LAW INTELLIGENCE.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 72, 7 April 1843, Page 3

LAW INTELLIGENCE.

SUPREME” COURT. . APRIL RITT'rNGS. Wellington, Saturday,..April 1, SIDE.-—jBEFORE CHIEF JUSTICE tfARTiST.) (Continuation of WRiwr v. WiliaamsJ Mr. Ross addressed the Jury for the defendant, contending that the defendant had complied with the award, and that the plrintiff had acquiesced in, and confirmed it. Mr. ; Hanson in a'reply of some length, whieh we regret we cannot give in full, observed —that the counsel Tor the defendant had enquired why when examining Mr. Wade, as to the supposed unfairness of the award, he had not shown the accounts to be inaccurate and partial. He had not done so because the time had not arrived. He should now show the jury the character of those accounts, and in doing this lie should confine himself strictly to facts. He wpuld show them, upon the clearest evidence, the accounts themselves, that they were inaccurate to such au extent, as to be in law fraudulent. It was admitted that the plaintiff' had consigned goods to the defendant to the value of 2,156/. ’ This was shown in the accounts and admitted by the defendant; out of this large sum he had received only about 175/. This was apparent on the face of the accounts ; for of all the other sums allowed to the defendant, his client had never received the slightesf benefit by those accounts, there was a sum of 470/. allowed the defendant for tire expense of forming a station at Kai Ko.ro; a station which the defendant had formed with the monies of the plaintiff, from which the plaintiff had npt received one farthing benefit—and yet, while the plaintiff was made to pay this large sum for forming the station, that station was to he delivered up to the defendant; so that, in fact, the plaintiff was made to defray the expense of setting the defendant up in a rival station. The plaintiff was also charged 60/. for the expense of procuring a deed for the land of this station, which was then transferred to the defendant. .Besides this there was a sum of 307/. allowed for slops and provisions issued to the whaling party during the season. He saw in the box more than one person qualified from his own knowledge to decide upon the fairness of this allowance, and lie would put.it .to them if any thing more palpably unjust could be ever brought into an account of this nature. Why had.not his learned friend produced evidence as to those accounts; were not .twelve men as competent to decide on their .merits as the arbitrators, and were they not as likely to decide with justice ? It was because the defendant wished to stifle enquiry, knowing that these documents would not bear .the light. The counsel for the. defendant had said that his principal witness was a great joker, but he would remind him that there were subjects which would not admit of joking ; where important interests were committed to a man to decide. With regard to the question of performance, Mr. Wade, it was true, had sworn to a tender of the station and goods, and this tender was admitted by Mr. Machattie, the witness for the plaintiff; but Mr. Machattie also stated, that the reason why. that tender was not accepted was that there were not at the station more than half of the goods which, according .to the. accounts annexed to the award, ought to be delivered up. Upon both of the points therefore, the unfairness of the award and the non-performance even of that unfair award by the defendant, he left the case with confidence in the hands of the jury. His Honor, in summing up, said the case had been so fully argued, that it would be unnecessary for him to occupy much of their time. The points tor them to consider were, whether the terms of the arbitration had been complied with ; whether the .accounts were satisfactory ; and whether the,plaintiff had adopted the arbitration. He need hardly remind them that unless they were satisfied on; all these points ; unless they considered that the defendant had given them sufficient proof ujion those points,.he would have no. case. .It was not sufficient for the defendant to show.the plaintiff, had received the money directed to be paid ; he might accept that as a part payment of the original debt; they must be satisfied that he knowingly took it in performance of the award. With regard to the time which he allowed to elapse, he might take time to. consider whether he should accept the award; and it must be remembered that till a short time before the commencement of the action, there was no court in which the award, could be questioned ; but they would be able to decide on that point. The accounts they would be able to . examine and decide upon.

