MR. BARNES IN LEITH WARD.

Otago Daily Times, Issue 3255, 12 July 1872, Page 3

MR. BARNES IN LEITH WARD.

MrCarnes^at'tho request of tho'gentlemen who forrriiil "h"i£ Election "Committee when he was returned^, nust the electors of Leith "Ward, at- the Caledonia Hotel, last evening, to give iin account of his Councillor-, ship. .Mr I?cter Gibson was voted to, tab chair, and there were about 40 peruona present;1 ;•;■"■ ■ - \ -, , f ','.',', '' • Mr JUkniw, after thanking the Committee for ■ calling the meeting, said he ba<l always hoped torise'to something, but he had never thought, he would be able to beat such a man asjtbe one he did tyro years ago [; and the thought, that ho had done b&,--had-eonßtantljy-urged him since to ' exert himself .to htß ■ utmost. He had ' now in 'luV hand notices froirii jtW >Towd Clerk to iattend 251 meetings during the past year and eleven months,- and he had .attended'all these save two. One of these he did not attend because. hie ami put in a tender for. spine worksite, other,, jb**caiise he was not"well. TF^o_had fulfilled aU he had promised, and itr was not his fault that he had not succeeded »ih all he had promised to endeavour to flol *>^fJlen elected he was against borrowing, 'bat there lxiin^ a majority in favour of it,.bo went in for getting a fair share lor his Ward- When, ;it was proposed to. innke tjjo "Ward .allocations on the basis of tlfe respective amounts of -taxesf jho pointed out.;that the- large/ amount of "Corporation property in' Leith Ward needed ;.atrce«B to it,«vj so succeeded in gutting a better'aharc. All the work done withe Wardliad, been, done on his owii notices of motion/and —it was with reluctance ho would say so*—his efforts had not been seconded by the other member. Four bridges had been pu t tup, over the Leith in the last two' years, and their cost, some £ 500 or £600, did not come out of the allocation money.- He thought!Leith Ward, when everything was balanced up, would be found to have got ite fair share of the money. Councillors, some tiiqe.ago ,w.ent. iv forre- rtrenchment, but now tbat the elections-were - coming on, tl)«y, iwjunt in-jfor.'pxpenditure. He was opposed to "expenditure at this moment, as it looked like, ant «leotioneeri»g, dodge, but when ho found the money woiila be voted, he went hv for-liis "Ward's fair share. He then detailed the amount of work to be done. He would again seek to represent Leith Ward; and trusted; for the sake of. his own pocket, no ( ono, would <»ppo«e him- If any «iualified gentleman Opposed him, and promised before, a public meeting to' Attend to the dntiea~ lie would" retire. --(No; iio:) He would lie& pledge himself that, if f (Jectcd, he would do his best He ivou'ld riot come forward as Mayor, because be felt he did not possess the Qualifications to fdlthat position. In iivpyfar to t Mr Barnes said lie was for taking sneli action, in the letting of Corporation properties aaWould pnfc ft check <»n epcciilfttors, aud would 1)0 au encouragement to luma-fyl^ lessees. He was not afraid.to say. he wan in favqurjjf t . Jeani»"tlie town. JEfeie, gettMig: it' fenced o^ jind laid down in- Eitgnfeh rgrasfi. This, if 'done, would .tend to imprqve.iti and- would raise the money, that c* xlaofc otuerwj«6ije go.t, .for.toying, %\™K^^ : ?\sVSs fetatiou' $&&;* Urge pw ws J«|t Jo City, namelyi £1400, the- rent ior, savm.. ive%ru- of tf'part of'the ftoathera. Marj^t steferv%' whjbU. .^oulj uotbe r^uir^d intjjm; ' tuai'tiuie^abdi'iii^'lditionitio-itbis Hum, the. !ta*ds;that?youl«l-h*vo come alw^uring that- " 'tiirtVWcrc itsb'lost' ' **" ""' ' Jtvnd «poke at lengtlx .to the effect that aj^ flß.inies waa ,not o«o who conght the bo!ionr, ami who sbirketlthe work—bat a»real,hftidVnrkiiig rcprcseutativc Hemovwl -^JThat the -ra^-pnvers of I-eith WnwL «w T l*^"* teud^fchetclu»tty.tlwnT«tb:3rrC<mn.<iiUor- ' 'BameaJor the coustaut andj»uc«e«sful atten-,. * jtion lie hjw givon'to' hi« dnttegw ijjft^ pr^eriiativo^fH t3'tlife" CtVf CotindTr;"*»? * Oicreby jrj^me*t;ibai;.,he.3WiU pffcrjl»jtisej.f fpt ire-fclection, laedgixig.'themsciv.efj in ibe even^ iof his doing m, use ihcir .best ..«florts to 'secureiiifliretura.": , > - .«jj- >•.,'^<-v •■} ■'> ; r Mr Shkkww, sen'»!'seoftmletl .tho motion, 1 and said.that^rl'Rarncs m^ best Coun- ■ ■diior* svs W» $ntm *%~*™. yTLu*I', ' ?*eir^tHcir'-.BU^r' *?&°!ffi&*& A«)& \ aioped ftVrepbrfcr- wduld'tltke^this [MSßm. ■ Uie wished tlieir other mcrobcr-wouldatknd \ itohirduficfubctt^KtliaAyhebaa dcife^ftrinjf, I :the naat twelve moiwhs.- .-More.-ircruldJ;!*.1 ! :h^rHf'tWs^b<rf6re:th^'n^tr election w,w' [ -over. Ar^uj^tion.sUould be awit asking ! !MrThoriemariWre«^ r fAinnAU«e} I ! ~Tbe .meeting terpaJttted yvgh tiif a^ual ). cdmi>ltoentytW chWan. 'XI : .. t .-.' '- / I I SUPREME. CO^lii-IN. BANCO.: J I Regini X 4. Beetli'aui;«ndteiger:^A'r g n«fac u £ 3 :ofrufe.««for a writ ot prohibition, calling t up6ifHte W*rdetf .tdaeeftstiwn;^ stay prog cc&lings in the case of Grace v. Lager. 5 ! S»wt^ l^tKwho^wereMe6»rs \ Wmmma G._,Cook, B. C. Haggitfc,-^ "> StooVappeiiei to suoport jtJic rale *W '» shewwl cdxueks- J<i iv" T':'".V'i t-'ii l>i-*- t ■ f«n# >, toAf:-<NMnrtMrn t .in Ai»rf Uet;*beforefMr ', Ikger Bue4 tTAce and Party Cor £12 000 it damawis, in respect of gold taken out of .c JSageiFii claim. Damages were recovered to

