WELLINGTON.

Southland Times, Issue 1755, 17 June 1873, Page 3

WELLINGTON.

(eeom ottk own cobbespondent.)

May 24,

The Court of Appeal opened its sittings on 12fch May, the judges present being Chief Justice Arney, Mr Justice Gresson, and Mr Justice Richmond. The first case heard was Holmes and Co. v. Rolleston (Superintendent of Canterbury). The arguments in this case — by Mr Travers for the plaintiffs, aud the Attorney- General and Mr Garrick for the defendants — were completed the firsfc day, and the Courfc then took eight days to consider its judgment, which was delivered last Wednesday, the Bench having been reinforced in the interim by Judge Chapman. The case was of the last importance to all government contractors — General or Provincial — so I must give a somewhat fuller account than usual. Divested of legal technicalities, the case stood thus : — Plaintiffs (Holmes and Co.) were contractors for Lyttelton railway; engineer reported an alteration in line (straight course instead of curve) essential for public safety ; defendant (Superintendent, then Moorhouse) ordered the contractors to make alteration ; they did so, and sent in a bill of £23,000 ; charge not disputed, but reply was, "no authority to pay it — Council has made no provision, and did not authorise alteration ;" action entered ; defendant objects "no legal ground of action ;" replication by plaintiff ; demurrer by defendant ; referred to Court of Appeal, which decided unanimously : — (1) That no Superintendent can enter into a contract without the specific authority of his Provincial Council, aud (2) without a specific vote of money for the same." So the contractors were informed they could not recover their payment, and they accordingly lose their "£23,000 principal, over £11,000 interest, and above £1000 costs, in all, some £36,0-0, which probably will be a warning to future contractors to ascertain (1) if the Provincial Council have specifically authorised that specific work, and (2) if it have also voted a specific sum for the specific payment of that specific work (pardon the horrible tautology. I had left out a few " specifics," but one of the counsel happened to see my notes, and, with a face full of horror, jotted them in in pencil about every other word, so I presume they are of vital necessity). No doubt this is good law, but all I can say is, that ifc falls confoundedly hard on the unlucky contractors. The second case, Clayton and others v. Morrison and others, the famous Blue Spur case, is now in full swing. The opening argument, by Mr Barton, (Dunedinj has been going

on for several days, and is still unfinished ; another godsend to the bar !

The University Council sat for a week or two, and passed an infinite number of resolutions, admitted several suppliants ad eundem gradum, and then decided to admit no more this year, to the intense disgust of one or two who applied too late. The University authorities are naturally indignant that the rival claim preferred by the Dunedin College — misnamed the "University of Otago" — should have lost the real New Zealaud University its Royal Charter.

Happily, we have had a few showers and some short breezes, which, although not enough thoroughly to purify the town, liave yet done good, and the epidemic low fever is abating. Cases still recur, but the virulence is clearly lessening. The fineness of the season has been wholly unprecedented. I never saw such splendid weather continue without break for so many months, and certainly Southland might advantageously take a lesson from our winters, which contrast most remarkably with those experienced in the southern couutry. Snow here is unknown, and frost almost ; delicate plants bloom throughout the whole winter.

Music has been very prosperous. The Choral Society's performance of Sir M. Costa's oratorio " Naaman," drew an immense crowd ; numbers were unable to gain admission, and the crash inside was very severe. The oratorio was received with enthusiastic admiration and applause, which even went to the length of vociferously encoring two pieces (considered scarcely an orthodox proceeding in sacred music), viz , the contralto song, " I dreamt I was in Heaven," delightfully sung by a young lady with a charmingly fresh young voice, and, secondly, the great tenor scena for Naaman, " What meaneth he," ending with the longsustained upper A, sung by a quondum Southland tenor. The soprano songs were beautifully given, and the three bass airs very fairly, although a little more power would have been an improvement. The oratorio lasted about 1\ hours. So great was the sensation it made, and so many wera disappointed in obtaining tickets, that the public absolutely insisted on a repetition, which accordingly took place last Thursday, before a most brilliant audience, resplendent with gorgeous uniform and gay dresses. His Excellency and suite attended both performances, received with the usual formalities. On the second occasion, the judges, and the captain and officers of 7H.M.S. Rosario were among the listeners. The choral singing was really splendid, the confident way in which the fugal leads and the trying intervals, the chromatic progressions and passing discords, were boldly attacked, and the neatness with which they were finished and all the difficulties surmounted, especially in that crucial test, " Mighty Eimmon," reflected infinite credit on the Society, the singers, and above all, on the skilful conductor, Mr Mowbray. The band was* on the whole satisfactory, and Mr Raymond, as ever, a most efficient organist. The production of so grand and exacting a modern work as " Naaman" for the first time in its entirety in New Zealand, may justly be regarded as a great musical event in the history of the Colony.