SUPREME COURT.

Nelson Evening Mail, Volume III, Issue 75, 30 March 1868, Page 2

SUPREME COURT.

I Friday, March 27. SITTINGS IN BANCO. (Before his Honor Mr Justice Richmond.) Green v. Barnicoat and others. — This was an action in relation to transactions in connection with the estate of Mr. Charles Elliott, to recover the sum of £1,840 15s. _d.from the defendants, who had been trustees of that estate. It appeared that in September, 1864, Messrs. Elliott aod Green had entered iuto an agreement iu reference to the sale and purchase of certain runs and stock. Mr. Elliott afterwards became insolvent, and the defendants, as trustees of the estate, called upon the plaintiff to fulfil his part in the agreement. Mr. Pitt appeared for the plaintiff; Mr Kingdom for the defendants. The plaintiff, in his declaration, alleged that he had already fulfilled his part in the agreement, and had moreover paid moneys at the request of the defendants, which he now sought to recover. The defendants demurred to the declaration on the ground that before the plaintiff could sue the trustees, he must first have proved his debt on the estate, which Lad not been done. Tin's raised the question in dispute between the parties, as to whether the plaintiff was or was not a creditor for the amount of his claim. I After considerable argument, the Court took time to consider before deliveries: judgment, his Honor slating that although the case perhaps presented no great difficulties, it nevertheless involved interests of importance to the parties concerned.

The announcement by his Honor the Superintendent, convening a public meeting this evening at the Provincial Hall, for the purpose of expressing the feelings of this province, in reference to tbe late atrocious attempt ou the life of IT.R.H. the Duke of Edinburgh, has been received with feelings of intense gratification by every loyal member of the community, and none of our citizens will, we are confident, voluntarily absent themselves on so interesting and memorable an occasion. It is, we understand, to be proposed that three addresses shall be prepared and presented, two, of sympathy and congratulation, to her Most Gracious Majesty and to the Prince, and a third of sympathy to the j people of S3>*dney. Among the speakers on ' the occasion will be his Honor Mr Justice I

Richmond, the Hon. Sir David Monro, the Right Rev. Bishop Suter, the Rev. Father Garin, and others. At Wellington the Oddfellows' Hall was found insufficient to contain half the numbers which assembled on Monday last for a similar purpose ; the citizens of Nelson will hardly show themselves less e»ger thau the inhabitants of the Capital city to evince their loyalty to the Throne, their love aud sympathy for the august personages themselves who are so deeply interested iu this disastrous eveut, and their indignation at the base aud cowardly act which we have to deplore. !" Notice was jnveii by the Right Rev. Bishop Suter, at the evening service at Christ Church yesterday, that a special service iti thanksgiving for the preservation of H.R.H. the Duke of Edinburgh, ! would be held throughout the diocese next Sunday. Special prayers with reference to the subject were also offered at Christ Church during the morning service. At Vespers at St. Mary's, the Rev. Father Garin, after enforcing upon his congregation the necessity of calmness and temperance under the present excitement, aud of obedience to the com mauds of the Church, which had already denounced Feniauism so distinctly, stated that Bishop Viard would probably order thanksgivings to be offered here as at Hokitika, in reference to this event. M. and Madame Simousen give their third subscription concert this evening at the Oddfellows' Hall. The programme is a more than usually attractive one, containing a variety of novelties, and amongst them selections by Madame SimoDsen from the • Lucia,' ' Faust,' and though last not least, the whole of the fifth act of Meyerbeer's great posthumous opera, 'L'Africaine,' including the celebrated scene in which the il'fated Selika, having resigned her lover Vasco de Gama, voluntarily seeks death under the poisonous shadow of the upas tree. Several new solos by M. Simonsen also figure in the programme, and we expect to see a crowded house. The concert will not commence uutil the conclusion ofthe public meeting at the Provincial Hall. A cricket match of a very novel character — between the draymen and cabmen of Nelson — is announced to take place in Victory-square on Wednesday next, and will doubtless attract a large number of spectators. The Obituary for January contains the following names: — Lord Bridport; Lord Ventry; Baron Marochetti, the celebrated sculptor; Hon, Daniel Finch, brother of the late Eari of Aylesford; Hon. Victor A. Yorke, third sou cf the Earl of Hai dwicke. and brother of the Hen. Eliot Yorke, in waiting on the Duke of Edinburgh ; Hon. Mj*s. E. O'Brieu, daughter of Lord Heytesbury; the Right Hon. Sir Edmund Head, Bart., formerly GovernorGeneral of Canada, and a very accomplished scholar; Sir H. W. Des Vceux, Bart.; Sir John Chandos Reade, Bart.; Sir Charles Hayes Miller, Bart.; General Sir T. W. Brotherton, G.C.8.; Dr Macbride, Principal of Magdalen Hall, Oxford, and Professor of Arabic in that University; Dr John Davy, au eminent chemist and physiologist, and surviving brother of Sir Humphrey Davy; the Rev Prebendary Blaud, a fellow of several scientific societies, and author of 'Bland's Equations;' Archdeacon Tattam, one of her Majesty's chaplains; Mr Charles ICean, the popular 'legitimate' tragedian; and Alfred Day, the once well-known jockey. The New Zealand Gazette of "Wednesday last publishe 6the prison Regulations for Hokitika Gaol, and also notifies that : the Hon. W. Spence Peter, of Ashburton, Canterbury, has been summoned to the Legislative Council ; that the resignation by Dr S. A. Cusack of his appointment as Medical Assessor in the pro-

