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Wellington Independent, Volume XXVIII, Issue 3838, 23 June 1873, Page 2

It would be unreasonable to suppose that the miles of water pipes which will have been laiddown in this city shortly will show no flaw or leakage after water is turned on ; but as it is probable that any leaks which maybe discovered or any bursts which may occur, will mostly happen in the public thoroughfares, the damage therefrom will be to the property of the Corporation, and is not likely to lead to litigation. This, however, may not always be the cisc ; private property will sometimea sustain accidents from the bursting of water pipes, and it will therefore be of interest to our readers to learn how a case of this kind was recently dealt with nt Dunedin. A Mr Reid sued the Dunedin Waterworks Company for £iOO for damage done to his garden in the loss of seed and the washing away of a quantity of earth through the bursting of one of the Company's mains. After a careful examination of the case, in which the most recent authorities were referred to, the magistrate decided that aa the company were " authorised," though not "required," by the Parliament of the colony to construct certain waterworks, they did so at thpir own peril, and were therefore liable for the escape of water which, but for their impounding, would not have caused any damage, unless from the act of God, and that had not been shown to be the ease. Although he viewed the case in four different lights, he took one view which obviated all necessity for stating more than one reason for giving judgment for plaintiff; for he held that the bursting of the pipe was prima facie evidence of negligence. This evidently put all the other reasons on one side as unworthy of notice. He thought that whether damage resulted from bad or insufficient pipes, or from the careless closing or opening of the valves by the company's servants, they must be held liable, as they offered no evidence as to the way in which the water was managed. In giving his verdict, his Worship said — ■ I do not think the plaintiff is entitled to heavy damages, but I think he is entitled to damages for the actual injury sustained. The value of the seed has been variously estimated at 12s, 14s, 16s, and 245, the pound. I think for the large quantity lost only a reasonable wholesale price should be allowed — 13b the pound appears to me to be such a price. The value of the soil removed has been estimated by one witness at £10, by two at £20, by two at £30, and by the plaintiff at £50, exclusive of the cartage. It appears to me that £25 would be a fair amount to allow for the damage to the land. Judgment will, therefore, be for the plaintiff— for the asparagus seed, £41 12s ; damage to land, £25 ; in all, £66 12s, with costs.

As his Excellency has expressed his willingness to receive a deputation from the Reception Committee this morning at eleven, in order to fix the day for the ball to be given in honor of his Excellency and Lady Fergusson, the public will not remain much longer in ignorance of the date. Work for the Patent Slip seems to be becoming more plentiful. From taking up one vessel at a time, as hitherto, on Saturday pressure .of business was met by taking up two at once. These were the hulk India and the steamer Go-Ahead. Both represent an aggregate weight of over 1000 tons, yet they were taken up with the same ease apparently as a 500 ton vessel would be.

Two smart shocks of earthquake were felt at Wanganui on the evening of the 19th inst.

A very handsome prize is on view just now at the shop of Mr Denton. The prize is in the form of a silver teapot, and has been presented to Captain Taylor of the Porirua Volunteers. A fine powerful looking lot of men were landed here on Saturday from the Paterson. They come from the Thames, and are to work on the Hutt line for Messrs Brogden. . The passengers by the Jubilee took possession of their new lodgings at the Immigration Depot on, Saturday. Men and women alike are clean and healthy looking, and altogether it may safely be said that a more promising looking lot is seldom landed anywhere. A remarkably fine sample of late new potatoes from the Hutt have been on sale ,in the town for the last week or so. They were planted in March last, and are of the variety called " Ashworth." They are unusually large, and good potatoes. " Rip Van Winkle" was produced very creditably on Saturday. The production is well worthy of observation. It is to be repeated this evening — so we shall have another opportunity of giving our opinion as to its rendering. There will be a "crush" it appears on Tuesday evening, when the Governor and the elite of the city will appear. We are under the impression that the conditions under which immigrants may be nominated are not so fully known as they should be. Free passages will be given to girls of more than twelve years of age accompanying their parents, and to single women between the ages of sixteen and thirty-five. Males between twelve and fifty can obtain passages by the payment of £4, and those under twelve years by the payment of £2. These amounts may be paid at any money-order office in the colony by the person nominating, and if the nominee refuse to embark, the money will be refunded. If preferred, bills payable thirty days after arrival of nominee, will be taken, in which case the amount will be increased BO per cent. These terms put it in the power of any desirous of having their friends joining them to nominate them.

There appears to be a demand for' lodgings at the Police Station on Saturday nights lately. Seven drunken ones, whose lodging on that night was likely to be the open street, were locked up, and will interview his Worship this morning. Of the five sailors who took French leave from the George A. Holt, three have now been captured. One has been brought up already and the other two will have an opportunity of explaining their conduct this morning. It would appear that from the discoid which has prevailed between the officers and crew of the George A. Holt that the men are either an unreason^ ably discontented lot, or that they have some substantial grievance. So far as might be gathered from any public proceedings in which any of the crew and oifficers of that ship were concerned, the captain appears to have incurred no odium, though it appeared as if he scarcely made his will as potent on board his own ship as that of a captain is generally supposed to be. It should, however, be said, in justice to those in command of the vessel, that when the lieutenant of the Rosario went on board, having heard what the discontented members of the crew had to say, advised them to return to their work, and did not take any of them away from their vessel.

