The Westport Times AND CHARLESTON ARGUS. In the cause of Truth and Justice we strive. SATURDAY. JULY 15, 1871.

Westport Times, Volume V, Issue 837, 15 July 1871, Page 2

The Westport Times AND CHARLESTON ARGUS. In the cause of Truth and Justice we strive. SATURDAY. JULY 15, 1871.

The Provincial Council of Otago in a notion providing for the establishing of the County system which was carried without a division, practically admitted that provincialism would shortly cease, and that it was advisable, in anticipation of that time, to extend the principle of self-govern-ment. The motion referred to (introduced by Dr Menzies) contained a recommendation to the Government to prepare a Bill to submit to the Council during the following session, the basis being as follows:—That contiguous road-board districts, having interests in common, may unite to form a county ; the county board to consist of representatives from the various road district boards. The districb roads to be under the control of the district boards, and main trunk roads, bridges, &c, to be maintained and controlled by the County boards ; the revenues of the County to consist of—- " such portion of the territorial revenue as may be secured to it by Act of the General Assembly; moneys voted for it by the Provincial Council; County rates, tolls, and miscellaneous revenue applicable to roads and public works." The almost unanimous passing of such a measure by the Council is a striking illustration of how quickly political opinion may change, and the supporters of one system become suddenly converted to a diametrically opposite doctrine. It is not a little singular that a Province which, but a few years ago, offered the most bitter hostility to Mr Stafford's proposal to extend local self government by means of counties and road-boards, and on this very question was chiefly instrumental in defeating his Ministry, should now affirm the necessity of a measure similar to that which he proposed to introduce. That Mr Stafford's Local Government Bill of 1867 was intended to supersede provinci 11 institutions is a matter of sufficient notoriety, as also that the proposal to introduce the measure was the moving cause of his being ousted from office. The cry was raised that his policy was directed to a system of centralisation subversive of provincial interests; while in fact it was opposed only to

the centralising tendencies of the l capitals of the leading provinces. At that time the cry was successful, but, although the reins of power have been handled hy others, the measures which Mr Stafford proposed have been partially adopted by his successors. The recent action of the General Government has most materially changed the naau%lftl relations with the provinces, and if it assumes the work of colonization and of providing for a comprehensive system of education there will remain no longer a pretext for the continuance of Provincial Councils. The resolutions passed hy the Council of Otago virtually reproduce the principles contained in the Local Government Bill of 1867, by which it was intended that the direction of the expenditure should be transferred to local bodies distributed throughout the Provinces, who would be best able to see that the money was spent judiciously, and in works best calculated to further the public interests. While cordially concurring in the wisdom of the step taken by the Provincial Council ,of Otago, we cannot but express a regret that a general measure, such as contemplated by Mr Stafford and which would have dealt with the abuses prevalent under provincial institutions, should have been condemned.

The Eesidenfc Magistrate gave judgment on Thursday in the interpleader summons against James Powell, arising out of an execution issued by John and Alexander Stitt against Robert Hayne. Judgment was is favour of the assignee under the bill of sale, with costs, and counsel's costs £3 3s, and the bailiff was ordered to withdraw from the property. . With the return of fine weather and low tides, the immediate danger to property in Gladstone street has ceased. During the past few days large quantities of. sand have been deposited at the back of the premises, though not to a sufficient depth to restore that portion of the beach to its normal condition. Even with the present weather and low tides, at high water the sea washes the sites of the removed buildings, and those still remaining as far down as the Kelson Hotel. In the Warden's Court, yesterday, two applications for water-rights were granted, and the case 01 Dunn v. Morris was heard. It appeared that the complainant claimed section 111, Wallabi street, on the ground of having purchased from the previous occupant John Tyrrell. It was shown that the previous occupant had had litigation with Morris in respect to the ownership of the section. The Clerk of the Court was called to produce the records, from which it appeared that Tyrrell, in September, 1870, had claimed the entire section, and had taken action against Morris for unlawful interference, whereupon the Court had upheld Tyrrell's title to the section, and had ordered the detendant to desist from interference. According to the defendant's evidence he had utterly ignored the previous decision of the Court, and had continued in occupation of the section. Mr l J itt, who appeared for the defendant, claimed a non-suit, on the ground that the complainant had not established his title. His Worship decided to defer judgment until the following day. He" was of opinion that the decision of the Court in September last consti tuted an estoppel which precluded the defendant fr jm any action in respect to the section.

