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[From the Auckland papers we learn that the Separation question is becoming more and more favored. It appears tnat the Council of the Northern Association have drawn up an address to the electors of the Province of Auckland, calling on them to demand from the candidates, j pledges that they will support Separation ; that" each representative will attend throughout the session of the Assembly, unless in the event of his absence being approved of by a majority of the Auckland members, and that in every case of a majority of the Auckland members deciding that a certain course of parliamentary action is requisite, the individual representative will concur in carrying out that course. The following are the particulars of the progress of "the elections in that province : — Colonel Haultain is a candidate for the district of Franklyn in the General Assembly. Mr. Thomas Russell has declined to come forward again for the City East, and Mr. A. Clarke has been elected, without opposition, for that district. Mr. Georga Graham has offered himself to the electors of Newton. Mr. W. Buckland has retired from Eaglan, and Mr. J. Newmans -name is mentioned in his stead. Mr^ Whiteaker is to have Parnell. The competition for the prizes given by the S.R.V. company took place on Monday morning, the 26th January. The following are the totals of the scores made, viz. : — Captain Harvey, 34; Private Laing, 46 j M\Kellar, 37 ; Dunlop, 32 ; Corporal Scandrett, 28 ; Henderson, 27 ; Chance, 22; Sergeant Rose, 12"; Hay, 9. Laing is therefore the winner of the first prize, McKellar of the second, and Captain Harvey of the third. The prizes will be presented to the successful competitors by Captain Junor, on Wednesday, 28th February. The presentation meeting will be held in Messrs. Henderson and Bonar's store,. Eskstreet. The Melbourne Argus of the 2nd inst. reports that the Victorian Q-overnment had made arrangements to resume payment on that day — this time, not by means of advances from the London Chartered Bank. The case of M'Nab v. Meckan, and others has been argued in Dunedin before the two Judges — Eichmond and Chapman — when the verdict was confirmed. It will be remembered that in this case which was heard in Invercargill a verdict was given for the plaintiff, damages £300, but leave was reserved to move to reduce the damages to £230, on the gronnd that the sum was awarded for losses not attributable to, or caused fey the breach complained of in the declaration. ; After the arguments on both sides had been heard, the following decision was given: — Mr. Justice Chapman : I have not altered my impression of the case as stated when the rule nisi was obtained. Difficulty sometimea appeers to arise from the fact that the damage does not flow from the breach — that it is something arising as a consequence. If a man gives another a blow on the head, and that other has consequently to pay a doctor's bill, the cost is clearly a damage subsequent to the breach. In the present case, we have to refer back to something that would not have been in the nature of damages if there had not been a breach. The expenses in question were necessarily incurred by the plaintiff in endeavoring to carry out the contract. If there had been no breach, he would have borne them^ hoping to recoup them from the price for which he sold the sheep at Hokitika. By the breach, these expenses are rendered abortive ; and the only possible question now is whether or not they art too remote to ; be recovered from the defendants. I think that they are sufficiently connected — that they come within the first branch of the rule laid down in Hadley v. Baxendale. They could not have been altogether contemplated at the time the contract was made because it is impossible to foresee exactly what expenses may be converted into damages, technically so called, by reason of the breach. I think we can see here, that the expenses in question were so connected with the endeavor to ship the sheep at the proper time, that after breach they become damages necessarily connected with the breach. Therefore, I think that the rule must be discharged. Mr. Justice Eichmond : I concur. Eule discharged." The Press in commenting upon the working of the Native Land Act of last session, says : — "By a Provincial Government Gazette, of Auckland, we # # # # * that the Native Lands Act of last session is becoming a great reality. We find long notices of claims by Native owners to have their titles to land investigated, the great majority of which will thereafter be held under individual title, and probably a good deal of it under Crown Grant. The great work of the individualisation of Native title has thus begun in earnest. But amongst the names of those who thus claim the benefit of the new Court we see no less a name than that of William Thompson, who applies to have the title to his land in the Thames V alley including his place of residence Matamata, thus placed under the guardianship of English law. This is an event of the utmost importance to us here as weE as to the North ; to the Northerners it means a free trade in land with the Natives, and a* power of penetrating into the country by peaceful means which "was has. only impeded j to

us in the Souta it means fresh guarantees, for peace, and an end to that war expenditure whi«h has pressed so disastrously upon us. The Native Lands ict of 1863 t will prove an era in the- history of the colony." A cricket match between the town and country players will take place this^ day on the cricket ground. The stumps will be fixed at 12 o'clock. We would remind the public that the Bazaar in aid of the funds of the Church of England, will commence at 12 o'clock this day.- We believe - great efforts have been made to make this the greatest of all bazaars, and the attendance will doubtless be large. We understand that Mr. Frederick Nutter Has 7 been appointed . Inspector of Bankruptcy under the provisions of the Debtore and Creditora Amendment Act, for the province of Southland. The following is the state of H. M. Gaol for the week ending,' Tuesday, the' 27th current :—Sentenced to penal servitude, 7 males ; to Hard labor, 7 males and 4 females. Lunatics, 5 males and 1 female. Debtors, 1 male. r TotaJ, 20 males and 5 females. Received during the week, 2 males. Discharged, 2 males and one female. Decrease for the week, 1. '■- •'•■■-' -'-'■' - : "-

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/ST18660228.2.10

Bibliographic details
Ngā taipitopito pukapuka

Southland Times, Volume III, Issue 222, 28 February 1866, Page 2

Word count
Tapeke kupu
1,110

Untitled Southland Times, Volume III, Issue 222, 28 February 1866, Page 2

Untitled Southland Times, Volume III, Issue 222, 28 February 1866, Page 2

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