The Waikato Times AND THAMES VALLEY GAZETTE.

Waikato Times, Volume XVI, Issue 1338, 27 January 1881, Page 2

The Waikato Times AND THAMES VALLEY GAZETTE.

Equal and e\art justice to all men, Of wh.itincr state or porMi.ision, religious or polUicil. Hero shall the Press the People's right maintain Unawcd by inflm nee and unbribcd bv tfain.

TIHJItSDAY, JAN. 27, 1881.

Parties having occasion to transact business and, enforce at law, obligations contracted by the " noble savage," and in a place like this, situated on the very confines of Maoridom they must be numerous, would do well to note a judgment delivered recently at Port Chalmers, by the Resident Magistrate. The proceeding was instituted at the suit of a butcher named Wilson, against two natives — Timote Kareti, andMakiMaka — against, whom an allegation of trespass was made upon land belonging to plaintiff. The action was contested on the ground that, sections 39 and 31 of the "Resident Magistrates Court Act, 1867," had not been complied with, inasmuch as that the particulars of demand annexedto the summons were not set forth in the Maori language, and also, that the blanks in the printed summons were in English, instead of being filled up in Mao.'i. The points raised are novel, and require attention as, if they are valid it will be necessary to alter certain modes of procedure hitherto pursued with respect to this particular class of litigation. The method of filling up blanks in the Maori form of summons in the English language is, ifc would appear, a practice peculiar to the South. At all events, we have reason to assume that, in the North Island, where transactions of this species are most numerous, the usual practice followed is to render the servicecopy of the summons in all its parts in the Maori language. That branch of the abjection may, therefore, be dismissed as having »o application to, or hearing upon the practice pursued in this part of the colony 1 . The other part of the objection, v|z,, that the bill of particulars ought to he in Maori, and if not, the defect foepcwiiss j fatal to the proceeding, is clearly a | point upon which it is necessary the public should be well assured. ( The practice followed, we, believe, throughout the wHote colony, is to frame the copy plaint-aote lew* service in English, and hitherto fcfe&t practice has passed unchallenged,, In the case alluded to as having been, tried at Port Chalroerk, the objection ktat&d on. that 'Pattieubriiscore^.is reported to have been met by a contention set up on behalf of plaintiff, , that the particulars of demand could'

not; be considered as forming part of the summons itself, consequently it was not subject to the express provision of the Act which rendered it necessary for the summons to be made out in the Maori language. That plea, however, was rejected by the Magistrate, who held that T>oth summons and plaint-note required to be in Maori, and judgment was given for the defendants. We are, of course, perfectly cognisant of the . fact, that ajudgmeut or ruling under such circumstances cannot, in any sense of the word, be regarded as a precedent; consequently, no Court exorcising co-relative jurisdiction in any other part of tho colony is bound by its observance. The' point, however, is one to which public attention lias been directed, and it therefore becomes necessary that enquiries should be made as to how far it is, or is not, well founded. It will save trouble if we state at once that the plea put forward by the plaintiff in the Port Chalmers case was utterly untenable, and therefore unworthy of further consideration. By Clause 32 of the Act it is inter alia provided that, " plaintiffs shall furnish a full and explicit statement in writing, of particulars of their claims, to be tiled for the use o£ the Court, together with as many copies of such statement as there ai*e defendents to the suit, and one copy thereof shall be annexed to, and served with, each summons, and bp deemed a part thereof." The last sentence is explicit enough, and leaves no doubt intended but that the Legislature that the plaint-note should form part of the summons. Tn rejecting the plea put forward by the plaintiff, it must therefore be conceded the Port Chalmers magistrate acted perfectly right. His finding under the 39 Clause does not seem, however, to be equally sound. That clause provides :: — ■ " Every summons order, notice or warrant of which any form is given in schedule C to this Act with a translation in the Maori language, shall, if under the provisions of this Act, the same be issued by any Resident Magistrate addressed to any person of the native race, be accompanied by such translation thereof in the Maori language. That stipulation seems perfectly clear It is only such " summon, order, notice, or warrant"' of which the form is given in Schedule C, with a translation in Maori, and, on reference to that schedule, nothing whatever is said about a bill of particulars, and certainly no attempt is made to give such a form in the Maori language. The strict rendering of that clause, read in conduction with the schedule, indicate,-* pretty plainly that the Legislature did not intend the bill of particulars should be framed in the Maori language, consequently the decision given by the Magistrate at Port Chalmers must be regarded as bad in law. In other words, we are clearly disposed to the opinion that tho practice hitherto followed, of rendering the plaint-note in English, is sufficient for all the requirements of the Act.

