SUPREME COURT-CIVIL BUSINESS. Thursday, Nov. 6.

Otago Daily Times, Issue 276, 7 November 1862, Page 5

SUPREME COURT-CIVIL BUSINESS. Thursday, Nov. 6.

(Before his Honor, Mr. Justice Grefison.) 3HSPUTK OK A LAKI> SALE. Butciii'R v. CriAi.MKKs.— (Special Jury.)—Mr Johnson for the planliff; Mr Cook for the defendant. Th»» pbiiulifi' touirht to recover 1.300 which he had paid to the defcm-ant. ai.d compensation foifailuie to give abstract of tit c to .Sections 4 and 5. at the Halfway Bush, iornpri-nng 21 acres. On the 3rd June, the plaintiff, through his agents, Messrs Gillie.? and Street, made an agreement t-> purchase the laud.from, the defendant foe LB'oo—L3oo to be paid within a Wt ek iiu\ the remaiwfr-r on th? defendant giving at - street of title. The L3OO was paid accordingly; but all efforts to induce the defendant to give title havii g failed, proceedings were commenced on the 20tl» Augu-t.

Mr Johnson opened the pleadings fully, and stated the case. He added that thr plaintiff simply wanted to have the agreement earned out; and lie (Mr Joln;son) now repeated die offer ma c io Mr Cook on the prev/oiw day, t<> take a verdict by consent for any sura over nnd above the L3OO paid, which might be coimideted sufiicient to act as a penalty upou the defendant to complete the agreement. Mr Cook agree-! that, despite certain allegations in the pl<-a.lirms there was nothing that could be sent to tin- jury but tin; question of damages. There •were and had been difficulties consequent upon circumstances attending the death of the t;e'eudant's father, tuid the arransmiients for dowry to the widow • but as soon as these could be pot over, which mi"ht now be in afw days, he, acting for the defendant, w» u'd gWe title. It having been left to his ll< nor to fix a sum, the following finding w;-s agreed to :—'• Verdict by consent /or LBWO, sul ject to bu reduced to Is and costs, on condition of the title hein^ maiie out to the satisfaction of Mr Johnson, within three months fruin this date j possession to be given within a week, sueli possession to bo without prejudice- to tlie right.of the plaintiff to insist that a valid title has not ueen made out." CLAIM FOR CUTTING FLAX. Glenn v Jones.—-(Special ./*«•//.)-Mr Bartnn for the plaintiff, Richard Glenn ; and MrT. B. Gillies for tlie dt■firni.'arit, John Jones. The notion was to recover LtIG -L 4-}, for cutting 32 acres of flax, and 1,12 for wrongful di.sinis.-i! The dfitndant pleaded v set oil' to tlie amount of L 7 lid, which was admitted ; ar.d having paid Lll into Court, he pleaded that la- was not further indebted. The s'ory of the phiintifl' (corroborated by a witness) wn* that nri iho 4th July, In; verbally agreed with l.he defendant at his mill, at v\ cikou dti, to cut forty acres of flax, atoOs per acie. Wh«-n he had cut '.VI anres. ■within limits pointed out by the defendant, he and the man employ d by him were ordered to stop wo-k, and subsequently {be defendant's manager gave him an order fur payment for twelve acres, at 130.-5, and twenty acr«s at 12s G.I. Ho iv.fused to accept, and after awhile proceedings wore commenced. The account given by the defendant, ids ?on Alfred, and M-icjjreg'ir, the defendant's manager, was that because the two men, who appeared equally interested, pressed very loiich for a jo!>, they were told that they might work at flax cutting on some ground near the Hawkeslmry Bush. The plaintiff evidently kne.v nolhingt.f the v lueof the work, a.s lie at first thought L 5 an acre would be a fair price; hut Ll 10.* was njrioed to, the defendant explaining that the flux was very thick, thai there was plenty of tussacks of grass, and that all must be cut, piled, and but Hid. The defendant also told them that he had never paid more than IJOs. Tlie ground on which they were to work, near Hawk.sbu.ry Bush Hou.se, •wan specially pointed out, and they were tohf, not that they wive to cut forty acres, but that, if th<«y thought it paid them, they might cut up to a certain track. It being afterwards; found that the men had crossed the specified boundary, and got. upon land which was comparatively vc-ry light in flax, they were told to go uuon the heavier land, and a.s they refused, they were ordered to ceasn work Upon measurement the overseer found that twe.lv.- acres within the specified bounds had been badly cleared, and that t -»Mty acres of the lighter flax hud also fa-en eleare<'. The 'eft;! id ant was ready to pay 30.s an acre for the twelve T'res, and was willing to give 12.s tid for each of the twe ifcy acres, that being the price he had before paid for simil.v land ; but a?, during one of the interviews on tl'e subject, the men were impertinent, and refused to take the 12s uM, the defendant told them tinit he would only pay for the 'welve acres which had been done according to directions. The sum paid intocouit, and the amount of the set off, rc'e.iented the value of the work in the twelve acres.

