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THE Otago Daily Times.

" Inveniam yiam'aut. faciam.*'

DUNEDIN, SATURDAY, DECEMBER 6,

Scarcely a letter which .we have published frqm the Dunstan,' but wh^t has .contained reflections on the Government for negligence . in attending to the wants of the district. We are not prepared to think that the complaints are all reasonable. Persons on the Dunstan do not readily realist the 'difficulties in the way of supplying; a perfect organisation of government at a short notice at so great a distance. On the whole we are rather inclined to think that the Government has shown itself alive to the claims of the Dunstan and willing to promote its progress. First, the responsibility was undertaken of guaranteeing to the discoverers £2,000 for divulging their secret. Immediately afterwards a Commissioner was despatched to the, spot. A Gold Receiver followed, and then an escort. Road Engineers were sent to survey the various roads; boats were fori warded for ferries, and what was supposed to be a sufficient strip of country, was proclaimed a gold field. Subsequently the Dunedin Resident Gold Commissioner was sent up to report on the locality, and he is now thereon that duty. Accompanying him is the Mining Surveyor from Tuapeka instructed to lay out a town, and the Chief Commissioner of Police has also proceeded to the spot. Doubtless tbe Government has not been so prompt in many things j[as have private individuals, but Governments never are. On the whole we think the local Government has acquitted itself well, in relation to the new field, and has at least displayed'a desire to promote it. - But much, very much, remains to be done, and recent events point to the Necessity o promptitude. On the shores of Lake Wakatip anew gold field has" been discovered, easily accessible from Southland/and a battle must inevitably take place between the merchants of Invercargill and of Dunedin as to which shall supply the new field. If an important commercial -entrepot is established on the shores of the Lake, the Dunstan will become second in commercial consequence, whilst, if a'iarge town be encouragedat the Dunstan^ it will become the commercial centre, of the • whole of the immense field which stretches j from the Beaumont to heyond the Cardrona. I To establish on the I)unstan such a town should ] be a vital object with the Executive, and we too earnestly recommend that every, | exertion be made for the purpose. •- As \ soon, as " surveyecL, , the lots t should.^ *at ] once be sold, .valuation to be made of .the | improvements, which should be paid to the TJ improvers in case they do not buy the allotj ments they Occupy. The privilege * of Iloeal i self-government" hy a Town Board; should be j at once supplied,. the< road ttfMthe"towto from^Duuedhv and thle surounding diggings, including those of the Wakatip, n be roade ;mthout "delay: and the fallesf postf^Vccohi-anodation-airorded. f _, M „ „, -j* ,.„ x. V y>-tf*\ : tt " On this hgad^e.can b^reitetitjejfon^ei ' remartts.; A , t^^sa^^.^fSix^y^!ga^. I.snd if posßikeV-Bhouid?be;u^- in< etead'of pack horses,.., The latter _Jeii6tW< *>■ 1 iri iV* "| -*.* - '*** * ~, ~" ""- "'* "- *

