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7 corrections, most recently by jdun4114 - Show corrections


This Gentleman was an old Colonist. In the early stages of the Colony he was on the Civil Establishment   as an Assistant Surgeon, and had the honour   of being appointed to the Magistracy by His   late Excellency Governor KING. Mr. Throsby was a very large grazier, and had amassed no inconsiderable wealth by his extraordinary and patriotic         attention to the rearing of stock of a very superior quality. Several years ago he had the misfortune to become a surety to the amount of £5000, more or   less, for his friend, the late GARNHAM BLAXCELL Esq. of well-known celebrity in these Colonies, but   who had to flee the Country, from the effects of mercantile embarrassment, in April 1817. Proceedings of Law were instituted against Mr. THROSBY, and only a few   months ago the affair was decided to his disad-   vantage, from which he intended to have appealed to the King in Council. This circumstance is supposed to have operated so powerfully on his mind, as to have originated occasional mental aberrations, in one of which fits, on the morning of Wednesday last, the

lamented Gentleman terminated his existence by

means of a gun, at his country residence ! Advice of the deplorable event reached town on the after- noon of Wednesday, and as the people had scarcely recovered from the effects of another catastrophe that had occurred in the morning, the melancholy   intelligence seemed to produce general petrifaction.   Several Gentlemen have been summoned     to afford the last token of respect and friendship by following the remains of the late Mr.THROSBY to the silent tombs -which ceremony is to take place in the course of this day, at Liverpool.

The demise of the Honorable CHARLES THROSBY, Esquire, who was a Member of the Legislative Council, occasions a vacuum in that distinguished Body. By the 33d section of the 4th Geo. IV. c. 96, or the New South Wales Act, the authority to supply any vacancy in the Legislative Council, occasioned by death, absence, or permanent incapacity, is vested in the Governor for the time-being, so that His EX- CELLENCY will have to select, from amongst the Gentlemen in the Colony, a Successor to the late Mr. THROSBY. Many are the conjectures afloat on this head already. Some years ago, if we remember rightly, when adverting to the expediency of ex- tending the Legislative Council, we felt it a public duty in stating that JOHN McARTHUR, Esq. might be, in such case, judiciously created a Member of Council, also to include Sir JOHN JAMISON, who, despite of the high opinion of the late Mr.THROSBY'S merits, we always thought entitled to superior   consideration, so far as the landed interest of the Country was affected; and we were the more disposed   to place Sir JOHN JAMISON in the same consultation-

chamber with the Hon JOHN McARTHUR, Esq. from a knowledge that the worthy Knight of Regent- Ville, would be a powerful counterpoise to the talents, and ingenuity of his political opponent (Mr. McAR- THUR). We are still of that opinion. If the va- cancy were to be supplied from amongst the mercan- tile interest, there is but one Gentleman in town to whom the Public could point, and such being the fact, we need not mention the only merchant passing in " our mind's eye." But if it should be the policy of the Executive Authority to supply the late Mr. THROSBY'S seat in the Australian Cabinet with one of the landed interest, there cannot be any great di- versity of opinion as to the individual upon whom the distinguished honour should fall, whether pos- session, rank, influence, or unintermitting and pa- triotic anxiety to promote the agricultural interest, be taken into consideration. "

THE Bank of New South Wales will once

more, in all probability, be enabled to hold up   its head: in the course of 1826?, it may be recollected that the GOVERNOR stepped in , at the urgent request of'the Director, and owing to the fervent appeal of the Public, to save this institution from insolvency, and the    

Country from premature ruin. Again it falls


            to the suspicious lot of HIS EXCELLENCY to interpose the powerful aid of the Government on behalf of this long declining Bank, by which means we have little doubt, if the Directors act with prudence, and study to cultivate the good opinion of the Public, that the Bank will speedily recover its former po- sition in commercial consideration. In our   present number we have much pleasure in affording promulgation to an Act of Council, intituled " An act to enable the Proprietors of a certain Banking Company, hereafore   carried on at Sydney under the name and   designation of the Bank of New South Wales, commonly called the Old Bank of New South Wales, to sue and be sued in the name of the President for the time-being of the said Bank, and also to enable the Pro- prietors of a certain Banking Com-     pany to be established in Sydney, under the name, style, and firm of the Bank of New South Wales, to sue and be sued in like manner in the name of the President for   the time-being, and for other purposes therein mentioned." Such an Act as this will effect a world of good for the New Bank of New South Wales. It will restore confi- dence to the Public - it will tend to mitigate the hitherto imperious and dictatorial tone of   the Direction to the Proprietors - it will soften the wounded feelings of the majority of the Proprietors - it will pave the way to a proper understanding that will lead to a tho- rough reconciliation - it will elevate the cha- racter and give stability to the prosperity of the Bank - and it will, in accomplishing so many excellent objects, ultimately settle down all those differences of opinion that have so long existed, and impart satisfaction to the mind of the GOVERNOR that His Excellency has once more had it in his power so pre- eminently and substantially to advance the best interests of the Colony.