The residents of Te Awatnutu and Hamilton are just now being put to much inconvenience through the supinenoss of the Postal Department. The mails from Te Awamutu, used formerly, during the time Mr Carter had the Cambridge mail contract, to be brought to the Hamilton Post-office by the coaches returning from the station shortly before one o'clock. During the last fortnight, however, this has not been done, as Mr Butler's coach docs not return to Hamilton until after the arrival of the Auckland train. The mails are, therefore, left lying at the junction, and letters from Te Awa mutu, which before could be answered on the day of receipt, cannot now be answered until the clay following. Another coubequence of there being no provision for conveying the Te Awamutu mails between the Hamilton Post-office and the railway junction in, that mails for Te Awamutu now close at noon, and are forwarded to the station by the mid-day coach, there to await the evening train. There is something exceedingly rotten in such a system as this, when so many expedients could be adopted for getting over the difficulty. If a regard for the interests of economy prevents the granting of a subsidy to one of the local 'bus proprietors, surely the mail bags could be sent as far as the upper station, whence they could be fetched by one of the post-office officials. We trust this hint will be sufficient.

To afford facilities to those desirous of witnessing the Regatta at Auckland on Anniversary Day, 29th inst. the Railway Department will issue return tickets at single fare available from tomorrow, Friday, to Monday, from any station to any station, provided the fare amounts to one shilling. B«y#r#jL of the most influential ohiefa and tasjftbers of the Ngatitamainu and NgftfcikotWft' bribes, accompanied by the well-frncrvro Haubau ehj/Bf Te Ngakau, went to Maung'atautart on 'ifueadnjr, for the purpose of protesting against the eale 'of some of th,6 native -lands in that district. , i" ,' j • ' f| T3(?« quadrille assembly held in the OaSf^ilv's H»U on Tuesday night was a decide^ sfttf&Bis/ - Between. 30 'and 40 couples were pregeat; ■pandingwas kept up with ppirlt |till 'tfeo, .{' wee sraa' hours." These becoming popular and the long feliTant ojf'goo4 m^sib is now<» thing.ojti«ttie:,past,ti i as the njftfaofowHplayirig of M) pfljj^ 1 8 v&4 *M V™™* by jill^reien^ i , LA ( Tau :i .the Chief £toriTup«-«i 4M, t>e/^revf©)iB; inighti waß ! mß^imk'jm^^Vg reprOTQnj^tiye of tKe geneMttoii 4 tt^sy passed "away, ' th^ Jast link wMoh^onnected F|»9 $*$ Wis t» e pre6ew 6choolai^"AB »

