Daily national Democrat., 1859-12-30
Later from Australia.

@NSNN-NN'Nt
from Sidney, to the 4th of October.
The Victoria Theater at Sydney was opened
on the 14th inst, under the management O
Samuel Colville, formerly Of California, a.
lessee. Miss Mary Provost delivered al
address to the audience on the occasion.
According to information received at sid
ney, the French authorities at Zongem, New
Caledonia, had captured and shot three white
men, Englishmen, named William Bailey
Frederick Williams and Thomas Smith, who
had been acting in concert with antagonistic
aborigines
Five British subjects were also advertised
at Port De France as outlaws and trade was
prohibited with that part of the coast under
penalty of death.
Flying Buck, against whom one hundred
to six were the odds at starting, won the
Champion stakes at Melbourne on the lst of
October. Nineteen horses started. 1t was a
three mile race. 100 sovereigns entrance,
with 500 soverigns added. Innings Sl2, 1000,
purse alone. Time 5:57t. The handicap the
same day, with stake Of $23 ,OO0 was won
by Camden. Time 3:46.
The submarine telegraph at Laumceston
was opened with general holiday on the ID
of October.
Strikes Of carpenters, conch builders and
others, were in agitation in Victoria, to
obtain recognition of the principle of eight
hours labor.
The Ballart Star publishesa rumOr that o
mass of gold weighing 1850 ounces, value
over 95,O00, had been obtained from quartz
reef in an up country district in Victoria.
SUPREME CoURT DEclsIox.-The Standard
publishes the following decision of the Su-
preme Court:
Mcdaniel " The COUNTY OF YUBA.-The
plaintiff sued the defendant to recover a sum
OF money agreed by express contract to be
paid hlm by the Supervisors, as Examining
Physician of the Hospital for the county for
one year, from the 18th October. 1856. to
18th October, 1857. The complaint AYERS
that he entered upon the duties of the office
or appointment, and was ready to perform ut
all times the duties imposed by the contract
as they should he required.
The defendant demurred, and at the same
time answered. The answer was general,
denying the contract, rendition of the servi-
ces, ETC., and the demurrer denied the right
to recover upon the facts, upon the ground,
among other things, that no legal contract
was shown or proven on the part of the
county to contract.
1t is alleged here for error, that the COM
plant does not show that the plaintiff was a
graduate of legally constituted medical in
stitute. which he must have been in order to
entltle him to recover, or to be the recipient
of the contract mentioned in the complaint.
Whatever merit might be in this point il it
were directly presented by the demurrer, we
think that the demurrer for this cause should
have distinctly presented it. This was rot
done. The other point is not well taken
The complaint sufficiently shows the contract,
and that the plaintiff complied with its terms
The contract only required him to render
such services as might be required of him in
the capacity in which he engaged to act las
a lawyer to give professional advice,) and if
the Supervisors either put it out of his pow
er, or disabled him from rendering these SER
vices, we do not see that he is not entitled to
the salary agreed upon.
The contract having been made by the
Board of Supervisors, it was not in their
power to abrogate it by resembling the order
under which the plaintiff was appointed, or
abolish the office This has been often de-
cided The distinction is very apparent be-
tween an office constituted by legislative Act,
and contract made with party to render
for stated period certain services, though
these services are to be rendered in a capaci-
ty in the nature of public Office or appoint
ment
We think on the whole case, that the judg-
ment should be affirmed. BALDWIN, j.
We concur: FIELD, @. J.
CoPE j