New South Wales. Police Dept. - Records, 1820-1894

MLMSS 224

Mitchell Library, State Library of New South Wales

[Transcriber's note:
List of contents with images and pages]

1. Small book – Court sittings – Item No. 1 – Screen page 1

2. Sketch of the Colony of Qld. Item No. 77 – Screen page 44

3. Court of Requests – Item 95 – Screen page 55

4. New South Wales Police Dept – Item 97 – Screen Page 57

5. Sheriffs Office Sydney – Item 98 – Screen page 57

6. Chief Justice to Colonial Secretary – Item 99 – Screen Page 58

7. ‘1877’ – Item 105 – Screen Page 65

8. Detective Office Sydney – Item 127 – Screen page 76

9. Enclosure to the foregoing – Item 128 – Screen page 76

10. Department of Prisons – Item 144 – Screen page 87

11 Charge Sheets with Photos – starts Item 149 – screen page 91

12 Return to – Address of the Leg – Item 163 – Screen page 97

13. Statement of Receipts & Expenditure – Border Police – Item 165 – Screen page 98

14. Colonial Engineers Office – Item 169 – Screen page 102

15. Letter from Police Office – Item 171 – Screen page 104

16. Letter Sydney 1837 – Item 172 – Screen page 104

17 – Letter ‘My dear Sir’ – Item 180 – Screen page 106

18. No 1 Return of Extra Constables – Item 187 – Screen page 107

19. Divisional Return of Mechanics – Item 191 – Screen page 110

10 Directions , John Smith – Item 229 – Screen Page 123

[Pages 1-4 not transcribed]

[Page 5]

[Each matter crossed off by author as completed, on all pages]

Tuesday 5th Septr 1820

Jones & ors v Raphael } Rules to plead
Lord ---------------- v Sarne -- }

Eagar v Demester

To move for leave to plead two pleas - Nil Debit and the attainter of the [indecipherable] and for time to plead until an office copy of the Word of such Attainter can be procured

Campbell v McArthur & anr rule enlarged

Cooper v Underwood
Wylde

1 Ex (Agreemt
1 Wit (Jenkins)
1 Ex ( Bills)
1 Mt ( D Cooper)
1 do ( Riley)
1 Ex ( [indecipherable])
1 WA (Campbell)

Entd

Norton

1 Wit Atkinson
1 Ex ( Letter)
1 Do (paper)
1 Wit ( Woolstoncraft)

Case adjourned till Friday next [indecipherable]

[Page 6]

Friday 8th Septr 1820

Doe & Lord } for time to plead till next Term
v
Campbell }

Campbell } Referred to the Master
v
Mc Arthur & anr }

Cooper } Verdict for [indecipherable] Damage, £ 40.0.0
Rule for Judgmt –

[Page 7]

Tuesday 12th Septr 1820

Loan v Middleton
Affid –

Eagar v Demester
Stand over till Friday

Foster v Campbell & anr

1 Wit ( Eagar)
4 Ex ( )
1 Do (Book
1 Do ( [indecipherable]
1 Wit (Evans)
1 Ex ([indecipherable]
1 Wit (Watson)
1 Do ( Lenard
2 Ex ( [indecipherable]
1 Wit (Morris)
1 Ex (Bill)
1 Ex (Paper

Entd

[Page 8]

Friday, 15th Septr - 1820

Eagar [indecipherable] v Demester
Mr. Moore moved to make the rule absolute –
[indecipherable]

Foster v Campbell & anr –
1 Wit ( Foster) before arbitration

The Governor v Riggs

Wylde
1 Wit (Gray)
1 Ex (Bond)
1 Wit ( Shepperds
1 Do (Field)
1 Do (Gordon)
1 Do (Ewer)
1 Ex (Articles)
1 Wit (Campbell)
1 Do (Hutcherson)
1 Ex (Clearance)
Garling

Entd
[indecipherable]

[Page 9]

4 Term 1820
Wednesday
1 Nov – 1820

Loane v Heaney
Rule to plead – Entd –

Blaxland v Sarne
for time to enlarge award

Hunt v Loane Entd -
Hearney v Sarne Entd -
Rose v Smith Entd –

Rules to plead -

Loane v Middleton

Moore
1 Wit ( Richards
1 Do (Barker
1 Ex ( )
1 Wit Dickson
Entd -

[Page 10]

Friday, 3rd Novr 1820

Campbell v McArthur & & an
To prove Exhibits viva voce

Foster v Campbell & & anr
To set aside award - - -
Rule Absolute –

Tuesday 7th Nov – 1820

Heany v Loane [indecipherable] – for part [indecipherable]

Loan v sumd to
Examine on Interrogatories

Hunt v Loane
sumd for 3 days time to plead & order –

[Page 11]

Berry v Marsden & Hall

Friday 10th Nov - 1820

Foster v Campbell

1 Wit (Evans) 2 – 0
1 Do (Garling) 2 – 0
1 Ex ( Supt) 2 – 6
1 Wit (Murray) 2 – 0
1 Ex (Letter) - 2 – 6
1 Wit ( Crossley - 2 – 0
1 Do ( Robinson) 2 – 0

1 Wit ( Hogsflesh) 2 – 0
1 Do (Truman) 2 – 0
1 Do ( Wood) 2 – 0
1 Do (Rowley) 2 – 0
1 Ex (Deed ) – 2 – 0

Antill v Kable & an
for time to make award –
Sarne v [indecipherable]
Sarne v

[Page 12]

West v Jenkins & ors to dismiss Bill

Campbell v McArthur
Subpona to hear Judgmt granted
10th Nov – 1820

Berry v Hall & anr – to put of Trial –

Tuesday 14th Novr - 1820

Antill v Macy
Rule nisi enlarged till Tuesday next -

West v Jenkins & ors
Nothing taken by [indecipherable]

Heany v Loane for Friday the 24th Novr – 1820

[Page 13]

Antill v Painter

Rule Absolute

Campbell v McArthur
To confirm reports –
Granted –

Terry v Robinson
Rule to plead –

Mackey v Loane

1 Wit (Lord – 2 – 0
1 Ex (Bill) – 2 -
1 Wit (Hunt) 2 – 0
1 Do (Cooper) 2 – 0
1 Do (Savage) 2 – 0

Berry v Hall & anr
Plea over ruled – Time to answer till Saturday

[Page 14]

Tuesday

Friday 17th Nov - 1820

Jones & or – v Cooper
Rule to plead –

Mackey v Loane
To set aside verdict & enter non suit –
Verdicts confirmed

West v Jenkins & anr
To take answer of Wentworth without oath – Granted same day –
[indecipherable]

Papers delivered to Mr Garling – Mr Moores
Affid – Letter from Bath –

Gave to Court by Mr [indecipherable]
Instruction to Mr. Shelly Davidson

[Page 15]

Tuesday 21st Nov - 1820

Campbell v McArthur & anr
To move for Papers marked £

Antill v May
Rule enlarged

In the Matter of Stephen Goff --- [indecipherable] to collect

Hunt v Loane

1 Wit (Lord) – 2 – 0
3 Ex ( ) –

[Page 16]

Campbell v McArthur

1 Wit (Lord

Friday 24th Novr 1820

Heany v Loane to move that this cause may be tried at Van Diemens Land dismissed

Antill v May.

To move to take affidt – before
Before Justice of Peace granted
order on do

Berry v Loane

3 Warrants for Bill Costs

[Page 17]

Hunt v Loane

1 Wit ( Dixon)
1 Do (Hall)
1 Do ( Foster)
2 Ex ( Letters)

Grntd

Garlings

1 Wit Dickson)
1 Do (Campbell)
1 Do ([indecipherable])
1 Do (Kille[indecipherable])
1 Do (Heaney)
1 Do ( )
1 Do ([indecipherable])
3 Ex ( )

Tuesday Nov – 28th 1820

Berry v ca Hall & anr
Rule to pass publication

Campbell v McArthur & anr
The Court gave Judgm t
Bill dismissed with Costs

[Page 18]

Friday 28th Nov – 1820

Garling & anr v Lord
To move for rule to shew cause why the Execution shd not be set aside & why all further proceedings shd not be stayed - - -
In Equity
Rule Nisi Granted

Berry v Hall & anr to move to prove viva voce
Granted

Doe &c Lord v Campbell
To move to put off Trial
Granted
Rule nisi granted -

Lord v Mileham
To move for attachment agt
The Deft
Affidt of James Foster
Refused –

[Page 19]

Antill v May
To make rule absolute

Rule absolute

Antill v Kable the Elder
Rule Nisi granted

Lord v Thompson
Norton
1 Wit (Black)
1 Do(Blaxland)
4 Ex (Letters)
1 Do ( Rushton)
1 Do (Thompson)

Moore

1 Wit ( Leverton)
1 Do (Underwood)
2 Ex (Letters)
1 Witness (Byrne

Verdict for Deft

[Page 20]

Thursday 30th Novr 1820

Garling & anr – v Lord
Mr Norton shewed cause
rule discharged

Lord v [indecipherable] & ors
rule discharged

Berry v Loane & anr 7 Ex

Berry v Hall & Marsden

1 Wit (Eagar
5 Ex ( )

[Page 21]

Friday Dec r – 15th 1820

9 Subpoenas v Garling
2 Mr Wylde
1 Fi Fa Campbell v Croaker

Berry v Loane & Hall
The court gave judgmt –

Berry v Hall & Marsden
Judgmnt for debt
Marsden –

Antill v Kable
rule absolute

Hunt v Loane –

Jumt to reduce damages

1 Wit (Dickson)
[indecipherable]
1 Do (Wolstoncraft)
1 Do (Hall)
1 Do (Savage)
1 Do (Lord)
1 Do ([indecipherable])

1 Wit Walker)
1 Do ([indecipherable])
£-s-d
Damages 250-11-8

[Page 22]

Campbell v Middleton
1 Wit (Murphy)
1 Ex ( )

Ferry v Robinson
1 Wit (Wylde)

Wylde v Moore
1 Wit (Freeman)
1 Ex ( )
1 Do ( )

[Page 23]

Saturday 16th Decr – 1820

Campbell v Middleton
Berry v Hall & anr
Rules for Judgmt –

Terry v Robinson
1 Wit ( Chisholm)
1 Do (Win[indecipherable])

Exparte Tery Rule Nisi to set aside Caveat

Staples v Murray

1 Wit (Packer)
1 Ex (Note)
1 Wit (Weston)
1 Wit ([indecipherable]
1 Do ([indecipherable])

[Page 24]

Loane v Hunt

Tuesday Decr – 19th 1820

Staples v Murray
1 Wit ( Beddow)
1 Wit ( Eagar)
Verdict for Deft

Loane v Hunt

Thursday Decr 21st 1820

Loane v Hunt.

1 Ex Manifest)
1 Wit (Campbell) –
1 Do (Dickson)
1 Ex (Letter from Hunt by Blk [indecipherable])
1 Do (fm Endeavour)
1 Wit (Lord) –
1 Ex (manifest) –
1 Wit (Birnie) –

1 Wit (Walker)
1 Do ( Bethuen)
1 Do (Atkinson)
1 Do (Woolstoncraft)
1 Do (Hall)
1 Do ( Walling)
1 Do (Grant)
1 Ex ([indecipherable])

[Page 25]

1 Wit (Scotts) -
1 Do (Campbell) –
1 Do (Heany)
1 Do ([indecipherable])
1 Do (Gray -
2 Ex (Letters)
1 Wit (Cowen) –
1 Do (Spears) –
1 Do (Yellop) –
1 Do ( Nelson) –
1 Do (Morgan) –
1 Do (Hypollitus –
1 Ex ( Acc £ - current)
5 Ex ( )

Friday 29 Dec r – 1820

Loane v Hunt
19 Days 1 Breach
2 Days on 2 do.
damages £ 375-11-0

Hunt v Loane

Rule nisi Granted for morrow

[Page 26]

Saturday Dec r 30th 1820

Lord – v Plummer & ors
Rule nisi granted –

Randall v Loane

1 Wit ([indecipherable])
1 Do (Campbell)
1 Do ( Curen
1 Do (Bland)
1 Do (Moore)
1 Do (Hall)

rule for Judgmt

Monihin v Dennan
1 Wit (Fruman)
1 Do (Moore
1 Ex (Notices)
1 Do (Commission)
1 Wit ( Brot[indecipherable])
1 Do Watson)
1 Do Cordeax)
1 Do (Richards)

[Page 27]

1 Wit (Lees)
1 Do (Loane)
1 Do (Davis)
1 Do (Bellington)
1 Do (Tristan)
1 Do ( Butcher)
1 Do (Shaw)
rule for judgm

Wylde v Jordain

1 Wit (Moore)
2 Ex ( Bills Lading
1 Do (acct - )
1 Do Lord)

Norton
1 Wit (Bro[indecipherable]
1 Do (Reid)
1 Do (Pain)

Trial posp d

The Court adjourned to the 14th Feby 1820

Loane v Hunt
Sent for judgmt –

[Page 28]

May 1st 1821

Tuesday 8th May 1821

Gavin v Loane to move that the P[indecipherable] in this cause may be amended and made unformable to the [indecipherable] intended and really tried between the parties and the finding of the court thereon that the writ of Fi Fa tried in this Court may be quashed and the sum of £ 78-1-3 paid thereon may be restored to the Dept with costs and that the PM may pay the costs of this application

Rule nisi granted

Tuesday 15th May 1821

Cooper v Solomon
Rule to plead

Tuesday 22nd May 1821

Eagar v [indecipherable]

for Rule Nisi why Judgmt of non profs should not be signed

Divine v Gunning
Rule to shew cause why the money shd – not be taken out of court

[Page 29]

Friday 25th May 1821

Blaxland v same
For time for Arbitrators to make award untill the 15th May next
Granted

Exparte [indecipherable]
For [indecipherable] for to deliver up to Exors certain effects &
Refused

Eagar qui & anr v Manigault
The Court refused to maintain the action it not being an action between party & party –

Thursday 31st May 1821

Loane v Carr – Bell

To move that on writ of Fi Fa [indecipherable] Garnisher agt the goods [indecipherable] of the Defendant in the hands of the Garnishee on the Plaintiff giving security to refund the amount he may levy within a year and day provided the Deft – sh within that time appear in this court & reverse the Judgmt – already obtained agt the Garnishee

[Page 30]

Apsey v OBrien
For move for a [indecipherable]
Refused

Devine v Solomon Gunning
Rule enlarged till next term

Cooper v Solomon
1 Witness Foster

Apsey v OBrien

1 Wit ( Hilton)
1 Do (Wright)
1 Do (Barlow)
1 Do (Fitzgerald)
1 Do (Franks)

1 Wit (Figgit)
1 Do (Middleton)
1 Do [indecipherable]
1 Do (OBrien)
1 Do (Hume)
1 Do (Johnson)
1 Do (Wilson)

[Page 31]

Wednesday 15th Augt 1821
3rd Term -------

Henry v Eagar

Rule to plead – court adjournd till Tuesday –

Tuesday the 21st Augt – 1821

Bank v Frazer
same v Terry & or
rules to plead

Blaxland v Blaxland for rule to enlarge time – granted [indecipherable] Witness

Devine v Gun
Gunning v Williams & or
For leave to fill Exceptions
[indecipherable] ordered to fill Exception instanter & get his report in four days - & set his Exceptions down for argument on Friday next

