The Present Picture of New South Wales (1811) by David Dickinson Mann

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_Constables_--forbid releasing persons taken in charge,
until discharged by a magistrate.

_Convicts_--not to employ others to do their work: to
which all overseers are strictly to attend, under such punishment
as a bench of magistrates may adjudge. Convicts not to strike or
be struck by free persons: penalty, two hundred lashes the
prisoner, and jail-gang twelve months; a free man to pay two
pounds for the first offence, and be bound over; and, for the
second offence, five pounds, and security doubled. Those
prisoners assigned to individuals to be of no expence to the
crown, nor can any convict's person be attached for debt. Those
prisoners taken off the stores to be employed on their master's
ground only, and in no case be permitted on their own hands, or
let to hire: penalty to Orphans; the master to pay ten pounds,
and half-a-crown for each day the servant has been absent from
public labour. Servants, who are prisoners, are not to be beaten
by their masters; who are to complain to a magistrate when
necessary, on pain of forfeiting such future accommodation. Those
prisoners off the stores who charge exorbitant prices for their
labour, or misbehave in any other respect, will be recalled, and
such other punishment inflicted according to the nature of the
offence. Masters of convicts 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
master, 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 such
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 head. Those convict
servants indented for, not to be suffered on their own hands;
penalty, the master to pay half-a-crown per day, and one shilling
for each day the servant shall be discharged before the time
indented for expires.

_Copper Coin_.--Importation or exportation, above five
pounds, prohibited; penalty, treble the value. Also five pounds,
and not above, to be considered a legal tender.

_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 treble.

_Debts_.--Wheat and live stock, at government prices, to
be considered a legal tender.

_Debts of deceased Persons_.--Priority of claims for:
1st, medical attendance; 2d, debts and duties to the king; 3d,
judgments; 4th, recognizances; 5th, rents; 6th, obligations,
bills final and protested; 7th, single bills; 8th, wages; 9th,
book debts, etc.

_Deeds, Bonds, etc._--to be executed by the judge
advocate, as notary public: individuals prohibited the exercise
of any part of such office, under the penalty of removal.

_Detainers_.--All applications respecting detainers
against persons leaving the colony, to be made at the secretary's
office in writing, and to be lodged within ten days after notice
of departure; otherwise not cognizable, unless the party about to
depart remains twenty days after the notice has elapsed.

_Extortion_--to be punished as circumstances may
require.

_Fees_.--High court of appeal before the governor: to
provost marshal 1L. 1s. to secretary or clerk 1l. 1s.
door-keeper 5s. Note. No appeal is allowed from the verdict of
the civil court to the governor, unless the appellant gives good
security to prosecute it, and to 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 in 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, and such
costs and damages as shall be awarded by his majesty in council,
in case the sentence on judgment of the governor be
approved.--Fees to provost marshal, in civil actions, executions,
etc.: 5l. per cent. on proceeds of auctions in execution; 5l.
per cent. levy money from 100l. downwards, 4l. per cent. ditto
from 100l. to 500l., 3l. per cent. from 500l. to 1000l.,
2 1/2 per cent. from 1000l. upwards; and for a man to keep
possession, 2s. 6d. per day for five days.--Fees on civil
actions: a writ, or warrant of execution, above 10l. and not
exceeding 20l., 10s., to the judge advocate's clerk 1s.; ditto
above 20l. and not exceeding 50l., with 1s. to clerk, 16s.; ditto
above 50l. and with 2s. to clerk, 1l. 2s. Capias, for any sum not
exceeding 30l., 13s.; ditto, above 30l. and not exceeding 50l.,
17s.; and all above 50l., 1l. 2s. Summonses, under 40s., 4d.;
above that sum, 6d. Witnesses, travelling from Hawkesbury to
Sydney, 10s.; ditto, from Sydney to Hawkesbury, 10s.; to Sydney
from Parramatta 5s., and back again the same sum; attending the
court each day 2s. 6d.--Fees to secretary's clerks, receiving no
salary: free pardons 5s. conditional ditto 2s. 6d.; and, on each
person leaving the colony by certificate, 2s. 6d.

_Female Stock_--prohibited to be sent from the territory,
or its dependencies, under the same penalty as for breach of
orders.--Female stock prohibited to be killed, under the penalty
of 20L. to informer, and two months hard labour for the
crown.