After consulting for more than an hour, the jury returned a verdict tor the plaintiff—damages, L 7 (in | addition to the Lll paid into court). The Foreman i also re.i i the following—'- in frivinjr this verdict, the jury wish to u,ive a further expression or opinion. They retiiet, that this rase should have been brought into court, as it appends to them exceedingly uu.fa.ir that the costs should fall upon r^e defendant, as they ! consider tho offer made by the defendant to the plain- i tiff a fair one." Th eUourt rose at half-past five o'clock. The Indians of British Columbia—lt may not \ c uninteresting to note a few more of the m-st promijieiit fefitnn.'S in tlie life and character of the North American Indians. Genorilly it may be said that the different trib-x entert-iin a Miter hatred to eich other, cvi, c.-d by th» f>* quent feuds which arise amongst them m d wh:ch oft°n end in bloodshed and death. Tlie in. i,.n is particularly fond of tibacco and ar lent spirits "firewater," a* he terms it and it is ncertle-s to describe the evil effect which intoxicating liquor? pnanee iijion him. Tliose who live in the interior, and wlio exist prin«ip;dly upon fish, do not acquire the active habits proper to trie huntinc trihes to the enst of the Rocky Mountains, but air exrmne'y luzy, and consequently have to endure great nrivat'o-is, and, as a natural concojnitiuit, thfj nr»» bas-e and depraved in cljaracter. Sentenced to death, they scorn roily from their sentence, even when escape is quite within their power. It is com in'-n for » friend to propose to suffer for his friend/ n paieni for a child, or a child for a parent. To fly jike a wom;in, like her w».*pp and gioan, are ex prcs^ions of confompr which fiey apply to rhtir enemies with in ff.i le scorn. Contempt of pain and death is deeti el a desirable trait only hi tht males; the females are a-» ti <il as tKe children of civilisation, and meet t1 eir torture in

par >xvj>ms of tenor, shrinkitg and self-aban-doned. There sire still, v happily, some instances of ennniba ism amongst them, lut such are of rare occurrence. Th<-y have some i :ea of » Supr me Being, but they h ye endowed Him with imperfect attributes, and therefore do not worship Him. They, however, fancy Him good-lo .king, anil always miked, we 1 pamte i, hiving pieces of fur romi'l eneii I- g and ar v, and do_'-skin round his shoul ici'.s. Indeed, no r-'ligions rite exists am.mgst them ; and although tnis-ioiiaries of various denomina'ions have extr;ed t'e-nselves for whole years tog< th r, it is with hut little effect. Polyjiauly, steal-1 ii g lyiiig. and g-ambling prevail to an alarming exti'i.t ;_ they are, moreover, prone to sensua ity, and chastity among the woman is unknown. They posses-s however, some lvdcainimrqualities; they appuar extreme'y fond of each other, and the parents seem dt.votedly attached to their cidMren. It is woaderfu that tae gentler feelings should at all exist where tht war dance is prill in vogue, with all the dismal accom panimentsof kil ing, scalping, roasting, and-tortur-ing. Nevertheless interesting aud tender scene* occur am.mgst them. At certain hours in a fim Bummer day. women may he seen sitting by the skull of a child, husband, or brother, pooling" forth th< amnvi«!i of th«ir souls, talking to it in the most endearing tones, and seemmyJy getting- aa answer in return. • Oftdmes most mournful melody swellfrom the distance at the dead hour of night, the spontaneous tributes of unlettered affection to soothe the soirit of the departed. They suf fer much from smallpox, whisky, scnlpiugknives, and rifles. They Jive chit-fly upon salmon de.or, oears. dogs, and such animals, and prefer theii meat pu'rid. Tiiis may in some measure account for the abominable effluvium which their bodies exbaio. In neg aiafcing marriages, the squaws propose to the men; and y >ung giris are often contracted for, and the pric-1 paii down, years in advance of the mar riageable age. They are purchased for sums varying from 100 to ;00 do 1 irs, l)eing f om L2O to L4O Eng lish currency They rove about continually, find their great aim is to bee meTyhee. or chief; which with th- m means acquiring as muoh property as t'-ey can, either in slaves, blinkt-ts, ho^e-s, or guns, ami then idling away their time. These wretch-d slaves are horribly abused. They are wwle to do all the filthy work under tin; t -rture of the la^h, which their f llow-savge lays on most unmercifully. -British Co*>i-nb>'i and Vancouver's Island. BvJD.Q'F Macdonald, C.E. J

A O'osiMOJr Thoublk—lt is very well that every couple do hot wait to be married tifl Mre Grundy nnd the world in jrenoral sign the certificate of approval It. i* ouricus how few couples ever do it without a Clamour btiug i-nised by somebody as to th.«* " unfit-n»-s-« of it." <>'i <>ne vide or the othw. It i< curious how much interm-'ddliner there wil» be in such measures by'peofile "wiio- woul'i not really lift v Samaritan finger to nave eirher fVom des-tructiun if ; hey needed help. It is cm bus why people cannot attend more to their own boaint-ss than to that of tneir neiah- ' boursj and it is furious, when we know that every nei.-iibourhiuxl produces just this "uisnj.ee crop, that we cnn»oh 'pirn to c'ultnatethe flowess of life, and Jet these noxious wee Is spring- up and die at;their leisure, wi&h-ut the noiice of our leseutment.— Fern Leaves, i