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Patea Mail, Volume IV, Issue 348, 17 August 1878, Page 2

Another matter of importance to Patea, ami more especially to Carlyle, requires almost immediate attention, and that is the direction of the railway line. Unfortunately the railway track so far, appears to do little more than skirt the coast It is undoubtedly best that railways should strike inland for the purpose of opening up as much new country as possible, having branch lines, or sweeping round to ports where convenient. With the grand prospect opening to the County through harbor works now in progress at the Patea Heads, we think it would bo a mistake for Carlyle to be left out in the cold, and would also bo a mistake as regards traffic returns on completion of the line. Surveyors are now approaching the Patea River, and may not take into consideration—may not even be aware of tbo capabilities of our river—and may, therefore, pass us by without a thought. It would pay the community to engage a qualified surveyor to explore for a practicable line between Waverley or Whenuakura to Carlyle. If such was discovered, the Government surveyors might be asked to inspect and judge for themselves, and decide accordingly, having some regard, of course, to the paying nature of the traffic. We think there is a sufficient area of land in Patea County to feed a port at Carlyle, without in any way interfering with Wanganui on the one hand or Taranaki on the other. We may have something more to say on this matter.

Railway meeting’s and committees are the rage in Wellington just now. Tljft well-known lawyer (Mr T. L. Travers) was the convener of a meeting held on Thursday, the Bth instant, and that gentleman explained at length the advantages to be derived from constructing a railway from Wellington to,Palmerston, North. Me described the various routes and probable cost, and advocated the floating of a company in England to carry out the work. The meeting affirmed the desirability of connecting Wellington with the West Coast system of railways and an influential committee was appointed to consider the best means of accomplishing the object, to report in a fortnight. On Monday last, at Wellington, a meeting was held, Mr T. Kelly, M.H.R., in the chair, to consider the question of the Main Trunk Railway from Wellington to Auckland. North Island members were well represented. The various propositions made are reported by the Post as follows—- “ Sir Robert Douglas moved a resolution, referring the whole question of railway construction to a committee of the House. —Mr Moss moved an amendment, urging upon the Government the importance of the line, and the necessity for construction as soon as possible.—-Mr Bryce moved a further amendment, asking the Government to have the best route ascertained and explored. Tie advocated the route via the Manawatu and Taupo, where a perfectly level stretch of forty miles of country could be obtained, thus materially cheapening the cost of constructing the lino.— Ultimately a third amendment, moved by Mr Whitaker, and seconded by Mr Carrington, was carried. This amendment referred the question to a committee, consisting of Messrs Fox, O’Rorke, Moss, Kelly, and Bryce, to obtain all possible information v\s to the host route for a Hue of railway connecting Te Awamntu with the South ; the report of the committee to be considered at a future meeting.” The Neie Zealander of the 12th instant says:—ln proof of what has’been repeatedly stated in our columns regarding the solid effects of the Waiiara meeting, and the aims and influence of the powerful chief Rewi, we print the following official telegram, which has been received by the Native Minister. The officer at New Plymouth telegraphs thus— u A remarkable letter has been written by Rewi for publication, and which will reach you through your officers. In it Rewi strongly condemns the speech of Mr Fox about the Waitara meeting, and the influence of the late Native Minister. lie says ‘ the talk at the meeting was good, the tree of peace was planted by the Premier and the Native Minister,’ and he invites both races to come and cat the fruit in tlie summer.”

On Saturday, 1 lie 10th August, the Hist through train ran from Wellington over the Kimutaka Ranges to Featherston (Wairarapa). The ascent from Kaitoki to summit oE tunnel occupied one hour. The formal opening' will take place about the middle of next month.

The tramway cars for Wellington havingarrived from America, trial trips were made on Monday last. Various speeds were tested, the results being that at five to six miles an hour, a dead stop was made within two yards, and at from nine to eleven miles per hour, a stop was made in from three to four yards. At a Catholic tea meeting and entertainment, held in Wanganui on Tuesday last, the proceeds of which were to he devoted to the fund for the new presbytery which has been erected adjoining the church, £6O was realized from sale of tickets alone.

