NELSON.

Lyttelton Times, Volume XII, Issue 705, 10 August 1859, Page 3

NELSON.

v By the Emerald Isle we have papers from this province' to the 27th ult. .': From the file we take the: following paragraphs :—, ..; i;i . ;

ACTION AGAJNST THE SUP^BINTENPENT. | On,.^^^ of i Messrs'. Moore and Ctitjbs, macle application, to the ■'Judge for a rule1 requiring the Provincial Gfovenir '. ment to show cause why a mining, lease Should not ;be granted to the above named parties. ' Arid after I Hearing rthe statement made by Mr. iTravers, referIring, to documents, and subjecting the arguments adduced to an examin^ion .with 'the Srecisipn and rigour of a,Coutt pf itaw,, bis Honor ie. Judge granted the ruk. The case, we under-' s^an'd/wiir'ijpme1 on for decisiye heading at Wei- : lington in the early part of September, when' it: : will be argued before the Judge sitting- inhianco.—^ .Examiner, July 20. * ' : '

PBOVIjISrGIAI.: lATTS. : ■In, the report of the argument on the above case the foliowing^mportanipassage occurs:«r- .' ','' "^ ' jSis'' Honor said he observed that'tlns application was,' against ;ibhe • if Mn' Travers Were, therefore,' i'elyiiig upon Provincial laws1, he presumed they were set forth in the aflidavits. ' • ;Mr. Travers said they'were, in sp! far as they were t material for the purpose of this application^ which was made to cotnpel, the performance of a duty imposed", by the .Nelson Land .Regulations, under the proyisipns of the W^e iLands Act, 1854, which regulations yere published in ' tie Government Gazette; f ; '.

; His Honor asked if Mr. 'Travers: contended that he was 'bound;;to take judicial notice'of provincial laws and of the,Goyernme^Gazettei;> r<- •:■ Mr.: Trayers said he apprieh;eiided that his Honor was boun^ to ,dp so. • The Prbyihcial Councils were legislative (ponies, created .by '{he same act created^ tiie'lGeneral1 Assemblyj aiid they held a cbbrdinate pQ^er with the lattei' iii framing, laws for the gpyernment of the provinces. ' : ;' \ 'His^Hbnpr asked to be shown how he was to be b^und by the Government Gazette. He raised these points, not merely tippn technical cpnsideraiipnß, but with a yiew~ that spine fettled course might be arrived at/as he fpund that, in practice^ lin'any jpo;ints of the kind Iliad1 been assumed, which in iiis 'opihibn were npti'entitled to; any weight, aiid the sbonerthis was known the better. :- '■'

; Mr. Travers asked if ;his Honor held that the Court was'not bound to take judicial cognizance of the proymcial laws ? : ! : ;: ! : : . j'His Hpnpr-—pe.cid^dly, until they are .duly jjijpved. vThe juidges of the Supreme ) dpurt were riot Judges for tlie provihces'V and, without disrekpectj he would sug^e'at that the difference between the laws of the General and Provincial Griuricilß was as great las that between the law's of the General Assembly and the}by-laws,of a corporation. ],It .would ;be : ;fpolish to .Rtipposfi that any Ju.dge wpuid take judicial notice of the laws of the provinces.

Cobone'r's Inquest,—-An inquest was held yesterday; at .the house of ".Mr. Henry Brown, Waimea East, on the .body of Thomas Brown, aged eighteen months, infant' son of Thomas Brown; of Branch Valley, who was accidentally drowned by falling into, a well at -his father's house.; The evidence ; showed that,. the. child t was playing .with frjsj brokers. andfsisters, all r y.eiy young,, and .that one of them haying raided tKe lid which coyered thje hole in .the wfell-Cap,' had forgotten •to shut it down,; and.the deceased fell in' without its being perceived % the others' untfl'after a lapse of about fifteeh minutes, when, orijhis father* going out for him, the.melaricholy accident:.w.as discovered. The Jury returned; a yerdis : of " Accidental death.".;; .'.Ne^: ;ZEAi^Np :^.tAXfrrWe 4 haye sejena sample of 'flags', dressedby' Mir. Jtf'i&lashan,'^hich to us seems to possess .Qualities calculated to recommend it to the,attention of those gentlemen among us who have commercial correspondents in England. It appears to yield a thread of considerable -length and strength,:and if :use could be found for it among our. home ;ri}anufacturers,;whoiknows but that^thie preparation.of, flax mightrate aihong the principal prpductsipf our island. ' ' \ I' :*£ h:e'Bßtd^srTiitE Mi.ECHioNESs.-rOn Satutday last, an auctibn sale";was &ld by:.Messrs. Nash and Scaife, of the hull and (sargo of the Marchioness, lately Wrecked in <^ueitt; Charlotte Sound. There was a large'attendance at the sale, and the hull and its cpiitents were sold to'Mx. Gilbertaonfor th« sum of £80; ..;: . ■ ■.:' ■•.>.' ■ . i/,-.;-';] -^^^:^ r Floods in thb !RiTKE.--;The heavy fall of ram during the' last -few ;dajjs' has; caused /moat of the fivers near towi> t6 be considerably flooded, but, we have heard'of no great damage having been done. The wooden breakwaters recently .erected by the Board 'of rWorlts in' the Maitax river w^eret regarded with somel curipsity; ■•J>us both they .and the Coliing\ypodTbridge', have stood s the test admirably, and are -founcl .'io be' ; pf: great service—Examiner, July^7."""'" "■■i- ■'"'•■■" '