always been honored' find respected, wfi'ilo among his own peoplo he was regarded with reverence, and his death has caused great lamentation in their ranks. Mfc J. A,r3?ouglas'adf ertiS^that a suitable reward will belaid to anyofte' rcstorihg'or giving information respecting a chestnut horse with a white face, lost near the Eureka gate. We note the S. Peter's, chpir are going to'give their recital of sacred music (under the conduct of Mr T. A. Bell) next Wednesday evening. Tickets can be obtained from the stores. ' '* "The Annual picnic of the Hamilton Light Infantry Band will take place on Saturday next (weather permitting). The favorite steamer Delta has been engaged for the occasion, and will leave •Hamilton at half-past 9 ; returning' be» tween o and 6 in the evening:. Last year complaints were numerous as to the place selected, but this time a raoro suitable spot has been chosen— it is the j shady peach groves on the Blueno<>e, Waipa "River, the property of Mr Edwin Stone, kindly placed at the disposal ,of the band. The committee have arranged an excellent programme for the occasion : dancing, cricket, swinging and all out-door amusements will be provided. It is to be hopsd that the day will turn out fine, and there can be no doubt as to the result. Mr Stone writes as follows to the secretary, Mr Scott : — " I have great pleasure in granting you permission to picnic on my property upon one condition, that you do not carry away any of the fruit, only take what you can make use of there. The steamer had better land you ;it the part known as Bluenose, about 1 j miles past my landing, that being the best place for your purpose, there being plenty of shelter on the ground. Trusting you will be favoured with a line day." A special meeting of the Hamilton j Light Infantry Volunteers, convened by advpiti-ement, wa^ held in the Royal Hotel lns-t night. There were about 20 members present, and the chair wai occupied by Captain Dawon. The chaiim.m stated that the meeting had been willed for the purpose of considering whether, in view of the poor attendance at parades, it was advisable to carry on or not, as it was not at all improbable that the Government would disband tho company. After discussing various matters in connection, with the company, it wa>; resolved, on the motion of Private Field, " That, owing to the small attendance, the meeting be adjourned till Saturday next, .it 9 p.m., all members present to endeavour to got as large an attendance as po-^ible, and thnt the captain advertise to the effect that, unless more interest betaken in the affairs of the corps, he will be compelled to tender his resignation and that of the company to tho Government." This was seconded by Private Hayes. B mdsman •Scott moved, as an amendment, ' ' That the resignation be tendered at once.'' This was seconded by Bandt-man Muuro. On being put to the meeting, the oiiginal motion was can ied by a large majority. This was all the bu^mi'ss, and the tnieting terminated with tho usual complimeui; to the chair. An effort is being made at Te Aroha, to erect a public hall, and already a considerable sum of money, something like £100 has, wo understand, been subscribed. Should the township continue to grow as at present, the want of some place in which to hold public meetings, &c.. wiU be greatly felt and stops towards its erection, cannot bp taken too soon. A public building of this kind, would also temporarily supply the place of a church. At present, religious Hervicev have to be hold in all sorts of inconvenient planes : the Rev. Mr Calder conducts the service of the church of England in the open air, there being no building large enough to hold the numerous congregation which go to hear him. A meeting of the delegates appointed by the various Cavalry Troops in Waikato to make the necessary arrangements for the proposed grand review at Easter was held at Ohaupo on Tuesday. The meeting was convened by circular, by the officer commanding the Waikato Cavalry. Major Jackson, and theae were present :— Major Jackson (in the chair), Oapt. Rutheiford, Sub-Lieut. Wilkinsoii, and Trooper Roche, (Te Awamutu), Capt. Kunemian, (Cambridge), and Sub-Lieut. Hunt, (Hamilton), Lieut, Fisher, (t'ambmlge), was unavoidably absent, and Lieut. Johnson's notice to attend, had by some means failed to reach him. After discussing the matter it was lesolved that the Review and Sham Fight should ta'<e place at Te Av/amutu on Easter Monday, .is a return for the leview at the Thames last Easter, this arrangement to be subject to the approval of the officer commanding the district, Colonel Lyon. It was further resolved to ask the Government to assist by placing at the disposal of the Cav.ihy the necessary camp equipage, such as tents, ice, for the accommodation of the visiting Volunteers. It was decided, notwithstanding that the review is primarily a return compliment to the Thames Volunteers, to invite allthe other corps in the province, including the Waiuku Cavalry Troop. After some other business chiefly relating to details the delegates separated with a vote of thanks to the chair. A very early resident in the Waikato in the person of the Rev. Father Pezant lately departed this live. The rev. gentleman's career is, sketched by a contemporary as follows. He was one of the pinoneer missionaiies of the colony. He landed at Kororareka oil the 11th of July lSiO,'in the North Island, from theFienoh warship L'Aube, and since thnt date, many are the places where he has carried the good teachings and consolations of religion, aud many are the friends he has ,won to himself by his cheerful and kind disposition. Shortly after his arrival in the Colony, he accompanied Bishop Pompallier to Akaroft, then a French settlement. Afterwards he ■ attended the districts of Tauranga and Rotorua for four months, and spent three years amongst the natives of Waikato. It may be mentioned that in the opinion of the most competent judges Father Pezant was deemed to be one! of the best Maori scholars in 'Hew Zealand. The rev. gentleman performed his missionary duties (for somet ime in Auckland and Wellington. He had tho charge of Taranaki for nine months, and afterwards of Otaki ion about six months, but^the place of bis 'predilection, where- be spent 17 of the happiest years of Ms life, was 'Wanganui. During that time, or at least for nine years, he had to visit New Plymouth several times a year on foot. His last 11 years were phased in tbe Provincial District of Marlborough, where he died.

