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New Zealand Times, Volume XXXIII, Issue 5503, 15 November 1878, Page 2

In a paragraph in our issue of Wednesday last, on the subject of the expenditure incurred on Parliamentary buildings, the writer, misled apparently by the terms of the printed Parliamentary return, fell into an error regarding the action of the Hon. thg Minister for Public Works which it is proper should be at once corrected. It appears that the written authority of the Minister was had for one item only in the long list, viz., “ Pulling down strong room and erecting foundation walls, £626," and not for every item, as was stated. The first sitting of the Wellington District Court will bo opened to-day. There is only one case on the list, that of Hull v, Birch, an action to recover possession of premises owned by plaintiff, and occupied ,by defendant, in Wingfield-street. ' ' The old Provincial Council Chamber has been fitted up very elaborately as a Court House, but all the fittings are put together by screws, and may be easily taken down. The bench, barristers’ table, witness box, jury box, reporters’ box, &c,, are all constructed of a light colored pine, and the now Court House is far more cleanly, commodious, and comfortable than tho building on _ Lambton-quay which is tho homo and habitation of tho highest legal tribunal in tho colony. A gentleman from Otaki telegraphs as follows ;—“Tho coach has stopped here. A buggie‘could cross tho river; tip water would not reach tho bottom of tho coach. That is the way the Government-mail contract is carried out.”

Mr. Hutchison will, address the ratepayers at Newtown this evening. Amoeting of.the creditors of Daniel Burn, tinsmith, called for yesterday, was postponed till to-day. It was erroneously stated yesterday that thoAttornnyrGeneral and Mr. Travers appeared for tho defendants in the case of Brigham v. Morton and others. Mr. Travers alone ap-’ puarod for the defendants. Wo again call attention to the fact that Madame Tasca’s farewell musical recital and benefit take place at the Imperial Opera House this evening, when, a very attractive programme will be presented. There was another good house at the Theatre Royal last night. The programme was entirely changed, and the different items ivt)ro as much eujoyed as those provided .previously. The same programme will be given W'idght. Tho result of the sale, of certain Crown lands in Okotuku Block, Patea (Patea Harbor endowments) on Tuesday testifies to the pi-o-gress of the district and the confidence of the settlors aa to tho future. Some three hundred acres brought £2375, nearly a hundred per cent in excess of the upset price, Mr. R. W. Cary, with Mr. and Mrs. Hart, arrived by the Manawatu yesterday. Since their absence from here they have been doing a good business. They played in the various townships on their way to Wanganui, at which place they concluded a highly successful tour. Tho Harts will not perform here just now, s but proceed to Blenheim and the West Coast. There is apparently a strong desire on tho part of Mr. Toohill to punish tho Karori-Makara Highway Board for their interference with his trade and calling lately. The Board, at tho request of a number of inhabitants, proceeded against Mr. Toohill for carrying on his business in a manner which amounted to a nuisance to' the neighborhood, but in Court the Board was defeated on some technicality. Mr. Toohill now wants his costs, and has taken out a writ against the chairman. No doubt inhabitants of the Mount Cook end of the city will be glad to hear that the magazine, of which some persona feel afraid, is , going to be removed immediately. • The site originally chosen on Point Jerningham was found to be too exposed, and it has been decided to excavate a portion of the hill and place the new magazine in the cavity. The precise spot will be fixed in a day or two, and the work of erecting the building will .be at once proceeded with. The Hutt County Council yesterday vacated the offices it has occupied for two years in the late provincial buildings, and has been located in the late provincial engineer’s office at the rear. This has been done in order to afford accommodation for the District Court. There are several other officers who will have to move if the new Court House is to be utilised for the Resident Magistrate’s Court, and it is probable this will be done, as Mr. Mansford has made very strong representations to the Government as to the utter inadequacy of the present Court House and offices. A meeting of the creditors of one White, a laborer, was to have been held at the Court House on Wednesday, but it was found that the amending Bankruptcy Act of last session, which by-the-way is scarcely in circulation yet, required certain things to be done which had not been done in this case, and it was deemed advisable by bankrupt’s solicitor to commence de novo. A fresh declaration of insolvency was therefore filed. The new Act provides that when a debtor files a declaration of inability to meet his debts he ■hall serve on or post to each of his creditors a notice of the filing of the declaration, and further, shall before tho first meeting of creditors file in the Court an affidavit that he has complied with that provision. The ordinary fortnightly meeting of the City Council was held last evening. It was resolved to give Mr. Hutchens £5 towards defraying his expenses in agitating for a division of Te Aro Ward, and to give £3O to a drayman whose horse had been rendered valueless by an accident owing to the state of the wharf. It was also resolved to re-plank a large portion of the wharf. Certain explanations were given by the Mayor as to tho alleged extension of the hours of labor on the wharf. The tender of Mr. O. McKirdyfor removing nightsoil, &c., being tho lowest was accepted. New by-laws were adopted. Other matters having been attended to, the Council ‘then rose.

