THE COLONIST.

Colonist, Volume IV, Issue 341, 25 January 1861, Page 2

THE COLONIST.

NELSON, FRIDAY, JANUARY 25, 1861

The Airedale, which left Sydney on the 17th instant, arrived here on Thursday morning bringing files to that date, and English news to the 27th November. Passengers — Captain Russell, Major Cook, Lady and seven children, R. G. Coleman, Esq., Ensign Foster, Muller, Owen, Hill, and Misses James, and Smith, and six passengers in the second cabin. The Airedale experienced head winds nearly the whole of the passage down. She reports the arrival of the Marchioness after a fine run of ten days. This vessel was to be sold by auction, and a good deal of competition amongst bidders was expected to occur, in consequence of the general favor in which she appears to be held. Slips enclosed in the Sydney papers of the 17th instant announce that the Salsette's mail brings the intelligence that Sir John Young, Bart., will succeed Sir W. Denison as Governor of New South Wales. A correspondent, who left; Nelson some months since for a turn at the Snowy River diggings returns with discouraging news for those who would imitate his attempt. Upon landing in Sydney in June last he found everything exceedingly dull; this continued until November, when he started for Braidwood, visiting many of the diggings on the road; such as the Major's Creek, Alleyning, &c, prospecting at each place, but not finding sufficient inducement to stay at either. Some parties were doing a little, but the greater portion very badly. Instances were not rare of miners having to summons for arrears of wages from £30 up to £100. From thence to Braidwood and Sawpit Gully, being detained two days by the rain (which had prevailed the best part of the trip) now setting in with violence, and washing out everything, With only two loaves between the party of three, and discomforts beyond enumeration to those who had experienced the benefits of a New Zealand climate, the prosecution of the journey was abandoned, and finding that agricultural operations were equally unremunerative in that country, a retrograde movement was effected after traversing it for 300 miles, and visiting various districts, none of which offered preferable attractions

to the land they had quitted, but gladly returned to.

The Jane made another quick passage from Taranaki, bringing dates to the 17th instant, and will leave for that place on o before Monday.

Our dates by the Victoria from that place are to the 19th instant; she left Nelson for Taranaki last evening.

During the late sittings here of the Supreme Court a case of considerable importance to the community at large occurred, showing the legal but awkward position of Mortgagor, Mortgagee, and Tenant. Mr. Harley (mortgagor) let the Motueka Hotel some years ago: after the tenancy had continued under him, and he had been regularly paid his rent, and from time to time had repaired the premises and acted as owner (the tenant knowing nothing of the mortgage) up to the present time, he brought an action against Mr. J. Parker, the now occupant (not in his own name as plaintiff, but) in the name of Mr. Poynter, the mortgagee, to turn him out, without making any reasonable arrangement with him as an outgoing tenant, and without the necessity of giving him any legal notice to quit.

The mortgage deed being prior to the letting hj the mortgagor to the tenant, the latter, by law, was liable to quit without notice in regard to the mortgagee, although not so as to mortgagor, nor ur?der equitable circumstances. And, as in New Zealand, no Lease is valid unless by deed, a mere tenancy from year to year, created by occupation and by payment of rent, amounts to nothing unless the tenancy (and it is said to be the same if even for a single day or a week) is created by a deed in writing ! It therefore behoves all—

Istly. To inquire before they either occupy, or pay, or prepay their rent, whether the premises are mortgaged; and

2ndly. To be very cautious not to occupy or pay rent for even a day without a deed!

Verily it was well said lately by a learned Judge, that it 'required considerable acuteness in a person to understand even the language of the law, much more to penetrate its mysteries!

