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News of the Week.

His Honor Mr Justice Williams held a Banco Sitting of the Supreme Court on Saturday, and delivered a judgment in the case of Cayford v. Carruthers, discharging the rule, with costs. The object of the rule was to set aside the Judge's order for the case to be heard in Dunedin, with the view of having it tried at Invercargill. The suit is for alleged breach of promise, and was set down for hearing by^ a common jury at the Supreme Court, Dunedin, on Monday, the 27 th inst. The question of the adjournment was settled on Tuesday morning, and during its discussion Mr Smith remarked in reference to the judgment delivered by his Honor discharging the rule, by which it was sought to set aside the Judge's order for the trial of the case during the present sitting, that, with all deference to his Honor, it still remained a question whether the defendant should not be advised to absent himself from the trial, and have the case taken to the Court of Appeal, upon the ground that the rule should have been made absolute. The pipe-laying contract in connection with the Silveratream water-supply scheme is now proceeding vigorously, the work of excavating the trenches being much easier since Crawford street and the Anderson's Bay road have been passed. The pipes are at present being laid through the Caledonian Ground, and the line of trench is cut some distance farther. The route follows the railway line through Kensington till Caversham is reached, when it proceeds along the Main South road, joining tho railway again before it enters Look-out Point tunnel, through which the pipes are also to be laid. The tunnel is expected to be reached in a month or six weeks, but the work of going through it will probably occupy from two to thr^e months. Work can only be prosecuted in the tunnel from about midnight till half-past 5, and portion of that time will be taken up in clearing away, so as to leave the rails entirely free of any obstruction. Possibly, only four hours' continuous work will be accomplished each night. Mrs Jane Reid, who was convicted at the Supreme Court on Thursday last of perjury, waa admitted to bail on the 9th. The passing of sentence was postponed by his Honor until certain legal points raised for the defence have been decided by the Court of Appeal, and bail was allowed in two suret'es of LIOO each, and the husband's bond for L2OO. The sureties, to the satisfaction of the Registrar, were not obtained on Wednesday evening, but at noon on Thursday the conditions of the jbail were fulfilled, and the prisoner was released from custody. We are authorised to state that theJDirectors of the Colonial Bank of New Zealand, at their meeting on the 10th, resolved to recommend to the proprietors at their meeting, to be held on the 29bh inst., a dividend at the rate of 8 per cent, per annum, and to add L6OOO to the Reserve Fund (which will then amount to L 42,000).

The Union Company's steamer Ringarooma, which arrived at Port Chalmers on Tuesday, brings a selection of splendid shorthorn cattle, purchased by Mr Christopher Wilson, of Bainesse Farm, Foxton, Manawatu, at the annual sales of Messrs S. Gardiner and Robertson Bros., of Colac, Victoria. The whole of the animals have arrived in first-rate condition, and such grand beasts must prove a great benefit to the district for which they have been purchased. They comprise Mr S. Gardiner's celebrated prize bull " Matilda's Double Brunswick," who took the first prize at the Victorian Society'sAgriculturalShowinlß7B,andatwhich time the sum of 800 guineas was offered for him, but refused by Mr Gardiner, who placed the reserve price of 1000 guineas on him. A white bull, purchased at Messrs Robertson's sale, called the " Earl of Alvie," by sth Eatl of Derrimut, by Earl of Geneva, is of the purest stain of "Bates'" blocl, and the Messrs Robertson paid 1650 guineas for him. Among the cows is a red one by Earl of Geneva, dam Red Duchess, by Duke of Brunswick. She has a fine calf at foot by 22nd Duke of Derrimut, and is accompanied by a very handsome heifer, five months old, by Oxford Cherry Duke, which was purchased by Messrs Robertson for 2500 guineas. The dam of this heifer was Moss Rose, by 4th Duke of Derrimut. There are also five threo-year-old heifers by Marquis of Lome, full brother to Duke