LAW INTELLIGENCE.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 73, 11 April 1843, Page 2

LAW INTELLIGENCE.

SUPREME COURT. APRIL SITTINGS. Wellington, Tuesday, April 4, (CIVIL SIDE. BEFORE CHIEF JUSTICE MARTIN.) FITZHERBERT V. ANTONIO. Mr. Ross appeared for the plaintiff and Mr. Ilanson for the defendant. , This was an action brought to recover the sura of 500/., for goods sold and delivered, and money paid and advanced by the plaintiff, for the use and on account of the defendant. The defendant pleaded that the plaintiff had in July 1842 entered into an agreement with him, by which the particulars of demand on the present action became an account-current, extending to the expiration of the whaling season in the year 1844, and that the plaintiff was not at this time entitled to sue. 2ndly, That the charges were excessive, and that some of the goods had not been delivered. Mr. Ross opened the case of the plaintiff to the Jury, and called the following witnesses : Robert Langdon sivom. —ls clerk to plaintiff; knows the defendant; he has been carrying on a whaling establishment for some time at Kapiti: witness has supplied defendant with goods for that establishment; has been in the employment of the plaintiff* since September, 1841; during that period has kept plaintiff’s books ; the book produced is plaintiff’s ledger ; has kept it himself part of the time; the first goods that were delivered were delivered early in April, 1842 ; the 4th; cannot say what amount of goods wore then sent; there is a receipt including what were taken in the Vanguard', knows defendant’s handwriting; the signature to the account produced is his handwriting; lias seen the account before; has compared the accounts with plaintiff’s books and they correspond; was not at Kapiti when the receipt was given ; the receipt produced is for goods delivered in 1842 ; knows the signature to be the defendant's ; the goods were sent from Wellington, and witness has no doubt they were delivered; the receipt now produced is for goods sent July 24th ; the signature is that of the defendant’s; they were shipped from Wellington, and the defendant gave a receipt for them ; has had no conversation with the defendant on the subject of the goods ; has heard him say what the amount might be he owed the plaintiff; he said he thought he might owe him 500/. or 1000/. did not know which ; this was about the end of January; the value of the goods sent since is somewhere about 107/. ss. 4d. ; delivered them himself at Kapiti; delivered them personally to the defendant at the ship’s side ; has no receipt for them as the defendant went off in a hard wind ; it was blowing very hard from the south-east; has sent a list of the articles with a letter requesting receipt, but has not received one ; remembers all the articles perfectly well; the prices charged are the usual prices, fair and reasonable; they were fit, proper, and marketable articles ; the boat anchors went down in the vessel; the reason they were not charged is, because they were put on board by a labouring man who did not know what to charge; witness delivered them himself with other goods which are included in this receipt; thinks the price charged on this item is about 9/.; that is about the value of them. Cross-examined by Mr. Hanson.—The vessel was going to Kapiti and back ; knows nothing move of the anchors than that they were delivered in the boat; never saw them again. Andrew Broicn sworn. —ls residing at Mayhew’s Island; knows the defendant; remembers seeing the plaintiff at Kapiti about four months ago ; was present when the plaintiff paid some money to Captain Mayhew; it was about 70/.; remembers money being paid on the defendant’s account; it was for the use of goods the property of John Medares, deceased; Captain Mayhew is the administrator; the money was paid to Captain Mayhew; thinks it was about, 10/.; the defendant was not preseut when the money was paid ; he consented to the plaintiff’s procuring the use of the goods; the defendant had the use of the goods is not aware of any application for them on the part of the defendant; the charge was for articles on the station, such as try pots. John Wade sworn. —ls a merchant and auctioneer residing in Wellington; is connected with whaling establishments ; has seen the particulars of the plaintiff’s demand; the charges in those particulars are more moderate than those of witness in similar accounts ; only one item is charged above what is usual; the rest are fair and reasonable.

Cross-examined by Mr. Hanson.—The account is very fair, fairer than most accounts ; 12s. a gallon for rum is moderate if it be of good quality ; if the articles are good the account is fair and reasonable.