The result of the Hawera Kail way meeting, is that a petition has been drawn up, printed copies of which will he distributed for immediate signature, to be afterwards forwarded to the Minister of Public Works if possible, before the Public Works Statement is made. The petition sets forth the necessity for completion of the unfinished portion of the line from Waitara to Wanganui, for the reason that most of the way, roads cannot be solidly formed for want of road metal. The enhanced value which would be given to unsold Crown Lands on Wahnate Plains, it is stated would go far to recoup cost of construction, and forest land from Ketemarae nothwards, hitherto unsaleable, for . want of means of communication and transport, would be turned to good account ; besides which, the completion of the line would, in a great measure, change the pursuits of the settlers from pastoral to agricultural, and thus make trade for the railway. A large timber trade would follow completion of line, as from Wanganui to Ketemarae, seventy miles, is open country, with no available timber. About 500,000 feet of timber was used last year in Hawera Riding alone, and the demand over the whole district is on the increase. Delay in surveying and fixing route from Waitotara to Ketemarae, forty miles, it is mentioned would largely increase cost in extra compensation which would-have to be paid for land which is rapidly increasing in value. The memorialists believe that Government has an unexercised right, which expires ip March, 1879, to take, free of compensation, certain lands for railway purposes, between Waitotara and Ketemarae. ■ A case of being drunk and incapable was heard at Carlyle yesterday, with the usual result.

The s.s. Clyde arrived in Patea River again on Thursday morning, having made three quick runs, with full cargoes from Wanganui, returning each trip with freight. Mr W. Cowern will hold sale of furniture at his Mart to-day, at 2 p.m. Another Land, Stock, Produce and Commission Agency will be found announced in advertising columns. Messrs Pavitt and Cuff have commenced business opposite the Bank of New Zealand, Carlyle. The weather on Wednesday evening last, was too damp and cold to induce many persons to turn out for the lecture announced by rbe Rev P. V/. Fairclongb, in the Wesleyan Church. Nevertheless, those who attended, were well repaid for their trouble. The lecturer starting from about the time of Henry the A r IIL, after briefly describing the then condition of Britain, picked up as it were, the moat notable men, or children who afterwards made themselves prominent, took them a stage on life’s journey, dropped them for a time to note general progress, and the influence they each had had in bringing about the improvements effected, picked them up, and advancing another stage, so gradually completed Ids word-picture of u England in the time of Wesley, giving prominence to the work and influence exercised by John and Charles Wesley (of whom, by the way, lie appeared to be no blind admirer) in the establishment of Wesleyan Methodism. In spite of the small audience, Mr Fairclongb soon warmed to his subject, and delivered the lecture in his usual excellent style. The lecture evidenced extensive reading and research into the uncommon nooks and corners of literature. The celebrated Wesley ghost stories—hallucinations — were particularly interesting.

Progress in the way of subduing the land, is being made at Whakamara (near Mauutahi). Nine of the persons who purchased at the sale in Juno last, have settled on their allotments, some of the number having families. Temporary dwellings have been erected. Slock has been driven on the cleared portions. A considerable amount of fencing has been done, and is still proceeding. The Messrs Gane expect to have fully 300 acres iu grass ibis season. Other settlers are shaping for smaller areas Of course the apologies for roads, arc something dreadful. Everything for use —eatables, tools, or seeds—has to be carried or packed on horseback, sleighs being used by some on the worst parts of the road. Those who have already occupied their sections, are spoken of as the right stamp of men to succeed, and who take kindly to the hardships of a pioneer settler’s life. An engineer has been over the block, to decide the best line of road to be first opened.

