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New Zealand Times, Volume XXXIII, Issue 5504, 16 November 1878, Page 2

We do not weary of giviug a-smtance to the Grovernment in the matter of official advertisements. We have in view iu doing so the intee rests of our subscribers and readers, who have as good a right, as forming a tolerably largaection of the people, to that kind of information about projected public works, as that .ection of the people who read only the subsidised journals or the Ministers' own paper. In another place there will be found some official advertisements inserted on our usual terms —" gratis." His Excellency the Governor and suite arrived by the steamer Hinemoa yesterday afternoon from Lyttelton. The s.s. Hero, which sailed from Auckland on Saturday for Sydney and Melbourne, was the bearer of six boxes of gold, containing 61900z5., of the value of £25,688 125., shipped by tho Bank of New Zealand. The Court of Appeal continued its sittings yesterday, and argument was resumed in the case of Morriu and another v. Kissling. Mr. A. Whitaker, on behalf of the respondent, submitted that the appeal must be dismissed on the following grouuds :—l. That this is an action not to enforce a trust of lands alleged to be created or declared by the parol agreement of the parties, but is an action for relief by a principal against his agent in respect of a fraud by the latter, committed in his fiduciary character of agent, in which case the Statute of Frauds does not apply; or, as has been said, this Court " will not allow the Statute of Frauds to be made an instrument of fraud." 2. That demurrer is not the proper way in which this question can be decided. After hearing Mr. Whitaker at considerable lenjrth, and Mr. He3kcth reply, the Court reserved judgment. The Court then adjourntd until Tuesday next, at 11 a.m.

At the NatTvs Lands Court yesterday the case of the Taupo Block, Porirua, the ownership of which \Vi Parata is contesting with the descendants of Te Kauparaha, was mentioned. It appeared, however, that the Court had no jurisdiction at present, for although the order for a certificate of title had been made in 1875, the certificate had not yet been issued by the Chief Judge. Dr. Buller, who appeared for Wi Parata, said his client's interests should not be prejudiced by the lachea of the Chief Judge, caused either by carelessness or a press of work, and he applied that the case might be set down at the bottom of the list, so that in the event of the certificate being at once issued the case could come before the Court at its present sitting, otherwise there was no telling when the matter would be settled, because it was very probable the Court would not sit in Wellington again for another two years. Mr. Bell, who appeared on the other side, raised a ouestion as to whether the Court could deal with a case, either by adjournment or otherwise, when it was admitted that there was no jurisdiction. Br. Buller said if the case had been gone into that objection might hold good, but as the case had not been opened he apprehended the Court would not exceed its power in adjourning it fer a time. After some discussion the case was adjourned. In some subsequent cases Br. Buller preferred a request that the Court should for the convenience of the parties take the hearings at Porirun. Messrs. Bell and Gordon Allan objected, but after some discussion the Court acceeded to the request. A sitting will be held at Porirua, commencing on 14th December, a sitting having been arranged to take place at Otaki in tho,morning, commencing on 2nd December.

A strange occurrence ha* been reported to us from Kaiwarra. Yesterday afternoon a Mr. Aplin, a dairyman on the old Poriruaroad, sent a man in his employ to hunt up some cows, and as he continued absent for a longer time than was anticipated, Mr. Aplin went in search of him. He found the cows in a paddock owned by a man named Kells through which it was necessary to drive the cattle on their homeward way, and in one corner of the paddock saw two men standing together. These he found to be his servant aud Kells. The man said, " Kells will not allow the cows to go through here." Kells added, " No, there is no road here." Aplin explained that he had been in the habit of taking the cows through the paddock for the last eight years, and that whatever was to be done in the future they must be brought through on this occasion. Kells said they should not be taken through. Aplin moved as if he were going to take them through by force, when Apliu's man eaid, " Look out, he has got a pistol." Kells immediately pointed a pistol at Aplin's head and said he would shoot him. Aplin seized a rail as if to strike Kells, and then quicklydropping it, closed upon him and succeeded in disarming him. On examination, it turned out that the pistol was not loaded, but it was capped, aud outwardly bore all the appearances of a loaded weapon. Our informant stated that Aplin intended to. report the matter to the police, with a view to legal proceedings against Kells.

