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I do myself the honour to inform you that, on the night of the 6th of October last, James Scobie was found murdered on the gold field of Ballarat. As he had been last seen coming from the Eureka Hotel, suspicion fell upon the landlord, James Bentley, his wife, and John Farrell, all of whom had formerly been convicts in Van Diemen's Land, and they were accordingly taken up, and brought before the bench of magistrates at Ballarat. |
The magistrates, after hearing the evidence and examining witnesses, pronounced the prisoners not guilty of the charges preferred against them, and they were accordingly released. |
This decision gave great dissatisfaction to the entire digging community of Ballarat; they denounced the presiding magistrate, Mr. Dewes, accused him of being connected by interest with Bentley, and broadly asserted that he had been bought over. |
Infuriated with rage, a vast assemblage of diggers was soon on the ground; and notwithstanding the exertions of the Magistrates, police, and a small party of military, they set fire to the hotel, sacked it, and burnt it to the ground, and with infinite difficulty the prisoners obtained safety in the camp, and escaped the summary capital punishment to which it was intended to subject them. |
The knowledge of strength which they now had acquired and the indecision and oscillation of the authorities in allowing the riot to get head, caused the diggers to hold mass meetings, use the most threatening language to the officers on the gold field, and led them to fear that an attack would be made on the Government buildings, and that they in turn might be destroyed. |
On obtaining official information of these proceedings, I lost no time in making such dispositions as I concluded would enable the authorities to maintain the integrity of the law, and within four days, 450 military and police were on the ground, commanded by an officer in whom I had confidence, and who was instructed to enforce order and quiet, support the civil authority in the arrest of the ringleaders, and to use force, whenever legally called upon to do so, without regard to the consequences which might ensue. |
These dispositions, and the knowledge that the military were instructed to act, checked all further movement on the part of the diggers. Four of the supposed ringleaders were arrested, and very heavy bail taken for their appearance to stand their trial. Gradually the irritation subsided, and the diggers returned to their ordinary labour; but the law officers of the Crown being of opinion that sufficient evidence did exist to criminate Bentley, his wife, and Farrell, they were again arrested, and are now in prison awaiting their trial at the approaching assize. |
The movement being now quelled, it behoved me to investigate the charges which poured in from all quarters, of general corruption On the part of the authorities of the Ballarat gold field; and, accordingly, I appointed a Board of Inquiry, composed of officers of standing and ability, and directed them to proceed to Ballarat, and ascertain if there was any foundation for these charges. |
The Board report that the stipendiary magistrate, Mr. Dewes, had obtained loans of money from various individuals resident at Ballarat, and state "that such acts cannot be too severely animadverted upon as tending to subvert public confidence in the integrity and impartiality of the bench." |
They also report Sergeant Major Milne, of the police force, as guilty of receiving bribes; but, with these exceptions, they are unanimous in declaring that the conduct of the officers on the Ballarat gold field has been honourable and correct. |
I have directed that Mr. Dewes' name be erased from the Commission of the Peace, and have requested the Attorney General to inform me whether Sergeant Major Milne can be prosecuted for receiving money illegally. |
William Walker stood indicted for the wilful murder of Thomas Woods, by shooting him with a pistol, on the 22d May last, in the district of Cassilis; and John Gore stood likewise indicted for aiding and abetting in the commission of the said murder. |
Mr. Therry, who conducted the case for the crown, without making any statement to the Jury, called |
James Driscoll - I am assigned to Major Druitt, upon his farm at Cassilis; on the 21st May, I was in the lock up of Mr. Busby, for being in the bush; I was sentenced to corporal punishment, but had to wait; I gave myself up to Mr. Sibthorp, by superintendent; when I absconded, Gore, with Reiley, Field, and Gray, went with me, Gray was with me, and Lipscomb in the lock up; the other prisoner belongs to Mr. Fitzgerald's station; on the night of the 24th May, the two prisoners came to the lock up (we were all asleep at the time) they knocked at the door, the constable Wm. Byrnes, enquired who was that? one of them said he had got a prisoner, whom he had found in the creek; Byrnes went for a piece of wood for a light; when he was putting the wood on the fire, Walker said, don't make a light, I want some tea and sugar; Byrnes point to a box said, there it is; they then put the constable into a corner, and tied him up; they searched the place, Walker enquired how many men he had in custody? he said four; Walker then said you have got