LAST NIGHT’S WIRES.

Poverty Bay Standard, Volume I, Issue 48, 24 January 1884, Page 2

LAST NIGHT’S WIRES.

[Per United Press Association.] Auckland, Jan. 23. The first sections of land in the new township of Kawhia were put up to auction today, at the Crown Lands. Office, and commanded a spirited competition and good

prices. The tola! amount realised no less than £4,198 or just £8.113 in advance of the upset price - a result that exceeded all anticipation. In some instances the bidding was very keen, one section indeed fetching £4OO, although put up at £lB. The land formerly belonged to the Charlton family, and was gold by auction at the suit of the mortgagee, when the Government became the purchaser tor £350, and they have now derived a handsome profit from their lucky investment.

Mr. Justice Gillies, in banco, gave the following important judgment affecting the trustees in the case of Marshall and others v. Bayley and others ; Theo. Cooper for plaintiff, and E. Heskcth for defendants. His Honor delivered the following judgment :— “ Upon a very careful consideration of this case I can coma to no other conclusion than that defendants, by leaving trust moneys in Mr. Haise’s hands, without their interference as to how it was invested, committed u breach of trust, for the consequences of which they are responsible (Levin on trusts 4 ed. p. p. 192, 216 and 590, and cases there cited — Griffiths and Porter, 25; Beor, 236; and Bostock v. Floyer L.R. 1, Exq. 26, are clear authorities for this position, that trustees leaving trust funds in the hands of their solicitors as responsible for any loss that may thereby accrue, even though in employing a solicitor they exercised ordinary care and discretion, nor is this doctrine at all modified by what was said by the Master of the Rolls in hipeight v. Gaunt (51 L.J., Ch. 715), and by Vice-Chancellor Bacon, in Godfrey v. Faulkner (L.R. 23, ch. div. 483), that it is the duty of a trustee to deal with trust funds just as a prudent man would deal with his own property, for it is settled by law that trustees leaving trust funds in their solicitors’ hands are not acting as prudent men as regards infant plaintiffs; therefore, defendants must replace the moneys lost by their breach of duty. As Regards the plaintiff Jane Marshall, however, the jury have found that this breach of trust was committed with her full consent and acquiesence. In these circumstances, the trustees cannot be held liable (Lewin, p. 595, and cases herein cited) to her, The decree will, therefore, bo that it be referred to the Registrar to ascertain what portion of the principal Of the trust fund has been lost by the breach of trust of the defendants ; and, within three months after such ascertainment and notification to the defendants, they do invest on securities authorised by a deed of settlement in their own names on joint account, to to the satisfaction of the Registrar, a sum equal to the amount so lost, with power, with the approval of the Registrar, from time to time to vary such securities to be held by them, subject to the trusts of the deed of settlement of the 25th May, 1871, except that they shall be entitled during the lifetime of the said Jane Marshall to receive and take interest or annual income arising from such securities, for their own proper use and benefit, instead of paying the same to the said Jane Marshall, and that the defendant do pay costs of this action, to be taxed as if there had been but one plaintiff. Wellington, Jan. 23.

At the Wesleyan Conference to-day, the annual report of the general secretary of the Sunday-schools was read, showing an increase in every department of this work. The thanks of the Conference were presented to the Rev. Geo. Bond, and he was reappointed general secretary. The Conference was unable to comply with the request of the Auckland District to appoint an itinerant evangelist, there being no minister available for the purpose. An influential temperance deputation has waited on the Conference and presented an address. The Revs. Lewis and McNicoll replied, and a resolution favorable to temperance was adopted. The following is the second reading of the ministerial appointments for 1884: —Auckland District — Pitt Street, Revs. Reid and Carr; Wesley College, Watkin; Northshore, Spence; Grafton Road, Bavin and Griffith; Thames, Bull; Upper Thames, Wills ; Coromandel, Pinfold; Manakau, Taylor; Waiuku, Lubford ; Cambridge, Dewsbury ; Hamilton, Dukes ; Te Awamutu, Dean; Raglan, Barber; Kaipara, Gittos; Paparoa, T. N. Griffin; Wairoa, Brooke; Hokiango, Hammond; Bay of Islands, Marshall; Whangarei, Dellow; Tauranga, Parsonson; Gisborne, Slade. Wanganui District — New Plymouth, Lee; Waitara, Fee; Patea, Laury; Opunake, Mather; Wanganui, Bond; Rangitikei, Smith; Sandon, Low; Palmerston North, Bunn. Wellington District — Wellington, Oliver and Baumber; Hutt, Garlick; Greytown, a Home missionary ; Masterton, Isett ; Napier, Lewis and .Tones. Nelson District— Nelson, Beck; Richmond, Kirk; Motueka, a Homo missionary; Blenheim, McNichol, Hokitika, Abernethy; Kumara, a Home missionary; Greymouth, Lutford. Canterbury District—Christchurch and Durham Street, Best and Simmonds ; Colombo Street, Crump; St. Albans, Morlriy and Garland; Lyttelton, Williams; Springston, Connell; Malvern, a Home missionary; Leeston, Keall; Kaiapoi, Tinsley; Rangiora, Bowse; Woodend, Hudson; Amberley, a Home missionary; Timaru, Fairclough; Waimate, Gray; Temuka, S. Wills; Ashburton, Standage, Otago District—-Dunedin Trinity Church, Berry and Smalley ; Hyde, a Home missionary; Mornington, Murray; Port Chalmers, Thomas; Balclutha> Salter; Lawrence, C. Griffin; Invercargill, Marten ; Oamaru, Beshworth; Gore and Tapanui, Buttle. A young-man named Kimpernan, a recent arrival by the Lady Jocelyn, last night, while in a state of intoxication, fell through a bedroom window in the third storey of the Star Hotel on to the footpath below, a distance of fully 40 feet. He broke his left thigh, injured his left ankle, and received some severe cuts on the head. His injuries are not likely to prove fatal. A man named Sullivan, formerly a board-ing-house-keeper in Wellington, has been arrested at Foxton on a charge of forging an order on a man named Connor,

