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Hawke's Bay Times, Volume 7, Issue 388, 25 June 1866, Page 1

The Patriotic Fund at Nelson : From the Nelson papers we learn that a public meeting, called by the Committee of the New Zealand Patriotic Fund, to enable the people of Nelson to hear a statement from hia Honor Mr Justice Johnston, concerning this truly patriotic movement, took place there on the 29th ult.—His Honor made a most eloquent speech of great length, embracing the origin, objects, and progress of the movement, and answering the objections which have been advanced against it.—At the close of his Honor’s speech, Sir Hunter Brown observed that he had met with certain objections, to the proposal to admit crippled survivors to the benefits of the fund. —Mr Justice Johnston explained that this was an addition to the original idea, but, he thought a well conceived addition. He looked at it in this light: could you, in effect, say to such a crippled and destitute applicant, “ No, indeed, had you died outright, we would gladly give to your widow, but you are alive! It is true you are maimed for life; destitute, may be; of little pecuniary help to your wife, but you have still got your life, such as it is; be thankful, and expect nothing 1” He thought not.— Sir David Monro moved a vote of thanks to the Judge, which was carried by acclamation, and the meeting broke up.

A Gloomy Prospect fob the Citizens of Canterbury. —To-day, says the Press of the 14th inst., expires the contract made by the City Council with the Gas Company for lighting the thoroughfares of the city. The moon is on the wane, so that citizens will be able to observe the commencement of the nights of darkness under the must favorable conditions. The days of dirt too, cannot be far off. The experiment is a hazardous one fur both citizens and Council.

MELBOURNE SUPREME COURT.— June 1. LINDSAY V. HOPKINS AND OTHERS. An action on a policy of insurance over the ship Lindsay. The Lindsay was chartered for a voyage from Newcastle, N.S.W., to New Zealand, with a cargo of sheep, and on this: voyage, which was covered by a policy of insurance, she met with such perils of the sea that she had to “jettison” some of her cargo to save the ship and cargo from wreck. Among the things “jettisoned” were a number of the cargo of sheep which had been “ loaded on the deck.” The ship paid its contribution towards “ general average ” on account of these “ jettisoned ” sheep, and her owners now sought to recover the contribution under their policy. The declaration alleged the existence among shipowners, sheepowners, and marine insurers, of a custom in/he trade of carrying sheep from Newcastle in New South Wales to New Zealand, allowing the exceptional practice that a reasonable proportion of the cargo of sheep might be “ loaded on deck.” Theplea did not traverse this custom, but as an answer to it set up a counter-custom, that in respect of “ deck loaded ” cargo, jettisoned in perils of the sea,,there was no liability to contribution of the ship towards “general average,” and, therefore, no liability of the underwriters to repay anything paid by the shipowner in his own wrong, on account of alleged general average in such cases. The jury found a verdict for the plaintiff; damages, J 2340 ; thus affirming the existence of the particular trade of the custom set up by the plaintiff, and negativing the existence of the custom set up by the defendants. —Argus, 2nd June. _