a man named James Driscock; Byrnes said yes; Walker then ordered two to come out, and then another, and then they ordered me to come out; we all stood at the fire for a time, the constable remaining tied up; the prisoners then tied Woods and myself together by the hands; Walker stood at the door with a pistol in is hand, his face was painted, and he had on a pea jacket; it was Gore who tied us up; the constable asked what they were going to do with us; they said to carry the swag for them; Walker told Gore to take a bayonet, which was at that time stuck in the wall; they then opened the door, and were going out, when I said to Walker, young man, I don't want to go into the bush; he put a pistol to my head, and bid me hold my tongue; Woods and me then, by Walker's orders, each took a bundle, Gore walked first, Woods and me in the middle, and Walker behind, with the pistol; they made us walk on the side of the road; we went towards Jones' Road, and halted near to Binnagaray, upon a little ridge; day then was beginning to break, Gore struck a light, and said they would have some tea; we made a fire, Gore put a large tree on the fire. Gore then ordered us to stand up back to back, and tied our four hands together; he then said he would tie an handkerchief round our eyes, so that we could see which way they went; Walker was sitting at this time upon a log with a pistol in his hand; when Gore tied our eyes, he stepped to one side; the pistol was then fire, Woodsfell, and me with him; Walker was about four feet from us; when he fired he came round, and stood over me; he struck me twice with the butt end of the pistol on the forehead, and knocked me down, a little afterwards I got up, and ran away, Walker after me; when I had got a little distance, I fell down over a tree; when I got up I saw Walker returning, and in a little time saw Gore and him standing by the fire; cannot tell whether Woods struggled or not, being myself so frightened; I made for Binngoroy station, when I got there I saw James Ryall, I told him what had happened at the lock up; I stopped there about an hour and a half, when Gore came I ran out of the hut, and concealed myself behind a sheep yard; I was then called in by one of the men; Gore met me at the door, he said to me, "you are a lucky man, my life is in your hands;" he asked me if there was any blood on his face; there was not; his face seemed to have been washed; he asked me to say nothing about it, being frightened, I promised him I would not; he then got some water to wash the blood off my face; I had a basin of milk; he then asked me to go into the bush with him, but I refused, and went on to the head station, where Mr. Sibthorp was; I saw him, and told him that two men had come to the lock up, and taken us out; I mentioned the name of Gore, but not that of Walker; I did not know him; that was about seven or eight o'clock in the morning; the next day I was taken to see the body; I then said he was the same that had been tied to me; the body had been brought to Binngenay by those who found it; it was much burnt and shrivelled up; there was a wound on the breast, but it did not show plainly from having been burnt; Walker was facing Woods when the pistol was fired; Gore and I took the bush together; I stopped with him two days, when I gave myself up; during that time we robbed a sheep station belonging to Mr. King; we got some tea and sugar, and a pea jacket; it was by Gore's desire that we separated in the bush? when I met Gore at Binnegoroy, he said that he had heard I told Mr. Busby of the robbery at Mr. King's. (Further corroborative evidence being heard - the learned prosecutor for the crown called.) |
Luke Sibthorpe. - On the 20th May last, I was at Bennegillaroy; I saw Woods on that day - stopt and searched him, he said he had been robbed of a pistol the night before; I took him into custody and gave him in charge of a constable; on the Sunday morning I received a note from Mr. Busby to muster as many men as I could - to get a black boy and meet him without delay. (He then corroborated part of Driscoll's evidence.) They went to track them. We could not see any tracks, but the black boy ran them easily, and said in his native tongue that there were four. Blacks are so quick in tracking, that he showed us where they had stumbled over bushes in the night, and the cause of their fall. As we were going along Mr. Busby cried out, Good God! here is the body. It was laying on a fire against a forked tree. I recognised it immediately; it was laying partly side ways but not so much consumed as to prevent identification. The black boy got sick and declined tracking any more that day, but said when the sun rose on he morrow he would be able to track the prisoners. We afterwards proceeded to Walker's hut and took him into custody. Thinking that Driscoll had something to do in the murder, I ordered him to go up to see the body. When brought to view the body I said, Driscoll is not that a horrible sight? He put both his hands up to his face and burst out a crying and said, "Sir, Gore is one of the men who murdered him, I don't know the other man's name." (Driscoll then told him the same story as given in his evidence above.) This closed the case for the prosecution. |
