Page:The Perth Gazette and Western Australian Journal 1(13).djvu/1

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GOVERNMENT NOTICE. Colonial Secretary's Office Perth, March 29th, 1833, NOTICE is hereby given, that Thomas Gilbert of Perth, has applied at this Office for Permission to leave the Colony. By His Honor's Command Peíper Brown, Colonial Secretary. GOVERNMENT NOTICE TENDERS FOR FRESH-MEAT. Commissariat Office, Perth, 29th March 1833 Sealed Tenders in Triplicate will be received at tins Office on Wednesday, the 10th April from such Person or Persons as may be willing to supply His Majesty's Troops with Fresh-Meat, for one, two, or three Months ; the Contract to commence from the 16th April. The price per lb. to be stated in words at length. Any further information will be made known on application at this Office. John Lewis, Dep. Asst. Commissary General JUST IMPORTED by the 'FRANCES CHARLOTTE; And for Sale by the Undersigned,. at Fremantle. Flour in bags and barrels, Potatoes, Onions, Seed Wlieat, ditto Barley, ditto Grass. Twelve Working Bullocks ; Nine Heifers in Calf-pure Devon ; Fine wool Sheep about 200. Oatmeal, Beef and Pork, Hams and Bacon, English Soap, Rum, &c. &c. F. Downíng. ~FOR SALE, and to be seen at Mr Ougden's SHOP, Perth. The property of the Undersigned. 10 bags Nails, cupboard Locks, door Bolts, tee Joints, butt-Joints, Padlocks, iron Locks with brass nobs, wood Locks, sash Weights, coffee Mills, Axes, Adze, frying Pans, Pincers, Hammers, Gimb lets, draw Knives, brass-headed Nails, Hooks, buttons, bell Pulls, Rings, Gauges, Boilers, Saws, Augers, Screws, of various sizes, &c. &c. J. W. & J. Hardey. Perth, FOR SALE. THE Cutter rigged boat < SUCCESS/ carrying 3 tons, with sails, mast, chain cable, and anchor,-Price 35 Guineas cash, or 40 Guineas in barter for live stock, or useful articles of provisions. Apply to W. GIBBS, Perth. TO BE SOLD BY PUBLIC AUCTION, On Monday the ls¿ dij of April, and following day, at the STORE o*' Captain Pace, at Fremantle thefollowing articles ; Beef, Pork, Rice, Tobacco, Wine, Segars, Live Stock, Several Houses. ALSO, The Hull of the Rockingham, Masts, Rope, and a variety of Articles, which will be on view, on the days of sale. LIONEL SAMSON, Government Auctioneer. Fremantle, March 14th, 1833. SALE BY AUCTION. Mr. RICHARD LEWIS BEGS to acquaint his Friends, the Settlers on the Swan, and the Public in general, that, on Wednesday the 3rd. day of April, 1833, he will offer for sale by Public Auction, at Mr. Dodd's House, Guildford, at 1 o'clock, the following articles : 1 VERY superior and easy going double wheel Plough, 1 Kentish foot Plough, I Wheel-barrow, Sickles, Reap-hooks, scythe Rubbers, Gimblets, felling Axes, L pair of Harrows, a quantity of Shovels, Spades, Hammers, indian Hoes, Billhooks, Mattocks. Hinges, tethering Irons, Crow-bar, hay Forks, Rakes, a quantity of Scythes complete ; Í hand Saw, tea Kettles, drawing Knife, Stock and Bitts, cross cut Saw, tea drinking Cups, Horns, masons Trowels, Grindstone and stand, a quantity of deal Boards, deal Doors, a mahogany couch, a quantity of empty Casks, a very superior cart Colt, got by the well known excellent draught horse " Tinker." formerly in the possession of Mr. Lewis, and out of one of the first cart mares in the Colony, now in Mr. Lewis's possession ; the colt can be seen on applying to Mr. Lewis's Bailiff, at Spring Park nr Guildford

