West Coast Times. FRIDAY, SEPT. 7, 1,866.

West Coast Times, Issue 299, 7 September 1866, Page 2

West Coast Times. FRIDAY, SEPT. 7, 1,866.

The recent alarm of fire" in town, was fortunately not followed by any disastrous consequences ; but it ought to serve as a reminder of the constant danger to which the town is exposed. There is no use whatever in dealing elaborately with, this subject, attempting any flight of eloquence or any process of sustained argument. The simple and patent facts of the case are sufficient to tell .their own story. It is a fact that if once a fire occurring in any single house obtained head, the whole block of buildings with which it ■was connected — even the whole side of the street to which it belonged — would be liable to be involved in one general destruction. It is a fact also, that the materials of which all our houses are composed are of such an inflammable character, that the chances are largely in favor of any fire that may break out iv any one of them, obtaining an nncontrollable mastery. Nor is it less a fact, that in innumerable houses in the most densely ciowded parts of the town, there are nightly combined all the conditions most favorable to the outbreak of fire — late hours of retiring to rest, sleeping places separated only by the most flimsy partitions, and other incidents to which we need not more specifically 'refer. To all these is the town constantly exposed, and the only safeguard against them is provided by the Volunteer Fire Brigade. Happily little opportunity has yet been afforded by this body of rendering effective public service. By a wonderful good fortune, fire has been hitherto an unknown mishap in Hokitika. But the danger is constantly impending over our heads, and past immunity is no guarantee of future freedom from this dire calamity. The little accident that occurred on Tuesday night ought to act as a warning that at no moment of the day or night, is the town safe from the consequences of an accident arising even out of the most trivial and ordinary cause. On this occasion the Brigade displayed ut leiist their alacrity and their readiness to cope on the moment with much greater dangers than they had to deal with, had the necessity, presented itself. We are sorry to find that the Fire Brigade is insufficiently supported ; and desire to bring the actual position of this body before the public, in the hope that a more liberal policy will be henceforth pursued towards it by those whose properties it is designed to protect. The Brigade were promised a subsidy of LIOO a-year by the Government in supplement of the public subscriptions towards their maintenance. The first half-year's moiety of this feum, amounting to LSO, will be payable in about a week. In addition to this sum, the Brigade have in hand some L3O, the balance of subscriptions received — making in all an available sum of LBO, which they propose to remit to Melbourne towards the -purchase of an engine. The cost of the engine will be LI 80, including lamps and all other appurtenances ; and it is believed that the requisite balance of purchase money could be obtained from the Banks on mortgage of the engine. Such an arrangement, however, would be most undesirable — if for no other reason, ou account of the charge entailed on the funds of the .-Brigade, in the shape of bank interest on loan. Nor, indeed, would it be to the credit of the town that the Brigade should be put to such shifts.

It is right to mention that the members, in addition to their gratuitous services, are put to 110 inconsiderable! perggqal expense. Amongst other

ileihh we nia.y refer to their subKcnptiun.s to a Mutuul Sick and Accident Fund, and to the defrayment of the .incidental charges of working the association. The actual working expenses of the Brigade, including the salary of an engine-house, keeper, the maintenance of night lamps, &c., amount to not less than Lo per week, and these are barely mot by the present public subscriptions, which have greatly fallen off from their original standard. We appeal to the public for an enlarged measure of support to the Brigade, Any general fire' breaking 1 out here would involve an enormous loss of property. Subscriptions to un institution, well-equipped with appliances necessary to the extinguishment of ' fire, and affording as the Brigade has done, ample proof of its readiness to turn- out at a moment's notice at the cry of danger, may be very legitimately regarded as a fire assurance. The Brigade ought not to be reduced to the necessity of making an appeal to the public in forma , pauperis. And we take the opportunity | suggested by the statement of accounts I recently submitted, to make this reprei sentation to the citizens of its just I claims to their ungrudging support.