[Page 32]

Henry v Eagar

1 Wit (Foster)
9 Ex ( Lettrs
1 Wit (Marsden
1 Do (Campbell)
1 Do Allen)
1 Ex (Notice)
1 Wit (Wolstoncraft
1 Do (Murphy)
1 Ex (Notice to produce –
Garling –
Jenkins
Byers

Eagar

1 Ex ( 2-6
Affid t 2-6

Filings (

Friday 24th Augt 1821

Gunning v Crossley & ors –
Ordered to stand over

Henry v Eagar

The Court gave Judgmt –
Vertict for [indecipherable] Damages £ 1208-6-6

[Page 33]

Tuesday 26th Augt 1821

Robinson & ors - v Shaw
Rule to plead –

Loane v Gavin

Gavin v Loane
Rule discharged and Mr Moore to [indecipherable]

Henry v Eagar
Motion for new Trial refused –

Friday 31st Augt 1821

Gunning v Devine
Exceptions for Argument allowed – with costs

Robbins v [indecipherable]
Rule to plead

[Page 34]

Tuesday 4th Septr – 1821

Gavin v Loane
The Court gave Judgmt on the rule – Mr. Wylde is to have 1st cost, of Demurrer
2nd Costs of amendment – 3ly costs of this application and upon those terms the rule to be discharged

Loane v Lord for security of costs Rule Nisi granted –

[indecipherable] Hunt v Loane

Norton v Garling

Bank v Williams
Sent for Par[indecipherable]

[Page 35]

Tuesday 11th Septr – 1821

The Court gave Judgmt in the cause of Hunt v Loane & Loane v Hunt

Verdict £ 285 -0-0
1 Wit Lord to consider till Friday next

Loane v Lord
Mr Wylde showed cause against rule nisi –

Jones v Knopwood
For Security of Costs refused the deft to retain in his hands for security of costs

Berry & ors – v Hall & anr
For Books Papers &c

Eagar v De Mestre
For further time to plead affids –

[Page 36]

Robins v Drennan
Norton Moore

1 Ex - -
Plaintiffs non suited

Hankison v Palmer

1 Wit (Truman)
1 Ex ([indecipherable])

Saturday Sept 15th 1821

Gunning v Williams & ors –
To move to devolve injunction
Injunction ordered to be continued

Bank v Williams & ors –
Record the Default of Plea of Williams

Hunt v Loane
Verdict £ 331-15-0 Pltfs

[Page 37]

Wylde v Jordain

Wylde = Norton
£ 343 original cost of all the goods

£ 343-0-4
171-10-0
342 ‘ 17. 7
85 – 16- 4 1/2

429 . 11 . 11 ½

Loane v Lord

Wylde
1 Wit (Wood)
1 Ex (Bill)
1 Wit (Jenkins)
1 Do (Eagar)

[indecipherable] non suited

How v Underwood & ors –

Underwood & ors – v How

1Ex (Probate)
1 Wit (Murphy
1 Do (Foster)
1 Do (Garling)

Garling
2 Ex (Orders)

[Page 38]

1 Wit (Allen)

Friday 21st Septr – 1821

Bank v Terry & ors –

Wylde

1 Wit (Freeman
1 Ex ([indecipherable])
1 Do (questions)
1 Do (answers)
1 Do (Paper marked A)
1 Do (notes [indecipherable])

1 Do (Lable & Paper
signed J.T. Campbell,
3 (Do) note marked C.D.B

[The above list all crossed through]

1 Wit (Wills)
1 Do (Potts)
1 Do (Allen)
1 Do (Baylie

Terry & Williams £ 2000
Underwood & Robinson assets in futuro

[Page 39]

Bank v Frazier
[indecipherable] the default of Plea

21st Sept – 1821

Wylde
1 Wit (Williams)
1 Ex (Bill)
1 Do (Potts)

Moore
1 Wit (Hankinson)
1 Do (Wills –
1 Ex (Charter)

4 Term 1821

Thursday 1st – Nov 1821

Watson v Underwood
Bail – rule to allow Bail

West – v Jenkins & ors
To dismiss Bill as agt Wentworth

Jones v Knopwood
To confirm report – Granted

[Page 40]

Loane v [indecipherable] Gavin & Rice
for judgmt as in case of Non suit – Rule Nisi

Miller v Crossley
Rule to plead –

Tuesday 6th Novr 1821

Loane v Gunning & ors –

Wylde v Gibbons
Rule to Plead

Reiby – v Birnie
[indecipherable] for Par[indecipherable] & order

Berry v Loane & anr –
Order to confirm Report

Loane v Stocker & anr
Same v Stocker & anr

[Page 41]

Jones v Knopwood
For further Directions each party to pay their own costs – and the remainder of the £ 1000 – to be paid over immediately - by the 15th Feby 1822

Thursday 8 Nov 1821

Berry v Loan & anr –
For a Writ of the Exeat Rule Nisi for Tuesday next

Tuesday – 13th Nov r – 1821

Wylde v Gibbons
[indecipherable] - -

Jenkins v Loane
[indecipherable] & order for [indecipherable]

Bank v Geo Williams
Jumt & order to amend

[Page 42]

Hobbs v Crammond
to record default

Crammond v Hobbs
for rule nisi for surity for costs –

Berry v Loane & Hall

Thursday 15th Nov r – 1821

Berry v Loane & Hall
The Court gave judgm t
Hall 9 Loane ---

Crammond v Hobbs & anr –
For security of Costs Rule Absolute

Blackbush v Harper
Garling

1 Wit (Harper)
1 Wit (Cutter[indecipherable])
1 Do (Cutter)

Norton

1 Wit (Watson)

[Page 43]

Tuesday 20th Nov r – 1821

Levy v Terry & ors
Rule to plead –

Underwood v Klendigsdolf
Rule to plead –
Sum d to amend – order –

Mc Vitie v Crammond
for a Writ of fi fa agt the goods
&c Granted –

Hobbs v Crammond
record default –

King v Hassell & ors
The Court will give Judgmt on Thursday

Wylde v Gibbons
Rule nisi –

[Page 44]

Thursday 22 d Nov 1821

Palmer v Crabtree

Underwood v Watson
to put of Trial – for 1 year
Rule Nisi

Tuesday 27th Nov – 1821

King v Hassell

Plea Disallowed

In the matter of J. Palmer

Hobbs v Crammond
Rundle Garnisher

Underwood v Watson to make Rule Nisi absolute
Plt ordered to [indecipherable] the cause

[Page 45]

Terry [indecipherable] v Lawson
ordered to be postponed
rule nisi

Friday Nov r 30th 1821

Terry v Lawson
to enlarge the rule till the first day of next Term

Underwood v Klensendolffe
to put off Trial till first day of next Term –

Monday 17th Dec r 1821

Doe & Lord v Campbell

1 Ex (Grant)
1 Wit (Harper) }
1 Do (Lindsay }
1 Do (Foster) }
1 Do (Lamb) }
1 Ex (Account) }

Moore

1 Wit ( )

Underwood v Watson

1 Wit Harper
1 Do (Lindsay
1 Do (Foster)
1 Do (Lamb)
1 Ex([indecipherable])

Moore
1 Wit (Underwood)

[Page 46]

Monday 17th Dec r 1821

Blackett & anr v Apsey
to put off Trial –
Cause ordered to come on

Levy v Terry ad[indecipherable] to put off Trial
Put off on paym t of the costs of the day being paid

Campbell v Lord
to dismiss Bill granted

Blackett & anr v Apsey

1 Wit (Lord)
1 Ex ([indecipherable])
1 Wit ([indecipherable])
1 Ex (Notice)
1 Wit (Norton)

Garling
1 Ex ([indecipherable])

This cause stands for the first day of next Term

[Page 47]

Underwood v Klensendorlff

Norton
1 Wit (Franks)
1 Do (Badgery)
1 Do (Roberts)
1 Do (Rowley)

Garling
1 Wit Laurie
1 Do (Wright)
1 Do (Guise)
1 Do (Burley)
1 Do (Baker
1 Do (Lee)

Verdict for Plaintiff
Damages £ 350-0-0

Clarkson v Singleton

Wit South
1 Ex (note)
1 Do ([indecipherable]

Tuesday Dec r – 1821

Cooper v Williams

Norton
1 Wit (Dixon)
1 Ex (an r-)
1 Wit (Murphy

Rowe

1 Wit (Lord)
1 Do (Laurie)
1 Do (Wyatt)

[Page 48]

1 Wit Atkinson)
1 Ex (Lettr)
1 Wit (Parr)
1 Do (Hand)
1 Do (Wyatt)
1 Do (Kelley)
1 Do (Smith)
1 Do (Terry)
1 Do (Levy)
1 Do (Walton)
1 Do (Dillon)

1 Term 1822
Friday Feby 15th 1822

Martell v Meredith
Thornton v [indecipherable]
Sum d & orde to change [indecipherable]

Moore v Frazier }
Lord v Campbell } Rule to Plead
Allen v Middleton }
Loane v Hall -- }

[Page 49]

1 Term 1822
Friday 15th Feby 1822

Cooper v Williams

1 Wit (Broadbent
1 Do (McQuinnie)

Clarkson v Singleton
1 Wit (Rowley)
1 Ex (Book)
1 Wit (Flemming)
2 Ex ( )
1 Do ( )

Reiby v Birnie
1 Wit (Woolstonecrofft
1 Do (Rieby)
1 Do (Allen)

[indecipherable] v Crossley

1 Wit (Gurner)
1 Wit ([indecipherable])

[Page 50]

Tuesday 26th Feb y 1822

Cooper - v Williams
Verdict for Plaintiff
Damages £ 436 – 0 – 9

Harper v Murray
to dismiss Bill
Granted –

Middleton v Allen
for security for Costs

Lord v Campbell
1 Ex (Deed)
1 Ex (do)
1 Ex (&c)
1 Wit (Lindsay
1 Do [indecipherable] Power of Atty)
2 Ex (Notices)
1 Wit (Evans
1 Do (Marsh)
1 Do (Watson)

[Page 51]

Clarkson v Singleton

1 Wit (Holden)
1 Ex (Letter)
1 Wit (Burns)
1 Do (Stewart)
1 Do (Moore
2 Ex ( )
1 Wit (Garling)
1 Do (Levy)

Rowe
1 Wit (Scott)
1 Do (Rix)
1 Do (Night)

Levy v Terry
1 Wit (Smith)
1 Do (Lord)
1 Do (Cooper)

1 Wit (Ho[indecipherable]flesh)
1 Do (Winder)
1 Ex (acc t)
Verdict for Def t

[Page 52]

Tuesday 5th March 1822

Roberts v Levy

Jones v Corlett Rules to plead –

Lord v Campbell
The Court gave judgmt
Verdict for Deft -

Clarkson v Singleton
Verdict for Plfs
Plt Damages £ 156-0-0

Lord v Scott

Blackett & anr – v Apsey
Plt £ 563-3-3

[Page 53]

Levy v Terry [indecipherable] for asset in futuro

Lord v Campbell

Tuesday 12th March 1822

Middleton v Allen to discharge Order with costs
Asst of M Truman in this not filed

Middleton v Frazier
for [indecipherable] Trumans affid not filed

Middleton v Allen
1 Wit (Richards)
2 Ex (Bills
1 Do (Truman)
1 Ex (Deeds) rule for Judgmt

[Page 54]

Kemp &c v Raine
Verdicts for Plt

Terry – v May
1 Wit (Smith)
1 Ex ( )
1 Do (Hogs flesh)
1 Do Truman)

Lord v Kent
1 Wit (B[indecipherable])
2 Ex (Notes)
2 Do ( )
1 Ex ( )

1Ex ( )

Hart v McDonald & anr

1 Wit (
1 Do (Styles)
1 Do (Jenkins)
3 Ex ( )
Do ([indecipherable])

1 Wit (Styles)
1 Do (Capity)
Stands over till Friday

[Page 55]

Cartwright v Redfern
1 Wit (Wright)
1 Do (Bra[indecipherable])
1 Do (Lamb)
1 Do (Clark)
1 Do (Murphy)
1 Ex (Notice)
1 Do (Terry)
1 Do (Fisher)

Verdict for Plaintiff
Damages £ 65-0-0

Turner & ors v Baldwin
1 Wit ([indecipherable])
1 Do (White)
1 Do (Hibbert)
1 Do ( )
Referrd to [indecipherable] & - Newman

Lord – v Campbell
For Rule Nisi for [indecipherable] Trial –
Refused

[Page 56]

Friday 15th March 1822

Middleton v Frazier
for Injunction Granted

[indecipherable] Chambers
for admission
Granted

Middleton v Allen for Injunction
Refused

Oxley v Hall
to put off Trial
Refused

Hart v McDonald
1 Wit ([indecipherable]
1 Do (Croaker
1 Do (Ward)

1 Ex ( )
1 Wit (Ramsey)
1 Do (Leech)
1 Do (Stewart)

[Page 57]

Brought over

1 Wit ([indecipherable])
1 Do (Leech)
1 Do (Stewart)
1 Do (Sanders)
1 do ([indecipherable])

1 Wit Sanders
1 Do (Saunders) Giffin

Oxley v Hall
Verdict for Plaintiff
Damgs - £ 100-0-0

Doe & Ennis v Conway
1 Ex (Grant)

1 Wit (Welsh)
1 Ex ( )
Rule for Judgmt

Levy v Badgery
1 Wit
2 Ex (
1 Wit ([indecipherable])

[Page 58]

Jones v Corlett
1 Wit (Brown)
1 Do (Moore)
1 Do ([indecipherable] )

1 Wit (Elliot)
1 Do (Campbell)
1 Do (Bradley)

[Page 59]

Monday 1st May 1822

Hart v McDonald
The Court gave Judgmnt
Damages £ 108-5-0

Turner & ors v Baldwin
Verdict for Defendant

Miller v Grils
to record Default

[Page 60]

Howe v Underwood & ors
for Subpoena returnable immediately –

Turner & ors v Baldwin
to set aside award
Granted –

Thursday 16th May 1822

Wylde – v Bank
Rule to plead-

Markells v Same
Thornton v Archer & anr
to put off Trial for 12 months – Rule Nisi

Howe v Underwood & ors
For Injunction
Refused

[Page 61]

[indecipherable] – v Grils
to record default

Thursday 23 May 1822

Lord v Scott
to put of trial –
Stand till Friday week

Thornton v Meredith & ors
Rule nisi enlarged till the last day of Term –
Markells v Meredith & anr
Same –

Friday 31st May 1822

Thornton v same
Markell v Meredith & anor
Mr Norton shewed cause
Rule discharged with costs.

