CANTERBURY.

Press, Volume II, Issue 44, 15 March 1862, Page 5

CANTERBURY.

SUPREME COURT. The first sitting for the despatch of civil business took place on Monday last. There were two cases, which it was agreed should be tried by the same jury, composed of the following gentlemen—l. T. Cookson, Escp, foreman, Messrs. A. F. Blakistou J. Bcaley. C. Bowen, W r . C. Beswick, S. Bealey, W. Bowler, jun, F. N. Campbell, G. Wilmer, G. Miles, G. Gould, E. B. Craig. The first case was that of Ross v Duppa, in which Mr. Duncan appeared foi 1 the plaintiff, and Mr. Travers and Mr. Harston for the defendant. The case was briefly as follows in June, 1860, Mr. floss accepted a situation as manager of a sheep station belonging to Mr. Duppa'on the following terms; that his salary should be j&OO a-year to be paid half-yearly, with ten per cent, interest for any time that it might remain unpaid after certain specified days; this salary to be increased each year by _CSO, till it should reach the sum of ±'500 ; Mr. Duppa to have the power of determining the engagement at any time on paying £lbO over and above the amount of salary then due. Mr. Ross on his part engaged to serve well aud faithfully am? to the best of his ability, for the space of five years. In January, 1861, Mr. Duppa wrote from Melbourne to inform Mr. Ross that ho should not have occasion for his services after April next, and on his arrival in Canterbury proceeded to the station to settle their accounts, when he offered him a cheque for £d 7 Bs. in payment of all demands. Mr. Boss refused to take the cheque, believing himself entitled to the -£150 mentioned in the agreement, and hence arose this action. The issues \vcr*c :— 1. Was the plaintiff able to serve, and did not tin- plaintiff faithfully and diligently and to the best of his ability at all reasonable times serve the defendant while he was in his employment, under the agreement in the declaration mentioned V 2. Is the defendant indebted to the plaintiff m the stun of

£97 Ba, being balance of salary due under the said agreement' with interest, or in any other or in what sum ? li. Is the defendant indebted to the plaintiff in the sum of £150 on account of stipulated compensation to the plaintiff by defendant under tho said agreement, with interest, or in any other and what sum ? Mr. Duppa stated in his evideoce that Mr. Robs had in several important particulars acted directly contrary to his instructions ; that, though tho expenses othe year were excessive, ho had made scarcely any im provenient ou the run, and that what he had done in that way was ill contrived and badly executed j that ho had kept no books; that he had been very neglectful in attending to his duties ; and that generally he had shewn himself very inefficient as a manager, and entirely failed to give satisfaction. Mr. Ross on the other side maintained that he was left with discretionary power to manage the flock, and that on those occasions in which ho had deviated from his instructions, he had acted to the best of his judgment, and to Mr. Duppa's advantage. Mr. LocKtiAUT and Mr. D. Duppa (nephew of Mr. Duppa) were called for the defence. The former deposed that he had known Mr. Boss for ton or twelve years, and that, judging from the way in which he fulfilled his duties when similarly employed by himself, he considered him quite capable of holding a situation as manager of a station. Mr. D. Duppa said that he had had abundant opportunities of observing how the management of the station was conducted by Mr. Ross, who in his opinion, hud served Mr. Duppa to the best of his ability. After a very careful summing up of the evidence by the Judge, the jury retired, and after a brief deliberation returned into court with a verdict for the plaintifl ou all the issues, interest to commence from '2nd April, 1861. Do uu las v. Bi'itKi: and Buittan. This was a trial for damages for breach of contract. The defendants sold the plaintilf a run, but, their title being disputed, they were unable to put him in possession. He therefore claimed tho return of hia purchase-money, £1000; and £1000 as special damages to cover expenses to which he had been put when preparing to occupy tho run, and £.1000 general damages for breach of contract. The defendants paid into court £1000, purchase-money returned ; £50 for special damages, with which the plaintiff was satisfied, and one shilling for general damages. The issue therefore was, —Is tho sum of one shilling paid into Court by the defendant- in satisfaction of the general damages claimed by the 1 defendants in satisfaction of the general damages ' claimed hy the plaintiff for the breach of contract in ' the declaration mentioned, sufficient to satisfy such i claim, or is the plaintiff entitled to any and what Bum 3 beyond the said sum of one shilling in satisfaction of I such damages ? Mr. Travers and Mr. Williams an- : peared for the plaintiff, and Mr. Duncan and Mr. : Harston for the defendants. s Mr. Douglas in his evidence said that he was ; induced to buy the run in question on the repreaoni tation of tho defendants that the title was good, and i that it was not affected by tho boundary dispute ■ between Canterbury and -Otago. They did not \ attempt to conceal the fact that Mr. Luxmore was iv possession, but asserted that he had no right whati ever to occupy the run, and that they would undertake to eject him. Mr. Guinness was the next witness. He detailed the action he had taken in the matter as agent for the defendants/and stated, that Mr. Brittan had iv bin prcscucc, explained to Mr. Douglas, that Mr. Lux more had taken forcible possession of tho run, from which * himself and Mr. Burke would undertake to eject . him. , Mr. Luxmore was then called, and stated that he ■ had taken possession of the run in the month of : March, 1860, under license from the Otago Govern- • ment, with whom, as the property was involved iv tho , disputes between Canterbury and Otago respecting tho boundary of these provinces, he had been obliged to i enter into a bond of indemnity. In tho month of 5 November of the same year he sold the run, shortly 5 after which sale he received notice of ejectment from I the defendants. lie was nwaro that Mr. Burke J claimed part of the run, but believed his own claim to r be a prior one. i Mr. J. Williams, the next witness, produced the ' minute book of the Waste Lands Board for 1860, iv, ' which it was notified that Mr. Burke had transferred ' all his rights, interests, and pasturage licences, Nos •221 and *222, 50,000 acres, to Mr. G. Douglas. This > closed the ca c c for the plaintiff. For the defence M. W. G. Brittan was tho firtt ' witness summoimed. He stated that when Mr. $_iii- . ness first called upon him with Mr. Douglas about ' this purchase, he mude some remarks upon the sroallness of the sum offered, and that Mr. Guinness ex- ' plained, in the presence of Mr. Douglas, that this ' was in consequence of the difficulties that had arisen, through Mr. Luxuiore's being in possession of the 1 run. He fully explained to Mr. Douglas the nature of Mr. Burkes title, and added, that though he w_s himself convinced that the run was in tho province of Canterbury, it could not be finally settled till tba ? dispute with Otago relative to the boundary was 1 determined. \ Mr. Buhkk was then called and stated that he \ knew Mr. Luxmore's sheep were on tbe run when he