Tt seems that we are indebted to the inventive genius of our old friend Mr John Hall, who has turned up in the character of Postmaster-General, for the , proposal to impose a threepenny postal duty on all newspapers mailed in the colony for the United Kingdom. The suggestion is ba^ed upon the vtry fake and untenable assumption that the Post Office ought to be made a selfsupporting institution. We are not aware that this result has ever been aimed -at in any young country.. If the principle of making all Government institutions self-supporting obtained, the cost of Government would be reduced to nil. If in any department of state this principle ought to be thrown overboard, it is truly in that one which provides for the dissemination of a knowledge of public affairs, and the diffusion throughout the countries from which we expect to receive our immigration supplies, of correct information as to the condition of the* colony and the attractions it offers to the emigrant class. In the absence of any paid machinery for bringing the claims of New Zealand under the notice of the English aud American people, the Government ought to congratulate itself on the facilities afforded 'for the attainment of this result, by the large circulation of the colonial journals abroad. This is an argument based upon considerations of public policy ; and it is no answer to it to urge that the Government have to pay so much per pound for parcels of newspapers carried across either isthmus. It is an expenditure wisely incurred, and the more it amounts to, the better assurance we have that a correct and full knowledge of New Zealand affairs is being diffused. Mr FitzGerald very judiciously observed, when this subject was before the House, " that in all free countries there had been a most liberal policy adopted with regard to newspapers, and wisely' so. The hon. members who were practically unacquainted with the management, had no idea of the number of newspapers that were sent home by the working people of this colony every mail. Thousands were sent, which operated as a most powerful colouisrng agency at home. He would be very sorry also to see the the papers sent from home restricted, and people in the colony deprived of the vast fund of information they contained." The wide circulation of the colonial newspapers at home was very justly described by the hon. member as a " most powerful colonising agency." It is not likely that the proposed imposition will materially influence the number of newspapers for foreign circulation posted here, where a threepenny stamp may be thought a mere bagatelle, and we may, therefore, speak without interested motives of the false policy of the new scheme. But in other parts of the colony it is widely different. • Local considerations, -however, do not affevt

the essential unsoundness of the proposal. We publish, in another column, a very intelligent letter from a correspondent on the general subject.

In the Magistrate's Court yesterday, several inebriates were disposed of in the usual manner, after which Margaret Anderson, who was committed for trial on tho 29th ult., on a charge of larceny, was admitted to bail on her own recognizance pf LIOO. Thomas Rawliugs, on a similar charge, was sentenced to one mouth's imprisonment, with hard labor. The civil cases heard were — Hardcaslle v. Hamilton, for illegal detention of scrip of the Hokitika Tramway Company ; . and Ross and Chaplin v. Ehrenfried Bros., for breach of agreement. His Worship reserved judgment on the first case. The second was not concluded when tiie Court rose, and as there are twenty-lour witnesses to be examined — of which number only three have been heard — it promises to last for some days. The details of the proceedings v will be found in another column.

We notice that a novel nftthod of disposing of freehold property is introduced in Hokitika, as by referriug to another column it will be seen that a valuable section on Gibson's Quay is to be raffled for on Saturday, the Bth iust. The number of shares is one hundred and fifty, at Ll each.

The funeral of tho late Mr John Younger, who died so suddenly at tho Kauieri ou Wednesday last, takes place to-day. The procession will move from the Poi»t Ollice Hotel, Sewoll street, at 10 a.m. ' •

Yesterday's " Grey River Argus" says that a rush has set in up the Teromakau, about two miles from che beach, and about half amils m'tiud on tUa i«ft bauk. T.h.o prospaeta

:aie ropm led lo ln> youd, v.trvinu I'iom liait a poniiv Height and npwar '-, to tho di^h. 'The sinking is from 10 to 70 feet. A large number of men are now un the ground.

