NOTES AND EVENTS.

Southland Times, Volume III, Issue 229, 16 March 1866, Page 4 (Supplement)

NOTES AND EVENTS.

The case of M'Nab y. Mecfcan, and others has been argued in Dunedin before the two- Judges — Richmond 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 ground that the sum was awarded for losses not attributable to, or caus> d by 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 sometimes 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 ha 3 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 beeu 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 rnpossibie 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 ".Richmond : I concur. Rule discharged." before two o'clock, and steamed well jup the stream until after rounding the first bend . past Coal Creek, when the increased rapidity of the current had a perceptible effect on the progress of the little craft. Still, however, she breasted the stream bravely, and it was hoped she would successfully surmount the first rapid at Snag Falls. At this stage, most unfortunately, the main shaft became heated in the bearings, and it was found necessary to stop the engine, and of course the boat rapidly drifted down stream, and it was deemed inadvisable to renew the attempt. The Northern Association, at Auckland, has just published "some considerations having reference to the approaching elections," as submitted by the Council, and agreed to at a genera meeting. The following is the substance of the document : — " It is fitting that each representative should be pledged to the support of Separation. It is so for these reasons : — Because the people o. this province have shown themselves to be unanimous in favor of Separation, and because the necessity for a combined effort still continues. A beneficial change, it is true, has been already effected. A Colonial Administration, incompetent to manage aright the affairs of the Colony, and hostile to the Province of Auckland, has been replaced by the able and impartial Government of Mr. Stafford ; the colonial finances are consequently in process of being restored to a healthy condition ; and an important instalment of selfgovernment has been acquired by this Province, in the present position of its provincial administration. But a much farther extension of selfgovernment is yet to be attained, while for the continuance of what we as yet possess we require guarantees. As former experience proved that we could not be well governed from Downing street, so also we have found that we cannot, in the existing condition of this island be rightly governed from Wellington. The a airs of the native population especially are of such a kind that they cannot with safety be administered from a distance, or controlled by the people of the South Island. The electors of this province are now called upon to show, that while they are prepared to support, as far as practicable, the Government of Mr. Stafford, they are at the same time determined to prosecute their claim for complete selfgovernment. It is therefore requisite that at the forthcoming elections each representative should be definitely pledged to the support of Separation. It is at this juncture extremely desirable thateach of our representatives should give the following pledge to his constituents : — First, that he will attend throughout the session of the General Assembly, unless in the event of his absence being approved by a majority of the Auckland representatives ; and secondly, that in every case of a majority of the Auckland representatives deciding that a certain course of parliamentary action is requisite, the individual representative will concur in carrying out that course. The exceptional circumstances in which the Province is placed require exceptional remedies. The pledges above indicated, amount simply to a promise to abide faithfully by a method of procedure appropriate to the crisis, and already found to be beneficial. We take the following from the Canterbury Standard 23rd ult. — " Electoral. — The result of the election at Akaroa for a member to represent that district in the General Assembly is that Mr. G.. Armstrong has been returned by a majority of 4 over Mr. L. Walker. We vhink most people will agree with us in thinking there are many reasons why this result should be deeply regretted, j But Akaroa has, before this, been eccentric in its choice of representatives both for the Provincial Council and General Assembly. We notice that Mr. E. H. Rhodes has consented to be put in nomination for the representation of The Bays district in the Provincial Council. Mr. E. R. Simmons offers himself to the electors of the Sefton district. Sir David Monro, Speaker of the House of Representatives, has been returned without opposition for the Cheviot district in the General .Assembly ; and we may assume, although we have no positive information to that effect that Mr. Moorehouse has been returned without opposition for the district of Mount Herbert, late Ellesmere. The nomination was yesterday, and the polling was to take place to-day . if necessary. We understand that Mr. Prosser is likely to be chosen of Westland for the General Assembly. A requisition to