Hawke's Bay Times. Nullius addictus jurare in verba magistri. TUESDAY, MARCH 20, 1872.

Hawke's Bay Times, Volume 19, Issue 1283, 26 March 1872, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. TUESDAY, MARCH 20, 1872.

The near approach of another session of the General Assembly, and the certainty that a comprehensive system of educa tion for the whole of the Colony will be one of the earliest and most important of the measures to be discussed as the future law of the community, rer.ders jt necessary that public attention should be directed 10 the subject, in order that an enlightened and forcible expression of the popular mind may he brought to bear on it previous to its coming before the legislature. On no other subject does such a diversity of opinion exist as on this, and the consequent difficulty in the way of the legislature in providing a system satisfactory to all parties is so great as to render the task hopeless,— the utmost that can be accomplished being to devise a system that, being distasteful to some, will do the greatest amount of justice to the whole population. We are willing to admit that the intention of the Government in introducing and pressing on the measure of last session was good. Its failure was consequent on an attempt to compromise what is known as the religious difficulty, and we do not hesitate to prediot that unless this cause ot failure be studiously avoided, the result of a new session's legislation will be as small as that of the last. The utmost that the country can expect from, the Government is a secular system. This is the birthright of every member of the community; anything bejQttd this is nut only more than is

due to any particular body, but implies injustice to a large pi'opovtion of the whole.

The fatal objection to the denomina-! tional system of education is that it subsidises certain classes of the community at the cost of the rest. Thus it is a robbery of the minority, and it must of a necessity be so unless every denomination be subsidised, however small their numbers may be. As this is clearly impossible, it follows that every denomination not subsidised is taxed for the propagation of what they conscientiously bel <;ve to be erroneous doctrines. Jf we take a glance at the tables published by the Government in their census of the population, we shall find that in eacli district of the Colony there are two or three denominations of religious belief which are sufficiently numerous to establish educational institutions, and that in addition to these there are others whose numbers are too small to admit of their doing so. There can be no doubt that the latter are at the least quite as conscientious in their religious convictions as the former, and have as much right as the rest to have their peculiar scruples respected. The question is not whether we shall give the young a religious education or not, but whether religion shall be taught by the secular schoolmaster or not. Looked at in this light, there seems little or no difficulty in the answer. The many best fitted for the one work will in almost every case be found not the most fit for the other, and a merely secular education in the comiuou school does not imply that the children are therefore deprived of instruction in the religion of their parents at a proper time and in a proper place. If it be maintained that, the State is bound to instruct in dogmatic theology, we are brought at once to the question of a Stale Church, and altogether beyond that of denominationalism.

A telegraph station has been opened at Arrow, Province of Otago. Mr Nancarrow, Inspector of Steam Vessels, arrived here last night, by the Rangatira, from Auckland. We hear that this gentleman today inspected the steam launch Lily, and gran led her a certificate for twelve months.

At the rifle match yesterday between Napier and Wellington, the average made by the local team exceeded their achievements on any previous occasion. The average was 57J, and the highest tscore was that of Mr. A. Blake, who made 70 out of a possible 80. Messrs. G. J. Cellars and John Chicken followed with 63. each. The morn ng was favor able for shooting.

Considerable preparations, we hear, are being made for the forthcoming anniversary celebration of the Hose of Sharon Tent, 1.0 R. The Napier Rifle Volunteer Band have kindly given their services, and many of the Napier brethren, we believe,, will be present. The " Rose of Sharon " members, by their presence . and assistance, contributed materially to the success of the "Hope of Napier" celebration, six months ago, and as many of the Napier Eechabites who can do so, should make it a point to be present at Waipawa on Easter Monday. Mr G. T. Thomas, of IT.M.'s Customs, leaves Napier this evening, per Rangatira. having received an appointment in the Province of Canterbury.

While, in common with many, we re gret Mr Thomas's departure, we congratulate him upon his promotion. In the Resident Magistrate's Court

this morning two decisions were given

in claims by the Government on immigrants' promissory notes. The cases were reported in our Friday's issue, and as the decisions are of some im-

portance, we publish them in full as given by Mr Sealy : —Ormond v. Jefi'ares (claim of £25 lis).—A promis soiy note was given by defendant under the immigration regulations to provide a passage for one William Worrell.

