THE LATE GALES IN THE NORTH.

Westport Times, Volume VIII, Issue 1192, 10 July 1874, Page 2

THE LATE GALES IN THE NORTH.

The following extracts from tha New Zealand Times of the 25th ult. have been forwarded by Commander R. A. E twin. R.N. : It will, no clonb!, be within the recollection of our readers that the Hon. Mr Reynolds, Commissioner of Customs, has recently made arrangements for the more full investigation of the Weather Reports, with the intention of their being ultimately used for the purpose of making forecasts of the weather. By direction of the hon. the Commissioner, Captain Edwin, R.N., of the Marine Department, has handed to us the following account of the recent severe weather at Auckland and other northern ports, from which it will be seen that there is a fair prospect of the undertaking proving sufficiently successful to warrant the issue of Storin Sigual Notices within tho ucxfc few months : This gale was of the tmisal cyclonic nature of such atmospheric disturbances, the winds blowing ia a more or less irregularly-shaped circular form round a common centre. It is chiefly remarkable L'or tho uncertainty of its movements. Too rise nud fall of the barometer varied greatly, amounting on some occasions to nearly half an inch in twenty-four hours, and at other times remaining nearly stationary for the whole day. The limits of extreme pressure, uncorrected, amount to about 11 inches. I he first indications of approaching change were observed on the Sth iust, when the barometer stood, at an unusual height from Taupo to Auckland, the curve of 30 10 lying over Tauranga, the winds being light from the eastward. By tho next morning the barometer had fallen as much as 4-iOths at Auckland, tho gradient between (bat place and Taupo being '] ). and this the direction fvom which the most severe <;ales are experienced at Auckland, a telegram was sent stating that t:,e approach of bad weather seemed imminent, and asking if there had been any easterly winds. A reply was received to tho effect that that there was every appearance of an easterly gale outside, but that it had not 'then reached Auckland. Later in the day, information was received that the wind had changed to E.N.E. During the night the fall continued, and by 8 30 nan. of the 10th, the barometer" at Auckland stood at 29 35, having i.i\\ n 13 JOOths during the past twenty-four hours, and the wind having become westerly, showed that the central depre3 in hail got we;i to the south-westward, had passd to the north of Auckland; and probably been not far from the Bay of Islands. As the glass showed but little indications of rising, it was expected that more easterly winds would follow, for it seemed that the gale was inclined to move to the northward of west. This buinsr an unusual direction, there could he but little doubt that there was more, bad weather to come. By the morning or' the 11th the barometer at; Auckland had fallen to 21V22, and tho wind had changed to a moderato breeze at N.W. The indications were, however, very strong for easterly winds, the gradicnl between Auckland and Taupo Icing nearly 2 lOths for fifty mile?. A telegram was therefore sent to watch the barometer, as more bad weather was approaching from tho eastward.

By the 12th, at 8.30 a.m., the barometer had risen as reported 4-lOtks at Auckland, wind S.S.E. The curve'of 29.70 laid over Grahamstown, with wind east, whilst the curve of 29.90 had approached Taupo, wind S.F, This showed that the gale had moved to the N.E. during the last twontyfour hours. Fresh breezes mostly prevailed between Taupo and Auckland.