If Hie leading men in the Institution-»that is, the President and Directors-will only deign to improve the opening that now pre- sents itself, we have no hesitation in pre- dicting that tho Bank of New South Wales will be as competent to " ADVANCK AUS. THALIA" as ever it wa« in times that are past. Wediave latoly exhibited, in legible characters, the unrivalled prospeiity of the Bunk of Auitialili, and it will now become the fault of those Gentlemen, to whom we have had occasion so often to attract the re- gards of the Public, if the elder Bank does not immediately come in for its share of the profits that aro to be reckoned in all such

j undertakings, and more particuhrly in this


Wo prognosticate that the Old Bank, though we require no favours of the Direc- tion, will regain the confidence of the People, if this-auspicious opening be now seized.

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** AN Art for further improving the Ad- ministration of Justice in Criminal Cases in England'*-one of Mr. PKEL'S Acts-is officially promulgated in this day's Gaxette. The following ia an abstract -of this Colonial Statut«, rendered auch by an Act of Coun- cil :-1. A plea of " not guilty,1' without more, shall put the prisoner on bia trial* Vr jury.»2. If the prisoner refuses to plead, the Court may order a plea of ** not guilty" to be entered.-3. Every challenge beyond the legal number shall be void.-4. Attainder of another crime not pleadable.-5. Jury «hall not enquire of prisoner's landa, Itc. whether be fled.-0. Benefit of Clergy abolished. 7. What felonies only shall be capital .-8. Felonies, not capital, punishable under -the Acts, if any, relating thereto ; otherwie un- der this Act.-0. The Court may order hard labour, or solitary confinement, as part of the sentence of imprisonment.-10. If a person, under sentence for another crime, is convicted of felony, the Court may pass a second sen- tence, to commence after the expiration of the first.-II. Punishment for a subsequent fe- lony. Form of indictment for the subsequent felony. What shall be sufficient proof of the first conviction. Uttering false certificate of conviction.-12. Admiralty offences.-13. Effect of a free or conditional pardon to a con- vict, willi a proviso.-14. Rule for the inter- pretation of all Criminal Statutes.»lo. Com- mencement of this Act.-19* Not to extend

to Scotland or Ireland.

?Such is the nature of the Act of Parliament which our present number presents. In Mon- day's Gazette will appear one of the most important and highly interesting Statutes that ever was pasted, though it happens to be of amazing extent. The sixe of our Journal u now to be appreciated, since not one of our contemporaries can venture to furnish their Readers with such lengthy and invaluable information. The mere title of the Statute, to which we allude, will excite the most intense interest in the public mind, and we are satis- fied that every sentence of the Act will be read with avidity-so truly important does it appear to us It is intituled .' An Act for consolidating and amending the Laws in' England (and also in New South Wales) re- lative to Larceny, and other offences con-

nected therewith."

Accounts from Moreton 'Bay state, that a number of runaway prisoners from that set-

tlement have baen found spearedby the natives

¡u the wood*.

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No sooner bad we despatched our leading article in reference to the Bank of New South Wale«, than we were favored with the annexed Circular, which baa been forwarded losóme of the disaffected and seceding Pro pi ietors.' Of all the propositions that could have been invented the one which has been suggested to the consideration .of the Proprie- tors, is of the most ingenious as well asout rageous kind that could possibly have resulted from the deliberations of any close-bodied divun. To appear to satisfy men, with doubt, ful considerations, in return for their hard «ash, and to propose that they should run all hazard in the non-payment of the same when due, is tho most preposterous suggestion that could have been devised. Why, it is a down- right insult upon common sense < This would be an admirable method of becoming relieved

of insecure obligations, and is too satisfactory \'t a proof that the Bank has committed itself by I* taking auch paper, or else no such proposition I would have been started. No individual will .

ever be mud enough to accede to this pro- J. posai, (f there are risks to be encountered, | \ who aro so able to cope with them as the li whole body of Proprietors, and not a few un- 11 fortunate individuals, who find (it impracti- jj j

I cable to withdraw their capital, though they

are willing to sell out, if the Bunk will only deal fairly with them. Having expiessed a desire, in our leading remarks, to witness the restoration of concord and prosperity in the Institution, we shall not widen the breach by offering those animadversions which press in upon our mind, but merely present the Public with the Circular which has excited our no tiie, and leave the world to judge of the propriety, the honesty, as well as the expe- diency or making such propositions, which cannot effect a single benefit either to the Institution or the Colony generally :