Mr. Windeyer, Junior, on the part of the prisoners, then took two objections: 1st, that since the issuing of the King's proclamation in November last, making legal counties in this colony, all the legality applied to them, as to counties in England. In all informations at home it was required that the particular country wherein the offence had been committed should be set forth. In this information it merely said in New South Wales to wit, whereas the country also should have been specified. |
Mr. Justice Burton said he was quite willing to hear any argument upon the point, but the practice alluded to did not apply here for this reason - that the Supreme Court sitting here had jurisdiction over the whole colony, whilst by the English Common Law the offender must be tried in the county where the offence has been committed. If circuit courts were established here the objection might be good, but at present it was only one large country. He however would take a note of the matter. |
Mr. Windeyer said, the next point was that the name of the deceased had not been properly proved, viz.: as to whether it was Wood or Woods as it ought to have been according to 2nd Hale page 181. In support of his opinion he alluded to the case of Sheen for the murder of his child. |
Mr. Justice Burton, considered that the question of identity of person was one for the Jury; but even if it were good, it would be of no advantage to the prisoners, inasmuch as he would immediately direct a fresh information to be drawn up against them. |
Two or three witnesses were then called, but their evidence contained nothing material. |
His Honor, previous to summing up, requested the Jury would stand whilst he was going through the evidence in order that their attention might be kept awake, as no doubt from the length of time they had been sitting, some of them were fatigued. When he had gone very carefully through the whole case, the Jury retired for five minutes, and returned a verdict of Guilty. |
His Honor then proceeded to pass sentence, in doing which he observed that it then became his duty to pass upon them that sentence the most awful a Judge could pass, as it was to usher them before the Great Judge of all the world. The Jury had found them guilty after a long and impartial trial. He (himself) had no doubt whatever of their guilt; he could have felt no hesitation whatever in returning the same verdict. There were few cases perhaps in which the guilt of the parties was rendered more plain than their's. It had pleased the Almighty God to place around them such circumstances as could not fail to establish a conviction. They might have thought that the darkness of night would conceal their guilt, but, it was well for all to know that where blood was shed the perpetrator rarely escaped in this world, or if he did, still an awful judgment awaited him in the next. Short was the time between a murderer's conviction, and his groan! He entreated them as they knew they would shortly have to appear before an all seeing Judge, to prepare themselves, by a confession of their guilt, not so much for the satisfaction of their Judges here, but by clearing their own conscience they might be the better prepared to enter into the presence of the Great Judge of all. He then proceeded to pass sentence of death upon them, and ordered them for execution on Monday morning. |
The two men William Walker and John Gore, tried on Saturday, were again put to the bar this morning. - His Honor addressing them, said - "Prisoners, you are now placed again at the bar in order that a certain part of your sentence may be amended. You were convicted on Saturday, and sentenced to death. There was, however, an informality in that sentence, and the Judges have caused it to be amended. The Court would have been grieved to have brought you here unnecessarily, but you have been given longer time for repentance, of which I trust you make the best use in your power." The sentence of the Court was, that they should be taken to the place from whence they came, and on Wednesday morning to the place of execution, and there be hanged by the neck until they were dead, their bodies afterwards to be given over to the Surgeons, to be dissected and anatomised. |
(It was the latter part of the sentence which constituted the informality, it having been omitted in the sentence passed on Saturday.) |
I every day defer writing, but the day must come when it must be done, but oh! no pen can express with truth the pain and agony of the heart that dictates. We sailed from Plymouth with a fair wind on Tuesday, 13th November. My throat after applying leeches was better, and so I thought our dear children were, but hopes were vain; in a day or so they gradually began to decline, and on Wednesday, 21st, at ten minutes past seven in the morning, our dear boy breathed his last on my lap. Oh, how can I proceed! My heart is almost ready to burst. Soon after four o'clock his body was consigned to the deep about 90 miles from Oporto. Our dear girl still was left us; for her we prayed that she might be saved. But no, God in his good time thought fit to take her also to Himself. About half-past twelve her dear spirit flew to that mansion from which no traveller returns, so you see in less than 24 hours our darlings were both in the bosom of their God. Poor Mrs. Richman's third child is going to be buried this afternoon, but they still have three left. Eight children have died since we left London. Mrs. Richman's first suffered the same as our dear boy, the other two from sore throats, with which almost everyone has been attacked, and had it not been for the leeches I should have gone also. My tongue began to swell, and I could scarcely speak or breathe, but now both George and myself are well, with the exception of weakness. |