the* amount of £8124, together nnth\£B6jG* costs. An appeal was instituted in the Bintrict Court, iii the meantime execration was issued; the bailiff took possession, but was forcibly ejected. Possession, so it was *liegcu, was now retained by Grace's party, and sentries were armed to watch the claim. The bailiff applied for. power and assistance to regain possession, but the application was notgranted^ Theprefient motion for a. rule ttiHi was moved for on" iKe grounds that the Wardcms^f^^/Vi^CDlegaillyreorifitituted, the Warden and Assessors having acted as bo-prdinate jwdges otla^f iandi fact; and;al*o that,*as'an appeal was pending, execution had bern wrongly issued. , . , Mr Barton said that before arguments were heard,'he wished' to call attention to a gross contempt of Court, committed tfy one of:iho parties, and he 'would "ask for1 a rnle uij*i,. calling upon them to • shew why'they should not «>e committed, and also to compel them to Ho what was Tight and ju'«fe - * ' His Honour: Arc yon aggrieved? Mr Barton :We arc, very^ considerably. Mr Smith,: I understood'that this was a special Kitting to hear this cJ»e. " His Honour : Ity consent of the parties. Mr Smith ; And not to be treated a« an ordinary Banco day. i *Mr Barton :ft is the same matter. Hie Honour: But if all the parties do not agree I shall not hear argnmeutw. Mr Barton: I tmnot now speaking to ih'iH j|iotipn f bu£ tp another niatiou f^r* rule iiixi -'- : *' f' ~'k '"'■ '■ '"• n ■'•■' i>; " H'*l '■''

