WELLINGTON.

Lyttelton Times, Volume X, Issue 622, 23 October 1858, Page 5

WELLINGTON.

The following paragraphs are of interest. SuPBBME CoUttT.—On the 23rd of September, in the case of Wakefield v. Isaac Earl Featherston, Superintendent, Mr. King on "the part of the plaintiff moved for an injunction to restrain the defendant from paying any money on account of public works or otherwise, on the grounds stated in the plaintiff's affidavit, viz., that no Appropriation Act had been passed by the Provincial Council of Wellington for the year 1858, although the Council had been sitting from March until September 1858 ; and that the defendant nevertheless had lately paid a sum of £28 11s. for stationery furnished for the use of Government since last July.

The Court, without hearing Mr. Brandon, who appeared for the defendant, pronounced judgment to the following effect: This application is wholly untenable. The Executive Government Act of the Province vests in the Superintendent, with the advice of his Executive Council, the entire administration of the affairs of the Province. It might have imposed restrictions if it had thought tit |to do so, but it has not. It is not alleged that the defendant has applied any portion of the public money to his own use, or that he has been guilty of a fraud. The sole ground upon which I am asked to stop the whole machinery of the Government is, that an Appropriation Act has riot yet passed. If I were to grant this application the principle of the decision would oblige the Court, if an Appropriation Act had not been passed by the General Assembly, to stop the whole machinery of the Colonial Government. lam not prepared to make an order that might lead to results so disastrous. It appears to me that the plaintiff has mistaken his course. In England the remedy would be in a case as nearly as possible analogous, not in the Courts at Westminster, but by impeachment. Here too, I apprehend, the remedy is to be looked for from the Provincial Legislature. If the defendant be spending money without authority, he and hi* Executive Council may be made responsible for it hei*eafter. He is acting at his own peril. The case cited comes under the ordinary exercise of jurisdiction by this Court in case of breach of trust, and has no application to this case, for which indeed it could not be expected that a direct authority could be found. I carefully abstain from saying that in no case would this Court interfere by injunction against a Superintendent who was misapplying public money: I merely say that in this case I see no grounds for granting an injunction which would cause such monstrous inconvenience to the public. I must therefore refuse the application with costs. Motion, refused with costs. — Spectator, Sept. 25. , FLOOD AT THE HtJTT. The heavy rain of Friday night last caused the river to rise in att unusually sudden manner, and a severe flood was the consequence, causing a serious destruction of property, especially in the neighborhood of the Hutt bridge, where the water rose several inches higher than in the great flood of January, although in the Upper Valley it did not reach the former level by seven inches; in the Waiwetu it was also considerably lower, and about the third river was scarcely perceived at all. The damage, too— while serious in individual instances—has been comparatively limited in its extent; above all, we record with thankfulness that there has been no loss of human life. The bridge at the Silver Stream was removed, as also was that at the creek near Mr. Cud by's, but the greatest damage has been to the Hntt bridge itself, nearly one half of which, including one of the main piers, has been entirely swept away, the main timbers or " stringers" having broken across near the centre pier. From enquiries made on the spot, it appears probable that these timbers were cracked in January, as loud and distinct sounds were then heard, leading persons to expect that the daylight would show that the bridge was gone. It, however, appeared nearly uninjured, the water having cub a chan- j nel for itself at the end of the bridge nearest to j the Aglionby Arms, which opening was temporarily bridged over, and works were in pro • gress by which it would have been permanently secured, but all is now swept away together. j One ofthe heaviest sufferers (comparatively) is j Mr. Piowse, whose garden—previously in beautiful order—has been so entirely destroyed that nothing remains even to mark its site— all is a waste of sand and deep holes filled with water. A fence of Mr. Fitzlierbert's, of about a quarter of a mile in length, which had been constructed with great care and expense, and only finished the previous day, was almost entirely destroyed, the posts having been literally washed out of the earth. Another settler lost a valuable horse, and a few other animals perished, but generally speaking the damage has been slight, and it is hoped that the crops will not be seriously injured. It is gratifying to be able to add, that the breastworks now in progress with the view of preventing similar calamities, have sustained but very slight damage, although they bear unmistakeable marks of the enormous pressure to which they have been subjected.— Independent, Sept. 29.