The warm weather here brings out swarms of small flies, cockroaches and bugs, the last mentioned on comparison are trifling inconveniences |
There is another child dead to-day, making in all 17, and I believe all could have been saved with care and proper medical attention. |
We have had three children born on board. One was dead and the others with their mothers are doing well. The ship is like a little town, so much scandal and ill-nature, and prying into each other's affairs, you would hardly believe. We have found the preserved meat the last eleven weeks so bad that we cannot eat it, and that is served to us three times a week. What a treat a little fresh meat will be to us, but this voyage will reconcile us to many things on shore we should have thought very hardly of had we gone from England to Australia without it. |
My dear Grandfather & Grandma, We are very comfortably settled about twenty five miles from Melbourne on a station, not in partnership with but on the same place with Mr & Mrs Dawson. George has now 45 head of cattle which he expects in ten years will have increased to 880 head which at the present worth will be - about £6000. Meanwhile we hope soon to pay all our expenses by our dairy; the expense of living here being very small, ten pounds a year for a licence being all the rent and taxes. We have as much firing as we like to cut, we have a garden with plenty of vegetables, and poultry and pigs. Persons in the country have been getting six shillings a dozen for their eggs, but I do not expect they will be so high when I have any to sell. Provisions are very fluctuating in price, when we arrived the 4. lb loaf was three shillings, now it is only one, so you may be sure we have laid in a good stock of flour. |
This is generally called a very fine climate but give me home as yet. To be sure you have a great deal of bad weather that we are spared, but it is very hot here now, and very changeable, the thermometer at this time is 104 in the shade, I leave you to judge what it must be in the sun. As for insects they are more numerous than you can imagine, the flies bite terribly and being a new corner have feasted on me. |
The children have not had a day's illness since their arrival, they do not mind the heat, you may be sure they are not- burdened with many clothes. Prid is becoming an expert judge of cattle and grows very fast, so like his father. As for Willie, if ever there was a brag he is one, and it would fill a volume to tell you what he is going to do when he grows up a man. Amongst other things they are both going to take me to London Bridge in a ship to see you all. - |
Mary wrote me an account of your removal and robbery. I trust you have no more frights and that you now find your new abode more comforable than the old one; more airy I am sure it must be. I do not, think I could live in London now, the air is so fresh here, we have plenty of wind and when it rains it comes down in torrents. I tell you in a few words what I think of this place. Any one, like ourselves, willing to work (for I could not get a woman servant to come here for any wages) and put up with a few inconveniences and discomforts, let them come; but to the poor industrious mechanic or labourer and his wife and family the advantage is beyond description and I would not hesitate to say none would regret leaving England. Unfortunately there are too many here that will always be poor, for they will perhaps only work two or three days in the week and spend all they get in drink. A person in want of food is a thing not known. I saw no beggar while I was in Melbourne and Captain Howey who has lived there these nine months was only asked for alms once and that was a tipsy woman who wanted a shilling to get something to drink. |
Now my dear Grandfather and Grandma that I have come to the end of my paper, I must wish you a happy new year and though so far separated from you be sure I do not think of you the less. It was ordained for the best that we came here. I have no doubt it turn out so. We are sure of making a comfortable independence for ourselves and being able to put our children in the way of doing so too. How much better it is than staying at home with no prospect but that of Bankruptcy and poverty - staring us in the face. |
Jonathan Leitch, Master of the brig Atalanta, was indicted for violently assaulting one Abraham Blaxland, a seaman on board that vessel. |
The indictment contained two counts - charging two separate assaults - the first committed on the 18th of Feb, and another on the 18th of May last. |