or, at Mr. Dodd's stable, at the

time of sale. A Two-horse Cart with bullock pole rails &c complete. NOTICE. NOTICE is hereby given, that the next General Quarter Sessions of the Peace for the Colony of Western Australia, will be holden at the Court-House at Fremantle, on Monday, the first day of April next, at the hour of nine in the forenoon. DatecLthe 8th day of March, 1833, jJl H. Stone, Clerk.of the Peace. SPECIAL SITTINGS. Before G. F' Moore Esquire, Civil Court, Perth, 2í)thJ\ÍAitcii, 1833; Hams v. Rolls.-This was an action brought by tlie Plaintiff, passenger in the Cygnet, to, recover the value of a barrel of gun-powder, and 12 sheets missing ; sein's and twine damaged ; and, sundry plants injured by negligence, and a filtering ma chine broken in lowering it from the side of the vessel. John Davidson, chief mate- remember stating in reply to a question from Mr. Hams, that I thought Mr. Joseph Harris had taken the powder, I concluded so, as he had been enquiring for it

I afterwards said it might be on board but not to my knowledge : 1 did not take any gun-powder on board Mr. Harris here stated, that the Bills of lading were signed at Gravesend, and the barrel of gunpowder included, and delivered to him by the ¡Snips Broker, Mr. Hall, J uni*. examination resumed.-Heard sheets enquired for-the nets were stowed down the Lre -hatchway. Mr. Butler here interfered which called forth \\ sharp reprimand from the Commissioner, who remarked, that he expected rather more regularity from him, than those who were less frequently before him. The witness stated that Mr. Bussell came to him for the filter but as he was engaged loading a boat he said he could not attend to delivering any thing ; that gentleman assisted by two seamen belonging to tue Ellen Schooner put it over the side and it was broken : it was endeavoured to establish this as a delivery, and that when over the ships side the Captain was noJonger responsible. Thus allowing a liability on board which was subsequently denied. The Commissioner observed, that he was of opinion tiie Captain generally was bound to deliver goods on shore, and to. place them safely in the boat, the tumbling over the ships side would be a dangerous experiment ; it was a question for con - sideralion whether Mr. Bussell acting as agent for Mr. Harris, broke it, if Mr. Bussell was present this could soon be established. Mr. tí arris said he had promised to be in Court, but he had disappointed him. Mr. B. Clarkson, sworn.-Saw the plants in the docks in good condition ; saw the washings of the poop (salt water) fall upon them, concluded it was the occasion of the injury. Mr. G. Shenton deposed to the lame eifect. Charles Somerville, seoond mate-saw a paper parcel marked "12 sheets Harris," in Mr. Harriss cabin before he came on board, but never saw them after they were placed in the cabin. J. Harris, sworn,-Remembered a discussion about powder, Captain Rolls offered to replace it by giving double the quantity of coarse powder. Captain Rolls who was sitting in the body of the court, here made some remarks.-The Commissioner

Captain Rolls it would be as well if you did not speak so loudly, your observations as far as they reach me, are not over decorous ! Ihomas Hunt deposed to the value of the twine which was damaged Mr. Butler being called upon for his defence on the part of Captain Rolls, observed that the shipment of the gun-powder was not proved, it was not included in the Bill of lading in the possession of the Captain. As regarded the sheets they were in Mr. Harris's own cabin, and under his charge. For the filtering machine a receipt had been given -and ,the ship was not accountable fpr deck freight, consequently no claim could be made for .the damage done to the plants. If the decision should be against them, he wished,the surviving plants to be given up and the award to. be for the whole, at the rate of the original charge in England This Mr. Harris objected tp. as the, five plants were estimated tor be worth " $5! each in the Colony. He would give Captain 'Rolls the option of replacing the plants which .were, destroyed. " After considerable,-altercatiqn between, the parties in wljich reflections ,wcre, indulged m irrelevant to' '