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 forward
PARLIAMENTARY 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:
To be Continued.
Edited, Printed, and Published by CHARLES MACFAULL, at the Gazette Office, Perth
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