TJHE JifjEW ZEALAJfp HOJJS^S IN T^e:'^lsoja EWminer';giws .the;followinginforaaaiipn' W^^'sd|ati6n.s ; fro*n> the Australian paprs respecting tWsuccess of 'the' horses of that iii-ovihceiii'^ew; Sodth Vf ale's.arid Victoria:— ;'No: le^s thari1' W6'nty-four' horses have been entered for' the Great Championship Race", to be run in Victoria rons-the Ist-of;October:next. Of this number, Victoria .furnishes; eleven, Tasmania four, four,- New> South = Wale.s three, and Soutir Australia |wo; but as two of the three horses 'frpnV Sydney' !.(JZbe' and Zingara) were sent last year from Nelson^this province may be said'to contribute six of the cionipi^titors; or' a fourth part of' the whole number. Of these, five were bred here, the sixth! (Zoe) having been bred by -Mr. Icely, of; New gouth; VVnles,; and, ;hrouirhfc down here when a two^^ir-olcl.by Mr. Redwood. The

following are the nominations, and the initial. letters, w^ll show the colonies to which they belong - {: —Sailor (N^S.W.), Quiz-the^Wind (V.), The' Barber. (S.A.), ,Swords,man (T.),' Tricolour (V.) Tho Moor ,(¥.), Camel' (T), Black Bess iS:A.). Mvin e Buck (V.), flying Jib (Y.), Quickstep (T.)/'Sif Hercules (T,), Zoe (^.S.W.), Zmgara (N.s'w.) Strop;(NV), Miss Eowe (N,), Io"(Nl), Phoebe (N.), Alice, Hawthorn (Tj, Tomboy (V.), Flatcatcher (Y>), Praxiteles (V.; f i(V r V^fait-a-Wliile ,Thelatest state of the betting shows that Strop is t^e'favourite,'and )i^.af-from 'Mr.'Redwood,1 who lias returned 'home -for a/short visit; that ftier horse,, is perfectly,re.covere<| from the accident which beljel him on his passage to•'Melbourne. S^op is again '.'the,'; property, of Mr. lledwodd/.that gentleman having gi^en him after the'Hpmebush Meeting. The 'following were the latest, odds:—. ' .. ' ,' '"" "■' '■ .'•'■ : "" : ■' !i ■■■': -'■

