RAILWAY COMPENSATION.

Nelson Evening Mail, Volume VIII, Issue 159, 3 July 1873, Page 2

RAILWAY COMPENSATION.

y White v. Brunher.-rr-AppeWani olairaed the sum of £327 10s, whereas Mr Brunner offered £120 15s. After, hearing lengthy arguments on both sides, the Assessors adjourned until 2 p.m., when they gave 1 , their award as follows:-^' 7 7 ' I With regard tp the- question bf damage by reason of the embankment damming back the water upon" the land in times of flood, we think there is not sufficienteyidenco to prove any such'* injury will*^^ certainly accrue. There is no necessity, therefore,; for us to decide' the legal* question as tpj our competency to take such damages into consideration, as even, if we could do so, we should be compelled -to find that there; .is not evidence to support claim.. We think the proper, remedy would be by; action on the case when the damage; enforcing the pro-. : visions of the Railway Clauses Consolidated Act, 1845, which is incorporated with! our Colonial Act except a few clauses. j As regards the claim of £5 for con-: structing a culvert, we think this ought: to be allowed; all the Tother "items' *m"ayj be fairly considered under the general head of damage by severance. We allow; £80 as the value of four acres taken, £5 j for the culvert, and £50 for .general.; damage by severance, making' a total of; £135. . j By the 3"4th section of the Immigration ' and Public Works Act Amendment Act, ; 1871, the appellant .having recovered, or \ been awarded less by one-sixth of thei amount claimecl, is compelled to pay all the costs of this enquiry. The amount al- , lowed the Crown "for costs is £5 ss. professional fee, and there is a further sum of £6 6s witnesses^oxpenses* to, be pairLby the appellant, as well as the costs of court ;and assessors' fees. ., Judgment for. £135, appellant to pay* costs.' [We shall to-morrow g*ive the . evidence in full in this impbrtantcase.] • i

In Otago, for last yeaii, £26,000 was expended in education at public schools, the Council contributing -£15,000. The late flood did considerable damage at the Matakitaki. Nearly a foot of sand "• has been deposited on some of the best grass in the district. * ; *_ pp> j '•; ■.; 7TAT Cheap priceß for meat are ruling at the Lyell. Prices * quoted • for. beef ranging from 3_|d to 6d. Hotel and restaurant keepers getting their supplies at 5d all round. An Auckland paper states tbati.Ruru, who attacked, Mr Mackay, r is said to be marching about by hiitfse'lf, "hanging his clothes on trees' arid preaching to them, a regular lunatic. , „,, ; or " Rollicking Rams".have been making themsejvesyobnoxious at Qlyde .by • dfam** ming up the town water-race, thereby flooding the town, and 'by : .otherypisQ ,dis-i playing their folly. The Wellington Independent^ayki— A fine powerful looking lot of men „ were landed hereon On Saturday froin the Pater-^ son. They come from, the Thames, and are tb work on the Hutt line for Messrs Brogden. • . ..... l{ *j The Greymouth Star says prospects at the Orwell Creek are improving, and, -that 4 in about two months fourteen claims will be in full work there. Storekeepers 1 itoh'dbutchers are shifting ii-om Hill to the new Tbpßy township. * ' A a Raid, has , beep ..^ds aowPg, ?$\ e Greymouth tradespeople for unlicensed storage of / kerosine'-.! The7 informational were dismissed fr ( bm non-observance of legal formalities ih' teiMbg the' contents of jthe packages.;,- : •i-.i;:!,-#.r.'.ti-r-/=j i t/-. A Mr. Haddock,. is, a. candidate for election as a member for Port Chalmers. Hiß ' first meeting'* was a ; most disorderly! one, and was brought to a close by the r gaif being turned buti When' eVe'rybne rna"de a rush for the, door.. ..... -.-.,,\. •■,.-/-._ 7Air;; Instructions have been sent to Col lectors of Cukbms 'th'rbughout the Colony to pj-eyent^the exportation cci^stwis^ , except as dutiable goods, of the small pieces" of ironpunche'd ouMbf boire*r plates-^ the authorities having- rea^on^to -suppose that disaffected Natives are collecting them to serve in lieu of bullets for rifleß. jA The Waikato Times saysthat the large, influx of ; American newspapers 4-upou -jthe establishment '-of the San Franbileo'mail service has*. completely the respectability of the_ Auckland, press.^. „ The sensatibual •> feyeij' |eeml J'4 '-. f&y.O >f |gl?^ editors, reporters, and .. correspondents j even the compositors have caught tne complaint. "' '-' * At the dinner thTat^ followed Jthe cere-i ! mbnyof burning the first^socT of the Bruhner Railway, Disti*ict;-Judge Harvey said that "there was no doubt T the .railway would pay, becaus'e if 1 a'faifway 'Vrbre made through thefPesertTqf: -Sahara, L -^r,.)*t_o^i*fl-*---buctoo, it would pay eventually." The Lyell Argus reports [that three men recentlyTcrossed' the Bullbr river in a sluice-bbx with 1 a piecb bf , -6aVic6' f ßimply | nailed, acirbss the end. They were driven" , to^^dliißgerous expedient , by a person [ y^-^^^ihey. owed mopey having ;."^_^^^^^Kcahbe as'' security* for .the -: TliEDanedin , and/Port Chalmers, Rail-,, way is partially unfenoed, and according 1

