage tc the crops. It was reported on Saturday night that the rivers down South were flooded, and that the coach from Timaru had to come round by Geraldine. Very severe weather had been experienced at Timaru, and five vessels were lying in the roadstead. Yesterday the Waltham road was covered for about 150 yards, and the water rushing across from east to westLate last night the water had risen up to the gasworks and partly over the belt, and the low-lying lands in the valley were submerged. Narrow Escape from Fire.—A stablrat the rear of a dwelling house in Durham Htrnet north, in course uf erection by Messrs Reid Brothers for Mr Woodman, had a narrow escape from being burnt down yesterday morning. The fire had originated in a lean-to adjoining the stable, and had been caused by some lime in the latter building, which had become heated by the rain beintdriven on it through the roof. Coustabh Smart, with assistance, extinguished th< fire, but not before a ho'e 2 feet in diametehid been burnt through the partition. It iffortunate the fire was discovered so soon, ivthe new premises are only about ten yard from the stable, and a stiong south-wesi wind, waa blowing at the time,

SCANDINAVIAN NEWSPAPER.—We have to acknowledge the receipt of the first copy of a Scandinavian newspaper, Skandia It is very neatly printed, and contains the first instalment of Mr Vincent Pyke's story, " Wild Will Enderby," which that gentleman has given permission to be republished in Norse, The following extract from the opening address of the editor will show the intention of those engaged in the work of publishing the paper:—"We take this opportunity of thanking our English friends for the kind and liberal support they hav.a given us in our undertaking. To those who may have any doubt as to the wisdom of establishing a journal printed in a foreign tongue, we will explain that Ska?idia aims, not at separating, but amalgamating the English and Norse elements of New Zealand. It will be the main object of the editor, through the medium of his journal, to make his countrymen acquainted with the language, laws, business, and events of their new and promising home, of which the greater number are and would continue to be ignorant, unless some help were given them in the manner we have indicated. By using all the means at our command, we hope to be able, not only to point out, but to lead our countrymen to that path of prosperity which is the inevitable result of honest and assiduous labor in this Britain of the South, and thereby show to them, so that they may appreciate, their new home and the efforts trade by the New Zealand Government on their behalf." Flooded Rivers.—The Timaru Herald says : —Owing to the heavy rain on Tuesday night several of the rivers north of Timaru were in pretty heavy flood on the following day. The water in the branch of the Opihi, between the bridge and the Arowhenua Hotel, was not fordablo with ease on Tuesday evening, and on Wednesday such a scour had taken place in one part, leaving a steep bank, that it was deemed advisable not to convey passengers over the river by coach on that day. The passengers who would under ordinary circumstances have travelled by the coach between Timaru and Temuka, went by rail on that day. Yesterday theriver had fallen considerably, and coach traffic was resume i in the morning. Previous to Tuesday it wa» about twelve months since water in any quantity has come down the south branch of the Opihi. The following, with reference to the Waitaki, is from the North Otago Times of yesterday:—lt being reported that the Waitaki was in flood, a considerable number of gentlemen went out yesterday by the 3.30 train to have a look at the rivd. On arriving there it was found that the southernmost branch was uncrossable except by means of the beams of the bridge, a task which only one venturesome spirit essayed. The main stream was fully half a mile wide, the water being a foot higher than in September las', and in greater vo ! ume than s'uee the flood of February, 186* It was two feet high in one of the contractor'* sheds, and had carried a a quantity of timber and some bags of oats belonging to Mr M'Gavin. Sergeant Smith, of the police, who crossed the river from the Canterbury side, having come down fj om Timaru by coach, had anarr jw escape in ctossine the main stream. Missing his footing on th- single rlank which forms the footway, he Mi i.ii' grasped the plank and recovered h position He states that all the rivers north nf inimu are up, but not those between T.m.tru and the Waitaki. Sir John Richardson on the Legislative Council.