Colonial.

Lyttelton Times, Volume VIII, Issue 520, 28 October 1857, Page 3

Colonial.

NEW SOUTH WALES,

The Dart brings on the mail''of the Mary Thomson from Sydney, with dates to the 7th of October. We find very little of interest either in commercial or political matters. The English mail of August was due the day after the Mary Thomson left; in the expectation of its arrival, and during the recess of Parliament, the Sydney journals seem to have been hard put to "it for subjects of interest. Mr. Cowper, the new premier, was re-elected for the city of Sydney without opposition on the 22nd ult.; and the other members of the Ministry were equally successful. _ A most remarkable trial in an action for ejectment has lately taken place at Sydney. The 'Goulbourn Chronicle,' of Oct. 3, gives the following short outline of it:— A Romance of Sydney Property.—The great Newtown ejectment case was founded on circumstances that we believe are not altogether unique with respect to Sydney property, and it is highly probable that the gentlemen of the long robe will be soon engaged in an action somewhat similar, although theSssue will not affect so valuable a property as that involved in the late decision of the Supreme Court. Many years ago, a certain person in humble circumstances of life was transported to this country, and arriving ; in those goocLold times when Bumbenycurron-was almost beyond the limits of location, and land was to be had for nearly nothing, it is not to be wondered at that he became possessed of many of the nice plots which now form the great city of Sydney. Some of this land was situated in what is now known as George-street, other of it in the now Liverpool-street, while the rest was in what have since proved to be not less fortunate spots. During the lifetime of this happy man, and fortunate prisoner, he gave permission by word of mouth to some of his less wealthy companions in exile to make use of the land so long as he lived, and on some of the portions small buildings were constructed by them. They and their generation have passed away, and about sixteen or seventeen years ago the old man died. But before he paid his debt to nature he made his will, and in it bequeathed the whole of his real estatu to a nephew in England, and deposited it with the title deeds of the land in a secure place. As nothing was heard of the nephew for a number of years, it was deemed by many who cast a longing eye on the property that he would never be forthcoming, and on this assumption possession was taken of the old man's property in George street, near Bathurst-street, and on ' the Rocks.' In Liverpool-street a fine house and out-premi-ses were erected and uninterruptedly enjoyed for a number of years by one of the millionaires of the metropolis ; buildings of different dimensions and value were raised on -$heir allotments, and what in the original possessor's time was of so little value, that he gave occupation of it for nothing, is now worth some! twenty or thirty thousand pounds! A short time since the "uninterrupted possession" was disturbed by a tbuntryfied " new chum " walking into the back part of the house in Liverpool-^street, and surveying the result of labour and ( wealth. He had not been there many minutes before he was accosted by one of the servants, who asked him what he was doing there ; he said that he had come for the purpose of looking at his property. Thft man believing the intruder to be either a rogue or a maniac threatened that if he did not make himself scarce lie would give him in charge to a constable. The master of the house hearing the altercation came into the yard and enquired what the matter was. On being told he " pooh-poohed " the whole affair, told the man he had better be off, as it was apparent that he had come there to rob the place. The stranger, who had maintained a firm and i*esolute air the whole time, said that it would be easy for the master to see whether there was any imposition or not • and putting his hand into" his coat pocket drew out a large packet of papers. The first glance at them told their tale. The gentleman %vho had built his house upon the sand and knew it, felt that he was in a difficulty. Ho invited the stranger into the parlour, and handing him a chair, asked permission to see the' papers, on the authority of which the claim u]Son ihe property was made. Those were opeueS-arffl rbad. The :.« . btv.-'.\-: •

gentleman could say nothing against the claim, ,but_ intimated .that he would keep possession until the law compelled him to relinquish it. The stranger was afterwards • politely howed out, and no doubt went on his way rejoicing. Thus the case stands at the present time. The trial commenced on the 17th August and concluded on the 19th September. It was an action of ejectment to recover a property situated at Newtown,the present being a new trial, granted on appeal to the Privy Council.

The plaintiff claimed as heir-at-law of one Nicholas Devine, who died without issue, and who in his lifetime was possessed of 210 acres of land situated at Newtown, but of which estate only 120 acres were the subject of the present action. The whole estate, which forms part of the hamlet of Newtown, near Sydney, was estimated in some interlocutory proceedings at different values, ranging from £100,000 to £400,000. The defendants were thirty in number, and included many old colonists well known in the community. Each of the parties set up in the first instance a prima facie case. The plaintiff relied upon possession in his ancestor, Nicholas Devine, and heirship in himself. The defendants' prima fade case was to show title out of Nicholas Devine during his lifetime, by deeds of lease and re lease to one llochford.

The trial of this cause occupied thirty-four days. Mr. Plunkett's opening address and striking a jury took the first day; the following twenty-eight days were occupied in taking evidence and arguing the points of law which arose; the twenty-ninth day was occupied by Mr. Darvall's address to the jury; the thirtieth and thirty-first, by Mr. Plunkett's reply; the thirty second, thirty-third, and thirty-fourth, by the summing-up, and deliberation of the jury. After about five hours and a half deliberation the jury brought in a verdict for the defendants,