foTthe'^njeyahce"^off^valuable""mails," and' *• pjßCßoga vjll hesitate to_trust them.. would serve anotheftobject riot-less important, thgy would direct tlie'passenger traffic to Dunedin, and espe '.sully that of the business portion of "the country. It .is impossible;!© speak • too highly of the effect the coaching facilities Kaye had ift Victoria in developing the- goldfields. The Government^ fully conscious >of their Vnlue r "has paid heavy-mail subsidies "to tbem, when it > .could. have had} the same service performed'cheaper by pack horses. We are convinced the Otago Government must pursue a, lifce course, if it does ribfc desire to see the advantages of the field monopolispd by Invercargill traders. 'A.-weekly 'Escort too, is required,' and on this head it is sufficient to point to the prudence of dividing the risk^ instead of allowing it to increase, by the accumulations of a fortnight. A line ofl 'jCelegraph might also be laid on with advantage. There could be no question that it would pay expenses and interest on the capital, and nothing is more calculated to open up country than the means of constant and instantaneous communication afforded by the telegraph. Whatever expenses the suggesTtiofts* we have made would involve, the Council .should glady co\isent to. Without reckoning the revenue ofthe gold fields, enormous profits will sooner or later be realised by the value the land will aeqiiire. After the town is once established, the allotments will fetch very high prices, without takin£,lnto account the suburban and country lands? '~ t The Dunstan is we believe the richest gold field in the world, and it will be the fault of- the people of Otago if one of the largest and wealthiest pf gold fields' cities be not established in its midst r" . The first and great object of every government when disposing of the waste lands of the Crown should be to afford to purchasers simplicity and security of tenure. Want of simplicity of tenure affords food for endless legal disputes and processes, and therefore becomes a heavy tax on the transfer of land. So'unbearable had this become in the old country that the Irish Encumbered arid Irish Landed Estates Acts, and an Act for the Registration of- Land in England, have - successively been/ made law .with -the greatest possible benefit.. Indeed/before theT passing of the Irish Landed; Estates Act, so much/did; purchasers prefer a title from-the Crown through the .Ehcumhered Estates Court; to, ; any other," however indubitable, that it became'absolutely necessary for any Irish proprietor wishing to dispose of his land^ if it had not been already done, to encumber it for the purpose,* himself petition, pass it through the Encumbered Estates Court, and thus get a/ Crown title," which enabled himto sell at 10, 20, or even 50 per cent, more than with his <iwh: previous title. Again, in England so intolerable had become the difficulty, delay* and expense oi the transfer of land in contrast with that oi funds, shares, and other securities—so heavy an expenditure was occasioned in th c investigation of the vendor's title—-.compliance with re : quisitions of ,the purchaser's law agents— with perhaps after months of semi-hostik correspondence a. necessity to file a bill ir to compel the vendor to give a title ot the purchaser to complete his purchase; oi in' idefault of this, the sale going off on som< point of detail in the title utterly irreievam to the real value of the land—that,- despite enormous opposing infhiehce; the Ajet for th< Registration ofLand was passed in the las session of Parliament. ; , / ..Surely then, in a new country, in whicl titles to the landymust have all so recently emanated-from, orT still remain in the Crown \?here complicationsproduced by mortgages sales, Settlements, or successions: are compa i*atively few, at least as regards each mdi tiduai?iproperty ; where no .vested, interest magnitude and power have had tim toarise,!'/and strike deep their roots into mass of .entanglement, and complexity o as existed at. home, it should b the" anxious leare of a wise and far-sightei government, to keep.tke titles and transfer c land as simple as possible, - and to make it a easy.and/inexpensive Jto transfer as any othe .property, and with, at least, ,as perfect se ■'(jurityvy ;;';'• ; .//'"' 7777 [."'.■-■ ■ '■■'[ '~■'.' .: //'T he Otago Land Regulations seem to hay %een devised with singular pervbrseness^ nc :to afford; simplicity, and; security of tenure ;but "insecurity and coniplexity.y Hardly joe :person£ iri- a hundred/ except the immedial officials, and those gentlemen, the betes tioii of His Honor • the Supenniendeiit, / the; lan .speculators, can lumdefstatrid. them^Vand as 1 what land is or is not open for selectioi none buttheChief Commissioner, and perhaj ihe Superintendent can Have any accural notion. Indeed, on Wednesday, in the Pre vincial Council, the head of the late Goven ment moved for returns of land open for sal and expressly stated his ignorance, on 'tl subject, though the Chief Commission! declared such a return had already, *be€ ' sent to the Government. Would it not be muc abetter-then, even though there are constai changes from the daily sales of land, that a schi dule of all unsold land open, or "declared abo< to be open for sale, should be prominently di played in the Land Office, instead of compel ing intending purchasers, with or- withoi the aid" of a clerk, to wade through iriaps ar books too often wasting, much of- their ow and.the clerk's time to little or no purpos It could hardly be intended to throw obstacl - -in tbe-way of-small- purchasers, Teven~~if ,tl largei? one 9 are sought to-be 1 discourage Setting aside however all; other matters,. 1 us carefully consider the effect pf the "In provement Clause." J" It enacts as a conditit of the purchase that within 4 years of tl date, thereof the purchaser shall improve tl land to< the extent of £2' per acre.* Ai until he obtains the 4 certificate of .the Chi Commissioner that he has complied with' ti condition he cannot get his Crown grant. ,' otiw\vojtehe*gels*nojiUe to purchased fai until he has* improved it to the' extent of-J per acre, "* ItKas never beeri tb any extent tl practice! tor comply .with" this" &* condition Much "of the rural land now in~ the hands* /settlers' 5 was/ purchased Tnore t -that/4 f yea irfnce. and isi yei,unitriprbyed by- cultivatidir i even fencing. With such'land held and c6i ' tinfiallf bemg bought'and sold ih^large quai tities v in the Proyince,ifetherebe^any force. tbe rlmproraraent-'Clausejat'ftli^wyotid £ negation of a Cro r w/i„ Gr^nt unless thp if proyeraent is made, it woul^J^/only^iEaatl " 'Obl7^Q^\^V|at^!^B tp'pro^Hj , enforcing wHatev« r pthwf /penalty they^ni . suppose;to «x»K haye^bl i 6kedio*daM.\£They^e?ttß!P^Bdyet do n