_Fires_--No person to fire stubble, until his neighbours
are warned and prepared; penalty, by action, remuneration of all
damages: also, no person to smoke pipes, or make fires, near a
stack, under the penalty of exemplary punishment.

_Fire-arms_--forbid to be discharged between sun-set and
sun-rise, under the penalty of a breach of general orders.

_Fines_.--Persons removed to different settlements for
misdemeanour, not to return until the expiration of sentence,
under penalty of corporal punishment.

_Foreigners_--not permitted to settle or reside in the
colony, without permission.

_Forgery_--subject to prosecution on a written, as well
as on a printed form of note of hand; and persons concealing such
offence, will be subject to the same penalty as persons
compounding felony.

_Fort Philip_.--Every person cautioned from purchasing,
repairing, or building huts, near the Esplanade, the limits of
which are to be explained by the assistant engineer.

_Fustic_--growing at Newcastle, and its vicinity, forbid
to be cut without permission from the governor.

_Goats_--not to be suffered to range without a herd,
under penalty of being forfeited to Orphans.

_Grants of Land_--forbidden to be transferred within the
term of five years, under the penalty of their being
cancelled.

_Grants and Leases_--of buildings erected at the public
expence, and grounds allotted for public purposes, to revert to
the crown, at the governor's discretion.

_Guard_ sent on board merchant vessels--instructions to:
to suffer no one to board but the pilot, naval officer, or
officer authorized by the governor; and no article to be sent on
shore, nor any person to go on board except the above, until the
flag of admission is hoisted: not to suffer spirits, wines, or
other strong drinks, to be sent from the ship, but by permit; to
admit no unauthorized person on board, without a pass, at any
time; and to suffer no shore-boats to board after sunset. If
insulted or interrupted in their duty, to report the same to
head-quarters.

_Hospital Servants_--forbid vending or prescribing
medicines; and all applications to be made to the medical
gentlemen for relief.

_Hogs_--forbid to be sent on board any vessel without
permit.

_Idlers_--loitering about the wharfs, to be sent to hard
labour; and if after sunset, to be imprisoned.

_Initials_--of the governor, commissary, and deputies, if
forged, to be considered as full signatures.

_Interest_--not more than eight per cent. to be exacted;
and any persons demanding more, are subject to the laws against
usury.

_King's Stores_--articles granted for the use of
families, comprising annual and extra supplies sent for barter,
not to be retailed, under the penalty of forfeiting all further
indulgences.

_Licenced Persons_--bound by recognizance to the due
assize of weight and measure; to permit no gaming, drunkenness,
indecency, or disorder; to pay due respect to existing
regulations; not to entertain persons from tap-too beating until
the following noon, or during divine service, under the penalty
of forfeiting licence and recognizances; the latter to informer,
and five pounds to Orphans. Nor is any licenced person to credit
more than twenty shillings, under forfeiture of debt; nor to sue
soldiers, seamen, servants, or prisoners, under the penalty of
nonsuit and treble charges. And any licenced person vending or
receiving liquors distilled in the colony (that practice being
strictly prohibited), they will forfeit their licence and
recognizances; and all such persons receiving permits for spirits
are to receive it themselves, and not to dispose of spirits on
any other person's account, under the before-mentioned penalty,
and all such spirits to become the property of the informer.

_Merchandize_.--Not more than twenty per cent. on the
importer's prices admitted on the retail; in doubtful cases, to
be estimated by courts, if sued for, by allowing from 80 to 100
per cent. on the prime cost of English or India goods, and 20 per
cent. on the retail. Notes of hand for debts so contracted not
cognizable as evidence, unless the account of articles be
produced with prices annexed. All merchandize to be landed at the
Hospital wharf, and no where else, under penalty of confiscation;
and those articles which are brought from the eastward of the
Cape of Good Hope, are to pay five per cent. _ad valorem_ on
the prices laid in at, exclusive of wharfage and wine and spirit
duties. All British manufactures exempt.

_Musters_.--Persons neglecting to attend musters, if
free, to be treated as vagrants; and, if prisoners, jail-gang
twelve months. Persons returning false accounts, to be dealt with
according to the decision of a bench of magistrates.

_Natives_--not to be treated with inhumanity or
injustice, under the penalty of prosecution and indictment; and
the natives of Otaheite, New Zealand, etc. are all to be
considered as under the protection of the crown; to be properly
treated and maintained by their employers, and not to be sent on
any voyage without the governor's permission.