Verdict for defendant upon all points. .This cause occupied the whole day. The court adjourned at b past five till Monday the 3rd. .Monday, April 3. The .court opened .this morning ,at .I.o,‘o’clock. .Nine . causes were tried, none of .which )posscss .much,interest. Four were undefended. PARNEEL V. WATERS • AND SMITH. ; iDr.^EvanS'appeared for .the plaintiff and Mr. Hanson = for.the.defendants. This was an action to recover 221. 2s. Id. for work and labor done at Barrett’s,Hotel. No..evidence being shewn of the work having been . done, .or to connect the defendants with the plaintiff’s . demand, the plaintiff was non-suited. MUJfDEN. V. 9AVE. iDr.,'Evans appeared for. the plaintiff, and Mr.; Hanson , for. the; defendant. This was an action upon an I. O. U, for 31/.vos. Od. The. deffnee rested. .upon .two sett-off.of 16Z. 6s. 6d. and satisfactiqn of ,the ..remainder. Verdict for the defendant. . .ROBINSON, V. GAVE. Dr. Evans appeared for the plaintiff and Mr. Hanson for the defendant. This was an action upon.a.promissary note for 65/. The,plaintiff was nonsuited on account of a material . alteration in the note. * The,court rose at five o’clock. , Tuesday, April 4, ■n-f causes wer e tried to-day, Merper v. Revans -and Fitehefbert v. Antonio were the most important; ‘ meh.cen v. pevAjffß* ' ■’ ‘ r (Mr» . Hanson . appeared, fcr.Jbe a plmfttiff iJEKang.for consideration beyond 210/.' 11s. 3d-,- and that the goods for "which the note was given were charged ,per< cent, above 'the price agreed upop. This action had been tried before in October last and the Jury found j Q f avor of the plea sefc up by the de f en , ■/dant, . afterwa.rds the plaintiff applied for a new trial, which was,granted, chiefly, on the ground of the improper use that had been made by the counsel for the defendant of,.certain papers, professing to be .invoices,. which had not been proved in evidence.

qf'tjje .|tose : paying been qdp*i.ti,ejj, jW. ■defgri^ailt‘Mlis lipbh to >tjie case : was' ! o£etfe<l by ’jDr; 'E VaiC r tyfio, ‘ wha.t he Shqhld'proyej ? and/ i rqf^riußg ; tb ; the pv' mer trial, and the grounds q jup6n -vthich We ne’ly 5 trial was granted, called— ’ v ' George Hgtojcjns a-mariner, Jiving on Te-Aj-o Flat; came to this colpny in the Hgrirington, •Captain Mercer; remeihhebs the pLiiitiff brought out some cases ; saw siepi ip ft Shed; cannot swear thftt he cvpr saw the inyqice produced before. Thomas Mackenzie sworn.— ‘Is a printer in t|ie em-. iploypfthe defendant! has epien the papers produced frequently before, in tjie defendant’s' office ; pas seep the plaintiff several times at the defendant’s office when 1 the ffarrington was in this port'; he called and requested to see the defendant; did not know what business the plaintiff called upon ; helped to roll three cases of stationery from the wharf; the invoice were given witness,to check the goods; received .them from Mr. Tates, the. overseer of the printing office; some of the articles charged in the invoice produced are the same‘as those witness sorted, others are different; tajci.ng jheip as a whole they correspond • the difference wqs lirthe quality; some of the account books were old shop keepers. William Edward Vincent sworg.— ls a printer ip the defendant’s establishment • saw the papers .or my,oiee r s ; produced at the time the Harrington was:in poict; : the pencjl marks were made by witness as the .goods were unpacked 'from the cases received .from the jarring ton; the plaintiff called one day, and witness sa.w, yhat Ire believes to be, the papers produced jn his possession ; was in the office; plaintiff was in the shop; a person standing in the office could see anything which occurred in the shop; heard a conversation between the plaintiff and the defendant; the plaintiff wanted the defendant to purchase some stationery; the plaintiff at first asked 10 per cent; the defendant said he would give 16 per cent, on,the invoice price at London ; the cases were opened in three weeks ; the plaintiff left the harbour a short time after; the goods corresponded with the invoice, except in quality ; we covered over the cases with boards to protect them, as the shed was not covered in.

Cross-examined by Mr. Hanson.—Thinks they are the same invoices; the plaintiff asked 1.0 per cent, upon the invoice price of goods in London ; the defendant said it would be rather unhandy to give cash, but would give a bill for the amount; the plaintiff then required 16 per cent., which defendant agreed to give; it is nearly eight months since he heard of this action ; never mentioned overhearing this conversation to the defendant; the present,is the first time he ever mentioned it; he said he knew something which might affect it when he heard it was coming bn again ; he knew before the last sitting of the Supreme Court, but did not mention the subject to defendant then ; he mentioned having checked the invoice, which brought him here today ; does not recollect anything being said about these invoices in the conversation he lias referred to ; did not think the invoice would be of any use to the defendant. Edward Roe sworn.- —Is foreman in the defendant’s office ; saw the papers produced before at the last trial; has been between 30 and 4 0 years in the stationery business; calls these papers invoices ; thinks they are on the whole rightly worded ; but a stationer would never dream of calling thin post thin letter paper ; thinks the prices are I more than any wholesale house would charge. Cross-examined by Mr. Hanson.—Never saw these papers before he came into the court at the last trial.