The " Nelson Examiner" says : — At length there is some clue to the fate of Mr Schafer, who disappeared bo mysteriously from the neighborhood of Collingwood a few weeks ago, and of whom no trace could be found, although it was believed he had been drowned. On Wednesday last, Mr David Allen, jun., walking along the beach near Collingwood, observed something dark lying on the sand, and on picking it up found it to be the waistcoat of Mr Schafer and his gold watch. Strange to say, the waistcoat was buttoned all bufc the lower button.

During a sitting of the Resident Magistrate's Court at' Wanganui lately, the noise made by the bricklayers became so unbearable that the resident magistrate had to issue orders for the workmen to desist or to devote their time to some other part of the work, which was obeyed ; but a short time after a message was brought that if the work had to be suspended, the resident magistrate would have to pay the cost of the loss of time.

George Driver, who was executed on the 14th March, for the murder of his wife, at Chicago, just before he was turned off made a remarkable speech.* He seized the noose dramatically, and, shaking it before the crowd, said, " Just remember that rope if you go into a saloon and get tight. See what liquor will bring you to, as well as it has brought me to. Remember that now, and look out for yourselves."

A Munich paper has the following amusing satire on the position of promoters, directors, and shareholders of limited liability companies : — Jack — " I say, Jim, let's form a limited company for the acquisition and utilisation of a cigar. Half the capital is subscribed already — here's a penny!" Jim — "All right, Jack. The remainder of the shares are taken vp — there's my penny." Jack buys the cigar, and puffs away at it. Jim — "Now then, Jack, let me have my pull at it 1 ?" Jack — "Don't you be in a hurry for that. Didn't I propose the speculation, my lad ? I'm the projector and director. I manage and work the concern. I smoke. You are the shareholder ; if you think I get too much of a pull out of it, do the spitting and coughing if you like — I don't mind."

After the trial of a recent ejectment case at Wanganui, the "Chronicle" says : — "There was great excitement among the litigants, commencing with words which resulted in blows. We understand six informations arising therefrom have been laid, and will be heard before the resident magistrate to-day." Our rival port seems to be a lively place. In another case a member of the bar was called to order for inadvertently using language unfitted for a court of law.

"The wonders of telegraphy," remarks " Anglo- Australian" in the "European Mail," "will never cease. The time is at hand when the telegraphic girdle round the globe will be completed by the union of the western shores of the American continent with the continent of Asia. Following up the recent action of Congress in favor of Mr Cyrus Field's great project, I hear that the American Government will despatch, during the ensuing summer, two vessels of war to the Pacific to make the necessary soundings. It is well known that the Russian Government, especially as represented by the Grand Duke Constantino and Prince Gortschakoff, regard with great approval the proposal to connect their possessions on the Amoor with the United States. When the undertaking is carried put, it will also bring China, Japan, India, and Australia into direct communication with the American telegraphic »ystem.''

Mr Mervyn, M.H.R., at one of his recent Provincial Council election meetings, is reported to have said : " I was an opponent of Mr Vogel's Government, but I now support it." In the Canterbury Provincial Council £20p0)have been voted for the purpose of having a thorough' survey and engineering report as to the practicability of a jetty being constructed at Timaru. A gentleman recently arrived from London, in giving his experience »f a New York boarding house, said it was " most 'straordinary ; but, by Jove ! it seemad to be hash Wednesday every day in the week."

The "Waikato Times" says that the large influx of American newspapers upon the establishment of the San Francisco mail service has completely destroyed the respectability of the Auckland press. The sensational fever seems to have seized editors, reporters, and correspondents ; even the compositors have caught the complaint.

The ' ' Ararat Advertiser" tells an amusing story of a mistake made by a Government vaccinator : -He was holding the instrument upon which was the vaccine, and finding that his nose was irritated from some cause, in a fit of absentmindedness he used it therewith to scratch the organ. The result was that in the due course of time the nose delivered itself of a fine healthy pustule, which was of unusual size and promise. This, of course, rendered a bandage necessary, but the utmost exercise of ingenuity could not well devise how it was to be properly affixed. The doctor went about some days with a rather cleverly adapted kind of cover, and his friends said he carried his nose in a sling.

, On Tuesday afternoon a severe accident happened to a man named John Porter employed at the Mandeville Flax Works, Woodend. His right arm was drawn into the scutcher, and much crushed from the hand to the elbow. He was forthwith taken to the Hospital at (jhristchurch, and on the way the injured arm was bound up by Mr Pinching of Kaiapoi. On arrival at the hospital amputation above the elbow was found to be necessary, and the operation was performed by Dr Turnbull. From enquiries made last night, the patient was doing well.

The writer of " Passing Notes" in the " Otago Witness" ia the perpetrator of the following : — I do think that the Government advertisement offering a bonus of 5a per cwt. on cured fish was an undue interference with the free and independent electors and their choice. To suppose that Fish could be cured is an idea worthy of the General Government ; but to stipulate that he should not be relanded in the colony was down right abusive. Of course cuttle fish and talking fish alike are liable to be used up at a. profit, and, so far, the Government showed its freedom from party bias. Still this sort of cruel joke during the election week is uncalled for, and I hope some member will ask a question in. the House about ifc. More useless questions have often been asked in our Parliament. And this, you know, is a constitutional question, and one that ought to be decided at the present crisis. Has the Government the right to throw ridicule upon candidates, and use its machinery and influence against too aspiring fishes 1