sold it to the plaintiff; had it not been for that difficulty iv obtaining possession, he should have asked a much higher price. Part of his agreement with the plaintiff was, that he should commence proceedings against Mr. Luxmore to compel him to remove his sheep, which proceedings be instituted in the Supreme Court in his (plaintiff's) name. He had previously offered the run lor sale to Mr. Pollard, but could not" recollect whether the price then allied was .£IOOO. He had never any doubt about his title to the run, but would not have guaranteed it. This closed the defendants' case. The Judge summed up, pointing out to the jury that the question might be considered as affecting either real or personal property, and that as the damages would vary accordingly, must state what would be tho amount in either alternative. The jury retired, and after deliberation brought in a verdict for the plaintiff in either alternative of .£4OO.

Municipal Council.—The weekly meeting, at which all the members were present, was held at the Judge's chambers, on Monday last. The Committee appointed to" draw up the bye-laws, brought up their report; and with some few amendments the report was passed. A resolution was moved by Mr. Alport, and seconded by Mr. Wilson, and carried—" That in accordance with the provisions of the Ordinance, the bye-laws submitted to his Honor the Suberintendent lor approval." Messrs. Wilson and Barnard reported that they had consulted Mr. C. E. Fooks relating to the drawing up of a ratepayer's roll, and after some discussion, the plan submitted by Mr. Fooks was approved of. A resolution was carried authorizing the Chairman to receive from the Provincial Treasurer the sum of £3,000 voted for the uses of the Council, and to give a receipt for the same. The matter of the duties of the Clerk of the Council was adjourned to tbe next meeting. The Council then adjourned. CANTERBURY ItIFLB VOLUNTEERS. At a meeting of the Committee for the Christchurch Companies on Saturday last, the following resolutions were passed :—- ---"1. That Mr. Banks and Mr. Ollivier be authorised to obtain signatures to the under-mentioned circular : — " We, the undersigned Bankers, Merchants, Professional Men, Storekeepers, and others, hereby give notice that our clerks and servants, who have joined or wdio may hereafter join the Volunteer Force of the Province of Canterbury, shall be at liberty to leave our respective offices or houses of business on every Wednesday at 1 o'clock, for the purpose of attending parade." "2. That the several companies be communicated with, for the purpose of ascertaining on what terms they will admit Honorary Members, suggesting at the same time the desirability of uniform arrangements." "3. That Messrs. Peacock, Aynsley, Reeves, aud Donald, be requested to allow their names to be added to the Committee, with the view of acting as a Branch Committee in Lyttelton." "4. That the same request be made to Messrs. Blakiston, Fuller, W. H. Revell, and Kich, at Kaiapoi. "5. That a Subscription List be opened for the purpose of providing Prizes to be shot for by the Volunteers of the Province, for furthering in other ways the progress of the Volunteer Movement, and furnishing assistance at the discretion of the Committee for the payment of the current expenses of the Corps." "o. That it is desirable that a representation should be made to the Provincial Government, that in order to retain the Volunteer Force on a permanent and efficient footing, such pecuniary assistance is indispensable as will defray the ordinary expenses of the Corps, including the uniform, of the men; and that it appears to this committee that not less than £5 per man would suffice for this