The defendant pleaded Not Guilty. The Attorney-General stated the case. The defendant was charged with a common assault, admitted on the high seas. By the New South Wales Act, jurisdiction was given to the Supreme Court of that Colony, over offences like the present, which might be committed at sea. The possible defence which would be made to that charge, was that discipline should be kept up on board a vessel by a master among his people. It, however, was a question entirely resting with the Jury on the evidence which should be adduced; it was for them to decide whether the violence alleged to have been exercised by the defendant, was more than commensurate with the faults of the men. If it were, the defendant, in law, was criminal. The Master was certainly vested with some degree of power, to inflict punishment; but then, in the exercise thereof, it must be of that nature as not to border on harshness or severity, when the occasion did not require it. The present case was not one of that description - he believed that nothing approaching to a violent resistance, of the Commanding Officer's orders or the least particle of insubordination, had been manifested among any one of the crew. From the depositions then before him, a clear case of assault appeared to have been committed, without any justifiable reason for doing so, whatever. |
ABRAHAM BLAXLAND sworn - examined. Is a seaman belonging to the brig Atalanta. The defendant is Master of that vessel. Witness shipped at Rio de Janeiro, in March last, and acted in the vessel from thence, till her arrival at this port, in the capacity of cook. On the 18th day of the same month, sometime towards evening, he was employed in the ship's galley, in preparing some heated water for the cuddy. Witness had occasion to leave the galley, a few minutes, and on his return found that the kettle had "capsized," and the contents run out - he thereupon took the boiler, for the purpose of getting it re-filled with water, when defendant met him, and on hearing of the disaster, said, witness was drunk, and immediately laid hold of the fore-sheet, which he laid about him for some moments. Witness endeavoured to escape from defendant's fury, by running over to the other side of the deck; defendant then left the rope, and caught hold of a pair of iron fire tongs; with which weapon he was also repeatedly struck. Witness was much injured in the body, in consequence of the violence. There were several of the crew on deck at the time. On another occasion, the 8th of May, defendant came into the galley, and accused witness of being drunk - on being about to reply to this charge, defendant knocked a knife out of witness' mouth, and then took hold of a piece of iron, used for the purpose of breaking coal, with which he inflicted many blows on his head and other parts of the body. The iron instrument was about two feet in length, and two inches in circumference. Witness cannot say how many blows he received; but knows, they were "very many." He was nearly deprived of sense, in consequence of their violence. Defendant swore on this occasion, that he would take his (the witness's) life. Had not drank any thing in the way of spirits, that day, beyond the usual allowance of grog. |
Cross-examined. - The first assault took place on the 18th of of March last; the second mate told him it was on that date. Does not know the day of the week. The water was spilt by accident, and not occasioned by witness being drunk. He and the whole of his shipmates are under a sentence of the Bench of Sydney Magistrates to imprisonment in the goal. Witness will not trust his life again with the Captain. The master's finger bled when he knocked the knife out of witness' mouth. It was not occasioned from witness striking at the Captain with it. |
John Henson deposed, that he is a seaman belonging to the same vessel as last witness; saw the two assaults complained of. Witness, on one of the two occasions, endeavoured to get his shipmate off from being further beaten, by saying, "Oh Captain, don't kill him." The latter left off striking the other man, and levelled a blow at witness. The man was very much injured from the severe blows he received; and was incapacitated from pursuing his ordinary work, but in extreme pain. Was not present at the commencement of the second assault; but saw the Captain strike prosecutor first with a rope attached to the fore sheet, and afterwards with an iron bolt. |
Cross-examined. - It was stated by the Captain, in the course of the voyage, that a greater part of two casks of wine had been drawn off in the hold of the vessel. Believes he accused the seamen of doing it. Believes it was on the two occasions that the alledged assaults took place, on the robbery being discovered. Never saw any of the seamen drunk on board. |
Re-examined - The defendant came to witness the day after he was assaulted, and asked him to say "yes" - meaning that he, witness was drunk on the previous day. Believes it was intended to be entered in the log book. Some other evidences deposed to a similar effect. |
The Attorney General here closed the case for the prosecution. |
Was freighter of the Atalanta from Rio de Janeiro to this port. Was passenger in the vessel. Knows the carpenter and cook were "rope's-ended' in the course of the voyage. They made no complaints to witness of ill-treatment. Has seen the second mate drunk. The whole of the crew, with the exception of the boys, were shipped at Rio de Janeiro. There were two casks of wine spoiled in the hold, allowing for leakage of the casks. A great quantity was embezzled. Never saw nor heard the blows which had been represented by witnesses to the Court. Never heard that any seaman was unable to do his duty in consequence of them. |
