COMPANSATION COURT, TARANAKI

New Zealand Herald, Volume VII, Issue 1841, 8 December 1869, Page 4

COMPANS ATION COURT, TARANAKI

(Fiio.u our owx coEEEspoyoEyr.) . Taranaki, December 3, 18SD. IT Will bo m recollection of your readers tcit a sum of money was yolsd by the Govern men t of this colony for distribution amont. tho sufferers from fie late Taranaki war iu I R 6I, ar.d that Captain Beckham was appointed the Commissioner to investigate and nward upon the several claims preferred. *? r loss sustained through the destruction ot Lieutenant Eire's property there were three claimants—Llovellvn Nash, the first mortgagee of the land; Dr. Simuels, who held a second mortgage, and contended that ••ash sclaim had been aitisfind by the sale of the property to a ovm named Patterson, and that, therefore, he (umucU) had a right to receive the amount, of tho aw lr d wliea mado - and thirdly, Kelly, tlio builder of the house erected upon the land, and destroyed. Upon the?o facts Mr. Beckham made an open award of "£fioo to the e.ifnta of Lieutenant June," leaving all parties to establish their right to tho money in manner as they might be advised. Captain Beckham was then requested by the Government to hear all parties upon tho evidence already adduced before him, and say to whom the money ehouid bo paid. Upon the case corning on for argument;, Wlritalrer and Gillies appeared for Dr. Samuels; Mr. Westo:: for Mr."Nash; Mr. Kelly and Mr. SfacCormiek also appeared for the representatives of Mr. Patterson, tho purchaser of the land, and requested permission to claim the money and to give evidence in support cf such cltiim. This v application whs however refused, and Mr. Ivollv's claim also was not entertained. Upon referring to the notes furnished bj r thu Government, Mr. Weston discovered that 0 fiiesars, Atkinson, Pitcairn, Charles Brown, and other «*entlem?n, had been appointed Sub-Commissioners to investigate claims for relief, and that they had alao taken evidence in, |iud reported upon the case then under e hearing, and contended that he had a perfect right to argue upon t?!0 taken, by them, as veil aa upon that given to the Commissioner, and even then the Commissioner would have a difficulty in awarding upon, the \ case. To the following of such a course a objections were raised, -thereupon Mr. Wes* ton refused to proceed, and expressed hi 3 0 intention of applying to the Government for 1 a fresh hearing:. llr. Beckham considered 1 he had no alternative but to award in favour 1 of Dr. Samuels, and accordingly did so. I Application was thereupon made on behalf I of Nash and Patterson tor a re-hearing, and > in reply the following circular has been Bent 1 to the several persons interested :— " Colonial Secretary's Office, " Wellington, .November 20,1569. " Sih, —Upon a careful consideration of the L award of Mr. Commissioner Beckham in tho f estate of lieutenant Ein,?, it haa been decided that complete justice cannot be done without ; a re-hearing of the whole case. "A notice will shortly appear is the Auckland Gazette, calling upon the claimants to appear before Mr. Commissiopcr Beckham for 1 the purpose of fixing a day for the re-hearing, which may, if he think fit - , bo at a date so

di.-itiinfc as to allow of written evidence being procured from abroad. The manner in which euch evidence is to be taken will also be notified in like munner on or before the day fixed for the preliminary silting.—l have, &c. " W. GiauoßXE."