RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume IX, Issue 242, 12 October 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before Low_n_R Bboad, Esq., R.M.] This Day. Knyvett, Secretary of Upper Motueka Road ■ Board v. ißout. This wai an action for the recovery of road rste6 under the " Justices of Peace Act." The evidence was taken seme time ago, and the judgment wa. delivered tbis morning, _• follows : — When in a former quo I decided that proceedings for the recovery of rates should be by compl-dnt and summons under -the Jattiies of the Peace Act^- lf-86, 1. was: under "tne impression that the.dcat Act provided for the recovery of rates in a summary manner. >o in fact, the torroer local Act did, but the Nehon highways Act, 1872, which is now in force, prescribes no mole whatever for tbe -recovery of rates, and provides only, tbat "penalties" incurred under the Act may be recovered rammarily. It is argued that as the local Act prescribes no mode of procedure, and does not in express terms make a rate a " personal debt " tbat the only possible process open to the plaintiff is by - complaint." , Bat is it absolutely necessary that a rate . ahould be inaade a debt ;jn express terms ? May there hot' be an implied -lability createdby law for which an action will lie ? It is stated in Tomlin's Law. Lexicon under .the head of "Debt" thit "whatever the law orders anyone to pay. that becomes instantly a debt which he hath contracted beforehand to discharge." Take the case of a judgmentdebt, for instance. Is there any material, difference in principle between judgment' debts and rates as finally levied under the authority of Highways Acts ? If parties are aggrieved by the assessment they can appeal, and on the hearing of th*t • appeal the amount of. rate is finally'ascertained ; the party, I apprehend, may be sued for it, aridwptild be in much the same position -as ft person' sued upon a- judgment debt. The "Nelson Highways Act, 1872," Section 26 provides that the* rate should be _>*!dby the occupier, or in case there be no occupier, by the owner, and Section 27 enacts that "The rate shall be paid by, the person liable to the payment thereof, to some person to b. app inted by the Boa*d to receive the same, &c." It is contended that tht se clauses do not make the rate a personal debt. But there is clt arly a duty cast upon someone by the law to pay the money, and the Act povides means for ascertaining who is actually) liable. , : Further, both the 12th and i7th clauses of the "New Zealand Highways Boards Empowering Act, 1871," seem to indicate that the Legislature contemplated the possibility of rates being recovered by civil suit. There ia one more argument to di-pose of and that is, that the 1 6th section of the " Interpetation Act, 1868," makes it imperative to proc-ed for the recovery of these rate** by information under the " Justices of the Peace , Act, 1866." I cannot agree with 'this' argument. The rule " noscitur a sociis" seems to me to apply to this clause. Ratea are rot" fines, p nalties, or forfeitures," and I apprehend that the word**, "sums of money," as contained in the clause, must be read wi-h the context, anl therefore refer only to »uch m tters as are of that naturje. I * hall now rue tbatthe pres nt __• -ol dfi procedure- is not the proper, oile ; that a rate is, under these ordinances, a debt which may be sued for in the Resident Magistrate's Court, and that this Court has in this matter no jurisdiction. Some questions may p< ssibly ari«e here »f ter as to who is the right person to bri- gan action in t':e Resident Magi trate's Court. I t ink it ahould be brought by the collector as aucb, ani that he should be prepared to prove at the hearing t'-at he wa* duly authorised by tlie Board. The matter is one of procedure, and I apprehend that if the Resident Magistrate's Court is satisfied, pn enquiry, that tli<? , plaintiffs, are subs antially before the Court, i 6 *ppe«l can; lie on tbairground, every Court, having a r'ght to rgulate its own procedure. I mention this because it may save the_ various Road Boards in the districts over which I have jurisdiction some inconvenience to know my opinion on what some of them have felt to be a difficul y. Kntvett v. O'Conor. The claim as stated in the summons in tbis case was as follows :— The plaintiff says that the defendant wrongfully seized and took from him a certain bill or voucher in hi- favor for the sum of £18 9s 6d, being for expenses incurred by him whilst employed by the Provincial Government of Nelson, and marked bb correct by Arthur Dudley Dobson, Provincial Engineer. Wherefore the plaintiff claims the return of the said bill or its voucher, or its value, being the sum of £18 9s6d. Mr Fell appeared for the plaintiff, and Mr Pitt for the defendant. Ali the witnesses having been ordered out of Court, Mr Fell briefly opened the case for the plaintiff, and then called Henry Percy Knyvett: I was an overseer employed by the Government on the Hope Road ata daily wage. In that service I became entitled to certain pay apart from my wages, namely, for travelling expenses f r coming to Nelson to get money for the payment of contractors. I sent my claim to Mr Dobson, the Provincial Engineer. (The voucher was here produced by Mr Hodgson, the clerk to the Superintendent.) I received the voucher back by past, addressed to me at Nelson. The envel pc contained another voucher. I