Cross-examined - Never heard such a thing before as a whole ship's crew leaving a vessel altogether, when prosecuting a voyage, which they were bound to perform by articles. Witness chartered the Atalanta at Rio de Janeiro. There were no mariners on board. Does not know for what reason the men left the vessel. Never saw above one man drunk on the voyage. Never saw a man on board strike any one of their officers. |
THOMAS HAY deposed, that he is cabin boy belonging to the Atalanta - sailed from London to Rio de Janeiro, and there entered into articles with the Captain - deponent during the voyage has frequently desired him to tell Mr. Barboza, that the cook was drunk, else he would flog him - witness did so from fear - will now swear he never once saw a man drunk on board; defendant generally used both hands and feet after he had laid about the rope's end. |
Cross-examined - between 13 and 14 men sailed with the vessel from London - the whole of them, with the exception of witness and another, had left the vessel at Rio - it was on account of bad usage - whilst at that port, witness endeavoured to go on shore with the other men to the English Consul, but was prevented - one man, named Alexander Murphy, was drowned in escaping the vessel, while swimming on shore; - on arriving at Sydney, the crew determined to come on shore "to seek their rights" - the first time witness heard that the Captain made a complaint against the crew for leaving the vessel, was when he called at the office of the Attorney -General. |
The JUDGE summed up. - the fact of an Assault on the Cook, his Honor observed, was incontestibly proved - there was no single fact adduced in evidence, to shew what the man had done, to call for the exercise of legitimate authority - nor had there appeared ought to justify the defendant to go to such extremes as he had - the mariner had not been proved to have been either insolent or insubordinate in his conduct, - and if ever he had been culpable of one or both offences, the weapon that was used to administer correction was unfit for the purpose. It was very necessary that the Captain of a vessel should be invested with the power of punishing acts of insubordination, - but like every other investment of authority, it should be dispensed judiciously. Some circumstances had been brought to the notice of the Court, relative to a quantity of wine, which, it appeared, had been abstracted; - whether the cook was a party to the theft, did not appear, - and, even if it did, in effect it could furnish no case for the defendant, unless it was proved that the man took the wine, and thereby got drunk. The defence had mainly gone on the credibility of the evidence for the prosecution. It was urged in the Defence, why not apply for justice at Van Diemen's Land? - that was a circumstance of very little importance - a thousand circumstances might arise, either from the shortness of the ship's stay there, or want of opportunity. The men reserved their application to that Court, and they had made it - another circumstance, however, deserved much consideration, which was, that the persons who had given their evidence that day, had been brought up from gaol, on a complaint made by the Captain, of a refusal on their part, to proceed with the vessel to sea. |
Mr. BARBOZA had stated, the first time he heard of any complaint from the Captain against the men was on the Monday after they had absented themselves - why should they subject themselves to 3 months imprisonment, unless they had some reason for so doing? - what answer did the men give to that query, they say, "we consider our lives in danger." The whole of the witnesses agreed to an assault having been committed on two several days; it was true, and indeed very probable, that in the recital of the assault, there might have been some exaggeration Mr. Barboza stated he knew nothing beyond a "rope's ending;" thinks from his situation on board, the degree of violence which was represented, would have come to his ears; and therefore it was only natural to infer, the story had been exaggerated, from a degree of bias, operating on the minds of the evidences; it nevertheless, did not go so far as to say, that the assault was without foundation, or that the alleged assault had not been committed. |
The Jury after about five minutes consultation found the defendant guilty. |
The MASTER of the Atalanta was this day brought up for sentence. An arrest of judgment was moved on sundry objections, which the Court overruled, and the Chief Justice adjudged the defendant to pay a fine of 50£ to the King, and be imprisoned 'til such fine was paid. |
Abbreviations- For P. read penalty- for forf. read forfeiture; for M. read Magistrate; and for B.M. Bench of Magistrates. |
Agreements- not cognizable unless written and registered; being witnessed by one person not a prisoner, Nov. 13 1800. |
Apprentices and Deserters- forbid to be harboured or inveigled- p. 6 months hard labour exclusive of penalties by law ordained, if free; and if a prisoner, 100 lashes with other penalties at discretion of a Bench. Sept. 22, 1804. |
