Untitled

Poverty Bay Standard, Volume X, Issue 1109, 29 July 1882, Page 2

Amongst other interesting items connected with the Auckland Crown Lands Board, we extract the following : — Patutahi. •— Mr Sunderland, chairman of the Patutalii district wrote, asking for a cemetery site reserve.— Granted.

We yesterday called the attention of the Borough Council to the state of that portion of Gladstone Road under their care. This morning, at the request of several gentlemen interested in the well-being of the public roads, we extended our travels as far as Ormond. Knowing as we do, the financial position of the Cook County Council, wo cannot undertake to use censure, which would apparently be the object with which we were asked to make the inspection * but we may offer advice, and in doing so we offer it in the form of suggestion, leaving it to the members of the Council to consider the value of it. We would recommend that the Council at once undertake the immediately necessitous works of repair, and request the Government in unmistakeable terms to give them a grant in aid of such work. This must be supported by such incessant application as will actually worry Her Majesty’s Government into giving us a portion of those moneys which we are legitimately entitled to, and which should have been offered without forcing us into the humiliating position of beggars. It is needless for us to recapitulate the facts which support us in our right to demand this assistance. They are too well known to the public to need further ventilation. We should be glad if the public would express their view of the question, which, wo feel sure, will very nearly dove-tail with our own.

The footballers will leave Napier by the Arawata to-night, and return here to-morrow morning. Mr Warren, the obliging Clerk of the Cook County Council, we are pleased to see has recovered from his indisposition, and has again resumed his duties in connection with the Council. In a New Zealand Gazette of the 13th inst. is published a notification to the effect that Her Majesty has ceased to have any interest in the following blocks of Native lands in the Auckland provincial district: —Pakiri, containing 31,408 acres; Runanga, No. 2, in the Taupo district, containing 45,100 acres j Whakapaupakipi, 20,000 acres • Arakihi, two blocks, in the Poverty Bay district, containing 400 acres and 720 acres respectively j and Waihau, in the Upper Wairoa district, containing 1000 acres.

“Oh where and oh where has our ten thousand gone ? ” This was the song we heard this morning warbled by a gentleman who was desirous of crossing Gladstone Road. He was old and feeble, and at the place he desired to cross there was a perfect lake over which he could not jump and into which he did not care to plunge, The water table of this road notwithstanding the money spent upon it is in a most disgraceful state and must be at once attended to by the Borough authorities. If not we shall certainly want to know the reason why ? And Councillors may rest assured we will discover it.

The Rev. George Sanger, vicar of Carlton-in-Cleveland, who was apprehended in London on a charge of having set fire to his own church, and who was discharged, has since been charged with certain offences against the ecclesiastical law, and brought before the Archbishop of York for judgment. The Archbishop lies suspended him “tib officio et beneficio" for u term of five youri,

We subjoin hereto the finale of the case McDevitt v. Cook County Council, reported in our yesterday’s issue, as being thoroughly interesting to our readers : —Mr Kenny, in reply, said, that the Council had no doubt laid down this tramway with a sincere desire to benefit the public, but it was nevertheless an illegal act, and they had been obliged to come into Court and confess that it was so. They had wilfully and illegally obstructed the Queen’s highway, and the plaintiff had met with these severe injuries in consequence. Under such circumstances, the Court would not be nice is estimating the amount of damages. It would give vindictive or exemplary damages in such a case as this. There was a case (Mesest v. Hervey) where a jury gave £5OO damages for knocking off a man’s hat, and yet the Court refused a new trial (Addison on Torts p. 905). In Ashby v. White, Holt, C. J., said a damage is not merely pecuniary, but an injury imports damage though a man don’t lose a penny, as if a man gives another a cuff on the ear, though it had cost him nothing, or only a little diachylon, yet he should have substantial damages. The damage could not be remote if it flowed from and was the natural and reasonable result of the defendant’s act (Mayue p. 39). Thus if a railway company by their negligence caused injury to anyone, in such an event not only the immediate pain and expense caused by the accident but any consequent incapacity to attend to business would not be too remote (Mayue p. 41). Again any injury causing disability from future exertion and consequent pecuniary loss is a ground of damage (Mayue 405). Here this poor man had suffered great pain and loss of sleep j he had been confined to the house for 14 aays, and only just able to hobble about for 3 weeks more, and when he made a plucky attempt to work he broke down. The Council were wilful and deliberate law-breakers, and if, as he contended, the damage was not too remote, the Court, he submitted, ought not to be nice in estimating the amount of the damage.—His Worship said the first item was allowable, the wrong arose from the defendants having the engine and tramway on the road. The next claim of £2B for 28 days’ confinement; that clearly flowed from the wrongdoing of the defendants. The plaintiff after leaving his house was clearly unable to perform his daily labours. It was clear that plaintiff was entitled to claim for the 28 days, as he had to bear to an extent for which he should be compensated. On this head he would allow 15s per diem or £2l in all. With regard to the item £7O 8s 6d, he thought the claim too remote. The claim was prospective, in so far as the contract of which plaintiff alleged he was a loser, might never have been given to the plaintiff at all. The Courts must always be satisfied that the claim was a due one. There was nothing to shew that in this case. Ha would give a verdict for £22 Ils 6d, with costs of Court, £4 Is, and £6 7s counsel and witnesses* costs. We are informed that the wire across the mouth of the Big River, over which Mr Fred Nelson intended to journey again, parted at 2 o’clock to-day. The feat, if the wire can be made secure is, we understand, to bo attempted on Saturday next.