to a correspondent of the local papers, these were some of the consequences :--|f " On walking down .the line, the other day) I was shocked at tte mahy -figns^off recent^ earn age — sleepers llained bloq'd. h Her§ f was a dog's tail ij there a hen's head ; and further on the entrails of a fine goose, whose pure white, but blood-spattered . feathers wereuscattered^about." , : , 1 \ $IT u*; |\ * ,- y-it— . T,WACCINi*rfQN f-EXTJBAORDINARTi — The Ararat Advertiser tells an amusing story of a mistake made by a Government vaccinator" :— He" was -holding the instrument upon which was the vaccine, and finding , that was irritated from some cause, in a fit of absent-mindedness he used it wherewith to scratch the organ. The result was that in the. due course of time the nose delivered itself bf a fine healthy pustule, 7 W.hichT. Was of unusual size and promised J Thisj of "'course, rendered a • bandage necessary, .but the utmost exercise n 'of ingenuity could not weU7 devise how.it was to be properly affixed. The doctor went abbut some days with a rather cleverly ' . adapted kind of cover, and his friends said ,he carried his nose in a sling. ,•--■_. r . * * A Hint to -lUKERS.^The Greymouth .Starjjoi a ; i v ecentf date has the following, and the Resident Magistrate's judgment, may contain a hint to -the bakers here, as' to /tfier_^ : ;*,belng'* : " :f an : '"Act regulating their trade in Our Contemporary; says:-:-,!-! giy.ing judgement in one of 'the civil cases, brought j by, Mr Jones, the , baker; the Magistrate told the plaintiff, that ho would nousuit birii in' any future caae, if he_ found -out that the bill for: bread supplied* was'made out for so many loaVe's, instead of so. many pounds weight of bread. The hint may be useful to j other bakers besides Mr Jones. - ! ' DEGRAYtfS'vilVl''' Mullen^ — -Our Australian telegrams have recently contained such : I frequent references to this action, the ifolldwingj' taken- from the '•'Durieim''Mor'n- ; ing Star j will ,probably interest many of j our readers :~A case 'of "some importance, • and one that. ; has created a, good deal of j interest classes, \ras recently ! heard "in"' Hie ; M^elbbjurhe. Supreme Court. !It was at* r jaction. brought by -Mr Degraves, ; M.L.C, who was extensively engaged in | squatting transactions,} against Mr Mc- '. '■ Mullen^ the Inspector of the ITnion Bank; 'in.7his' individual; capacity, to recover _ , £30,000 for breach. of agreement. There was an> unusually large , Bar .engaged, and the hearing extended over several days. It appeared .that in the year ,1867 Mr ; DegravesV^ho^transacted business at the TJnion ;Bahg,y"and wa^one of its Directors in Melbourne^ entered into- a; partnership ; with the jlefeb'daul i in; the ji.urchase of two ; statibris, -'named .__ ? fespeptively St Anne's and : Dots wood,;, both situated in Queensland. 7The'. former had been for a long period in. tbe Tpossessibn. of_ the bank, it77 + .was ;j agreed,;, '..'to?, -purchase it, /by thb parties" for $8000 on ; bills at long dates. The other station cost £8800, and \Vae i b'o-right, onTsi"*"*aiiar Pp rma * so 7tbat~'the joint; liability of theT /partners was - about £ 17»000. JAf this time'TMr Degraves was doing • ah immense ; business, and :*was reipu ted •a ! miliionair t e. ..T^is. transactions ; Wjith ttie.'tXnion, .Bank -aloneiauiounted to between £300,000 and :£^oo,ooo per an-num,-and his overdraft ranged from £20,000 'itp?Moo^p? In 1868 Mr ; McMullenT became .dissatisfied, with the ,' purchase of the^station^and applied to Mr i Degraves to be_ released from the partner- > ship. 7 The plaintiff Oiprbsed'a'/willing- : ness to accpmmoaatehiß, friend, and sought to obtain: a substitute, but found it impossible, 1 ' - r aa'y r ' 'station ;; : "property .about thb time wai-j-at #..di£count; and very heavy lbsses^we^ebeinge very where experienced. , Itfwasifinally arranged, however, between the parties tha^M'Mulleh should be released'.bn^ Degraves's bills .Vhould beTdiecounted by the Union Bank at the rate of seven per cent., until such 'time, as, .the, , station, could be satisfactorily c,d|f posed .•: of r Degraves lodging ampla.secjurities iu the bank. Soon after? wards the defendant went to New Zealand, and in his absence the manager of the bank", MrjCurtayne, commenced'to press ' Degraves*. anji. finally foreclosed upon the mortgage!" ' M'Mullen repudiated the alleged agreement, which . was stated to ' have been njade yerbally..., The testimony adduced'* was "most conflicting-, and the j documentary evidence put, in threw com- ! parativbl^yiitt'tle', light, upoiti- the, :A^J!}?^ : at issue. . The 'juxy. "re^arn'e.d ..a .'Ver^dic't for j the plaintiff, "' '"an J d a^r^ed ti™ damages ; £loj2-4.8. ..., r^egrayeg has, it is stated, served a writ upon the bank, and intends proceeding with an action to recover £60,000. r r; , 7 ;7/7 y : . ,?Pp' i '-, The Otago - Superi!* tendency.— The following', was Mr Macandrew's address to 'the electors on the occasion of~ the jdeclaration poi yy the ; polling » ; for ; the^ whbh'7 he 7'was' reelected V by c; Tan overwhelming majority : —Gentlemen, allow tne to thank you most jsincerely \ *'*. .j&tid ) Ihro^igh l ybu 7thb7electors ithrouffhout the province, for the proud position i,a i, v^hicb,, ;by the,ygrace pf . GodT aod the. ; *wiU, pf th,e people, : l ; am, placed yfpr 'the fourth timQi-yJi do snot desire:;any un- i due exultation on the present occasion; at Ithe same timer{l,-feel,tt^lTshould be unworthy of the position did I not feel somewhat elated under all the circumstances of the case.. I venture tp say that never has 1 there been in New Zealand a Superintendental or any other, election, which has been ' so abßolutely' the result of the intelligence and convictions of ithe people as the present. (Hear). There is ho doubt that the honor. which' has been conferred upon me is enhanced a thousand-, fold From the fact that? .J hayo b^enelected by the pe'dple" '*scattei*ed thrbughout a 7 territory as large aa Scotland, without : having addr^ssejj one single public „ |ing br having "left my office imD.unedinii (Hear). I say that it enhances to my mind the honor a thousand-fold. I have ho doubt whateyei**, that had I been able to stump the"cquntry,,and to have counteracted the ' misrepedenitations and mia°