Kenneth Rethune sworn. —ls a merchant residing in Wellington; had some conversation with the plaintiff respecting stationery he had sold to the defendant; the plaintiff, mentioned that he had disposed of some stationery belonging to himself to the defendant; he alluded to the price he got for it; he said he had got 16 per cent, advance; witness observed that 16 per cent, wasaverymoderateadvance; the plaintiff replied thatthere was 50 per cent, upon the invoice before ; that he was satisfied with .the price; witness inferred from what plaintiff said, that he had got 66 percent, op the original and costs.

Cross-examined by Mr. Hanson.—Plaintiff did not say upon what the advance of 16 per cent, was made; thinks the expences, freight, &c., upon stationery are about 7 per cent.; should not consider 10 per cent, an adequate advance ; goods are sometimes .sold by.invqice, and sometimes without; Willis.and Co. .acted as agents for the Harrington ; witness acted as clerk to them; witness did plaintiff’s business; plaintiff used to talk to witness frankly about his business; mentioned the conversation with plaintiff to the defendant unintentionally four or five months after, .when, defendant objected to the price ..of .some stationery which he offered to sell the defendant; .witness said it ,was not so much as he gave the plaintiff; he regretted that it had been mentioned; this conversation with the defendant took place before the defendant -went to Sydney ; the H,arringt.on left this port .about the end of August. George Hunter, Jun. sworn. —Recollects the Harrington being in this port; was present when some conversation took place between the last witness and the plaintiff; Mr. Bethune -asked what advance-he - had obt lined on spme;gqods which he hadsqld the defendant,plaintiff said 16 percent. ; Mr. .Bethune replied .that that -was asipali advance, that he might have got more.; plaintiff replied that he was well. satisfied, as he had before upwards of 50 percent. on the invoice; inferred from that there must have been some advance on l the cost price to.enable.him to .get that amount; Willis ,and Co,.were the. agents ; but neither were .agents foy .the stationery ;. it was a private concern .of the plaintiff's. Cross-examined by Mr. Hanson.—Witness never' mentioned it previous to Mr. Bethune naming it to Mr, Revans in their office about four Or five months after,the plaintiff deft. , George Hawkins reealled.—ylAsA some jeonyeysatjon with plaintiff r about, the. payment .of some, stationery; this invoice is not .in plaintiffs .handwriting; never said he had the original 1 invoice ;is age’rit plaintiff; the plaintiff never assigned-his right inlthis; bill; witness was Jiot concerned iWith .the -plaintiff in itheupurchase .of ;j ,he joined the, i plain,tiff:in!the t purcbns,e > df some presepyed.meat ;pthinJts. the .^at^pery. was ,pprchasediof the parties' ffom. whom the preserved meat.was purchased; fcever • had 'Jiif in jhe stationery;.; never- saw the invoice - before; S-haa mo mvtße cause. ' : f if., harbpuf,,; n 6 c‘ab^ , b^^tlm\wife’; iMercer notatt-mp-, wifeJsfdwoidwritihg, anHthe.lib are : *pl ip hisjiandwaiting,; tbe,oth,er ,mpte,was ; fflso. ( carpepter | neyep snw him, write,; Jo not they cap ‘.he fn handwriting; Tlie stationery was not the.'propefty Ofthd plaintiff; when the bill became due, he saw theant about it;. asked ..whether he would, pay .it lor,not; he said, he woqld not pay it as ,it was. ppfjpdpxsed by . the plaintiff; he since