introduce a jp'easure into the General Assemblyvto : tfie-clause intelligtble,;„orrto <• ex.-, pungegit fr^m the Statute Book. It .is perfectly notorious that the clause so far as for--feitnre goes "is absolutely powerless, ' it is equally- so that, even if possibly otherwise, so much land held by so many people wodld be confiscated that in view of the grave doubts always hitherto entertained on the subject, no Government could possibly act upon it. Annually that quantity is increasing,-and when land has once fallen within the category of having been unimproved witlun four years of its original purchase 'to the extent of £2 per acre, no subsequent expenditureuponit can cure the defect or legally entitle the owner to a Crown grant; for the clause express states the £% improvement shall be made within the four years,. Let us take another view. Suppose A. B; dies possessed, amongst other real and personal estate, tof some such land. He leaves tbe whole to certain persons in trust for his widow and children. What is the position ofthe trustees ? " Are they to leave tbis land waste, or are they to improve it by cultiration, or lease it to others ? If they lay out any of the trust funds upon^ it, and it afterwards turns out that the land was forfeited through having been uninproved for .four years subsequent to the original purchase, they would be liable to recoup, to the trust the amount of funds spent on it at the instance of any -ofTythe cestui que trusts. Should they let it on lease;---iaricr&> terian would tj ke it except on lease,~aud the land is subsequently declared to "have -been forfeited, they are equally liable to have to compensate the tenant/unless they; have inserted ; very stringent " covenants to the ; contrary in the lease. -Biit, a step! fury^ie'r. :;—-Suppose, the land comes into Hheir haridis unimproved but within four years of its purchase, are they justified in laying out £2 anacre.upbn :it in order to secure the Crown grant, whether..they can do so profitably or , not? .Or/are they to allow the time to pass and forever leave it under the ban ol : a had title, incurable except by Act of the General Asseihbly? .It may be that the avail ablefiHidsin their bands may not be sufficient to improve to. the^extent of- £2; ar acre, and , yet ■ whatever . the extent oi the land the- trustees could nol borrow ori it, because-it..is.-not a legal security phaccount ofits deficient title through this clause. Under all these; circumstances il . wouid.be their wisest course to renounce the trust axti leave its provisions to be administered by the Supreme Court, if that be. here the representative of the 'English Court ol , Chancery, even though thus subjecting then friend's widow and children to much delay, T formality, arid expense which, but for; this miserable: unintelligible ciax.se they would gladly have saVed them. ; A"' These are no idle theoretical cases supposed j* merely for the sake of arguing a dilemma, but just such as must and: will irom time to time L arise amongst us, Two instances have come , to our knowledge during the past week of at- . tempts to negotiate loans on unipiproved land . which, if sold, would have fetched ten. times 3 the sum required, but in each instance the ad- ," Vance was refused on the ground of "no title," though involving tins absurdity—that 7 the land would have been gladly purchased; » for then, though with the same title, the purt' F cbaser would benefit by the rise, in value .of » land, whereas as a mortgagee he would not; * and the increasing value of land would be in t the natures of .an insurance against any consequences of the. improvement clause. Still, it is most monstrous,that the great; bulk of the 1 landed proprietors of Otago, through this clause, should be unable to make a title to :'■-'• them lands satisfactory to banks or mortgagees. '-'■ The poor man may purchase land in Otago; " but he must not depend oh rridrtgpging <f so as to obtain',; funds to improve s it, though in any other civilised country he c could do so. In these instances, therefore, the a clause defeats its own object—the improvement ; pf the land.: Powerless forgbod, it i§ the source c of infinite complication and evil, and whatever may be thg opinion of Government as to taxing'the'land, idling it "inlarger or smaller lS sections, all the good land to one class, and if T they wiU buy, it all ,the bad. tp another, it is ''" their bounden duty to put, as soon as possible, a stop to to the ".mischievous effects of this - clause by introducing ah Act into the General Assembly to repeal or explain it. It is ' ;' greaitly to'-the*discredit of our public men that Le this has not been done long ago. »When the 'c Government go into the London market for a ** loan it will say little for their business powers , that they could not frame an intelligible clause ° on a subject vitally affecting the tenure of ■*• almost the whole- real property in the )S Province. Still less that, when by experience c its baneful influence. was so widely felt }" they neither had the courage to attempt to act 1-r upon it as it is, nor wisdom so to alter it as to cie i make it intelligible. The evils of the improveie .ment clause have been recognised ,in South'r' land, and only lately a numerously signed pe;n tition was sent to one of its -members,'Mr ;k Dillon Bell, requesting him to introduce a bill at < into the Assembly td abolish it. -Mr. Bell, in c" an able reply, said he fully agreed with the v* requisitionists, and himself pointed out the s* evils ofthe clause. But he was unable to in1_ troduce an, Act .to repeal it,-because ihe recoma* mendation must first come from the Provincial" Council. -It r is strange, the .Government do ™ not see that the uncertain title lgssens the value c*'* ofthe land, and is- the cause of great loss to es the publierevehue. > "- -' ie —s-vr ~ - ' " " \ C'■ '"" *%i ' d. ~ T - ' 7 gt Ms. Paterson yajll be surprised^ when !he tt . finds that the election-"farce,"i of which ihe m supposed himself the subject n is,',after all, a-— ie * we will not say tragedy,'but a" melodrama, the le t favorable or unfavorable termination pf which jj depends'upon himself., In plain words,-his e f election is a legal one, and-nothing- but'hisown resignation" can" upset it. One simple In. :J?L9^4 rf iK.tlie'- J Act"r-»ndeed» JWL.may gay,, one - m{ letter-rhas remade the election valid,' in the' 12 foee „of its apparent invalidity „Jlhe word i ue "'thehcefortlj^ 'instead of " henceforth " has t /v done it all s*his election; winsured by i" t." 0 f The * seventh' and eighth clauses of the T8 Amended '.Representation ActT stipulate jfor rJS" the preparation; arid'publimionlof new rolls o.r Joxthe-newlyvCpnstituteddratnctß,' ninth. a 1 cla^prov^es'for the^trahsfe'r^hce of the fid 4*: |nml)erettdithe'newTdistnci3,in folldwing' a- " The' existing tyro^ members for the r Oj^| of y; by ** retain their seats,-be respegtively membera. ,oi^ manner following,' that w^^^