John Howard Wallace sworn. —ls a merchant residing in Wellington; has had some experience in whaling transactions ; had a whaling station last year, and has one this year; has seen the account between the plaintiff and defendant; it consists of whaling stores chiefly; has examined the account produced ; thinks that the charges are very fair; the articles were.nea.rly worth the money in this market at the time they were shipped ; considers the charges low; there is no premium charged on cash advances, which is very liberal. Cross-examined by Mr. Hanson.—The charges are reasonable supposing the goods are of the usual quality. This was the plaintiff’s case. Mr. Hanson for the defendant said, he should prove the execution of the agreement, and it would be for the Court to decide whether that was not a bar to the present action.

Joseph. By,rrell sworn. —ls clerk to . the defendant; knows plaintiff; remembers the plaintiff being at Kapiti in the mouth of July last year ; there was a’,Conversation'between the plaintiff and defendant in the hearing of witness; the plaintiff -delivered sbme goods to the defendant, and finding the'season .was likely to be a bad one, drew up the agreement produced; saw both plaintiff and defendant sigh the agreement. • Cross-examined by Mr; Ross. —At the time the agreement was signed defendant had boats' and whaling gear at Kapiti; they were in the defendant’s possession;

believes the defendant bought them from the plaintiff*; he has not given them back since to his knowledge ; has heard the plaintiff ask for the boats; at least he heard some conversation about them; ‘the defendant told witness that plaintiff wanted the boats as security ; he did not say whether he would give them up’or not; has heard nothing since ; the plaintiff did not-, want anything else to his knowledge; has never received directions to give up the boats or not to give them up; witness always keeps the books; sees the defendaift’s signature to the account produced ; has seen the account before ; it is an account of goods furnished to the defendant; Witness took an account of the goods before the defendant gave a receipt for them ; believes he examined the account, and that the defendant received the goods. Re-examined by Mr. Hanson. —The defendant is in charge of the boats and whaling gear. Verdict for the plaintiff for 474/., with liberty to the defendant to move for a nonsuit upon the agreement. Friday, April 7. CROWN SIDE. We give the following summary of the proceedings of the criminal cases to the latest hour of going to press:— William Jackson was indicted for burglary, verdict guilty. Patrick Mullen, William Root, Joseph Root, Dennis M'Artly, indicted for burglary, verdict guilty. Saturday, April 8. Richard Lockwood, John Coughlan, Harry Rogers, indicted for burglary, verdict not guilty. Monday, April 10. Edward Young, indicted for stealing from a dwelling house, verdict guilty.

We have extracted the following from the, Sixth Report of the Directors of the New Zealand Company, at a special General Court of Proprietors, held on Monday the 10th of October, which was specially convened for the purpose of considering a dividend : “ Your Directors will confine their Report to the special object of the meeting—reserving as on former occasidns, their general exposition of the affairs of the Company for the annual meeting in May. “ For particular information respecting the assets and liabilities of the Company, your Directors beg to refer you to statement C, appended to their Fifth Report, submitted to you in Mav last.

“ The transactions of this Company are necessarily of such a nature as to render it very unlikely that its returns in money should be steady and equable enough to admit of the payment of a dividend unvarying in amount. The assets of the Company consist mainly of land. That land in a state of nature, without population to reclaim and cultivate it, and without capital to sustain that population whilst thus engaged, is utterly valueless. With increasing population and wealth, the value of the land rise in a rapidly increasing ratio. But it may so happen, that in any,given Halfyear or even year, the operations requisite to give such value may absorb a large part or even the whole of the price realized from the sale of land within that period. Yet at the same time the value of the assets of the Company may have largely increased, and its prosperity be placed upon greatly extended and strengthened foundations. Having this view of your position and interests, your Directors are not discouraged by a temporary diminution in the demand in this country for your land. It is not merely that this Company could not expect to enjoy a special exemption from the influence of general causes of depression, but that the amount of money realized from sales of land in any limited period, is by no means the only, nor even the principal standard, by which the position of the Company should be estimated. Such sales, if pressed on at inadequate prices, or made upon unsound principles, though they might create a short-lived semblance of prosperity, and afford the temporary means of paying large dividends, would ultimately be in the highest degree injurious to your best interests. What is of paramount importance to those interests; is that whether, at any given time, sales be many or few, your measures should be steadily directed towards the grand object of enhancing the value of the vast property which you possess in New Zealand. Upon the energy and judgment with which that object is pursued, the prosperity of the Company must depend. Of this, as well as that the stagnation in the demand for land is transitory, your Directors have been so entirely convinced, that they have spared no exertions, during the half year just concluded, to pour into New Zealand that tide of emigration, both of capitalists and labourers, by which alone value can be given to your possessions in those islands, and by the continued influx of which that value may be almost indefinitely enhanced. They have combined with their efforts to this end whatever steps appeared to them best calculated to advance most rapidly, and to place upon the most secure foundations, the prosperity of the settlements which you have founded; being actuated to this course, not only by a sense of duty towards the colonists, but by the clear perception that every addition to the population and wealth of those settlements must enhance proportionally the value of the-Udjacent lands of the Company, although, as is obvious, outlay directed to such objects must interfere with the means of deriving a large immediate return from vour invested ■capital- But your, Directors are convinced that in the administration of affairs of such magni - tude as those of the Cbmpany, it would be the most short-sighted policy , to grasp at immediate large profit, at the expense of neglecting the permanent improvement of your possessions;