The first sitting of the District Court was held yesterday. The Judge and barristers, and even the officers of the Court, appeared in wig and gown. Mr. Manaford and a jury were occupied all day with the first and only case on the list, Hall v. Birch, which resulted in a verdict for plaiutiff, leave being reserved to plaintiff's solicitor to move for a nonsuit on technical grounds. After the verdict had been delivered, the nonsuit point was argued, and the Court reserved judgment. Mr. Samuel appeai'ed for plaintiff, and Mr. Ollivier for defendant. The old Provincial Hall, as we have previously- stated, has been fitted up as a Court. We would, however, suggest that some kind of matting be obtained for the floor, as when anybody is walking about it is almost next to impossible to hear anything that is said. The wind and dust of yesterday were more severe than usual, the " oldest inhabitant" when appealed to of course declaring that in the whole course of his experience he had not seen the like before, &c. But an idea of the force of the galo may be gathered from the fact that two birds were kdled by being knocked against building in the centre of the city. A sparrow flying in Featherstrtn-streot was caught suddenly by agust, blown violently against one of tho stores, and dropped on the street immediately quite dead. About an hour afterwards one of the recently acclimatised minahs, whioh was perched on the iron which suimouuts Mr. 13. W. Mills' establishment in Hunter-street, was taken up by the wind and dashed against the parapet. It recovered itself and attempted to fly, but fell into the road. After a minute or two a passer by' approached it, when it made another attempt to rise, and was this time caught by the wind aud hurled against the Athenteum with such force that in a few minutes it died Outsiders should feel respectful admiration for Wellington "blowing " after this.

Mr. B. J. Duncan sold yesterday afternoon, at lua auction rooms, Panama-street, the following sections in tho heart of tho town of Foxton:—Lots 1 and 2, OOffc 6iu. frontage, A. Moinet, £i 10s. per foot; lot 3,33 ft. Bin, T. Mills, £4 ss. ; lot 4,33 ft. Bin., T. Mills, £5 53.; lot 5,35 ft. Bin., A. Moinet, £i ; lot 6, 35ft. Bin.. D. P. Davies, £3 sin.j lot 7. 35ft. Bft., R. J. Duncan, £3 ; lot, 8,35 ft. Bin., T. Mills, £2 15s ; lot 13, 35ft, T. Mills, £2 10*.; lot 17, 33ft. Biu., T. Mills, £3 35.; lot 18, 33ft. Bin, T. Mills. £3 6s. ; lot 19, 66ft, A. Moinet, £1 ; lot 28, 33ft. Bin., A. Moinet, £3 ; lot 29, 33ft,, A. Moinet, £3. There is little doubt but that the purchasers at this sale will reap a great reward, as it is reported on very good authority that Foxton will be declared a port of entry, and will thus open up the whole of tho Manawatu district to all the neighboring colonies.

It is said that Queen Viotoria the_ other day inadvertently explained her partiality for her present Prime Minister by remarking : " When Mr. Gladstone was my Prims Ministerj he was always telling me his opinion and the opinion of the country. Lord Bsaconsfield asks for tho opinion of his sovereign."

Daniel Toohill, batcher, of Wellington, yesterday tiled a declaration of insolvency. The Divorce Court will sit on Monday next. There ure three cases for hearing, and one for a rule absolute.

Mr. N. J., Isaacs yesterd-iy sold the premises lately occupied by Mr. TruemaD, corner of Abel Smith and Gobi streets, to Messrs. Samuels and Co , f r £17'25. Mr. Hutchison had a successful meeting at Newtown last evening. He repeated his previous speeches with slight variations, and was accorded a vote of confidence and aupport.

A preliminary inquiry was held yesterday before the Collector of Customs relative to the wreck of the barque Carlota at Port Nicholson Heads. A report appears in our shipping columns.

Mr. J. Pc Hydes and his burlesque troupe arrived by the steamer Taiaroa night. The troupe open here iu the Theatre Koyal with Mr. Bates, due notice of which will be given.