of Alvie, the champion bull of the Australian Colonies. All these handsome animals are in calf to the 25th Duke of Derrimut;, and Me Wilson informs us they do not comprise all his purchases, as several more will shortly arrive here from Victoria for his stock farm. The tender of Mr JJohn Thompson 'for the I erection of additions to the Telegraph Station 1 at Oamaru has been accepted. The amount of the tender is L 192 9s lOd. The installation of officers of the Pioneer Lodge, LO.O F. , took place on Tuesday evening at their new hall, Rattray street. The Grand Lodge Officers were in attendance, and installed the following officers for the ensuing term :— J.P.G., Bro H. Naphtali ; W.G., Bro Michael. Cohen ; V.'jr., Bro Stohr ; Treasurer, Bro Godfrey Jacobs , Secretary, Bro Mitchie ; Conductor, Bro Hamilton : Warden, Bro Langley ; R.S. to N.G., Bro Cruickshanks ; L.S. to N.G., Bro Underwood; I. G., Bro Collier: • O.G.,Bro Walls; R.S. to V.G.,BroM'Qrillah: L.S. to V.G., Bro Patersonj R.S.S., Bro Vezey ; L.S.S., Bro Crawford. The Lodge was officially visited by members of the>Star of Auckland and Leith Lodges, and was duly closed at 10.30 p.m. A number of immigrants were engaged at the Caversham Immigration Barracks on Tuesday, as follows :— Six harvest hands for three months at L2O, and one for the game time at Ll9 ; one farm-labourer at 24s per week, two at 22s 6d, one at 21s, eight (by the Australian and N.Z. Land Co.) for six months at 20s per week and 30s during harvest time, one at L 55 per annum ; two shepherds at L6O per annum, aud one ploughman at the same rate. The tender of Mr John Whittaker for the Waimea Plains railway has been accepted. The amount is L 36,625 14s 81 This is for the permanent way, and does not include the rails and Rleepera, which are provided by the Company, but will be laid by the contractor. The distance is 35 miles, and the work is to be completed within twelve months from date of signing the contract. A lecture on the " Origin and Destiny of the British Nation" was delivered by Mr R. N. Adams on Tuesday, in the Old Knox Church, under the auspices of the Anglo-Israel Association. Mr Palmer occupied the chair, and about 60 persons were pressnt. There waa no charge for admission. The election of a member tolfilljan extraordinary vacancy in the St. Kilda Municipal Council, on the lOtb, resulted in the return of Mr W. Shaw by a majority of 25 votes. The polling was— W. Shaw, 41 ; W. Halligan, 16. A meeting of those interested in the proposed tramway to Roslyn and the neighbourhood was held on Friday, the 10th. Present : Mr Wales, Mayor of Koslyn (in the chair), Messrs J. M'Farlane, Begg, Ross, Livingston, Forsyth, Hill Jack, Wilkie, Hackworth, D. Haggitt, Nation, Laurenson, Wilson, A. C. Strode, A. Mollison. R, Chisholm, John Reid, G. Duncan, P. Duncan. The meeting was unanimously in favour of the proposed tramway, and those present formed themselves into a provisional directory of a company to carry it out. A committee was appointed to bring up a report as to the steps necessary to be taken previous to commencing operations. It was stated that the Corporations of Dunedin and Roalyn were believed to be very favourable to the project, and would gi re every facility to the Company. The first concert in connection with the Kaikorai Choral Union, which has recently been formed, was held this week at the Good Templar Hall, Kaikorai. There was a good attendance, and the entertainment was a thorough success. Mr J. H. Edmonds acted as conductor in a very efficient manner, and Miss S. Strachan presided at the pianoforte. The glees were all well rendered, but the best and most appreciated was "Let the hills resound with song," which had to be repeated. Mr Edmonds contributed the solos " The Mountebank " and " The noble boy of truth," and. he gave as an encore to the latter " Man the life-boat." The Misses Strachan performed solos on the pianoforte in their usual brilliant manner. The rest of the programme does not call for special notice, with the exception of a double quartette, " The ash grove," which was arranged for the occasion by the conductor. After the concert a dance took place, and was engaged in by a large number of couples. The report by the directors to tho first general meeting of the shareholders of tbe^ Colonial Investment and Agency Company ofM New Zealand (Limited), held on November 20th in Edinburgh, says:— "The shareholders are aware th.it the capital of the Company is L 200,000 in 50,000 shares of L 5 each, whereof LI per share has been called up. Of these 50,000 shares, 40,000 were offered to the public in thia country, the balance being reserved for the Colony. The directors, although the list was only open for one week, received applications for over 87,000 shares. Considerable difficulty was experienced in the allocation ot shares owing to the great excess applied for over those which the directors had at their disposal. After a good deal of consideration, however, it was decided to allocate the shares on the pro rata principle as far as possible. This was done, the result being that there are now over 560 shareholders, all of whom the directors expect will take an activeintere&t in promoting the prosperity of the Company. The preliminary expenses incurred in this country amount, as far as ascertained, to L 1455, of which L 920 has been paid, and the secretary has been authorised to pay the balance of LE3S. Owing to the depression of trade, and the present financial difficulties, the directors have not received so many applications for debentures as they would otherwise Lave expected. They have, however, received debenture money amounting to L 10.270, and a promise of L 2500 more at an early date. Immediately on the company being formed, the directors communicated with the advising board in New Zealand instructing them t bpsiu buuiuoHS afc ouco, aud giving them ths

necessary credits and powers. There has not been sufficient time, however, to receive any advices, but no doubt ere this the company hai been fairly established and business begun in New Zealand. The adoption of the report was unanimously agreed to." It will be seen from the cable message we publish to-day that there is a very important improvement iv the London money market, and a general rise in Australian securities. This intelligence is very welcome and reassuring at the present moment, when a somewhat uneasy feeling was beginning to prevail in commercial circles. A meeting of the Hand-and-Heart Lodge, M.U.1.0.0.F., was held on Tuesday, at the Odd Fellows' Hall, George street, when there was a very good attendance. The balance-sheet for the half-year ending December 27th, 1878, was submitted. It showed that the total iodge assets were L 8293 3s 4d. The gross receipts for the half-year were LBO7 143, and the total expenditure L 565 17a lOd, leaving a clear profit of L 24 1163 2d. The net increase of members • during the same period has been 9. The sick pay for the preceding half-year was L6O 19-i, and in excess of the average, but this half-year the lodge has paid away L 165 3s— showing the necessity for husbanding the funds, and adopting the new scale of payments about to be introduced into the Order. >The widening of Princes-street South is all but complete. The old buildings having been removed, and operations in connection with the front of the new finished, the construction of the kerbing and channelling in front of Guthrie and Larnach's Woodware Factories Company's premises has been commenced. At a public meeting at South Dunedin on jthe 15th, it was resolved to petition the Governor to refuse his assent to the carrying-out of the tramway agreement. It was alao agreed to ask the Mayor and Council to resign forthwith. A charge came before the Police Court on Thursday morning against a man who succeeded on Wednesday in passing off a nugget of spurious gold as the real article, and getting L 3 or L 4 for it. A peculiar thing in connection with the affair was, that the man who sold it is believed to have stolen it from a dwelling, so that possibly enough he was fully persuaded of the genuineness of the nugget. We understand (says the Mount Ida Chronicle) that Mr H. C. Brewer, Mining Registrar of Mount Ida, has been promoted to the Deputy-Regiatrarship of the Supreme Court, Dunedin, in place of Mr Gordon, who has been appointed Acting-Registrar, Mr Ward having resigned. While Mr Brewer's many friends in this district can do no other than congratulate him on his promotion, they will regret that it will compel him to leave the district. His uniform kindness and general disposition to oblige, combined with unremitting attention to the duties of his office, have made him very