The following remarks on horse breeding, taken: frpin the Sydney '* Erhpirie,' of June 4, will be lead: with interest" in this colohy. There cannot be a 1 doubt but that the climate of New Zealand i^ pecu-; ll^rk f^Y9«rAbles for horse breeding, for to no 6tber; cause can we attribute the extraordinary success of the Nelson horses on the Australian Turf. This fact, if turned to proper account, may hereafter become of the greatest im^portaitice to this colony :— 'VThe Homebush contests, just npw concluded, may^be supposed to be useful to station owners, as proving, to them how very much may be done by each individual owner in the improvement of his stocVif proper care .and attention is paid to them ;■ foritiis riowplaced beyond a doubt'that the supei riority attained over bur best horses last year by those • !then imported.(fro?n;-New' Zealand, was id; mere accidental success' 'snatched;b'y a'cbmbinatibn of lucky^^ accidents-^^as 'maintairied by matiy in Vic-' tpria in. rjaference to our pwh' success. tn^re--fbr we haves now the,.fact' established,'that a very little and a v^ry y,oun|» .<?olpny, whose area for ; grazing and whose number of horse stock io select from is perfectly insignificant when compared with ours, and having the further disadvantage of a dangerous sea transit, can send, one season after another~not one 'horse only, but a numberof horses—^-to compete fof'oar^highest' prizes, aiid become not only' rivals, but almost uniforni victors, iri the cpritest. Nbw,;M^ though; Apparently having1 aa 'interest!to the ,spprtmg\wprld^inay; _coihe tp.^have in. ini.pbrtant bearing in a pppimericiai point of i?iew, when taken in connection with the larg^ inonijy outlay pC the East India Government in their purchases of horses for their cavalry and artillery service: those purchases will be influenced, no doubt, by the relative character of the horses in the different countries from which they can draw their supplies; we haye hitherto been in the habit of supposing that our adjoining Australian colonies,, and the Cape icolony have:been oiiir only competitors in tlie of this item of export, but we learn that a lace committee of epcniiry in India has recpmmended the horses frpm^outh America as those most desirable for the Indian Government to; .purchase. This would almost imply that the New South Wales horse is not now the class of animal he used to be, when he took pre-eminence of all'others in" the southern hemisphere, not only for speed but f for endurance. The latter quality is, without doubt, the5 one which our racing' prizes should mpst aim at fostering, as it is the one taken fnTo account■■ '.by ,those'who purchase for cayalry pr artillery purppses, aiid,'indeed, also for. all colonial and business purposes. It caniiotfail, however, to strike any one who has visited pur other colonies, that the want of substance in our. every-day horse stock is more apparent here.than in other markets: and this, we think, arises from the breeders in Van Dietnen's Land arid Victoria; having been very enterprising in introducing heavier breeding stock on their runs, and, although their outlay in so doing may have been at first very heavy, they find the wises economy of it by tlie greatly improved price they obtain for their increase, besides being a class of animals always marketable."

The following description of Mr. Eedwood's horses, is by a writer.in ' Bell's Life in Victoria': " The general courtesy with which Mr. Kedwood treats, the sporting men of Victoria, and his anxiety to please all, have already gained for him great respect. Unlike th c majority of men connected with race- horses, he professes no secrecy^ nor does he attempt,to envelop in; mystery anything conn ected with -his stud; his object is not concealment, nor does,he evince any desire to exact a,favourable impression:.. his horses are there, and all .who. choose to pay a yis.it, can see them ajfc stable hours, and,are quite at liberty to make such remarks as they think proper. This frank and generous conduct, I am happy to state, has been duly appreciated; The performances of this gentleman's stud are of such recent occurrence^ and alike creditable, that I shall leave this portion to the columns of ' Bell's Life' to furnish any information required in this particular.'/' ."Without farther comment, I shall commence with the celebrated gelding Strop, the champion,^' the,two sister colonies, New Zealand and New South Wales ■: he is a dark bay, with black points, stands 15 hands 2 inches high, upon short legs., which begin to exhibit unmistakable signs of hard work, more especially his fore onesj there is, as might "naturally be. expected, after three severe races: over Homebush course, a staleness about his joints, that generally results, from galloping upon hard ground. lam of opinion it. will require an amount prtime before he, can properly recover from/ the evident shaking he has sustained. His general appearance is anything but flattering;. he has A long,'lean,Ordinary looking head, light neck, remarkably high withers, large shpulders, long lean back, coarse back ribs, very wide raggedy hips, coarse lengthy quarters, gpod'gaskins, deep brisket; - these are his leading features^.. It will be seen.that his external development speaks little for hini" as a first-class animal; in factj was'he' not Strop, he might with impunity pass as an ordinary hack. That his appearance is very deceptive, is proved by a reference to; his performances—yet, independently of this, I must see W believe this time ; if he can accomplish,his three miles, with lOst. lib. up, over Melbourne course-r-a.dead flat; including v ,two very obtuse turns in it-Tin, the',month of October, in 6 inain v '55"sec., T will retract my former assertion; until thett I sh^li remain 1 incredulous. Homebush course W a very'fast one, decidedly more so than any"in Victoria', and, if not altered within the last four years, is two chains short of three miles from the point they start; from for a .three-mile race. I am convinced he is not a flyer; he may and can stay, there rests not a shadow ot'doubi.and to this property I attribute; his victories. TWcompany he contended \vith at'Homebush was very secondrate; the only tvyo good animals in Sydney district were' drawn; *I allude'to:Zoe and Ben Bolt.: Ihave yet U> learh that: he 'has been opposed to,;a. horse like Flatcatoheri.w.'hQse pace has been ; well tested, ,who can stay any distance, and has shown himself