presented both either to Mr Rout or Mr Hodgson. lam uncertain which. I applied fo** payment to Mr Rout, and left the vouchers inthe office. I was told to call again in the afternoon, and did so. I was paid for the one, but not for tbat which is the aubjt ct of this action. I was told by Mr Rout to furnish a detailed account. He pave me the voucher, and I took it away. This was on the 15th of September. I returned to Nelson last Monday with the particulars. I took the voucher on the following day with the detailed account. I first ask d Mr Hodgson if he had heard anything of another voucher that had come into the office. He said it was mislaid. It was one in my brother's favor, for which I had authority t • recei c judgment. I left the voucher with th» unders anding that I should look to him for it. I told him distinctly I should want it again. He a sented. I was particular about it because tbey had already lost on • voucher. I He took it towards the Provincial Treasurer's office. He retu ned and told me to call au in in the aft rnoo-i. I called again about half past two and -aw Mr Hodgson again. I asked him to see about the voucher. He went to the Treasurer's office, and came back and said I was to wait a few minu es. Mr O Conor came out shortly aft» r with tho Voucher in his hand, and asked what was my s-uthority for incurring the expanses. He distinctly rpfpsed to pay me. The voucher and tho detail d #ccou- 1 were put down on . the counter by Mr ,o'Copor. I asked, was I to take that as a decided answe^ und he said, Yes. JL took the two documents up ans was

about to put them into my pocket. He told me to leave the voucher, but might take the detail- d account. I refused to lea*e it, whereupon he said he would give ma in .charge. He did so, and the document was taken from my hand by Servant McM<nn/ I j did not give it np of my own acconnt. It was put on the table at the station. I did not sec it afterwards. The constable acted npon Mr O'Conor'a orders. Cross-examined : I was appointed overseer on the Hope road by Mr Dodson in May last I firßt cime to N. lson after th-»t on the 21st June. The next day I saw Mr O'Conor. I told him I had come for an advance for th>* cont-actors agreed to by Mr Dobson. He •asked me if I had aay order to recei re the money. I said n<>t for the whole amount. I do not remembtr producing a certificate signtd by myself stating that the work was done. He asked me if I had any authority to sign tbe vouchers for the contractors, [His Worship here refused to take aay further evidence as to the correctness of the claim stated in the voucher.] Mr O'Conor eaid something to the effect that I was to remain on the road overseeing the work and not to mix myself up with the money put of the contracts. I at the same time gave Mr O'Conor to understand that 1 looked upon Mr Dobson as my maat r,as he had engaged me. I can't remember whether I intormed Mr Dobson of what had taken place between Mr O'Conor and myself. I think I said something about it. I think the voucher is filled up in my brother Arthur's handwriting. He is an overseer on the roads near Westport. He is working under Mr Dobson and sometimes acts in the capacity of his clerk. The voucher that was lost I had never seen. I did not take it to the office. . It was for. £4. 4s, and was payable to my brother, Wi Knyvett, for taking my place while I came to Nelson. Mr Lightfoot was - the proper officer to certify to these vouchers, or, in r bis absence, by b isorne gazetted officer, as I was told 'by Mr Dobson. I have sometimes certified to : a voucher for roonev due to the contractors, an » have recoived money upon it. Mr Rout returned to me the vouchers in dispute. jHe eijther put them on the desk or into my hand, I can't say which. ' When Mr O'Conor told me I w«s not t> take the vouchi r away from the office, he di 1 not say why. I don't remember his asking me -if I had seen Mr Dobson. I believe, each voucher has', to ibe tertified by a member of the Executive. Mr O'Conor did not tell me that he could not certify to the account, but would lay it before those members of the Executive who had acted during bis- absence in Wellington: Mr Hodgson waa in the office at the time I can't remember whether Nalder was there. When Mr O'Conor said what he did say he laid the papers on the counter. When he saw me taking them up he told me to leave the voucher. I can't be sure whether he said anything about it's being public property. lam sure be did not say it was part of the records of his office. . At the Police Station I took the papers out ot my pocket and separat d the voucher from the bill of particulars. MMinn took the former from me. I don't think he said anything to me. This was, about; half-past two. Mr O'Conor had gone fom ihe office to the Station without his hat. He said no hing as we were going to the Station. He did not ask me for. tho document again at tbe foot of the stairsi He said nothing before Sergeant M'Minn to the effect that the document was public property. i Alfred Greenfield : I have been Provincial Secretary for many years, and occasionally acted as Treasurer. I have frequently .seen vouchers of the form produced. JThere are two forms. One is a ; form of certificate that the amonnt is due, the other ia a receipt. Tliat one in dispute ia the .former. Those certiflotes, if payable mi ' Nelson, wculd be presented to the officer here* if payable on the Coast, to the Ward.n, wild would forward them to Nelson. During the time I was in office the practice wes for the paymaster-to send the certified citim direct to the Government ; if disallowed amemo wad writt n on them and they were returned to the Coast. The only case I remember of an individual sending in a claim was lately. One Hislop applied for a. sum for fodder. The Warden on the Coast paid a portion. Ilislbp asked me for the balance, which I refused. An account certified by the bailiff was gent in. Thi^ietter was registered in the office. 