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New Zealand Times, Volume XXXI, Issue 4793, 2 August 1876, Page 2

The Supreme Court sat in banco yesterday, the only case heard being Guignan v. Pell —a motion for arule nisi to set aside an order touching money in the hands of the Government coming due to the defendants, on the part of plaintiff, claiming to be a workman within the meaning of the Contractors Debts Act, 1871. The ground of such rule having been so obtained was that the plaintiff was not a workman within the meaning of the Contractors Debts Act. The plaintiff was a sub-contrac-tor, who had contracted to do the railway cutting at so much per cubic yard. Mr. Chapman (with whom was Mr. Hutchison) showed cause against the rule. The first ground was, that in the Contractors Debts Act the only person who could move to have the order varied, or sat aside, was the contractee within the meaning of the Act, and the Government in the present case. The second ground was that the plaintiff was a workman within the meaning of the Act, and Mr. Chapman cited the English Truck Act and cases under it, distinguishing it from the present Act. Mr. Bell on the other side contended that this case applied, and that the defendant, being a subcontractor, could not be considered a workman within the meaning of the Act; also that, although the contractor under the Act could not apply to have the order varied, yet there was nothing in the Act which took away the power of the Court to set aside the order of a Judge in Chambers, if it was of opinion that that order had been improperly obtained, or on insufficient grounds.—The Court took time to consider its judgment. Complaint was made in the Legislative Council yesterday of the slow manner in which business was being brought before it, Dr. Pollen assured hon. members that the fault did not lie with the Government. Important principles had come up for discussion, which it was necessary Bhould be decided in " another place," and business was therefore unavoidably delayed. We are informed that a serious landslip has occurred at the Wellington side of the Rimutalca tunnel, 3000 yards of earth having fallen in. This must seriously retard the progress of the work. Indeed, it has been already delayed a good deal by the almost constant rain, which has interfered with the work of the contractors for some time, by producing frequent slips, necessitating a great deal of their time being devoted to the clearing away the fallen stuff. The annual ball in connection with the Wellington Artillery Volunteers is to be held on Monday, the 14th inst. We have no doubt that as hitherto the ball will be a great success. A man named. John Ward arrived in town from the Hutt yesterday, on suspicion of lunacy, Stewart being the constable in charge of him. It is a case of drunkenness in reality, and will be adjourned for the purpose of giving the man time to recover. We heard last evening that a cabman of this city had assaulted two " fares," a man and a woman, opposite the railway station. It appears that the cabman having demanded a sura which was considerably in excess of his legal charge, the man produced a roll of notes, with the intention of paying him, whereupon .ho was immediately; knocked down !by the Jehu, who disposed of tho. woman (on her coming to her companion's assistance) in a similar fashion, landing her in one of those ; delightful pools which always stagnate in front of the railway station after heavy rains. We hope that the man, who, we are told, absconded, with a considerable sum of money, will speedily bd 'brought to justice.' A man-nar_ed John Barry, who was fined yesterday tor being drunk and disorderly bri' the evening previous, was subsequently arrested Wd tiharged with' larceny of a bottle of porter. He was remanded till Thursday.

The Borough Council of Oamaru invite tenders for £7500 worth of Corporation debentures, to bear interest at 7 per cent, per annum, and redeemable in 1886. A local journal regrets to learn that one or two cases of scarlatina which have made their appearance* io.,Masterton are of a malignant type. It would be well to avoid, as far as possible, all ohanca of blood or skin poisoning, the' latter being quite possible according to some medical writers. The Advocate states that trains were not able to run-on the Foxton and Palmerston railway on Wednesday last, owing to a portion of the line being flooded. A considerable quantity of the ballasting was washed away, but beyond this no further damage was done, and the trains were enabled to resume running on Thursday.. -