—The Daily Times says: The following remarks were made by Sir J. L. C, Richardson, the Speaker of the Legislative Council, concerning the constitution of the Upper House, at the Reid banquet the other evening. He said that some misconception existed with regard to his utterances recently at Ralclutha in reference to the constitution of the House of Parliament. He had " a great affection for it, but the Legislative Council as now constituted, is not in accordance with the principles of our liberties. He referred not to the personnel He found, in 1866, that the Council passed a Bill limiting their numbers, but it did not become law. This Bill was also submitted in 1867, 1868, and 1869. He wished it to be remembered that the Temporary Appointments Bill was introduced in the Council in 1873 without effect. It had been no novel suggestion, that of altering the constitution of the Legislative Council. He unhesitatingly and clearly declared that he hoped for the alteration of the Council. He was not a democrat, but a progressive constitutionalist. The Provincial Governments had done great and marvellous things. He was an anti-separationist, but he is not now. The rebellion was then drenching the North Island in blood. He felt that he would have been acting a cowardly part had he withdrawn from the North Island then. But that is over now. The Maori war was a thing of the paßt, and was never likely to recur. He would now go in for separation. Financial matters could be easily apportioned. The thing of separation can be done. All we require is a man to do it. If the electors were recreant to the cause—if they cast scorn upon the Opposition for what they have done—all the evils that would eventually befall them would be only too well deserved. He advised the people of this province never to allow their power of electing their Superintendent or Governor to pass from them." Insurance Case.—The following is the judgment of the Court of Appeal in the case Brogaen and Sons v Miller : —•• This was an action for the rectification of the terms of a policy of insurance issued by the defendant in favor of the plaintiffs on the ground that the policy as issued is not in accordance with the terms of the insurance slip. Apart from the stamp laws, theie can be no doubt of the power of the Court so to rectify a policy of insurance. The cases of Henkle v Royal Exchauge Ass. Co, 1 Ves. 317, and Motteux v London Ass., 1 Atkyn, 545, are conclusive on this point. But in these and all similar cases the slip has been held to constitute a valid, binding contract between the parties. And in every case of rectification of deeds, such as conveyances and leases, by courts of equity, there has been a prior or concurrent binding contract in accordance with which or with the intention of the parties in making which the deed has been rectified. But by the provisions of our Stamp Act. 1860 (meaning th«reby any instrument whereby a. contract for any marine assurance is entered into), a duly stamped policy is the only mode by which a valid contract of such assurance can be effected. The previous slip, ilthough it may, a 9 in this case, contain all terms necessary for a policy, is rendered absolutely invalid as a contract, and not enforceable at law or in equity, unless stamped as a policy. What we are asked to do, therefore, is to rectify a contract (the

policy) by that which is by law no contract at all—the slip—in effect, to decree specific performance of a contract (the slip) which the law says shall not be valid as a contract and not enforceable at law or in equity, If the plaintiffs had been seeking to enforce the contract (the policy), and the defendant had set up fraud, misrepresentation, or mistake as a ground for resisting perfoimance, no doubt the slip might be looked at to evidence the intention of the parties in making the nolicy; and this is how the case of lonides v Pacific Insurance Company, 7 L.li, 2 Q.B. 518, and Corry v Patton, 1 L.R, 2 Q.B. 304, are readily distinguishable from the present case. In equity it frequently happens that evidence is admissible to resist enforcement of a contract, which would not be admissible to establish a contract. In the present case, if the plaintiffs had refused to accept or recognise the policy issued they clearly could not have compelled the defendant to have issued any other. They cannot, therefore, now take advantage of the policy issued so far as it suits them, and repudiate the portion that does not suit them, saying, in one breath, we rely on this contract (policy), but we say it is not the contract we entered into. In this view of the case it is unnecessary to go into the question raised by the one, three, and four grounds of demurrer, but judgment must be given for defendant on the second ground of demurrer, with costs."