Manawatu Herald. WEDNESDAY, APRIL 24. 1889. GUARANTEES.

Manawatu Herald, Volume VII, Issue 261, 24 April 1889, Page 2

Manawatu Herald. WEDNESDAY, APRIL 24. 1889. GUARANTEES.

A question of very great importance to all members of public bodies has ,'just been decided, as far as the District Court is concerned, but owing to the interests involved it will probably be carried to a higher court. Sometime ago the Hawera County Council lost a sum of £200 owing to the defalcations of their clerk, but the members looked at the matter very philosophically, as they believed that the Standard Insurance Company lnvl -guaranteed any loss, up to this amount, by a policy they had issued to the County on the application made by the clerk. It appears however that when the County applied for the valuo of the defalcations, the guaranteeing company objected to make the payment on the following grounds — that the contract was the proposal made by the clerk, and that the declaration that was obtained from the County Chairman, as to the duties the clerk had to perform, and the oh&cks that would be applied as to t!be disposal of monies received by him, contained the words " County Council" instead of the full title of " Chairman, couucillors.Jand inhabitants of the Couutv of Hawera," and also, that tho bank balance had not been reported monthly, and the audit had not been J made yearly. The case was gone into very fully, and tho vordict of j the jury was against tho plaintiff j Oounty. If this decision-should bo j upheld on appeal, the position of chairmen and members of public bodies will be made more unpleasant than they are how, for it appeal's a difficu t matter to obtain sufficient guarantees from officers whom they employ, and which tho Act makes imperative to obtain, and if they are taken from a strong company, they have a very good chance of having the case disputed. In the case under review the counsel for the defendant company, in examining the chairman, considered that he was answerable for seeing that the accounts were audited, and Avheu lie pointed out that the sheet under discussion was signed by tho auditor, lie was expected to have understood that it was not audited, because some explanations were required. The bank pass boor yvjia- produced at ■every meeting of the Council, but it wae conten<l«d ifi»i :f f,]u---ve avjir no ; meeting 1 in -'i moniJi. mi \ i.ho'^H the ' chairman a«w thfc pass book, the j book wasnot" produced" in the mean- { ing of the contract with the company. It seems to have been an important ; poiut, as to tha el-rk carrying on other business beside? that of County clerk, and thfc J proposal contained enquiries as to the clerk's being a lowed to onga^e in any other.) business, but th • matter did not ap- ! pear of importance ac the time, • as the salary was only £'50 a year, ! which made it a sum impossible for i a person to live on, and the proposer '• was already engaged in other business/thus it was argued than in accepting th a proposal, the company j permitted the clerk to take ther i business, as the}- knew he was doing ! so at the time of his making the ap- j plbati n. If the defendant in this case is in the right, it becomes a matter of interest to Is now for what purpose they received from year to : year, payments made by the clerk to them on this contract . Where they to take no risk ? From the defence it would Beem that their contract ;' with the county is null and void if j any defalcation took place, as it was he duty of the public body to have checked their ci-rk and prevented the possibility of mistakes. If this view is correct the chairman of a public body has. a m 'Ist unenviable seat, as he will have ever to be aoting as auditor and detective the whole year round. This raises an* other question and that is the selection of chairman, for many inenNsan • occupy this position, 8 a the duties are generally understood, but few, as the duties are define! in th s case. What was the reason uf the defence? because the company had several, other policies of the same kind in force, and j because it was not fair that it should be held to its bargain when the checks it bargain* d.fr were not observed, daid the counsel for defendant. It is time all these securities were looked up and the conditions named in the contracts understood, and if necessary aoted upou. The case bias certainly upset oue'n pieyious views on guarantees, and public mety had better place very lite c relianfce on them. If the pnl>lic body has to check their clerk's proceeding^ every month, the need of requiriug a bond appears un necessary, «k the Counties Act, and the guarantee noud do not seem to work on the same lines. . ..