We have received, a copy of yesterday’s Gazette, The usual quarterly bank returns are published, to which we shall refer on a future occasion. Sundry small parcels of laud are temporarily withdrawn from sale in Otago and Auckland Provincial Districts. A number of appointments are gazetted ; also, the names of the wardens for the Turanganui and for the Featherston Highway Boards, and a declaration that the Phmuix Goldmining Company is wound up. Notice is given that applications to register the Greenland Goldmining Company and the Premier Cement Goldmiuing Company have been made. Sir George Grey is declared to be the" Minister in charge of the Marine Department and the Administrator of the Shipping and Seamen Act. The other items published in the Gazette are of local interest only. Tho Court of Appeal was occupied yesterday in hearing argument in the case of Morrin and another v. Kiasling, an Auckland case. It is an appeal from the judgment of the Supremo Court of tho Northern District upon a demurrer by the appellant (defendant in the Court below) to the plaintiffs’ declaration. The demurrer was overruled, with costs, and this decision is now appealed against. Mr. Hesketh appeared for the appellants, and Mr. A. Whitaker for the respondent. It appears thaton or about the Ith of June, 1877, the appellants retained and employed the respondent, for commission or reward, to purchase for the appellants a certain piece or parcel of laud situate in the Piako district, in tho colony of New Zealand, and known as tho Mangateparu Block ; that the said respondent accepted the said retainer, aud purchased the land as agent for aud on behalf of the appellants ; that the appellants have always been and are still willing and have offered to pay tho purchase money of the said land and a reasonable sum to the said respondent for his commission for purchasing the same ; that the said respondent, in breach of the said duty as tho said appellants’ agent, has obtained a conveyance of tho said land in his own name, and claims the said land as his own property, aud refuses to acknowledge the said appellants* right to the same, and contends that to entitle the appellants t» the relief asked for the facta relied upon by the appellants must, in accordance with tho provisions of the 7th section of tho Statute of Frauds, be manifested and proved by some writing signed by the respondent, and as it is not alleged in the declaration that there is such a writing, it must be taken that there is no such writing. Mr, Hesketh addressed the Court for four hours in support of the appeal.. Mr. A. Whitaker will speak on behalf of tho respondent at the sitting of the Court at eleven o’clock this morning.

There was a sitting of the Supreme Court in banco at 10 a.m. yesterday, tho_ presiding Judge being his Honor Mr. Justice Gillies. In tho case of Henderson v. Henderson, judgment was hold over with a view to further affidavits being filed. In the case of Hill v. Hill, in which the wife applied to have the husband committed to prison for a breach of tho injunction of tho Court restraining him from interfering with or molesting her, his Honor gave judgment, declaring the defendant guilty of a breach of the injunction, and ordering him to be imprisoned until he purged himself of the contempt, apologised for the breach of fhe injunction, and promised good behavior for tho future. A warrant for defendant’s arrest was made out in accordance with hia Honor’s judgment. In Taylor and wife v. Sim, Mr. Gordon Allan obtained an extension of timo to move of fourteen days beyond tho usual time. This was all tho business that came before his Honor. A meeting of the Waste Lands Board took place yesterday morning. Present—Chief Commissioner Holdsworth, Messrs. Bunny, W. W. Johnston, Mason, and Pearce. Tho receipts of tho month wore reported to he £l3 10s., being merely balances on account of old transactions.' The Commissioner reported that nothing more had transpired in reference to Mr. Edge’s claim for compensation for tho removal of a surveyor’s peg by which he lost some improved land. A telegram from Mr. Wray with reference to the sale of -Okotuku Block (Patoa Harbor Board 'endowment), section 353, XdOa. 2r. 28p., upset price £563 10s,, realised £1035., Section dOl, 112 a., upset price £4-18, realised , £Bl2 ; section 403, 4Sa., upset price £192, realised ,£IOB. Mr. Bunny brought forward a motion requesting tho Chairman to write to the Government for the purpose of ascertaining what funds were available for tho construction of a road to Huntorville, through the Faraokaraotu Block. Tins was carried. The Board then adjourned,