1 When the claim was refused, Hislop applied for the voucher to he returned. I was ■ doubtful whether I could retain it, so I applied to Mr Pitt, the ProvincM Solicitor, for advice, arid he' recommended me Id return it. I did sa, and the man sued on the document and received the amount. These vouchers aro giv nto tradesmen and others in batches to make out their own accounts upon them. No account of them is asked lor. I know payment on some of these vouchers has been refused, but it was always the practice to teturn them. Cross-examined : Hislop's was not aii ordinary voucher. It was simply a bill of particular?. I don't remember the Provincial Solicitor saying only that Hislop could make the Government produce the docuroentinCourt My recollection is th?t he said he was entitled to it. I did not think the Government could lepnlly keep it The ordinary course pursued when a claim is refused ia ta turn a corner dowp, write on it a reason for the refusal, and return it. George Hodgson : I am clerk in the Superintendent's office. I remember Kuyvetf; coming with the voucher produced. ' Whea he first came he handed it to me. I took it to Mr Rout, who, I think, had some conversation with Knyvett, and told him further details would be required. My impression is that Mr Rout gave the voucher back to him. I . have no reason to suppose that Knyvett took it away in an improper manner. Fout i never complained afterwards about Koyvett having taken it. I saw it again when Knvvett returned a fortnight later. He brou.ht it into the office, and aaid he had obtained the further details require., could the amount now be paid. I told him Mr O'Conor was busy then, and that he should return again in tha afternoon. He eaid, putting the voucher down, «• I leave that with you. ' I said, "It will be »ll right, it will be taken earo of " I understood his tai ticular caution was that it ehou d not be mislaid. Mr O'Conor pave me the voucher back that eveniog after the disturbance. Cross-examined: I generally have charge of the vouchers. I certainly am under the impression that Rout gave the voucher back to Knyvett on the 15th September I did not see him give it back. Where further information i egarding a claim is required in the office it is not the custom to retain the document and write for the partic ilars. I never sail in the Governme t buildings that such was the custom. Mr O'Conor told me that for the future, when minuted by a member of the Executive they must be returned. I replied, of course I shall obey your orders, but I can't take any blame for any vouchers that have been hitherto returned as it has always been tbe practice of the < _B.ce to return them. He then said, never mind what haa been the practice hitherto, jou will obey my instructions lor thefumre. I replieJ "certainly," I can give an instance of a voucher minuted by the Executive being returned. Mr Rout returned ono of Hounsell's. It was not returned because it was no', proj.erly signed I don't remember a y other instance at pre -cnt. The practice of minuting vouchers has only been currie 1 out since the present Government has bten i i office Prioi to that, the observations were made verbally. I don't remember my telliog the Provincial Solicitor that ithe practice was to write for any' explanation,' and not to return tbe voucher. When there

is any dispute about a claim, the voucher is usually tubrai ted to the Executive. When O'Cooor and K<iy vett came into the office out of the former's room, I think Nalder was present. I remember none of the words that passed between them. They were rather hotly disputing, I presume, about the account. Mr O'Conor claimed the document as a public document, and part o f the records of his office. In June last Knyvett came down for money for the workmen. There was a conversation between him and Mr O'Conor about his coming down. I think the instruct ous were that Knyvett for the future was not to be entrusted with one lump sum for the men, but must bring stamped or ters from each. He was not told in my presence not to come down again. No copy of the instructions sent to him ,were kept in the office. H D.Jackson: I am Provincial Auditor. In the event of a claim like that now indiepute being refused, the voucher would be seat back, or if the person brought it himself, it would be returned tn him. Cross-examined: It is only lately that "they .were approved by the Treasurer. Ii don't renumber that any voucher, under the present Government, minuted by a member of the Executive, has been returned. This concluded the case for the plaintiff. Mr Pi'.t then called for the defence, William Bout, who said : I am a member of the Executive I remember Knyveit bringing two vouchers in July last, one for wages, and the other for traveling expenses. One was paid ; on the other is an endorsement in my hand writing requesting Knyvet to furnish particulars. He