The Perth Gazette and Western Australian Journal/Volume 1/Number 6
His Honour the Lieutenant Governor has thought proper
in the Perth Gazette and Western Australian Journal, signed
communications made to those persons to whom they may
BY COMMAND OF HIS HONOUR THE LIEUTENANT GOVERNOR.
to direct, that all public communications, which may appear
with any Official Signature, are to be considered as Official
relate.
PETER BROWN, COLONIAL SECRETARY
NEW SERIES
SATURDAY, FEBRUARY 9th. 1833
GOVERNMENT NOTICE.
Colonial Secretary's Office
Perth, January, 7th. 1833.
NOTICE is hereby given, that Mr. Henry Smythe has applied at this Office for permission to leave the Colony, by the "Thistle."
- By His Honor's Command
- PETER BROWN,
- Colonial Secretary.
- PETER BROWN,
- By His Honor's Command
GOVERNMENT NOTICE.
Surveyor General's Office,
Perth, February 6th, 1833.
The Lieutenant Governor in Council has granted the following Town Allotments.
PERTH.
A 10.Alexander Collie.———H 6 John Bernard———L36. Charles Browne.———V 30. William Birch.———W 25. George Hancock.———W26. James Hancock.———W 76. William Beacham.———W 77. Richard Rowland. ———W 78. John Dewar.———X 2. James Lockyer———X 17. Peter Ambrose.———A 18. Perth School.———A 19. Perth School.———A 20. Perth School.———A21. Perth School———A22. Perth School.
FREMANTLE.
82. Henry Edward Henderson———156. Francis Heghin. ———402. Robert Habgood. ———410. Louisa Bond. ———422. W. N. Clarke and C. Spyers.———427. W. N. Clarke and C. Spyers.———415. Robert Habgood———424. John Hancock 1. James Mc. Dermott (suburban)
GUILDFORD.
139. Stephen Knight—
- J. S. ROE,
- Surveyor General.
- J. S. ROE,
NOTICE.
- Sheriffs Office, Perth
- February 6th, 1833.
NOTICE is hereby given, that LAURENCE WELCH has been, appointed Sheriffs Officer for the Districts of Perth and Guildford, and that JOHN BATEMAN has been appointed Sheriffs Officer for the district of Fremantle.
- George Fredric Stone,
- Acting Sheriff.
- George Fredric Stone,
PARTNERSHIP DISSOLVED.
Notice is hereby given, that the Partnership lately subsisting between William James Wood, and William Blackmore Okely, of Fremantle, Bakers and Storekeepers, was dissolved on the 20th day of December last. All debts owing to the firm of Wood and Okely, are to be received by George Leake, and James Mc. Dermott of Fremantle, Trustees to the Estate.
- W. J. Wood
- W. B. Okely.
ESTATES FOR SALE.
That large and valuable grant of LAND called "CHELTENHAM FARM" on the right bank of the Canning River, situated about 13 miles from the mouth, consisting of 5,300 acres, having a river frontage. There is a substantial house on the property. 10 acres of superior soil (red loam) have been cultivated and were under crop last season, and 20 more have been cleared of wood. There is excellent pasturage on the Estate, well-watered by fresh water springs, and the river is navigable for four miles up wards. There is an abundance of fine Mahogany timber on the grant, which is in the form of a square, so that one angle touches the Swan River opposite Perth and of course has a river frontage on the Swan, an advantage that no other grant in the Colony is possessed of.
ALSO
That valuable grant of LAND immediately opposite Cheltenham, on the left bank of the Canning, consisting of 170 acres of rich soil (red loam,) and possessing the uncommon advantage of a river frontage of one mile and a half. The whole has been completely cleared of wood.
These Estates on the right and left banks of the River will either be sold together, or separately as purchasers incline. They are situated within 5 miles from Perth by land, and 12 from Fremantle, and the location duties have been performed on both.
The agricultural implements on the farm consisting of a Cart, Plough, Harrows, Wheel-barrow, steel Mill, Spades Axes, Grubing Hoes, &c. Carpenters tools, set of Japanned Milk Dishes, several Guns, Household Furniture, an excellent Boat in complete repair capable of carrying one ton and a half of goods, with two Masts, Sails, and Oars; and a few doz. of Poultry may be had along with the property on valuation.
ALSO.
4,600 acres of unimproved but excellent Land in the County of York, having a frontage on the River Avon of nearly two miles.
ALSO.
A TOWN ALLOTMENT on the Island of Rottenest, and 300 in the interior well watered and admirably adapted for live stock as the Island abounds in superior pasturage.
If the above property is not sold by private bargain, the whole will shortly be exposed to sale by public Auction.
The Estates on the Canning can be viewed and the boundaries pointed out on, application to W. N. CLARK. Solicitor, Fremantle, who is in possession of the Title Deeds of all the properties.