Mr. Sewell to stand for Lyttelton in the General Assembly is in course of signature. In reference to the coming election, the Oamaru Times says : — " Judging from the present aspect of things, however, appearances are decidedly against us. JSTo one has as yet come forward as a candidate ; those who have been asked to stand have declined ; and, indeed and in short, matters are in anything but a satisfactory state. We imagine the electors are beginning to feel chagrined — we were on the eve of saying disgusted— at the non-success of their efforts to secure a " fit and proper person " to represent them. Perhaps they have reason to be so ; but in whatever light we regard the whole case, we believe there never was before such an example of a constituency going a-begging as Oamaru at the present moment presr-n:s. , We would at the same time desire to exculpate in some measure the electors from such a stigma as lack of interest in the subject, for really, although they have accomplished little or nothing, wo know that not, a few of then- number have ken " working." We are much more disposed to lay the onus on the shoulders of those gentlemen who, from their position, influence, and other reqtusites, may be considered fit men to be elected. If not to want of interest on their part, wo can ascribe their inaction and taciturnity to nothing but a disposition to cenquet with the cons>tituenc;- . This is neither wise nor desirable, and we hope will no longer be persevered in. There is time yet for any candidates to come forward and make known their views on the important question of the day, and it is to be sincerely hoped that they will announce their intentions and policy as soon as possible before the day of nomination arrives. We would put one simple question to the electors on this subject: — In the event of a "walk over" by a candidate holding views at variance . with, or not altogether consonant to, those entertained by themselves, how will they bo able to reconcile their practice with their professions ? n

The Wellington Advertiser has given currency to a report that Mr. Justice Eichmond was likely to resign his judgship arid seek to return to the General Assembly. The Press thus pithley and wisely comments upon the report. It says : — "We have heard the report referred to, but refrained from noticing it, because we did not believe it. We cannot but express a hope that the whole rumor has arisen from a mistake. It would constitute a precedent of the worst kind should the judges of the Supreme Court be mixed up with politics of the day. Mr. Richmond quitted public life, and resigned his seat in the Assembly. : He was shortly after raised to the Bench, and has filled the position with the utmost satisfaction to the public and the profession. If the principle were once admitted that a Judge could descend from the Bench and engage in party struggles, it is impossible but that the chance of some day doing so would be more or less present to \a* mind during the time he filled the office. Even if the Judge could wholly emancipate himself | from such an idea, the public would always be embarrassed by the feeling that the possibility of - again interfering in party politics more or less tendered to fetter the^ independence of the Judge, and that he was not wholly free from sympathies . with one or other of the parties, into which the colony is divided. We cannot help thinking that these would be the views entertained by Judge Richmond himself on this question, and that the report referred to has emanated from some who have allowed their wish to see him again in public life obscure their judgment as to the consequences nvolved in such a step."We extract the following from. Melbourne Punch : — " Lately there died in Dunedin a Crimean soldier :who was a Knight of the Legion of Honor, who wore the Crimean medal, with a ladder of clasps, and who possessed the medal and cross of the " Order of the Medidje." He had done wonderful deeds in the Russian war, and was altogether a hero of the first water. Has rank was that of a full private in the British army, and a sergeant of police in the New Zealand service. You see, therefore, how delicately both the home and Colonial authorities/ preserved the lustre of his reputation. In France he would have been made a captain, a colonel, a general — perhaps a marshal ; and thus his indidual renown would have been lost in the false glitter of artificial distinction. But we manage these things better in England. We do not complicate a man's greatness by adventitious circumstance. A private, though a hero, remains a private ; and thus the simple greatness attaching to his name suffers no impairment. And yet you find people abusing the system which does not embarass heroes by artificial distinctions that are to be had withont any heroism at aIL If James G-rennan had bnen transformed into Captain Grennan, he would have been confounded with a crowd of captains who never killed an enemy in. their lives, and who devoutly hope never to be obliged to kill one. The hero would have been lost in the title, and his death might have been unchronicled. Let us be glad, therefore, that we have so much better a system that