took the high hand, and I told him he would not get paid * imply because he was bbuncible. I wrote the memo and left the voucher on the desk. I did not give him the voucher. I dii not see him take it. I should not have thought of giving it to him. Eugene Joseph O'Conor : I am Provincial Secretary and Treasurer. In June last Knyvett came to me in my office with some vouchers and cheques, which he said he did under Mr Dobson's authority, to take the money for payment. Sonic of the vouchers were signd by himself as overseer! He afterwards brought them signed by Mr Ligtitfoot. I asked him on whose behalf he came, he said, on the Governments, and I said I could not allow him to take lump sums of money in that way. He said what position would that place him in as he or his brother, who was keeping a store, had advanced the money. I told him he was placing himself in an anomalous positi n, us he was overseer and interesting himself iv the con traces, and that he must repatn ;,aiii«i look after his work.:; He went away, leaving in the office vouchers signed by Mr L'ghtfoot, with instructions that the contractors were to call for the money. I had no futther conversation wiih him until Tuesday last, when Hodgson came to me with the voucher in question, to obtain my initials to it. a bill of particulars accompanied it I found it bad been before Mr Kout, and that the bill was attached in compliance with" his instructions. In looking over the account I had reason, to believe there w^s something radically wrong, not only with the details, but with Mi* Dobson's signature. I remained in my room a few minutes examining the account, and then took the papers ouc tj give to Mr Hodgson, to be placed before the Executive. In the pjssage I met Kayvett, aad asked him how it wa3 he still per isted iv coming to town anil incurring expense fur the Government after I ha>i given him-' -my' instruction?. He replied that he hid contrary instructions Irora Mr Dobion I aaked him if they were ia writing, lie said ' No." I asked him if he had received instructions from Mr Dobson since those I had given him. He said "No ;" also, that he had not seen Mr Dobson since. I then saidj « Well, I cannot certify to this but I. will have it laid before the Executive." I then put them on the counter. He asked me did that mean that he was not to get the money. I said, not necessarily so, but that it must be inquired into. I turned to go back to my room, when I saw him coming forward and putting his hand upon the papers. I said, "You can't take them away." He replid that he would, and put them into his packet. He then stood at the head of the stairs, and I went towards him and told him B gain, they were public documents forming part of the records of my office, and that he was not to take them away, but that if he desired I would allow him to withdraw the biil of particulars, but the ..voucher, must .remain. He Went away with them. I told him I woull call a policeman, and he volunteered to go- for one. At the foot of the stairs I said again, " Don't act foolishly, that is a pub ie document, and you can't Uka it away." He answered in a jeering manner that he would go; for a policeman. I went to the Station and he accompanied me. I again remonstrated with him, and askiid.him togiyeup the document, which he refused to do. When we got 1 to ihe Station I spoke to M'Minn, who invited us in, and Knyvett took the paper out of his pocket and handed it to M'Minn. I left the station and afterwards returned for the document. I claimed to be the lawful guardian of the document on behalf of the Government. I was at the time actiog in my official cap i city as Provincial Treasurer and Secretary. The document has not since betn considered by the Executive with a view to payment. It is not the practice of the office to part with a document minuted by a member of the Executive. The history of a document is often contained in those minutes. Mr Fell declined tj cross-examine the witness, not because he admitted the correctness of the evidence given by him, but did not see that it in any way bore upon the point at issue. „..,.. John Nalder: I am employed in the Superintendent's office. Oh Tuesday afternoon I saw Mr Knyvett there. Mr O'Conor aud Mr Hodgson were also there I heard Mr ( i'Cooor speaking to Mr Kuyrett. It wa* not a particularly angry conversation. I do not know the purport of it, except that it was in connection with a voucher. I remember Knyvett being in the office last June, and Mr O'Conor telling him .something about certifying to the vouchers.. This concluded the evidence. ; Mr Prn then addressed the Bench for the defendant, arguing that Mr O'Conor was not the proper person to sue, as he had acted in his official capacity as Treasurer, and, after obtaining the document, had lodged it in the Government offices, consequently the Superintendent was the party to sue. He also contended that the plaintiff must prove the voucher to be his property, which had not been done, and further stated that the document bad been fraudulently obtained by the plaintiff, lie having suppressed the instructions given to him by Mr O'Cunor from Mr Dobson, who had consequently cer ified to the claim, under the impression ihat Kuyvett was acting under his original instructions. Mr Fell having replied, bis Worship said that he should reserve judgment until Wednesday morning. (For remainder of News see fourth page.)

