The Evening Mail. SATURDAY, JANUARY 26, 1878.

Oamaru Mail, Volume II, Issue 542, 26 January 1878, Page 2

The Evening Mail. SATURDAY, JANUARY 26, 1878.

A sitting of the District Court will be held on Monday morning. The only business to be brought forward, we believe, will be the delivery of his Honor's decision on Mr. O'Meaghers motion calling upon Mr, Jas. Scoular, trustee in the estate of Thomas Hilliker, to refund certain moneys to the creditors, alleged to have been wrongfully paid away by him.

We would remind parents that the whole of the pnblic schools in Oamaru will be reopened, after the Christmas holidays, on Monday. Under the provisions of the new Education Act every child between the ages of nine and fifteen years is entitled to free education. Parents should therefore see that their children attend some school, and if possible reap the benefits to be derived from a system towards the maintenance of which all classes have to contribute.

A special meeting of the Oamaru School Committee will be held at the secretary s office on Monday, at II a.m., for the purpose of considering the annual report to be submitted to the meeting of householders the same evening.

The monthly inspection parades of the Hampden and Otepopo companies of Volunteers were held on Wednesday and Thursday evenings last, and each company turnrd out in strong force. Serg -ant-Major Macpherson put the men through a number of evolutions, all of which were performed in a highly satisfactory manner. Captains Murcott and Diehl are working hard to bring their companies up to the standard required by the new regulations, and success seems to be attending their efforts, a large number of new members having, we believe, been enrolled in both companies. It is pleasing to find tiiat instead of being the means of causing the disbandment of some at lea=t of our Voluntaer companies, the new regulations have apparently infused fresh life into volunteering. It is to be hoped that the town companies will follow the example of their country brethren in arms, and place themselves on a proper footing. If they do not do so without delay the Oamaru Volunteers will find their military services dispensed with.

A case possessing some interest to farmers .mil others was heard at the Resident Magistrate's Court yesterday morning. Mr. William Young brought an action against Mr. Alex. Stewart to recover the sum of L 23, being the amount of a guarantee given at the sale of some horses belonging to the defendant on the 28th April, 1874, that a certain mare named Kate was in foal to Prince Imperial. Mr. flislop appeared for the plaintiff, and Mr. O'Meaglier for the defendant. The evidence of the plaintiff went to prove that lie had bought the mare in question at a sale held by Messrs. Fleming and Hedley, a condition to the purchase being that if she did not prove to be in foal to Prince Imperial, the defendant was to return the sum of L2O to the purchaser. He had paid L 63 for the mare in consequence of the guarantee, and produced the receipt given for the purchase money bearing the following words:—"ln foal to Prince Imperial; L2O to be returned it the mare be not in foal." The mare proved not to be in foal, and the plaintiff applied to the defendant's agents for the guarantee money, the defendant being absent in England. In cross-examination the plaintiff atatcd that he had used the mare for ordinarv farm work, and allowed her to depasture in a paddock at Ardgowan, but she had not been regularly stabled. She had been constantly attended by a man in his employ. The mare did not have a foal, but he enuld not swear that sne was not in foal when the sale took place. He He would certainly have known it if the mare had slipped her foal. The ralue of the mare would have been about L 45 if she h id not been guaranteed in foal to Prince Imperial. The plaintiff remembered defendant visiting him shortly after the sale, and saving that he wou d not guarantee the mare in foal, and offered t<» take her back and return the purchase money. This the plaintiff would not agree to. It was aftsr he had received the receipt that the defendant disputed the guarantee. Messrs. Fleming and Hedley were called to prove

that the guarantee •was given by the defendant's instruction, and the plaintiff also stated that he heard the defendant tell Mr. Fleming that he would give the guarantee. Mr. Fleming stated without the guarantee of being in foal the mare would have been worth about L 45 or LSO. The evidence for the plaintiff having been concluded, Mr. O'Meagher contended that the plaintiff should be non-suited, raising several points in suppoint of his contention. Some argument took place, after which his Worship decided to proceed with. the case, and reserve the points raised. • The evidence of the defendant was to the effect that he had not given the auctioneers any instructions to advertise that any of the mares were in foal. He denied that he had ever given any guarantee with the mare, and said he would not have sold her for the price with the guarantee. He had paid L6O for the mare in the month cf June or July previous to the sale. He had never given Messrs. Fleming and Hedley any instructions to give a written guarantee with the mare that she was in foal. Two witnesses were called for the defence, the chief point elicited being that they were present at the sale and did not hear the defendant instruct the auctioneers to give the guarantee, as alleged on behalf of the plaintiff. His Worship reserved his decision until Tuesday next. The case was not concluded until a very late hour, having occupied nearly the whole of the day.

The usual weekly drill of No. 1 Company 0.R,V., was held last evening. Lieut. Headland was in pompiand, and there was a very fair muster, there being 22 all tojd on. parade. This is, we believe, a decided improvement upon the usual run of attendances at ordinary drills, but a great deal requires to be done to place the Company in the position it should occupy as the senior Company. The staff instructor put the Company through ail hour's smart drill, the various movements being performed in good style. At the Resident Magistrate's Court this morning, before T. W. Parker, Ksq., R.M., William Pox, for being drunk and disorderly in Thames-street last night, was fined ss. We understand that Patrick M'Cusker who was yesterday sentenced to three months' imprisonment for being an habitual drunkard, will be forwarded to the Dunediii gaol on Monday by the steamer Samson. We are unable to present our readers with a report of the interesting proceedings at the Oddfellows' meeting of last night, our representative —for reasons best known to the gentlemen upon whom devolved the management —not having been present.

