Dunedin.

Bruce Herald, Volume IX, Issue 984, 3 April 1877, Page 5

Dunedin.

♦ . (From our own Correspondent.) The action brought by the Chalmers* to recover the Moa Flat Station property from the Clarkes, will, to all appearance, prove a veritable good plum for the lawyers — seven of thorn appear in Court in this case, and of those who are concerned in getting up evidence and arguments on either side, and who do not appear in Court, the number may be estimated at another seven. It appears that in 1867 Chalmers Bros, posseased Moa Flat Station, which was mortgaged to Bright Brothers, and that from having pressed the Chalmers for payment, one of the latter went over to Victoria, and there saw the late W. J. Clarke. This gentleman, after considerable negotiation, agreed to advance them £35.000, at the moderate rate of seventeen and a half (17^) ! per cent., or condition that Chalmers gave him security over their runs and certain profits and advantages in connection with the wool shorn on the runs. In August 1868, a,nd at a time when an agsnt of Clarke's was resident upon the station, Chalmers Bros, were served with a notice by Clarke that they had committed a breach of one of the covenants of the deed in having sold 52 sheep, and that in consequence of this breach Clarke wonld take adverse possession and exercise his power of sale. It waa alleged that the terms and conditions of sale imposed by the said William John Turner Clarke were hard, oppressive, and unusual, and that the plaintiffs allege aa a fact that if the usual terms and conditions had been imposed purchasers would have been readily found willing to give at least £60,000 sterling for the property submitted to competition. At the sale William John Clarke, a son of the deceased Clarke, was declared to be the purchaser for the sum of £55,000, whereas it was alleged that the father was the bam J&tc purchaser^ and used thg son's name to give colour to a sale in which Clarke, senior, could not legally purchase, directly or indirectly, the eon's name being in that manner uaed coliusively and fraudulently. Subsequently 45,000 acres of this land was surrendered, Clarke received compensation from the Crown, p v nd purchased the surrender land at 143 8d per acre. This land is xxow estimated to be worth from £4 to £5 per acre. Plaintiffs a great many things to be decreed by the Court, but the chief requests are that the sale made by Clarke under his mortgage security may be declared to be a wrongful, improper, and oppressive, exercise of his power ; and that the purchase by the two younger Clarkea of the block of 45,000 acres may be decreed and deolared to be a purchase made for the benefit of the plaintiffs. Speaking roughly, a sum of some £200,000 is involved. Plaintiffs explain that they were riot in a position to proceed in the matte? soener. We have got oufc of one holiday time into another. "Jhd race meeting being just over, another impediment arises in the shape of the suspension oi business on Good Friday and Eftater Monday. The present holiday system is v»ry unsatisfactory, managing as it does not only to interfere with business but to give no sufficient time for recreation, is a matter that could advantageously be discussed in detail during the next big gooseberry season ; but in the meantime expression nay merely be given to a hope that for some time to come there will be nothing to interfere with, steady daily effort The amusing little incident which oeenrred in Mr Reid'a office the other day has been the talk of the. town, and created quite a sensation. Mr Prondfoot's organ professes to give a detailed account of the affair, and saya it has been at some pain* * a making diligent enquiry. Howeye*, it i« understood

that deapite the pains and the diligent en- 1 quiiy the «tory as therein told i« anything but ' oomplete. Mr Beid did not threaten to cram a bundle of papers down Mr Proudfoot'a throat till some* observations had been made to him, nndLon that portion of ihe painstaking and diligent narrative: a palpable omission occurs. The matter, > howerer, does not spring from a neir 'quarrel. It appears to be a continuation of the difficulties between Mr Reid and Mr Proudfcot in the arbitration case (when Mr ]leid represented the province and Mr Proudfoot himself). At that arbitration various pointß were fought out bitterly on each side, Mr Reid standing up for the province tooth and nail ; and were it "not that there were others present, trouble might at that time have arisen. No good can result from discussing this lively little shindy, at the same time it may be pointed out that no matter how painstaking and diligent one may be little omiaaiona will occur. The Dunedinites and the inhabitants of Port Chalmers have now got over the smallpox scare. The intense public interest displayed hai not, however, been without its useful phase. The sentral authorities at WeUingtoniimve been commented upon in a pretty wholjgiome manner, and the necessity has been forcibly demonstrated of a local board of health to dealwith vessels arriving at Port Chalmers. The Dunedin Jockey Club, at itsj .meeting on Saturday night, dealt with some complaints made to it in a way that should be a terror to. unscrupulous individuals who depend for their living on the pickings of ihe turf. On the conduct of John Coleman, ft list better, they came to the following unanimous decision :— " ITaving been proved to the satisfaction of the stewards that John Coleman has been guilty of dishonest practices, also of disgusting and abusive language on the Dunedin 'Course during the late meeting, it is resolved that John Coleman be warned off the Dunedin Course ; that no hone trained by him, owned by him, or in any way under his care, joint care, management, or direction ba ever allowed to run on the Dunedin Course, or on any course wherein the Club shall hold their meeting?. Should such horse, by accident, be permitted to start, said horse shall be declared distanced should he come in first." Ido not know if Mr John Coleman feels proud of the certificate which has been thus gratuitously presented to him, but as the disqualification touches him in the tenderest part— the pocket — he will, no doubt, see, when too late, that honesty is the beat policy. If the Club continues to make itself a terror to gentlemen ef Mr Coleman's description it will earn the public respect, and make racing leas dubious.