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Hawke's Bay Times, Volume 19, Issue 1374, 13 July 1872, Page 2

According to the Government timetable, the next European mails by the Californium route will be due at Auckland on Monday next, 15th inst. However, the public, we imagine, have by this time ceased to expect the San Fiancisco mail boats arriving on their due dates. The Nevada, which left Wellington at noon on Sunday the 7th instant, did not arrive at Auckland (ill 8 p m. on Thursday the ilth, the voyage having thus occupied her four days and eight hours The only reason given for the great length of the passage is that she encountered strong scales throughout. By a telegram from our correspondent we learn that she was to sail for Honolulu at 3 this afternoon, with 69 passengeis. In the Resident Magistrate's Court yesteiday morning, Samuel Sykes, charged with stealing, was further remanded till Monday. Alley v O'Dowd. —Claim of <£B damages. Mr Lascelles appeared for the plaintiff; Mr Lee for the defendant. The case arose from the circumstance of an old dividing fence being out of repair, whereby cattle got through and trespassed. The parties determined to make the fence good, and the plaintiff sent a man to assist the defendant in doing so. Mr O'Dowd's idea was to have an entirely new fence, and he accordingly, pulled the old one down and levelled the bank. He then built one-half of a substantial new fence, and called upon the plaintiff to finish the work, which he declined to do. Next time plaintiff's cattle trespassed, defendant impounded them Plaintiff contended that the damage was occasioned by the defendant's own act, and sought to recover the pound fees with damages for the demolition of the old fence and bank. Mr Lee con tended that defendant had plaintiff's consent to erect a new fence. Mr Lascelles maintained that the defendant had failed to give the notice required by the Impounding Act.—The magistrate considered the impounding of the cattle was justifiable, irrespective of the other particulars of the case. He did

not see that any wrong had been done<to the plaintiff, who might, by the Impounding Act, have been compelled to» bear half the expense of erecting a legal fence.—Judgment for defendant, with costs of witnesses, £1 B*, and solicitor'* fee, £1 Is. Wall v. Gilligan Claim, ofi>s 18, amount of pound fees paid under protest. Mr Lee for the plaiuiiff. Plaintiff, having occasion to leave hi* place for a fortnight, left bis cattle in a secure paddock. On his retuin ha found the lock of the gale broken ofl£ and the cattle gone. In the evening be went to the j>ound, and found that the cattle—23 head—bad been taken* there balf-au-hour before by Mr Roper. The cattle were not actually in thepoundy as their description, had not been gi\en in, but the poundkeeperheld a memorandum of the number and the amount of damages claimed, and! had made an entry from this in the-pound-book. Plaintiff offered 30s torelease; them, but was charged .£5 18s,, which he paid under protest. —The de-. fendant produced his book, and that the charge was made up in thefollowing manner: 22 head of l-s> per head entry, and Is per head delivery, £2 4s; one bull 5s entry, 5s delivery, 10s; damages for bull, £%% driving expenses, £2 4s ;—total £5 18s.. The total would have been «£6; but beremitted 2s. When Roper brought thecattle it was too late to take the brands he came early next day to do so j but the cattle had then been claimed.—Mr Lee said this action was brought with a view to check certain abuses connected with the impounding of cattle. Some* people, he believed made a living of i*. Chis system of bringing a, mob of cattle to the pound after dark,' and claiming, damages of which uo proof was given, did not look well. The court would remember a recent.,case in which the same impounder had brought a herd of cattle to the pound too late to taker the brands. No doubt he made a goo<l tiling of it. He had no right 10 impound them if he did not comply with. the Act by bringing their description. with him—the whole affair was illegaL A suspicious element in this case was the fact that the plaintiff's paddock had been broken into.—Mr Scaly said he should require to look into the Act before giving judgment. Decision reserved till 3.30 p.m.--The Court resumed at that hour, when the Resident Magistrate said that he had some difficulty in deciding this case asthree interests were involved, namely, the impounder, the poundkeeper, and the owner of the cattle ; but only thetwo latter were represented in Court. He thought the poundkeeper had complied with the Act as far as it wasto do so; for he could not take the brands in the dark, and it could not be argued that the cattlemust remain at large all night because it might be too dark to take the brands, \n a former case which had been re~ ferred to by Mr Lee the person whodrove the cattle to the pound denied that they were impounded, and there was no entry whatever in the books on that occasion. In this case, as Mr Roper was not present, there was no evidence to show whether he had impounded by authority, or as to the disputed charges for dming ancJ damages. He would therefore decide that the poundkeeper should retain his own fees, .£2 14s, and refund the impounder's charges of £3 4s, leaving Mi Roper to bis remedy under § 17.

The Wanganui Heiald, June 22, pays : _ We have just been shown a fragment of a telegraph pole, which was rent by lightning during the late thunderstorm. The piece has been torn off apparently with irresistible force, yet as clean as if split by an axe. The insulator is shattered both on the top of the cap and also inside, and strange to say in seveial instance** where two arms have been attached, one on either side of the pole, one has been shattered and the other left intact. Near the residence of Mr John Haudley, there are nearly a dozen poles shattered* some within a foot of the ground. Fragments, in some eases a half and a tliirJ of the poles, are carried, after having been wrenched off, over a chain; from the original pole and scattered several yards end up in the ground* showing the force with which they have been driven upwards. ® Hl *l splinters are lying round tor ores-aw

yards from tlio poles. Travellers should be careful to avoid proximity to poles in thunderstorms, as there is really very great danger. The wire is on the ground in several places and -we should imagine communication must be frequently interrupted. The ladies of Moscow, Muscatine county, lowa, United States, have won a signal victory. At the recent election of town trustees they can ied all their candidates, and these candidates were all women. The Board now consists of the following members : Mrs Carter, Mrs D. Matthews, Mrs D. J. Starlmck, Mrs Church, and Mrs Higley. The Manchester Examiner remarks :—" The first step announced to be taken by the new Board is highly suggestive. It is said to be their intention first to * clear out all the liquor saloons in town/ and then to ascertain the legality of their own election. Whatever else may be said about these ladies, it is clear that they mean business. They may not meet with all the success they deserve, but at any rate they desire to make their rule a reality, and nob a sham. We cannoc assure them that the eye 3 of the world are upon them, but we may say that in many quarters their future movements will excite genuine interest." The guano found lately at Akaroa (Canterbury), it is said, is likely to prove of some commercial value as an article of export. A sample has been submitted for analysis to a competent person, and ho reports that the guano ia not so good as Peruvian, but that it compares favorably with a good deal of that exported to England. M|mMHMBMHaiM^HMUna i MHWnH^iHnH aMa«wHWMi«iiPii