Jias-not seeo the defendant personally about the matter be received tlte power of attorney. . ■'JiUi-ex.&nriwp# iby:P.r. wore ijnauy pass* jSgpgers to .tjijs pqrt ip ffie Harrington. jThis ,olpse4 the evidence for the defendant; Mr-. Hanson for the plaintiff said, he should prove the defendant had admitted Iris liability by subsequent promises' to pay. Thomas Milne Maehattie sworn. —-Is a merchant ; knows bqtji plaintiff and defendant ; paw them in Sydpey,in 1842 ; left Port Nicholson sth February; saw them therp' together several times; witnesp was 'in 'Mr. Betts’ counting-house on one occasion when the plaintiff was there; the defendant came in and witness waited outside; they came out tqgether; the defendant asked witness if he would pay a bill which was not indorsed; he said he would not; thinks the defendant said to the plaintiff, if you will send the bill to Port Nicholson it will be paid; has had no communication with defendant on the subject since. Robert Roger Strang sworn. —Is clerk of the County Court; was instructed to apply to defendant for payment pf the bill in question in the month of March, 18.42: was practising at that time as a solicitor; applied to the bank when the bill was made payable ; the answer there was no " effects” ; wrote to the defendant, who was then ;in Sydney ; witness called upon him when he returned ; he never refused to pay it; he said it was inconvenient to pay; has applied since and defendant has tendered part; the defendant has said latterly that he thought the plaintiff had too good a bargain, but that lie would pay the debt rather than go into court. :Cr.oss-examined by Dr. Evans.—Mr. Hawkins instructed witness to apply to the defendant; defendant never said that he would not pay the bill; thinks he met the defendant near the printing office ; it was at a subsequent meeting that he said he thought the plaintiff had .charged too high; made application for payment in March ; understood the defendant knew he applied for payment on behalf of the plaintiff; the defendant did not suppose he applied on behalf of Mr. Hawkins ; never applied for payment but on behalf of the plaintiff; commenced '.the action because he had promised to settle the bill on a certain day, and witness was informed he was about to sail for Sydney without settling it. Dr. Evans addressed the Jury, contending .that a fraudulent overcharge had been proved by the evidence which he had called. The plaintiff’s council had endeavoured to shew a subsequent promise to pay ; he was sure they would not consider the evidence of Mr. Strang, for there was no other evidence on that point conclusive; it was evident the defendant understood the application to be from Mr. Hawkins, against whom he could not have adopted his present defence. Mr. Hanson in reply, called the attention of the Jury to the importance of the point really involved in the case. It was really whether Bills of Exchange which had been hitherto considered as closing a transaction, and which, in all commercial transactions, were received as evidence by themselves of the matters contained in them were to be opened and impeached upon any suggestion of error or overcharge in the matter out.of which they came; the Jury would estimate the evidence of the witnesses of the defendant, and decide how. far they are to be believed ; and when they saw that for nearly twelve months subsequently, and long after he had been apprised of the defence which he has set up, Mr. Revans has promised to pay the amount, he was sure they would find for the plaintiff’ to the full amount of his claim. Verdict for the plaintiff. We are unable to give any other report in our present publication, but we hope to conclude a report of the civil business in our Tuesday’s paper. The civil cases were finished yesterday morning. The criminal trials will commence to-dav.

NELSON. x (From the Nelson Examiner .) Road to thu Wairoo. —lt lias been repeatedly asserted by natives at Nelson, that a good and level path of one day’s journev only, leads from the extremity of Queen Charlotte’s Sound to the Wairoo. With a view of ascertaining the truth of this statement, a party who have just visited that district obtained a native as a guide, who pointed out the path in question. They were disappointed, however, to find that the Wairoo spoken of by the natives in this report, is merely an arm of the Oyerri or Pelorus, which terminates in a long valley, leading ,to the great valley of the Wairoo. The party were prevented from pursuing their journey in this (lirection, but the following, imp.oi tant .point may be considered as ascertained —that ; .the , Pelorus .is connected with the Wairoo by a valley of one unbroken level, excellently adapted for a road. A Maori path, at present exists, from the wood in the .centre of the .Wairoo plain to the head of the arm of the Pelorus _ just mentioned, ,which is travelled by the natives in /about a day and a half. This creek is ..about two .miles long, and joins .the Tel9rus t Ubbut two miles from, its head. The grand desideratum now, therefore, .is the discovery, of , ; a. ; practicable communication between iNfelsou and the head of the Pelorus ; an object .which probably merely requires a little investigation, toi’he proved ; readily attainable. ' ' ' ~