" elected membcr^shaU be a member for the «i district of Dunedin and-suburbs North, and "the last elected member.shall be a member "'for * the^ district of ~ Dunediri' and suburbs "South."* '- If the word "thenceforth" had been "henceforth," the old members would „ have been translated to their new seats immediately after the Act passed. , But the " thenceforth" refers to the two former clauses concerning the preparation j,nd publication of the New Bolls and means from the time, the New Rolls are prepared. The word "existing" also applies to the .date when the llolls ;are ; <^mp^ rolls were not prepared at the time of tho late election. Corisequently, the old members represented tlieir pld district,^ and the; vacancy caused by the resignation of one of them had to be 'filled up b^ "an election forHhe same district, the seat for which he had vacated. We may mention that this view of the case ii confirmed by competent legal authority, and that we believe there is no doubt of the genuineness of Mr. Paterson's election. It is much to be regretted that this knowledge comes so late, and that the election itself was a sham—only two persons taking any part in it Mr. Paterson, in a letter to this journal, expressly disavowed any complicity in the proceeding, and stated that his reason for not making "a formal resignation" was, that it "Would simply havie the effect of making the . wholelaffnir still more ridiculous than it is at present." Now that he finds the election ia valid, it will be- for him to decide whether he will take advantage of the presumed informality, or give the electors another chance of expressing their opinion..

'The members of the Volunteer Fire Brigade could scarcely have a stronger proof of the estimation in which they are held' by the public than was given by the* state of the Theatre Iloyal, last evening, on the occasion of the benefit in aid of'the funds of the brigade. Despite pouring rain,. and the wretchedly muddy condition of thestreets,' the house was crowded, a large number of ladies being in the private boxes and the ; dress circle. The drama of "Belphegqr, the Mountebank," which always pleases -an audience, was selected as the first piece. "We have before noticed the excellence of Mr Holt's acting as the hero, and the completeness of effect with which the piece is put upon the stage and played; and we need only now say that we have not seen it better performed. at the Iloyal, or better received than it was last evening. 'In the interlude, Miss Emma Neville made her first appearance at this house, and sang the,clever "Brigade Song," written by Mr Mulliolland and *■' set by Mr Loder. The lady was, of course, in the uniform of the Brigade ; and the members grouped around her, looked extremely smart and were in strong force. Tbe song was enthusiastically encored; and after it had been repeated the audience called for Capt. Rees and then for Lieutenant Murphy, both of whom returned thanks. The farce was " The Moustache Movement." This evening the sensation drama, "The Lone House oh-the Bridge of Notre Dame" is to be produced, with the Adelphi piece " Susan Hopley."