February 1st, 1833.
FOR SALE
At the Stores of the undersigned.
Strong Scotch Ale, Pale Ale, and London double brown Stout in wood and bottle, Brandy, Rum, Hollands, Port, Madeira, Sherry, Claret, and other wines. Sugars of all qualities,-Tobacco, Segars, Vinegar, Pickles, Chocolate, Raisins, Starch, Blue, Gentlemens Boots, Coats, Waistcoats, and Trowsers, Ladies Bonnets and Scarfs. Writing Paper; &c &c. &c. Masts, Topmasts, Yards, Chain Cable and Anchor for a Ship of 500 tons, the hulk of the Ship Rockingham. Also to be let, or sold, a fine boat of 12 tons, and 3 neat Cottages near the Cantonment.
- William Lamb
- Fremantle January 30th. 1833.
FOR SALE
That valuable Perth Allotment L. No. 39, next to the one occupied by Mr. Mews, Apply to
- William Lamb
- Fremantle.
- William Lamb
FOR SALE.
THE Cutter rigged BOAT "SUCCESS" carrying 3 tons, with new 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 SAIL ON THE 16th, INSTANT,
FOR AUGUSTA, KING GEORGE'S SOUND
AND SYDNEY:
THE fast sailing CUTLER JOLLY RAMBLER, J. BRIGNELL Commander;- For Freight or Passage apply to D. SCOTT, Agent, or to the owner J. BRIGNELL, who has recently purchased the shares of Messrs. Greswell, and Harris of Fremantle.
- Fremantle February 6th, 1833.
NOTICE
Notice is hereby given, that Messrs. Harris Greswell and Brignell, owners of the Cutter "Jolly Rambler," have settled their disputes, and as Joseph Brignell is now sole owner of the vessel, she will proceed on her, voyage to Sydney, as advertise.
- W. NAIRNE CLARK,
- February 7th. 1833. Solicitor.
BREAD and FANCY BISCUITS.
W. J. Wood, of Perth, Baker, begs, to intimate to the Public, that he has a regular supply of Bread, and fancy Biscuits.
Bakings done every day, and carefully attended to.
ONE GUINEA REWARD.
Stolen from the church at Perth, various School books, whoever will give such information as may lead to the conviction of the offender or offenders, shall receive the above reward upon application to,
- L. T. COOK,
- Schoolmaster, &c. &c.
- Perth School February 8th. 1833.
ON SALE
AT THE
STORES, OF THE UNDERSIGNED.
Perth, and Fremantle, Jan. 24th, 1833
Cogniac Brandy Jamaica Rum,
Hollands,
Cape Wine,
Dunbars Bottled Stout.
Ale in hogsheads,
Beef,
Irish Prime Mess Pork,
Candles, Arrack, Hops, Raisins, Dried Fruits,
Apples, Pears,
Apricots, Peaches. Prime Butter,
Snuff in Canisters, Window Glass, Brass Cocks,
Spades, Pick Axes, Sickles, Nails, Steel Mills,
Colonial Flour Wheat
Barley
Oats
Men's Strong Shoes Cart and Waggon Wheels,
Corks, Cigars,
Crockery, Cloves, Nutmegs, Pepper, Shot, Iron and Steel in Bars,
London Mustard,
Tin Mugs, Pickles, Pitch and Tar,
White, Black, and Green Paint,
Mauritius Sugar,
Fine and Common Black and Green Teas,
London Soap,
Seeds, Stationery and Account Books, Slops, Jackets,
Sadlery, Tobacco.
G LEAKE
SHIPPING INTELLIGENCE.
Departure on the 5th Inst. The Cornwallis, Captain Henderson, for the Cape of Good Hope: Passengers, Mr. Dawson, Mr. Wm. Samson, and Mr. P. H. Dod.
Vessels lying in Gages Roads.-The Cygnet, -The Thistle, and Jolly Rambler.
Expected to sail in a few days -The Thistle for Hobart Town, and the Jolly Rambler for Sydney.
