Page 2 Advertisements Column 2

New Zealander, Volume 6, Issue 487, 14 December 1850, Page 2

NOTICE. MR. SAMUEL HEGARTY,in returning thanks for the liberal patronage of the inhabitants of Auckland and its vicinity, begs to acquaint them that with the view of facilitating his position to give general satisfaction? he has entered into co-partners with Mr. Edward Yates ; when the Store in High Street will for the future be carried on under the firm of HEG ARTY & YATES who trust by insuring at all times a constant supply of Groceries of the best description, also Glas", Crockery, and Hardware, &c , &c; and with strict attention to business they hope to meet with a continuation of that encouragement and patronage from the public generally, hitherto so liberally bestowed, * x .* — A Fresh supply of Salt and Fresh Butter always on hand. Dec. 32th, 1850.

[advertisement.]

To the Editor of the New Zealander. SIR,— The following letter nas been forwarded to the Southern Cross for insertion, but as that journal has declined to publish or take any notice of it, I beg that you will insert it in your piper as an advertisement. W» F. To the Editor of the Southern Cross. Sir, — In the last report you have given of the case Davis (an aboriginal native) and another v. William Forsyth, the evidence of Mr. Gardiner and others was omitted, not giving consequently a full report. Mr. F. Gtrdinei stated that the value of the forest, until roads were made, was merely nominal and so small that he could scarcely put any value upon it. Mr. Bush's former evidence was read to the effect that he cut timber on his own account, that he sold to various parties, that Mr. Forsyth advanced money and goods to a large amount to enable him; to open up the forest by making roads, pits, &c., and for which he gave Mr. Forsjth the mortgage produced in Court. 'When called upon to answer ceitain enquiries in Court I stated that I bought timber from Bush and paid him as other wyerssa and made repeated advances to him in paying his ordert and in money and'goods, to enable him to proceed in his business ; that the whole amount of timber I received from Bush and other parties at this station amounted to 37,731 feet 4 inches, and a few shingles. I beg also to say that the grounds of decision in this case are based on an assumption that Bush was my agent, which is untrue ; Bush having cut and sold timber on his own account. The payment of Bush's order upon me is not a proof that Bush was my agent. Is it indeed an axiom in business that the payment of an order in cash makes the signer of that order the agent of the payer ? Would not such a construction of agency produce fearful results in the commercial world ? Is a bank accountable for the acts of every person who draws upon it ? are the drawers upon the bank its agents 1 The evidence formerly taken in this professed court of equity is set aside, and because the natives say that Mr. Hart did not pay £10 due to them the judgment of the Court says that I must pay £50 for timber cut and taken by Bush when the delinquency, according to the statement of the natives, is the nonfulfilment of agreement by Mr. Hart. It ought also to be made known that Bush offered to pay to the natives, in lieu of the £10 due from Mr. Hart, the sum of £10 yearly during the term that lie (Bush) might continue to cut timber. Part of the timber only having been taken, another sale by the natives is now contemplated to the Government, inclusive of the land, for the sum of £40. The last proposed transactions appears to be the key to those litigations — equity to the winds— might against right— the convenience of the Government. In the Southern Cross, dated November sth, 1850, an early paragraph in the report given of the case, as examined October 31st, 1850, proves the truth of my statements, aud in the paper dated the 15th, reporting the case as examined on the 14th, it is stated evidence was taken for the defendant, by which it was shown that he had not himself dhectly, or by paities c nployed by him, been engaged in cutting timber on the land of the'plaintiffs, and albo to prove that the quantity and value of the timber that had been cut was enormously over stated in]the plaintiff's claim ;" and in the paper datf-d 22nd, reporting the judgment as delivered on November 21st, it is stated by the Bench, "but it would seem impossible to determine the amount of damage done, if any, and whether the defendant be wholly, or in part, liable." After a nonsuit was entered again the case is brought forward, and I am made accountable for the acts of Bush, on the untenable ground that he was my agent, which was not the case, I may also state that the poor fellow Bush is now in prison for wages due to a workman amployed by him at the said station; this fact speaks for itself. That I shall be guilty of tres* passing jfand removing timber, not my own, is outla^eous j I can scarcely contain my indignation at the idea of such chaiges. There is something so strangely erratic in the constitution ot the Court, and singularly opposed to the spirit of British law, I shall defer my remaiks on this subject to another occasion. In the meantime I am satisfied a discerning public will mark the facts of the case, and reserve their censure for those to whom it is due, 1 am, Sir, Your obedient servant, W. Forsyth.