Tlie "Southern CnW says : — "Tho subject of forming a local shipping company will be considered at tho next mouthly meeting of tho Chamber, Mr R. Lusk having tabled tho folIbwing notice of motion—' 1. That in tho opinion of the Auckland Chamber of Commerce, it would be for tho advantage of the province generally, and of the mercautilo community of this city in particular, that the carrying trade between Great Britain and Auckland should be performed by a line of vessels owned by a local company ; and 2. That so soon as the general depression in the local money market ceases, steps should be tuken to ascertain whether the Auckland importers generally will join in the formation of a joint-slock company for the perform nice of such carrying trade.' " , The escort from Rosstown arrived in town last night, having in charge the fortnightly return of gold from that district, which amounted to 3100 ounces. This quantity was divided between tho three banks iv the following proportion : — Bank of New Zealand, 1500 ozs. ; Bank of New South Wales, 800 ozs. ; Union Bank, 800 ozs. This, we are happy to say, is a marked' increase upon previous escorts, which usually ruled at about 2000 ounces, and shews that the extonsive mining works lately constructed in the district arc commencing to yield good fruits. 'We never doubted thut its resources were extensive, and not half developed, and feel confident that when tho deep iiat is worked by machinery, and the water races uow,in course of construction are finished, that the above returns will be doubled.

The rising importance of the Waimea district has caused a very large influx of population to it, and although the place is orderly, it is well-known to the authorities that several very doubtful characters have lately migrated (hither, reudering it a matter of mere prudence to increase the force already established there. At present the camp is fixed at tho old township, and is occupied bj a sergeant and four constables, bufluspector Broham having visited the district, is so fully impressed that it will carry a large population for many months, that he has resolved to form another camp at Stallbrd Town. Yesterday he marked oil' the site, and as soon as buildings are erected;" will send a sergeant and two constables to take charge of it. We consider the position chosen is excellent, us it , commands the Scandinavian aud Billarat rushes on either hand, whilst the beach-workings are easy of access by tho corduroyed track.

Cobb and Co.'s-Christchurch coach arrived J in town ou Wednesday night jn good time. The roud still continues excellent, and the journey is described as delightful, no delays occurring to mar its pleasantness. Mrs Sate, and Messrs' Gannon, Griffiths, and Carter, were passengers by tho coach. We congratu* late Mess Cobb and Co. on the success which has hitherto attended them on this line.

Last Tuesday night a very narrow escnpe from a dreadful death was experienced by two men who are in the habit of sleeping in Mr Coleson's store, Beach-street. During the afternoon a, large quantity of potatos were stored by them in it, and placed tier upon tier on one side the building, until the upper, row of bags was on a level with tho wall-plate. Mr Donaldson, who had charge of the premises, warned them at the time that the flooring was not able to support so enormous a weight, and ou their retiring for the night atlvised them to keep clear of the stack. They, however, made up their beds immediately under it, and* were about to undress when, with a tremendous crash, the floor gave way, preci-pitating-the pile of bagsjnto the centre of the store. The men were immediately under them, mid only saved themselves from the falling mass by a desperate spring to the other end of the store. The noise made alarmed the whole neighborhood. j

We take the following from the " Grey River Argus "of yesterday :—": — " The Resident Magistrate's Court was engaged the whole of yesterday with two cases arising out of the disputed ownership of the premises known as the British and American Hotel in Mawhera Quay, lately occupied by Messrs Day and Scott, who have since become insolvent, and whose estate" is now vested in Mr E. Hardcastle, the Sequestrator of Insolvent Estates at Hokitika. The firat case was a criminal information preferred against Messrs Ilordcastl o and Kemiuk by Mr Kilgour, tho agent of Messrs F. and CI. F. Bullcu, charging them with having, on the evening of the 25th August, made a forcible entry into the premises, and thereby committed a breach of the peace Mr Tyler appeared for the complainant and Mr South for the defendants. At the commencement of the proceedings Mr South submitted tfiat Mr Hardcaatlo was responsible for every act done under his instructions, and as Mr Kenrick had ouly acted as his (Hardcastle's) agent, he applied to have Mr Kenrick's name struck out of the information. Mr Tyler consented, and the case' proceeded as against Mr Hardcastle only. As we have not space for the publication of the full report in this issue, we give the outline of the case, as given in evidence. It appeared that after the failure of Day and Scott, the Sequestrator, by his agent Mr Harry Kenrick, took possession of the hotel and its contents by virtue of a vesting-order granted by Mr Justice Gresson, and placed Mr John Revell in charge of the premises. Possession was maintained undisturbedly for six weeks, when the sale of the stock aud furniture took place, and Mr John Revell locked up the premises aud gave the keys to Mr Kenrick. On the evening of the 24th it became known that some one had obtained admission to the premises, and Mr Kenrick telegraphed to Mr Hardcastle, who at once came to Greymbuth, and ou the 25th proceeded, in company with Mr Konrick aud two police constables, to the hotel, and, finding the door secured aud some one inside, demanded admission. The person inside refused to let them in, stating, according to four witnesses, that he was in possession for oue Davies, but according to another witness, that he would not admit Wwro without uu orjur from JjulUm, <T.lw tlgor