We direct the attention of our Correspondents, to the interesting inquiry suggested by the following letter, and shall feel a satisfaction in being the medium of communicating any information, properly authenticated, which may advance the objects of the "lover of Natural History"
Dear Sir,
Being a lover of Natural History, and knowing that your residence in the wide and little explored regions of Australia, enables you to do good service in the cause of science; I beg to trouble you with a few hints. The point to which I would direct your attention is one which naturalists have hitherto been anable to decide, and from its peculiar singularity is a thing of great interest and moment. There are two genera of animals i.e. quadrupeds, which are found only in New Holland, and Van Diemen's Land, and are remarkably like birds in many curious respects, both in their anatomical form and habits. They are called the Ornithorynchus or duck-billed animal (so named from the shape of the bill or jaws) and the echidna. They both have the
bones of the head much like a bird with a kind of bill and no teeth. They also resemble birds in having the "side bones" and "merry-thought" bone, and the sternum or breast bone like them. They are said to live on insects and worms. The Ornithorynchus is a water animal, has short legs and large webbed feet, and swims, and dives well. There are four or five distinct species of it, and two of the Echidna which is a land animal. Your Uncle has seen preserved specimens in the university Museum, and will be able to recognise them. Their mode of generation is the point I would offer for your investigation Unlike other quadrupeds these possess no womb and it has been asserted that they lay and hatch eggs, and indeed eggs have reached this country, stated to be the bonafide eggs of those creatures. I have seen one which was all white and about as big as a pigeons. If some of the moments of your leisure, and the casual opportunities thrown in your way during your wanderings, or by the chase were taken advantage of, and devoted to this subject, I think the discovery would be gratifying and perhaps; useful. The following hints may serve to guide you in the process. The date and circumstances under which the discovery was made together with every important fact should be narrated. The form (i the recent state) and locality of the nest if there be one, and the number of eggs &c, should be told. And as the mere sending of eggs is insufficient, it would be well to send every thing that may throw certainty over the relation in the best possible state of preservation to this country. If the fact should prove to be that they really do lay eggs, it would be well if a number of fresh ones fall in your way to place some of them under a hen, and preserve the young ones, embryos in spirit Their natural habits are little known, so if you could procure one alive it might be advisable to keep it for some time. The skins and skeletons are valuable here from the rarity of good Museum specimens, and the following is a good way of anatomizing. Skin and remove the fleshy parts as far as can be safely done, put together a few boards for a case and bore it all over with holes, nail the animal in it and place it a few weeks in an ant hill.
It is a gratifying thought that the accounts received by your friends have been so prosperous, allow me to say that in some measure I have participated in their pleasure arising from this source, and shall continue to wish you every comfort and enjoyment which your peculiar situation and circumstances will afford you. With sincere regard
London 16 August 1832.
THE
WESTERN AUSTRALIAN
JOURNAL.
The advanced state of this Colony, mainly attributable to individual exertion, far beyond the expectations of the settlers, who have recently arrived here, has been the general theme of panegyric, it is sincerely to be lamented therefore, that our circumscribed resources, prevent our affording to the new settler the facilities of communication with the interior, by means of roads, bridges, &c, which he hears at home, are allowed to other Colonies, and naturally concludes extend to this The roads we have at present, pass through a very circumscribed tract of country, namely, from Fremantle to Guildford, and again from Fremantle to the Canning, each a distance of about 20 miles; as the country on this side of the Darling range, is principally occupied, the attention of the new comer, will of necessity be directed to the locations in the neighbourhood of York, where abundance of excellent land awaits him, and every requisite for immediate and permanent settlement. But the difficulty and expense of conveying indispensable implements of husbandry and stores, over what are termed the Mountains, will we are apprehensive prove a barrier, to the extensive population of that district for the present, by persons merely provided with moderate means. To defer the improvement of the York road until the arrivals we have every reason to anticipate, pour in upon us, would we feel convinced retard the future prospects of the Colony, and impose a difficulty upon the Emigrant, where it is the policy, and evidently the disposition, at the present day, of the home Government to afford every relief. We have been credibly informed by those who have frequently passed over the line marked for the road, that four or five hundred pounds bestowed in labour, upon this essential object, would complete the task; surely then, when such positive advantages to the settler are manifest, and our interests are so closely involved in it this trifling expenditure would not be denied us. We admit there is still a considerable portion of the land on this side of the hills, untilled, and available; but we believe we are correct in advancing, that there are many objects, which the new settler cannot carry into effect, to any extent, unless some better means of communication with the other side is afforded him. The distance to York does not exceed 60 miles, one third of which, is relieved by water carriage. We regard the formation of this road, as an object of the deepest importance, and its necessity is so generally admitted, that we take shame to ourselves for not having noticed the subject at an earlier period.
A question of some importance to the Mercantile interest, as well as the Colonists at large, has been the subject of warm discussion, within the past week at Fremantle, and has given rise we are informed, to some delay in landing a portion of the cargo of the Cygnet. The question alluded to, as far as we can collect, is, whether a Captain is bound to land goods above high water mark, which according to the usual tenor of a bill of lading, are to be delivered at the Port, and it so, whether he is borne out in placing the goods upon a private Jetty at the risk and expense of the consignee. We believe we are correct in stating that the common acceptation of the term "delivered at the Port," is, the place of anchorage; still we have our doubts whether the Captain would be justified in taking his vessel into Cockburn Sound and insisting up- on that being the port of delivery. It might be attempted, by way of annoyance, we would suggest therefore that some measure be adopted, to protect the public from the caprice of individuals, and to establish a point which has been mooted on the occasion of every fresh arrival. With respect to the question of the Jetty, which has arisen out of this dispute, we must allow it is a serious evil, that a private individual should have it in his power by agreement with the Captain, provided he is compelled to land goods, to insure the Jetty dues on the whole of the cargo. We do not mean to infer, far from it, that Mr. Scott has taken any undue advantage in this instance, or any other, but the public ought to be secured from any possibility of combination to their prejudice.
