We gave some extracts, upon this subject a few weeks ago, from the Hobart Town Courier; we now place before our readers the observations of a contemporary the Tasmanian which conveys some useful and practical hints for many of our aspirants for legal knowledge.
(From the Tasmanian, Hobart Town)
Two of our Contemporaries, during the last week, have noticed a subject of such infinite importance at the present moment to the Colony, that we cannot do other than follow in the same course. It is the same prospect that is before too many industrious, deserving persons at the approaching term, by reason of the unprecedented number of unpaid bills now in the hands of the different Banks. The Colonist with great truth observes, in reference to this subject.
"We must apply ourselves to the only remedy for our present circumstances. The Banks must set the example with respect to their customers, and not load the files of the Supreme Court with summonses, declarations, &c., against their customers; they must show more confidence, or they may rely upon it, that the effects of a contrary disposition will soon be equally felt by themselves. Individuals then would be able to shew more confidence to each other, and thus public credit would be restored, and by care and frugal management on the part of individuals generally, the present crisis may be avoided, and time be obtained for applying an effectual remedy to the evils which have brought it on. In our view of the case, nothing but a general amnesty (as it were) between debtor and creditor, in other words a general giving of time, or accommodation, will restore confidence."
It is under the hope that we may give additional force to these words, that we have quoted them. Each of our Banks contains among its Directors, individuals highly distinguished for benevolent, humane feelings; and we earnestly wish to appeal to them therefore, on behalf of the numerous individuals, who, if the law be rigorously enforced, or if even they are burthened with the dreadful expenses so well referred to by another Contemporary, the Colonial Times, on Tuesday, must, irretrievably be ruined. Where therefore it is obvious that the granting the accommodation of time, is likely to enable parties, eventually to recover from their present difficulties, let us beseech our different Bank Directors to spare and be merciful—to grant, as it were, the general amnesty claimed for them by our Contemporary. Where fraud, deception, undue preference, or other improper conduct has been shewn, we have not a single word to offer; let the evil so brought upon the parties, take its course; but we are satisfied that the great majority of cases that are, or are likely to be, in the hands of the lawyers, as the effect of unpaid bills the ensuing term, do not belong to this description; but come, really and truly under the class, in favour of whom we now join with other portions of the press, in appealing to the humane and benevolent feelings of the gentlemen who hold in their hands, the power either of infinite good, or infinite misery, of many deserving families.
We all know, for almost every one feels, that the Colony has out-stripped its growth. We have had too much trade, and too many traders for the real capital we possess—too many buildings, and of too extensive and splendid a description—too much money expended in the purchase of land, which has thus become worse than a dead capital—too much, laid out in finery and luxury—too much administering to these tastes, by continued auctions, comprising many articles, people are thus tempted to purchase merely because they are so "extremely cheap," when they had far better have been without them altogether. In addition to all this, we have had too much importation of articles, we ourselves ought to have grown at home—too little exportation of our own staples to other countries—thus forming a combination of circumstances, the end of which proves at this present moment, great and general distress. We are far from wishing to see our Banks lend their aid towards perpetuating this mischievous system, but it is altogether another thing, the applying the check string, too suddenly and too sharply; and we repeat therefore our earnest entreaties to the different Bank Establishments, to draw as much distinction as possible according to the several circumstances of their debtors upon unpaid bills, and not to subject individuals to heavy law expenses, unless absolutely necessary for their own security. We have every confidence, that the appeal thus made by ourselves and others, will not be in vain. However, we shall be upon the watch, and shall not fail to report progress, accompanied by suitable comments when necessary, in proportion as the term proceeds.
FROM A CORRESPONDENT
PETTY SESSIONS of the Peace held at Fremantle, on Wednesday the 17th April, 1833, before G. Leake, Esquire, Civil Commissioner.
The following investigation was held for the purpose of laying the facts of the case before Government.
Maxworthy claimed £20. of a reward for apprehending Hinks who, some time ago escaped from Jail. The reward had been previously paid to Vincent the Jailor, who gave £10. to Bond, the Bailiff. From the evidence it appeared that on the day of Hink's escape Vincent gave Maxworthy a pistol and desired him to search for Hinks, but on ttat day he was unsuccessful; a few days afterwards Vincent called Maxworthy in the street about 5 o'clock in the morning, and they both went and apprehended Hinks and lodged him in Jail—Maxworthy did not apply for the reward because he did not see the notice, but heard from general report, that such a reward was offered, and it was not till Bond told him he had got the half, that he applied to Mr. Leake for it. Elijah Bressington saw Vincent and Maxworthy go up together and take Hinks to Jail. There was some contradictory evidence about the place where the capture took place, but the main fact, viz, the capture and lodging in Jail was established.