A meeting of Volunteer officers was held to-day at Mr. Sumpter's office for the purpose of making arrangements for the firiiiL' by the different companies for the prize money given by the Wnvevnment. .Major .Steward occupied the chair, and there was a large attendance, every company being represented. The money was divided into prizes, the dates on which each company is to compete fixed, and the general c> liditions arranged. Full particulars will be given in advertisement.

Some mischievous persons —for their must have been more than one—have seriously interfered with the Government sherp dip situated a mile or so beyond the northern Town Boundary. They have removed the gates from their hinges, and thrown them, along with the cover of the boiler, into a deep pool, and so damaged the pump, by carrying a piece of the piping away, that it is absolutely useless. r J hey have also danced a fandango on the galvanised iron stage, for the nails have sprung, and the sheets of iron have become luo ened in a manner that bears evidence of some terpsicoiean devilment. If the perpetrators had been caught in the act, a dip in the water of the tank, charged With sulphur and tobacco, would have been perfectly justifiable and salutary. The police are making enquiries, with the object of bringing the larrikins to justice.

The necessity for enlarging the railway platform at the Oamaru station is clay by day becoming more apparent. There was a time when a crush only occurred at holiday seasons, but the traffic has so increased that there is now scarcely room to move when the passengers have alighted from the Timaru and Moeraki trains, more especially on the days on which the Waitaki sails forDunedin. The cause of the crush will be apparent when it is remembered that, in addition to the passengers arriving from and South within a few minutes of each other, the passengers about to embark by the aitaki are accompanied to the Breakwater each by two or three friends. "*Ve are not aware who should take the initiative in the matter : but we presume that the station-master should have the power of deciding whether any of the appliances at his disposal are defective, and that his representations to head-quarters should receive that attention which would remedy the evil. At times, the crowded state of the platform whilst the trains are shunting and the Breakwater train is being brought up to position is positively dangerous, and gives the guards all their work to avoid the occurrence of accidents.

"Isimrod," the sporting contributor of the Saturday Advertiser, says he cannot understand why the iJunedin .Jockey Club should refuse to endorse the action of the Oamaru Club and remove the disqualification from Kishhook, seeing that the Dunedin Club followed the lead of our Club in disqualirying the horse. The last block was laid in No. 2 wharf today, and the most difficult portion of that structure has therefore been completed. The foundation consists of 21 blocks of concrete, each weighing oil an average luO tons, and the superstructure will be made up of concrete. The construction of the sides and the filling in with concrete will occupy about another three mouths. Small vessels will then have a quiet little haven to themselves, secure from all harm, with every appliance for loading and unloading.

An advertisement in another column announces that Miss Ada Ward, one of the very best actresses that has ever visited the Colonies, -will, in conjunction with the Lydia Howarde Troupe, "will give an entertainment at the Masonic Hall on Monday evening next. Miss Ward will give some of her genuine readings and recitations, and judging by the highly favourable notices which the talented lady has obtained elsewhere, we anticipate a very great treat. The Misses Howarde and Navaro require no comment at our hands ; they are already well kn«wn to the people of Oamaru as really excellent vocalists and exponents of operas-bouffe and burlesques. T\ T e hope to see the Masonic Hall crowded, for it is not often that such an enticing programme is placed before our readers as that prepared for their delectation on Monday evening.

The first meeting of householders under the new Education Act, for the purpose of electing a School Committee for the current year will be held on Monday evening. As a great deal will denend upon the jt(dicious selection of a School Committee, which will decide whether the Oamaru public schools are to be made in the future as successful as they have been in the past, we hope to see a large number of householders present. The annual report of the outgoing Committee will be laid before the meeting. Meetings fop tlip election of School Committees in the country districts will also be held on Monday evening. Only householders are eligible to take part in the proceedings, or to become candidates, and the Committees are to be elected by ballot, the chairman of the meeting to have a deliberative and casting vote. One peculiar feature in regard to the election of the Schools Committees is that every elector is entitled to a number of votes equal to the number of Committeemen to be elected, and may record the whole of his voteg for one candidate if he wishes to do so.

We have before us a copy the Australasian Slcctehei• for January '9, containing a brief notice of the Oamaru Presbyterian Church, and an entrrayjnsr of that building copied from a photograph supplied by Mr. Brown, on behalf of the Oamaru Stone and Export Company. The idea is a capital one, and might be carried a little further with advantage. A photograph of the block of new buildings in Tyne-street, with particulars as to dimensions, cost, etc., would incontestably prove the Oamaru stone to lie capable of being worked up plainly or in the most fantastic forms at a cost less than any other known stone, whilst it Is so beautiful as to create admiration in everybody. The following is the paragraph from the Shetcher \ —Our engraving depicts ft. Paul's Presbyterian Church. Oamaru, a handsome structure erected entirely of the famous Oamaru s'-one. The design is early Knilisji. and 'he building covers an aren. of 120 feet by 80, It is seated to hold 700 persons, and was erected at a cost "f T. 4,500. The architect is Mr. Thomas Forrester. The walls outside and in-idi' are smo th ashlar, relieved by carvings, and the eye -Hence and cheapness of working of the stone have mucli aided he general effect,

An announcement in another column informs us tlilit the business of the Colonial Bank will be transferred to its new premises .situate at the corner of Itchen ancl Thames streets, on Monday next. The change will, 110 doubt, be an agreeable one to the officers of that institution, the business of which liqs increased to such an extent as to render the old premises far too small to be convenient.