the French, and that our heroes go down to their graves "unhonored" with honors that are of no real value. We clip the following from the Canterbury Press : — " Mr. Sewell having announced his intention of not standing again, a numeorusly signed requisition has been got up in TaranaH and forwarded to Major Richardson, requesting him to allow himself to be nominated as the representative of that district in the General Assembly. Wo reply had been received from the Major up to the 17th ultimo. A most extensive and destructive fire has taken place in Maclaggan-street, Dunedin. It ia estimated that about £20,000 worth of property has been destroyed, very little of which was insured ; upwards of thirty houses were destroyed, and many families left penniless. The origin of tHe fire has not yet been ascertained. It commenced at the Caledonian Boarding House, and a strong wind blowing spread with rapid progress up the street, and also downwards and at the back reaching almost to High-street, sweeping away everything before it — flakes of fire being carried into Staiford-street. It cleared the whole block from the Sandinavian Hotel to Toinlonson's Stables which were also consumed. There were many other suffers who cleared out furniture &c, which in the excitement waa much damaged. The following will show a very small amount was insured. The insurance companies losses are : — Royal, £200; New Zealand £1,200; Imperial £750 ; Australian, £300. Mr. D. Main, ba-rrister-at-law and a squatter is a candidate for the goldfields of Otago, and has issued a liberal address. He advocates Separation — financial and legislative ; local municipalities ; reduction of the gold duty ; agricultural leases ; ■ Port Chalmers as the Port of call for the Panama steam service ; free admission into the Province of machinery ; and last, but not least, the rereal of the 28th clause of the " Goldfields Acts Amendment Act, 1865. Th 9 following is extracted from the Australasian -. — " Ever since the Crimean war, the. Russians have never ceased then.' efforts to strengthen the fortresses and fleets on the Amoor. From Nicolaveitch to Sydney is about three weeks steaming. Nearer at hand, the French are making a second Gibraltar of New Caledonia. Without having as yet attracted any but a passing notice from the Australian press, they have erected, and are erecting, works which hang like athundercloud as a perpetual menace over our ports. We may as well be prepared for all eventualities. If it be wise to insure against fire, it is certainly wiser far to insure a nation." The mining progress in the Lake District is steady and encouraging ; new discoveries are continually made, the most recent of which is thus noticed in the Walcatip Mail. It says : — " Rees and party liave discovered three separate lines of quartz running close to one another at Moke Creek. One reef is about three feet through, another'about the same, and another about four feet." The Grey River Argus, of the 10th inst., says s • It is with no slight feelings of regret and disappointment that we have to record the present failure at the attempt to establish steam communication on the upper waters of the Grey. We announced in our last that the paddle-wheel river steamer Woodpecker would nu.ke her trial trip on Weduesday. The occasion was regarded with considerable interest by the public, and more especially so by the owners ; and a number of gentlemen connected with, the mercantile interests of the port and in the up-river trade accepted the invitation of the owners to be present. The steatr,'er started from the Greymouth side shortly The Daily Times of the 30th iustantthus comments upon the Bluff Telegraph office being closed when the English Hail arrived. It says : — " According to present, arrangements the Electric Telegraph in New Zealand is but a costly toy. There is no reason, excepting official routine, why the public were not in possession of the English mews in our yesterday's issue. The Otago, with • the mail, was at the Bluff at 7.30 on Sunday evening, and the intelligence was not transmitted, merely because the Telegraph Office closed at six o'clock. In ordinary circumstances it might be too much to require an operator to be constantly ' on the spot ; but for the Telegraph to be useful, one should always be within call at the different stations on the line, and especially when the arrival mail is hourly expected. In other colonies such is the practice ; and had such delay occurred in Adelaide or Melbourne, the Manager of the Telegraphic Department would have been called to a deservedly severe account. The Lake WaiTcalip Mail says : — " The construction of the new road on the other side of the ri » r er between the Roaring Meg and^Frankton is agnin at a standstill. Mr. Eirby. the contractor cr removing the Nevis Bluff, having had, we hear, some dispute with the road engineer, started for Dunedin in order to set:le thi.-, aud up to the present time nothing further has been heard of him." The telegraph line to Hokitika was opened on Saturday and messages sent right through for about an hour, when communication was, by some accident to the wires about twenty milea beyond Christchurch, stopped..