We are open to confess, we are astonished any objection should be made to goods being placed on the Jetty, the charges are by no means immoderate, and it this is an obstacle, we have heard Mr. Scott repeatedly assert that he would submit to any prices, which might be established at a public meeting. The advantages of a Jetty are considerable, and previously to the erection of the one we refer to, there was a constant outcry against the government for not affording the public the accommodation, strange to say, now the relief is at hand, there is a fresh bone of contention, and the absurd and frivoulous objection raised, that it is a private Jetty. An unaccountable jealousy seems to have existed respecting this Jetty for some time, which, we have noticed with regret; it is painful to witness the envy and detraction which attend the successful efforts, of any of our neighbours, where it should rather be a subject of congratulation, and a stimulous to the interchange of kind offices. We do hope to see more cordiallity of sentiment, and an absence of the acrimony, and ill feeling, which is but too often displayed. To return to the original question we are of opinion, it must be fraught with unpleasant reflections to both parties, to argue the point at issue, either on the Jetty, or the beach; it is to be regretted therefore, that the question is not set at rest. It may be as well to remark, that the insertion of the words in the bill of lading, "to be landed at Swan River" would obviate the difficulty: our friends purposing to embark for this Colony, will do well to bear this in mind, it has been adopted in some instances, and proved an infallible nostrum against dissension.
His Honor the Lieutenant Governor, will embark on board the Ellen, Government Schooner, on Monday next, accompanied by the Colonial Aid de Camp, Ensign Dale, and G. F. Moore Esq. when the Schooner will proceed to Augusta, and King Georges Sound. This annual trip, is taken by His Honor, for the purpose of inspecting the different out-ports.
The Natives have become so troublesome to Mr. Monger, that he has this morning applied for a sufficient military force to repel them. Their numbers in the neighbourhood of the Lake have greatly increased, by accessions from other tribes, all larger and more powerful men than those we have been accustomed to see. Mr. Monger informs us, he can only recognize three of the party, out of about forty men, as those who have been in the habit of resorting to that quarter. They have now he says taken such full possession of the place that unless they are repulsed, he must abandon it. A fine sow was speared, yesterday. It was but a few days ago, we heard Mr. Monger express every confidence in the natives, we regret to find that in this, as well as most instances, it has been abused. We gave it as our opinion, some time ago, that they must not be encouraged, which further experience has fully confirmed.
An inflamation of the eyes has been very prevalent, during the last month, arising in many instances, we believe, from a want of cleanliness and in others, from being exposed to the intense heat which we have occasionly experienced, and the sudden transitions.
It is the general remark, that this season differs essentially, from any other we have experienced, it was extremely backward, the rains continuing to the first week of December; since which the heat at times, has been very oppressive, the Thermometer in the Surveyor Generals Office ranging from 33 to 96 in the shade, and exposed to the sea breeze. An agreable change has taken place within the last few days, the atmosphere being cleared by genial showers during the night, a novelty to us, at this period of the year; the heavy night dews supplying the absence of the other element.The charge made at home for the Postage of our Journal, has been a matter of frequent inquiry, we have now the satisfaction of acquainting our subscribers, that 16s. 6d. a charge made for postage, was instantly returned by H. M. Postmaster General, with an intimation that it was only ?d. This occurred at a distance of 70 miles from London.
PERTH MARKET PRICES:
The supply of Vegetables from the gardens, in and near Perth, is very plentiful. Potatoes 6d. Onions 9d. wholesale, and 12d. retail per lb. many of these will weigh nearly a pound each. ls. worth of Cabbages, Knole cole or Carrots, &c. will supply a family of four persons. Melons, Pumpkins, Cape Gooseberries, &c, have been brought to market in abundance within this last week. Water Melons from ls. to 2. according to the size. Musk-Melon 1s. 6d. to 2s. Pumpkins 9d. to 1s.
Fresh Meat is still scarce 1s. 6d. per lb. Kangaroo 16 d. Our last supply of Lamb was from York: Fresh Butter, Colonial 3s: Cheese do. 2d. 6d
Fremantle is supplied from its own garden and the farms on the Canning. In Mr. Lamb's garden at Fremantle we are informed are some of the finest rock, musk, and water melons the Colony has produced. The garden is not more than 50 yards from the sea beach.