The Foxton races have occasioned an ! alteration in the timetable, and notice i* given) elsewhere. A special train leaves Wanganuiat 5.45 a.m. on- Saturday, arriving at Foxtiin at 11.20 a.ni and leaven the ooiirse at 5:13 pml: TftW aHdlilrt be o! much convenience to.our.tfsitorw. ! Mr McLennan of the Oroua Downs is calling for tenders for the cleaning out of j about 500 chains of creek and drain, i Specifications can be seen.atr, the office of I the Oroua Downs estate or at the Kopani. Tenders must be in by the.3Uth inst. ; ¥hd floart\ of iteviewera sjt at Otaki oil the first of »\lay to hear objsotions to the valuations made !or the Horowhenua County and the To Horo, Otaki, ami Wirokino Boad Boards. The annual meeting of ratepayers within the Wirokino Road Board will be held at the Board's oilieVWirokino. on Thursday week, the 2nd May. .. ; - Still move work. In another column the Wifokino Bond Hoard call for/tender*' for gravelling and trimming on the .Mubunoa Bond and clearing ami deepening the Kereru road drains. • • '^ '•■ = A large number availed themselves of the holiday on Monday tf/tkke' ''■&• trip "t6 the beaoh. ..'_v ■ ■■''.'■■ The first of a series of dances, was held at the Public Hall on Monday night. There was a large attendance, and . the dancing did not break uptiUf wo o'clock in |he morning. The Fink Jubilee Singers had a bad journey to Palmerston, [Mr., William* informing the Pnlmerston audience that they had nearly to make the roudfor themselves. The Manawatu, County out of- County and Seperate rates could surely do .something, especially if their funds are as their " Advocate " tries to represent them. Some boys were on the lxtcks at the Bed Point, off Akaroa, on Saturday (soy» the Press), and came across a "nest "of old cannon balls. A small * landslip had caused these old stagers to roll down, and the sea had washed the clay away from therri. Some of them are " the real old 82-pounders, and must have been fired from the French men-of-war nearly 50' years ago. They are eaten away with age, being quite rough on the outside. The Cabinet have decided to release the plant of the Junction Brewery Company, which was recently forfeited for breach of the Beer Duty Act, and also to reduce the tines and costs inflicted on the company and its secretary for neglecting to enter certain material used for producing beer, to £378 18b 6d. A Palmerston boating T party. came to grief on the journey they started, says the Palmerston Time*, for Foxton, from the port of Awapuni with a full cargo, comprising provisions, guns, and a few bottles of the Scottish national beverage which makes glad the heart of man. All went well until late in the day, when opposite Karere, the craft struck on a snag and in a few seconds the occupants were in the water bobbing up not quiUuaeranely. The boat was smashed and its contents lost. The four voyageurs managed to reach land, and for some time end. avoured, without avail, to recover some of • tneir property. Good Samarians were at hand in Mr and Mrs A. McEwen, who, however, could offer the party no other accommodation than that to be found in the ola Maori Church where they passed the night. While their clothes were being dried, the party had to indulge in some eccentricities in costume, and it is said that in the dead of night a stalwart form might have been seen pacing up and down arrayed in nothing but 'an oilskin overcoat, while another gaily sported a flannel petticoat, to the admiration and envy of his companions. Joy came with the morning, however, and after resuming their ordkiary ajtire, the- party came on by train to Palmerstop, Convinced that there are sometimes too iriuoh excitement and variety in ah Easter o'ntihg. We here chronicled tV di-afifere that atceudsti me-. Imating yaity ivoin Palmersion, we are therefore v6iy pleased to be able to report that the one under Mr Park's., direction succeeded in avoiding the dangers of the river, and reached the port in safety. Mr Park reports -having; had a very pleasant' and enjoyable trip all -throngh. . The " Ivy " is nearly ready ibr he* travels. A trial trip wilt bo>made today o r tomorrow. ' ' v Mr Hillary, who, has leftSKwl the Hall for the rinking seaßon, has fust returned from Wellington, where he has purchased a new lot of skates, with wooden rollers, a fact that our dancing friends will be very pleased to hear. The wooden rollers are also admitted us being far better than the brass ones for skating on, and they are also much easier on the floor of the building. We hope that Mr Hillary will meet with due encouragement for his enterprise and thoughtfulness. + 4.'- --. A short time ago an interesting and important experiment was tried on the London - and North-Western Railway, betweeu London and Manchester. The Company have recently built lome niagnincent dining saloons, for the purpose of aecoinodating passengers between London, Manchester, Liverpool, and Carlisle! v The saloons, which are 34ft in length and connected, by a gangway, are most sumptuous in their decoration, while -two | cooks and four waiters travel by the train. The upecial train, cowdetl with Directors, left Euston at half past 10 o'clock, in charge of Mr Webb, chief mechanic^), engineer. Luncheon wan served in passing Bugby, and ; the train ran to Crewe, which it reached at ten minute* to two; • Aftf r a stoppage of four minutes the ionrney^iras continued to Manchester, which was reached ten minutes before time, or in a few iroinutei <tter four hours. After less than two hours stay the return journey to Lonrtqn<was commenced, and as the train was travelling at about a mile a minute between'i£rewe and Bugby dinner was served. The Directors pro-, noanped the arrangements admirable, as in face of the high Bpeed there was lot the afighte't oscillation or the smallest inconvenience. The experiment was regarded as completely successful, rfnd an order for I further saloons of the name class will be ! placed in the company^ workshops at once HEATING'S COUGH LOZENGES cure Cootfha, ABtbma. B onchitix. Mcdi eal testimony ■tmtea.tbat. no other tnedioiae i ao flffeocnal iv the cure of them* daogerooa maladies. One L^aeime alone gives ease, one or twn *> bedtime entures re«t For relievioit difßuulty « f brexthiog 'hey are invsluablc. They .•:onr*ii> i,n opiam ' nor any violent draft. Sold by >M Chemists in Tins, Is I*4 and 2* 9d c.oh.