** The election for an auditor of the Equitable Building Society, on a scrutiny, resulted as follows:—W. .H. Warren, 161 votes; J. W. Stevenson, 160 ; G-. M. Kebbell, 33. Mr. Warren therefore won by one vote. It will be seen by our advertising columns that the Phconix Insurance Company, of London, have withdrawn their business from New Zealaid, and that Mr. Graham, solicitor, Auckland, and Mr. J. H. Wallace, Wellington, are appointed to close up the business of the company.

The Kelly and Leon Minstrels, at the Theatre Royal, continue to attract large and appreciative audiences.' To-night there will be a fresh Offered, and Mr. Leon will appear as the bride in the opera bouffe entitled " Rose Michon." The season is rapidly drawing to a close, and those who have not yet seen the company will do well to remember the fact that their stay in Wellington is limited to only a few more evenings. Madame Tasca gave her farewell musical recital at the Imperial Opera House last night, but the house was not nearly so well filled as the merits of the programme entitled it to be. Notwithstanding the discouraging influences of a small attendance, Madame Tasca and the lady and gentleman by whom she was assisted performed with great spirit, and the encores were cheerfully responded to. The audience was certainly most appreciative, and seeing this Madame Tasca responded to their wishes for repetitions in a very graceful manner. ■The Wanderers and Rising Star cricket match will not come off on the Basin Reserve to-day. Owing to the recent rain the ground is not yet in a fit condition to permit the match to be played upon it without serious injury to the new turf. We understand that by next Saturday the sward will be well sot, and it is hoped the above match may then come off. The ground appears to promise to be very level, and the new wicket is confidently expected to be one of the best ever yet seen in VVellington. A little delay will be to the ultimate benefit of all concerned.

An important discovery of graphite or blacklead hag just beeu made ia the back couutry of this province. Tho Colonial Laboratory has received specimens from boulders found iu a creek, and they prove to be the purest and most compact samples yet discovered in the colonies, and quite equal to the best quality of graphite which has made Borrowdale, iu the old country, su famous. As an article of commerce the graphite is of great value, bat its value is considerably enhanced by the fact that its presence indicates tho existence of coal of the older formations in close proximity. For various reasons it is not deemed advisable to be more precise as to the locality of the deposit. "Respecting a copper discovery at Auiseed Valley, Nelson, Mr. Hackett, late of the Geological Survey Department, and who came out from Great Britain as miuingdirectorof the Dun Mountain Company, writes as-follows : —" The native copper discovery iu Aniseed Valley is a most important one. There is a regular stratum of serpentine impregnated with minute specks of native copper, f u some places the roc!: is solid and hard, and in others it is jointed with curved fissures, but all showing the metal when freshly broken. It is the moat important mining discovery ever made in New Zealand. I need not tell you that stone yielding 5 per cent, is as valuable, even at the preseut low price of copper, as quartz yielding 1 oz. of gold to the ton, By way of calculation, any 5 per cent, or 1 cwt. of copper to tho ton, is worth say 755., which is more than the average value of 1 oz. of gold. Dr. Wallis, in a recent speech at Auckland, as mpoited by the Auckland Hcrablat the 9th, stated that the people of New Zealand had now a debt of 22 millions ; the debt on every person, man, woman, and child, being £7O. In Franco the debt was £32 per head, in England £24, in Spain, £l7, in Austria £9, and in Russia only £3 or £4, while in New Zsalaud it was £7O per head. It might be considered unfair to compare a new country like this with old countries, but he would take the neighboring colonies. In Queensland the debt per head was £35 ; in New South Wales, £2O ; and iu Victoria, £l9. In the Financial Statement our debt is sot down at £20,900,000. Our population by the last census exceeds 414,000; our indebtedness is, la round numbers, £21,000,000 ; this, if worked out, gives a total indebtedness of £SO 155., and not £7O per head. Dr. Wallis should be more careful in his figures, which are calculated to mislead people, and to damage the credit of the colony. The following particulars about the diamond drill, from a Victorian paper, will be of interest: —The Ca3tlemaiue drill is working eight hours per day. At four o'clock on Thursday, after being at work about nine hours, it had got through about 60ft., and was then in blue slate. Speaking of the working of the drill, the M. A. Mail says :—lt hag scarcely taken up any core, as all soft material washes away, and is discharged in a solution in a continuous stream at the surface. It is only where rock is struck that it is preserved. The rods have only twice been raised to take out the core, and when the tube was examined on Thursday there were but about a couple of inches of hard slate, impregnated with iron, broken up in it. The Representative complains that working the drill only eight hours in the twenty-four is an absurdity, as the whole thing is of such a simple nature that an ordinary mechanic could master its details in a very short time.