Mr Smith,: And thi» day has been specially apixwitccl for bearing the present motion. Mr Hal-ton said it would make no difference sr.to time, because bo intended to ask the Court ujkiii the same materials and aui thorttics to fUmnfas the rule for prohibition. The trjjpositu parties had scixed everything, and were preparing to fash tlie gold out of tlic cJnim. The consequence was that they would Ihs simply fighting for ■an 'empty shell, it was a grara contempt to get a stay of procccdi'.'gs, and then rush the gold out of the claim. His "Honour explained that having been aaked whether he would fix a day specially to hear the case, it being represented that it wan one of emergency, ho replied, that he would only do so with the consent, of the parties'; that he would not' force parties on, and be hau understood that all parties consented. If Mr "Barton had not' consented, liv would not proceed in tho matter. UUiinatclyi.Alr Barton «aid that if tb<>, ciBC should bo disposed of that day, ho, wouHoslt His' Honour to sit on tho-day following, to hear bin motion for a rale nirl, on , the ground** which he mentioned. 1 | Mr }if^.on)thm, proceeded1to? ahowh,caiwe, | why tiic"rule should not be made absolute. He&nt&naed that the rtile hatfl&eWttbrcd for upon an affidavit which was insufficient in its materials, and therefore the Court $ould nb^t act upon it, bein^ founded prinpipaHyTrp%ifWiriew*papcr report. ' ! His Honour: P-it >isrwro»g} :it can be easily answered. ■ Mr Barton :It is a question •whether we Ought to be called upon jto answer it. I submit that the affidavit i« insufficient, and ask upon' it.- ' v After further argurnjnt, ,Mj; Barton said there were 'sm fchurities to show that a party was bound to place all necessary materials b«fore the Court on first making an application fora rule itixi, no frewh affidavit* could bo used to strengthen the case. " He had to answer the original case, nothing wore ; if he stated new facts, then perhaps answering affidavits could be used. Counsel cited Several authorities. Mr Maeassey said he should contend hereafter that it was impossible lo decide this preliminary objection until the affidavits had been examined. i His Honour : The proper.time to take the objection will be when the affidavits are ijead. i Mr Barton argued that Mr Betthani had ( not, as Mated By, the oiher,side, decided" questionsofiaV&wl fact in cdn] U nction with the assessors. It appeared that at the hearing Mr G. B. Barton moved several nonsuit points, but saidjie mer_ejy fJSeajred that they should be noticed, adding that it was unmaterial to him A tyhetUer- they .wereovorruled br,not. Counsel now : said that he considered this matenal, because it shewed that Mr (i. B. Bartott* gave the' Court to tindors'tand from the beginning that he did not wish the Warden to.take notice of thii legal objections raised. That had been done for? one of two reasons ; either it was intended from the iirnt to carry the case into A higher Ckrart, it being in the Wardens' Court only a kind pf preliminary investigation—a trial of facts, without reference to the, questions of law ; j or,,else it was intended to throw tno Court 6ft its guard, so tliat by not deciding the questions of liiw, he mi^hfe come to the Supreme Court for prohibition, and thereby, tie up theywhoJiO: raatter, a, pcqceetUog; thai was bo improper that he, would not presume (Wch! was' intended* by Mr (i. B. i Bartiin. • ■&*-■>■ !' :l' r '■•■■-'•■:■"■'*' '<"■- 1 ■' ?<'m^ After/further argument; tod riiniAfks V>y Mr Barton as to the precise, position assumed by the other side, Mr Smith said they contended that the vertlict was void, on the ground of a confusioh' of functions that ought to have been kept separate. First of. all, the Warden allowed the Assessors 'to take part in dealing ivith pointa of lav, >andj questiqua to ,the. admissibilitjr of evidence i aiid ■ tlie Wartien took, part with the Assessors in d'ebberating upon the vjcrditit. ■ • ■ < .Me ,Barton said the points ought to be clearly »tate<t to him., Supposing that the assessors had wrongly decideil, the principle recoguiaed in the superior Court ■ should, he submitted^ prevajl4-namcly, if tb'e ultimate, decision were right, a now trial would not be, granted siniply because a Judge Jjeft to, the jury what ought • to. have been decided by himself, especially if, a« in the present case, attention was tfot called to the fact at the time.;. Counsel'then commented upon the affidavits at considerable, leugtlu , Grace's t party lxad requested that prqcceduige should . be stayed, pending; an', appeal; to a'higher ■ Court; nevertheless they took forcible. possession of the claim," and tied up th-ts hauulfl ',' of'his client. On a writ of proliifntionbfeing applied for, everything connected with.it * was stayed until the decision wasmatle * known," n(^ i* l"2 n, contempt for any \ t>arty to alter thcoouditiohof things existing ' when the rule was obtained . He did not, admit' that the .Wfefan* acted 'a* Am»gor; liut if'he'did do' so, he'actatl; rightly. Bcvertiog' %o the action of ,O race s party, liemukitlie autlioritics showed that the ' Court would -not listen to a party who was * iroilty joi inch * contempt It wa* Bitaplf ? '- Mockery that counsel should be arguing. " there, and that tho men should 4 bc ruahmg i the cold out of the claim. It was huiintenI tioiTto"oa^'M the first niHtauce, that the 'Sheriff sbould teis«J the property vi t qiJest.]on» d hold it until the'matter harl becri settled, and to prevent any! abuse of the process of XJonrt."* Counsel batl not concluded hw ar- »; ictfrnentwhen •." ' - ; • * ; Thc'Courfc adjourned.