A very neat and convenient i .brick-building ihasv been - erected. near Green Point, for the accommodation of the' 'Maories, ,put of the, funds deriypn Ttom.the Native Reserves, or, more corr §P®4khlg>: >dut of, money borrowed on aceo,unt (.of these .reserves. This is certainly a most ;pKMißejwoirthy proceeding, as:our native the comfort of a chimney (pn their visits to exposed; to the Jninthe/wretched tents .%£ ■> It is to • the Bishop ; this considerate net. visitor will ats jailat present being. no brighter than thejMilky Way. It was first*observed about-the end of February; before which time it set before the sun. (When at its brightest its tail measured about 41,degrees,

and was inclined about 23 degrees from the perpendicular. At that time its t ; dil presented a long stream of yellowish light, increasing 5 greatly in intensity towards the nucleus. This light was not steady, but appeared in a succession of flashes, giving the tail the appearanc/l of alternately shooting out and contracting. It was evidently of very inconsiderable density, as the stars shone through it almost undimmedv The tail had the appearance of being bent upwards, an illusion probably due to atmospheric refraction. Its inclination has gradually ihcreased, and now amounts to about 40 degrees LATEST ENGLISH NEWS. The Queen and Prince Albert were on ,a visit to tjie Duke of Wellington at Walmer Castle. The archduke Frederick of Austria was ,in England. It was expected that Parliament would meet for the despatch of business about the third week in January. Dr. Turton, the newly-elected Dean of Westminster, was installed on the 9th of November. Dr. Stopford, the Bishop of Meath, was installed on the 6th of the same month. Dr. Channing, the truly great American writer, died in October. Hone, the well-known author of the " Every Day Book,” died on the 6th. Serjeant Spankie is also deceased. Very heavy gales of wind were experienced on the English coast in the latter end of October. On the night of the 29th, a collision took place between the barque Jackson, bound from Liverpool to Dundee; and another vessel, name unknown. The Jaclcson went down almost immediately; and five of the crew were drowned. On the night of the 30th, a vessel named the Louisa came in collision with a Swedish brig off Orfordness. The crew of the Louisa ; conceiving that their vessel would sink in a short time; escaped in the boats, but some days afterwards she was seen drifting about in the German Ocean, with no one on board, and taken in tow by a steamer, and brought in safety to Gravesend. On the 4th of November two came in collision in the channel, and one; named the Reform, went down immediately. The crew escaped. On the same day the Hope was ran down at the entrance of North Shields harbour; The steamer Isis was lost on the 9th of November, on her voyage from New Providence to England. The steamer Medway being at hand, all the passengers and crew, excepting one boy, were saved.

Her Majesty’s steamer Spitfire, having on board two companies of the 3d West India regiment, struck on a reef about seventy miles from Belise, Honduras. Out of 200 souls on board, only one man, a private, was lost. The rest, after many hardships, arrived safely at Balise; but with the loss of all their baggage; The Marquis of Breadalbane has been formally reinstalled Lord Rector of the Glasgow University. The personal property of the late Earl of Leicester has been sworn under the value of 60,000/., which is principally;bequeathed tolps widow and children. This amount may seem small, but the late earl, by his will, states that he has lately expended the sum of 500,000/. in the improvement of his estate. Large quantities of live stock and salted provisions have been imported into England from the Continent. The appeals against the assessment for the income and property-tax on persons in the dity of London are expected to be very numerous and protracted. The first court ,for the above purpose will be held on Monday, the sth of December. Incendiarism prevails to a large extent in many parts of England. '

The distress in the manufacturing districts is still very great. A Mr. J. Hawkins died a short time since in the Queen’s Bench Prison, in which he had been. confined twelve years for a debt under 30/., which he obstinately refused , to pay, though whilst .in prison he ran through 3,700/. The sum of 640/. has lately been given for the bulb of a new tulip, called the “ Citadel of Antwerp.” This sum was. paid by M. Vandernink, of Amsterdam, a florist, formerly a captain in the Dutch navy. THE CHATHAM ISLANDS. It will be remembered that, about twelve months;since, we .copied mto the Sydneytferald a number of/articles .aud paragraphs respectihg the supposed cession,of the Chatham -Islands, by the Nqw Zealand Qompauy, to a Company formed at Hamburgh: and, although ifc.was understood that ; the transfer, of-the islands; %d the consequent -. colonization qf ; the persons ‘from . Germany, had ;! by aome been . prevented, .the reason why :the arrangement was. not completed was :not understood. A parliamentary document, which has recently reached us. fiom our London agent, enables ms to explain the whole;affair. The subject was .first, brought under the notice of Lord. Stanley .on the 15th. of October, 1841, immediately upon the . accession of the . Conservatives te power, when Mr. Somes,..the * Chairman, or Governor .as he .is called, jof (the New, Zealand Company, .informed. his-. Lordship of, the Directors of the Company.being rin. treaty .with , certain parties .offieially corin^fed with -Hamburgh ,and "the -.otlfer; iree /citfes .of

