WELLINGTON.
This day.
Owing to the heavy gale blowing yesterday, only one wire was working on the southern telegraph line. The press and publio telegraphic work was considerably delayed in consequence.
Friday. At the sitting of the Court of Appeal to-day the argument was continued in the case of Morrin and another r. Kissling. A. Whitaker, for the respondent, submitted that the appeal must be dismissed on the following grounds:—lst. 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 action for relief toy 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. frauds. 2nd. That a demurrer is not a proper way in which this question can be decided. After hearing Mr Whitaker at great length, and Mr Hesketh in reply, the Court reserved judgment, and adjourned until after the sittings of the Divorce Court, which commence on Monday next. The District Court was opened for the first time to-day in the old Provincial Council Chambers, owing to the bad accommodation at the EM. Court. It is thought that the Court will also be held in the tame chamber as the District Court until such time as the new Court-house is built.
The H.s. Hihemoa, with the Governor, has arrive d from Lyttelton. It is said that Mr Hales, who has been instructed under the provisions of the Tramway Act to report on the Wellington city tramway, discovers the tram oars to be eight inches wider than the Act permits, and that he also condemns the use of steam as a motive in the narrower thoroughfares. The statement, however, is not authoritative.
At a preliminary inquiry into the loss of the Carlotta, at the Heads, it was elicited from the master that the immediate cause of the wreck was that the vessel missed stays while beating into the Heads. A good deal of rigging has been saved, but the vessel will never be got off. . ...-,,,..-■■. . ■:..-•'. .-,,<■
The Chamber of Commerce are in com* munication with the Premier regarding the establishment of a Sailors' Home for Wellington. Three hundred acres of the Okituku block were sold for £2,375, nearly 300 per. cent, above the upset price.
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https://paperspast.natlib.govt.nz/newspapers/THS18781116.2.12.5
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Thames Star, Volume IX, Issue 3044, 16 November 1878, Page 2
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412WELLINGTON. Thames Star, Volume IX, Issue 3044, 16 November 1878, Page 2
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