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Colonist, Volume III, Issue 307, 28 September 1860, Page 3

To the Editor of the Colonist.

Tune— ' If y'r fond of pure vexation,' <fee, 'L-a-w—law.'

g lß —* Holdaway v. Levien: verdict for the plaintiff'—again! No. doubt a proper decision: this case .not. being a. merely executory contract, where, until acquiesced in v a principal is not bound by his unauthorisea agent's act, But hero it was

an already executed contract~not at all executory, which, as Mh'Adams properly remarked, made all the difference ; for if an agent contract, even in his own name, for thp benefit of another,, mo^t undoubtedly either he or the party benefitted may be sued (and so it is: with us at Ecclesfechan-r----hiccup). ; Here, in fact the goodsiwere actually delivered by the plaintiff to the defendant, and on his credit: therefore there could he no question that the plaintiff had a right to follow and sue for them in the han JS of the defendant, who thus in law (having got the benefit of the gdods), became t lie principal, and Wright merely :.an instrument or agent in the transaction--whose agency was a legal inference or necessary implication, ■ vvhich there was no need to prove. It' Mr; Levicn, instead of receiving, had refused the goods as havingbeen bought by an unauthorised person, he could not have been sued for them, nor indeed could, the unauthorised agent have been sued on the contract, but for his deceit. Here however Mr. Levien had actually accepted the goods. Tims the .case was clear and plain beyond all question ', for to whomcould the plaintiff look for payment hit to the person who had, got the goods \ —tht plaintiff not having credited Wright^but the defendant alone. i ::■.■■■ • The plaintiff's case was at once common sense, arid, being also founded on clear law, might have been disposed of in little time—Hiccup.; But the point occupied the lawyers and' court in most laborious talk about" next to nothing a second time. But never mind, Mr. Editor, Mr. Levien is a real jolly, good-natured man, and can Well sustain the verdict." So, . ;' ; \ [ • If you're fond of pure vexation,'&e.,L-*-w,—law. 1 ■ ; : >' NOTPHYSIC. Ecclesfechan, September 20. ■

To the Editor of the Colonist. Dearest Mb. Editor,—Thanks for your last paper, in which I am joined by. many refugee sisters in the Nelson Odd Fellow's HalL. You may be sure we were dreadfully interested in the accountsbf the late tremendous battle. What monsters the Maories must be", to frighten so the j bravest of soldiers! , They are ugly enough in their dirty mats, but they must be shocking without them." No wonder that nicely clad paraders should have been scared. Still some of our older females marvel that they should have turned so very faint* Poor feljpws! we pity them almost to madness. As for me, my maiden blood boils to be avenged. Mother and Grandmother say, if they had been there with umbrellas, they "could have kept off the balls, perhaps, from the venture--some, such as stumbled amongst supple-jacks, and lost their swords ,' I fancy, too, that my old battledoor would have struck aside the bullets that dropped from the sky near the timid, as if to warn them..home. We rather admire those tame Maories who set fuoh examples as allies, in front of our army. But probably they had no fine clothes to spoil, or were employed to give lessons of a new kind of warfare. Well, they are noble creatures, and deserve praise; our compliments to them. It would be right, possibly, for the daughters of some of our pale-hearted soldiers to smile upon them. We all send hearty kisses to the fifty Taranaki volunteers who offered to redeem the day. Had we been near the dear souls, they would have done it; our cheering voices and the archery of fond eyes would have made them conquerors. Tell them, dear sir, for oursakes to give it handsomely to W. King and his muddy tribe next time; and we will attend them with most loving prayers. I forward a suitable song as a contribution to the heroism of our champions in scarlet. Let the brave old General see both it and this letter, from, Gratefully yours, &c, CLARA FAIRLY. September 23,1860.

A SONG FOR OUR REDOUBTABLE SOLDIERS. In September, on the tenth day, In .this famous year of story, The sun shone bright o'er Waitara pabs:. To enkindle all with glory. Our matchle99 general felt the flame, And his heroes fifteen hundred; So we inarched against the savages, Who hid themselves, and wondered. We camped and dreamfc of high exploits, All resolving on the morrow, Since we were surely ten to one, To tatu dark rogues with sorrow. Desperate afc morn, we stormed the holds Of the blanket .warriors boasting: We must have blown whole hosts away ; .. For our hunger smelt fresh roasting ! The fern redoubts, they roared.and blazed, To betoken our dread labors,— Without a foe (the Loi\! be praised !) To deride our shots or sabres. . The bush we deemed an ambuscade; So we thundered at its kauris * Ten-thousand armed, uutit our feats . Quite provoked the scoffing Maories. And then at us the cowards fired, From their sneaking pits and bushes: Their horrid vollies were too bad; They alarmed our backs with blushes. We fled our miehty camions three, And some hapless comrades bleeding ; Qnv tottering legs shook down our arms, . With adventurous speed receding,— - To rally soon, and thrice as stout— If the braves of India aid us; Then vacant pas again we'll rout, Should the rebsls not invade us.. Yet should their, dance of war rage near, With its ridicule satanic, Some fifty boys may volunteer To enshield our nervous panic. ■ But ended now is this'campaign, . And its toils and perils.over;_ Triumphantly we'll feast amain, And ourgallantry lecover. ■ We'll quaff glad healths to all our chiefs, —All in gala and smart dresses, . Who send away the- girls lest they Should despise our brave excesses. -■ Long live New Zealand a golden isles, -- . , 'And the soldiers who defend them! And save, yefates, their glorious files, : Lest the Maori smoke should end them. '' . CLARA FAIRLY. Oddfellows' Hallj Nelson, September 21,1860.