BY ELECTRIC TELEGRAPH

Evening Star, Issue 3680, 8 December 1874, Page 2

BY ELECTRIC TELEGRAPH

. Auckland, December 7. . intelligence from "Victoria states that there is every probability of a Victorian cricketing team coming here in a few months. There is a difficulty regarding terms. The Secretary of the Victorian team says it ‘will suit them equally well whether a large portion, of gate money or a guaranteed sum is offered. Wellington, December 7. In the case of Macandrew v. Dodson, Mr Justice Richmond, haying recapitulated the dctails of the case as elicited by the proceedings in the Court below, said that the judgment of the Court of Appeal sustained the more important of the objections made, and nonsuited the plaintiff and ordered a Verdict to be entered for the defendant, with costs. Mr Macassey, who had appeared for the plaintiff in the Supremo Court and the respondent in the Court of Appeal, applied for leave to carry the case to the Judicial Committee of the Privy Council.' The Court considered that'ais the •am bunt irtvolved'was under the built prescribed by t}ie Order in Council regulating those appeals; and as no vital ques ion of law was concerned, the leave sought should not be granted. In the case Otago and Southland Investment Company appellants, Burns respondent, Mr Justice Richmond also delivered the judgment of the Court. In this matter the decision of the Court of Appeal was substantially for the respondent, and in affirmation of his right to plead what he had pleaded as defendant in the Supreme Court. The Court of Appeal did not undertake to decide upon the doctrine of estoppel, but in this cise disposed of the difficulty by considering it, as between Resident Magistrates and Supreme Courts, as on a footing with the question of jurisdiction or no jurisdiction. Costs followed the decision. Air Janies Smith, for the appellants, asked for leave to appeal to the Privy Council. He submitted that, although theamount immediately‘iuv/olvod vvas under LSOO (ns required to be in issue to give a right to appeal to the highest Appellate Court for the Colonies), yet that the amount necessarily affected by the judgments, was far larger ; and besides, an important doctrine of law was involved. Some doubts existed in the minds of Judges as to their power to send the case on to the Judicial Committee of the Privy Council; but on Mr Smith assuring the Court that he had the authority of iVIv Cook, who was counsel for respondent, that no objection* would be made, leave was given, at the appellant’s peril of being turned out of the Privy Council, on the ground of the smallness of the amount involved. December 8. The Jockey Club paid over last night about LI,OOO to the following persons, principal prize takers at the last meeting Mr Watts, L 295 9s ; Air O’Brien, L 213 3s ; Mr Walker, LIU ; Air I’ancred, L7l ss. The remainder were small sums under LSO. [Sent 10.45 a.in. ; received 12.50 p.m.,| . ,^ KW PWHQUIH, Pfcopiber 8. All the immigrants who arrived here lately me being taken np at fair average wages ’ [Sent 10.10 a.m, ; received 12.10 p.ni.j {From our own Correspondent.) mu n j m , Auckland, December 7. ihe Good Templars have initiated a system of practiea! benevolence by presenting two milch cows to the Neglected Children’s Home. The uresentation was attended with considerable ceiemony, n 1 / ~ ar ’ t : o ' n Lhf raises the question wheuier Air \ ogel is now a member of the Cabinet, and points out that Ministers pass out of office with a retiring Governor, and it is necessary for the new Governor to appoint his own Ministry. It shows that this is done invariably, and that the appointment of the present Ministry by Sir James lergusson appears in the ‘ Gazette ’ of

unc 14. 1873, ami contends that until Mr Vogel is appointed by the Marquis of Normanhy and s\vorn in he is not a member of the Cabinet. His absence prevents his doing this. The same journal says “ a happy illustration of the now familiar subject, the lapse of the Immigration Office at Home, has just been placed at our disposal. A young girl sent out to join her friends in Dunedin is at present on her way to Auckland in on’e of the immigrant vessels at sea; We have seen a letter relative to the voyage, and from it we observe that her friends at Home were assured in Dr Feath'erston’s office that this was the best route, and that for the sum of thirty shillings sl'e would get by rail from Auckland to Dunedin. We often wonder at the absurd blunders made of Colonial geography by residents at Home, hut this is not a blunder, for snrelv it is impossible that the employes in the Agent-General’s office could be so ignorant of the distance between the two remotest capitals m New Zealand. It was clearly an act of laiswz fairs— the Auckland ship being a likely one to be soonest sailing and requiring a complement of passengers. By the fire at Eden Terrace Mr Lupton, in addition to losing his furniture, lost all his savings, amounting to L7O, of which LG7 was in notes. He had stored it in oue part of the house.