popular with those who have had anything to do with the Warden's Court. During the short time Mr Brewer has been amongst us he has made many friends, who .will join with us in wishing him every prosperity. We believe that Mr T. L. Shepherd, late M.H.R. for the Dunstan, has been appointed to the vacant office. We have been requested to state that Mr W. J. M. Larnach took the first prize for fresh butter at the Peninsula Agricultural Society's annual show, held on the 2nd instant, and not Mr Walter Riddell, as reported. The insurances upon the cottage burnt down in George street on Sunday night were as follow :— ln the National Office, L2OO on tho building, LIOO on the furniture, and LSO on a piano (which was saved), insured by the owner, Mrs Ridley ; and in the Union Office, LIOO on the furniture, insured by Mr Scott, the occupier. The ;latter lost Ll9 in jnotes by the fire. All over the district (says the North Otago Times) the crops are looking much better than even the most hopeful would have expected a month or two ago, and the average may fairly be set down as very little below that of last or of former years. The effects of the drought are seen in some places by the unusual short ness of the straw, and in others by the thinness of the crop. South of Oamaru the latter effect is chiefly observed, the nature of the country happily preventing the hot winds from doing anything like the mischief they perpetrated nearer here. The extreme dryness, however, operated in the direction indicated, and injured what, in an ordinarily good season, would have been a splendid crop. Notwithstanding this, however, the wheat and oats on the other side ofjthe Horse Range, no less than those on this side, will turn out well. The welcome raia of yesterday, which promises to continue for some days, while it cannot be of any great service to the wheat, will do wonders to the large area of oats still green. Harvesting operations, which were becoming general, will naturally be retarded for a short time, but any loss in that direction will be fully compensated. No better proof of the payable nature of tailings can be found in Tuapeka than the success which has attended Kitfco and party's claim in Munro's Gully. It is now upwards of nine years (says the Tuapeka Times) since they took up the tailings claim, which they have - worked continuously during that period. It < waa', originally taken up by Messrs Kitto and i^the Brothers Thomas, and is now held by t Messrs Kitto, Ramsay, Hore, Hancock, Earle, wand Varcoe. When the claim was first taken "up, and for a considerable time afterwards, the party had a good supply of water coming from the Blue Spur sluicing claims — Livingston's, Hutchinson's, and North of Ireland's— but when these sources failed they were obliged to direct their attention elsewhere for a supply, and having pitched upon the Tuapeka Creek as the imost available, they applied for a headrace. This being granted, they commenced the arduous undertaking of constructing a water-race nine miles in length, which, before it was finished, cost L3OO a man, or LIBOO in all. The race is capable of carrying from 160 to 170 inches of water, which is stored in a dam near the head of the gully. The party are taking all the gully before them, excepting sufficient spare ground as will take the flurplu9|creek water. They are doing the work thoroughly, so that neither European nor Chinaman will have a chance in coming after them. Their tail-race is over a mile in length, and is boxed the greater part of the diatauce. We are glad to learn that they have made very eood wages, which the occasional sale of a share in the claim at a handsome figure has amply proved. As we have already aid, nothing could better testify to the large quantities of gold that have been left in the gullies than the very successful working of this party. Certainly they deserved success, for they went into the work in a proper manner, with the proper appliances, together with the determination to give the tailings a fair chance. We have received frsm Mr R. T. Wheeler the January number of # the Illustrated. New Zealand Herald, containing portraits — we will not say exact likenesses— -of the members of the Grey Ministry, a fine coloured picture entitled "The Stockrider," portraits of tie English crioketera, and various well engraved colonial sketches.

