LOCAL AND GENERAL.

Samoa Times and South Sea Advertiser, Volume I, Issue 64, 11 January 1890, Page 2

LOCAL AND GENERAL.

The proper thing has been dmio at last with regard to the ferry at the Vaieigsgo River A small punt. capahla af holding six parsons at once, is e*w doing servhr instead of the old boat, and th« ronvriiionon will ha greatly appreciated by tlio public. We regret to state that riurintr part of last week Mr. Harper wa« confined to his house by a rclaps* of his Ist* Ulnae*. He is, however, nbont again, nnd seems none th» worse. Mr. Pctor BsasSsitasoii, the well-known manager of MiiHtanna pbintation, was n visitor to town this week, through having met with an accident to »nr> of his finr»rs. and i' is Peered the finger, or perhnp« the whole hand, will have to he amputated. Some of one equestrians, who, on see/met h* thefr positions in Apia. f-disWy imagined they endd set the law at defiance, by riding madly through i«ar streets, have just fnnnil oift the* mtMoke. TV flt«ah*l. the has iust sntlvineed (hamiajka «n«U>a#]r by inflicting a fins w * |e tee dollars each, for iif | and the U.B. Ties. ft*eaf 1 tjae taken anion to prevent ftt ssjtfMew* OaneaamMwt. *»" •rtlfw*n mm

•**f*«f hUhissh... Mr. 1 Jfetl,,<r »oa*a»eSß SB f w • fun j tun*, asvl af Msasiecevary th* B)du«y aWore held o*4 very Mid* h»pe. , 0* Batmday hat las \V«i..ui took away vrhh her Messrs. of Masses. MoArwsr ami Oo.'e oaubliahataat, sad Mr. Gremmuhl, who each go ta New Zealand on an ext<«nd«d trip for the ben.fit of Uoir health. Br ths same steataejr Mrs. Dean and Miss A. ltoan alao left to j .in our old fellow-toMrnsninn. Mr. S. |K-an. on a haglhjsujasyuis Auatralia. In time • e hope toam thnin oil return qidtv •st up by the trip. By latest sdvie*s we learn t!ia> Mc E. W. Ourr was lately at Adelaide, Bouth Auatralia. having returned f r .»in Euglaut), t» rout* for Sam<«. By thia time Mr. Ourr may lie on hit wav to Apia hythsa.a. Richmond, which was to ha«e left Auckland ou the Bth inat., n» it was Mr. Onrr'a intention to visat New Zealand intniediatelv ;>rir»r to his return. We are sure all" Apiana will w-home Mr. Quit hack. Ho has beon (,'rentlv missed, b->th in hnsi'ir-ss and *H!ial life, espwi.dlv during tie- late Miriattuas feat vitira,

List month in the Supremo Court of Fiji Mr. Uarriek. Q.C.. moved that the e.i<.e of Cornwall ami Man enia v. William MeArtluir aid (V, |,„ q-iasbed on legal grounds. This appiiiatinii, if gi.u.ted, would have hail the effect i,f bringing about a new hearing of the ( «su in Samoa, and the «ithdriwa! of the appeals set down f.r hearing this month at .Suva. The Application was refused Mr. V. S. Solomon, Q.C . appinired for Cornwall and Ma<:aema