Arms and Ammunition- prohibited to be landed without permit; p. forf. of bond and charter party. July 24, 1802. |
Assault- every description of persons to obtain redress by action or indictment; and persons beating prisoners assigned them to forfeit such future indulgence. May 5, 1803. |
Assignments- not cognizable unless drawn up at the Judge Advocate's Office, and registered. Feb. 26, 1802. |
Bakers- to make bread of one quality only; viz. 24lbs of bran to be taken from 100lbs of wheat; to charge 4d in money, or 2.5 lbs of wheat for a loaf weighing 2lbs. 1 ounce when new, and 2lbs. If one day old- P. 5£. & otherwise at discretion of a Bench, May 8, 1801, and Feb 17, 1804. (Note- In litigations relative to the above charges no other than the sterling value of money is to be considered- for which see the article Specie) |
Bakers- to pay no more than 1s per bushel for grinding wheat into flour. Feb. 17, 1804. |
Barrack Bedding & Furniture- prohibited to be purchased- p. indictment for receiving stolen goods; Mar 14, 1801. |
Boats- belonging to individuals to land only at the hospital wharf, unless by permission- p. seizure. Feb. 6, 1804. |
--- - forbid to convey spirits without permit- p. seizure. Oct. 24, 1801. |
--- - employed in the Hawkesbury trade not to depart from thence or from Sydney without 3 days notice of departure- In case of attack to cut away masts, and run on shore; and to be provided with an axe or tomahawk- p. exemplary punishment. Nov. 9, 1800. |
--- - those on the River Hawkesbury to be numbered, registered, and chained at night- and not to be rowed about after dark- p. confiscation. |
--- - not to convey any person on board a vessel after notice of departure, without permission from the Governor or Officer in Command; p. forf. the boat to informer, and 5£ to Orphans. Nov. 19, 1802. |
--- - required to be all registered and numbered. p. forf. to Orphans. Nov. 19, 1802. |
--- - forbid being in Cockle Bay or Farm Cove, either ashore or afloat, after sunset; p. forf. to the Crown-- and all boats to be moored within the hospital wharf & hulk. Aug. 31, 1803. |
--- - conveying grain from Hawkesbury. No grain to be put into an open boat or one that is not trustworthy, or no complaint of damage therefrom cognizable; but if more grain be received than consistent with safety, the master to make good all loss or damage, lose the freight, and pay 5£ to Orphans; and 5£ also to Orphans, should grain appear to have been wetted to increase its weight or measure- B.M. Feb. 21, 1804. |
British Seamen forbid shipping in foreign vessels during the war- p. 40£. Bench of Magistrates. Aug. 11, 1804. |
Butchers- none to vend carcase meat but such as are licensed- p. 5£, and imprisonment 1 year. - Licensed butchers to enter into recognizances to observe as follows- not to kill any breeding flock, nor to send live stock or carcase meat on board vessels without permission; to deliver to the Governor a weekly return of stock killed, purchased, and sold; not to demand more than 1s. 8d. per lb. for beef, 1s. per lb. for mutton, & 8.5d. per lb. for pork; and not to sell meat by the joint, but by weight- p. forf. of license and Recognizances, the latter to informer. Bench of Mag. Oct. 14, 1804. (Payment to be regulated by the sterling value of money, for which see Specie.) |
Cedar growing at Hawkesbury not to be cut down or removed without permission- P. confiscation, with that also of the cart or boat removing it, to public use. April 2, 1802. |
Centinels- to oblige every person (except an Officer), to advance when challenged; and to confine every person who presumes to answer "Officer" without authority. Dec. 14, 1804. |
--- - when stores, &c. are to be placed in charge of a centinel, application must be made to the Serjeant of the Guard, from whom he is to receive instructions- otherwise the centinel not accountable. Nov. 12, 1803. |
Certificates- No person to be employed unless he produces his certificate if a freeman, or his ticket of leave of a prisoner- P. employer to pay 5£. and 2s. 6d. for each day the man has been employed- and should he prove to be a prisoner without permission, P. 20£ and 2s. 6. per diem to Orphans. B.M. Aug. 4, 1804. |
--- - to persons about to depart the colony will not be granted unless their names be published one week previous to leaving the cove. March 30, 1805. |
Colonial vessels- to be registered; and pay Fees to Orphans, for Register 10s. for Permission to got to Botany Bay or Hawkesbury 2s. for Re-entry 2s. to go beyond Broken or Botany Bay 5s. Re-entry 5s. Oct. 15, 1800. |
--- - clearing for or from any dependent Settlement prohibited taking any person on board unless authorised- P. forf. of bond and recognizance. B.M. Sept. 27, 1804. |
--- - not to be allowed a clearance with more than 80 gallons of spirits for 26 men; 50 gallons for 18 men; 30 gallons for 12 men; and 18 gallons for 6 men, if going on a sealing or whaling voyage. June 16, 1805. |
--- - person having families not to enter on board, unless provision be made by the owners for their families while absent- the owners to find security also to return such persons when their engagement expires. Owners to maintain their men while on shore, or the latter may relinquish their contract. Sept. 5, 1805. |