At the election of an auditor forth© Equitable Building Society last night MivSteven-’ sou was successful. The weekly meeting of the Wesleyan Young Men’s 'Mutual Improvement Society was held as u°ual last evening (Mr. W. G. Tustin in the chair), when “The Early History of Astronomy” formed the subject of an interesting essay by one of the members Next week will be devoted to an “Evening with the Newspapers,” when a large attendance-’©!;, members is requested. ! : The following tenders have been received at tho Public Works Office for tho Marmvhenua bridge contract (Awamoko branch extension) of the Waitaki-Invercargill railway.:—Accepted : Allan and Stumbles (Timaru), £2077. Declined : Barclay and Kay (Oamaru), £2117; Charles Abbot (Dunedin), £2522 ; Henderson and Fergus (Dunedin), £2655 ; John Barclay (Oamaru), £2800; John Whittaker (Dunedin), £2885 ; Blair, Stevens, and Co. (Oamaru), £3113; Meiklo and Campbell (Dunedin), £3753 ; Given and Watson (Oamaru), £4625.. Since the passing of the Milford Harbor Bill (says the Temuka Leader) a considerable change has taken place In the minds of the people of Temuka. The price of land has advanced in value, buildings of a most substantial nature are contracted for, the population is daily increasing, and tradesmen having, now more confidence’are going to work with a will. The Canterbury Times says:—“ We learn from a reliable source that a patent is being secured for a new reaper and binder.of Christchurch manufacture, which will, it is said, be a vast improvement upon all machines of the kind hitherto introduced to the public, inasmuch as it will not only be a match for tho very best reapers yet imported, but will in addition possess the much needed improvement of binding with the straw as it reaps. It is well known that wire as a material for binding is dangerously objectionable. The reaper in question, we are pleased to say, is the invention of a Canterbury man, and is being brought out under the auspices of Mr. Wilson, of Christchurch, Messrs, Laery and Campbell will soil by public auction, at their rooms, Larabton-quay, to-day, a large quantity of paper of different descriptions, 15 bales all told. The progress of tho Newtown district is very marked; land in that vicinity, since the opening of the tramway, has doubled itself iif value, and wh *n cho line is opened as far as the Newtown Hotel, which will bo shortly, the land In that vicinity will become still more valuable. Although building is very brisk in that quarter, yet there are some excellent building allotments still available. On walking up Adelalderoad we noticed a banner waving on a well-placed acre at the corner of Adelaide-road and John-street, intimating that the land is to be sold by auction on Monday next, the 18th November, by T. Kennedy Macdonald and Co., in their mart. Tho want of an agricultural population in this province was long felt. This was mainly on account of the difficulty that farmers had to cope with in sending their produce to ra *rkot; this difficulty is now overcome. The opening of the Wanganui and Foxton line of railway having connected tbo inland districts with the capital of the colony and other centres of population, tbo farmer of the Halcombe and Feildlng districts are enabled to compete with the few comparatively close to the large cities, and thus to destroy tho monopoly. The outcome of this is that small farms in the Halcombe district are much sought after. We notice that an opportunity will be given next Monday of obtaining a convenient farm, when Messrs. T. Kennedy Macdonald and Co. will offer for ; sale twenty sections half a mile from Halcombe, having frontages to tho railway and the main road to Wanganui. Ou one of tho sections there is a railway platform, which gives it facilities seldom possessed by such properties. These should find ready purchasers. It Is, wo consider, almost unnecessary to remind the public generally, and land buyers especially, that Mr. Duncan will sell this day at two o'clock, at his auction room, a limited number of business sites la the township of Foxton. The terras of payment appear very easy for all classes of buyers. A Customs port ef entry is wanted in tho district, and some surprise has beon felt and expressed that Foxton has not been proclaimed one some time ago. From its natural position, also from its being tho terminus of tho line to Wanganui, as well as from tho certainty of Its being ere long connected with Sandon, andshortly. it ishoped, with the West Coast line of railway to Wellington, Foxton is certain to attract trade, population, and capital. Plans have been extensively distributed, and full particulars may be obtained bv reference to the advertisements of the auction in another column. This day, at 2 o'clock, at the Arcade buildings, will bo sold by Messrs. Dwan and Kirton a large lot of bank stocks, insurance shares, &c. Also, allotments In Woodville. Featherston. and Foxton, and freeholds in Wellington, tho flags for a codo of signals and ship’s findings.