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CANTERBURY.

(FROM OUB OWN CORnESrOJfDENT.)

Christchurch, Dec. 13,1862,

I take advantage of the departure of the Queen to-morrow, with the English mail, to forward a few lines by way of postcript to the letter despatched on Thursday, by the Geelong. There is very little, however, to write about, except the proceedings of the Supreme Court, which during the last two or three days have been of great interest. Yesterday, a very important case, and one which has been before the Court, on and off, lor the last eight years, was at last decided, and on considerations which must so obviously, from the very first, have been leading features in the case, and main objects of counsel's attention, that I am at a loss to understand the extraordinary delay which has existed in settling it. The lawyers pro bably could, if they chose, afford a very simple explanation. The case in question is that o Regina v. Maclean, and the facts are briefly as follows. In 1853 W\ Maclean took a run under a license from Colonel Campbell, then Commissioner of Crown Lands. The licenses issued by him were subsequently declared illegal by the Government, and quashed. Another Commissioner was appointed, and the whole country re-distributed Nevertheless Mr. Maclean maintained the validity of his license, and refused to give up his run, and this action was brought on the part of the Crown to eject him, of course with damage for his illegal intrusion upon tho crown lands. The trial lasted two days, and various points of great interest were raised and discussed, especially one regarding the legality of the Governor's regulations of 1851, which Mr. Justice Richmond wns evidently inclined to regard as invalid. But the case was not decided on any of these ground, but on points which affected the validity of the license on the face of it, such as whether the necessary application had been made; whether the time specified by the law had elapsed between the application and the issue of the license; the signature of the license by the Commissioner instead of the Colonial Treasurer; the subsequent virtual abandonment of the claim by non-occu-pation of the country, &c." The Jud<r e in summing up, greatly disappointed a crowded court who were in expectation of a long aud ehborate argument, by stating that as the main questions were entirely of law, which it hiv solely in his province to decide, he shoud not trouble the jury by long le-il arguments in support of Irs decisio.i, but simply direct tnem that on some or all of the grounds stated by counsel, the licenses were null* void, and that their verdict must be tor the Crown, with such damages as they thought lit to award. These the jury assessed at L'2,otk). His Honor the Superintendent haa gone to Auckland for the purpose of procuring the Governor's assent to the L 500,000 Loan Bill, proposed by him aud adopted by the JPiwiiu-ial Council during the session just past. Mr Bo wen the Speaker of the Council, is appointed Deputy Superintendent during his absence. His Huaor has always appeared very confident that the Governor aud his advisers would readily be induced to countenance this measure, but I should not Ix: at all surprised if he found more difficulties in tn> way than he expects to meet with. It will be no slight difficulty, however, that prevents him canying out a scheme he has set his mind upon. The Water-lily, a barque of 591 tons,arrived in Lyttulton yesterday morning from London with a general cargo. She had put into Nelson to land seven valuable thoroughored horses, sluppnl oy Mr Robinson, which arrived at Nelson iv perfect health aud condition.

The weather continues terribly warm and dry. The farmers are calling loudly for rain, the want of which is apparent upon every description of crop, especially the hay crop, which this year is one of the lightest ever known here. Suoii a thing too as fat beef or mutton is unobtainable on accou.it of the scantiness of the pasture. Christchurch in such weather is a most disagreeable place of resideuce, especially after the Jxertions of our Municipal Council in forming the streets, for the dust is flying in thick clouds all day long,smothering all whojventure out of doors, and through every open window covering every thing within doors with a deep deposit. I fervently trust that it. will rain soon, or that our Municipals may hit upon the idea of starting water cirts about the streets. It is really getting almost unendurable.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/ODT18621217.2.20

Bibliographic details
Ngā taipitopito pukapuka

Otago Daily Times, Issue 310, 17 December 1862, Page 6

Word count
Tapeke kupu
760

CANTERBURY. Otago Daily Times, Issue 310, 17 December 1862, Page 6

CANTERBURY. Otago Daily Times, Issue 310, 17 December 1862, Page 6

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