Colonial vessels- Owners to provide sufficient provisions for the support of their men. P. by civil action. Sept. 5, 1805. |
--- - not to depart for oiling and sealing until bonds be entered into by the owners, binding themselves in 500£ and two Sureties in 50£ each, to perform as follows- - To take no person without permission and regular notice of departure; - to obtain a clearance; - not to navigate beyond the Limits; namely, 10° 37' and 43° 39' S. and 135° E. from Greenwich; - not to entice seamen or entertain deserters; - to provide sufficient provisions for the support of their men; - not to break bulk until entered and the fees paid; not to authorise strange vessels taking away British subjects from the gangs; - not to purchase or receive more than 26 gallons of spirits from any vessel they may meet without the Governor's permission. Sept. 29, 1805. |
Constables- forbid releasing persons taken in charge until discharged by a Magistrate. May 14, 1802. |
Convicts not to employ others to do their work; to which all overseers are strictly to attend- P. at discretion of Magistrates. Oct 3, 1800. |
--- - not to strike or be struck by free persons- P. 200 lashes the prisoner and gaol gang 12 months; a free-man to pay 40s. for first offence, and be bound over; & for 2d offence 5£, and security doubled. Feb. 19, 1802. |
--- - Those assigned to be of no expence whatever to the Crown. June 11, 1801. |
--- - Their persons not attachable for debt. Au. 8, 1801. |
--- - Those taken off the stores to be employed on their master's grounds only, and in no case be permitted on their own hands, or let to hire; P- to Orphans, the master to pay 10£, and 2s. 6. for each day the servant has been absent from public labour; B.M. Jan. 12, 1802. |
Convict servants- not to be beaten by their masters; who are to complain to a Magistrate when necessary, on pain of forfeiting such future accommodation. Mar. 5, 1803. |
--- - Those off the store not to charge exorbitant prices for their labour (for Regulations in which see Labour), or otherwise misbehave. P. recalled, & other punishment according to offence. Aug. 4, 1804. |
--- - Masters to clothe, and maintain them with a ration equal to that issued by Government; to provide for them a sheltered lodging; the servant to work in his own time for his maser in preference to any other person, and never absent himself without leave; in case of misbehaviour the master is to prefer his complaint to a magistrate, who will order punishment as the case shall require. Persons secreting or employing such servants during Government hours will be punished for a breach of Public Orders on that . Jan. 6, 1804. |
Convict Servants - Those indented for not to be suffered on their own hands; P. the master to pay 2s. 6d. per diem, and 1s. for each day the servant shall be discharged before the term indented for expires. Ibid. |
Copper Coin - Importation and exportation above 5£ prohibited; p. treble the value. Also; 5£ and not above a legal tender. Nov. 19, 1800. For local value see Specie. |
Creek Bridge - Tolls as follow: Each foot passenger 4d. or 10s. per ann.; each horse, single or in draught 2s. 6d. or 2l. 10s. per annum: - waggons or 4 wheel carriages with not more half a ton lading, 1s. 6d. or 1l. 10s. per annum; - a cart or carriage with 2 wheels, laden or not, 1s. 6d. or 1l. 10s. per an. - Sheep under a score 2d. each; and by the score 2s. 6d. or 2l. 10s. per ann. - Swine or Goats the same as sheep. - Passengers, horses, carts, and carriages to pass and repass the same day with one ticket. May 25, 1802, and March 7, 1806. |
Cur Dogs - such as are dangerous to stock or apt to fly at horses to be destroyed; and if damage be sustained the owner of the dog to forfeit a treble amount. Feb. 17, 1801. |
Debts - Wheat & live stock at Government prices a legal tender, Jan. 7, 1801. |
--- of deceased Persons - Priority of claims for: 1st, medical attendance; 2d, debts and duties to the King; 3rd, judgments; 4th, recognizances; 5th, rents; 6th obligations, bill final and protested; 7th, single bills; 8th, wages; 9th, book debts, &c. Dec 15, 1800. |
Deeds, Bonds, &c. - to be executed by the Judge Advocate as Notary Public; individuals prohibited the exercise of any part of such office; p. removal. June 2, 1805. |
Detainer - Applications respecting such to be made in writing at the Secretary's Office. April 7, 1805. |
Detainers - to be lodged within ten days after notice of departure ; otherwise not cognizable, unless the party about to depart remain 20 days after the notice has elapsed. Nov. 2, 1805. |
Extortion - to be punished as circumstances may require. May 26, 1802. |
Fees - High Court of Appeal before the Governor: To Provost : No Appeal is allowed from the Verdict of the Civil Court to the Governor, unless Appellant gives good Security to prosecute it, and answer Condemnation Money, with costs and damages, in case the Verdict of the Civil Court be affirmed, Nor, from the Governor's award to the King on Council, without giving good Security in twice the sum sued for, to prosecute the Appeal in one year, or as soon after as circumstances will admit; to answer Condemnation Money with such Costs and Damages as shall be awarded by His Majesty in Council, in case the Sentence or judgment of the Governor be affirmed. |