purpose." " 7. That Mr. C. W. Turner be appointed Treasurer, and Mr. Ollivier Secretary to the Committee." There was the usual target practice on Wednesday last, at Papanui; five rounds were tired at 100,. and seven at 200 yards. The weathor was delightful but owing to a very bright side light, (the worst possible for practice) the firing was not good. The highest score made at 100 yards was twelve, by private Mcddings, who made three bulls-eyes. The percentage of points to shots was 132. At 200 yards, the highest score was seven, and the percentage was 58. It is but fair to the older members to remark, that many of tho new members joined in the practice, thereby making the score very different to what it would have been, if confined to the more experienced shots. K4IAPOI.—A meeting was held in White's Music Hall, on Friday bust, of which we should have been glad to publish the particulars, had they beeu furnished We believe the result was the enrolment of twenty-three members, and that tne nomination of officers will take place to-day. Cricket.—The return match between College and Union Clubs »;. the Eleven of the Albion Club was played on the All Canterbury cricket ground at Hagley Park, on Monday last the 10th March, when the former 'won in one innings with twenty-three runs. The following is the score. Albion. l«( Innhujs. 2nd Innimif. { w ee *. w 1 Vt '•• .? l''Bbw, DM-urn-.'.. 1 J. W.md, h Pnvserson 11 b Moore 3 U.«liff,b Mitw .. .. .. 1 c Corkc, h PaYkflwo'n 0 0. Vieroy, cGmnness, b Parkerson .. .< n Gninnctx h l'arkers.i-i 0 H. W. K.-ad.bT. Moore U c Cuff, b Farkrrson ' ' 0 W. K. isuuuiMs, rim out. 0 b Moon- 9 \f. Hobbs, ii Hotjgis, b Purkerson .. I) 0. i b Parker.v.'n " 71 Mortpin, not out 5 b Mooro " ] A. \yeis, b Mooro 0 h Varkerson .' " o I Houb.nm.mt, 0 c Corko, I, Pnrkerson 9 Crm»i>,»' Mnore, b I'arkerson .. .. .'< not. out ft byes 8, leg bye I, wide balls 2 11 byes V wide'balls 4 1; Total .. .. 55_ Total .. College and Union. j C. Koßßis, bUead .. ' .. ~ ]0 i A. Cotturill. b llend .. . 11 j F. M. Ollivier. b Wood .. . " o-> ' R. Barton,*. Rfad . "17 i A. R. Guimwss, c Win.v, b Rt-nd. ' h ' T. M. Ollivier, run uiit .. " 0 I W. Cuff, lep b w. b Read ..' " 0 T. Moore, b Read .. .. " 3 i E. Parkerson. not out .. "1 j H. O. Corke, bR.-ad .. " 0 C. Fearon, b Read .. " 3 i Byes 12, wides 0 ~ !! 21 | Total ..98 1 It will be seen by our advertizing columns that Mr. .1 j Younginishand, has been licensed by the Postinastcr-Geuer'a! to supply postage stamps on, and after, April I. ; the public can aho, after that date, procure stamped envelopes, at a reasonable rate, which doubtless will be found to be a very general convenience. j

Christchurch Band of Hope.—The meeting intended to j have been held on Thursday evening, is postponed to Mondayevening next, in consequence of the Town Hall having been ) sub-let to the. Opera Troupe. Great disappointment was felt j by a large number of juveniles; the leaders of this movement! have requested us to state that, they exonerate the managers j of the Town Hall, from being intentionally the cause of this j disappointment. | By advertisements it will be seen that Mr. Foley has com- i menced a weekly quadrille assembly, at the Odd Fellows Hall, j If he carries out his determination in keeping the meetings select, there can be little doubt that the undertaking will lie i successfid and profitable. ! Gajirick Clcb.—We have been requested to call attention ' to this dramatic club, and to state that, as soon as sufficient subscribers have been obtained, the members intend opening their proceedings with the performance of Coleman's comedy of "John Bull, or an Englishman's Fireside," and the farce of "The Lottery Ticket."'" j