and they are happy to state that they have been able to give full effect to these views. ; During the six months under review, whilst-emigration to the old colonies of Australia has been almost entirely suspene'ed,, that of ;this Company has been carried oh without interruption, and upon a great scale. The result of these energetic proceedings have been most favorable. The vessels chartered for the conveyance of free emigrants, have also carried out a large proportion of capitalists,—the employers of labor. The latest accounts from your settlements represent them as eminently flourishing. Despatches received on the 6th -instant, from Nelson, state that the lands reserved for the Company in that settlement have already acquired considerable value from the general prosperity of the colonists. And during the period under review, an arrangement has been made with her Majesty’s Colonial Department, which will add no less than 100,000 acres td possessions. The Chairman stated, in reply to questions, that since the formation of the Company’s settlements, not fewer than 8,473 persons had been sent by their means. Since the junction of the Plymouth with the London Company, 50,000 acres had been sold in the district of Taranaki.

ON THE ASSOCIATING OF THE LANDOWNERS OF NEW ZEALAND RESIDING IN ENGLAND. TO THE EDITOR OF THE NEW ZEALAND JOURNAL. Sir —Fully entering' into the valuable suggestions contained in the third number of the Portfolio, for the prosperity of the settlements at New Zealand, I beg to hand you my card, and to express my readiness to unite-.in any well digested plan, for the formation of an association of the laud owners of New Zealand resident in England. My direct interest in the colony being too smail to warrant my taking any further part in this undertaking than as a subscriber, this must be allowed as my rear son for not attaching my name to this communication. Under these circumstances, I avail myself of your columns to express the opinion I hold, that a combination of those largely interested in these colonies, would do infinitely more good, in encouraging their prospects, in developing their resources, and in the procuring the more correct and regular transmission of the proceedings of the colonists, than the single exertions of individuals for years. You have already so ably sot forth the advantages which a union of action might, effect, and so clearly pointed oat the means of accomplishing it, that I trust the influential parties interested in the question will not let it rest, until we have an association of our interests from which, the land owners of New Zealand, residing in England, may derive an efficient protection to their interest in the colony I would suggest that so soon as you know of some twenty individuals who entertain a favourable opinion of such an undertaking, that a preliminary meeting should be convened, to consider how the measure can be best effected, and at which I should be glad to attend. 1 am, sir, your obedient servant, Amicus. [A preliminary meeting, such' as our correspondent suggests, will shortly be held, as far more than twenty individuals are favourable to the proposal. The meeting would have been held before this, but some parties, whose presence is desirable, are not in town.] LIGHT ON BOARD SBIP. Sir —Every person who has sailed in an emigrant ship knows the comfort and value of daylight between decks, and-.although various plans are adopted, I think that of conveying it by reflections from smooth white surfaces placed at certain angles would meet with success. The expence would be very trifling. This mode is used to convey daylight down a staircase to an underground floor in the St. Katherine’s docks, lamps or candles not being allowed. Your most obedient servant, N.