The opera of the "Bohemian Girl" was repeated ,at tbe Princess's Theatre last night, but owing partly to the extremely disagreeable weather,'and partly also.the attraction of the Fire Brigade Benefit at the' other house, there was a very thin attendance. To-night, ifc is to bo expected that there will be a full bouse, for the benefit of Miss Emily Wiseman.

The Supreme Court yesterday opened with a discussion on the case Isaacs t>. Luscombe. It appeared that though counsel for both partie» considered the cause as disposed of the previous day By a non-suit, his Honor had thought that Mr Barton insisted on going to the j ury—as he had a right to do if he chose-—and merely adjourned the Court because it was the usual hour for doing so when business permitted. Mr Barton not being • prepared to-go on then, the caso was adjourned till Monday. The case of Nathan v. Hood being undefended, was easily settled.V Plaintiff claimed judgment on, a dishonored bill, and the jury, by his Honor's directions, gave a verdict for tho .amount L 144 183 3d, with -interestut 8 percent The next case, Joseph v. Hertslet, involved the question whether plaintiff was a contractor, executing a contract, or a hired servant at a .fixed salaiy. Plaintiff held the latter, and defendant ■ the former view of the ca:se. The evidence was very conflicting, the two principal witnesses flatly cQntradicting ; each other in every important particular; so much so that it i« difficult to see how tbe jdty could give a verdict for one without imputing perjury to the othcry After three-quar-ters pf an hour's consideration, they found that defendant was not indebted, The Court tben adjourned'tUl Monday, when the adjourned case of Isaacs v. Luscombe will be beard. This closes the roll, with the exception of the special jury caseißichardson t>: Paterson, bnWednesday. 7;Another instance of an attempt at sticking up oh tlie road came to ourknowledge yeßterday. A storekeeper from-Tuapeka was stopped on his way to town, about 2 J miles this side of Horr's Public House, by two men, one of whom presented a pistol. The person thus attacked, had the presence of mind to tnrn his horse's head and gallop away aud he thus got clear ofl. So runs the story, we tell the tale as it was told to us. What can be accomplished by a steam dredge may be gathered from the fact that the dredge at present employed in the removal of the bar at Brisbane, removed in four*days 1,100 tons of silt. The greatest amount of work done on one day was 400 tons, during which time the dredge was only twelve hours under steam, and only consumed 23 cwt of coal. , "The large, influx of "immigrants which has latterly 'taken place in Queensland, appears to have occasioned a ,good deal of confusion and even distress;' but we learn from .the local papers last to hand that the immigrants were being steadily absorbed by the employers of labor,'and that even a scarcity of labor is felt in some districts. * The jute of wages appears to run from 25s to 30s per week. We have had some samples of prepared New Zealand flax submitted to our inspection by a Mr Henry Brooks. The samples are very good, and fully prove tbat the" 1 phormium, tenax will yet become an important. article ,of export from this colony. -One; 'of 'the samples, which by-the-bye have not been hackled, but singly cleaned, would be worth alputXSO per ton in London.,; We learn from tiie^Hobart Town Mercuryjh&t Mr BJackweU's celebratedracehorse " Shilelagh" was to leave" in the' CSs&opolite, for Otago, on or aboutthe 22qd November.' Shilelagh is one of the horses entered for tbe -Champion Race. We noticelhat » sporting paper under tbe title Gfgßell'&Life" in^Qneenllaka, Mrift'aboutJbeing > stwted?in \* $ * - * «■* *> Mq9e*t«a"to call attention to the Bale!of suburban land.at'Kai<^raerciaVlSale^B^M,^rinces itree^ «*' »ne V rJs t r-i% *-&^"l^$&! _v*?*