<. BANK Bui%DiNaa,.l«t APRIL, 1828. " SIR-I ntn dirrcted to inform you that the Board nre willing to .pay you off the full amount of your Stock, at par with interest, at 10 per Cent, fioin 16th February lost, in paper discounted by the Bank; but it it to be understood, that it any of the Bill» or Note», which may[fall to your share, should lw dishonoured at maturity, the Bank is not to he lirld in any degree responsible for the payment of them -, and that the Bank make this proposal on the principle of the joint liability which attaches as well tu the »feeders from the Institution, as to the con- tinuing partners. " I am, Sir,

your very obedient humble Servant,


Secretary of the Hank of New South Wales."

SEVERA i. complaints have been made to us relative to the non-arrival of the Gazettes in the interior, ev.n m many of the towns where Post-offiies aro established. This is really distressing to us, beoaure it is our chief aim, in wishing to contribute our quota to the de- frayment ol' the (expenses necessarily incurred by the Government in sustaining a Post-office, to secure a liberal patronage to our Journal, as an adequate return tor those labours which, it must be obvious to all, aro unintermitting in the public service. Wo are not expressing any dissatisfaction with the existing arrange- ments of the Post-olfire department in toe interior, since we have buen assured that every effort will be promptly resorted to for the purpose of giving the Newspaper gentry, as well Publishers ¡is Subscribers, every sa- tisfaction, considering the difficulties under which it is known the Authorities nece&snrily labour in putting such a machine into motion. But we really must find fault with some of our Subscribers, from whom we did hope bet- ter things, inasmuch as they are not content with the Proprietors paying the postage out of their own purses, but what ia more, are also desirous that the Publishers should be at the expense of delivering them ! Wè really are of opinion, when papers are forwarded 20, 30, and 40 mile» with un additional expense to ti» Proprietor, that the Subscriber might be ut the trouble of sending to the provincial Post-office tor his newspaper, until proper carrier« are appointed, which we believe is in regular course, tor the Authorities manifest every anxiety to promote the views of the people in this as well as other important mat- ters. We advert to this fact, because we are .satisfied no liberal and reflecting Colonist will say too much is required, when the Proprie- tors of the Journals exert themselves to the

utmost (as is the case with our own paper I * particularly) not only to {»ive tim latest, but ' also the most interesting News that may be obtainable, in order to gratify the public taste.


Colonel Mo HISS UT, the indefatigable Su- perintendent of Police, has obtained leave of absence to visit Newcastle, fur a few days. The duties of the Police-office, ad interim, are performed by FREDERICK A. HELY, Esq. Principal Superintendent of Convicts, who, wa have already times out of number declared, fills the seat of Justice in a way that does

him the highest honour.

It is remarkable that the gienter numberof runaway« brought before theS.dney Beuch are from the iron-gang at Portland Head. Hard usage and short rations is tbo plea put in for absconding. One of these gentry, lately brought before the Bench, set up the usual de- fence, and was asked by the Magistrate as to the quantity of provision allowed him. Five pounds of nour a week, together witt) beef and * proportion of peas, was the reply. .« Many in honest and industrious man in Iioland," mid his Worship, " has not one half so much to support bim ; and equally uumerous are the Mor families in that Country, who . have lothing the whole year round to subsist on but t scanty allowance of potatoes, and yet, f'el owa of your sort, who are allowed a weekly .ation of beef and flour, dare to complain of he hardship of the situation into which you

lave brought yourselves." This is but too


Montreal is to be fortified on an extensive cale as a depot, and strong military post.

The Commissariat at the Cape advertises nils on His Majesty's Treasury ata premium f 11 instead of 3 per cent, as formerly.

Lotteries are instituted in Calcutta, fur the mprovement of the Town. They amount, .erierally, to about 000,000 sicca rupees at a ime, or .upwards of £00,00;}, '

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Statements with respect to public men, and the most palpable misrepresentations of public ada, we should express no smalldegree of won- der at this other illiberal attick on an active Magistrate, which appeared in the lauf number .of that Journal. It not unfrequentlyhappeus, <hownver, thal attacks of this nature muy be .productive of^good ; inasmuch as the attention ot' those, who have some regard to truth, may be directed to the real state of the matter in question, and the individual, who has been um do the subject of unworthy und illiberal animadversion, lie thus completely exonerated even in tim opin on of those few upon whom any censorious observations appearing in the columns of a journal like the Monitor could

have un effect.