Germany, acting on behalf of a Colonization Company forming in that country, for the sale of the group of islands in the South Seas known by the name of the Chatham Islands, their property in whieh v f as acquired by bona fide purchase from the natives;” and that no claim to the sovereignty of the islands had ever been made by the British Government; and that the islands were to all intents and purposes, a foreign state, ruled by native chiefs, who have the undoubted right to cede their sovereignty t© any foreign power they may think proper.” * The letter then states that the chief object of the Directors was to give “ useful neighbours” to the settlements they had founded in New Zealand; and that it was their intention to make it a condition of the transfer that “ British subjects, with their ships and goods, shall at all times be placed, in the ports of the Chatham Islands, on the same footing as the national flag of the Hanse towns;” and that no part of the islands shall be made a “ penal settlement for the reception of malefactors transported thither from any other countrv.”

On the 2Sth of October, Mr. G. W. Hope acknowledges the receipt of the above letter, and states, that Lord Stanley did not “find in the Company’s charter any thing which appeared to him to justify the supposition that the Company could lawfully apply any part of their capital towards the purchase of lands in a country which they themselves described as foreign;” still less could lie “ discover on what ground the Company claimed a right to enter into negociations with the diplomatic agents of a foreign state, having for their object the creation of a foreign colony in the neighbourhood of British settlements, and the protection of the commerce and navigation of Great Britain with the proposed colony.” His Lordship then intimates that it is his intention to communicate with the Law Officers of the Crown, and suggests that there is a necessity on the part of the Company for the “ exercise of caution and circumspection in advancing any further in the proceedings in which they report themselves to be engaged.”

This appears to have caused some little alarm in the “New Zealand House;” for on the sth November, Mr. Somes writes, that the soil of the Chatham Islands was purchased a considerable time previous to the date of the Company’s Charter, by the agent of a former New Zealand Company, and that the soil is now vested “ in the individuals on whose account the same was purchased, or their representatives” —and those individuals form a part of the present Company. The letter then states that they feel assured that “ the circumstance of their having, perhaps rather unguardedly, stated that they, ‘ the Directors,’ were in treaty with persons connected with the free towns of Germany for the sale of the Chatham Islands,” would not prejudice them after this explanation, as they denied having “ entertained the slightest intention of dealing witli the sovereignty of the Chatham Islands, or pretending to transfer it to a foreign power.” On the 11th November, Mr. Hope informs Mr. Somes that as the Directors had no property in the islands, but that such property was claimed by another body, it was unnecessary to pursue the correspondence w T ith the Company any farther.

On the Ist December, Mr. Hope informs Mr. Somes that, notwithstanding the subsequent explanations, Lord Stanley had considered it advisable to refer to the Law Officers Mr. Somes’ letter of the 15th October, and that their opinion was that the purchase and proposed sale of the Chatham Islands was unauthorised and illegal; and thai the proceedings of the Directors, in entering into any agreement or treaty or stipulation for securing rights and privileges to British subjects, and restricting the purchasers from making the Chatham Islands a penal settlement, were, in their opinion, “ an interference with the Royal Prerogative, and therefore unlawful: the possible inconvenience and danger of such interference being quite obvious.” The letter concluded with the following gentle hint to the Directors : “ Lord Stanley desires me to add, that the Crown lawyers have further reported their opinion, that the consequence of an abuse -of the trust created by a charter, or of the powers thereby granted, may be the forfeiture of the charter altogether ; although they doubted whether what was stated by the Directors to have occurred in the case before them, if the intention ivere abandoned, would be deemed to amount to such forfeiture.”

. Two days after the receipt of this letter, Mr. Ward, the Secretary to the Company, acknowledged the receipt of it, and expressed the Directors’ “ deep sense of the kindness with which Lord Stanley communicated the result of the reference made by His Lordship's directions to the Law Officers,” re asserts that nothing has been done by the Company with reference to the projected arrangement, and assures His Lordship that nothing shall be done which can “in any way involve the Company, in any illegal or objectionable proceedings.” On the 25th March, 1842, Lord "Stanley reopens the correspondence by stating that the Government had received from Her Majesty’s Chargd d’Affairs at Hamburgh a despatch, ct enclosing the copy of an agreement entered