" *' In our advertising columns it will be seen tbat " a meeting is te'he held on' Tuesdajr evening next for the' purpose, of re-organising? the -Diinedin Musical Association. It is to be hoped that thone, of tbe inhabitants who feel an interest in the subject will attend in large numbers, and that such an amount of support will be given to the movement as will secure the successful establishment of a strong society.. We would also recomniend that those gentlemen who intend to be present should make inquiries among their female friends go as to bo able to ascertain how many treble voices mny be calculated oa for a commencement* We understand that a suitable room bas been provided for the practice meetings of the Association. - * We take the following respecting the navigation of the Wakatip Lake, from tbe Invet eargill Times of 28th November: —" We understand that a gentleman recently arrived amongst us from Tasmania, Mr Hamil ton, is about to put a steamer on the WakatipT-Lake, in conjunction with the enterprising firm of Messrs C.N. Campbell ahd Co. Mr Hamiltoni brought over a stearat enginefor the purpose of isawing timber, but on arrival^ hearing of the recent gold discoveries tb theieast and north of the Wakatiip Late, The determined to turn the steam power at his command to purposes more beneficial to the community. ; He intends starting sawyera and shipbuilders at once to the Lake to cut the timber, and construct a vessel of dimensions suitable to the anticipated trade; and in the meantime to alter the ma-T. chinery to suit the purposes for which it is ■. now destined. He expects to have his steamer in sailing trim in at most two months. We may remark that, considering the Like is some sixty miles in length, and opens up.a country hitherto in a great measure unexplored, the advantages , resulting from such an enterprise may prove incalculable. The north end of the Lake is not far distant from the west coast, and, according to Captain Stokes and whalers, copper; promises to be abundant." , A very painful accident occurred on Thursday at -Mount. Pleasant, in the vicinity of Fort Chalmers. A young lad named Geddes was repairing some slight damage to a gun, when itihapdened to slip from his hand and fall on the floor, and tbe contents of one of the barrels were discharged and lodged in the leg of his little sister, a girl of seven years of age, who was standing, near at hand. Dr Urquhart, of Port Chalmers,. was immediately called in, and extracted the wadding and shot, which had lodged in and about the knee joint, but the poor little sufferer being young and delicate, it is doubtful if she have physical strength to survive so severe a shock to the nervous system as she has sustained. From all • appearance, amputation will be necessary, If the patient should live to, bear the operation, The "family of which she is a member has been particularly unfortunate lately, her father having within the last six months had one of his legs amputated in consequence of some affection of the knee, and the family has since, through his. protracted illness, been in very indifferent circumstances. ■ , . ' Contributions to the Industrial Exhibition may, we are glad to learn, be expected ifrom Southland. The Invercargill Times, of November 28fch, says :—"lt appears there is to be an interprovincial exhibition at Dunedin, in December ; and we understand our Government has been requested to assist in the matter. The time fixed, the middle of next month, is too short; nevertheless, we have no doubt every endeavor will be made to place Southland in as good a position as circumstances will permit. We have seed a' eplcndid specimen of the lime-stone recently discovered on the north road, the first article as yet Received for transmission. It consists of a solid block of about a foot square, Of what looks like first-class building stone. Also some fossil shells, | perfectly petrified, seemingly belonging to the mussel order.''

