SUPREME COURT.

Nelson Evening Mail, Volume II, 30 November 1867, Page 2

SUPREME COURT.

Friday, November 29th. CIVIL SITTINGS. (Before his Honor Mr Justice Richmond, and a Special Jury.) EYES AVD ANOTHER V. WITHER. Mr Conolly and Mr Pitt appeared for the plaintiffs; Mr Travers and Mr H. Adams for the defendant. This was an action to recover £! 0,000 as damages alleged to have been sustained by the nonfulfilment bv tiie defendant of a contract entered into tor the purchase of land at the Omnka. It appeared that the plaintiffs, in the year 1563. took a lease of the defendant's run and sheen at the Wairau at the annual rentai of £-2GQ(). This rent appears never to have been regularly paid, and in the beginning of 1866 they were indebted to the defendant upwards of £6000, which they Avere unable to pay. Some uegociations Avere then entered into for the sale to the defendant of some land at Omaka, belonging to the plaintiffs, and in the month of March in that year the defendant wrote to the plaintiffs offering to take this land and to give up his claim upon him. On the 12th of April ihe defendant wrote to the plaintiffs withdrawing his offer, being, as he stated in tbe letter, dissatisfied Avith their conduct, and believing that they Avould not carry out the arrangement, if made. This letter was sent by private hand, and did not reach the plaintiffs until they hail Avritten accepting the offer and so completed the contract. On the Ist of May following the defendant, ignorant that any contract existed between them, Avrote to the plaintiffs offering to allow them to ternrnate the lease on the Ist of January, and to accept a sum of £4!»20 in lieu of £$!>2d, which Avould then be due to him, and giving tinit for payment. This offer however by winch the defendant abandoned £^609, the plaintiffs refused to accept.

On the part of the defendant it Avas contended that no more than nominal damages could bo recov'.-j ed, as '.he plaintiffs still had the hind, Avhich according to the evidence giA'en on their purt \"as of as much value now as it Avas at the time of. sale, and this is probably the view that would have been taken of it both by the learned Judge and the jury, had not defendant, when in the witness box. state! that he considered that he had agreed to give about 15s per acre more than the actual value of the land, as it Avas -Avorth more to hini than to any one else. After retiring for a short time, the Juiy returned into Court Avith a verdict for the plaintiffs for £820, leaving the defendant at liberty to sue the plaintiffs for about £9000, rent due upon the lease.

The Court then adjourned until 10 o'clock on Monday morning.

A public meeting, under the auspices of the General Assembly of the Presbyterian Church of Ncav Zealand, Avas held last niglit at the Provincial Hall, and passed off niwst successfully, the building bring croAred to excess. The chair Avas occupied by the Hon. Dr R*.-nwick, M.L.C. and very c-ifective addresses were delivered by the Rev. D Bruce and several other members of the Assembly, illustrative of the past and present condition of the Presbyterian Church in this colony. His Lordship Bishop Suter look part in tlie proceedings, ami by the address which he delivered contributed largely to the general success of the meeting. The programme included a choice selection of sacred music, admirably executed The meeting was one of the largest and most influential that has ever been held in this province, and every section of the community seemed to be represented amongst the audience. At the conclusion of the proceedings the Rev. P. Calder, Moderator of the Assembly for the current year, gracefully acknoAvledged the assistance which had been rendered to the meeting by the presence of so many members of other religious denominations, and adverted especially to that of BKliop Suter, observing that if his lordship Avas again to the Church of England in this pLce, he was no less an accession to the Church of Christ. In conclusion he proposed a vote of thanks to those ladies and gentlemen who had ?o ably and generously contributed their musical services on the occasion. Mr Mackay, to whose exertions the success of this portion of the programme was ia great degree attributable, replied, and proposed a vote of thanks to the chairman, who briefly acknoAviedged the compliment. The National Anthem having been sung, the assemblage then dispersed. The following telegram lias been received by Captain Joyce, of the steamer Keera. from tlie Harbormaster at Greymouth: — 'Weather moderated. Bar good, and improving : nine feet Avater.'

We Avould remind our readers that the next performance of- the Nathan Family Avill take place at tho Oddfellows' Hail on Monday evening next, Mr Chambers having nearly recovered from the painful effects of his iate accident. We observed that the burlesque ' Codadad,' which afforded so much amusement on tlie last visit of the troupe of Nelson, figures in the programme for Monday evening.

We understand that the drawing for the prizes in Mr Davis's Photographic Art Union will take place at his gallery on Wednesday evening next. Some few tickets, Ave are informed, are still procurable.

The number of candidates to fill the four vacancies at the Board of Governors of Nelson College is rapidly increasing. The present Head Master, the Rev. C. L. Maclean, and Mr Brunner, the Chief Surveyor, both announce their intention of soliciting the suffrages of the electors, and Dr Cusack, one of the present electors, Avill also present himself for re-election.

We understand that a requisition, numerously signed, has been forwarded 1o Mr Wastney, M.P.C, requesting him to allow nimself to be put in nomination for the seat in the General Assembly for the Golden Bay district, likely to be rendered vacant about April next by the departure for England of the present member. Mr A. J. Richmond, to which he has replied, signifying his acquiescence in this request. Rumor says that Mr Gibbs, M.P.C, of Totaranui* and Mr A. S. Collins are both likely to present themeelve3 as candidates for the same seat.