On the morning of the 13th the barometer was still rising, the curve of ; 30:00 being over Auckland, light winds from the S. R. with fine weather prevailing over the adjacent districts; but on Sunday, the 14th insfc., the barometer commenced auother downward movement, and on Monday the g.ilo had returned to the south-west-ward, with strong N.W. wind at Auckland, a N. E, gale with a heavy sea at Tauranga, and strong winds from the same quarter extended at Taupo. The gale had now evidently made an attempt to force itself to the south, where it would recurve to the south and east. On the 10th there was bub little alteration in the state of the barometer, the wind had changed to the south-east, blowing a fresh breeze from Auckland to Taupo, the gradient betwwen these places was "23 with strong indication for more easterly gales. At 7.30 p.m. of this day there was an extraordinarily high tide ae the Thames. By the morning of the 17th the barometer had risen 2-lOths at Auckland, the wind blowing a gale from the north-east, and it being now evident that the whole disturbance w.i.B again going to the northward telegrams wc-o sent stating that the wind might be expected into south and east with glass rising and less wind. On the afternoon of this day it blew very bard at the Thames from E. to N.E., barometer rising slowly at at 7. p.m., much lightning from E. to WN. W. At 8.30 a.m. on the 18th the barometer had still an upward tendency', 'the wind being light at Auckland from east, while ab Grahamstown it was strong from north-east with a very threateuing appearance of the weather, A curious feature hero presents itself in a southeast gale which was blowing at Tauranga ; the barometer stauding lower at that place than at Grahamstown, while at the same time the barometer stood higher and there was loss wind at Taupo ; during the morning the barometer fell at Grahamstown, and was \-Ki?y unsteady during the day. The explanation of this seems to be found in the arrival of a fresh depression of small size near Napier on the 16th inst., which travelled northward, and by the 13th forced its way as far as Tauranga where .it seems to have become spent, being then within limit of tho larger gale, but as it seemed at one time probable that it would reach as far north as Grahamstown, warning of its approach was sent to that port. On the 19th the barometer had ■ again moved downwards, the wtud , being from N.E. to S.E., between .' Auckland and Taupo, and indications ; still strong for easterly winds; it now seemed probable that the gale would again make a move to the south-west. The gradient between Taupo and ; Auckland was To, the curve of ■ 30 00 lying over the latter place. Ou 1 the 20fch another depression made its appearance at Napier, which extended itself northward, and apparently i caused a considerable fall at Auck- ' land, where the winds were moderate ; in strength, with a low barometer. i On the 21st the curve of !29'90 laid ' upon Auckland ; there being no wind ' tho whole clay, seemed indicate that i the weather had now cleared up, but there was still indications for easterly winds, and on Monday the barometer ; had risen considerably, with light , winds from the N.E. ward. This i seemed to imply that the gale had • recurred further north, and was now ' coming down in tho S.E. direction, i Gradients were on this day as 3 lOths \ between Auckland aud Taupo, and as ; it seemed probable that the gale would ; now force its way to tho south, tele- ! grams were sent to expect winds from i N.E. to N.W. On the 23rd the curve ! of 29 80 was over Auckland, the wind i being N.N.W.,; at Grahamstown it f was W.N.W., and botwen that place I and Taupo it was between N.E. and ' north. On the 21th, tho barometer i at Auckland was 2976, wind W.N.W. [ THE DISPUTED SWEEPSTAKES AT All AURA. In the case Elliott appellant and f Hamilton respondent, his Honor [ Justice Richmond has delivered judg- . nient. The appeal was from a decision of the Resident Magistrates Court, at Ahaura. Jt appears that the defendant I (appellant) drew the winning ticket, [ bearing the name of <: YaUerina," in a i racing sweepstakes depending upon the • evout of a horse race, run at Grcymouth ; in March hist. The stakes having been ; paid over to the appellant, the res per. - i dent claimed an equal .share in them, > alleging an agreement to that effect » between the appellant and himself prior i to the throwing for tickets. Tho magi- ; strate decided in favor of the respondent ; relying on the 45th Section of the M " Resident Magistrate's Act, ISG7" | whereby tho Court is enabled "to give I ' judgment between the parlies as it shall , f i to stand with equity and good . i nscie .■ ■ " But it, was contended tha i tli trail! ction out of which the claim a •-..: was unlawful, and that in such i ca g the Ltesident Magistrate was bound to decide according to strict law. Two ■ questions, therefore, had to answered, First—Was the agreement between the

parties unlawful. Secondly—if so, wad the Magistrate justified in overlooking the illegality, and giving judgment for the respondent, as in good conscience entitled to the money claimed by him. After lengthy review of the Statutory law affecting lotteries, his Honor said " the thing contracted to be done, namely, the drawing at lottery, is positively prohibited, and made an offence; it is illegal in the full and proper sense of the word. The respondent could not make his plaint without disclosing his own position as partictps criminis. The Magistrate, under the statute of 1807, has in general (as lie Lad under the Ordinance) the power to decide either according to strict law, or according to what he deems to be equity and go id, conscience. Apart from legal principles no one can wonder that the Court below gave judgment as it did ; for assuming the Magistrate to be right in his conclusion as to the facts, the conduit of the appellant is unconscientious and dishonorable. But looking at the question as I am bound to do, I hold that the Magistrate was not justified in disregarding a positive Statutory prohibition, and in placing a complainant, whom the law regards as an offender, in possession of the profit deriveable from his offence. In my opinion the Magistral mistook the lav;; either supposing that there was nothing unlawful in the sweepstakes, or that the agreement sued upon was separable from the illegality ; or, if the law on these points was rightly apprehended by him, lie still was wrong in law in not deciding the case upon a strictly legal basis. For the power of the Kesident Magistrate's Court to decide otherwise than according to law must be taken to be subject to an implied proviso, that this power must not be used to give effect to transactions prohibited by a penal Statute." The appeal was allowed with costs.