[Page 62]

Doe & Hart v [indecipherable]
for Judgmt – Rule granted & signed –

In the Matter of Clark
Deceased for A[indecipherable]
Granted

Brooks v [indecipherable]
to put off trial – ordered to come on

Turner & ors v Baldwin
Rowe
1 Wit ( Hall)
1 Do (Singleton)
1 do (Farlow)
1 Do (White)
2 Ex (agremt)
2 Do (Brooks)

Norton
1 Wit (Bushel)
1 Do (Yeoman)

All matters in difference
referred to Mr Cox & Mr Bell
Verdict for Plt damages £ 20-0-0
subject to the award

[Page 63]

[indecipherable]
In the matter of Skinner
Admin ad collegandum bona Granted to Francis Howard Greenway –

Lord v Scott
1 Wit (Black)
5 Ex (accts)
No from 1-to-5
1 Ex (Letter) 6
1 Do (Do) 7
1 Do (Do) 8
1 Do (Do) 9
1 Do (Do) 10
1 Do (Do) 11
1 Do (Do) 12
1 Do (Do) 13

49 Exhibits

[Page 64]

Saturday June 1st – 1822

Thornton v Meredith & anr
Hacket v same
To put off Trial for anor 12 months

Markell v Meredith & anr
To put off Trial for 12 months
Refused

Riley & anr v Garling
1 Ex ( )
Stands over for the evidence of W Klensendorlff

Brooks v Weston
1 Wit (Brooks)
1 Do (Walker)
Stands over for the evidence of Mr Moore –

[Page 65]

John Wylde Esq }
[indecipherable] }[indecipherable]
1Wit Truman)
Ex (
1 Ex (>strike.)
1 Ex (Letter)
2 Do ( )
4 Ex (Letters)
1 Wit (Gurner)
1 Do (Moore)
1 Do (Bailey
28 Ex (Bills)

Craft v [indecipherable]
1 Wit (Moore)
2 Ex ( )
1 Do (register)
1 Wit (White)

[Page 66]

Third Term 1822

15th Augt – 1822

Turner & ors – v Baldwin
Verdict for Plaintiff
£ 38-10-6 1/2

Brooks v Weston Verdict for Plaintiff £ 150-10-4

Ritchie v McQueen
to withdraw default

Munro v Gordon
1 Wit Lang
1 Ex (Bill [indecipherable])

Moore
1 Ex
1 Wit (Murray)
1 Do (
1 Do (

Thursday 22nd Augt – 1822

Roberts v Levy
Rule to plead –

[Page 67]

Norkells v Meredith

1 Wit (Norkells)
1 do (White)
1 Do (Elliott)
1 Ex ([indecipherable])
Stand over till the last day of Term for Mr Rowe to get [indecipherable]

King v Russell & ors
to refer to Arbitration

Friday 30th Augt – 1822

Berry Hall & anr
to enter satisfaction on record – ordered to be retried this Term

Doe & Stroud v Dwyer
for Judgmnt – Granted.

James – v [indecipherable]
for time to plead till first day of next Term Rule nisi Granted

[Page 68]

Gunning v Devine & ors
for Mr Wyldes Affidt to be read as evidence. ordered to be retried this term

James & anr – v Garling
Stands for Thursday next

Roberts – v Levy
1 Wit (Bland)
1 Do (Bush)
1 Do Easterbrook-
1 Do (Cooper)
1 Do (Franks)
1 Do ([indecipherable])
1 Bill
1 Do (Cooper)
1 Ex (Bill)
1 Do (Saunders)
1 Ex ( )
1 Wit (Marr)
1 Do (Moss)
1 Do Burford)
1 Do (Brown
1 Ex (Bill)

[Page 69]

Thursday 5th Septr 1822

Day v Griffiths
Rules to plead

Lord v Scott
rule to plead

Lord v Barker
Sumd – for [indecipherable] & order

James v Dillon

Mr Rowe shewed cause agt Rule Nisi Rule absolute

Tuesday Septr – 10 1822

Gunning v Devine & ors
to move to prove viva voce

Middleton v Frazier
to dissolve Injunction

[Page 70]

Cape v Welsh

Rowe –

1 Wit (Wilkinson)
5 Ex (Letters)
1 Wit (Cape)
1 Ex ([indecipherable])
1 Do (Letter)
1 Do (Inventry)
1 Wit (Truman)
1 Do ([indecipherable]
1 Ex [indecipherable]
1 Do (
1 Do (
1 Do (Receipt)
1 Do (Bishop)
1 Do (Letter)
1 Do ([indecipherable] certificate
1 Do (Reynolds

Garling

1 Wit (Strut
1 Do (Naylor)
1 Do ([indecipherable]
1 Do ([indecipherable]

[Page 71]

Thursday 12th Septr 1822

Cape v Welsh for new Trial. Refused

Douglass v Druitt
Rule to plead –

Jones & anr – v Garling
Rule for judgmt –

Doe & Terry v Rece
for rule for Judgmt – Granted –

Halligan v Cullan
To move for non [indecipherable]
rule nisi

Day v Griffiths [indecipherable] –
1 Wit (Freeman)
1 Ex (Demand)
1 Wit (Johnston)

1 Ex (

[Page 72]

1 Wit (Wilson)
1 Do (Day)

1 Ex ( )
1 Wit Robinson
1 Ex ( )

Day – v Griffiths

1 Ex ([indecipherable])
1 Wit (Harvey)
1 Do (Johnston)
1 do (Turman)
1 Do (Walker)
1 Do (Peak

2 Ex ( )

Saturday 14th Septr 1822

Markells v Meredith & anr
Haligan v Cullan
Mr Garling shewed leave
Rule discharged-

Markells v Meredith & anr
to put off Trial –
Granted

[Page 73]

Frazier v Middleton
Verdict for Plaintiff
Damages £ 543-0-0
Rule for judgmt –

Gunning v Williams & ors

Moore
2 (Witnesses)
1 Ex (Bill costs)
1 Do (Record)
1 Do (Affid [indecipherable])

[Pages 75 and 75 Blank]
[Page 76, Book cover]

[NEW DOCUMENT]

[Page 77]

Sketch of the Colony of Queensland

1st History

On the 17th May 1770, the celebrated circumnavigator Capt. Cook dropped anchor in his ship the Endeavour in the waters of a large inlet on the eastern coast of Australia, to which he gave the name of Moreton Bay in honor of his Patron the Earl of Moreton the then President of the Royal Society, through whose instrumentality, principally the expedition was fitted out. Thirty years after Cook’s visit, the well known explorer Capt. Flinders entered the Bay while engaged in an expedition on the North eastern coast of Australia, but although he appears to have made what he conceived to be a minute examination of the surrounding shores, he yet failed to discover the existence of the Brisbane and other rivers – On the 23rd October 1823 an expedition was dispatched from Sydney, under the leadership of W. Oxley at that time Surveyor General of the Colony of New South Wales, for the purpose of deciding on an eligible site for the formation of a new penal settlement, those in existence proving insufficient for the safe keeping of the felon[indecipherable] with whom England was then crowding the Colony. On the 2nd December, Mr Oxley entered the Brisbane river in a boat, and explored it for 50 miles from its mouth, and upon this ground the credit of having discovered this noble stream has been awarded to him – It appears however that the existence

[Page 78]

of the river was known sometime before to some runaway convicts, one of whom accompanied the explorer when he at length succeeded in finding the embouchure – The river was named after the then Governor of New South Wales, Sir Thomas Brisbane, and the Capital of the Colony situate 22 miles from its mouth bears the same name. The Surveyor General had previously carried his researches Northward, discovered the Boyne, visited Hide Bay and Port Curtis, the latter of which inlets had been named by Flinders; and after having explored the Brisbane as above stated the expeditionary party returned to Sydney – The report made to the Government favoured the establishment of a penal settlement on the shores of Moreton Bay, and in the September of 1824, Mr Oxley succeeded in forming a Station at Redcliffe Point – now called by the natives “Umpie bong” or “dead houses” from the ruins of the buildings first erected – not long afterwards the removal of the party to a more eligible site was found necessary, and a position was taken up on the banks of the Brisbane, on the site of the present City – To this place the doubly and trebly convicted felons of the Colony were sent and the settlement was vigorously ruled over by Military Commandants up to the time when it was thrown open to free emigration in 1842, this then was the commencement of colonization in Queensland; from this time the progress made was rapid in the extreme, and in the following year Moreton Bay was admitted to a share of the representation in the Legislative Council. The year 1846 was one memorable for advancement –

[Page 79]

The Bay was surveyed by Capt. Wickham the then Government Resident in the district, the first newspaper the “Courier was established; and an abortive attempt to found a colony at Port Curtis was made at the instance of the Home government – The systematic neglect of the outlying provinces by the Government of New South Wales had had the effect of causing the inhabitants of Port Philip (now Victoria) to seek a Government of their own; the full enjoyment of which they obtained in 1851; and the arrival of 3 ship loads of superior immigrants in 1849, sent out under the auspices of Dr. Lang had a very material influence upon the course pursued by Moreton Bay, which had to complain no less bitterly than Port Philip of the neglect of the Governing powers, and the centralizing policy of the Sydney Authorities. Some time before the arrival of these immigrants (in 1847) a movement had commenced among the Squatting fraternity for procuring separation from New South Wales, and the erection of the Moreton Bay district into a penal colony, the class with whom the agitation originated being short of labor for the management of their Stations; and the project was vigorously canvassed in 1849-51 just after Dr. Lang’s immigrants had settled here. The idea of returning to the abandoned system of transportation and receiving whole cargoes of criminals deported from the Mother country was so repugnant to the feelings of the settlers – who were weaker in pocket, but stronger in number than their opponents – that a counter agitation was commenced, to strive and obtain the boon of self-government without any such degrading position as the acceptance of felons involved. Meetings were held by both parties and at the commencement

[Page 80]

of 1851 the presence of Dr Lang in the district lent fresh force to the cawse of those who advocated separation without exiles – the cawse gained ground throughout the district, and ultimately the projectors of the movement for separation with exiles gave up the contest as hopeless and joined with the best grace possible in the struggles of the other party – The opposition offered by New South Wales to the proposed partition of territory was virulent and unscrupulous from the first, the chief bones of contention being the settlement of the boundary between the two colonies and the adjustment of accounts.
Commencing as previously shown in 1847 and [indecipherable] in 1849-51 the agitation was carried on with unabated vigor for several years – In 1846 Mr. Labouchere (then Secretary of State for the Colonies) declared that the time had arrived for the partition of the territory: but frequent changes in the British Cabinet caused repeated alterations in the prospects of the separationists. At length the arduous and long sustained struggle was rewarded by success. The new Colony of Queensland – so named by Her Most Gracious Majesty the Queen – was proclaimed in London on the 3rd June 1859 and Sir George Ferguson Bowen was appointed first Governor – In November of the same year Sir George Bowen arrived in Sydney, and the separation of Moreton Bay was formally proclaimed in the Colony of New South Wales on the 1st December and in Brisbane on the 10th of the same month. The new governor having that day landed from H.M.S. “Cordelia”. Immediately upon the arrival of His Excellency

[Page 81]

the Government was inaugurated – the departments were brought into a state or organization and the affairs of the Colony were conducted by the Governor up to the time of the Assemblage of the first Parliament which took place on the 22nd May1860, just 90 years and a few days after the date Capt. Cook anchored in Moreton Bay – The social progress of the colony, so far, has more than realized the anticipations of those who labored and struggled for its independence; and the resources at its disposal; the prospects of success apparent and the high position it already occupies among the possessions of the British Crown, lead the colonists to regard with ride and affection the land of their adoption, and to hope and believe that they stand upon the threshold of a glorious future.

2nd – Position and Extent

The Colony of Queensland forms the North eastern corner of the great Australian Continent. Its southern boundary commences at Point
Danger in Lat. 28Ί. 8’ S. and traverses Westerly to the 141st Meridian of Longitude – the eastern boundary of South Australia – and thence along the 138th parallel to the extreme North of the Continent – this covering an extent of country double the area of Canada, and one half larger than England, Scotland Ireland, Wales, France and Spain all added together – the result of calculations made by the Surveyor General relative to this matter gives the area as 678,600 square miles – the approximate area of country occupied by pastoral Stations is 220,000

[Page 82]

square miles or a surface considerably larger more than twice as large as that of the British Isles: An immense proportion of the vast area (678,600 square miles) is beyond the range of settlement, but pioneers are steadily pushing out in all directions.

3rd Population

In the year 1846, the entire population of the Moreton Bay district –which then comprised all the settlements in the Colony – amounted to no more than 2,257 – of these 829 were resident in Brisbane, and 103 in Ipswich; these being the only townships then in existence; leaving 1,325 for distribution throughout the remainder of the settled districts. In 1851 the population had increased to 8,575. In 1856 the population amounted to 17,082 – thus in 10 years the inhabitants in the districts now included in the Colony of Queensland increased from 2,000 to 17,000. The population in 1860 amounted to 30,059, at the close of 1862 the estimated number was 46,000 and at the close of the present year it is estimated that the population will exceed 60,000. If this rate of increase be maintained the population – will be doubled about every 4 years.

With reference to the Aboriginal population – who here as elsewhere, are fast disappearing before the advance of the white men - their number has been set down at 15,000 in Queensland alone, but by far the larger proportion of these are scattered over territory where they still remain lords of their native soil, and where the vices and diseases which are consuming their fellows in the ‘Civilized” districts

[Page 83]

have not penetrated. As a race they are quick-witted and intelligent but cruel, treacherous, untameable, and essentially nomadic in their habits – That the race will ever confirm to the industrious and frugal habits of Europeans is perfectly hopeless, it is nevertheless apparent that they are doomed to the fate experienced by so many other aboriginal nations – gradual extinction.

4th Chief Towns

Brisbane – The Capital of the Colony is beautifully situated on the river of that name, 22 miles from its mouth, and has now a population of about 15,000 taking the area within the Municipality.

Ipswich – the next in importance is situated on the Bremer, a tributary of the Brisbane. The distance between the two places by the river is 44 miles, and by road 25 miles – the population is about 6,000 including the suburbs.

Towoomba which is also a Municipality is situated in the center of a large squatting district at the summit of the Great Dividing Range, and on the eastern limit of the vast Pastoral district of the Darling Downs. The population is about 1,300 – it is distant from Brisbane 85 miles –

Drayton – of which Towoomba is an off shoot – and which has been thrown into the shade by the rapid progress of the latter – is only 3 miles distant from it – it contains a population of about 320.

Harwick – is a town near the boundary of New South Wales – is under Municipal

[Page 84]

Government. It is situated on the river Condamine in the centre of a district that will one day be famous for its Agricultural products. The population is about 1,400 – is distant from Brisbane 100 miles and stands about 1,800 feet above the sea level.

Dalby is a small but flourishing and well situated township in the Northern Downs, distant 140 miles from Brisbane – it has recently been created a Municipality – pop: about 600.

Gayndah – a township in the Burnettt district, and is the entrepot of a large squatting district – it is distant about 220 miles from Brisbane and 95 from Maryborough pop: 600

Maryborough – is a Municipal Seaport town, situated 25 miles from the mouth of the river Mary – The land in the vicinity of this town, and along the banks of the river, has proved of excellent quality for agricultural purposes, and it is believed that this will be one of the largest agricultural districts in the colony – the port is 150 miles north of Brisbane and there is regular communication between both places by land and steamer – it is the great outlet of the Burnett and Wide Bay squattages – population about 2,000 .