Worrell did not come, but another who personated him, came in his place. Defendant, by his counsel, pleads a total failure of consideration. It is admitted that William Worrell did not come. It does not appear that he was a party to the substitution of another person; but if he was, I do not think that would make the defendant. Jeffares, liable for his wrongful act. I therefore hold that the consideration failed so. far as regarded the immigration of William Worrell. But clause 3 of the Regulations provides that if the immigrant accepts a passage and does not presenthimself at the appointed time, one half of the passage money will be forfeited, and for this also the promissory, note will be a security- The presumption seems to me to be very strongly in favor of William Worrell having accepted the passage, otherwise it is difficult to imagine how the personation was effected. The onus of proof therefore rested with the defendant, and he failed to prove the want of this partial consideration. Mr Wilson argued that if any consideration was shown, the plaintiff muse recover fehe whole of the promissory note, but I. find a very distinct authority to the contrary in Byles on the Law of Bills of Exchange, &c. —" Where the defendant can insist on a total want of consideration as a defence, he may also set op its partial absence or failure as an answer pro. tanto" I need not quote at length, but it seems clear that where the failure of a definite amount is proved, the balance may still be recovered. I shall therefore V decide in favor of the plaintiff for one moiety of the note. With regard to the question of inteiest, Mr Fannin says that some time in 1868 he told Jeffares he most pay the note, and he leplied that he did not think he ought to be responsible, as the wrong party came out. This seems to have been a demand within the meaning of clause 3 of the regulations; and the note, or so much of it as may be receivable, should bear interest from that time, no tender of any portion having been made. As the time in 1868 is not fixed, 1 must reckon from the last day of thai year. 1 therefore give judgment for the plaintiff for .£9, being one moiety of the note with interest thereon, which at 8 per cent, per an. from the Ist of Jan., 1869, to this day, amounts to <£2 Q< 7d. Total: JBII 6s 7d and costs, £1 ss. Ormond v. Higgins.— In this case Laurence Higgins is sued as surety for Filiner on three promissory notes. It was urged by the defendant's counsel that there was no presentation of the notes to the principal, Filmer, and that the defendant, was put in a worse position by the act of the plaintiff in allowing Filmer to leave. The notes are made payable at the Government Building-*, Napier, which seems to render a formal presentment unnecessary. The case Bailey v. Porter, quoted in Byles, seems r.o be a parallel case. It was there held that " if a bill be accepted payable at a banker's, which banker happens to become the holder at its maturity, that fact alone amounts to presentmeut, and no other proof is necessary." 1 can only regard the words "payable at Government Buildings, Napier," in the same light, as dispensing with a personal or formal demand on Filmer. I cannot see that the evidence discloses any act on the part of the plaintiff, which prejudiced the security of the surety, and entitled him to relief in equity. The plaintilf was not obliged to use active diligence to recover against the acceptor. The notes were given under regulations which imply delay. There was no engagement expressed or implied between plaintiff and defendant that payment should be enforced from Filmer within a specified time. It is ceitainly expressed in the regulations that in case of applicant or surety leaving the Colony, immediate payment will be required, but that was obviously for the protection of the Provincial Government, not of the surety. The surety Higgins had a right to pay the notes'when he found Filmer was about to leave, and he could then have taken measures to recover from the latter. There was no act shown on the part of the plaintiff, which deprived him of this remedy. On the contrary, on Filiner leaving, the defendant might have been called upon for immediate payment strictly in terms of the con-

tract. As to the claim for interest, I have great doubt whether Higgins is liable for interest until he received formal notice of the default of Filmer; that is to say, until the issue of die present summons, and as the interest in any case when not pavable on the face of the instrument is discretionarv, I will give the defendant the benefit of the doubt, and return* the interest. I therefore give judgment for plaintiff tor .£45 and co«ts, £1 ss. Harris v. Oatham.-—A claim of ,£2B 4s 8d disputed account. Defendant put in &> set-off of .£23 5* 6d, also disputed.— Judgment for plaintiff for J»18> 1 Zs 2d ; costs, £1 14s, to, be divided between; the parties.

The Wellington correspondent of the Otago Daily Times states that Mr Burne, the chairman of the N.Z S.S. Co., went home by the last San Francisco steamer, and it is understood 'hat his object is to purchase some London, liners, with the view of disturbing the very profitable monopoly which Messrs Shaw, Saville, and Co. have for years enjoyed of the direct passenger, and cargo traffic between this and London. It is also probable that when at home Mr Burne will arrange for the purchase of another steamer, or perhaps have one built especially for the company.

The Evening Post vrites -.—There isone kind of school we should like to see established in Wellington, namely, a school of arts and design. Wherever they have been tried, success has attended the effort. One benefit which: the exhibition of 1851 produced' was the opening the eyes of the British Government, public, and manufacturers, to the fact that broadly speaking, liters were no aitistic designers in the country, and that in all tho.se manufactures in which beauty of design was essential we we:e miserably behind our continental rivals. The result of this fact becoming known was the establishment of schools of design in various parts of London, in Liverpool, Manchester, Glasgow, and many other large cities, which step was followed by an improvement in the artistic colors and designs of various manufactures of all kinds and textures. What was the case in England is still more so here. We are not only bringing up the rising generation without actual instruction in designing or in art, but they aregrowing up without the chance of see ing anything beautiful in architecture, sculpture, or painting. Surrounded by these, they would imbibe naturally a taste for the beautiful in form and color; but denied in New Zealand aIL chance of such associations, and growing up without instruction, it is easy to see that the next generation will be utterly devoid of taste or of any appreciation for correctness m outline, detail or tone.

The Ngaruawahia schoolmistress, Mrs LTEstrange, died suddenly under painful circumstance*, on the Ist March. She had been ailing for two yeais, suffering from rheumatism. As an instance of the reckless freedom with which dangerous drugs aie used by the public, we may mention that on the day of her death, though she had taken no nourishment but some chicken broth, she had been dosed with chlovodyne—three doses of 30 drop* each ; had been given a little brandy and lemonade; and complaining of a pain in her side, had been rubbed with '* pain killer." A. post mortem examination revealed the tact that the cause of death was a rupture in one of the arteries of the heart; and Or Beale gave it as his opinion that the cblorodyne administered, upon an empty stomach, had hastened the unhappy event.

The New Zealand Herald write." :-~ We have great faith in the future of Tamanga. Its excellent harbor, fertile soil, genial climate, and above alt irs central position as regards the rich lands of Ihe interior, ail point to Te Papa as the site of a prosperous commercial town. That it is rapidly advancing there can be no doubt. Our correspondent writes respecting the extension of business, and tells us that a ne/v general store is about to be erected* which will make the eighth in Te Papa. This is pretty fair for 20 small a population. But the gieat dependenceis on trade with the natives, who are excellent customers. Tliis new store will aba be a bakery.