The Nelson Evening Mail. TUESDAY, SEPTEMBER 23, 1873.

Nelson Evening Mail, Volume VIII, Issue 229, 23 September 1873, Page 2

The Nelson Evening Mail. TUESDAY, SEPTEMBER 23, 1873.

Just aa we were going to press we received the information that Mr Curtis had given notice that he would move for leave to bring in a Bill authorising a special lean of £110,000 for public works in tbe Province of Neleon, and that he had been premised the eupport of the Governmeut in cairyiug it through the House. The following are the works to be undertaken, and the amounts n quired for them: — Wharf at Nelson, £12,000; Road from Wai-iti to Buller via the Hope, £15,000; bridge over Wuiuu, £G,OOU ; other woiks in the Atnuii, £4000 ; bridge over Motueka river, £6000 ; road from Black's Point to Murray Creek, £2,f»00 ; road from Mokibinui to Lyell, £2.000; road from Cobden to Cobl Creek, £2,500; road to R*i Valley, £3000 ; reads in Golden B»y, £2000 ; school buildingH, £2,000. The balance or portion of it, we presume, is to be expended upon the road from the Lyell to Westporfc.

A private telegram haa been received in Nelson stating that a rush had set in to the Haast river. Earthquake.— A correspondent at the Waiau informs us by telegram that a smart shock of earthquake was felt there this morning at 5 o'clock, the motion being from east to west. Public Health Act. — The General Government Gazette of Thursday last, contains a proclamation by His Excellency the Governor bringing into force in the Province of Nelson, sections 20, to 45, inclusive of the "Public Health Act, 1872." Inland Mail Service. — It will be seen that additional tenders for mail services are called for by the Postmaster, the General Government having apparently decided upon establishing an overland service, between Nelson and Christchurch. It is intended that the mails should leave Nelson and Christchurch every Monday morning at Kekerangu on Wednesday, returning on Thursday, and arriving at Christchurch and Nelson on Saturday night. The services for which tenders are required are as follows: — Nelson to Hurunui, Nelson to Kekeraugu, Kekerangu to Hurunui. Nelson Exhibition. — In a letter from Mr Denne, which will be found elsewhere, it will be seen that 119 complains of the coarseness of the New [Zealand flax as at present prepared, and offers £l Is as a special prize for some more efficient machine or more suitable process than that by which the green leaf is now dressed. — Mr Webb offers a suit of Nelson tweed of the value of £5 5s for the best model of a furnace, specially adapted for reducing iron ores such as are to be found in the province, the model to be accompanied by a description of the mode of working.— We are glad to learn that the Secretary received an intimation from the Rev. R. J. Thorpe, as one of the representatives of the Bishop of Nelson,of his willingness to subscribe £5 as a commencement of a special prize fund to be left in the hands of the Committee to be by them awarded as they think best. — Mr John Symons has also subscribed £10 towards this fund, which we hope will soon reach a large amount. — Mr Acton Adams offers £5 5s for the best specimen, weighing one cwt, of Nelson coal for steam purposes, the analysis to be the test. The Marriage with a Deceased Wife's Sister Bill has, after passing through the Lower House, been thrown out by the Legislative Council by 15 to 8. Everybody seems to be getting tired of this sessional measure, and the papers are trying to find some abridgment of the title. The Independent, wo notice, heads its report of the debate on the second reading, "Deceased Wife's Marriage Bill," but this, perhaps, was a mistake. Ma Bathgate, the Minister of Justice, has no reason to be proud of his success in the direction of law reform. We are not aware of the exact number of the Bills he has introduced this session, but it is sufficient to say that their name is Legion, It must be painful to him to find his labors entirely thrown away. Most of his Bills were ignominiously thrown out by the Lower House, and those which they, probably in pity to the framer, allowed to be read tha third time, have been summarily disposed of by the Legislative Council. The District Courts Bill, on which the Government at one time professed to make a stand, is the last sacrifice offered up of Mr Bathgate's innocents. The prevailing opinion throughout the colony is that Mr Bathgate had far better resign and make room for someone more fitted for the. office. Resident Magistrate's Court. — Oakey v. James. This was an action to recover a Florence sewing machine or the value of the same, that had been hired by plaintiff to one Miss Palmer, who had put it up to auction at Mr Stavert's sale-room, where it was purchased by the defendant. The evidence was taken last week before a Bench of Magistrates, consisting of Messrs. Sharp and Pollock, Mr Maclean appearing for the plaintiff and Mr Fell for the defendant. Judgment was delivered this morning, when the Bench stated that the following points had been clearly proved or admitted, namely, Ist. The identity of the machine with that hired to Miss Palmer. 2nd. That there had been a demand for restitution on the part of the plaintiff, and a refusal on that of the defendant. 3rd. The bailment of the machine to Miss Palmer. It was clear that the plaintiff as bailor unnder ordinary circumstances was fully entitled to claim the property bailed, wherever he might see it, and the onus rested with the defendant to show that his case was one, the circumstances of which were sufficient to oust the plaintiff of his rights. There was no evidence to show that the plaintiff was aware that the machine exposed for sale at Mr Stavert's was the one let by him to Miss Pfilmer, indeed that wbb distinctly denied, both by Mr and Mrs Oakey, and even supposing he did know it, he was not bound to interfere as be could claim bis property at any time. Although it appeared that them had been a certain amount of carelessness on Mr. Oakey's part in not seeiog and identifying the machine for the protection of his own property, still that would not affect the judgment, which would be for the plaint. lT for the return of the machine wiihin 48 hours, or for £15 los., and costs, £2 2s Mr Sharp added (hat considering the occupation followed Ly James, iie must have been either wonderfully clever, or very fortunate in having escaped similar actions hitherto. There was no blame whatever to be attributed to him, for he appeared to have acted fairly and openly throughout. lie (Mr Sharp) thought that the three parties immediately interested should meet and make some equitable arrangement, in arriving at which he thought there should be no difficulty.