Gladstone another maritime town situated on the shores of Port Curtis about 110 miles North of Maryborough – the rapid growth and superior attractions of its more northerly neighbour Rockhampton, have somewhat tended to lessen the estimation in which the place was once held and retard its progress – it possesses a splendid natural harbor – population about 400.

[Page 85]

Rockhampton affords a noteworthy example of the rapid settlement and growth of townships in a new country. The Fitzroy river – 60 miles from the mouth of which the town is situated – was first navigated in 1855, but in July 1858 gold was reported to be discovered 40 miles further up the river than the site of the present town, the result was a rush from all parts of the Colonies, but the field turned out a failure and the consequence was starvation and misery to thousands who had spent their all in getting to the Diggings, and had not the means to return. Notwithstanding the disastrous consequences which followed the “rush”, a few diggers still remained upon the field at Canvona and a moderately large population settled down on the site of Rockhampton. From then till now prosperity has been bountifully accorded to Rockhampton and the inhabitants now amount to about 4,000.

Haverly. small squatting township in Broad Sound about 100 miles to the North of Rockhampton .

Mackay – a township on the Pioneer river which as well as Haverly have only been about 12 months in existence – it is now a thriving seaport town pop: about 200.

Bowen – Port Denison – the first settlers landed here in March 1861 – the town is beautifully situated in Edgecumbe Bay in which the largest vessels can anchor in perfect safety. Since its first settlement the place has steadily gone ahead, and it is looked forward to be the capital of a future

[Page 86]

Northern Colony – it has recently been created a Municipality. the pop: is about 400.

5th Form of Government

In accordance with the Order of the Queen in Council, in virtue of which Moreton Bay was separated from New South Wales, a form of Government was adopted as nearly resembling that existing in the older colony as circumstances would allow – The Colony has then a Governor who is appointed by the Crown, and who is its representative in the Colony – The Executive Council is composed of gentlemen nominated by the Governor, but who like the Ministry at home are responsible to the Legislature, and through that body to the Country – There are two legislative chambers called respectively the Legislative Council and the Legislative Assembly. The Council is at present nominated by the Governor on behalf of the Crown. The Assembly is purely Elective, and is composed at present of 26 Members representing 16 Electorates - All the Members of the Executive Council hold seats in the Assembly. The only qualification required of candidates for parliamentary honours is, that they shall have their names recorded on some electoral roll within the Colony, so that the door of the Assembly is open to any one who may possess the confidence of a constituency.

The Electoral qualifications are
1st Every man 21 years who is either a natural born or naturalized subject of Her Majesty & who is
2nd owner of a Freehold with £ 100 which has been held in possession 6 months.

[Page 87]

3rd Occupier of a house or tenement of the ann: value of & pound; 10
4th Leaseholder to the annual value of £ 10
5th Holder of a Pastoral License
6th Receiving salary of £100 per annum or
7th Paying £ 40 – p.ann: for board & or £ 10 for lodging only.

The only persons debarred from exercising the privilege of the franchise are Criminal & Defaulters in respect of Taxes, Rates, Rents, Tolls &c which may have been due more than 3 months.

6th Education & Religion.

During the first Parliamentary Session two Bills were passed relating to Education & £ 10,000 – voted for Educational purposes. Of this grant £ 3,000 – was to be devoted to the foundation of Grammar Schools, and £ 7,000 – to the establishment of Primary Schools, in accordance with the provisions of the Grammar Schools and Primary Education Acts.

The measures above alluded to:
The first mentioned of these acts empowers the Government to grant a sum of £ 2,000 – towards the building of a Grammar School in any locality in which a sum of £ 1,000 – shall have been contributed by donation or subscription - Wherever the School Fees amount to £ 250 per ann: the Govt are authorized to grant a yearly sum of £ 500. which amount is devoted to defray working expenses. Ten percent of the annual endowment may be reserved for Scholarships or Exhibitions to Universities if the Executive think fit; and the Government are also empowered to bestow a land endowment to the value of £ 2,000 – upon each school.

The Primary Education Act provides for

[Page 88]

National System of Education throughout the Colony. All matters relating to Primary Schools are managed and properly vested in a “Board of General Education”. Any Primary School that may submit to the supervision and inspection of the Board and conform to their regulations is entitled to assistance: all schools receiving aid under the Act are periodically visited by paid inspectors. Certain hours are set apart in each school during which the children may receive special religious instruction from the Minister of the denomination to which their parents belong.

In none of the Australian Colonies is there a dominant Church – In Queensland every Sect is left to its own resources the State merely continuing the stipend to the Ministers who were in receipt of it at the time of the passing of the State Aid Discontinuance Act, their number being 5- 3 Church of England, 1 Roman Catholic and 1 Presbyterian and which they will receive so long as they reside and officiate within the Colony. The great want of the Colony in a religious point of view is a system of intinerant ministration. The Ministers stationed in the Towns occasionally travel on a pastoral tour through the bush, going from Station to Station but this can only be done once or at most twice in a year.

7th Soil and Productions

The productive qualities of the soil of Queensland are superior to those of other Australian Colonies, either for pastoral or agricultural purposes. In the latter particular the Scrubs and forest lands in the vicinity of the rivers and their tributaries are capable of yielding almost every variety of

[Page 89]

grain, fruit and spice peculiar to the tropical and temperate zones – the great range of territory both in latitude and longitude enables those productions to be cultivated suited to the varied degrees of temperature experienced therein, and in many instances the English Potatoe, Cabbage, Turnip, Carrot, the varieties of Beans & Peas, &c may be found flourishing in close proximity to the Yam, Pineapple, Banana, Guava, Orange, Lime, Citron, Sugar Cane, Arrow-root, Grape Vine &c &c. –

The Cotton Plant has been extensively cultivated in various parts of the Colony, and in every instance found to flourish remarkably, yield a large return of very fine and long fibred Cotton.

The Sugar Cane has also been successfully cultivated – the great drawback hitherto, has been the difficulty of obtaining sufficient quantity of suckers or young canes – This difficulty is now being surmounted a large quantity being now had from the Mauritius

The Arrow-root plant flourishes most luxuriantly and the arrowroot manufactured in Queensland is allowed to be the finest to be obtained.

8th Natural Advantages & Resources

Here an endless field of inquiry is opened up particularly as to the pastoral, Agricultural and Mineral productiveness of the Colony, Contemplating the rapid progress of the grazing interest during the past 10 or 15 years, it may be presumed that, as the new tracts of fine country to the Northward and Westward are opened out and occupied, the increase of stock during the next 5 or 7 years will be unprecedented in the Annuls of

[Page 90]

colonization. In 1845 the exports of Pastoral produce amounted to £ 40,000-; in 1861 they reached the value of £ 709,598-. The country lately explored far to the Northward and North West is described as abounding in natural grasses capable of sustaining immense quantities of stock.

A country embracing so large an extent of territory, situated as it is, in a corresponding latitude south of the Equator to Egypt in the North – though with a more healthy & invigorating climate – must be looked upon as eminently productive. The East or lower province has be proved to be capable of bearing all or most of the tropical productions of the earth: whilst the upper or Western – which has an elevation of 2,000 feet above the eastern portion – is capable of growing the finest Wheat, Oats and Barley that can be produced in Australia – English fruits also arrive at great perfection.

Coal of a superior quality has been found in various districts over the entire length of the colony. There are Mines now in operation on the Brisbane river, which have supplied the steamers and shipping in the port of Brisbane for years past.

Several valuable and extensive discoveries of Copper Ore have been found within the last year or two, in the country near Port Curtis and Rockhampton among the Calliope and other ranges – a very extensive deposit has also lately been found in the Peak Downs Ranges, 300 miles to the North of Rockhampton; thousands of tons of ore of first rate quality, crop out

[Page 91]

on the surface of the ground, and it is believed that these mines will through the great “Burra Burra” of South Australia quite into the shade. Gold in larger or smaller quantities has been found over the whole colony: the only mines of any extent are the Calliope, Peak Downs and Burnett.

The wealth of Queensland in forest productions is scarcely to be estimated, most of her timbers being of a kind exceedingly valuable for building and manufacturing purposes. Among others may be [indecipherable] the Pine, the Bunya Bunya – a species of pine which grows to the height of 200 feet and bears a fruit or cone, esteemed a great delicacy by the Natives – the Red Cedar, Iron-bark, Blue Gum, Box, Violet Wood, Silk Oak, Tulip Wood and Forest Oak, all of which are plentiful and the timber exceedingly useful – The dense scrubs abound with vegetation of the richest and most beautiful kind: and a quantity of plants – useful both in Commerce & Physic – have already been discovered.

Lastly Queensland is not without her share – of ocean wealth – Shoals of fish of every variety and species frequent the coasts and rivers – the pearl oyster is found in such large quantities as to justify the hope that a pearl fishery may one day be established on our coast.

9th Climate

the climate of this Colony has – even recently – been strangely mis-represented at home; but those who have heard such mis-statements will be astonished to find that the nearest

[Page 92]

approximation to our genial clime, is found in the sunny island of Madeira. The climate of this colony is salubrious and very favorable to the European Constitution. The writer while on a journey on horseback of some 300 mils had sometimes to camp out all night, with a saddle for a pillow & a horse rug or a covering without experiencing the least ill effects.

10th Employment of Labor

The rapidity with which newly imported labor of a really useful kind is absorbed; justifies the assertion that this colony presents an admirable field for the remuneration of industry - Here a “poor man” is a myth – or if such be found his poverty is generally traceable to Drunkeness or physical infirmities.

The demand both for skilled and unskilled labor is very great; such as Brickmakers, Bricklayers, Masons, Carpenters, Joiners, Painters, Sawyers, Printers, Shoemakers, Blacksmiths and Wheelwrights are the most wanted – A class of immigrants much wanted are men – single or with small families accustomed to laboring, and who are willing to take a turn at anything that offers. Married couples with large & young families are not suited to the wants of the colony.

As a rule Clerks, Shopmen &c are not wanted – if they come they must be prepared to take to rough work at first. As an instance of this, the writer, one of the first named class when he first landed in the Colony, began work as a Laborer.

A great many new arrivals, when

[Page 93]

they land, hang about the town and squander whatever money they have; when necessity obliges them to look about, and they are generally obliged to take to the bush – all persons the moment they arrive should at once look out for whatever employment they are desirous of obtaining, and should they fail in the large towns such as Brisbane they ought at once to push on to the interior and to the North, where their services are more wanted and at much higher wages.

I have no hesitation in saying that any one, who is sober, industrious & willing to push on is certain in a few years to find himself in a position, that at home he might work for a life time to obtain and fail after all

Maryborough 16th December 1863

[Page 94]

This page blank end cover of document.

[new document]

[Page 95]

New South Wales.

COURT OF REQUESTS,}
FOR THE DISTRICT OF SYDNEY.}

To Edwin T. Beilby

You are hereby severally commanded, setting all excuses aside, to appear in this Court at Bent Street Sydney on Monday the Eighth day of February instant at the hour of Ten of the clock in the forenoon precisely, and thence from day to day until the cause in which you are subpoenaed is tried, to testify the truth in the cause therein depending, between George Morant Simpson ---
of Sydney --- Plaintiff, and James Robertson --- of Sydney --- Defendant, on the part of the said Defendant

And herein fail not at your peril. Dated this 6th day of February AD. 1847 By the Court,

Signed Alexander Maxwell
Registrar, >or Clerk/> of the Court

[Page 96]

No 28 – February
New Sittings A D. 1847

In the Court of Requests
for the District of Sydney

Robertson
ats
Simpson

1 Copy
Subpoena
for

Mr. Edwin T. Beilby

Richard Johnson
Attorney for the Defendant
312 Pitt Street
Sydney

[Page 97]

NEW SOUTH WALES

POLICE DEPARTMENT,
Inspector General’s Office, Sydney, April 11th 1864

THIS IS TO CERTIFY, THAT Patrick Purtell aged 35
height 5 ft: 71/4 in: eyes Brown hair Black. complexion fresh
a native of Ireland. served in the New South Wales Police Force
from the 8th August 1857 to the 6th April 1864
during which time his conduct was – Good
Discharged on account of having resigned his appointment.

Dates of Appointment to the different ranks held
in the Police Force.
Constable 8th August. 1857
Senior Constable -
Sergeant (2nd Class) -
Sergeant (1st Class) -

Jno Mc Line
Inspector General

All characters which are granted are filled up without erasures

[Page 98]

SHERRIFF’S OFFICE, SYDNEY

14 April 1847.

To
Mr. Edwin Thomas Beilby Writing Clerk
Sussex Street. Sydney

YOU are hereby required to appear as a Juror, at the General Quarter
Sessions, to be held at Darlinghurst on Monday
the third day of May next at
Ten O’Clock, and there to attend from Day to Day, until you shall be discharged by the said Court.

[indecipherable]
Under SHERRIFF

[Page 99]

1.

CHIEF JUSTICE to COLONIAL SECRETARY
Supreme Court,
25th June, 1849

Sir,

A few words of explanation may, perhaps, be desirable, with respect to the several Law Returns or Statistics lately furnished by me.

Those from the Courts of Quarter Sessions, and Court of Requests, were prepared by the Officers of those Courts, for the use of the Law Commission. Those from the Supreme Court Offices were made, under my own direction, for the information of the Government. You will observe that they comprise details as to Actions at Law, Suits in Equity, and Insolvency Business, as well as the state of Crime; extending, in each case, over the last three years.

I have adopted a classification of crimes, differing materially from that ordinarily in use; which, I have always thought, does not shew with sufficient distinctness the number and kinds of offences against the person, as compared with those of offences against property. On the other hand, a more minute division than I have adopted tends, I think, rather to perplex than to assist in estimating the character of prevailing crimes. The distinction between Felony and Misdemeanor is technical only, and useless for any other purpose.

Should His Excellency the Governor be of opinion that the Returns forwarded by me will be useful, I shall have pleasure in causing the system to be continued in future years. I have not personally compiled or compared any of those now sent, but pains have been taken to make them accurate.

There is one circumstance connected with Australian Criminal Statistics, which I take the opportunity of mentioning in this place. The three heaviest Calendars at Sydney, within the last three years, have been those in August and March last, and in the present month of June. In the August Calendar there were 27 prisoners; of whom only 9 were always free, the remaining 18 being persons originally transported. In the March Calendar there were 25 prisoners, of whom only 6 were always free. In the late Calendar there were (including Quarter Sessions Cases) no less than 65 prisoners; of whom 16 only were always free. The remaining 49 were persons originally transported, i.e. 5 transported to Van Diemen’s Land and 44 to this colony. In one of these Calendars there were eight cases of rape, or murder, or attempt to commit those crimes. Of the prisoners charged in these eight cases, one was an Aborignal, and the other seven were all Ticket of Leave Holders, or men free by servitude.

I am,
Sir,
Yours obedient servant,
(Signed) ALFRED STEPHEN, C.J.

THE HONORABLE
THE COLONIAL SECRETARY.