Vincent admitted the employment of Maxworthy on the morning of Hinks' escape; but denied employing him on the morning of his capture, he did not beckon or ask Maxworthy to follow him, though he admitted that Maxworthy walked up to the Jail with him. Bond was not present at the capture, and his reason for giving him £10. was, that they had made an agreement between themselves on the previous evening to share the reward if Hinks was captured, as Bond had some trouble in the matter. Maxworthy spoke to him many times afterwards but never mentioned any thing about it. This was denied by Maxworthy.
Mr. Clark, who appeared, on behalf of Maxworthy, called the attention of the Civil Commissioner to the following points:—
1st. That Vincent the Jailor was not entitled to the reward, as the prisoner escaped from his custody, on the contrary, he was punishable by fine for a negligent escape. Mr, Clark referred to Blackstones Commentaries.
Mr. Leake said the Magistrates were convinced there was no negligence in support of this point in the part of Vincent.
2d. That to reward a Jailor for apprehending a prisoner who has escaped from his charge, is offering him temptation to connive at future escapes.
3d. That Bond was not entitled to any reward at all, not being present at the capture.
The case was sent to the Hon. W. H. Mackie, Esq., Advocate General.
In the course of the investigation, Maxworthy was fined 10s. for abusive language towards Vincent and Bond.
Nothing further has transpired during the day respecting the native woman who was found speared on the other side of the river. It is hazardous to interfere with the feudes which give rise to these occurrences, and satisfactorily accounts, for no step being taken to enquire into it.
(Continued.)
The topography of Derbal; together with some information relative to the tribes and geography of the country beyond the present boundaries of the Settlement.
The termination up, is common to almost all names of places; and seems to correspond to the termination ton, found so frequently in the topography of Britain: as Warrington; namely, the town of Warring: and Darlington; namely, the town of Darling.
Dyoondalup, Point Walter, the estate of Mr. Waylen
Beereegup, the estate of Mr. A. Butler
Gooleegatup, Point Heathcote, the estate of Mr. Lukin. Does casuarina abound on this estate? for this seems to be the import of the term.
Beenabup, the entrance to the Canning; properly the North side; or the Eastern shore of Melville Water
Wadjup, the flats on the Canning
Goolamrup, Kelmscott
Gargangara, the gorge of the Canning; including the hills and several estates in the vicinity
Garungup, Rocky Bay and its vicinity
Jenalup, commonly called Black Wall reach
Minderup, Fresh-Water Bay, the estate of Mr. J. Butler
Mandyooranup, the rock at the upper entrance to Fresh Water Bay
Nanulgarup, the estate of Mr. Armstrong
Goodamboorup, the property of Captain Currie
Boorianup, Point Pelican
Goodroo, Eliza Bay. This term being without the usual termination seems to be the name of the bay only; and not that of the shore along the bay
Gargatup, Mount Eliza
Boorlo, Perth; properly, Point Fraser
Byerbrup, the high land, Streaching along from Mount Eliza, through the centre of the town of PerthThe camp of Yellowgonga, bearing this name, originally stood beside the springs at the West end of the town, as you descend from Mount Eliza; and on this very spot did the 63d pitch their tents, when they came to take possession. So that the head quarters of the king of Mooro are now become the head quarters of the territories of the British King in Western Australia. On this very spot too the king of Mooro, now holds out his hand to beg a crust of bread. Sic transit gloria mundi. Why do you smile? why should the sword of the Roman be considered more classical than the spear of Derbal's chief? All nations were once barbarous.
The position was very important to Yellowgonga. It was not only convenient for hunting and fishing; but it gave him the command of the flats; the only place where his territories could be easily invaded from the South; the river being hardly fordable any where else.
The springs beside the camp, at the West end of the town, were called Goodinup; and those at the East end, in the front of the Surveyor General's Dyeedyallalup. But this latter name applies to the whole line of allotments fronting the river, as far as Mr. Sutherland's and means, literally, clay. It is, in fact, the first place as you ascend the river on the right bank, where the clay makes its appearance. See 'Dyeedyalla
Gareenup, the point opposite to Mount Eliza
Boornoolup,. the angle between the two main branches of the river. The word signifies a peninsula. But it does not literally correspond to the Greek word; for it signifies a chin. See boorno
Goorgygoorgyp, evidently a contraction for Goorgygoorgyup, the bay opposite to the ford on the flats
The name imports tliat the place abounds with
rushes. See Goorgoogoo.
Goorgyp, Belmount
Matta Gerup, the Flats. The name seems to indicate that the water, at this celebrated ford, is only knee deep. See mattaHere it may be proper to remark that the banks of the river beyond the flats have few or no particular names. The reason is obvious. Above thins point, the river being narrow and deep, is of no service to a people who know nothing of navigation. But below this, particularly on the shores of Melville water, where the water is, to a great