The crops in the Wairarapa district are Buffering from the severe weather, The yacht Iris, competing, in the regatta yesterday, was missing till this morning, and much anxiety was felt. During the 3rd class yacht race the master of the leading yacht (the Greyhound) noticed that the Iris had disappeared off Point Halswell, but concluded that owing to the heavy gale blowing she had run into Cow Bay. Although the weather had moderated this morning the missing boat had not turned up. She was manned by four youths named J. and C. McKeegan, Hare, and Bristow. At mid-day, however, they arrived safely. It appears that the peak and throat halyards were carried away, and the vessel took shelter under Soames Island. She lost both anchors, and the crew beached her and came home this morning in the dingy. At Woodville a boy named Meecham, aged 10 years, son of a settler there, was drowned in a stream yesterday while bathing out of his depth. The Hons. Bryce, Bolleston, and Mitchelson return to Wellington this week. Messrs. P. Moeller and Co., merchants, have filed a petition of bankruptcy. The water at the Porirua Harbor during the recent boisterous weather has been higher than at any period since the heavy earthquake in 1855. Considerable damage has been done to the Waterworks dam at Wainui-o-mata by heavy floods in the river. Christchurch, Jan. 23. William S. MacConnell has been committed for trial for attempting to burn his house at Lyttelton on Jan. 13. At the examination for teacher certificates, there were 139 candidates, of whom 21 entered for Class D., 53 for Class E., and 55 for complete certificates. These last failed in some one subject at the previous examination. The weather has been [fine, but is by no means summer-like to-day. Dunedin, Jan. 23. The Governor appears to be enjoying his visit to the Lakes. Yesterday, he went to the Arrow, and spent a couple of hours at Boys’ Station, at the Franklyn Falls. At Arrowtown, he was presented with an address, and received from the proprietor of the Lake County Press a copy of that paper printed in gold on satin. To-day, he made the ascent of Ben Lomond. The Espiegle had a drill at quarters to-day for the benefit of the Dunedin and Port Chalmers Naval Brigades, who attended in full strength. The leaves for Lyttelton to-mor-row. Nelson, Jan. 23. The cold weather experienced here during the past month has seriously affected the hop crop, and while one large grower estimates that his yield will be less than half the aver-

age crop, some expect to pick not more than a fourth of last year. The first pocket was sold on Feb. 15, 1883, but thia veav's crop is very backward, the poles not being covered in many pUccu. , The first general meeting ox the Champion Copper Company was held last night. The prospectus provided for 60,000 shares and 50,462 were taken up by 254 petsons, and it has been decided to hold the remaining shares in trust for the Company. At the meeting two pieces of smelted copper from the mine were exhibited. 13|lbs of native copper taken from the lode was smelted in a local foundry, and after being melted twice the copper from the mould weighed 12Jlbs. It te proposed to send the specimen to the Christchurch Exhibition. Napier, Jan. 23. A house at Porangahau, occupied as a dwelling and tailor’s shop, was totally destroyed by fire last night. Nothing was saved. The house was insured in the Union for £2OO, and the stock and furniture for £B3O in the South British. It has transpired that the moneys voted by the Borough Council for the hospital were not for maintenance, but for the building fund. Thus the Colonial Under-Secretary was strictly accurate in his letter in stating the Council had ceased to support the hospital; A Mr. Adam, who arrived here on a bieyele from Wellington, left this morning for the Hot Lakes on the same vehicle. Invercargill, Jan, 28.

At a meeting of the Wallace and Fiord Hospital Committee it was reported that a Chinaman suffering from leprosy was livhta in a hut about two miles from town, Th\ sufferer is said to have come from the Round Hill diggings. Further enquiries are to be made by the medical officer as to the truth of the matter, and in the meantime the committee decided not to receive the patient. It is reported that rust has made its appearance in some parts of the district. A turnip-fly is also said to have caused great damage, in some cases necessitating resowing. Hawera, Jan. 23. Judgment in the seed case, Buchanan v. Laird, was delivered to-day. This was a rehearing, and the Magistrate adhered to his former judgment in favor of the plaintiff, who recovers £lOO from the defendant for having supplied him with wrongly-desoribed seed. Notice of appeal was given. Grmmovth, Jan. 23, John White, for malicious destruction of property in the Catholic Chapel at Notown, was tried in the District Court, and the jury returned a verdict of insanity. His manner in Court seemed to justify the verdict. White has been on the Coast eighteen years, and during all the time was always liable to fits of insanity. Timaru, Jan. 23. A pawnbroker named Salek has been fined for taking an artidle in pawn from an intoxicated man. A man named John Henry, coach proprietor, has been found dead underneath a capsized coach near Peel Forest. No particulars are yet to hand.