[Page 100]

2

No. 1.

OFFENDERS tried in the Supreme Court in Sydney, and at the Circuit Courts in the Colony, (exclusive of Port Phillip,) during the Years 1846, 1847, and 1848, specifying the Offences, and distinguishing Acquittals from Convictions

[THE FOLLOWING TABLE NOT TRANSCRIBED]

G.P.F. GREGORY
Prothonotary and Registrar of Supreme Court

[Page 101]

3

No. 2.

Return shewing the Number of Cases and Prisoners sent for Trial before the Quarter Sessions for the County of Cumberland, together with the amount of Civil Business, during the Years of 1847 and 1848.

Number of Cases 1847 – 365 ---1848 – 347
Number of Prisoners in such Cases 1847 – 432 --- 1848 – 389
Number of Prisoners Convicted 1847 – 243 ---1848 – 213
Number of Prisoners Acquitted 1847 – 129 --- 1848 – 117
Number of Cases not Tried, owing to absence of Witnesses, being settled out of court, or returned to Attorney General, &c } 1847 – 60 --- 1848 – 41
Number of Cases relating to Roads, Appeals, and other Civil Matters, including Hawkers’ Licenses issued } – 1847 – 166 --- 1848 – 205
Number of Days occupied --- 1847 – 49 ---1848 – 47

* Of these, 12 days were occupied in the Parramatta Sittings, in 1848: - the number of Cases there being 77.

E. ROGERS,
Clerk of the Peace.

No. 3.
PARTICULARS of Cases tried before the courts of Quarter Sessions, Bathurst, during the Years 1847 and 1848.

Number of Cases 1847 – 36 --- 1848 – 29
Total number of Prisoners in such Cases 1847 – 50 --- 1848 – 30
How many Prisoners acquitted 1847 – 27 --- 1848 -14
How many found guilty 1847 – 23 --- 1848 – 16
Number of Cases relating to Roads or other
Civil Matters 1847 – 2 --- 1848 – 2
Number of Days occupied 1847 – 7 --- 1848 – 8

N.B. – Besides the above Cases, the following were included in the Calendars for Trial:-
Prisoners discharged, Prosecutors not appearing 1847 – 1 --- 1848 – 5

H.F. STEPHEN
Clerk of the Peace.
Clk. Peace Office, Bathurst,
14th March, 1849.

No. 4.

QUARTER SESSIONS Cases at Goulburn in the Year 1848, no Court having sat there in 1847.

Number of Cases – 19
Total number of Prisoners in such Cases – 33
Prisoners discharged or not tried – 6
Prisoners acquitted – 13
How many found guilty – 14
Cases relating to roads, or other Civil Matters – Nil
Number of Days occupied – 4

(Signed) EDWARD B. KITSON,
Clerk of Peace, Goulburn

No. 5

PARTICULARS of Quarter Sessions Cases tried at Maitland in the Years 1847 and 1848 respectively.

Number of Cases 1847 – 121 --- 1848 – 104
Total Number of Prisoners in such Cases 1847 – 132 --- 1848 – 119
Prisoners acquitted including 46 not tried 1847 - 69 ---1848 – 60
Found guilty 1847 – 67 --- 1848 – 13
Number of Cases relating to roads, or other
Civil Matters 1847 – 14 --- 1848 - 13

JOSEPH CHAMBERS , C.P.
Maitland, 13th March, 1849

[Page 102]

4

No. 6

ACTIONS at Law brought, and their disposal, in the Supreme Court of New South Wales, (exclusive of Port Phillip,) in 1846, 1847, and 1848

[FOLLOWING TABLE NOT TRANSCRIBED]

G.P.F. GREGORY
Prothonotary and Registrar of Supreme Court.

No. 7.

RETURN shewing the amount of business done by the Supreme Court of New South Wales, in its Equitable Jurisdiction, during the Years 1846, 1847, and 1848.

[FOLLOWING TABLE NOT TRANSCRIBED]

SAML. FREDK. MILFORD,
Master in Equity.
Sydney, March 16, 1849

No. 8.

RETURN OF INSOLVENCY BUSINESS

Insolvencies during the Year 1846 – 108
do. 1847 – 116
do. 1848 – 145

Special Motions to the Court during the Year 1846 – 70
do. - 1847 – 40
do. – 1848 – 35

Appeals to the Court against Decisions of Chief Commissioner allowing or disallowing Certificate.

1846 – 10
1847 - 4
1848 – 5

These are the only Appeal Cases before the Court. Several Appeal Cases were heard, however, from the Allowance of Debts, [side correction ‘comma after Debts’] before a Judge in Chambers, the number of which cannot be ascertained without much inconvenience and delay.

WILLIAM H. KERR
Chief Commissioner of Insolvent Estates.
Sydney, 22nd April, 1849

[Page 103]

5

No. 9.

RETURN of the Number of Cases tried in the Court of Requsts for the City and District of Sydney, for Years 1847 and 1848.

This Return does not include the number of Cases tried at the Sittings of the Courts at Campbell Town, Liverpool, Parramatta, Windsor, and Penrith. The time occupied by the Commissioner on Circuit is about two months in the year – about a fortnight in every quarter.

[THE FOLLOWING TABLE NOT TRANSCRIBED]

* The number of days occupied in the trial of these £ 30 Causes was 24.

In the absence of the Registrar,
W.DUGUID
Court of Requests Office,
Sydney, 26th March, 1849

No. 10.

RETURN of Motions for New Trials, or Nonsuits, or in Arrest of Judgment, in the Supreme Court, at Sydney, and their disposal, in the Years 1846, 1847, and 1848, respectively.

[THE FOLLOWING TABLE NOT TRANSCRIBED]

* All cases, in which a Motion for a New Trial has appeared in the Motion Paper, are included in this Column.
† This Column includes all Cases, in which the Motion was successful in part only.
‡ Cases struck out of the Paper, for want of prosecution, are included in this Column

G.P.F. GREGORY,
Prothonotary and Registrar of the Supreme Court.
Supreme Court Office,
3rd July, 1849

[Page 104]

6

Supreme Court
3rd July, 1849

Sir,

With reference to my late letter enclosing certain Law Returns, I now add one of all the New Trial Motions disposed of during the same period; believing, from a recent motion in the Legislative Council, that such a Return may be acceptable. I have caused a statement to be added, of the grounds on which the New Trials in 1848 were granted. The time does not admit of the preparation of a similar statement for the previous years. I would suggest that the whole of these Returns should form one series only, for more easy reference.

The particular Return asked for, I observe, is to extend over a less period, but to be brought down to the present month. The enclosed papers, therefore, cannot supply its place; but, when ordered, that Return will be furnished separately.

I am,
Sir,
Your obedient servant,
(Signed) ALFRED STEPHEN

THE HONORABLE
THE COLONIAL SECRETARY.

ANALYSIS of the 11 Motions granted in 1848; shewing the grounds of the Order in each case.

The first was at instance of Plaintiff. Action of Trespass. Disputed Boundaries. Evidence confused and contradictory; Verdict by three-fourths; and the Court agreeing with the Minority. Costs to be paid by Plaintiff.

The second was, also, at the instance of Plaintiff. He had been nonsuited for not appearing. The Cause, it was sworn, was set down by mistake. The Nonsuit was therefore set aside. Costs to abide the event.

In the third case, there was no New Trial in fact granted. It was an Action of Ejectment. The Verdict was for too much; and was wrong on two Counts. The Plaintiff abandoning these, no second Trial became necessary.

The fourth case was at instance of Plaintiff. Action of Assumpsit. Character in question; Evidence contradictory; and Plaintiff making strong affidavit of merits. Costs to be paid by Plaintiff.

The fifth was at instance of Defendant. Action on a Special Contract. Disputed property in goods. Mistaken Verdict on one Count; and Amount of Damages miscalculated; Defendant absent from the Colony; and his Agent not fully prepared. Costs to be paid by Defendant.

The sixth case was at instance of Plaintiff. Action of Ejectment. The Verdict was on the ground that Defendant was a Tenant at Will, whose tenancy had never been determined. It appeared, however, that there had been a previous Ejectment brought; and the Court held, that that was (for the purposes of a subsequent Ejectment) a determination of the will. Costs to abide the event.

The seventh was, also, at instance of Plaintiff, in an Ejectment; on the ground, that the title set up in the Defendant was bad in law. Costs to abide the event.

The eighth case was at instance of Defendant, in an Ejectment; one of the Plaintiff’s Title Deeds not having been legally proved – the attesting witness being absent.

The ninth was at instance of Defendant; on the ground that, on the facts proved, (at a second trial,) the Plaintiff was not in law entitled to recover. Costs to abide the event.

The tenth case was at instance of Plaintiff. Contract for purchase of a House. New Trial granted, partly on the ground of wrong rejection of evidence; but, mainly, that the defence set up was not, in law, an answer to the claim. costs to abide the event.

In the eleventh, the Order was partly because of the Verdict (at a second trial) having been against the first Verdict, and also the opinion of the Court; and, partly, because of the wrong admission of evidence. Granted at the instance of Defendant. Costs to abide the event.

G.P.F. GREGORY,
Prothonotary and Registrar of Supreme court.

NOTE. – The Expression “Costs to abide the event” is a technical one; and the meaning of it is, practically, as follows. – The party who succeeded at the first trial does not, in any event, pay his adversary the costs of that trial. If he fail on the second trial, each party pays his own costs of the first. But, if the successful party at the first trial succeed again on the second, he then gets the costs of both trials.

[NEW DOCUMENT]

[

[Page 105]

[The following table only partly transcribed]

1877

1 -Thos. Boland Jan 4 – County Cook Parish of Magdala commencing at [indecipherable] Eastern boundary of my CP of 10th Aug 76 and running Easterly along the Bathurst Road till it reaches the Western part of Dans’ Selection of 16th Nov 1876 and running such other lines North and South to give the area

2 - Cornelius Lees Jan 10 – North of “The Valley” – Lot E Portion 77 as surveyed for Sale by Mr. Pitt. Parish of Coomassie –

3 Edwin Danitrey – Mar 13 - Portion 26 - County Cook Parish of Jamieson at or near Kings Table Land bounded on the West by N S Cross’ 40 acres Selection & on the North by the Bathurst Road

Chas Hy Humphry Mar 13 - County Cook Parish of Jamieson bounded on the West by Messrs Stubbs & others measured portion of 36 acres & 24 perches and on the South by the GW Railway near the Weatherboard platform

3 Michael Reid – 15 – County Cook Parish unnamed at Springwood commencing at the Western point of my CP of 40 acres running Westerly along the back boundary of Evans 30 acres till it meets Madoline Bolands CP, thence North, East & South to give the area

(1)

[Page 106]

1877

4 Chas Badham – Mar 25 – declared void

P Higgins – April 3 – County Cook, Parish unnamed commencing at a point on the Southern boundary of the GW Railway, about 4 chains Westerly of a remarkable Conical Rock within the Railway fence, being at about 55 ½ miles from Sydney, and bounded on the West by a line South about 22 chains 36 links, on the South by a line East about 22 chs 36 lks, on the East by a line North to the Railway Fence and on the North by the Railway fence Westerly to the point of commencement to include 50 acres

(Sir J . Martin)

P. Higgins April 3 – County Cook, Parish unnamed near Woodford commencing at a point on the Southern boundary of the GW Railway due South by the 55th mile post and bounded on the West by a line South about 22 chs 36 lks on the South by a line East about 22 chs 36 lks, on the East by a line North to the Railway fence and on the North by Railway Fence Westerly to the point of commencement to include the Area

(Sir J Martin)

(2)

[Page 107]

1877

5 - Madoline Boland – April 19 – County Cook Parish of Coomassie Lot 66 as surveyed by Mr. Pitt

6 -T Boland –19 – County Cook, Parish of Magdala joining my Selection No 86 of 10th Aug 76. on the Western Side, on the South side by the Bathurst Road and East and North by lines giving the required Area

7 - Hy Deane – May 3 - County Cook Parish Strathdon commencing on the Bathurst Road at the SW corner of W Deane’s 21 acre grant [pencil note] [this description I fail to understand. It is meant I think to cross the Railway, and appears not to have been allowed.] & bounded thence on the East by that grant & the population boundary of Emu 36 chains, thence on the North by a line bearing West 14 chains to the GWR line and the Bathurst Road thence along the said line & Bathurst Road by lines bearing Southerly & South Easterly to the point of commencement, be the said several dimentions a little more or less

W D Armstrong – May 13 –Void not sufficient land available

B Bachhouse May 23 – County Cook, Parish of Jamieson near Kings Table Land commencing on the North side of the Bathurst Road at a point due
over
(3)

[Page 108]

1877

Over

[Pencil note]
[Measured as
Portion 24 evidently.
Both the description (which is absurd) & the Survey (which is more absurd) crosses the Main Western Road. This is clearly illegal. The application should be refused, on account of not sufficient area.]

South of the SW corner of Portion XX of 50 acres, thence North to the GW Railway, thence by the GW Railway North Westerly to the East boundary of that Reserve South a sufficient length to contain area, thence E to the W boundary of NS Cross’ 40 acres CP portion 16, thence North to the Bathurst Road, thence by the Road South Easterly to point of commencement, excluding Road from area

8 – Chas Moore – June 14 – Measured portions 67 & 68

WD Armstrong – July 11 - County Cook Parish of Jamieson commencing on the Railway Line at a point – 14 chains South Easterly from the 56 mile - tree post and bounded thence by lines North, East, South, and Railwy to point of commencement

- W. H Pinhey – Nov 6 - County Cook Parish --- commencing at a point a few yards South of the 44th Mile post (Railway) and running Westerly along the Bathurst Road and within such other lines to give the required area – South of Railway Line

(4)

[Page 109]

1877

10 – W H. Pinhey Nov 8 – Declared Void / 13 Sep 1878
since taken by J Somers under VDO’s, See folios 19 & 20
&
11 -

W H Pinhey – Dec 3 –
[Pencil note] – [200 yds - = about 14 chains Portion 6 is 20 chains East of 57th Mile Post; so no doubt this is the land measured for Pinhey]

County Cook Parish of Jamieson commencing at about 300 yards East of the 57th Mile Post and near the Viaduct going into the Blue Mountains on the North Side of Railway Line and running Easterly along the Bathurst Road and within such other lines to give the area

- H S Weston – 7 – County Cook Parish unnamed commencing at a point on the South side of the Western Railway Line 6 chains West of 54 Mile Post thence by a line south, East and North to the Railway Line.