. statements wjhichhave been sdwri broadcast from ifa&jTtb Beershoba, from Tone end of|ihe provipdeTto the other* — considering, I saj| thatihadfl been able to stump the coupcy tbfcbunWract tbe statements that have been uttered with all the vigor and eloquence for which- my opponent is so distinguished, the result, instead of thß ,ra*-jority>being 1200 or;130O in nay favor, -.would ■ have -been at 7 least five to one (hear)— and this not upon personal but upon public grounds. — (Cheers.) I believe that the electors oh this occasion, or rather a majority of the electors, have most emphatically declared that they are sick of playing at Parliament; that they desire to see their representatives more concerned with measures. than with men; that the Superintendent of the Province, as the elected, head of the people, is not to be insulted 1 ; and that they have declared he is to be a man whose motto. iB not to set one class against another, but to give , equar attention ; and equal justice to all interests in the community, whether they be pastoral, mining, agricultural, or mercantile. (Hear.) I sincerely hope and trust that when the Provincial Council meets in.a'.few days, _ it will go into the .r.eal business of / the country^ and that, -it ; will : set 'an example— a gloribuse^ample— and distinguish itself by getting through in a week as much work' as its predecessors did in a month. — (Applause.) Gentlemen, it is said that porty is the price we have to pay for liberty. It seems that both may be abused occasionally. I think in the present case we- could very well drop party for a time, without anyygreat detriment to our liberties. I very -sincerely hope, now the excitement of the election contest is over, that we will'go' into the real work of the Province. Depend upon it, gentlemen, we will have quite enough to do to hold our own in the" race of material progress, and I hope moral progress also, upon which the Colony is -now 'entering. With bur neighbors in Canterbury, I rejoice to see, a new life seems 1 to have sprung up. They are going in for railways, colleges, and all sortß of improvements; and unless we mind, instead of being, as we have been and ought to be, in the van of the Colony, we shall be left in the rear, ' Mr Plimsoll seems to be wanted at Newcastle, in New South Wales, quite as much as, he is at ,the original Newcastle, in England. During the trial of a number;, of seamen for refusing to* obey the commands of the captain of the ship Heatherbell, it was elicited that "the 'ship was in such a rotten condition, that aleak, caused by a rat-hole, by the captain's own confession, bad to be stopped to make it safe i sailing; 7 while, according to another witness, " one might as well be iu a shower of rain as in the forecastle." And yet because the unfortunate sailors yielded to a prudish sense of self-preservation, and still declined to go in her, they were sentenced to twelve weeks each in Maitland gaol. Twelve weeks, indeed, seems to be the standard punishment in the Newcastle police courts for this sort of offence against the prescriptive rights of shipowners to send their vessels to sea for the purpose of sinking theffl. Two other ' cases are recorded' -in which the treatment dealt out to the crew of the Heatherbell was repeated r ' ! in the same coiirfc Of course, 'e.vbh.T three cases do hot necessarily prove .the, existence of a system of tyranny-and reckless disregard of human life such as that which Mr PliinsoU's investigations have disclosed in*. England; ;>>But they undoubtedly justify the suspicion that there is -a tendency on the part of those who have