The reply of Manyat and Gyallipert to every inquiry, whether they will return to King Sound Georges in the "Ellen" is "by and by, go!" we understand they are to be allowed to remain here for the present. The attention which is shown them, and the general interest they excite from their good behaviour, has instilled into them a degree of pride, which is frequently most ludicrously displayed. The stately air of Manyat, as he parades the streets with his feather-tufted stick, and feathered cap, approaching closely to some of our most dignified and polished actions, acquired by art, has led us to reflect how unjustly we estimate the savage, by our own acquirements.
These men accompanied the Serjeant Major yesterday, to the Bush Inn, (half way house between this and Fremantle) for the purpose we believe of having an interview with the tribes of that place; they met with them, and promised to see them again this morning, but did not appear.
We have received a notice for insertion of the Ferry dues at Preston Point, but too late for this weeks publication. It will appear in our next. The efforts of Mr. Weavell the proprietor, call for every support, he has carried into effect a most desirable object, the establishment of a Ferry at this spot, where you are ferried across with the least possible delay; and the attention and civlity shown form a marked contrast to the generality of Ferries.
CIVIL COURT.
Before G. F. Moore Esq. Civil Commissioner
Keats v. Thomas Peel—Mr. Peel not being present to defend this case either in person or by deputy, further than sending his servant with various documents, some discussion took place, as to whether the case should be proceeded in, no accredited Agent appearing. The Commissioner on Mr Clark (who acted for the Plaintiff) representing, that to avoid further expense, he wished the case gone into, and would not make any objection, was of opinion it could not form a dangerous precedent, the case was consequently opened by Mr. Clark.
This was an action to recover £2. 10. the amount of the Plaintiffs promissory notes, and a bill for board and lodging.
Commissioner.—I dont know whether this account is admitted.
Mr. Clark.—There is a counter claim set up of £21. 8. 10. but I am instructed to dispute this, and merely to allow the sum of £1. 8. 6.
Commissioner.—I perceive we shall not be able to enter into the case satisfactorily; it must therefore stand over until next Court day, the defendant bearing the expenses.
Smith v. Marrs.—This was an action to recover a deficiency on the resale of sundry lots, purchased at a public sale, and not cleared away by the defendant.
Mr. Clark for the Defendant, allowed Judgment by default.
Smith v. Marrs.-To recover £2. 5. for injury sustained by the plaintiff, in breakage &c during the affray at the public sale.
The Commissioner said he must first have proof, that the defendant was directly or indirectly implicated.
Charles Smith stated, that he insisted upon his (the defendants) being turned out.
Lukin being sworn.—Rembered the Defendant laying hold of the door as they were taking him out, it was torn of its hinges, and broken. This was the only injury which came under his observation. If it had not been necessary to turn him out of the room, the window in all probability would not have been broken.
Duffield.—A chair was broken by Mr. Marra thrusting me down upon it, in a scuffle, when I was endevouring to turn him out. 15s was a fair charge for the repair of the door.
Commissioner.—I find some nicety in giving my opinion in this case, as to his liability; i shall therefore defer Judgment until to-morrow.
Bond, v. Habgood.—This was an action to recover £30, the amount of a reward offered by public notice, for the apprehension of the party or parties, concerned in the robbery of Mr. Habgoods Stores.
J. Duffield, sworn—stuck up the notice, could not recollect the exact words, but it applied to any person who would give such information, as would lead to the conviction of the offenders. Has no copy of the placard. Recollects the property was recovered through his overhearing a conversation, which led him to suspect the parties. They were taken into custody, and discharged, but subsequently retaken and convicted for the offence. Both Bond, and Vincent, were very active.
The Defendant maintained, the notice was stuck up in order to induce one of the parties, to come forward as evidence.
The Commissioner, was not aware how far a public Officer, in the exercise of his duty was entitled to remuneration or any portion of a reward, but if it appeared that unusual exertion had taken place, he was disposed to think, that it was to the advantage of those who might have occasion for their services to make some recompense for any extraordinary exertions.
Mr Habgood stated,—that he had satisfied Vincent and would have been disposed to have made Bond some return, if he had behaved himself towards him (the defendant) in a different way.
Bond, said that a misunderstanding had existed between te defendant and himself, owing to his (defendants) reporting that he was implicated in the robbery.
The Plaintiff strongly, denied having given currency to such a report, but that it was Bond's tittle tattle which thwarted him in following up information he had obtained.
The Commissioner, remarked that he thought it would end in a matter of feeling. The question in his own mind was, whether the defendant was liable under the circumstances, and he would take until the following morning to consider of it.
Wednesday the 6th. {{sc|February]].—At the opening of the Court, the Commissioner decided in the case of Bond v. Habgood, that the wording of the notice as far as it was proved was not of a nature to hold the defendant liable, but as he had remarked, where there had been a strict performance of his duty, and great exertion, the Officer should be rewarded. That however would rest with the Defendant.
On Mr. Clarks observing whether the case, if put in another shape would be entertained.
