SUPREME COURT. CIVIL SITTINGS.

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 957, 4 October 1854, Page 3

SUPREME COURT. CIVIL SITTINGS.

Befoke His Honob Mb. Justice Stephen. Theee were two causes tried at this sittings of the Court. The first, Plimmer, v. Smith, was an action arising out of distress made by Mr. Plimmer on Mr. Smith's premises for balance of rent due in January last. Mr. Smith replevied the distress, claiming an abatement under a proviso of lease by reason of pax-t of the premises having become unfit for use. On trial of this replevin suit, the jury found a verdict for Mr. Plimmer, with a deduction of £68, which Mr. Smith claimed as a verdict in his favor. The accounts between the parties having been disputed, and Mr. Smith claiming that there was no rent due at the time of distress, his Honor suggested that a separate action should be brought to determine the abatement of rent from January, and all matters of account between the parties. This action was accordingly tried on Tuesday, the 26th instant, before his Honor and a special jury, when the jury found a verdict for Mr. Plimmer of £2 : 10 : 11. This verdict, we understand, gave Mr. Smith an abatement of rent of 355. from January to the 28th August last. The trial lasted three days. The second, Smith v. Plimmer, was an action between the same parties, Mr. Smith claiming damages by reason of Mr. Plimmer's having withdrawn his son who was apprenticed to Mr. Smith, from the latter's .employ. The same jury tried this cause, and they returned a verdict for the plaintiff £5 damages and costs.

We have been requested to publish the following letter by Mr. Wakefield, on the subject of compensation to the Working Classes : — Auckland, 2nd September, 1854. Mr Dear Sirs, — Since the indosed letter was written, political changesofpucligreat general importance haveoccurr«d,and they so much affect those of my constituents at the Hutt, with whom we cooperated in seeking compensation for the uncompensated, that I am induced to add a few hneg on the subject. . . ... I intend to address my constituents in » public manner, by the return of the " Nelson"-; and more especially about the Governor's determination to hand over the waste lands to the Provincial Governments, but not till after fresh Provincial elections, and about the intended* compensation of those who wer« neglected when the others "helped themselves :" but I wish now to Buggest that the members of our Compensation Committee should meet without delay, and give their serious attention to the following question:— What will be the beat means of enabling the uncompensated to brmg i forward their claims in the most efficient manner, I and with the least possible cost of time and trouble to themselves ? The Committee will be sure to recollect that the great bulk of the claimants are settlers who cannot afford to employ lawyers; whose time is equal to money; nnd who are not conversant with the ways of doing this sort of business. - The .object therefore is to hit upon some plun for supplying these deficiencies. The plan will not be a good one' unless it enable the working settler to make out his claim with but little coat of time and trouble, and us efficiently as if he were one of the Rangitiki Squattocracy. My own notion is that the claimants should co- operate, and appoint a committee, small in number but earnest in purpose, which committee) by means of a small