The proceedings in the R. M. Court, yesterday, were limited to the disposal of a few actions for the recovery of debts of inconsiderable amount, judgment in each case going by default. The p.s. Charles Edward sailed from Westport for Nelson on Wednesday afternoon, and was shortly followed by the s.s. Kennedy for Hokitika. Mr Shannon, representative of Messrs N. Edwards and Co., narrowly escaped losing his passage by the former vessel. She had already crossed the bar, and was three or four miles from the port when the s.s. Kennedy left the wharf with Mr Shannon on board. While crossing the bar the Kennedy fired off three rockets, and these attracting the attention of those on board the Charles Edward, the vessel was reversed and the Kennedy hastened to meet her. The approaching nightfall obscured both steamers, but the probability is that, thanks to his connection with the owners, Mr Shannon was successful in securing his passage. The s.s. Wallabi left Wangonui at 5 p.m. on Thursday, for Westport, She brings a cargo of cattle sheep, and will arrive probably to-day. We notice that the proceedings in connection with the Telegraph Libel Case, which is likely to be regarded as a " cause celebre" of this; Colony, have been published iu a pamphlet form by the " Otago Daily Times" office. Mr Munson has received a limited, number of sale. A schooner, supposed to be the Maid of Erin, now due from Melbourno, arrived in the roadstead on Thursday, and will probably be towed across the bar by the steamer Murray, which left Greymouth for Westport yesterday evening. A boat which had apparently put off from the schooner, and containing a crew of five men, was rowed to the break yesterday morning, the object apparently being to beach the boat. There was very little surf breaking on the beach at the time, but those in charge of the boat, perhaps wisely, decided to put back to the vessel. The schooner Janet Gray, laden with grain from Lyttelton for Charleston, has arrived outside the heads, and is awaiting a favourable opportunity to enter. The stock and premises of P. R. Allen, Charleston, were submitted to auction on Wednesday, the sale closing oh Thursday. The stock realised exceptionally high prices, and the store fetched £SO. ' • MrM. Smith, an old resident in Charleston, where he has been successfully engaged in mining, arrived in Westport yesterday, en route for California. He adds another to the already long list of successful minors who have left New Zealand for the United States, where the facilities offered for settlement are sufficient to induco an influx of population even from this distant colony. A telegraph station for the receipt and transmission of messages was opened yesterday at Openuko, in the Province of Taranaki. Miss Ida Greeley, daughter of Horace Greeley, is said to be one of the most accomplished mathematicians in the United States. The census returns show thp population of Now South Wales to be 501,000.

RESIDENT MAGISTRATE COUBT. Thursday, July 13. (Before J. Giles, Esq.,B.M.) POWELL, CIATMANT, V. STITT BBOS., EXECUTION CBEDITOBS. Judgment, in the above case, was delivered this day. , His "Worship said: This is aa interpleader summons, and the question for me to decide is whether the bailiff shall sell, under the distress warrant,.or whether he must withdraw, in consequence of the bill of sale, to the claimant. To determine this question I have to decide whether the bill of sale is genuine and made bona fide. I cannot help sayimr that the execution creditors would have shown wisdom had they taken legal advice before enforcing their execution —if they had, this litigation might have heen saved. There can only be one ground upon which the bill of pale could be impeached, viz., fraud. Now none of the characteristics of fraud exist in this case, and I must, therefore, hold the bill of sale to be good. The execution creditors have, in fact, given up that contention, but their counsel, Mr Home, contends that I can order the bailiff to sell subject to the bill of sale. Mr Pitt, on the contrary, argued that such a course would be irregular; and I am of opinion that I cannot make such an order. Upon referring to the authorities it seems that in bankruptcy alone could such a course be adopted ; and I find that the method proposed was, for the first time, introduced, as a Statutory Enactment, by the Common Law Procedure Act, 1868. That A.ct does not apply in New Zealand, and the powers hereby conferred have not been given to this Court, and they cannot be assumed. The order will be that the bailiff withdraw from possession. Upon the application of Mr Pitt costs were granted, with £3 3s, counsel's fee.