SUPREME COURT.—CIVIL SITTINGS.

Otago Daily Times, Issue 4266, 20 October 1875, Page 3

SUPREME COURT.—CIVIL SITTINGS.

Tuesday, 19th October, : (Before His Honour Mr Justice Williams, and ; a SpeciaUury.) j HOGG AND ANOTHER V. SOMERVELL. | Mr Smith and Mr Denniston for the plaintiffs ; Mr Maeassey and Mr Stout for the defendant. This was an action brought by James Hogg and James Hutton against Hendry Soinervell. The plaintiffs in this case pr.xyed that the Court might declare certain agreements between the defendeut (by his agent, Alexander Rennie Hay) and plaintiffs, had been entered into. These alleged agreements were for the leasing, to plaintiffs, of premises in Princes street North, near the Octagon. The plaintiffs further prayed that the defendant might be compelled specifically to perform the said agreements as far as the same were yet to be performed, and to execute to the plaintiffs a good and sufficient lease according to the terms of the agreements ; or, if the Court should think fit, that the damages which the plaintiffs had sustained, or might sustain, might be assessed, and that the defendant might be decreed to pay damages to the plaintiff in substitution for specifically performing the said agreement: and that the defendant might be restrained from leasing to any other person to the prejudice of the plaintiffs. The matter had been before the Court in January last, and subsequently in the shape of an action, entitled "A. R. Hay v. Hogg and Hutton and SomervelL" Hogg and Hutton had accepted four bills of A. R. Hay, aud, by