into between the New Zealand Company and Mr. Syndicus Sieveking, for the sale of the Chatham Islands, with a memorandum on Mr. Sieveking’s proposed colonization of those islands. The agreement purported to be made between Mr. Sieveking on. the one part, and John Ward, Esq., Commissioner of Her Britannic Majesty, acting on this occasion on behalf of the New Zealand Company of London, incorporated by Royal Charter, of the other part.” What might be the legal coiise.quences to the Company of this act Lord Stanley would not then inquire : but as the agreement was made by a gentleman accredited to the City of Hamburgh as a Commissioner of the Crown of Great Britain for other purposes, it appeared to him incumbent on tlie Government to make to the contracting parties at Hamburgh a clear statement of the case, which had been done; and Mr. Sieveking had been informed that the Chatham Islands would in future “form part of the Colony of New Zealand, and be subject to all the laws in force there regarding land purchased from the natives, by which laws no former purchase' could , be recognised without the previous sanction of the Local Government on the report of Commissioners appointed for that purpose, nor even then to a greater extent than 2,500 acres in the case of any one purchase.” On the Bth April, Mr. Somes acknowledged the above letter, and “ in the most explicit manner” assured Lord Stanley that no act had been done or sanctioned respecting the Chatham Islands after the incorporation of the Company ; that Mr. Ward had acted without instructions from the Company, and that the Company had refused to ratify Mr. Ward’s agreement, “ on the ground that the Company, in its corporate capacity, had to do with the colonization of the Chatham Islands.” The letter then proceeds as follows; —“ The relation in which the present Company stands towards these islands is very easily explained. The acquisition of land in these islands came within the scope of the deed of settlement under which the original Company acted before its incorporation. At the time of making the agreement with the Government, in which the charter originated, the purchase of the Chatham Islands from the natives, by an officer of the Company, was not known to the Directors, and consequently the Chatham Islands were not included in the charter. The result of this has been, that the members of the original unincorporated Company have found themselves in possession of these islands, or at least of the claim acquired in virtue of the purchase from the natives, (and which I submit that body was perfectly competent to maintain), without any power under the charter to include them within the colonizing operations of the incorporated Company. The Court of Directors of the New Zealand Company feels therefore that it is not within its province to urge upon your Lordship the claims of the Company which existed previous to the present charter.” Thus ended this very curious correspondence, and we think our readers will agree with us that any tiling more impudent than the attempt of the New Zealand Company to assume the right of transferring the Chatham Islands to a foreign power was never brought under the notice of the public. We subjoin the Prospectus of the Company which was in course of formation in Germany, and have only to add, that if a number of German immigrants would agree to settle upon New Zealand, and become British subjects, there is no doubt that they would be very useful and successful colonists.

GERMAN COLONIZATION COMPANY. Sect. 1. The Company consists of the holders of shares of the amount of bnco. FI, 1,000. Sect. 2. Towards the colonization of Chatham Island 400 shares will be issued. Every further issue of shares for another colonizing enterprise of the Company forms a series apart from this one, in which, however, the first shareholders will have the right of participating in preference to other persons. Sect. 3. The taking up of the share pledges only to the first instalment of bnco. FI. 200, for which provisional certificates will be issued, this instalment is intended‘to secure the contracted deposit of. bnco. FI. 1,000, and the sending out of a commission (accompanied by the necessary surveyors, handicraftsmen, and mechanics), which has to explore the islands, and in case of necessity, to take possession in the name of the Company. Sect. 4. The Company, of which the locality is in Hamburgh, will be represented by a Court of Directors', consisting of five members, to be chosen by the first general assembly, whose functions and powers are to be fixed by the provisional committee of the first general assembly, appointed for the approval of regulations to be laid before them. Sect. 5. In this general assembly a majority of. votes ,-s to decide ; and the holders of 1-2 shares, will have 1 vote. 3 5 ditto 2 votes. 6-10 ditto 3 votes. 11-20 ditto 4 votes. 24 and upwards 5 votes, Sect. 6. In the course of the month of February the Court of Directors, or if such Cojirt should not yet have been constituted, the provisional committee, will* decide upon the ratification (which has to take place before the 12th March in this year) of the contract of the purchase made in the name of the Company. ' Section 7. The Court of Directors will, as soon as possession has been taken, cause the site of a port, of the suburb, and the more distant rural territory to be surveyed, and will alienate the same conditionally, even before sending in a report, at such price as may seem sufficient for the conveyance and location of German emigrants, for the first public expenditure of the Colony, the return of the price paid for, as well as for a proportionate dividend.