SUPREME COURT; (Before Hia Honor Mr JustiokGressoh.) Friday, sth Deobmber, 1862. The Court resumed this morning at 10 o'clock. Isaacs v. Luscomre.—A misunderstanding having arisen on this case, a long conversation took place on the subject between the c unsel and his Honor. Both Mr Gillies and Mr Barton understood that plaintiff was non-suited, and there was an end of the trial; but it seems his Honor, though ruling with Mr Gillies, was of opinion that Mr Barton, insisted on going to the jury,'which he had a perfect right to do, and the Court accordingly was only adjourned because it was five o'clock. Mr Barton said he was not in a position to go on with tho case, as he had not his brief, nor anything else. His Honor: I apprehend there can only be two ■courts, cither withdraw j-our objection to the nonsuit, or adhere to it: and m.that.case the cause must goto tlie jury. ' Mr Barton: I have no instructions, and will not take th? responsibility. „„''>, . His Honor : The fault is not mine. , Call the jury. The jury were summoned, when it was found that one of the gentlemen who had been drawn for attenda: cc in Court, was absent. It was stated that he had been only in town on some business, and bad gone home to the country immediately after the Ct-uitros?. '■After some further discussion, the case was adjourned till Monday; and a juror having been taken from Court, the next case was called. a dishonored bill Nathan v. Hood.—This was an action brought to recover the sum of L 194 18s 3d, less LSO paid to account. '«.,', , Mr Ward, who appeared for plaintiff, said the only plea of defendant was f> that a renewal of the bill was promised by the'plaintiff. - Defendant did not put in an appearance, either personally or by counsel. The first witness called was— T . Henry Nathan, plaintiff,'was sworn and deponed; The signature on bill produced is in defendant's handwriting. I saw hira at the Bank on. the day it became due, ?nd he paid LSO to my credit at the Bunk. He promised to pay the balance in about a week; I received nothing more. I did not agi*ee to renew the bill; ir. was given for goods sold in my Store. Within afiw days since he camp-and offered, a settlement through his friends, by giving part in cash' and the • balance in bills endorsed by his friends. I was willing to do .so but have not seen him since. The amount still due is L 142 18s 3d. with interest. Nathan' Jacobs, clerk to the plaintiff, deponed to the biU bring accepted by defandant. - Thi.* closed the case, and the Jury under tlie direction of his Honor, returned a' verdict for plaintiff to the amount of L 142 18s 3d, with interest at the rate of 8 per cent. WAS HE SERVANT OR CONTRAC-08. . Joseph v. Hertslett.- This wa* the next case called, and tbe question afc issue resolved itself simply into one aB above. The plaintiff's allegations were that he . had first entered into a contract with defendant, to make a certain quantity of bricks, and that a month afterwards the contract was set aside, and lie entered defendants employment as foreman at the fixed salary of L 250 per annum, to be paid quarterly. This connection last six months, when it was broken, and the action was now brought to recover the balance of due. Defendant denied that plaintiff was ever anything el?e than a contractor for making the bricks, and thai instead of money being due to him, he had been overpaid for the quantity of bricks made, besides nol completing the contract. Mr Barton appeared for the plaintiff, and Mr Soutl for defendant. John Joseph, sworn, deposed—l made a contrac with defendant for bricks on Ist January 1862. Resided on his premises while it was bf ing carried out On 3rd of February agreed to be his general foreman • after a month's trial at a salary of £250 a year, pay aWe quarterly. Asked what was to be done with mi mates, and the previous contract—he said there was n< 7 duplicate of it, arid as they, could not enforce it I wai to throw tbem overboard.'Superintendedthe busines for six montlis, and defendant always expressed him self satisfied with the manner I transacted his affaire Was dismissed ahoufcthe 3rd of August by defendant /The salarvwasto commence on the 3rd February, i ■* the month's trial was satisfactory. I received n jhoney> but orders ori stores for goods or clothing to th Amount of £1419.H05t Ll3of defendants money an that wastaken from myfealary,~or accounted to me a isalary. . I-credited himiin all to the amount of £3 y? JOs^v 7Mywife wentat his request to do the cookin "T-.sVibr>h& meri.affcer.thessixmonths' contract was agree .on. 7 He sjdd it was betterjto pay her Ll a-week tha ft-man laan bonr/7 She^wa? so employed thirtee : V weeks. Asked bini several times for payment, bu A be said he had no money tillhe sold the land at Oariiart