\\» hog to rail ihe ntten'ion of our renders to the sale of Mr. Beotham'a furniture, alvertised for Monday, at Messrs. tJurr nnd Co.'a auction rooms. Mr. Heethnm has been for some months Unable toatt*nd t > his business through sickness, a ,,d his funds were about exbiu»fed when he left hero for Sydney, to undergo an operation. As e n-i'l.rnl !.- sympathy is felt for him by all .lasses' ~f th-' commuiiitv, we fe.l uss„r..d the sm|» of his furniture *il! command nl-.rgc nf.-.,1:1m,. and S; iritcl bidding W« understand i>m» -u. „..•;..., ; s a '""" t" '- f.n i,i.m : ■ i! i! \[.\ Cot. •ni>.i,;iii..r, i ■ . i i.v M-sms. I', \y (inrv !,.. 1 I , , f t : 's pl«c u.: ii • Mr. M .el; .-. „ ~ . ''"' >"p! ntuiiv.. . f <>:■,■ ;, v ,.r I» m/.. ii; 1 f'o. t< S-,.!., ~ ;,, ~ . ~, Hie sum -,f £|.v, nu.i im r- -• «!,;. |, M-.,.-: finrrrmlfv ,■!.,,.•, ~, ~ ~..., of disburs,.mi.nt-•!! idc ■;•, i work dol,e bv thuu. as agents for Mi. M.„knv Thi'cr.se will pr.duoly in s.i:| f, ; t u i«■ -» of interest for thoie of .in ' avosiieii who nro aetiug us age,,ts I*, i■ for-ign principals. Although thn ~v f. V i.iv.vhi.ie in Samoa is bad limes, nil i business people all mini. lain of slack (rale, yet the carpenters do m-t • m to !,.■ in a like position For the !«„t (|, r .. ~,. four months wo liaro Ik n coiiliuiiallv mentioning new buildings nnd alterations, and this i«sn.> again ( -.,. r ,,,t,, , t enrpent. i'.s life mil-1 be a hnpj.y on« Mr. Partsch, of the Tivoli. h-, j-,-' on tho eve of completion al M .t.-ifele. lie tw»>en nos«iih(-i--'s old store nil I Adam's blacksmith shop, a coinuiodiois store nnd dwelling housi,.',() x .'lB. nf six nomsand shop. Tlie building will so-.n be opened nnd will be quite tho 'tore in the locality. A lift!- nearer this way. we n .'iee Mary Ob.-fg new and neat buihlinc on the site of h.-r old premises, and its anpearanc" quite lightens up the neighbourhood. Across the road, behind thw house so long occupied by Mr. Wolfforwlorff, Mr Freire. late of the Utnmapu plantation, haa run up a shosl. where ho is now currying on thn manufacture of seltzer \ water, and, although in its infancy, j Mr. Freixe is confidant his business i will ui-ow rapidlv. especislly us ho intends n'so making lemonade nnd other mrntcd alters. Mr. 11. J. Moors is adding a large double verandah to the western side of 1 is house, nnd whe?) completed it will nmko tho pre. mises bv far the most imposing i,i ; Apia, whilethe promenndcon the baloooy will he. a boo,, to Mr. Moors and ' his friends. The old Apia ITotel is also undergoing extensive alterations. | A large Terandnh, about sixteon feet wide, has been run all round the three •ides, while the old rafters are being itiongthen'-d, and a cilinr is being iitit to tho barroom. When finished, Mr. Fnbricius will hnv.i an hotel far inperior to tho old house. The Psyche, another miser for the \ustrnlisn Auxiliary Pquadron. has lieen launched. Tho Psycho is a ste. 1 Tiiiser of the protective type, built for ho Admiralty from deigns by Mr. \V. II White, and mt-ndej for the prot.-c----ion of the Australian colonies. It ras decided at a cmf.-r.iai « held about hreo years ago that tho Home <;..- tarnment shouli build and rquip five misers and two gunboau, while the oloniea should paj interest -m the first eat at • p* seat. the maximum to bo I thsrt they should elm asssssssssssssssssW asssstsi sflasM aHMsasTatsVsa as\QJUsm

U.B. CONSULAR COURT. | MOOR* V'• CHAHr.RNiIBR." JrooMicTr in the if«:»» n*ii»n »M dnUveml hj tho U.S. Ooa»ul»r Curt lon Patarday lout. Th«r» was a Urge attendance of cili»-i>». Th* following in Ih* judgment '■ 1. Tint l.y uturtiiu bill of Ming dated in rhm Krantdmo the Wth Oct., 18S<», Ihe muster of the American schooner Dmßmp( agreed to deliver to Mr. II J. Moors, lit the port of Apia, twtnin goods io good order and roodition, tbo dangers of tho sea*, only »<v«epto 1. •J. I hat mid goods were not deliw- ' erel in good older, hut. ns shown in evident-*-, were ih livcrcd in ft I'udiv iluina.'t'.i condition. 3. The question now urine*. Was this damage caused by tho only exeoptionion tho hill of Udintr. viz . " Duni;ui« of tli-s-ns?" The Court's opinion j is that "he defendants have foile I to ■ prove that tho damage whs cau-od in • this way. The ship's lug was not ' produced to prove thin, the most natural proof to bring, as iha* l»> -k. kept i by the first mate, should show everytdiiiU that occurred on th<> voyage, and ' should contain nn entry corresponding with the captain's statement regarding the heavy sea* on tho 14th and loth i of November, nnd tho continue I bad ! wea'hnr nmil the 20th. During the**) heavy seas, had tho cargo oil deck j shifto-l. or anything occurred to alter ' it* position, the Court is of opinion : that it would have been perceptible to tho mariners on hoard the vessel. and an entry mide in the log nt the tiiuo This however, has not boot put in evidence, nn 1 tbo preoimptinn is that no such entry is eiiiain-d in • ir. Again, no protest was :na'l'< by the master on his arrival here, which fact must be noticod with some degree 'of suspicion. This is certainly n ciso in which a protest would have boon made Tho captain states that ho did not thitik the stress of weather during tlie voyage, which consisted of col its with heavy cross seis, sufficient en i* > to warrant him niak- ]■ ij a protest on his arriv.il here, or culling u surv. y : but states that lie \«u* surprised t.i tinl tli" d linage dune to the'-ii-go owing !o the uouther !■<■ I; id I'll the |VrI»W.IJ« , n. Til • MXMltd 111 it'' ;-■(•:!'» ' . tie- '. ivy -eu«, hut si,tl>-s tii.it oa univ il io Apia the >\>- !< had W-. . 'I li-ht. If. 1..-S.. KtUtf v.l< -.•■■„ ■ l> i'.1.l I'inil;'.' ,IoW 11, and evld-u'K !••!::. ...r .if pint-'' on urrival iieio to ■ .iu-e tie- lightest su'piciou tlni! any