A lecture ori ' England in 1867, in its topographical, eocial, scientific, artistic, and religious

aspects,' is announced to be delivered at the Provincial Hall on Tuesday evening, by his Lordship Bishop Suter- The proceeds of the lecture, Avhich we presume will be identical with that Avhich Avas given by the Bishop at Westport, on his late visit to the Buller, and Avhich afforded so much gratification in its delivery on that occasion, will be devoted to the funds for building an Anglican church in the Avestern parish of th« city.

. A meeting was held at Westport on the 21st inst. for the purpose of forming a cricket club in that, township, Avhen it was determined that a club should be formed, to be called the Westport cricket club, and the various officers fbr the current year w.ere elected.

A very melancholy accident occurred on the 26th instant, at the Caledonian Terrace, near Westport, to two miners, named Thomas Kilburn and William Evereste, who met their deaths through a landslip which occurred on that night. The hut in whicii the deceased men were sleeping with their throe mates was suddenly precipitated 50 feet below its original situation, and they Avere buried in tlie soil. Another man, named John Fleet, was also severely injured, but is likely to recover. The two men, Kilburn and Evereste, were buried on Thursday, and the procession, Avhieh was headed by Dr Gile.-, R.M., und the Rev. B. W. Harvey, consisted of between 400 and 500 persons.

Now is the time for the Nelson folks to borrow in the Home market for the construction of the contemplated railways or other schemes. By the late;t London commercial neA\*s it would appear money is too plentiful in England. First-class foreign bank paper is done at one per cent., and even lower. A complete deadlock has occurred OAAingto the abundance of money nnd Avant of means of employing it. — Westport "Star.

On Wednesday night, about 9 o'clock, our attention av.is drawn to a fire at the back of the sawmills. On proceeding to the spot Ave found a shanty in full blaze. It AVas useless to attempt to extinguish if, so after a short time it burnt itself out. — Westport Times, Nov. 28.

The Rev. Mr Harvey, who has been appointed by the Bishop of Nelson the Anglican minister for Westport, having arrived among us, it may not be amiss to give some. slight description of the house it is intended to provide i'or him, for Avhich the tender of Mr M* Donald Aras accepted last week. It is situated on section i39 at the corner of Bright and Queen-streets, to the former of which it has a frontage of IGO feet. This will be Avhen the toAvn fills up, one of the best and most centrally situated localities that could have been selected, and is the gift of J. R. Dutton, Esq., the Resident Magistrate of Charlestown. The parsonage house will occupy a space of 44 feet frontage hy 33 feet depth, and the remainder of the space will be available for the erection of a church adjoining, Avhen it comes to be needed, and there are funds for building it The design for the manse has been prepared by Mr Somner, the architect, and presents a neat and unpretended exterior o f the simple English cottage character. It has three large caseraent-AvimioAvs in the principal front, the centre one of Avhich forms a projecting bay. A. wide hall or passage runs entirely through the house, on one side of which is a bedroom of 14 feet by 12 feet 6 inches, a study of the same size, and a dining-room of 15 feet square with a double chimney. On the other side, or what forms tbe rear of the house, are a kitchen, and servants' and children's bed-rooms. The total cost of the building will be nearly £300, which has been almost entirely raised by subscriptions amongst the townspeople, who nre desirous of seeing their .pastor comfortably housed. It is in rapid progress, and will soon he ready for occupation.— Westport Times.

It appears from the Westport Times of the 20th instant that Mr Wrigg, av.'io, as our readers are aware, has been employed by the Government to make a preliminary suivvey for the route over which the projected railway may be expected to pass, has arrived with His party, consisting of five men and tAvo packhorses, in Westport. They have since their sta-t from Spooner's Ranges, encountered considerable difficulties nnd personal privations, having been considerably retarded by the inciemen'jy of the weather and the floods on the various rivers which they have liad to puss and survey. Mr Wrigg was on his way to the Inangahuft Valley, and is stated to have expressed his opinion, whilst in Westport, that although the works along the Buller will be very heavy and expensive, he sees no insuperable obstacles to the formation of a line. It is expected that the survey will be completed by the end of the present year.

The Westport Star, 25th instant, states — The latest news to hand from Mokihinui.we regret to say, is not so encouraging in mining matters as it was a few weeks ago, but how should it be otherwise Avith the weather Ave have had of late. On Saturday there were four vessels in ihe river. The ketch Mary got on the beach going in, and drifted on the North Spit. The channel is said to be bad at present.

A proposition is on foot to start the gigantic undertaking of running a tunnel under the Atlantic Ocean, in order to connect the New and Old World together by means of submarine railAvay. The most eminent engineers both in America and Europe have been consulted, aud they have draAvn up a report which is perfectly feasible, and only requires time and money to carry out, Avhile the capital, although stupendous, Avill be forthcoming. So far as calculated approximately, it Avill require five hundred million English pounds, or two billion five hundred million dollars. Plenty of capitalists are ready to engage in this marvellous undertaking, and as soon as the plans are arranged the money will be advanced. The proposed plans are in themselves the Avonder of this skilful age of engineering science.^-New York Home Journal.