The quarterly meeting of the Provincial Grand Lodge of Freemasons, S.O. was held in the Masonic t Hall on Wednesday evening. Judge Harvey presided, and the business was of an ordinary character. The sitting of the Presbyterian Synod of Otago and Southland was continued on Wednesday. It was resolved that Dr Copland's overture with regard to religious education should be considered next evening. The applications of Mr J. Lothian to be admitted as a probationer, and of the Rev. Thomas Summers, Congregational clergyman, to be admitted as a minister, were referred to a Committee to report upon. The reports of the Committees on the subjects of Church Extension, the State of Religion and Sabbath Observance, and Sabbath-schools, were read and adopted; and the Rev. J. W. Inglis, representing the Presbyterian Church of Victoria, delivered an interesting address. The charge against William Wallace for the robbery of Ll2B 18s Gd from R. B. Twelftree wad investigated at the City Police Court on Wednesday, before Mr I. N. Watt, R.M., and the accused waa committed for trial at the Supreme Court. The Waste Lands Board at its meeting on Wednesday went into the consideration of the question of how best to dsal with some 20 runs, the leases of which expire iv March, 1880. The whole of the runs, a libt of which will be found elsewhere, were described as being rough and mouiitdaous country, and it was decided to release all but two— three or four of the largest of them to be divided into two portions. The two it was decided not to re lease for pastoial purposes were those of Mr W. H. Teschemaker and Dr Webster— the one of 8000 acres, the other of 1000 acres— 3ituated on the Kakauui Ranges. It was agreed that these two runsshould be sold by auction as rural lands. They adjoin a hundred, the whole of which has been taken up. It has been decided by the Waste Lands Board to retain Wednesday as the day of meeting. One hundred acre 3of a bush reserve near Wyndham township are to be sold in fiveacre sections, at the upset price of LlO per acre. The Hawksbury commonage, which contains 370 acres, aud regarding which a deputation waited upon the Waste Lauds Board a week or two ago urging its sale, will be offered for sale at the upset price of LlO per acre. The block adjoins the township of Hawksbury, and it will be remembered that a memher of the deputation valued it at L 20,000. It is to be cut up into small allotments. A meeting of the Linden School Committee was held on Tuesday night in the local schoolhouse. Present : Mr Chisholm (in the chair), and Messrs Cunningham, Jackson, Todd, and Ross. Messrs M. Fraer, of Lawrence, and Keith llamsay, of Dunedin, were nominated for the vacaut seat on the Education Board. A vote of thanks was passed to the ladies and gentlemen who contributed to the prize fund, and to the donors of special prizes. It was mentioned that L 29 had been spent in prizes for distribution at the last examination. Several accounts were passed for payment, and the meeting closed. The opening of the through line from Christchurch to Invercargill ha?, we believe we are correct in stating, been fixed to take place on the 22nd. Telegrams to this effect were received injDunedin on Wednesday. So far little is known as to the arrangements for conveying passengers upon the occasion, npr as to who are likely to be the recipients of invitations for the opening trip. The case of Smart v. Brogden was concluded at the Supreme Oourtjon Wednesday, andavardictwas given for the plaintiff. The claim, which was for LGOB 8s 6d, was made upon two counts —the first claiming L 282, the balance alleged to be due to plaintiff, as sub-contractor under Brogden, for building the engine-shed at Milton in 1875, also including small sums expended for the defendants while in their employment ; and the second claiming L 326 8a Gd for the alleged wrongful conversion of plant. After a protracted trial, the case having been commenced on Monday morning, the Jury on Wednesday afternoon returned a verdict for plain tiff for the sum claimed, less the amount paid into Court. Several points were raised by the counsel for the defence, upon which they will probably move for a new trial. The responsibilities of the Railway Department for injury done by sparks of fire from passing locomotives present themselves to the Commissionerforßailwaysfromapeculiarstandpoint (says the New Zealand Jurist). A recent notice from the hand of that authority lays down the following proposition: — "Notice is hereby given to all persona owning or occupying lands adjoining the railway boundaries, that the planting of gorae is very dangerous from the liability of such hedge to take and spread fire from engines. And all those who plant gorae on railway boundaries will be held responsible to make good the damages to the railway works, should fire be communicated thereby." Seeing that the "liability to take and spread fire from engines " applies to other things as well as to gorse hedges— er/., baystacks and weatherboard cottages— the Commissioner might as well have extended his notice so as to include the owners of haystacks and weatherboard cottages, and all other inflammable articles, on lands adjoining the railway boundaries. Before the recent fall of rain several of the mining claims at the Blue Spur were compelled to suspend work, owing to want of water. The through daily journey_ by express between Dunedin and Invercargill, when the line is opened for ordinary traffic, will be performed in six and a-balf The express will leave Dunedin at 9 a.m. ; leave Milton at 10.50, after a stay of five minutes ; Balclutha at 11.40, after a stay of five minutes, and reach Clinton at 12 30. Here 15 minutes will be allowed for lunch. Gore, where there will be a five-minutes' stoppage, will be left at 1.55 ; Edendale at 2 33, and Invercargill reached at 3 30. From Invercargill the express will start every morning at 9.25; leaving Edendale at 10. 23 ; Gore, where there will be a stoppage of five minutes, at 11.9 ; arrive at Clinton, where there will be a quarter of an hour's stay, at 12.15. The train will leave Clinton at 12.31; Balclutha, aft r a five-minutes' stay, at 1.35 ; Milton, where there will be another delay of five minutes, at 2 20, and reach Dunedin at 3.55. In addition to this, one or two of the trains now running to Balclutha from Dunedin will run through to Clinton. The annual meeting of the Dunedin Builders' Association waa held in the Athenaeum on Wednesday evening. The annual report was read and adopted, and the election resulted in Mr W. Mercer being elected president, Mr G. B.iteman treasurer, and Mr E. W. XJ'Ren secretary. It was resolved to adopt for general use the contract agreement drawn up at the conference of architects and builders. This agreement is ' based on the one adopted by the Royal Institute of British Architects and the London Builders' Association, altered simply to suit the local trade. A vote of thanks to the retiring officers concluded the meeting. ,

According to the new railway tariff just gazetted, the rates for agricultural produce, i.e., wheat, barley, oats, &c, will be— For distances of not more than 50 miles, 2|d per ton per mile ; more than 50 miles, and not more than 75 miles, l^d per ton per mile ; more than 75 miles, Id per ton per mile. For wool the rates are to be — For distances not more than 50 milea, undumped, Id ; double-dumped, lfrl per bale ppr mile; more than 50, and not more than 100 miles, ,?J. and jcl per bale per mile ; more than 100 miles, l^d and £d per bale per mile. For undumped bales of more than 4 cwt, and double-dumped bales of more than 8 cwt, £d per bale per mile to be added to the above rates. All loading and unloading must be done by the owner. For each loading or unloading done by the Railway Department, 3d per bale for undumped, and Gd per bale for doubledumped, will be charged. Mr E. Scott, the occupier of Mra Ridley's house in George street, which was destroyed by fire on Sunday night, requests us to contradict the statement made in our account of the fire to the effect that he insured his furniture on the previous Saturday. The San Francisco mail steamer City of Sydney anived at Auckland about 1 o'clock this morning. "We nre beginning to learn something practical about our heavy turret-ships," remaiks the Daily News of November 7th. " The first of these, the Devastation, has just returned to Portsmouth yard, after a loner spell of service in the Mediterranean. The second, a sister ship, the Thunderer, has arrived at Malta, to lake the place of the Devastation. A third, the Dreadnought, has already completed the trials of machinery and armament, and is to be commissioned at the end of the month ; while the fourth, and most formidable of all, the Inflexible, is to make a aix hours' run of her machinery in Stokes Bay next week. Each carries two turrets, in which are a pair of guns, consequently the whole armament of the ship is but four cannon. In the Devastation there are a pair of 35-ton guns in one turret, and a pair of 25.t0n guns in the other, so that for a i long time past she has carried heavier metal than any other battle-ship in the Mediterranean. The Thunderer, which has now replaced her at Malta, oarries_ a pair of 35 ton guns in one turret, and a pair of 38-ton guns in the other, firing 7001b. ahot and shell. The Dreadnought, the third of the series, is armed with four 38-ton guns, which, however, fire 8001b. projectiles; while the laßt, the Inflexible, is to receive on board the four 80-ton guns now being finished at Woolwich, capable, it is aaid, of projecting three-quarter-ton shot and shell. Nor is it only in respect to their guns aud armour that the ships diff erThe Devastation works all her guns by hand, while on board the Thunderer this is done in the case only of one of the turrets, the pair of cannon in