Mr J. H. Stubbs has in his window and also inside, a large and varied assortment of Japanese goods, recently imported, and which for workmanship, tasteful design, novelty, and actual value as curios, never has been surpassed in Gisborne, One of the first things to attract the oyo is a particularly handsome eporgne, which in itself is sufficient to draw attention, but in addition may be seen Japanese Cabinets (one of which contains over 550 pieces) of bronze, silver, and stone, bronze pot pourri jars, antique bronze and iron vases, clorisonnee vases, incense pots, bronze statuettes, Japanese household Gods, Dragon and Belleefc China teapots, Bohemian and Ford’s crystal glassware in all varieties, and beautifully designed. In fact, if we were to enumerate all the curios that Mr Stubbs is in possession of we would have to exclude other matter, Our readers should see for themselves.

The Manager of the Southern Cross Petroleum Company has received a letter from the District Survey Office to say that the Government have instructed the work of forming the road already surveyed between Tnparoa and the Waiopu River, opposite to the Rotokautuku block. The rood is 4i miles (about), and the sum of £250 or more is subscribed privately. The Southern Cross Company pays £lOO, the County Council £5O, Colonel Whitmore, Mr Milner, and others interested in property in the neighborhood, the balance. The Government then agrees to lay out an equal sum, this will make a permanently good road for ordinary traffic, and will much lessen cost of carriage to or from the oil springs. Young ladies anxious to enter the matrimonial lists are recommended to peruse the following advertisement, clipped from the “ N. Z. Herald ” “ Matrimonial, —A single gentleman, North of Auckland, age about 30, blessed with good looks, and, more important still, an excellent constitution, attributable to working hard, and never from his birth having touched intoxicating drinks or tobacco, seeks a life partner. He is not insensible to comeliness of form, but is mainly anxious that his wife should be a Christian lady and a Protestant. His references are two well-known clergymen of the Church of England. He has possessed himself of a few thousands of pounds, through his industry. Photo., and all particulars, at Hannaford’s Agency. Inviolable secrecy assured.”

The London “ Standard’s ” correspondent at Brussels says that the further researches which the officers of justice have been making into the recent robbery in the King’s palace have resulted in showing that the plunder carried off by the thieves is far larger than was at first supposed. Besides the four pictures already mentioned, a considerable number of articles of gold and silver, and a quantity of valuable jewellery, have been stolen from the Queen’s apartments. The police have picked up one of the objects that had been abstracted j but amongst the jewellery still missing are three valuable gold brooches, studded with brilliants, gold hairpins with diamonds, sapphire, and other articles of value, No trace has yet been found either of the stolen property or of the burglars. It is stated dn very good authority that Sir Arthur Gordon will resign the Governorship of New Zealand immediately on his arrival in England, and will be succeeded by Sir G. C. Strahan, the present Governor of Tasmania, and who is one of the most popular Governors Tasmania ever had. Sir G. C. Strahan will probably be succeeded by Mr Pope Hennessy. The destruction of the Khedive’s palace at Alexandria (says the Otago Daily Times) is an unfortunate circumstance, which, however, from its close proximity to the forts, could not have been avoided. It was a large building, situated an the left of the harbor, near the entrance. The forts next to be attacked are probably those situated on a considerable eminence, more than a mile from the head of the harbor, to the south-east, and which command both the city and upper harbor. Some few years ago there wm an explosion of gun-cotton in the magazine of these forts, whioh spread devastation around, The probability is that these forts cannot be destroyed without doing much damage to the city, but the British Admiral is evidently determined to secure the full control of the harbor, and by landing a force, to destroy the guns in the ilisunautlua forts, will put it out of the power of the Egyptians to renew the unequal ountyst.