ncethia action commenced-!;have * received - orders c- ' rLIO'JO£. Taking my salary at Ll2s,,and my ife*sat Ll3, this leaves, liUO which, defendant is ie .me.. (Witness Jhej^e described his-numerous-' * ities as manager.) I went,tb Oamaru : to,assist the ictioneerto conduct a sale of land and bid against ie public on defendant's behalf. Cross-examined,by Mr South: The contract for £ •icks was set aside when I entered defendant's ser- *j cc. .1 did not receive money for the contract after ' ring. I rect-ivcd two smal sums'of money while on. a* ie month's trid, and they were pais! to the mau jikin? on tbe contract.' I give receipts in case I l touLl be sent back to the contract. On the 3rd °" eb. I received asmall sum of money to give to the j, en whowere asking for it. The sim of IA lis he paid 'c i a butcher for me and he said it would be cancelled v: ith the rest if I suited on a month's trial. Do- not q •member recpiving any money in March. He did m 3t pay me- L 33 6s on 15th March on my own t j. jcount. He may have done so to pay tbe men, but' +l do not recollect. He did not pay LIBIO3 on 2nd pril on account of the brick contract. He gave me " sto bear my expen«e3 to Oamaru, and also a letter '^ »the auctioneer to give me more if I required it: t j, [c paid his men some amounts himself and not „ irough me. I had nothing to settle for on account f the brick contract. I built a chimney in May for m Irs Ayres. and also did some work for Mr Morse, nt it was for defendant, and he got the .benefit. I now a man named Barker. 1 did not take a ontract for 100,000 bricks from him. Between 'ebruaryand August 1 did no work on my,own ccount. Asked for money about' three months after entered his service. He never asked me to go into a he accounts with him. Alter January I never' said wa. in bis debt. He asked me to request my wife ■ a come. ' £. By Mr Barton: I spent at Oamaru all the money V got and was in debt when I came hack. Morse paid * ne aid I earned the money to defendant. On ccount of family affairs he asked me to, do business c nmy own na-ne and I did so, but he got all the a acn-y. Had the contract for bricks been carried on ? would havo had IA per 1,000. f Mw Joseph corroborated her husband as to her en- * ja^ement as cook. George Cross deponpd to plaintiff being defendant's ' oreman. Witness always looked to dfefendant for mment, but did not get any. Sued him for wages. Henry Morse conrobOrated plaintiff's statement, hat though She did work in his own name it was •eally for defendant, ' ■ Richard Campbell, anctiorieer, proved the sale at 3amaru,-and the letter to him recommending plain;iff : - '.- .-.•..■;. ..-■■'••;■'.■■-■: . ...a:.7.-:° -. Tliis closed plaintift's evidence. . * Mr. South.stated the case for defendant, and called ' Hehiy Charles Hertslett, defendant, wbo^ being j sworn, deponed—Know the plaintiff too well.' Gave lihi, in January, a contract for briclcs^rt finding ma- ■ ierial,'and he labor. All tools and appliances were i to be found by me. Plaintiff was at work on it Ton ; oayTland. I paid him the following sums of money ■.; Tor the" contract:—On 27th January, for bricks L 2 ; Ist February, bricks, Ll2 10s ; 3rd February, butchers' account, I*4 8s lid • oh l7th February, L 25 ; _n the 21st, Ll2; on' 3rd March, L 2 3; "on the 13th, Ll6 0s 7d, for butcheri' account; on 2nd April, LlB lOi; on the. 27th April.' L 5. This was for the Oamaru expedition, and while the contract .■ was going on. He had told ac brickmaking was hot 'his trade; he was a stonemason, and he wished to see what kind of stone there was at Oamaru. Having some sections of land there; - I suggested that he should go: down, see tbe stone, and bid for the land, and I would pay his expenses. In fact, believing him to: be an honest man,! eraployed him as an agdnt. He was not then, and never was, in my employment as servant. The next sumpaid was on 28th April, order on MeLeod and Gibson, L 2 ;oh 3rd May, L 3 ;on 12th, Ll 10s. The next entry is 17fch May, L2O, which he paid me for material he gotto execute contracts 011 his own account On 3rd June paid him L 37 Tl7s oh account of brick contract. I know it is on that account, because I never had any other dealing. About this time I became short of money, arid that was the last cash payment, but I became responsible/ to MeLeod and Gibsou. for goods—-I believe to the exteftt of LIOO. Plaintiff has invariably refused to come to account about the brick contract;; he has said twenty times he was. ashamed to be so much in my debt. On one occasion he measured some wood, and on another a drain, but the whole of this outside work would not occupy a day. I never hired him a<t a foreman or yearly servant. The first I heard of L 250 was in .the account he rendered me in August. The question of fixed walls was never mooted except prospectively, when the contract would be completed; about July. It" was talked of that then he might enter my employment, cither on a fixed salary or commission,- - This- was never acted on, the whole establishment being broken up about that time. The contract has not yet been fulfilled. I never engaged Mrs Joseph. I was surprised at her arrival, and I think so was he. . At his request I lent mjr spring cart to bring her to the house' No preparation hadbeen made for her arrival, and they slept two nights in.my house. I never engaged her as cook; never heard of Ll a week to her. The LlO 10s. item he appropriated to T his own use instead of handing it to me. Never authorised him to pay money for me. Never had a contract with Mrs Ayres, or Morse, only supplied material, for which plaintiff paid the. Cross-examined by Mr Barton:. Paid plaintiff his expenses for going to Oamaru. (In reply to a qiiesI tion what he went to.Oamaru for. defendant got angryand said, " Because they know I am in jail, they did things which I would soon have stopped. lam just the victim of a conspiracy." Mr Morse's evidence surprised me .much. I never told plaintiff to make the arrangement With Morse in his own nameWhen I asked him to go into the account, he said— •"' Don't be hard on a man; give me time." I gave the orders on M'Leod and Gibson, because I wanted the contractcompleted, and save the expense of the arrangement being thrown away. L 2 per 1000 would have paid well, but the thing turned out very unfavorably. Wm. Barcock, brickmaker, deponed to being employed as a sub-contractor, under Joseph, to whom he looked for payment. Mr South stated he had other two witnesses, but would not call them, and proceeded to address the jury for his client. . . ' , Mr Barton followed for plaintiff. His Honor summoned up, pointing out the discrepancies in the evidence, and th? jury retired. After an absence of 45 minutes, they returned to Court with a verdict for defendant; . .

Between

-The Court rose at 20 minutes to 5, till Monday at 10 o'clock.

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Bibliographic details

THE Otago Daily Times., Otago Daily Times, Issue 301, 6 December 1862

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6,737

THE Otago Daily Times. Otago Daily Times, Issue 301, 6 December 1862

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