to administer the Jhwytb comfort and health of :| seamen Trather iiiffilp? ■ lightly. ** " " 7"7;f pi' X? ?i i li Ppy PP??? pppM. TMjz notification that '■^Wes'sßgesv-can : -''b^''y'. r " forwarded to England via Siberia^^Bfbrds 7■);_a striking illustration as to what has' Tbeeil 7 accomplished in the way of telegraphic p? communication. The rPujfce adopted after „ leaving Singapore is by Hptig Kong Tand : p Shanghaij " then further -northward 7 to Posietta, and beyond the 45th paralled io 'p, ■ the Ampor River, and from thence J,hrbugh)7 Siberia over a land line 6300 miles in7extent — -the longest in the-world-rrto Moscow and St Petersburgh, and on to England. 7 The transmission of messages, by 'this route will bea much slower process- th ah that to which we have become accustomed. T . , . ' - -.■,.--■-'■ \ Education in 7Ne*w South Wales ;-— • The report of the Council of Education of New South Wales for 1872 has just been": published, and it furnishes some interesting i '-_ facts rsgard ing educational matters in that Colony: From 1867 there 7 has been a steady increase in the number of schools. In that year, including denominational inr stitutions, they numbered, 642 ; in 1873, they amounted to 9027 This increase has, however, taken place in the State schools only: In 1867 there were only 325, 0f these, but ra 1872 they numbered 691. On the other hand, -a large decrease, has taken, place in the denominational schools. which received assistance from the Government treasury. In 1867 ; of these there were 7. 317, but in 1872 there were only 211. The purely State schools have therefore increased more than 100 per cent., while v the sectarian ones have decreases, about 33 per cent. The number of children uDder instruction have advanced from 64,740 in 1867 to 88,487 in 1872". 1 Here again it' is found that the State scholars only have increased, these, having, been in 1867, 29,434, ond iu 1872,54,923. The denominational scholars were 35,306 in 1867, and only 33,564 in 1872. . The total amount of income for all tbe schools in 1872 was £166,086 16a. Of this £45,944 2s. 7d..came from school fees, and £4»154 1 8s. 2d. from local cash contributions, The character of the schools does not seem to *'•' rank very high, for upon inspection of 825, it was found that 323 were below standard, 240 equal to it, and only .8.6 above it. During the year 1872, out of 216 candi-, dates for tbe office of pupil teacher only 97 passed, the remaining 119 being disqualified for appointment. For remainder qf news see fourth page.