12 – WH Pinhey – 13 – On North Side of my selection of 3rd Decr. Declared Void 13/9/78

- R J Stubbs - Co Cooke Parish – at the Blue Mountain commencing at the Railwy Line at the NE corner of Water Reserve for Railway purposes, bounded on the South by said Reserve Westerly to a reserve Road, thence by said Road North [indecipherable] to No 35, thence by the South boundary

(5)
over

[Page 110]

[This page is identical to page 109. It has been copied twice]

[Page 111]

1877
over

of said Reserve and a continued line East and South to the Railway Line to include the Area and [indecipherable] the Railway to the point of commencement

13 - William Joseph Weston – Dec 27 1870 – Declared void since taken by John Taylor see folios 14 & 15

- Thos Boland (again) Jany 31 - County Cook Parish of Coomassie on the Bathurst Road, commencing on the Western side of my additional conditional purchase of 40 acres of 19th April 77, joining Goddard & others and bounded on all sides to include the area

- H.S.S. bond – Feb 2 – [Pencil note] [Portion 40 contains only 42 ac - .
- Perhaps Bond alludes to the Auction Sale “Lot”] – County Cook, Parish of Jamiesn being Lot 40 at Weatherboard & to contain 50 acres

5 – Sir H Parkes – Mar 7 – County Cook Parish of Magdala being Lot 24, bounded on the North by the Southern boundary of T Bolands, now Frawleys’ conditional purchase of 80 ac, on the West by the Eastn boundary of my add conditional purchase of 80 acres & numbered 20

(6)

[Page 112]

1878

- W J Weston – Mar 11 – County Cook, commencing at the North East point of Westons V I.O on the South Side of the Great Western Railway Line and bounded on the West partly by said VL o and by lines to include the area

Since awarded to John Taylor (1)

6 – Sevi Wilcom - April 18 - ? description – County Cumberland

- H Somers – May 14 – County Cook, Parish of Linden commencing on the East side of the GW Railway at a panel of the Railway fence marked Y about 40 chains past No 8 Gate House and between it and the Woodford platform bounded from thence on the West by the Railway fence in a Northerly direction 25 chains, thence on the North by a line East 20 chains thence on the East by a line South 25 chains thence on the South by a line West 20 chains to the point of commencement

[Pencil note] [only 20 chains frontage to Railway should be given -]

- H Somers – County Cook, Parish of Linden commencing at the East side of the GW Railway at a panel of its fence marked V about 75 chains past No 8 Gate House & between it and the Woodford platform, bounded from thence on the West by the
over
[Pencil note] [- Only 20 chains frontage to Railway should be given]

(7)

[Page 113]

1878
over - the Railway fence in a Northerly direction 25 chains thence on the North by a line East 20 chains, thence on the East by a line South 25 chains, thence on the South by a line West 20 chains to the point of commencement

H R Somers – June 6 - Declared Void 2 Sep 78

- H Somers – 7 - County Cook, Parish of Strathden commencing on the North Side of the GW Railway at a panel of its fence marked Y on the middle rail opposite to a Tree Blazed on four sides & situate about Ό of a mile on the Sydney Side of the 44 Mile Railway post, between it & H Deames [indecipherable] of 40 acres ( Lot 93) in said Parish & County, and bounded thence on the South by the Railway fence in line Westerly 15 Chains, thence on the West by a line North about 32 chains, thence on the North by a line East 15 Chains, thence on the East by a line South about 32 chains to the point of commencement

(8)

[Page 114]

1878

8 – HR Somers - June 15 – declared void 2/9/78

9 – Sir Hy Parkes – 20 – County Cook Parish of Magdala commencing at the North Eastern Corner of Sir James Martins measured portion No 21 and extending along the South boundary of my conditional purchase of 400 acres No 19, to a point – about 35 chains from the point of commencement and thence by a line Southerly to a sufficient distance to include the area required by a line Westerly to Sir James Martin’s Eastern boundary.

10 - Frederick Kay Somers- Forfeited 2/9/78

- Edward Reading – 21 – County Cook, Parish of Magdala commencing about 20 chains from the old Bathurst Road at a point bearing due South from the 44th mile post on the Western Railway Line to be bounded partly on the North by a line East about five chains thence by a line South West – North & again by a line East to the commencing point

11 – S J Brennand – 27 – County Cook, Parish Magdala commencing at the Southern boundary of my measured Land of 40 ½ acres, Lot 7, running Easterly along said Southern boundary to T Smith

(9)
over

[Page 115]

1878

over

conditional purchase of 40 acres Lot 8, then a South[indecipherable] along Smiths Western boundary and to a marked Tree, thence Westerly to another marked Tree, thence northerly to the point of commencement

12 - Frederick Somers June 27 – Forfeited 10/2/18 since latter transfer Melville Johns 18 & 19

- Frederick Somers - July 8 - County Cook Parish of Coomassie commencing at a point 8 Chains North from the North East corner of J Shattons conditional purchase of 40 acres, measured Lot No 70, & bounded from thence on the East by a line North about 20 Chains thence on the North by a line West 25 chains, thence on the West by a line South about 20 Chains, thence on the South by a line East 25 chains to the point of commencement

- Frederick Somers – 9 - County Cook, Parish of Coomassie commencing at the North East corner of J Shattons C.P. of 40 acres, Lot No 70, & bounded from thence on the West by a line North about 33 chains, thence on the North by a line East 15 chains, thence on the East by a line South about 33 chains thence at the South by a line West 15 chains to point of commencement

Note. It is wrong to allow the ridges to be taken up in narrow strips such as 33 chains x 15 chains.

(10)

[Page 116]

1878

- Frederick Somers – July 17 – County Cook Parish of Magdala commencing at the South East corner of J Raymonds measured portion of 80 acres & bounded thence on the North by the said portion in a line West 15 chains, thence on the West by a line South about 33 chains, thence on the South by a line East 15 chains thence on the East by a line North about 33 chains to the point of commencement

[Pencil note] [A narrow strip of 33 chains x 15 chains, again – It is highly improper – vive preceding Selection]

- Frederick Somers – 19 - County Cook, Parish of Magdala commencing at the point 5 chains East from the South West corner of H Raymonds 80 acres & bounded thence on the North by the said portion in a line East 20 chains, thence on the East by a line South 25 chains, thence on the South by a line West 20 chains, thence on the South West by a line North 25 chains to the point of commencement

- Frederick Somers – 20 - County Cook Parish of Magdala commencing at a point 20 chains South of the South West corner of G [indecipherable] portion No 98, on South side of GW Railway & bounded from thence on the East by a line South 25 chains thence on the South by a line West 20 chains, thence on the West by a line North
over
(11)

[Page 117]

1878

-over – 25 chains, thence at the North by a line East to the point of commencement

Frederick Somers – July 22 - County Cook Parish of Magdala commencing at the South West corner of G Eagers portion No 98 & bounded thence on the North by a line West 25 chains, thence on the West by a line South 20 chains thence on the South by a line East 25 chains thence on the East by a line North 20 Chains to point of commencement

[Pencilled note] [This selection runs into a previous Selection; and also leaves a small vacancy South of T. Smith’s 41.1.0 [indecipherable] which should not be permitted]

- Frederick Somers – 23 - County Cook, Parish of Jamieson being measured Lot No A 57 41 ½ acres

- Wm, Deane – 24 - County Cook Parish of Strathdon commencing at the South East corner of 40 acres portion No 12 & bounded thence on the West by a line bearing South about 11 ½ chains, on the South by a line bearing East about 42 chains to population boundary, thence on the East by population boundary bearing North about 11 ½ chains & thence on the North by a line bearing West about 42 chains to point of commencement

[Penciled note] [This method of taking up land in these narrow strips is illegal, & contrary to the Act, which states that if there is no frontage the land must be rectangular or squared]

(12)

[Page 118]

1878

13 – Joseph Hay – July 25 - County Cook Parish of Jamieson measured portions 58,59, 60 B.C.D.

14 – Mary Anne Hay – County Cook Parish of Linden measured Lots A & B, portions 10 & 11

15 S J Brennand – County Cook Parish of Magdala situate at the back and adjoining the Selection of T Smith at the Valley, Western Line & adjoining my land on the Sydney side

[Pencilled note] [This is no Description whatever. It does not localize the application]

16 – Joseph Hay - Aug 1 – County Cook Parish of Jamieson adjoining my CP & portion 60 & extending from thence to Reserve 35 & bounded on the East by a Road two chains wide & by Water Reserve notified 4th June 67.

[Pencilled note] This description is loose & impossible. A reasonable [indecipherable] say 20 chains, extending as far as he describes, would contain 200 acres.
Vide addl C.P. No. 21
also “ “ do – No 24

17 - Frederick Somers - Forfeited since taken by G Melville Folio 18 & 19

- W J Weston – County Cook Parish of Linden near Woodford commencing on the South boundary of my VLO near Woodford selected Dec 1877 at a point about 12 chains to the East of the SW corner, thence running south about 25
over
(13)

[Page 119]

1878

over – chains, thence by lines East North & West again to the Southern boundary of my original VLO

- J C Remington – Aug 7 – County Cook Parish of Linden part of measured portion 4, Lot A

10 – Jas McCann – 8 - County Cook Parish unnamed situate on top of Main Ridge of Mountain about ½ a mile West of the Nepean Rise & my CP 23 Nor 65 commencing at a Tree marked A thence running Northerly 20 chains to a Tree marked B, thence Westerly to a Tree marked C, thence South to a Tree marked D thence East to point of commencement

- John Taylor (2) – County Cook Parish of Linden at Woodford adjoining the South boundary of W Hendersons CP third additional purchase having frontage to the Railway & bounded on the South by line to give the quantity & on the West by line bearing North 22 chains 50 Links to the Northern boundary of the land applied for

(14)

[Page 120]

1878

John Taylor (3) – County Cook Parish of Linden at Woodford adjoining the Southern boundary of my previous VLO marked as No 1 having frontage to the Railway & bounded on South by a line to give the quantity & on the East by a line North 22 chains 50 Links to the Northern boundary of the land applied for –

[Pencil note] [The Railway frontage appears to be all occupied, & the description is not clear. I cannot place it accurately.]
-
John Taylor (4) – County Cook Parish Linden at Woodford adjoining of my VLO marked No 2 on its Southern boundary having frontage to the Railway & bounded on the South by a Line East to give the quantity applied for & on the East by a line North 22 chains 50 Links of the Land applied for

John Taylor (5) – County Cook, Parish of Linden at Woodford adjoining my VLO marked 3 on its southern boundary and Eastern Boundary of West on VLO of prior date to the application having frontage to the Railway if my previous application will admit

[pencil note] Frontage to the Railway is absurd in this application It is back land.

19 - J Somers Aug 15 – forfeited, since taken by G Melville Folios 18/19

- Thos Baynes – 28 - County Cook Parish of Linden on that portion of land fronting G W Road adjoining Western boundary of Kings Cave Govt Reserve No 37. & running West 25 chains along Railway Fence

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[Page 121]

1878

Sir H Parkes – Aug 30 – County Cook Parish of Jamieson being measured Lot No 62

Sir H Parkes – County Cook Parish of Jamieson being measured Lot to 63 on Eastern Side of Lot 62

Sir H Parkes – County Cook Parish Jamieson being measured Lot No 64 on Eastern side of Lot 63

Sir G W Allen – County Cook Parish of Coomassie commencing at the South Western corner of portion 3 Parish of Coomassie, thence West along part of the Northern boundary of portions 14 & 15 for 2369 Links thence North 2111 Links, thence East 2369 Links thence South 2111 Links to point of commencement

Sir G W Allen – County Cook Parish of Coomassie commencing 10 chains East of the North Western corner of portion 15 Parish of Coomassie & on the North boundary of said portion thence North 25 chains, thence West 20 Chains, thence south 25 Chains thence East 20 Chains to point of commencement

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[Page 122]

1878

Ed Squires - Sep 3 – C A Goodchaps forfeited conditional purchase at Springwood

Frederick Somers – County Cook Parish of Coomassie commencing at the North East corner of Frederick Somers 50 acres (VLO 10 June 1878) & bounded from thence on the North by a line East about 33 chains thence on the East by a line South 15 Chains, thence on the South by a line West about 33 Chains, thence on the West by a line North 15 chains to point of commencement

[Pencil note] [This is again another narrow illegal strip –]

20 – B McDonough G.P. – County Cook Parish of Jamieson measured portion 65.

21 – Joseph Hay – County Cook Parish of Jamieson bounded on the East by road of access to Reserve No 35 on the North by that Reserve on the West by my previous ACp & on the South by Water Reserve notified 4 June 67

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[Page 123]

1878

22 – Wm Smith – Sep 12 – Cook Parish of Magdala commencing at the South West corner of T Bolands CP No 1 of 40 acres thence along the Southern boundary running East, thence Southerly Easterly & Northerly to point of commencement

23 – Mary Anne Hay – County Cook Parish of Linden bounded on the North by portions 10 & 11, [indecipherable] Cps 25 July 78 of 61 Ό acres, on the West by the Camping Reserve & on the South by Reserve for Recreation

24 – Joseph Hay – County Cook Parish of Jamieson bounded on the East by road of access to Reserve for Recreation, on the North by said Reserve on the West by my ACP of 70 acres and on the South by the Water Reserve

[Pencil note] [Vide Nos. 16, & 21 of 1878]

25 – George Melville – County Cook Parish of Strathden commencing on the North side of the GW Railway at a panel of its Fence marked Y on the middle rail opposite a Tree blazed on four sides about Ό of a mile on Sydney side of 44 Railway post - & bounded from

[pencil note] [This description is absurd It also encroaches on the Population Boundary of Emu village]
over
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[Page 124]

1878

over – thence by the Railway in a Line Southwest 30 chains, thence on the South by a Line Easterly about 70 chains, thence on the East by a line Northerly 45 chains, thence on the North by a line Westerly about 38 chains to the North West corner of T Somers 50 acres VLo & from thence by the said 50 acres to the point of commencement to contain 300 acres or less area if so much is not available

Frederick Somers – Sep 13 – County Cook Parish of Magdala commencing on the South Side of the Old Road from Sydney to Bathurst at the North East corner of Mr Pinheys portion of 50 acres VLo between the 44 mile Railway post and the Gate House to the West of it & bounded from thence on the North by the said Road in a line East about 25 chains thence on the East by a line south about 20 chains, thence on the North South by a line West about 25 chains, thence on the West by a line North about 20 Chains to the point of commencement

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[Page 125]

1878

- Frederick Somers – Sep 13 – County Cook Parish of Magdala commencing on the South Side of the GW Railway at the North West corner of Mr. Pinheys portion of 50 acres VLo, and bounded from thence on the North by the Railway fence in a line West 25 chains, thence on the West by a line South 20 chains thence on the South by a line East 25 chains, thence on the East by a line North 20 chains to the point of commencement

[indecipherable]
Penrith

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[Page 126]

PAGE BLANK

[NEW DOCUMENT]

[Page 127]

Appendix handed in by Inspector Harrison

Separate appendix

Detective Office, Sydney.
21st October 1859.

Sir

Instead of leaving that portion of my evidence relating to children of tender years – I have annexed for the information of the Committee, particulars of the grounds on which I gave those answers, so that they need not be printed.

I have the honor to be
Sir,
Your obedient servant
Chs. E. Harrison
Inspector of Det. Police.

To The Chairman of the Committee}
on the condition of}
the Working Classes}

[Page 128]

Enclosure to foregoing

For the information of the Select Committee of the Legislative Assembly on the condition of the Working classes of the Metropolis I have placed upon paper, the result of my enquiries made amongst prostitutes and others since my examination, together with descriptions of a few of the scenes I have witnessed during the last fortnight.