The Commissioner replied, he invariably confined himself to the evidence brought before him, and saw disposition enough for litigation, without holding out temptations to either party.—case dismissed.
Butler, v. F. C. Irwin—To recover £17 10, for the hire of a flat, 13 days, at 25s. per day, and for the use of tools and utensils £1.
Mr. Butler, explained that a lime kiln had been built in his neighbourhood for the supply of lime, for a house Captain Irwin was building at Perth.
Commissioner asked whether the account was admitted Mr. Commissary Lewis,—who appeared for Capt. Irwin, stated that both the number of days, and the charge were disputed.
Commissioner—we will proceed then Mr Butler to the proof.
Richard Thorn, being sworn.—stated that he was in Mr. Butlers employ, and remembered the kiln being built. Delivered the flat in question to the Soldiers for Captain Irwin,—it was away 13 days. He received it back again and counted the days, Mr Butler telling him to mind the days.
By the Commissioner.—Has no idea of the price of hire for a boat.
Cross examined.—Dont remember the day, whether Monday or Wednesday, but positive as to the number of days.
Patrick Swift.—I was in Captain Irwin's employ in 1831, on the 10th, February, he wished me to go to Fresh-water Bay for lime, and said I could get Mr. Butlers flat. It was occupied two days in carrying bricks, and three days in carrying lime. I asked him if the boat should be returned. (Mr Butler here interrupted the witness, who replied in a rich native brogue "you can bring it against me but I dare say I'll talk with you, he proceeded)
Mr. Butler said, it was no matter, he should be up as soon as me, and asked me to recommend two sturdy hands to manage the flat, to bring back some bricks he had bought at Perth, in exchange for wood; I recommended a man who was in Parson Wittenooms employ. I Cold Captain Irwin it was Mr. Butlers wish that the flat should remain.
Mr. Butler intimated that the witness was tutored.
The witness was highly indignant at this "he was on his oath he said (here the witness was checked) after several desultory remarks.
Edward Jeffers—who was employed with the previous witness being sworn, fully corroborated his testimony.
Mr. Commissary Lewis stated that Captain Irwin, had invited a settlement by reference to the Magistrates, or by arbetration, but no step was taken on the part of the plaintiff.
Edward Jeffers, cross examined by Mr. Butler.—On Monday after the lime was brought up, the flat was used at Perth for two trips for lime, and on Tuesday three trips for bricks. I took the flat back by Captain Irwins order to Mr. Butler.
Mr. Butler, said, this act was a tacit acknowledgment that the flat was employed by Captain Irwin.
On the other hand Mr. Lewis maintained it was an act of kindness which meet with an ungrateful return.
Commissioner.—This is mere argument, I have the testimony of two witnesses on their oath.
Mr. Butler.—But their evidence should be taken, with suspicion; and I cannot submit to be supressed by men in power.
Mr. Lewis.—You have every opportunity of shaking the testimony of the witnesses—
Commissioner.—I am bound by the situation I am placed in, to decide by the Evidence; this appears to be a case of misunderstanding.—Verdict for 6 days and £l. for Utensils, with Costs.
Some objection being made to the payment of costs, as the matter might have been settled long ago,
The Commissioner observed that acting in obedience to the feelings of the Defendant he would not recommend it to be pressed.
Harris and Gresswell v. Brignell. For refusing to give up the command of the Cutter "Jolly Rambler." Damages £300.
J Butler on the part of the plaintiffs, stated they had suffered serious injury by the defendants persisting in keeping possession of the Vessel; the plaintiffs having the majority of voices, considered themselves entitled to dispose of the vessel as they wished, and not to be dictated to by the defendant, who presumed upon his having two half shares against the plaintiffs two. A court of equity he (Mr. Butler) was of opinion would give the preference to the majority of voices.
The Commissioner.-In the first place you must prove the mismanagement, I shall then see whether there is sufficient reason for my interposing. It is not to the interest of either party, to have the power of the Court, of seizing the vessel, exercised, if it can in any way be settled without it. I should recommend you to avoid going to extremities; now, is it not possible that another Master could be agreed upon by all parties. (This conciliatory suggestion, was entertained, and Mr. Dring, who happined to be in the Court was named; he however declined, as there were disputed accounts which would give rise to fresh difficulties when this point was overcome.)
Mr Anderson Junr. was proposed by Mr. Dring; but Mr Scott stated it mattered not who was appointed Master of the Vessel, for the plaintiffs were determined she should not proceed to Sydney, for which port she had already engaged freight.
Mr. Butler said the object of this trial was to shew on which side a court of equity would give the priority, whether to the number of voices, or to the largest share holder.
Commissioner.-I have been referring, but have not found any thing decisive upon the subject, if on further reference I still find nothing expressed, I shall decide this case by analogy. It is certainly rather singular, that in this remote corner, the difficulty should first arise.