WH", l)ii v ii foi'wil open and the man expelled ;

luiii-e tho present information. Mr Tyler urged that it was incompetent to go into tho question of title, and quoted authorities to prove that a sufficiently colorable claim and possession by the pluintiil' existed to constitute the forcible entry by the defendants. Mr South submitted that Mr Ilardcustle, as an officer of the Court, wus perfectly justified in acting as ho had done, and quoted Sec. 8 of the Debtors and Creditors Act Amendment Act, 18f>5, to show that it was mandatory on the Boqueßtrator " to seize, and if necessary to break open, any house, shop, warehouse, door, trunk, or chost of any bankrupt, whore su,ch bankrupt or any of his property is or is supposed to be." He also produced the vesting order, aud the schedule of the bankrupts, in which the premises were included as an asset. Some animated discussion took place between the opposing counsel, on the question of title and the admissibility of certain evidence, and at every stage of the case matters affecting title cropped up, and were objected to. Ultimately, the Magistrate, diHinisaed tho information, expressing the opinion that the sequestrator had only acted in tho due performance of hiß duty. A second case, on the civil side of the Court, came on for hearing, in N which Mr Hardcastle sued James Davies for damages sustained, and expeuses incurred, owing to his having made a forcible entry and trespass on the British and American Hotel. For the defence it was argued that it was \ complete answer to the charge, that the premises were the property of the defendant, and as the matter was essentially one of disputed title, the Court had no jurisdiction. The Bench ovemded the objection, considering it had been proved that the sequestrator f Mr Hardcastle, had been previously six weeks in undisturbed possession. Aftor the evidence had been taken Mr Tyler urged that no forcible entry had been proved, as the defendant had gone in peaceably and through uu open door. The Magistrate gave judgment for the plaintiff for Lls, and Mr Tyler, for the defendant, gave notice of intention lo appeal. The case appeared to create great interest, many of the principal merchants of the town being present. A third case, Hardcastlo v. Bullen, was withdrawn."

We learn from a Wellington contemporary that a Bill is now before Parliament to amend the law respecting the liability of innkeepers, and to prevent certain frauds upon them: Its chief provisions are as follows : — " (1.) No innkeeper is to be liable for any loss sustained by a guest beyond the sum of L3O, except where such giods or property shall have bceustolen, lost, or injured through the wilful act,' default, or neglect of such innkeeper or any servant iv his employ. (2.) Wlu-iv such goods or property shall have been deposited expressly for safe custody with such innkeeper : Provided always that in the case' of such deposit it shall be lawful for such innkeeper, if he thinks fit, to require as a condition of his liability that such goods or pro- , perty shall bo deposited in a box or other receptacle, fastened and sealed by the, person depositing the same. Th.c innkeeper is obliged to receive the property of. guests for safe custody, or he will not be' entitled to the benefit of the Act. A copy of the second section of the Act is to be exhibited in a conspicious part of the hotel. Horses and carriages do not come within the terms of the Act.