Mrs Brewer alias Cooper resides at No 260 Castlereagh Street, in a house belonging to Thomas Douglas. The house contains 2 rooms and a detached kitchen. The room facing Castlereagh Street is 12 feet long by 10 feet wide The other room is 8 feet long by 6 feet wide.

In the largest room was a table; rough sofa bedstead and a chair. In the small room there was a mattrass on the floor, but no other furniture. On Saturday the 8th Instant, about 12 p.m. I visited this place in consequence of a man named Cooper, whom I had arrested for a robbery, having stated it to be his place of abode. Upon entering the house I found 3 men and 4 women. There was also a man lying in a state of insensibility, in the enclosed space in front of the house, who had been robbed and dragged outside. His property was laying upon the table. On the mattress in the small room, was a young woman about 24 years old, quite insensible from drink. This young person belongs to a respectable family and her parents reside in the Illawarra District. She told me that she left her home, through having been
seduced
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[Page 129]

seduced by a person who was staying in the District, and to whom she bore a child. Feeling disgraced she came to Sydney, where her seducer deserted her, and refused to support the child, which shortly afterwards died. Since that time (about 6 years ago,) she has been a prostitute.

Another of the women in this house, was the wife of a respectable man, who only a short time ago, kept a first class public house in Sydney. From some cause unknown to me they separated; he allowing her 10/- per week towards her maintenance. She has become a common prostitute.

The third woman is the mistress of the house. She also must at one time have been a decent woman, for when searching after the stolen property, which I supposed was hidden in the house, I found receipts for a sitting in one of the churches. This woman stated, that the man Cooper had been cohabiting with her for some time, and had lived on the money earned by her prostitution.

The fourth woman was one of those low prostitutes, of whom there are, I am sorry to say, too many in Sydney.

One of the men was recognized, and is known to be a carman in Sydney. Two of the others stated themselves to be diggers from Rockhampton. The man who was lying outside, was said to be from the country

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[Page 130]

About 1 a.m. of the 14 instant, I went to a lane in Kent Street, known as Jake’s Lane. The hovels in this place are occupied by prostitutes. One of them is a Mrs. Jakes about 40 years old, and the mother of five children, two of whom both boys, one 9 and the other 6 years old, are living with her. The other three are with their father, from whom she is separated. Her habitation consists of one room, in which there are 2 rough stretchers or bedsteads, a table and a chair. I found 4 persons in this room; they were prostitutes and their men. The children sleep in the same apartment.

Another hovel in the same lane, consists of one room about 12 feet square. This place is occupied by a Mrs Prindle, a woman about 40 years of age, who cohabits with a lad named Roberts, about 15 years of age. This woman is known to receive nightly a number of boys for immoral purposes. The scenes in this house are so disgusting, as to be complained of by the prostitutes, who reside in the neighbourhood.

On Sunday morning about one o’clock, I visited this den, and found the woman and a blackfellow in bed on the floor; a sailor and a girl both entirely naked, on a sort of stretcher or sofa, and the lad Roberts asleep on a bundle of rags in the corner
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[Page 131]

About one o’clock on Monday morning I revisited this place and saw 2 men and 2 women in one bed on the floor, one man and one woman on the sofa or stretcher, and one woman sitting up.

There also lived in the same lane a woman named Celina Curtis, now in Gaol for some crime, who had a woman, whose name I do not know, and her 4 daughters staying with her. The ages of these girls varied from 6 to 12 years, yet they always staid with her, and must have witnessed the scenes which occurred, whenever she brought men to the house, Indeed I am credibly informed that, the children frequently accompanied her when looking for men.

The cases above mentioned and scenes described are not rare occurrences, but can be witnessed nightly, in any of the parts of the City inhabited by low and abandoned women.

Amelia Miles is 16 years old and lives in Darceys Lane, She formerly resided with her mother and they kept a brothel between them, but owing to some quarrel they separated. She states that she has been 3 years on the town, and acknowledges to having prostituted herself previous to that time, when in service – her mother is now keeping a brothel in the same lane.

- Nathan is 13 years old.

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[Page 132]

She is, and has been during the last 6 years, the constant companion of a man known as “Blind Ike”, This man keeps a brothel in Kent Street, and is a noted gambler. The girl accompanies him to gambling houses for the purpose of seeing that he is not cheated, when using dice or when tossing with money. Previous to keeping the brothel in Kent Street, this man kept a brothel in a lane which leads out of Liverpool street, South Head Road. He had several girls there, I remember the brother of one of them applying to me, to assist him in reclaiming his sister, as he was willing to work for and maintain her, He told me that he had frequently taken her home, but she was always induced by “Blind Ike” to return to his place. I rendered the young man all the assistance in my power, but it was of no avail, as she persisted in her abandoned course.

The girl --- Nathan has two sisters, They are by different men, with whom her mother cohabited. One of the girls 22 years old, cohabits with a man named Douce, the other one 14 years old, resides with her mother, who is cohabiting with a man and lives in Durand’s Alley.

The husband of this woman is a barber in Market Street, He is a notorious gambler and an associate of thieves. Altho a cripple, and using a crutch
to
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[Page 133]

to support himself when walking, he has a young woman cohabiting with him.

Harriet Thompson, says she is 15 years old, but appears to be about 13, She ran away from her friends at Maitland 12 months ago, and has been on the town ever since.

Annie Kern gives her age as 15, but looks much younger, Says her mother is dead and father at the diggings. Cannot tell exactly how long she has been a prostitute, but supposes it to be about 12 months.

Jane Robinson states her age to be nearly 16, appears to be about 14, states that her mother is dead and her father lives at Redfern. Has been about a year on the town.

Mary Ann Haddon says she is 16 years old, appears to be about 14. She states that she ran away from her friends at Maitland 12 months ago, and has been on the town ever since –

Sarah Asher gave her age as 17, but does not appear to be more than 14, Says her father is dead, and that she lives with her mother on the Surry Hills; denies being on the town, but is known to the Police as a frequenter of the theatres and has been frequently seen leaving them at closing time in company with different men

Matilda Roy stated her age
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[Page 134]

to be 15, but looks younger. Has been a Barmaid, since leaving her situation has become a prostitute, On the 17th Oct was committed to take her trial for stealing a silk dress and some jewelry.

A number of other girls who are about the same age have made similar statements.

In all these cases, I have heard of none caused by distress, nor during the whole of my experience in Sydney, do I remember one instance, where a girl has been forced on the town by distressed circumstances.

There are in the City a number of brothels, kept by persons who have young children living with them, and from the fact of the women bringing men to the house, in which there is sometimes only one room, the children must of necessity witness the scenes which are constantly occurring, particularly in some cases where even the lights are not extinguished.

With respect to younger girls, I can only say, let any of the gentlemen forming the Committee go into Hyde Park, the City and its Suburbs, before 10 o’clock on Sunday nights, and observe the numbers of young children congregated there, and on pieces of waste ground in low neighbourhoods, and, without disturbing these children get near enough to hear their conversation and observe their actions: let this be done and I am convinced
they
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[Page 135]

they will not require further proof of the juvenile profligacy alluded to in my evidence.

I have frequently observed a number of children varying from infancy to 12 or 14 years of age, in a state of nudity, bathing at the different wharves leading out of Sussex street, but more particularly at the Market Wharf previous to the building of the Jettys which are now there, These children were of both sexes, and all mixed up together. I believe it is intercourse of this kind which first breaks down the barrier of decency, deadens the sense of modesty, and leads to criminal intercourse between boys and girls whilst they are only mere children.

Girls of tender years can be seen nightly in almost any quarter of the City, followed by boys of all sizes, who act openly in the streets in an indecent manner towards them. The girls receive this rudeness with laughter and coarse jests. On the appearance of a constable they scatter to meet again at some other place, all these children have parents and homes. It was only on Monday night that I stopped and questioned one of a number of boys, about 13 years old, whom I had seen acting in an indecent manner to a female in George Street and I learned from him that he and his companions were the children of respectable parents, residing at
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[Page 136]

New Town, Redfern, and other suburbs of the City.

Before, and during this enquiry, I have had frequent opportunities of seeing the house accommodation, among the lower classes of the community. It is extremely bad - Families consisting of father, mother, and 2 or 3 children, sometimes living together in one room. The children through sleeping in the same apartment with their parents must see things which they ought not to see. This, taken together with the warmth of the climate and the bad example too frequently shewn them by their parents, and women of bad character, who generally reside in the poor man’s neighbourhood, may perhaps, account for some portion of the juvenile immorality so prevalent in Sydney.

There are in Sydney several Dancing Clubs, formed by the youths of the City, and in some instances held at Public houses. These are termed Private Clubs, and are frequented by young females of all ages. I believe these places tend to corrupt the morals of those who attend them.

There is likewise a Rotunda or Dancing Saloon, which, when open, is not only a rendezvous for prostitutes, but where a number of young girls have received their first lessons in immorality.

I have also made some enquiries into the state of the Working Classes, and
I have
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[Page 137]

I have formed the following opinion concerning the want of employment – That it is not the want of employment which is so much complained of, as the low rate of wages which is now given, when compared with what was paid a few years ago. Many of the men who are complaining, used to keep themselves by working 3 or 4 days in the week, whereas at the present time, they are compelled to work all the week, for a sum equal to that which they formerly obtained for 3 or 4 days work.

In support of this statement, I will call attention to the fact, that the Lessees of the Theatres, always calculate upon the pit and gallery audience, to clear the expences of the houses. This, coupled with the circumstance of there being two, sometimes 3 Theatres constantly open, besides other places of amusements, which are generally well attended, goes far to prove, that there is not so much distress in Sydney as is currently reported.

In consequence of having withdrawn that portion of my evidence relating to children of tender years, I beg to mention a few of the cases which have come to my knowledge, previous to, and during my service in the Police Force.

Sometime in the year 1852, there was a Circus in Castlereagh Street, where a number of boys from 10 to 15 years old were apprentices. Some girls used to come after
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[Page 138]

these boys, and amongst them were three aged respectively 9.11. & 12. On one occasion, I caught two of the boys named McGrath and Edwards, in a Hayloft adjoining the Circus, having connection with two of the girls. Previous to catching them, I had been told by different persons. That these children were frequently seen in the same situation. In 1854 these three girls were common Prostitutes in Sydney. They were called Kate, Black Maria, and Lizzy.

Just before leaving Sydney in 1856 I was in Sussex Street about one o’clock in the morning. I found a little girl about 7 years of age, standing at the entrance to one of the lanes. She told one that she was waiting for another girl, her companion, who had gone into a house up the lane with a man: that she had no home, her father being dead and her mother in prison. I went to the hovel she pointed out and on looking in between the openings of the boards, I saw a man about 40 years old, on the bed with a child. I burst open the door, rushed in, and struck the man a blow on the head, which severly wounded him, and threw him down a flight of steps to the rock beneath. When I questioned the girl, she told me she was nine years old. I sent the children to the Police Station for protection, but as the man appeared to be seriously injured I did not
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[Page 139]

take the man him into custody.

About the same time, I was one night near the Markets, when I heard an old man say to a woman who had a child with her, I will give you half a crown. Shortly afterwards I saw the man take the child up the dark part of the Market. I followed him, and saw him place the child upon a stone ledge, I went up and took the child from him, and went after the woman who had ran away. The child said she was 7 years old; that the woman was her mother, and resided in -----Street, and that she knew her way home, where I sent her. Being engaged on other duty I was unable to adopt any other course.

Some three or 4 years ago I was watching a young man who was suspected by the Police of being connected with a gang of thieves. I followed him to New Town, where he was joined by a girl. I saw them go down a lane in which here were no houses, and there, on the grass and under shelter of the fence, they had criminal intercourse. In endeavouring to get near enough to take them in the act, I accidentally made a noise and the man got away. I questioned the girl, and she told me that she was between eleven and twelve years old; that she lived with her mother in Sussex Street, and some other particulars which I have forgotten
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[Page 140]

A pawnbroker in the City was robbed of 62 gold rings, by a young girl 12 years old. She was living with her mother and 2 sisters, on 15 and the other 19 years old. They were considered a respectable family and moved in respectable society. Not finding the property on the girl, I searched the house and recovered about 40 of the rings. Whilst making the search I learnt that the mother and daughters slept together in one room on the same bed, with only one blanket to cover them. In the room, slops of the most filthy description were contained in old soup and Bouille tins, which had not been emptied for months, and the stench was so bad that I was compelled to leave the room several times during the search. I afterwards learnt that the young girl who stole the rings, was known to be a prostitute, and a frequenter of a Casino then existing in King Street. She was sentenced to 6 months imprisonment. During the time she was in the Gaol, she took the lead of the most abandoned women there, and was looked up to as a sort of Chieftainess or Leader, by many of the prostitutes who were undergoing a sentence at the time.

Mr Stockley Pasey. Toll received at the Pyrmont Bridge, told me in the course of conversation, that he is constantly witnessing revolting scenes between boys and girls in the vicinity of the Bridge. No later
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[Page 141]

than Monday and Tuesday afternoons there were a number of boys and girls of all sizes and all ages in a state of nudity, bathing on the South side of the Sussex Street end of the Bridge.

The other evening he overheard a conversation between a girl about 13 years of age, who sells oranges, and her brother who is 11 years old. The boy called her by name, and told her in revolting language, that 2 men were coming down who wanted a -------- whereupon she left her basket in his charge, went and met the men, and afterwards went away in their company.

One night last week, 3 girls, the eldest being only 11 years old came to the Bridge. The eldest began to cry and said she was tired. Mr. Pacey told her to sit down and rest herself, which she did. After a time the two others left her. Some boys came down there and began pulling the girl about – Mr P, drove them away, and began questioning the girl about her mode of obtaining a living. She told him, that herself and her two sisters supported themselves and their mother by selling water cress, and by getting money from men and boys, for going with them. She afterwards said, “give me ninepence and you can go with me if you like”, at the same time, pointing to a small house on the opposite side of the Bridge, as a
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[Page 142]

place suitable for the purpose, and remarking, “No one will see us there”.

As another proof of Juvenile profligacy, I may mention that I have been informed by a Chemist, who has for years done an extensive business in Sydney that several girls of only 8 or 9 years of age, have been brought to him by their mothers for Medical Examination, having been more or less injured by connection with boys.

If the Committee think it desirable to examine any young girls, there are several now in Goal, undergoing various terms of imprisonment for robbery, who are well known to the Police as prostitutes.

In conclusion, I beg to state that I have made diligent enquiry for male vagrants among the youths of the City and I can confidently say, there are not 50 houseless boys in Sydney.

[Page 143]

END PAGE BLANK

[Page 144]

Department of Prisons
29 MRC. 94 /002424
Comptroller-General’s Office

Department of Prisons, N.S.W.,
Comptroller General’s Office,
Sydney, 24 March 1894

Sir,

Having been asked by you to express my opinion whether under the existing arrangements for dual control friction would be avoided and order and regularity promoted by the adoption of a system under which prisoners engaged on all necessary and minor works in connection with the Prison at Trial Bay would be rewarded from a Vote placed on the Prisons’ Departmental Estimates leaving the cost of the Breakwater as well as that of all roads and services other then minor improvements and repairs to the Prison to be charged to the Loan Vote under the Works’ Department, I have the honor to state as follows:-

I do not think that the desired results would be secured if the system shadowed forth by you to me verbally were introduced, for the following reasons:

The Prisons’ Service is a partially armed and strictly disciplinary one, and is governed by regulations which are absolutely necessary for its proper control, and any interference from irresponsible persons with the operation of these regulations cannot but be productive of serious trouble and confusion.