Seot. 8 . The Directors will, ip the proper form, open negociations in reference to Article 3, for concurrence in the anomalous position of the group of islands, in respect of their political rights. Viewing, however, that the New Zealand Company has, by agreement, secured to the German Company a legal possession ; and, with reference to the enjoyment of national rights and religious liberty) has recognised as reasonable the wishes of the same, there does not appear to be any doubt respecting the unlimited freedom of trade of the future port, or the carrying on of its traffic under equal, though not exclusive rights, under the German, the Hanseatic, or the Hamburgh flag. Sect. 10. The whole of the proceeds derived from the alienation of the lands will be applied in the following manner:—

(a) One half to the conveyance and settlement of German emigrants, in regulating proportions of trades, ages, and sexes. (&) One quarter in aid of the public expenditure of the colony; in which are to be reckoned the surveys, as well as the building of the first roads, bridges, and other works. (c) One quarter to defraying the expenses of the administration in Hamburgh, to the payment of dividend, and to the return of instalments paid in. Sect. 10. Of the area of each of the three districts—the port, the suburb, and the rural territory; and in addition to the, reserves secured by the New Zealand Company to the Aborigines, one-tenth will be kept apart, to be applied to the exclusive endowment of higher objects, on the security of which the value of the new settlement, in the eyes of the better part of its population, must depend, namely, the church and the school. The Provisional Committee, (Signed) K. Sieveking Syndic of Hamburgh. A. Abendroth, Dr. D. Chapeauronye and Co. Joh. C. Godeffroy and Son. JE. Johns. Ross, Vidal, and Co. Schiller, Brothers, and Co. A. Schramm. R. M. Sloman. Hamburgh, February 15, 1842. o

THE BEAGLE. (From, the Hobart Town Courier.) Her Majesty’s surveying ship Beagle has arrived in the Dement on her return to England, after having completed the arduous duties to which she had been appointed, and upon which she has been engaged for nearly six years. We take the opportunity to lay some particulars of the important work which has been performed from the sketch published in the Sydney Morning Herald ; — “ The objects of her voyage were not confined to one spot or portion of the coast, but generally to complete all parts that had hitherto escaped the notice of, or had not been virited by, previous navigators, particularly portions of the north-western coast which were not seen by Captains Flinders and King, or by the French expedition under Commodore Baudin in the year 1802. “ The Beagle left England originally under the command of Captain J. C. Wickham. This officer, however, after two harassing voyages to the northwest coast —in which several interesting points were established, and two rivers (the Adelaide and the Victoria) discovered—was necessitated to return to England on account of bad health, brought on by the extreme heat of the climate, when the command devolved upon Captain J. L. Stokes, who has completed the objects of her voyage, and now takes her home —to receive, it is hoped, the reward of his long and useful services. . “To describe the work performed, in the succession in which it was executed, would be out of place here. It is better, therefore, to give a general summary of the different portions of the survey in the order, as to position, in which they follow each other, “ Commencing, therefore, with the eastern coast. The inner route towards Torres Strait was twice navigated on the way to the north coast, and several important corrections and additions made to the charts now in use. Of

the latter may be mentioned the determination of a better outlet than the one to the north of Wednesday and Hammond Islands, viz., by passing through Endeavour Strait, which hitherto has been considered to be too shoal for vessels of large burden. Captain Stokes, has, however, ascertained that, by keeping nearer to .Wallis’ Isles, a good channel or outlet exists, in which there is not less than five fathoms water. The passage, therefore, through this part of Torres Strait has been very much improved.

“ The next important feature of the Beagle’s voyage was the discovery of two considerable rivers at the bottom of the Gulf of Carpentaria, flowing through a fine country in a south-wes-terly direction for. sixty miles, navigable for thirteen miles for vessels of thirteen feet draft, and to within five miles of where the water is fresh. The boats, however, traced it for nearly fifty miles further, to thelatittde ofl7deg. 59’, and longitude 139 deg. 30’.. The climate was found, in the month of August, to be of an agreeable character, the thermometer in that month indicating an average temperature of 60deg.,the miniipum being 50deg. To these rivers the names of ‘Albert’ and‘Flinders' were given. ’Pie character of the country is low, and the soil chiefly alluvial. .No satisfactory reason has been given for the low temperature of this tropical region, which, as the latitude is about 17deg., ought at least to have been 70deg. or 75deg. The situation of these rivers may, at no distant period, open a road to the interior, which is at present wrapped up in doubt and mystery. —(To be continued.)