way of security, got a receipt in full for three years' rents (Hogg and Hutton were sub-tenants of the premises under-Hay,'who was lessee), and the receipt provided that, in the event of Hay retiring- the acceptances when due, the receipt would become null and void. The bills were for Ll5O each. When the first bill became due, Hay did not retire it (though he alleged forgetfulness on his part), aud afterwards waited on Hogg and Hultou with the amount of the bill, which tender they refused to receive. They had retired the other three bills, and declared that he had been willing to retire the first. According to Hay, the transaction was merely for his (Hay's) personal benefit;, and the question was whether Somervell should be bound by the transaction. Evidence was taken, and at the conclusion of the plaintiff's case, Mr Macassey, for defendant, submitted that there was no case to go to the Jury. His Honour ruled that there was a case to go to the Jury. Some argument took place as to which side should liavc the right of making the last speech, j and The point was not decided, when The Court adjourned till next day. A VINDICATION. TO THE EDITOR. Silt—As your report of last night's meeting at the Hillside Railway Hotel takes me most severely to task for the manner in which I, as chairman, conducted the meeting, will you kindly allow me space in your columns to vindicate myself 1 The report I deny to be correct, there being only one motion, and one amendment on that motion, before the meeting. The several speeches on the amendment your reporter makes me to take as amendments, and that as such I put them to the meeting. Only one amendment was put to the meeting, and was only earned by the strong show of hands of the committee (about ten of that body being present), who, in my opinion, when their action was called in question, should not have voted against the meeting. Some personalities were indulged in, it is true, but I also at once called the parties to order ; and, do what you will, a chairman cannot always confine a meeting strictly to the purpose for which it was called. I readily admit that, on one occasion, I was out of order; but this, in my opinion, does not entitle me to that over fair share of censure your'report wishes to burden me with. ' So much does your report savour of one-sidedness, that, in the opiniou of many besides myself, it seems to have been handled by some one more interested in the report of the meeting than your reporter was.—l am, &c, I\ G. Naujiann. Forbury, October 19th. [We publish our correspondent's so-called vindication, but at the same time must hold to the opinion expressed by our representative, that the meeting was badly conducted. The last part of the letter, charging our reporter with being coerced, is too contemptible too notice.—Ed. O. D. T.] THE MACANDREW BANQUET. TO THE EDITOR. Sir—During the past week strong efforts have been made to induce the Macandrew Banquet Committee to resile from the high position they have taken up of doing honour to the mon for the principles he espoused and maintained, and to accept the lower one of giving him respect for his own sake, apart altogether from his recent action, and to offer him a money value for his public services. To those who have been making these efforts I would sa.y, unequivocally, that they greatly deceive themselve if they see or fancy they see the slightest chance of the Committee yieiding one iota to their insane pleadings. The resolution is determined that the Banquet shall be solely and alone as a testimony to the worth of Mr Macandrew and. his coadjutors in stand ng up so nobly and valiantly in defence of a principle—one of the first principles of freedom dear to every independent mind—the principle that before any radical change is effected in the Constitution or Government of the country the people should first be consulted by a general election as to their opinion of the change. That is the point we are counselled to put out of sight, and to say instead to the Superintendent " You have done well in your career in this Province, sit down and have a bit of supper with us, and we will give you an alms for your services." Could a proposal more insulting or repugnant to the whole nature of the man be offered him ? Macandrew to forget his existence, his devotion to his Province, his sacrifices for its sake, the exalted position he occupies in the opinion of his countrymen ! Like a poor mercenary tool, to accept a paltry pittance for his services, and then Fall like a bright exhalation in the evening-, And no man see him more. His is a higher and a better reward. Actuated through life by the aspiration to make his adopted laud a contented and happy home for thousands upon thousands of his fellows, to bring it to the front in successful enterprise and substantial prosperity, to preserve intact the institutions he has been largely instrumental in planting and fostering, he has the satisfaction of seeing under his presidency, and to a large extent by his genius, Otago the most populous", thriving, and energetic of the Provinces ; he knows, and may rest well assured, that a grateful people accord him the highest meed of praise for his patriotism, put the greatest value on his services as their most astute civilian, and are proud of him a-s their foremost citizen. Tl c Committee are quite prepared to act in concert with their fellow-colonists in giving him a substantial token for the services lie has rendered. In doing so, two ideas must decide the recom--1 )ense —To what extent is the prosperity of the Province due to his action? aud then how much would he have earned had he diverted his talents to mercantile rather than political pursuits ? Our estimate is that a sum representing one guinea each from every male in the Province, would be nearer the mark than the shabby three or four thousand pounds proposed by his psuedo friends. One word more. The Abolition question is not settled. The strife has yet begun. True, Provincialists contend now under great disadvantages. They have lost one strong position, that which should be the bulwark of the county's privileges. Many of those who were on the ramparts to defend have gone to the enemy, some of them it is said for filthy lucre's sake, and justly the press of Dunedin has unanimously held up to public scorn several of the Otago Members as unfit to hold the position they occupy, or legislate on such v, vital question. The coming election will change the as|Ject of the Houbc Insidiously and by stealth the cunningly contrived Abolition measure was introduced, aud has now been decreed into law. It is not yet however in operation, probably never will. The voice of the people and the decision of next Assembly will settle the matter.—Yours, &c., James M'lxdoe. 15th October 1875. There seems to be a fatality about New Guinea Expeditions. The Macleay Expedition ate returning to Sydney, "totally disorganised." They must have found the undertaking too large for thtni, as most people thought they would. Stranusrs paying a <isit co wimccin are often at a loss to know winch is the best establishment to visit for the purchase of drapery and clothing. Herbert, Ilaynes, and 00. offer special advantages to the public that can be met with nowhere else in the city. They keep at aJI tiioes the largest and best assorted stock of every class of goods, imported direct from the leading •jnanufacturcrs and warehousemen at home, which, being bought entirely upon cash terms, they are enabled to offer iroods of such sterling- value as cannot be equalled by any other hcuse in the trade. Every article in stock is marked at a fixed price for ready money, from which no abatement is ever made, so that the most ineyperienced buy their goods at the same price as the best judges. Their terms are —net cash, without discount or reduction of any kind. A fuller description o their stock will be found in aD advertisement in the first pace of this naner.— f Advt. Strengthen . the Constitution. —The temporary " fillip to nature" given by a dram is of very bri«f duration, and always followed by injurious reaction. Only by a pure i-tmiu'ant efficiently medicated can the we-*k and nervous invalid be r^lly benefited. Udolpiio WomeN Schiedam An.oM.vnc Schnapi's is a stimulant of this description, and in its freedom from all taint of adulteration and the potency of its invigorating and regula- ing properties, it ."-tands alone. Its effects go deeper than mere symptoms. It reforms a morbid h-iMt of body and biiiefici Uly affects the constitution itself, wli'eas a cure for dyspepsia and its ki dred complaints, it has no equil.—[Advt ] I saw m\ r beloved child declining under that state of srcnenil debility to which so many young girls do fall a piuy at a period of their growth. The use of Lucas's Phosphate ok Iron rapidly rc-torcd her strength and health. W. J. 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Flokilint: !—Foil tub Teeth and Breath.—A few drops of the liquid "'Floriline" sprinkled on a wet tooth-brush produce a pleasant lather, which thoi roughly cleanses the teeth from all parasites or imi purities, hardens the gums, prevents tartar, stops decay, gives to the teeth a peculiar pearly-whiteness; and a delightful fragrance to the breath. It removes all unpleasant odour arising from decayed teeth or tobacco smoke. "The Fragrant FUriline,' being composed in part of honey and sweet herbs, is delicious to the taste, and the greatest toilet discovery of the age. Sold everywhere at 2s OH. Prepared by Hb.vrv C. Gallup, 493 Oxford street, London. Advice to Mothers.—Are you broken in your rest by a sick child suffering with the pain of cutting teeth ? Go at once to a cheuiist and get a bottle of Jlits WixsLOw's Soothing Syrup. It "will relieve the poor sufferer immediately. It is perfectly harmless and pleasant to the taste ; it produces natural, quiet sleep by relieving the child torn pain, s>nd the littie cherub awakes "as bright as a. button" It S"Othes the child, it softens the gum-, allays all pain, relieves wind, regulates the bowels, and is the >'est known remedy for dysentery and diarrhoea,ivnether v-'ifcing-from teething or other causes. Sold everywhere at la lid per bottle. Manufactory—493 Oxford street, Lfljdon, Uao