iT oj t'le garaest horses ever stripped upon ;he Melbourne; race courseJ If Strop can bowl him, The Moor, ari;d Tricolour over I jmutt then admit he is the horse for which, at prei sent,, I can't give him credit. Independently of all this, I iiiay.be in error; therefore, IJwbnld advise every reader of' Bell', hot to be led away by any remark that comes from mej it is an opinion ■ only I entertain1. 'V ' > !-! '■ < ' "" is Miss Rbwe, and a very aristocratic young lady she appears to bfe-^a pretty, corkey, .ganfie'looking mare. This handsome-yqung dame differswidely from her sehior'companion, Strop, i a , her general outline; in fact, the disparity must be ; seen to be credited. She is a perfect picture, an elegant racehorse. To attempt to descant upon' I her pymmetncaUonn, and to do It ample justice, . requires a far better judge and'infinitely bettkr" scribe than your humble servant.. I s hali;how^ ; ever, endeavour to give you her general formations;' Her head is long, clean ;ihade, narrow, and deer i» ,apd. Possesses a degree'!of intelligence and determination not to be found in our cbektails : a i bold, courageous eye, sharp small ears, iight airy neck, oblique shoulder, strong withers, l P ng round ; barrel, powerful back, good girth; well fashioned jhita and 'quarters, tail-: well set on, immense gaskms, 6pen stifles, arid thin small wiry tendons, small legs'and forearms, with long Sloping pasterns and small joints. .'She is a; rich, high coloured bay, about 15 hands 1 inch'high, black points; I should very 'much question if this is not Mr. Redwood's hest animal.! Judging from her fine symmetry, her superior quality arid racing appearance, she. will prove a tiger to the best kriimal Victoria dan furnish, all s^ccnd classers will'have an uiihappy time of it wh^n theymeet heiv—a very'shy chance, indeed, when opposed to animals of her' class.^ I hold her to be the Beeswing of Mr. Eedwood's stving, and upon' h^r'! intend tB sjibrfc my , flimsies. She is admimbly formed for speed and ; bottom: her owner speaks highly of her under welter but from this bpitiidn I most respectfully differ. ! Her pasterns t.re too "long and , too weak to carry weight, and these,- with her arched knees and very small forearms, are the only visible failings. Being possessed of these, she must receive my veto as a weight carrier. . ■ • ■ ; "Ib, three'years old, is a wel}' grown, lathy young filly, and very racing-like; her'height is ji about 15 hands, r This young mare,-.. like Miss ;i R9wej,has.an elegant fqrejiead;,indeed it is supe- ; rjor. She possesses a well-fashioned, clean, Wood ihead, small muzzle, hold eye : her 1 sljpyldera and withers are vastly superior to any™nS:™e^ baye, save and -except one or,two; in fact, !; it; is by anatomical formation the nearest to perfection ; I have seen. Her. brisket is a tremendous depth, ; long, thin, weak back, with very short back iribs, I lbqse loins, .drooping quarters, tail very low set on, : small, thin, wiry legs.. .There is one,remarkable ; peculiarity in this mare I almost forgot to mention I —that is, her immense length from the point of the shoulder to the extreme end of the buttocks. From ,the above description: it .will be seen that lo.is a ! long,, loose, speedy looking animal; one that I I should pick,, under light weights, to :be a very ; troublesome customer to shake off, for a short spurt. • appears to be her forte, yet she possesses the | great staying qualities, viz., great depth, and ; very, ! roomy in the region of the heart and lungs. "W"ere, this not more than counter-balanced by the want ! of power in her back and loins, and loose couplings, : I feel, inclined to give her credit for distance; ! but, as it is> I rest my opinion upon one and a half mile spin to be the journey most suitable to her capabilities. .

" I have descanted at some length on the New Zealand flyers, and, looking upon the string as a whole,,l am very favourably impressed with them, ■—each animal evidently possesses a fine constitution, a hardiness to undergo a preparation such as would kill half. the heavy-fleshed, flabby .muscle horses. There is a dash of blood in the two mares, and a richness of quality, of which we are at present . sadly deficient."

.4 to j agst Strop , , 8 to 1 agst Elatcatcher 8 to 1 agst Sailor '9tolagstZoe . 10 to 1 agst Tombpy 10 to lagst Quickstep 12 to 1 agBt The Moor 12 to 1 ag^t Swordsman 12 to 1 ags't Sr Hercules 12 to 1 agst Miss Rowe 12tolagstlo 15 to 1 agst Phoebe, - 15 to 1 agst Zirigara 2pto.lag6tNutwith 20 to 1 agst Praxiteles ', 15 to 1 agst Wait-a-whiie, "■;■ ■; vl5 to 1-agst Tricolour ;' 15 to 1 agst Alice Haw- ; thorn ■ ■ 20 to 1 agsfc Quiz-the-. Wind 20 to. 1 agst Barber ■'■ 20 to 1 agst CameJL ..'. .25 to 1 agst Black Bess 20 to 1 agst Flying Buck 15 to 1 agst Mying Jib