_Parramatta._--Persons passing the barracks to give a
satisfactory account of themselves to the commanding officer at
that place, when required; and no person to carry a musket
without permission from the magistrate.

_Passage-boats._--Not to convey any person, unless a
settler, without a pass; penalty, confiscation. The boats to be
kept tight; carry four oars, one mast and sail; boatmen to treat
passengers civilly; to give notice half an hour before they
depart, by bell ringing; not to stop more than ten minutes by the
way, nor to go alongside a vessel, without acquainting the
wharfinger; and the proprietors to keep entry-books, under the
penalty of forfeiting the bond and recognizances entered into at
the time their license was granted. The following charges to be
made: Each passenger to pay 1s.; children 6d.; luggage 1s. per
cwt.; wheat or shelled maize 6d. per bushel; maize in cob 4d. per
bushel; each chair 6d.; sheep and goats 6d. each; pigs and
packages, according to their size; liquids 1d. per gallon; porter
3s. per hhd.; planks 2s. 6d. per 100 feet; fowls and ducks 1s.
per dozen; geese and turkies 1s. 2d. per dozen; parcels weighing
2lbs. 3d.; and private letters 2d. each. The hire of the whole
boat 1l. 1s.

_Passes_.--No person, unless a settler, to leave his
place of abode without a pass, which he is to produce to the
chief constable at the settlement expressed in it, and return it
to the officer who granted it, under the penalty of three months
hard labour, if free; and, if a prisoner, corporal punishment, at
discretion of one magistrate, not exceeding one hundred
lashes.

_Permits_--for removing half a gallon of spirits, etc.
to be granted by commissioned officers, superintendants, and
licensed retailers; and if any spirits be obtained by fraud and
collusion, by any licensed person, if free, he will suffer the
penalty of one year's hard labour for the crown, and forfeit his
license; and, if a prisoner, he will undergo such punishment as a
bench of magistrates may direct.

_Petitions_--signed by more than one person, to be
sanctioned by three magistrates, under the penalty of
prosecution.

_Prisoners_--not to be conveyed on board any vessel about
to depart: penalty for breach of this order, forfeiture of the
boat, and the person rowing it to be subject to two months
imprisonment. Nor is any prisoner to be seduced or diverted from
the public harvest, under the penalty of ten pounds, half of
which to be paid to the informer.

_Provisions_--including flour, bread, meat, wheat,
etc. not to be sent on board vessels, but by permit for that
purpose.

_Public Registers_--applications respecting them to be
made to the secretary only.

_Public Roads_--not to be encroached upon: persons
aggrieved thereby, to obtain redress by complaint to the nearest
magistrate.

_Rations_--allowed to prisoners, prohibited to be
purchased or exchanged, under the penalty of being indicted; and,
if bartered for spirits, all such found in the house will be
staved; if a licensed person, forfeiture of license also: And if
the ration is not applied for at the time of issue, it will not
afterwards be given.

_Sabbath_.--A strict observance of the sabbath, and
general attendance at divine service required; during the
performance of which all strollers are to be apprehended and
confined.

_School-house and Chapel at Hawkesbury, erected by
Gorvernment for the Benefit of Settlers in that
District_.--Those for whom the benefit is designed, invited to
become subscribers, for supporting the institution, and
maintaining the chaplain and preceptor, by the payment of
two-pence for each acre of land they possess. All regulations to
be determined by six subscribers, and two magistrates, one of
whom to be the principal chaplain.

_Seamen_.--Any person trusting or retaining any seaman,
shall lose his or her money, and be proceeded against; and
forfeit five pounds for each day and night (after the first
offence), should he be a deserter; but if ignorant of his being
such, penalty ten shillings a day, only. And any seaman deserting
a ship, and discovered after her departure, shall be subject to
thirty-one lashes, and hard labour for the crown.

_Sedition_.--Transgressors amenable to existing laws; in
addition to which the following regulations, for the effectual
suppression of such crime against his majesty's government, and
the public tranquillity, are strictly to be enforced; _viz_.
Persons using seditious words or actions to receive exemplary
punishment; and all persons knowing but concealing such offence,
to be treated as accomplices. Any house in which seditious
meetings are held, to be demolished.

_Slop Clothing_--the sale and purchase thereof
prohibited, under penalty of indictment for receiving stolen
goods.