vince of Nelson has been accepted by the Governor; and that the services of the Ist Westland Rifle Volunteers have been accepted. The Gazette also notifies the appointments of James Mackay, jun., Esq., J.P., as one of the two Resident Magistrates for the district of Hauraki ; of H. R. Richmond, Esq., J. P., as Resident Magistrate of New Plymouth ; and also of Lieut?. Col^ Whitmore as Commandant, aud of Lieut. Cols. Moule and M'Donnell, Majors St. John, Frazer, and Von Tempsky, and Captaiu Hunter, as Inspectors of the Armed Constabulary. We understand that the Fenian prisoners arrested at Hokitika, are expected here by the Phoebe. Judgment was given ou Saturday last, in the case of Reuben Waite v. Norton & Co., — which has occupied the attention of the Resident Magistrate's Court od i so many occasions, — for the plaintiff for the sum claimed, £100, with costs, which we hear will probably amount to £50, payable in a month. It is rumored that proceedings in a higher court are likely to arise out of this case. His Excellency the Governor, with Lady Bowen and suite, left Wellington for Auckland on the 22ud inst., by the Wellington dteamer. The New Zealand Gazette of Wednesday last notifies the appointment by his Excellency the Governor, of Francis Wemyss Irvine, M.D., as Medical Assessor in the province of Nelson, under the provisions of the Medical Practitioner's' Act, 1867, in the room of Dr Cusack. A cricket match took place between the Nelson College Eleven aud the Baud of Hope Ciub, on Saturday afternoon, at the Botanical Gardens, in which the latter were victorious. The wickets were pitched at half-past 1, and the Collegians haviug won the toss, sent in their opponents, who scored 64 in their first innings to 34 made by the College. Ia their second innings they were still more successful, making a score of 118, to the 40 scored by the other team, who were evidently overweighted, tow or three of their best players being unavoidably absent, and one of iheir leading bowlers evidently suffering from the effects of an accident. The weather during the day was exceedingly windy, and anything but favorable to the sport. Mr Webb, the well-known trainer, arrived on Friday night by the Taranaki, from Christchurch, having iu charge three racers, who will figure at our approaching meeting : — Nightingale, the property of Mr. M. Studhoime ; Presto, that of Mr Delaraain ; and his own mare, Miss Xing, | which wonthe Dunedin Cup last Satur- ! day week. A Sydney telegram in the Melbourne Argus of the IGth says that the Bishop of Grafton had been drowned on the previous day, with his second son and a servant, through the upseting of a boat which they were sailing. The appointment ot 1 Joseph Giles, Esq., to the ofiice of Sheriff for the district of Westland north is notified in the General Government Gazette of the 16th iust.