Additions have been made to the advertisement of sections in the rising Township of Hawera, which will be offered for sale by Messrs Thomson and McGuire, on Thursday next, to which we call special attention. The prospect of speedy oompletu n of tlie rail way from New Plymouth, should make sections at llawera eagerly sought, and Messrs Thomson and McGuire by their enterprise, will have earned the good will of all who desire (he township to progress, as against those who persist in keeping land suitable for town sections locked up. The Canterbury 'Times , reviewing the Financial Statement, gives high praise to Mr Ballanoe for 11 the amoumt of ability which it shows. It is evidently the work of a clever, thoughtful man, master of his subject ; one who has grappled hopefully and exhaustively with difficulties, who has the faculty of expressing himself with clearness and logical precision, and is thoroughly in earnest.” The Times cordially endorses the proposed moderate action of the Government in effecting changes which it is intended to cany out.

A Press Agency telegram dated Wellington, 14th instant, says—“ The County Conference concluded its business to-day. It was resolved —That the Counties Act be amended so as to give the right to Counties to levy County rate over outlying districts; that a written acceptance of nomination by a candidate for election, if properly attested, shall be sufficient ; that the present system of the survey of roads through Crown lands is unsatisfactory, and the Conference suggests that before any survey is undertaken the engineer be appointed to layoff and grade the road lines; that thanks be tendered to the Government for the use of room and free printing ; also, thanks to the Chairman, especially for his casting vote re maintenance of Hospitals. A report of the proceedings will be printed. Total cost of the Conference is £1 per County.” In replying to Mr Fox, as to the cause of the row at Waitara between Natives and Europeans shortly after the great meeting ) the Hon Mr Sheehan, after explaining that drink was the cause of the disturbance, concluded by stating that he intended to ask the House to join with him in passing a measure to settle the question of supplying intoxicating liquor to natives on a satisfactory basis. He had every confidence that nine-tenths of the natives would adopt the permissive clauses which he intended to introduce in the Licensing Bill, and he felt perfectly certain that the over indulgence in intoxicating liquor on the part of the Maoris, would be greatly diminished by the adoption of these permissive clauses.

APPEAL CASE—PEACOCK V. ANDERSON. On the 25 th June last, a case J. J. Anderson (Wanganui), v H. S. Peacock (Manutahi), was heard before 0. A. Wray, Esq., R.M., at Carlyle, in Which plaintiff sued defendant for £SO, value of apparel unlawfully detained, and for damages. Judgment was given for plaintiff for £47 2s, or return of the goods claimed. Notice of appeal to the Supreme Court was duly lodged. The case was brought before His Honor Mr Justice Richmond, at the Supreme Court Sittings, held in Wellington on Friday, the 9tii August, when, as will be seen from the following’ report of the case from the columns of the New Zealand Times , the decision of the Patea Resident Magistrate was upheld :