Mr. Butler.-But Abbot says here "yes" (holding up a volume) Mr Scott (the same) and he says here no! (a laugh) (after a long discussion which occasioned some merriment in the court.)
The Commissioner remarked, that there appeared to be a great deal of acrimony on both sides; he would however advise the parties to weigh the matter well, before they pushed the case into the Admiralty Court; they would find its proceedings very tedious, and expensive. He would adjourn the case until Thursday, to give Mr. Scott time to produce the Register, in the mean time he strongly recommended the parties to come to some arrangement Adjourned until the following morning at 10 o'clock.
(This case it will be seen, by reference to an advertisement in another portion of our paper, was arranged out of Court.)
Mr. Habgood placed some bills of lading in the Commissioners hands, and requested to be informed whether upon the face of those bills he was not justified in insisting upon Captain Rolls, of the Cygnet landing his goods above high water mark. The Commissioner said it seemed to him not exactly regular that he should venture an opinion, but he would take the documents, and give a reply in the morning.
The reply we are informed was, that the Court could not give a legal opinion upon the subject in the state the case was brought forwardPARLIAMENTARY PROCEEDINGS.
As complete files of the public Journals at home, are seldom to be met with here, in order to furnish a connected chain of the Parliamentary proceedings of 1832, we avail ourselves of the following Index, which is extracted from the Sunday Times of the 19 of August.
INDEX TO THE SESSION OF 1832
December 1831.-Both houses met on Tuesday, the 6th, for despatch of business. In the Commons, on the 12th, the English reform bill was introduced, by Lord J. Russell, for the third time. The second time reading occupied two nights, and the house divided at one o'clock on Sunday Morning. Ayes, 324 -Noes, 162 Majority, 162-being just two to one in favour of the bill. Adjourned for the Christmas holidays.
January, 1832.-Both houses re-assembled on Tuesday, the 17th. In the Lords, no business of interest the first week. In the Commons, the population returns, prepared by Lieut Durmmond, deprecated as inaccurate by the anti-reformers. Grant of 75,000l. ordered for the completion of Buckingham-palace. Irish and Scotch reform bills brought in, and read a first time. English reform bill committed. Anatomy bill read a second time. The Earl of Aberdeen moved an address, condemning the treaty of Belgium; negatived by a majority of 37, in favour of ministers. Vestry act amendment bill lost on second reading by a majority of four. Numerous, petitious presented against tithes in Ireland. Mr S. Perceval moved that a general fast be appointed, but the Chancellor, of the Exchequer having intimated that it was in contemplation, the motion was withdrawn. Mr. Herries's motion impugning the conduct of ministers in having paid any money on account of the Russian Dutch loan, negatived, the numbers being-For the resolution, 214-Against, -238-Majority for ministers, 24. In the committee on the English reform bill a division took place on the clause for division of counties-For the clause, 215-Against, 89-Majority, 186. Select committee appointed to inquire into the affairs of India, with the view to the repeal of the East India Company's charter.
February.-Lord Wynford brought forward a motion similar to that made in the Commons, by Mr. Herries, on the subject of Russian-Dutch loan, which was subsequently withdrawn. The Duke of Sussex announced, in parliament, his intention of causing his body to be given up at his demise, for the furtherance of anatomical science. Earl Grey admits the propriety of an inquiry into the tithe system, at the same time preserving the just rights of the church, Mr. Courtenay moves an address, complaining of the British government having withheld its protection from Don Miguel against the aggression of France; negatived by a majority of 135. The colera morbus prevention bill brought in by the Marquis of Lansdowne, specifying the powers to be vested in the boards of health, Mr. Baring brings in a bill to do away the privilege from arrest for debt, enjoyed by members of the House of Commons. Motion by Alder Thompson, to reduce the soap duty from 3d. to 1½d. per pound; resisted by the Chancellor of the Exchequer, and withdrawn.
March. In committee on the English reform bill, the Marquis of Chandos moved that the metropolitan districts clause be struck out-For the clause, 316-Against it, 26-Majority for ministers, 80. The malt duty drawback bill read a second time. Great complaints respecting the distressed state of the silk trade, and committee appointed. The Lord Chancellor announces that the common law commission recommend that imprisonment for debt be abolished. The Marquis of Lansdowne brings in the report of the committee on Irish tithes, recommending their abolition by commuting them for a charge upon land: resolutions in accordance therewith agreed to. The Chancellor of the Exchequer proposed to continue the existing sugar duties for six months, upon which the Marquis of Chandos moves an amendment, to allow the importation of brown, clayed, and muscovadoes at a duty of 20s. per cwt. Amendment negatived by fourteen in favour of ministers. The Archbishop of Canterbury brings in a bill to prohibit the plurality of benefices-two not to be held by the same person, unless within 30 miles of each other. The English reform bill passes through committee, after most protracted discussion. [Seven weeks were occupied in committee, and divisions took place on all the essential clauses; but we cannot attempt even an outline of the results, except by saying that they were favourable to the principle of the bill.] Mr. Croker brought forward a series of resolutions, in the nature of a protest, but they were ultimately abandoned. The third reading, debated three nights, was carried (Friday 23rd,) by a majority of 116, there being 355 for, and 239 against it. Lord Milton gave notice of a motion on the corn laws, for the 8th of May. Mr. Hunt's motion for an inquiry into the Manchester affray negatived by 206 to 31; majority 175. Bill brought in enabling parishes to make small allotments of land to industrious agricultural labourers. The English reform bill brought up to the House of Lords, and, on the motion of Earl Grey, read a first time. The second reading postponed for a fortnight. Bill brought in to abolish capital punishment for offences against property.