In speaking of the transmission of news during the session from Auckland to Welliugton by special wire, the Auckland Weekly News Sl ws:—On no occasion was there any accident preventing the transmission of news. Each night we have received between 6000 and 7000 words, sent at the rate of between 30 and 35 words per minute. It is only due to the Talegraph Departmant to say tint every exertion has been made to send the work through speedily and correctly, Dr. Lemon, the geuoral manager, having given the services of the best operators at both ends. At Wellington, Mr. Louis F. Clayton, one of the best " senders" in tho service, has done nearly the wh >le of the transmitting, up till within the last few days, when he has been ill, which has beeu caused by the arduous and continuous night-work he has had. Onr Wellington correspondent has received every facility that could possibly be rendered to him. At the Auckland office, the operators have been Messrs. Martin, Titcheuer, Bloxsome, E. Clayton, and Salmon, M thorough experts in the art of telegraphy, and to whom, as well as to Mr. It. A. I .usher, officer iu charge of the Auckland branch, our cordial thanks are due.

So much has beon said and written about the " squattooraoy " of Victoria that tho present position of aifaira, as set forth in tho following • xtraet from the Melbourne Argus, will probably be new to «ur readers: —Aa a "Victorian Barrister " points out, " tho truo bone of contention is not the public lands of the colony, but the private lands, which havo fallen iuto the hands of individuals under solemn contracts with the State." The land tax was avowedly designed to " burst up" largo estates lawfully acquired, not simply to prevent additional aggregation. As every one knows, the public lauds of tho colony aro open under easy conditions to all who like to take them up. Squatting, as it once existed, is completely dead in Viotoria. The estimated revenue frompastoral occupation during the year 1878 -9 is only some £lll,OOO, and even thissmali sum must be rapidly decreasing. The Saturday Review, in writing on the subject, argues as thougn tho whole of the lands of Victoria were held under a squatting tenure, which a virtuous democracy is endeavoring to have changed when the leases shall have fallen iu, two years hence. Our contemporary will perhaps be astonished to hear that out of the 33,446,720 acres which this colony contains, after deducting'the area put down as useless for settlement, 22,481,393 acres had either been alienated or reserved for roads and other public purposes up to tho end of 1877. This left about 11,000,000 acres (since very materially reduced by selection) available for pastoral occupation, subject, however, to tho encroachments of any settlers who might choose to apply for the choicest spots,, '

There was u<» business to occupy the attention of the Resident- -Lagistrate's Court yesterday.

There was no attendance of creditors at the meeting called for yesterd *y in the estate of Daniel Burn, tinsmith. Mr. Berry was appointed trustee by the Registrar. A novelty in driving whips has just been introduced hy Mes-rs. (J. ami J. Zair, of Birmingham, which, on bi-comiu_; better known, cannot fail to be highly appreciated. The material is composed of Malacca cane, with a steu! lining, thus combining lightness and elas ticity with great durability. The whip is made in two patterns, and being finished in black color and highly poli-hed,it has all the appearance of solid whalebone. A deputation was received in Melbourne recently by the Minister for Lauds who desired, on behalf of pastoral tenants in the mallee country, to enter their protest against the provision in the Rabbit Nuisance Suppression Bill empowering local bodies to strike a rabbit rate of 2d. per acre. They pointed out that it would be impossible for pastoral tenauts to face ft charge of 2d. per acre with only an eighteen months' tenure of the laud, the charge amounting, in fact, to more than double the assessment of their runs. There appeared to be a general consensus of opinion that to exterminate the rabits in the mallee country was an impossibility, and Mr. Attonhorough asserted that to keep the rabbits down would entail an expenditure of ss. per acre. The rabbit nuisance required to be dealt with immediately, or in a short time the rabbits would render all that district useless. He believed that a great part of the mallee couDtry was worthless. The surveying purty engaged on the survey of the railway to Wentworth had gone through forty miles of this mallee country without seeing a blade of