_Spirits, and other strong Drinks_.--If landed without
permit, penalty, forfeiture to informer wherever found, and all
such discovered in the house; nor is any to be removed but by
permit, penalty from the original vender 5L. to Orphans.
Nor is any greater quantity of spirits to be removed than half a
gallon, but by a permit, signed by a magistrate; penalty,
forfeiture. And if spirits be landed by a master of a vessel
without license, he will forfeit his bond, and be ordered
immediately to depart the port. Persons licensed to retail
spirits and other strong drinks, to pay 3L. for each
license to the Orphans' fund, and 2s. to the clerk.
Spirits drawn for domestic purposes, forbid to be transferred;
penalty, forfeiture; and, if bartered for wheat, the wheat to be
forfeited to the crown, with the spirits and premises. Spirits
prohibited to be smuggled, landed without permit, or sold without
a license, under the penalty of confiscation. And should any
spirits be brought, without the governor's permission, from the
eastward of the Cape of Good Hope, the following additional
duties are to be paid; _viz_. If permitted to be landed, for
every 100 gallons, 5L.; not to be charged more than
6s. per gallon, including duty of 2s. per gallon;
5L. per cent. _ad valorem_, and 5s. wharfage
for each cask or case of 100 gallons. If not permitted to be
landed, no colonial vessel within the limits to receive such
spirits, under the penalty of confiscation, together with the
vessel; half to the informer. Nor are any spirits to be sold or
bartered for more than 20s. per gallon; penalty, the
excess of 20s. to be returned, and future indulgence
forfeited; and, if licensed, the license to be taken away.

_Stallions_--not to be suffered to run loose; penalty,
5L. to informer, and 10s. for each night they are
held in charge: If not claimed within a week, forfeited to
Orphans.

_Stock furnished by Government to Individuals_.--Oxen
hired to such approved settlers as procure ploughs or carts, to
be paid for in wheat each March quarter, in the proportion of ten
bushels a year for two years, when each head is to be purchased
for 70 bushels of wheat, or be returned to government; such
cattle not to be ill-treated, or applied to any other than
agricultural purposes, on pain of being reclaimed. In case of
disease or accidental death, the superintendant of stock to be
immediately informed thereof, or the settler responsible for the
loss. Cows one remove from the Bengal breed valued at 28L.
per head, occasionally to be bartered for as follows: To be paid
for in wheat into the store, on delivery of each cow, or, if
accepted, in two half-yearly payments; in failure of payment when
due, the stock to be reclaimed, and the payment already made
forfeited. The stock and produce to the third generation
unalienable, unless by the governor's permission; and no person
to purchase any such stock without the governor's sanction.
Stock, if impounded, a description to be sent to the nearest
magistrate, or constable of the district, immediately; to be
properly fed, and, if near a town, made public thrice a week for
one month by the common crier, under the penalty of 2L.
for each head, and all other costs; but owners of stock running
at large to pay all damage sustained. Any person who has received
stock from government, and obtained permission for the sale
thereof, must first tender the same to government at market
prices, under the penalty of forfeiture, with twice the value
from seller and buyer; the original stock to the crown, the other
penalties to informer.

_Stills_--prohibited to be used; penalty, if free,
privation of indulgence and removal; if prisoners, at discretion
of a bench of magistrates: Also all liquors and utensils found,
to be seized and destroyed.

_Stream running through the Tanks at Sydney_--no person
to throw filth into, nor to wash, clean fish, or erect pigsties
near; nor to take water up but at the tanks; under the penalty of
5L. to Orphans, if free, and the house razed; if a
prisoner, imprisonment, and hard labour for the crown for twelve
months.

_Strikes_.--No strikes are to be used for measuring
grain, but such as are stamped by superintending carpenters, who
are to charge one shilling each; and in case of any other strike
being used, the person offending to forfeit five pounds, and one
shilling for every bushel which has been measured.

_Sureties_.--Persons becoming sureties for individuals of
indifferent character, to forfeit the full amount of their
recognizance, if such decision is given before a bench of
magistrates.

_Swine_--found at large without ring and yoke, will be
forfeited to the Orphans.

_Taptoo-beating_.--Persons passing after, to answer
centinels when challenged, and to carry a lantern. None but known
householders to pass, except officers of vessels, who are to make
themselves known, under penalty of confinement.