<Ttie sitting of the Court of appeal of c New Zealand haß been fixed for No- 1 vember 9. i At a recent ploughing match at " tl^n^a. comb and brush, given by essrs Wood Bros, Chriatchurch, was l awarded as a prize for the worst groomed borse, ■\ ' ■ The following extract from a police court report in the Southland Times ef the' 14th inst., speaks for itself: — Mary Goff, a Carrick Castle immigrant, was charged with using obscene , language at the old immigration barracks, Esk street. Accused, who had appeared in Court before on a charge of drunkenness, said, touching the present case, tbat she was 'just speaking to her husband for his good as be waa drunk. She might aay that she was drunk too.' Inspector Fox stated that the immigrants ia the Esk street barracks led a dreadfully degraded and drunken life. Government had no one in charge of the barracks; if they had, immigrants coming home drank could 'be locked out, and they coqld then be dealt with by the police. Ab i things were, however, they were -otiiitfnaHy drinking, swearing, and fiihtiqg, an<J it was difficult to know ow to deal with tbem. They did very little work, and whatever money they made was spent in buying intoxi- ; eating drinks. Prisoner said sbe had &ljs* riufrj&ay'a work since she came to jtf^pl_£<-v> Having been fined 40s, or Jen day-A imprisonment, with hard ' labor,' she withdrew, exclaiming, with ftVstropg Jrlsh accent, 'Thank your ' A meeting of shareholders in the Hokitika and Greymouth Tramway Company was held on Tuesday even- : iijg ait.lbe Poßt Office Hotel, Hokitika, jor-tbe purpose of taking steps to raise funds to., prosecute the appeal against : ithe latp decision of his Hooor Judge ■Ricnmondj whereby the verdict of the |ti rjj /in the action tried at Nelson was t upset. .:.•'[ Fully y three-fourths of the; shares were represented, and measures were agreed on, whereby the requisite funds will be obtained. 'V On tbe subject of tbe railways at! •present bein^ laid down io the colony, I Mr Rolleston, tbe Superintendent of; Canterbury, recently made eome remarks in his address to his constituents' are worthy of the consideration i 'of the colony at large. He said :— ; "There is a point in regard to these 1 Railways, which we in Canterbury bave yttf great cause to be nervous ".about, 1 'and that 7is j. whether we are really; -patting down railways at all — whether, they are not tramways more- than anything elaeV I believe myself that the jßjrstem of railways now going on will not answer the expectations of the' people — tbat they aro a system of toy railways, Tto' be re-made, and in respect of which we shall expect a recurrence, not .only of prime cost, but a large increase- in' working expenditure as "coG-p-red with the really good permanent ways we have pu t down." -M'jr* *-<„. ( - . , r It is stated, says tbe Register, that Mr Stafford ia about to visit England. It is also stated that Mr Fox is not unlikely to resign his seat for Raagitikei, and purposes paying a visit to the old country. It only requires (hat oMrAWaterbouse should follow the ex- , ample, and New Zealand would for the time be lelt without a Premier or an ex-Premier. H/*A* -*?•?. example of "a well-placed famjty" Aho_ S'ew York Herald gives tbe following : — *' There is a rumor "fiiat-the^Crown Prince of Holland will marry i|ie Princess Thyra, a sister of tbie^nnce-'s of Wales. This will in the course of nature make tbe Princess Qaeen of Holland. The King of Deoroatk, her father, is one of the monai;chß in Europe, and has -ppr nape $e smallest kingdom. He has done remarkably well with his large family. One daughter will probably be Empress of Russia, tbe other Queen of, (England. One son is King of 'Greece, another will be King of Denmark, and now another crown comes •fntV' his family. To have children reigning over England, Russia, Greece, (Denmark, acd Holland, is a great achievement in the way of honor and power. Scarcity op Meat on the West Coast.