Holloway's Pills— Dismiss your doubts ; let no one be longer oppressed with the. notion tbat his roalady.is incurable till these'purifyipg Pills have had a fair trial. When other preparations have failed, these. Pills have been used with the most marke-l success. A course of this admirable medicine: clears the blood from all impurities, and . so improves its quality. The whole sy stem is thus benefitted through the usual channels . - without loss of strength, shock to nerves, or other inconvenience ; - in fact, health is renewed by natural means. For curing diseases of the, throat, •windpipe, and chest, these Pills have established a pre-eminently world wide fame, and ih complaints of the Btomach, liver and kidneys, tbey are equally efficacions. _ They are . composed of rare balsams, without a grain of mercury or other deleterious-substance. 1764 -j

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Pp'y 77 RAiLs^are laid on the; Hutt line beyon d PPypKewMWailp . ?py - i py-. i? .7 i? : ''■ 1 / ft-!*--^ has, beefl 7 7;/ 7 tried |^^ .. .j •'' P?. T'7^N : T^i^io;'Ciub , nas been formed in : ; 7j7/;^^pganuii77.'7_- .7, pp t 7" ... . •; 7 7 - iyi^'MyikitAscH. pf the National Bank hab 777 -'^e^/bpeneSjat 1 timaru. *7 : '...'•',,-. . y ': 7 77^Ea*rge quantities pf grain are being •'•;.-.' 7;shi^d7aty^Port Molyne'MX for export to 7 Britain via Dunedin. a?P£wbi Chinese. up-country in Otago are reported to have added stone-breaking to .; y their pther occupations, and. to take kindly ;to the wprk. --* - '

affirmed., Recently a woman went before one of the courts in New York city, and preferred .a charge/ 1 of vagrancy against !*er daughter, in order to prevent tbe latter from living with a man in an unmarried state. Upon the man, in answer to a question of the judge, acknowledging the girl as; his wife, she, was r discharged,'; the justice stating that acknowledgment made them legally man and wife. , ' Yankee enterprise was strikingly exemplified in features of the cargo and the passenger list of the Tybee, which sailed from New York for Samana Bay recently. Among the thousand and one notions was a complete hotel,' with kitchen and other buildings, which can be put up in sections in two days. Among the passengers were commissioners for the selection of a site for a oity, and a score of Boston "drummers," with cases of samples. About thirty-three locomotives per month are now built in Paterson, New Jersey. ' ' The consumption of iron for railroads during the present year is estimated at 1,750,000 tons. - The first railroad built in. Indiana was in 1845, when thirty miles were built. In 1871 there were 2335 miles. The banks and banking firms of Pittsburgh number 104, 'with an aggregate capital of over 28,000,000 dollars. England has 673 furnaces, producing 6,000,000 tons of pig iron per.annnm, secured from 17,000,000 tons of ore.