TE AWAMUTU.

Waikato Times, Volume XXIX, Issue 2390, 3 November 1887, Page 2

TE AWAMUTU.

Wesleyan Concert.—A concert in aid of the circuit fund was held in the hall oh Tuesday evening’, and as the weather was all that could be desired, and the lady and gentlemen singers were well-known favourites, the attendance was fairly; good. The Rev. Mr Mather, who was chairman, in his opening remarks stated the object of the concert. He said that owing to the frequency of wet Sundays the collections were not so good as might reasonably be expected. Thus there was a deficit which this entertainment was intended to make up for. The gem of the evening was “Jessie’s Dream,” sung by Miss Allen, who was loudly applauded, but who did not respond to an encore. A singer new to this district sang “The Soldier’s Tear” very well. The singer was Mr Paltridge, and as he is a resident here, we hope to hear his voice on future occasions. Mr 0. Hunter, a favourite wit!) tfje Waikato public, sang with good effect “The Scout” and “The Old Brigade.” “ The Bugler," by Mr G. D. Hunter, was also well sung. “ The Captive Knight,” which was very sweetly sung by Miaa Davies, was well received, but “ Kathleen Mavourneen " by the same lady was considered by some to he better even than “ Jessie’s Dream”; this lady has a very sweet voice. “ The Chorister ”by Miss Carley, and the readings “The Natural Bridge” by Mr Wright, and “Our Guide in Rome ” by Mr Morrison, were well received. The pianoforte duet, “ Marohe aux Flambeaux,” by Mrs Mather and Miss Bayley was exceedingly well rendered, and was greeted with loud applause. It is a pity that there was only one duet of the kind on the programme, as hearing it made the audieuge wish for another such treat. Mrs Mathe'r, Miss AUep, and Miss Carley played the accompaniments for the various singers. A vote of thanks proposed by the chairman and seconded by Mr A. Smith, junior circuit steward, was carried with acclamation. “God Save the Queen” brought a very pjoa.sqijt entertainment to a close.

Disorderly Conduct.— Five men named Macauam, Curran, Smith, Toomeyand Wall were brought before Messrs Beckett and Hutchinson, J.P.’s, on Tuesday, charged by Constable Berriman with being drunk and disorderly at Te Kuiti on Sunday, the 23rd October. All pleaded guilty. The two first were fined £2 and costs, Smith 10s and costs, and the other two 5s each and costs. Another man named Darby was charged with the same offence, and also with using abusive language, but ho has absconded. Constable Berriman is determined to make an example of any such offenders. The Cheese Cheese Factory began operations on Tuesday with a supply of 280 gallons. The Rateranoi Creamery.—Operations at the Baterangi Creamery are suspended for the present, owing to there being no coal.

School Examination.— At the school examination Mr Crooks presented 40 pupils, all of whom passed successfully. Mr O'Sullivan was highly pleased with the management of the school, R.M. Court. —Two cases of more than usual interest were heard yesterday at tile Te Awamutu R.M. Court. Johnson v. Helps vyas a case in which Mrs Helps had been sued as executrix de son tort (of her own wrong) of her lata hqsbapd, Mr Alfred Helps. Mr ttay, of Hamilton, appeared [or the plaintiff, and the defendant did not appear, and was unrepresented by counsel. Mr Hay said that ho would like the Court to take the evidenee he had to produce at once, but suggested that judgment might not bo given until the rising of the Court, in order to allow of Mrs Helps put ting in an appearance later. He then quoted a number of authorities to show that any person intermeddling with, taking possession of or dealing with a deceased person’s goods without authority of law was liable as executor de son tort) to pay any creditor who chose to sue subject to certain limitations. He called the plaintiff, who proved that he lent Mr Helps £25 5s four years ago at interest. That about two years afterwards’ Mr Helps died. That Mrs Helps took possession of the deceased’s goods and had sold a portion of them. Her house was well furnished, and she had two pianos. He claimed t’JIS (is 7d for money lent and interest.—John Douglas 1 [ill proved that ho had bought some of Mr Helps agricultural implements from Mrs Helps for £l4 10s.—Alfred Smith proved that Mrs Helps had since the death of her husband sold to him three head of cattle and one horse, the property of the deceased. Judgment for plaintiff,

£33 (is 7(1, and costs £8 His.—Farrell v. Gifford and another. This was a case in which plaintiff sued defendant for damages sustained in consequence of defendant neglecting to keep his portion of a dividing fence m proper repair, whereby the plaintiff lost some sheep, and was damaged to the extent of £ls 7s. Mr Hay for the plaintiff reminded the Court that the case had previously been before it in a quasi criminal form, when the defendants were ordered to repair and to pay £l2 for the construction of the fence, which had been made by plaintiff. By his (Mr Hay’s) advice the case had now been brought for damages. The fence was not what is called a legal fence, being of titree brush, but it was pointed out that section 34 took the case out of the operation of the Fencing Act, 1881, and left the parties to their remedy at law. Sections 5 and Gof the Impounding Act, 1884, alao bore upon the case, and gave the right to sue, as the fence being erected by agreement was a sufficient fence under the Fencing Act, although constructed ot brush. Several witnesses were called for plaintiff to prove the agreement, the subsequent breach of it by non-repair, and the damages sustained. The defendant and one witness were called to prove that plaintiff’s part of the fence was also defective, and that the damage might have been caused by his own default. The Court thought that a breach of the agreement to repair had been committeed, but before giving any judgmentdesired to make a personal inspection of the fences. Jndgment was reserved until the 10th instant.