One of tke'cliief _ events of tlie approaching session will, it is reported by <! gossip " in the Times (Wellington), be th'» withdrawal of the tax on beer, and the'impoiition of school fees. ' That is to say, an attempt will be made to have two things done; and ; if- tho' Ministry do npt yield, and work with those who lead the moveme I ht,"j! then ihe r Government will be opposed on those points. The interests connected with the'be'er tax are powerful, imd they are prepared to play ( a Btrong mm'ws session. '< The 'whole beer inter le*t, H is thmght, will be secured for the SPW)pO3ftl tfllF^iB*P9?3,folWQH^ ???J n g j thaj ,th,e, ren^oyftt pt ifcfee #i#P|ffflw HPfl» it. There will be numepows vs.ssgxfopfy\ auxiliaries, in the shape of ,'tWe Oacboija -mrty, 1 who }-arje / again?ty^th.p.iayste m , isiWe.-^rBcJip9ls.party y^nd,%^e who are -9»&Wa4 ft? $hs,state paying for the educa- ' tfoo «f fto fsmfi ' „i ; *', >v • . \

*» 'ips Excellency' the (Joverflbry , ar- • rived at TVaotu from Cambridge <it about 6 o'clock on Satmday evening 1 , having made a halt for luncheon in (he neighborhood of the Paeroa Station. At the Waotu,' they were mad^ei pretty oo,infQft'-' ablo at Hurry Carter's Hotel. On- Sunday morning, they left for Rotorua on horseback, Mr W, K. Carter's four-horse waggonette, and the A. C. waggon returning to Cambridge. At Ohenimutu the Governor and party afc»yed at the Lake House Hotel, and on Monday, enjoyed the luxury of a swim in the Lake. No public demonstration was made by che natives, tbe visit being apparently of an altogether unofficial character. From Rotorua His Excellency was to go to Rotomahana, and thence to Napier, where it is intended the Hinomoa will be in readme&s to convey him to Wellington. The " European Mail" states that the Bell-Coleman Mechanical Refrigeration Company, of Glasglow,, hnve just constructed a very powerful refrigerator, which is to be depatched in a few days to Sydney. The machine, which has been ordered by the Government authorities, is intended for cooling meat supply. Speaking at a banquet on board tho Orient at Liverpool lately one of the managers of the Orient Company said that ere long steamers of 10,000 tons would be running at a speed of twentyone knots an hour between London and the Australian colonies. As a writer in the European Mad observes, a steamer of 10,000 tons would a floating castle indeed, and a speed of twenty-one knots an hour a consideration, for at this rate Now Toik would be within six days of Liverpool and London, the Cape within fifteen days, and Australia and New Zealand about twenty- nine or thirty days. The small bird pest complained of in this district appears to be causing couhider.ible havoc in the Southern province 5 ". Reports from Nelson stiite t.hat the yield of fruit this year is likely to be seriously affected by the gre.it increase of fruiteating biids, the parroquets and bl;ickbirrls swarming about the orchards literally iv myriads. A gentleman who h<s just returned from Nel«on states that in one particularly line garden of an acre and a half, where the yield has hitherlo been exceptionally good, theie is wot this year a vestige of fruit of any kind, fro <■ apples to currant, "o clean has been the sweep m.ule by the bird pest. A correspondent of tho Ottilia ri' JLdl states that the other day he and two other men, by means of Udders, searched the trees on his property, and captured about 57 spanows and sparrow eggs, together with nests. The "Daily Times" thinks it is tune for England to consider whether she shall not extend her influence in the South Seas, by taking formally under her protection the New Hebrides and Friendly islands, between which gioups the Fijis are situated, and which seem speciality marked out for British control, with New Zealand as a centre of government. Pu'eks were read at the Church Congress Yvhich. confhm, in a remarkable manner, the truth of Mr Bright'sepigiam ' that the working class care as little for the dogma as the upper classes for the practice of Christianity.' Canon Bany, reporting on ' the religious condition of the nation as represented by the upper classes o.f bocicty, ' ."-ays that 'unlimited scepticism, the positive license of a conscious ungodiiness, and a resolute selftiust and self-will are their only rule of life.' The Bishop of Bedford, who reported on the industrial classes, stated that, without much speculative unbelief or hostility to religion the feeling of the masses is that of simple indifference. 1 The speakers had, of course, no intention of vindicating Mr Bright, and their testimony is all the moil? ' Valuable on tint account. Their gloomy picture of the t\\ o extremes of Society is hardly relieved by the account given m another paper of Hie religious condition of the middle classes They contain, we are told, the religious might of the nation, but they ' display deplorable moral weakness in reference to commercial transactions.' The admission that the most religions part of the community is deeply tainted with commeicial dishonesty is, at any rate, courageous, and if it be true, it complicates the knotty problem which the Chinch Congress lias set itself to face. — Pall Mall Gazette, This Hvttdvs Courts Acr.— An Araeiican contemporary, wiiting of the state of affairs, in Ireland, says: — "Tho serious measure advocated by the "Times" was List put in foice in 1871. The Habeas Corpus Act was suspended in a district in Ireland, and power was granted to Hie Lord-Lieutenant to i^sno his warrant " for the direst and detention, without trial, of any person whom he had reason to suspect of belonging to tho Ribbon Society." The effect of that Act was magical. The district, named in it beoime as quiet as any part of Ireland. The Act expired iv 1873, but it-" effects continued down to a late period. The long line of secret societies covered by it extended over a period of a hundred years. Towards the end of the last century the " Houghers,,' so called fiom their system of proceeding by houghing cattle, extanded theic operations to tho lifira-strinwiuf? of British soldiers, by stewing behind them and severing the tendon Achilles with a heavy butcher's knife. They were followed by the " Terry Alts," and'-White-boys" and " Lady Clares," and the'-e by the Ribboumon and Molly Masruiros, the litter society changing its locality from Roscommon to America about twenty years ago. The Ribbon Society continued to flourish in WestMeath, Me>ith, and King's County until the law made a vigorous crusade against it."