— Tbe G. R. Argus of Thursday last, saye: — Butcher meat has now risen to such a price as to be to all intents and purposes a luxury instead of a staple commodity, nor does it seem probable tbat this unprecedented state of matters is likely soon to cease. Cattle and sheep are scarce all over New Zealand, pasturage is very backward, store cattle are being thrust into the market to take advantage of the high prices ruling, aud tbe extra demand "from recent immigration is telling its tale. The resources of the pastoral districts are being strained to their utmost, and naturally large towns receive the first consideration. Small towns, isolated as GreyniDuth is, have to wait untH large markets are supplied, and when served bave to pay increased priceß or want. The state of our butchers' stocks for tbe last few weeks is all exemplification of this. Butchers bave only been able to get supplies, and the saying; ja, irom hand to mouth, and .even tbat with great difficulty. Tbe wholesale prices have been simply ruinous to thero, averaging as they have done from 60i to 70s per 1001b. The/sale on Tuesday last, at Araburu sale yard, realised all if not more tban these prices — cattle selling at from £17 'to £29 per head. When such prices }as these are paid by the retailer, and the expenses of driving added to them, as well" as tbe foss incurred in ratting

)ut, the profits made must bo nil, while bbe loss made is certain, because tbe retail rise in price is said to be as yet j aot sufficiently commensurate with the I wholesale rise. So great was the scarcity of meat on Wednesday in Grreycnoutb, that two of our principal botchers closed their shops, while the other three were entirely emptied. An American newspaper, called the Pittsburg Republican, having received 1 a copy of the Auckland Weekly News, j is of opinion tbat that journal rivals 1 tbe London Times and New York I Tribune, and further says, speaking of ' New Zealand : — "Tt is one of the j wonders of the world how those lonely islands have emerged from barbarism into a condition of such civilization and enligbtment." According to a pamphlet circulated in Sydney, almost one-half of the cbildren of New South Wales are receiving absolutely oo education at all A calculation made in the United States proves that the value of each immigrant landed in good order is worth £166 13s 4d to the country. English Synonyms.— -The copiousness of the English tongue, as well as tbe difficulty of acquiring the ability to use its immense vocabulary correctly, is wel! exhibited in the following array of synonymous words, which if not anew, are yet capital illustrations of the nice distinctions which characterize so many of our vocables. It is no wonder that we slip occasionally, even the wariest of in. A little girl was looking at a picture of a number of ships, when she exclaimed, "See, what a flock of ships !" We corrected her by saying, that a flock of ships is called a fleet, and tbat a fleet of sheep is called a flock. And here we mny add for tbe benefit of the foreigner who is mastering the intricacies of our . language in respect to nouns of multitude, ihat a fiock of girls ie called a bevy, that a bevy of wolves is called a pack, and a pack of thieves is called a gang, and a gang of angels is called a host, and a host of porpoises is called a shoal, and a shoal of buffaloes is called a herd, and a herd of children is called a troop, and a troop of partridges is called a covey, and a covey of beauties is called a galaxy, and a galaxy of ruffians is called a horde, and a horde of rubbish is called a heap, and a heap of oxen is called a drove, and a drove of blackguards is called a mob, and a mob of whales is called a school, and a school of worshippers is called a congregation, and a congregation of engineers is called a corps, and a corps of robbers is called a band, and a band of locusts is called a swarm, and a swarm of people is called a crowd, and a crowd of gentlefolks is called the elite, and the city's thieves and rascals are called the roughs, and tbe miscellaneous crowd of tbe city folks ie called tbe community, or the public, according as they are spoken of by the religious community or the secular puhlic— American Educational Monthly.