subxeriptim from each claimant, might employ some clever, active, diligent arid trustworthy person^ habituated to business, wwoijc for all the .claimants in preparing -statements of the grounds of their claims,. and of the evidence by which each should be supported. If Mr. King; of Wellington, could afford the tim* without charging for it according, to ita value to him, which is great, he would do the 1 work capitally. If not, I hope you will'find somebody whose time is not so valuable, but ifho resembles Mr. King in business ability and real for- his clients. Perhaps Mr. George Hart who, I Believe, 'does Land-Agency business, might be induced to undertake the 1 work as a matter of business. It should noi be a Hutt Committee, but should represent the claimants throughout the Province, except perhaps at Whanganni, where, probably, the settlers, being so far off, might form, a committee of their own. I do not suppose that you will be able to accomplish much before I have the pleasure of seeing you; nor that I shall be able to assist you materially ; but I will do my best; and it seems very desirable that no time should be lost in calling the attention of the settlers to this matter, to the end that what-must depend upon themselves, may not be behind hand when the commission of enquiry shall be appointed, as I .hope it will be by the steamer in which I shall return to Wellington. 1 am afraid that we must not rely on the Provincial Government for any real assistance, though if they truly represented the people (I mean the majority as to both) they would cheerfully provide the means of enabling the uncompeusated to make out their claims as easily as possible. There can be no dbubt, I think, that Dr.' Feathertton's assent to our views on this subject (before his election as Superintendent) was rather reluctant -than otherwise ; for, as Superintendent his Honor has never even alluded to the subject, except' as the Provincial Secretary promised in his name that there should be a Provincial Commission of Inquiry when the waste lands should be handed over to the Provincial Government ; a promise, which manifestly was given with reluctance, and onlyfor the purpose of averting discussion in the Council, of the whole compensation question, including such awards as that to Captain Daniell, and such cruel wrongs as that which was suffered by Mr. Harrison. But we shall probably be able to ascertain, before the Council meets in November, whether, a 9 the new compensation has now become inevitable, and a fresh election of Councillors is in the not distant prospect, the Provincial Government -will provide facilities for the .establishment of these most just and righteous claims. However, my only present object is to suggest that the whole subject of the means of affording facilities to the working class in making out their claims, should obtain the immediate and serious attention of all who are interested in the matter, whether as intending claimants, or as friends to the principles of justice and impartiality on which his Excellency's promise ii founded. And with this view, 1 authorise you to make this letter public, if you should see fit. I beg that, at all events, it may be shown to as many as,posaible of those who chose me to represent them in the General Assembly. I remain, my dear Sirs, Very faithfully yours, E. G. WAKEFIELD. To Messrs. Renall and Lawaon Potts, members of the Hutt Committe ooff f Compensation for the Working Settlers: P. s: 16th September. I have just left the Governor, after an interview on the subject of the Compensation claims. _ Mr. Travers accompanied me,- as the representative of the uncompensated in Nelson Province. His Excellency received us in the most cordial and friendly manner f and told us to rely implicitly on the promise contained in his speech at the opening of the second session. The Commissions are not ready ; but his Excellency assured us of his intention to issue them, and took down the names of seven proposed Commissioners. I doubt not that the appointments'will go to the South by the next trip of the steamer. Attempts have been made to induce the Governor to make light .of his public and solemn engagements in this matter j but the design, has failed, as any one might have foreseen, who is acquainted with' Colonel Wynyard's honorable and mauly character. The failure of the •(tempts to make him forget his word' as Governor, remind'me of the lines (you will remember them), which the Mayor of an English town addressed to Queen, Elizabeth after the defeat of the Spanish Armada— " But quickly your Majesty made it appear, The Spaniard had ta'en the wrong sow by the ear." However, I should not be surprised if our Provincial Government, in order to take some wind of popularity out of His Excellency's sails, were to issue a Provincial Commission prof essing objects similar to those declared by the Governor. 1 therefore pray of you to b_e wide-awake. This work of justice ought to originate with, and be done by, those who sincerely believe it to be just and right; not by any who have heretofore thrown every impediment in. the way of its success. I have not time now to describe how a Return, intended to lay open the mysteries of the old Com,pensation, which Mr. Ludlam and I moved for in the House of Representatives, has not been obtained ; but an account of the transaction will be a rich treat for you when we meet in public at the Huft. lam assured of the determination of the Government that the return shall be made. The expediency of looking after these things myself,, is one of my reasons for not proceeding to the South, by this trip of the Steamer. Let our friends be confident that I will neglect nothing to redeem my pledge to the constituency which sent me hither. With proper attention on the part of those interested throughout our Province — that ia, of all classes, who suffered, and were either not compensated, or fobbed off with a sham of compensation — success, a complete success, appears now quite certain. Only, 16t us never forget the proverb which says — " Heaven helps those who help themselves!" On second thoughts, in order to save time iv making the claimants aware of the call for vigilance and exertion on their part, I am inclined to send a copy of this letter to Mr. Stokes, with a request for its immediate publication in the Spectator. The Independent would rather shut tip shop than print the announcement of a victory over the attempts of its well-compensated patrons and writers to defeat our object. . Mr. Travers, w-ho has been indefatigable in maintaining the Nelson claims, and who, as a member of the Executive Council, was one of the advisers of His Excellency's Speech, thinks that the claimants ought to lose no time in addressing their thanks to the Governor for his just and generous consideration of their wrongs. I offer no cpinion on that pom*, as we both feel that it is one which should rest with the parties themselves. E. G. W.