Messrs W. J. Hunter and Co. will sell by auction, at the Cambridge jards to-day, choice fat steers, fat beef, pigs, Bee, &.C, ati o'clock. The programme of the Kihikihi Races, to tjke place on the 17th March, appe.irs in our advertising columns. Mr B. Montague, Victoria Eoad, Cambridge, ad\crtiscs fh.it ho requires ten good swamp hands ; wages, 7s 6d per day. Mr J. -S. Buckland will sell, at 1 the Cambridge Yards, on Tuesday ne\t, dairy cows, Shorthorn heifers artd bull, fat steers, sheep, &c. Special attention is called to the price list pi the E.od,anow Manufacturing Co., of Boston, published m these columns. All those wishing, to secure an cvcellcnf: and correct timekeeper are recommended to i address themsch es to this old' and reliable firm. No further evidence of their manufactures will 'be required beyond the following facts: The firm was established in 1849, and since then have gained prij-e medals at the Exhibitions of London, Paris, Vienna, See, for excellence of manufacture. They arc appointed, by warrant, watchmakers to the Queen ef England, Prince of Wales, the Emperor of Russia and the Bey of Tunis. The new pure cash system now being initiated by G. and C. will certainly prove a benefit to the public. It has been a grant success in Sydney and Melbourne, and when strictly corned out the customer who buys -at an 'est'abjish'ment w.hefe the goods are marked low to ensure a rapid sale must be a great gainer. , Gl and C. sell their drapery millinary, and clothing at such prices for cash 'as , gives the buyer the' advantages of a shareholder in a co-operative society, without the risk of being called upon to bcaeaportion of the loss should the year's business prove unsatisfactory. Garlick and CttMwrell,will-aifif to retain the Confidence which the putyip Ijave hithertg s,l}ow,n,them, and arc dcfcermlned'tQ give flj(S pure cash system a fair trial ; j whether, .they, gain or lose the fi«)t year. Country buyers on^remitting cash, with ordor will be supplied vnth goo.ds at cp-'operatiye prices ; jast the same as though they miidc d personal selection. v • Furnishing' goods, such As carpets, floor cloths, bedsfeads, beddinff, and general house furniture, the largest portion of which is t'urncd oiip at our o"wn factory, wilt be marked at pmtinßr4t*iyfeij)rifces'/and a disfcountpt .five gejr pjjßlj-^RJje ilf qwqd to thqae who pay laf fto tjme flfßurehwojJJ^C having reahsp.4 , cash 'sale, the preseMt'stacK j« srijv ASfl cifji^jpj^ bought. An inspection is invited.— GrAUueK AMB Cranwrll, City Hal} Furn)shing4Tcaie QueenS^eH, Auckland. ' ' '^' r ' l