_Timber_--to be taken, if wanted for government purposes,
wherever found growing on grounds located by the crown to
individuals. No private individual to damage or remove any
timber, but by permission from the owner of the land, or from the
governor, upon crown lands; penalty, prosecution. And all timber
exported, to be paid for to Orphans 3L. per 1000 feet
solid; returns of all embarked to be made to the wharfinger,
under the penalty of 5L. for each neglect. Exotic timbers
exempted from the general claim of government, and to be the
exclusive property of the owner; but, if disposed of, the crown
to have the preference.

_Vagrants, and idle and disorderly Persons_--to be sent
to public labour, for a time to be limited by the
magistrates.

_Vendue_--no person to sell goods by, unless licensed,
those exempt by act of parliament excepted, under the penalty of
50L. to the Orphans.

_Vendue Master_--to give a daily account of sales to the
treasurer of the Orphan fund, to which institution 1 1/2 per
cent. is to be paid from the proceeds of sales. He is also to
furnish a list of articles to the treasurer, previous to the
auction, under the penalty of forfeiture of recognizances he
enters into at the time he is appointed to that situation.

_Vessels_--to pay the following dues and fees on entry:
To Orphans, an English merchant ship with merchandize, in
government service, 15s.; ditto, not in government
service, 1L. 10s.; a whaler, with merchandize,
15s.; ditto, with no articles for sale, 10s.; a
foreign ship 2L. 10s. General permission to trade
10s.; each bond 3s. 6d.; to water on Orphan
lands 10s.; to wood on ditto, or on government grounds,
10s.; on clearance and bonds being returned 5s.;
for every permit to land or remove spirits 6d. To the Gaol
fund: For every gallon of spirits landed, or removed from the
vessel, 1s.; ditto for wine 6d. and beer 3d.
Wharfage for every cask or package 6d. No vessel to break
bulk until reported and entered at the naval officer's office;
and every ship to hoist her colours on public days; in case of
refusal, all intercourse to cease. Vessels taking spirits from
hence, not to be allowed communication with any dependent
settlement, unless the master produces a letter from the
governor, or officer in command (to relieve distress excepted);
and no spirits to be landed at the settlement he may touch at,
unless the governor's certificate of price, etc. be produced.
All commanders are also strictly forbid entering seamen from
other ships, under the penalty of 15L. for each man; half
to the king, and half to the informer. Masters of vessels, not
colonial, to give security previous to any communication,
themselves in 500L. and two sureties in 50L. each,
to take no person away without regular authority, nor to depart
without leave, under an additional penalty of 50L. The
usual bond, not to lade from hence to India, China, etc.
without certificate, to be also exacted. Masters shipping seamen,
to make application to the secretary in writing, stating whether
such men have been prisoners, and if so, the ship they came in,
and where tried; nor is any communication to be held with any
vessel after the clearance has been obtained, under the penalty
of forfeiture of boat so trespassing, and two months
imprisonment. The crews of all vessels to be put on ration,
agreeable to existing circumstances.--Vessels not to be built
within the limits of the territory, exceeding 14 feet keel,
without permission from the governor (unless in case of
shipwreck), under the penalty of confiscation.--Vessels under
foreign colours not to be cleared for any sealing voyage, or to
return hither, but to clear out for a port of discharge. And if
any master disregard the colonial regulations, all intercourse to
cease; to depart the port immediately, and not permitted to
return.

_Vouchers for Grain, etc. furnished the King's
Stores_--to be finally settled quarterly, otherwise not
cognizable; _viz_. 31st of March, 30th of June, 30th of
September, and 31st of December.

_Weights and Measures_--to be true, and stamped as such,
under the penalty of ten pounds to Orphans, for every weight or
measure which is defective.

The internal regulations, from which the preceding abridgment
was taken, are the leading features of the General Orders issued
by all those who have administered the government of the colony
up to the secession of Governor King, and are frequently altered,
or annulled, according to the variations in the local
circumstances of the country: since which period, however, a
number of other orders and proclamations have been issued, by
those who have subsequently held the command in the settlement;
but the notice of which, as well as of all political matters,
must unavoidably be deferred until some future period, from the
peculiar circumstances under which I am at present placed.

* * * * *
On the 12th of August, 1806, Governor King was succeeded in
his command at the settlement by Governor Bligh, who arrived from
England for that purpose; at which period the colony was in a
state of growing prosperity, notwithstanding the progress of
cultivation was considerably retarded by the frequent
overflowings of the Hawkesbury, which never failed to produce
such extensive injury to the settlers on its banks, as would have
been sufficient to discourage men of much more industry and
perseverance than many amongst them.

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