April.-On the second reading of the English reform bill, in the Peers, after four days debate, their lordships divided, at Seven o'clock, on Saturday morning, the 14th April, when the numbers
- Contents-Present. . . 128; Proxies, 56—184.
- Non Contents-Present 126; Proxies, 49—175.
- Majority for the second reading. . . . .—9
- Contents-Present. . . 128; Proxies, 56—184.
The plurality of benefices bill read a third time and passed, Bill to legalize marriages, performed by Roman Catholic priests, brought in, and the second reading carried, by 35 for it-Against it, 5. The Irish tithes bill read a second time. The Earl of Harewood presented a petition from West India proprietors praying relief from certain orders in council-Committee appointed to investigate the subject.-Irish tithe bill read a third time and passed. Tyrannic conduct of Russia towards Poland brought forward by Mr. C. Fergusson-expression of sympathy by ministers, but no distinct pledge of interposition given. Both houses adjourn for the Easter holydays.
May.-The English reform bill committed. Lord Lyndhurst's memorable motion for postponing the consideration of schedules A and B-the disfranchising clauses-until after the enfranchising clauses had been discussed, after a lengthened debate terminated in a division-For the amendment, 151 -Against, 116-Majority against ministers, 35, This was on Monday the 7th, and Earl Grey finding it useless to proceed with the bill, moved that it be postponed to the Thursday following. The resignation of ministers was announced on Wednesday, in the Peers, by Earl Grey, and in the Commons, by Lord Althrop. On Thursday Lord Ebrington, in the Commons, moved an address to the King expressive of regret at the change in his Majesty s councils, and imploring the King to call to his councils, only such persons as would carry into effect the reform bill. After a long and animated debate, the house divided-For Lord Ebringtons motion, 288-Against it, 208 Majority, 80; ordered to be presented by such members as belonged to the privy council. Petitions presented from Manchester, London, Bermingham, and nearly every town in the kingdom, calling upon the House of Commons to stop the supplies until the reform bill had passed into a law. Anatomy bill read at third time Insolvent debtors act continued for the remainder of the sessions. Important explanations in the House of Peers. The King consults Lord Lyndhurst on the formation of a new cabinet; and the Duke of Wellington accepts the premiership, with a distinct assurance to his Sovereign that he was prepared to bring in an extensive bill of reform, which would give satisfaction to the people, and thereby avoid the creation of new peers. The duke however, finding, from the tone and temper of the House of Commons and the country, that any measures short of the one brought forward by the previous administration, would not give satisfaction, nor be accepted by the people, declines the task he had taken upon himself, and Earl Grey and his colleagues were recall ed to office. Communications to that effect made to both houses. Consideration of reform bill in the Lords committee resumed on the 21st, and several clauses agreed to. The Duke of Newcastle moves for copies of letters from the King to Earl Grey, giving a carte blanche for the creation of peers; another letter to certain peers, requesting them not to oppose the reform bill in committee; and of a circular from the King to certain peers, calling on them to absent themselves from the house during the further progress of the bill. This motion was withdrawn: The King's answer to the address from the Commons, is presented, in which his Majesty says, " I trust that the object of that address will appear, to my faithful Commons, to be accomplished, since the necessity of any change in my councils has been avoided." The Scotch reform bill, and devision of counties' bill, read a second time. Select committee on the Bank of England Charter appointed: Select committee on colonial slavery granted, but appointment postponed. Irish reform bill read a second time. English reform bill went through the Lords' committee, was reported, peers to be summoned. On the motion Mr. E. L. Bulwer, a select committee is appointed to inquire into the state of dramatic literature, and to restrict the monopoly enjoyed by the patent theatres. Lord Palmerston declares the intention of ministers to observe a strict neutrality, in the struggles between the princes of the house of Bragenza unless any other power should interfere.
The punishment of death abolition bill read a third time, and passed:
Edited, Printed, and Published by CHARLES MACFAULL, at the Gazette Office, Perth
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