The ouse of the m.m Highett was one of the grossest nature. Ile was a mm known to the Police as a most disorderly character, and stated, on oath, not only to be living in a ntatoof adultery widi the wife of another man, bul to be in the constant habit of boating her in thu most cruel manner, and more than once ¡to have turned her into the streets at midnight, I literally miked. On the occasion alluded to I by Mr. Hull, the Magistrate, whose praiso I worthy conduct he so unjustifiably attacks, so I far from hearing a noise proceeding from the house, in tho evening, ".whilst walking past the <Wk-yurd," was called out of his house, at the hour of half-past eleven at night, by a female of reputed loose character, also lodging in the house of the " respectable matron," to quell a most violent affray, which had taken plica between these respectable persons, in this respectable house, and io which this respectable mau, Higgett, was promi- nently engaged. If this was nota case, taking all the circumstances together, in which a Magistrate was to interfere, we know not what is ; and if Magistrates, who devote their time, unrewarded, ¿o the public good, aro to be libelled by the public press for so doing, we should not be surprised if gentlemen would he- sitate before accepting of an office, which ten- ders them liable to such consequences in return for their exertions, and th .t the Country would soon be without a Magistracy. The gentle- man, whose conduct has been again called in question by the Monitor, is eminently entitled to the high praise of never withholding his assistance in his public capacity when called upon at any time, either of the night or day; and we do, therefore, say, that the manufacture of such " leaders" as his sixth, by the Moni- tor, in his last number, in order to gratify the bad passions of the enemies of morality and good order, to theexpenceof the Magist iacy, is, to say the least o: it, a perversion of intel- lect to the worst of purposes.

THE MUSICAL ABBKNTRB RKTURNED. At the instance, and owing to the instru- mentality of a respectable individual in the town of Sydney, a gold and musical repeater, with its appendages, altogether valued at £90, and which was stolen from the Gazette Office on the morning of Christmas Day last, has been restored to its owner this week j One or two of the appendages were absent, and the watch somewhat damaged, as it had evidently been committed to the earth, for some of the many days it had sir ay ed away. 7 he history of it« sudden departoie is rather singular. In the dwelling there were two female servants. One of those stole the walch, and planted it ; tho other, however, happened to be a witness of the act, and she (good-natured soul !) rob- bed Hie thief, inasmuch as she sprung the plant. The nooda and chattels were then conveyed to the custody of a celebrated re- ceiver, who rewarded the second thief with an odd piece of print or so. The articles, however, were so very valuable-as it aj> pears a musical repeater had not before vi sited the rising empire of Australia all the way from Switzerland-that the re. eiver was at a loss (knowing cove as he ever has been) to get it off his bauds. The reward oriered was so liberal, and the watch and one of the seals so truly remarkable, that the noted fence felt as convicted as if " the stroke wai from Heaven"-the motto of one of the seals-and offered to dispose of it, though it cost the former proprietor £00, for the sum of £5, even during the first week's absence ! From thence it commenced travelling-sometime« it was committed " dual to dust," and as often subject to exhumation-until we are credibly informed it was introduced to most of the distinguished houses ia town ; but there was no surmounting that obstinate advertising system that wits kept up, and as no one seemed anxious to dance to Norfolk Island, the Switzerland gentleman1 was reluctantly, though forcibly and feloniously, detained a piisouer in the Colony. About 2 or 3 weeks since a female might have become the pur- chaser for ten pounds f At lust, as we be- fore said, a respectable inhabitant beard a whisper or two on the subject, and, after communing with the owner, undertook to re- cover the loyal musician, which he in a few days salisfactoiily effected, and for which he is thus publicly thauked. The property has therefore been restored, but we know not from whence, or the way in which ihe resto- ration was effected, though it cost £10 less than the rewa id offered. If we could have arrived at the receiver, u, on whom our eye will ever continue stedfastly fixed, he should have emigrated to Norfolk Island, for the benefit of the Country ; for, had it not been

for such a character, the robbery would never

have occurred.

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Information was given to the Police, on Tuesday, that seven or eight armed bushran- gers bad made their appearance in thenci^h-' bourhood of Messrs. Berry and Wolstonecraft's estate, on the Noith Shore. A party of con- stables was immediately despatched in pur-

suit of the marauders.

A man, named Richards, who has been nearly two nvntlis in custody, on a charge of violent assault on a female, and who is brought up before the Bench every day to hear the certificate from the surgeon, under whose caie the unfortunate woman is, is still directed to be detained, the object of his vio- lence not being considered out of danger/

A notorious character, named Pharoah Sco ton, who has successively absconded from every iron-gang in the Colony, was brought

before the Bench, charged with running from j °f < the iron-gang at Portland Head, and sentenced Ithe

to a penal settlement for the remainder of hisjstic

sentence, »wh

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