SUPREME COURT. IN BANCO. Peacock; v Anderson. —This was an appeal from a decision of the R. M. at Patea. His Honor gave judgment as follows; In this case the plaintiff, on the 14th June, 1877, executed a deed of arrangement with his creditors, which, on the 30th August, was declared completely executed. On the 3rd of August the plaintiff went to visit defendant, taking with him the personal effects for the detention of which this action is brought. After staying with the defendant for some weeks, the plaintiff went away, leaving the articles in the defendant’s house. On the 30th April, 1878, the plaintiff returned ; and what then took place amounted, in my opinion, to a demand on the part of the plaintiff for the delivery of the goods, and to a refusal on the part of the defendant to deliver them. It was attempted in the Resident Magistrate’s Court to set up the title of the trustees under the arrangement deed as an answer to the action. In my opinion, the magistrate was right in rejecting this defence. A bailee cannot, in general, set up against his bailor, the title of a third party, without showing that he is authorised and required by that third party to detain the subject of the bailment. See the remark of C. B. Pollock on Ogle v Atkinson, in Thorne v Tilbury, 3 11. and N. 534 ; and also the observations of Baron Bramwell during the argument of the second case ; also Jeffries v Gt. Western Railway Co., 25 L.J., Q.B. 107. The earlier case in the same Court, of Cheesman v Excell, 20 L.J., Ex. 209, in which it was held that the defendant Avas entitled to set up thojws tert/i, is distinguishable on the ground that the deposit of plate in that case, was a fraudulent transaction for the purpose of defeating an execution, and that there could bo implied under the circumstances, no undertaking on the part ot the defendant to return the property to the plaintiff. (See the judgment of Baron Parke; also Story on Bailments, p. 102). In the present ease, some evidence appears to ha"e been given that the trustees claimed the goods, or a part of them; but there was none that the trustees had any communication witli the defendant on the subject; nor did it appear that the defendant him self asserted the title of the trustees. I must assume that the magistrate came to the conclusion that the defendant was not acting under wy antho rit y from the trustees. Whore facts are stated, which might be the ground of a further inference of fact, and this inference, if made, would support the judgment,the magistrate, who is the sole judge of fact in these cases, must be deemed to have drawn the inference. Unless the defendant was acting under the authority of the true owner he was a mere Avrongdoer, against Avhom the title of the plaintiff Avas sufficient. As regards the promissory note the amount of Avhich the defendant sought to set-off against the demand of the plaintiff, I think my conclusion Avould be, Avere it necessary to decide the point, that the debt Avhich it created has not been barred by the deed of arrangement. That instrument, as set out in the case, appears to contain no express release, nor does it import a release. The case of Ipstones Park Iron Co. v Pattinson, 83 L. J. Ex. 193, cited by Mr Hutchison, is in point, notwithstanding the difference betAvecu the English Bankruptcy Act of 18G1 and the Debtors and Creditors Act, 1876.

Private agreements with particular creditors, who are at the same time taking part in a general agreement between the debtor and the whole body of creditors, are without doubt invalid, as in their nature inequitable and fraudulent. In re Lenzberg’s policy, 47 L.J., Ch. div. 178. But the defendant seems to have stood entirely aloof from the arrangement, which in my opinion, distinguishes the present case. He has neither signed the deed nor proved under it. An action upon the promissory note might be restrained by this Court under secs. 133 and 135 of the present Debtors and Creditors Act, but it does not appear that the plaintiff is otherwise affected by the deed. It is,'however, unnecessary for me to decide any of these points respecting the promissory note, because I am of opinion that its amount could not be subject to a set-off against such a demand as the plaintiff’s, even in the Courts of the Resident Magistrate. Under sec. 58 of the Resident Magistrate’s Act, 1867, the plaintiff has the option of demanding the return of the specific goods ; and in the alternative the damages to which he is entitled are unliquidated. There can be no set-off against such a claim. Ou the whole I am of opinion that the Magistrate has come to a right conclusion, and that the judgment must be affirmed, with costs. Appeal dismissed, with costs.

WAY KR LEY. (fro?! our own correspondent.) The Minstrels appeared, according to promise, on Tuesday night, the Hall being crowded to excess. It is really wonderful that something cannot be done with a view to either enlarging the building or erecting a new one. The performance was, as I ventured to predict, decidedly a success. The Niggers had got up "their parts very well, and the songs wore, on the whole, well sung. Pompey made a good hit with his lecture on £! Transcendentalism and Snowball’s song, the “ Hen Convention," w’.is well received. The 11 Laughing Chorus ’ was also very good. Mr Nelson, as the Flower Girl,” gave satisfaction ; and Mr Fookes’ “ Rnfoosalem” was excellent. “ The Escape from Paris ” was not quite a success, the stage being too small. The entertainment closed with “ Eliza Jane,” which elicited great applause. I cannot pass over one mistake made by the Manager, who, on coming before the curtain, I presume with the intention of rebuking some of the inevitable larrikins (who, as usual, crowded the back of the house), managed, by some ill-advised remarks, to oliend. the whole audience, whom I can confidently affirm were before perfectly appreciative of the performance, and inclined to be pleased with everything. The Church Organ Fund, in aid of which the entertainment was given, will be considerably augmented, ami had the Hall been larger, I am sure many more •would have been present.