The Motueka Magistrates.—The case of the Q,ueen against Greenwood and others, ex parte Little, Ball, M'Cabe, and Jones, was heard at the Supreme Court on Tuesday last. The particulars in connexion with it will be remembered to have been a night frolic, for which the perpetrators were taken before a bench of Motueka magistrates, consisting of Major Gascoyne, Captain Wright, J. D. Greenwood, J. Greenwood, and C. Thorp, esquires; and after an examination of three honrs, W. F. Little, M.D., F. Ball, Ensign Franklyn, A. Gascoyne, W. H. Jones, and C. M'Cabe were committed to the Nelson gaol for fourteen days; Ball getting an additional seven days for refusing to answer questions. In this sentence the Judge of the Supreme Court has declared that the magistrates exceeded their jurisdiction, stamping the offence that had been committed by imprisonment instead of fine, the conviction being bad must be quashed, and costs go for the applicants; they had however committed outrageous acts. A question arose as to whether any actions for damages would be brought against the magistrates if they paid the costs ? Mr. Travers for the applicants said that, from the view that was taken of the case he should advise his alicnts not to do so. This has been contradicted however by a handbill issued by Dr. Little, which says that writs have been prepared for that purpose.

Lecture.—Mr. Haast's long promised lecture will be delivered at the Freemasons' Hall on Wednesday night, the 30th instant; the subject being entitled—" The Physical Geography and Geology of the Province of Nelson, especially of the West Coast district." The charge made for admission will be used towards the completion of the New Institute, a very necessary step that we hope will be fully assisted by the public on this occasion.

Nelson Gold-Fields.—We copy the following from the Government Gazette of January 4th :— Order in Council constituting a Warden's Court for the Gold Field, Province of Nelson. Whereas by an Act of the General Assembly of New Zealand, intituled the " Gold Fields Act, 1858," it is enacted that it shall be lawful for the Governor, by Order in Council, from titna to time, to constitute for any gold-field or for any part thereof, Wardens' Courts, for the administration of justice therein, and to appoint Wardens as Judges of such Courts, with power to act alone, or with Assessors or Juries, and in such manner and to exercise all or any of the powers (hereinafter mentioned as the Governor shall think fit to direct. Now, therefore, his Excellency the Governor in pursuance and exercise of the said power and authority, doth hereby, with the advice and consent of the Executive Council of New Zealand, order that Warden's Court shall he, and the same is hereby constituted and established for the gold-field in the Province of Nelson, constituted by a proclamation issued the fourth day of October, One thousand eight hundred and fifty-nine, and doth appoint James Mackay, the younger, Esquire, a Resident Magistrate, to be the Judge of such Court, with power to act alone, or with Assessor or Juries, and to exercise all the powers by the said Act, conferred on Wardens' Courts, subject nevertheless to such rules for regulating the procedure and practice therein, as shall from time to time be made by the Governor in Council in pursuance of the said Act.

Rifle Practice.—The members ot No. 1 Volunteer Company practised with their new arms on Tuesday and Wednesday last. Tne right subdivision, consisting of 35 men, including officers, took the initiative on the first day, and fired two rounds each, 70 shots in all, out of which 27 hits were made, counting 37 points; the bull's eye was hit once only, by J. Connal, and Lightfort made 4 points Martin and Knowles 3. The place chosen for practice is conveniently situated in the Maitai Valley, and known as the Old Hop Ground. Every precaution appears to have been taken against accidents, the target being placed near the base of a precipitous hill, ths hundred yard distance being thoroughly denned by an old trench that passes through the ground. On the second day the firing of the left subdivision of 33 men and officers was a slight improvement upon the first occasion. 96 shots were fired, and 42 hits made, counting 57 points. J. Uarley, hitting the bull's eye and getting two outers, made the most points, 5; Catley, Hooper, and Leach, 4 each; Alborough, Pearce, Johnson, and Hale, 3 each. The men were told off in squads of eight; and instructed by Sergeant-Major Alborough in loading, the right hand man stepping out to the distance and receiving further instructions as to the handling of the piece in firing, the result of the shot being signalled by Adjutant Lockett with colored flags, red and white for the bull's eye, blue for the centre, and white for outside the ring, counting respectively 3, 2, and 1. This somewhat, arduous duty was very efficiently performed, though, we think that a preferable and quicker plan of noting the hits and renovating the target could be adopted for the future. The target is six feet high and two wide, the distance at present being one hundred yards. The band was present on both occasions, and many spectators assembled ta witness the practice.