Under the Resident Magistrate's Act, 1867, which Avas passed during the last session of the General Assembly, and Avhich comes Avith force on the Ist December, imprisonment for debt is abso-* lutely abolished in the case of judgment debts under £ 1 0, and in all cases the term of imprisonment is limited to a maximumperiod of four months. Imprisonment ti not to operate as a discharge of debt, but no second arrest can take place under the same process. The right of creditors to renew process. is, however, allowed. This Act does not invalidate or prejudice action taken before the date on which it comes into force.

The following advertisement appeared in the Otago Daily Times:— Wanted. — A yotmg lady of moderate stature, is open to engagement, should an eligible partner offer. She can confidently commend herself to his taste, as she possesses in an eminent degree all the requirements which adorn a Avife. She can dance, sing, and understands the culinary art to perfection'; is gentle of temper, forbearing and forgiving ; would be loving and affectionate, if her husband was not addicted to 'drinking' or gambling; would have no objection to his smoking, but hates pipes particularly clay or Avooden ones. He must be tall, dark, and handsome, Avith straight black hair, and black eyes; and in conversation smooth, fluent, and elegant; Avith a small amount of the • niy' about him. Address 0., office of this paper. — N.B. References with carte de visite required.

The Cincinnati Board of Health are after the butchers sharply, and have- forbidden the killing or dressing of any animals within the city, or the sale of any vegetables, 'excepting green peas in the pod and green corn in the i**ner husks, Avhich have not been previously divested of all parts not used for human food.

At Sheffield a little girl picked up in the street a cheque for 2-50/, and succeeded .in getting it restored to its owner The father of the child afterwards waited upon the loser, who tendered the munificent sum of 'twopence' as a reward. A suit is said to be pending by the father for the loss of one day's Avages by calling.

Mr Palgrnve, author of the celebrated ' Travels in Arabia,' avlio was many years a Catholic missi mary priest in Syria, but nowJEnglish Consul at Trebizond, is to accompany the expedition to Abyssinia as chief interpreter and head of the intelligence department; he will be invested by the Foreign Office Avith the power of a temporary political agent.

I will tell you a story, says Frank Buckland ia 'Land and Water,' of a friend of mine Avho was visiting France the other day, and there was au owl in the garden that had only got one leg. My friend used to admire this oavI; and, tAvo or three days afler his arrival, he hnd some 'gibier'(as they call their game) for dinner. The 'game' was very small, but he enjoyed his dinner immensely, and the next day he missed the owl from the garden. ' Where has the oavl gone to?' he enquired of the landlord. 'Monsieur had a littb dish of gibier yesterday,' Avas the answer, to the consternation of the traveller. ' Why did you kill the owl for my dinner?' he next asked. « I no kill ze owl, M'sieur; he died himself.'

The population of South Australia are taxed £4 105 per head; New South Wales £13 8s; Victoria £13 16s; Queensland £31 15s.

The lidies of the congregation of a learned doctor in Edinburgh lately determined to present him with a pnlpit-gown. The doctor, on the Sunday after it was presented, intimated to the people of the church:— 'The ladies have been kind enough to present me Avith a pulpit-gown; but lest any member should object to my Avearing it, I shan't put it on yet, and will hear objections on Thursday night.' Nobody came to object but an old lady. The doctor said, ' Well, Janet, what objections have .you to the ptilpit-goAvn?' «A Aveel.sir,' said Janet, 'we never read of the Apostle Paul Avearing a gown.' 'You are quite right, Janet,' said the doctor; but we never read of St. Paul wearing breeks.' That satisfied the old lady.

' Sure,' said Pat, rubbing his head Avith delight at the prospect of u present from his employer, ' I always mane to do my duty.' * I believe you,' replied the employer; 'and therefore I shall make you a present of all you have stolen from me during the year.' ' I thank your honor,' replied Pat, ' and may all your friends and acquaintances trate you as liberally.'

•If you had avoided rum,' said a rumseller to a customer, ' you conld now ride in your carriage.' 'And if you had never sold rum,' said the bacchanal, ' you would have been my driver.'

Mrs Partington says she did not marry her second husband because she loved the male sex, but just because he Avas the size of her firs t protector, and could Avear his old clothes.

What is the difference between firewood and our remote ancestors? — We saw the former, but we never saw the latter.

Holloway's Pills. —No distrust. — Public opinion speaks in no feeble or uncertain voice concerning the merits of these Pills for purifying the blood, regulating the action of different organs, and strengthening the human body generally. 110110Avay's Pills have gained a reputation for curing disorders of the stomach, derangements of the liver, diseases of the kidneys, and affections of the brain and nerves, previously unexampled in the history of medicine. An important matter regarding these Pills is that the invalid by reading the accompanying ' direciions for use' can determine the proper dose Avith a precision which no one could hope to attain Avho had not long known his habits and constitution. Holloway's Pills act with the utmost safety and greatest efficacy. ■ 380S