!,-...<_-.• had-i cirr-d Mr. Mein, |.,t s<--wa:-'. •>:' i ii" t hallengo -, <»■ urs tha ii i hj« v. y - .i • ivci i' expi-i ■':. •«• 1, bu ; 1.-inli ! .« ■•. :li r ill! tilt' trip, exc-i, ■••') !.•• *.|i,:i!!s m-.-n- Apin. Il Ii u lii'.'i JM-.V-.I III!). ! ill. .I.t that Mli ! ....,,.,1 vv.'>.> il rongi-d liv n |.-ik down tlimust, canted from a tlit'i i iivn iii.'lk foil : lnii ii has n-t In -a proved ilia said defect was mused liv dangers o; tli.. sell. 4. It lias '«njn prove! ' i th" -ut;sfaction .if tho <'.»iirt th.it ih • ship in which the good-, in i[i....'i hi m-iiwil W i • M " co.lilll ill : •: ricr." a .1 as Mich Ii ildo fur damage done I . i,ir r ii, except, asilgm.'d ill hill of In ,;ng, mi. I, il.iiil.U'o is done or CUM-.I [t\ th, ll ill-' !- 'Il till' S-11. ti I' Jill- I- imi also |>i • >v.- I licit t!l< ilttm-iged jrmli with soil at public auction ill a I -v ill milliter, itml that tin s»l(l WUS COndtll.'toJ fairly. !t hu.lulsi Keen proved that tbo iron is would have u i ><| >it stimial lr brought inii. ii better prices hi 1 care I•«■*-!» ttikon in showing thoi'i i.i tin. I.eM advantage, which certainly was not done, an I ii sold in *iniiller lots. It it tlv< opinion of tlio Court that it was tho duty of the captain to see that these goods were Hold in the U-st manner possible, and instead ..f protesting ngaiukt the sale, hi! .should have assisted it in every way. so as to got in much out of the goods us posoitili', for tho benefit of all parties concerned. 6. It has further b<-on proved. beyond doubt, that the measure of damages in this case is the market value of the (foods st tiiu place of destination in the condition in vhich the carrier undertook to deliver them, at tho time when they should have Ihh.ii delivered, less the proper charges of transportation ami d.-livery. Interest <>n the vnlue from tho time when the goods should have been delivered mnv bo givon. It lias h.on proved tint the claim if tho petitioner is a fair market value for tho goods had they been in good order, viz., £942.00 Samoa n currency. Then.) goods not haviuif ben rocuived in good order, were legally sold at public auction and the price* realised m-ist bo tak»n as the value in their damaged suite viz.. §:uil.s7. which, boh* deducted from |9 l.'.'.m, the value hud the goods beendelivered according to agroenieiit leaves a balance of $581..1.1. Nam nun . iiirciiey, the amount of petitioner's claim. The Oiurt is further of opinion, it being outonmry in this country when snath ~re »old during a month, not to collectpayment until the begin*,,,, of the following month, interest in this oaae may be disallowed. I therefore adjudge t!mt th , J|)f danu in this action, the master « lld ojnera of the American echoon..