the other being sponged and loaded by hydraulic machinery. In the Dreadnought ail the guns, again, ara worked by hydraulic loading gear, and this, too, will be the case with the very heavy weapons on board the Inflexible. This last-mentioned ship, finally, differs in one other important respect from the others. Instead of the two turrets being placed in a line with her deck, on board the Inflexible they are erected fore and aft in a diagonal manner. The object of this arrangement is to permit of the guns in both turrets being pointed dead ahead or astern. But if the Inflexible can do this, she cannot, it appears, cover more points of the compass altogether than her three lesser sisters." We take the following from the Hobart Town Mercury of December ISfch :— " Quite an impetus has been given to the timber trade in consequence of the New Zealand Government having decided to remove the duties on the produce of the forests of other countries from and after the 31at instant, and owing to the large quantity of timber required for the execution of the public works that have been sanctioned. The duties were found to be very i burdensome, and in some cases represented from 25 per cent, to 30 per cent, of the cost of the articles. They were as follows :— Timber, S2s per 100 super, feet ; palings, 23 per 100 ; shingles, 2s per 1000 ; posts and rails, 43 per 100. As a sequence of the removal of these imposts, considerable activity has been displayed recently in the harbour in loading vessels with timber for various New Zealand ports, and no little competition will ensue amongst the ships in endeavouring to reach their destination so as to take the earliest possible advantage of the ports being opened to them. The schooner Laurel got away yesterday, with a cargo for Wellington, There are nine other vessels, which are either laden or loading timber at Hobart Town for New Zealand. They comprise the barques Mary Blair, Huntress, and Corinna, for Lyttelton; the barques Acacia, Sea Shell, and Freetrader, and the brigantine Dahlia, for Dunedin ; the barque Bella Mary, for Auckland ; and the brigantine Annie, for a New Zealand port. In addition to these, the barque Wild Wave is loading timber at Southport for a New Zealand port. As all appear to be equally anxious to arrive in the New Zealand market as near the Ist of January as possible, there will no doubt be quite a rush from this port in the course of a few days." A great deal of time was taken up at the Supreme Court on Monday and Tuesday in arguing purely legal questions in connection with Joe case of Smart v. Brogden, and the jury were called upon to exercise great patience while matters about which they were in no way concerned were being contested. It is but fair, however, to state that nearly all these questions have arisen in consequence of faulty plead ings, and that the case was not prepared for trial in Dunedin. The defendants lodged a sum of money (some L 39 in Court), which was taken up by the plaintiff. - This money was intended to apply to certain specific items which the defendants admitted were due to the plaintiff, but regarding the remainder of the claim ! in the first count, it was intended to plead the non-joinder of Stewart, the alleged partner of the plaintiff. As, however, it did not appear on the pleadings for what items the money was paid into Court, it was held that it must be taken as distributive, and as admitting the plaintiff's right to recover upon the first count, thus practically excluding the defence of nonjoinder. In order to take advantage of the amount paid into Court, it waa necessary for the plaintiff ts amend by adding a replication, statingthatthedefendants were indebted to a greater amount than the sum paid into Court, This amendment was allowed, after argument, but the Judge declined to allow the defendants, after the close of the plaintiff's case, to amend their plea so as to set forth specifically the items to which the sum paid into Court was intended to apply. Mr Haggitfc, in opening the case for the defendants, said that they had desired simple justice, but, as they were provented by a legal quibble from bringing their case before a jury, they intended to meet it with another legal quibble. The plaintiff, he remarked, had omitted to state that the charges he had made were fair and reasonable, and therefore he should ask his Honor to direct thab on the first count— value not having been proved — the sum paid into Court must be accepted as satisfaction for that part qi the claim,

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https://paperspast.natlib.govt.nz/newspapers/OW18790118.2.66

Bibliographic details

Otago Witness, Issue 1417, 18 January 1879, Page 16

Word Count
5,541

News of the Week. Otago Witness, Issue 1417, 18 January 1879, Page 16

News of the Week. Otago Witness, Issue 1417, 18 January 1879, Page 16

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