The

Alexander Oliver Es q. M.A.,
Department of Public Works

[Page 145]

The administration of prison discipline is a subject of an exceptionally difficult nature, requiring the exercise of constant caution and vigilance on the part of those responsible for properly carrying it out. As a rule, criminals are a critical, tricky, and treacherous class of men to deal with, but they must be treated in a uniform and just manner.

It must also be remembered that at Trial Bay the Prisons’ Department is solely responsible for the discipline of the prisoners, the sanitary condition of the whole of the Prison, and in fact for everything connected with the proper care and management of the prisoners. The Harbours and Rivers officials, who now have prisoners working under them, have no legal responsibility whatever for the condition of the prison and prisoners. They are simply required to submit recommendations as to the payment of the rewards allowed to such prisoners as may be employed under their supervision on the works during the day.

If such a system as that suggested were adopted under the existing arrangements for dual control of the prisoners, the Harbours and Rivers Overseers would still return prisoners to the Superintendent of the Prison as being, in their opinion, either too idle, too disorderly, or too unfitted for the work they required them to perform, and the management of the prisoners would thus still be taken out of the Superintendent’s hands. Captain Horne would have to find work for the prisoners returned to him and he naturally would not like to do just as the
Harbours

[Page 146]

Harbours and Rivers officials wished as to taking over prisoners who would have to be rewarded by the Prisons’ Department. If he refused to do so, friction would at once arise. The Harbours and Rivers’ Overseers would still be placed in the position of being able to say what ;prisoners should, or should not, do the hard labour outside the walls of the Prison. In fact, uniformity and justice in the treatment of the prisoners by their lawful guardians – the prison officials – would still be impossible. This is one of the gravest defects of the system now in existence. If a prisoner complains of his treatment by a Harbours and Rivers’ official, neither the Visiting Justice, the Superintendent, nor I can deal with that official as the case requires.

The greater number of the prisoners sent to Trial Bay, though selected from the different workshops of other Prisons, have not been used to skilled quarrying, but they are sent to Trial Bay to prepare them for liberty under the modified servitude regulations and by the authority of His Excellency the Governor. Before being sent there, they must be passed by the Surgeons as physically fit for quarrying and other similar hard work. Among them are to be found murderers under death commuted sentences to which a terminal period has been fixed burglars, garrotters, forgers and coiners, embezzlers, swindlers, and other long sentenced men convicted of crimes of treachery and deceit. It is perhaps scarcely necessary for me to say that most of such a class of men
are

[Page 147]

are adepts at scheming and malingering in all sorts of ways to escape hard work. The complete control and management of all such men should therefore be left in the hands of the prison officers, as contemplated by law, whether on or off the work at the Breakwater.

I do not think that the slightest difficulty would be met in obtaining the services of two competent men (a Clerk of Works and a Foreman with experience of quarries) to be added to the present prison staff, who would of course be required to carry out to the letter the instructions issued to them by the Engineer in Chief or his supervising District Engineer as to the work on the Breakwater etc. which would still be under the dual supervision of the Supervising Engineer who, as you know, resides at the “South West Rocks” two or three miles round the beach from the prison boundary.

The true principles on which works should be carried out by convicts are thus stated by the English Prison Commissioners:-

“The principle should be laid down that the convict Department, in the execution of Public Works should stand to other Departments of the Government precisely in the position of contractors. The Admiralty or other Departments for which work is to be executed should give precise instructions and specifications with respect to it to the Directors of Convict Prisons, and the latter should have power, without being in any way interfered with, to carry on
the

[Page 148]

the works in the manner they might judge best for the discipline of the criminals”.

I should be glad to have this paper placed as an appendix to my evidence. It contains with a little amplification substantially what I said before you rose at the conclusion of the Inquiry at Trial Bay.

I have the honor to be,
Sir,
Your obedient Servant,
George Miller
Comptroller-General.

[Page 149]

No. 2279 Name John Vane

Date when Portrait was taken July 14th 1880

Native Place - Jame’s Plains
Year of Birth - 1843
Arrived in Colony {Ship “
{Year “
Trade or occupation previous to conviction - Blacksmith
Religion - C of England
Education, degree of - RW
Height 6 feet 1 ½ inches
Weight in lbs - On committal - On discharge
Colour of hair - Brown
Colour of eyes - Hazel
Marks or special features:-

Portrait
(No. of previous Portrait …………)

Where and when tried Bathurst Qt Sess - 6 July 1880
Offence - Sheep Stealing
Sentence - 5 years Roads

Previous Convictions
Where – when - Offence - Sentence
Bathurst C C - April 12 1864 - Robbery under Arms - 15 years Roads -Remitted 23 Feb 187[indecipherable]
Carcoar Bench - May 19 1875 - Stealing - 3 months HL

[Page 150]

2279
John Vane

[Page 151]

No. 2287
Name James McGregor
Date when Portrait was taken ------18

Native place - Sydney
Year of birth - 1861
Arrived in {ship “
Colony {year “
Trade or occupation previous to conviction - Carter
Religion - R Catholic
Education, degree of - RW
Height 5 feet 8 inches
Weight in lbs - On committal – On discharge –
Colour of hair - Brown
Colour of eyes - Blue
Marks or special features: -

Portrait

Where and when tried - Sydney Qt Sess 2 Augt 1880
Offence - Assault & Robbery
Sentence - 3 years HL

Remarks:-
(No. of previous Portrait…)

PREVIOUS CONVICTIONS
Where - When – Offence
W.P.N - Jany 2 1879 - Damage propty - Exam to Police
Sydney Qt Sess - April 16 1879 - Steal from, the person - Acquittal
WP.N - July 12 1880 - In possession of stolen propty - 2 Months HL

[Page 152]

2287
James McGregor

[Page 153]

No. 2288
Name Harry Johnson als Picketts

Date when Portrait was taken---------------18

Native place - Sydney
Year of birth - 1862
Arrived in {Ship “
Colony {Year “
Trade or occupation previous to conviction - Laborer
Religion - R Catholic
Education, degree of - RW
Height - 5 feet 5 inches
Weight in lbs. - On committal………- On discharge………..
Colour of hair - Brown
Colour of eyes – Blue
Marks or special features:-

Portrait

Where and when tried – Sydney Qt Sess 31 July 1880
Offence – Stealing - £ 3
Sentence – 2 years HL
Remarks:-

(No. of previous Portrait ..)

PREVIOUS CONVICTIONS

Where – When - Offence – Sentence

CP.[indecipherable] – July 4 1878 – Stealing – 1 month HL
“ – Dec [indecipherable] – 1878 – Attempt to Steal - 3 “ “
“ – May 13 1879 – Stealing – 6 – “ – “
“ – Jany – 27 1880 – Stealing (2 Charges) 14 days & 3 months L
And 4 Summary Convictions each under a month

[Page 154]

2288

Harry Johnson als Picketts

[Page 155]

No. 2294

Name - James Magner
Date when Portrait was taken …18

Native place – Sydney
Year of birth – 1862
Arrived in Colony - Ship – “Year - “
Trade or Occupation previous to conviction – Laborer
Religion - R Catholic
Education, degree of - RW
Height – 5 feet 8 inches
Weight in Lbs – on committal – on discharge
Colour of hair – Brown
Colour of eyes – Blue
Marks or special features:-

Where and when tried – Sydney Qtr Sess – 31 July 1880
Offence – Stealing £ 3
Sentence – 2 years HL
Remarks:-

(No. of previous Portrait )

PREVIOUS CONVICTIONS

Where – When - Offence - Sentence

Syd Qt Sess – Feb 1 1878 – Steal from the person – 12 months HL
CPO – May 21 1879 – Illegally using a horse – Exam to Police
“ – Oct 3 “ – Obscene Language – 1 month [indecipherable]
“ - Novr – 15 “ - Stealing - 1 month HL
“ – Decr 27 “ - [indecipherable] – 3 “ “
“ – July 19 1880 – Stealing (2 Charges) – 14 days & 3 months HL
and 6 Summary Convictions each under a month

[Page 156]

2294
James Magner

[Page 157]

No 2295

Name John Tighe als Wilson
Date when Portrait was taken, 30 June 1880

Native place – Sydney
Year of birth – 1856
Arrived in Colony – ship “ – Year “
Trade or occupation previous to conviction – Cook
Religion – R Catholic
Education , degree of - RW
Height – 5 feet 5 inches
Weight in lbs – On committal – On discharge
Colour of hair - Brown
Colour of eyes – Hazel
Marks or special features:-

Portrait

Where and when tried – Sydney Qt Sess 3rd Augt 1880
Offence – Keep a bawdy house
Sentence – 4 months HL
Remarks:-

(No. of previous Portrait - )

PREVIOUS CONVICTIONS

Where – When – Offence – Sentence

Melbourne – March 10 1869 – Dressing in female attire – 3 months HL
Do – Feb 19 1877 – Occupier of a house frequented by thieves - “ – “

[Page 158]

2295

John Tighe als Wilson

[Page 159]

No. 2301

Name – John Fox als Williams
Date when Portrait was taken, …….. 18

Native place – Sydney
Year of birth – 1861
Arrived in Colony – Ship “ – Year “
Trade or occupation previous to conviction – Laborer
Religion – R Catholic
Education, degree of – RW
Height – 5 feet 7 inches
Weight in lbs – On committal – On discharge
Colour of hair – Brown
Colour of eyes – Blue
Marks or special features:-

Portrait

Where and when tried – Supreme C Court 9th Augt 1880
Offence – Assault & Robbery
Sentence – 3 years HL
Remarks:-

(No. of previous Portrait …)

PREVIOUS CONVICTIONS

Where – When – Offence – Sentence

CPO – Sep 8 1876 – Stealing – 7 days Imps
Do – April 3 1879 – Do – 1 month HL
Do – Sep 22 1879 – Drunk – 4 days Imps
WPO – Feb 19 1880 – Stealing – 3 months HL

[Page 160]

2301

John Fox
alias Williams

[Page 161]

No. 2304
Name William Smith
Date when Portrait was taken, ….18 .

Native place – Sydney
Year of birth – 1859
Arrived in Colony – Ship “ – Year “
Trade or occupation previous to conviction – Laborer
Religion – C of England
Education, degree of – R & W
Height – 5 feet 5 inches
Weight in lbs – On committal – On discharge
Colour of hair – Brown
Colour of eyes – Blue
Marks or special features:-

Portrait

Where and when tried – Sup. Crim Court 11 Augt 1880
Offence – Attempt to commit Sodomy
Sentence – 12 months [indecipherable]
Remarks:-

(No. of previous Portrait…)

PREVIOUS CONVICTIONS

Where – When – Offence – Sentence

CPO – Oct 4 1878 – Obscene Language – 3 months Impsn
Do – Oct 27 1879 - Stealing – 6 “ HL

[Page 162]

2304

William Smith
alias Captn. Bluff

[Page 163]

Return to [indecipherable] address of the Legs. Ct [indecipherable] the 31st May 1853 requesting that His Excellency the Governor General will cause to be laid on the table

A Return of the Amount of the Sums voted by the Legislative Council for the payment of the Salaries of the Police Force for the City and District of Sydney during the Years 1851 and 1852, together with an Account of the Appropriation thereof

1851
Service – Amount Appropriated – Amount of Salaries charged on the Appropriation – Balance

City Constabulary – 6,150. 5. 0 – 6,045.15.6 – 104.9.6
District Constabulary – 752.16.3 – 745.17.9 – 6.18.6
Mounted Patrol – 833.1.0 – 819.13.9 – 13.7.3

Totals £ 7,736.2.3 – 7,611. 7.0 – 124.15.3

1852

Service – Amount Appropriated – Amount of Salaries charged on the Appropriation – Balance

City Constabulary - 6,187.2.0 – 5,427.2.0 – 760.0.0
District Constabulary – 878.17.0 – 796.2.8 – 82.14.4
Mounted Police – 869.5.0 – 836.19.0 – 32.6.0

Totals - £ 7,935.4.0 – 7,060.3.8 – 875.0.4

[indecipherable]
- Audit Office, Sydney, New South Wales
- 16th June 1853 – Francis LJ Merewether

[Page 164]

1853

Salaries of Sydney Police

Return to Address: Mr Nichols, 31 May 1853
Laid upon the Table 21st June 1853

[Page 165]

Statement of the Receipts and Expenditure of each of the Border Police Districts, beyond the Limits of Location, during the Years 1839 and 1840.

[This table only partly transcribed]

Receipts -
Districts – Licenses to Depasture Stock on Crown Lands – Assessment on Stock. – Fees and Fines Collected by Commissioner – Total

Expenditure.
Salaries – Provisions and Forage – Purchase of Horses and Oxen – Equipments and other Expenses – Total

Districts
1839

Port Macquarie
New England
Liverpool Plains
Bligh
Wellington Valley
Lachlan
Murrumbidgee
Monaroo
Border Police, Generally

Remarks

With the exception of the Commissioner for Liverpool Plains, the Commissioners of Crown Lands were not appointed till after the 31 March 1839; and the formation of the Border Police under them took place subsequently.

1840

Port Macquarie
New England
Liverpool Plains
Bligh
Wellington Valley
Lachlan
Murrumbidgee
Monaroo
Border Police, Generally

Total exclusively of Port Phillip
Port Phillip 1839 – 1840
General Totals

Remarks

Messrs Hughes and Hosking claim upwards of £ 2000. for supplies furnished the Border Police of Liverpool Plains in 1839 and 1840 which not having yet been settled is omitted in the Statement.

The sum of £1210 paid for Licenses to Depasture in 1840 and afterwards authorized to be refunded has also been left out.

Audit Office Sydney
New South Wales.
22nd May 1841
[indecipherable]

[Page 166]

No: 451

Requisition for the undermentioned Articles for the use of The Crown Solicitor at Melbourne

[This table only partly transcribed]

Name of Articles required – Last supply of the same articles – Quantities of each Article actually in possession – Number or Quantities of Articles now required – Purposes for which Required and grounds for making the requisition

Name of Articles required

Ink Black
Paper Foolscap (Best) –
do do ([indecipherable])
do do (Brief)
do do (Letter)
Pens (Steel)
Quills (Goose)
Tape (Red) – broad
Subpoenas
Informations
Venire Facias
Witnesses Certificate

Approved on the – day of – 1843

Richard Rogers – G Gipps – 18 August 1843 – Henry F. [indecipherable]

[Page 167]

No. 452 Recd 30/8/43 – RR

REQUISITION for the undermentioned Articles for the use of The Police Establishment at Yass

[the following table only partly transcribed]

Names of articles required

Printed forms – viz –
Summonses
Warrants to distrain
Recognizances
Informations
Weekly return of convicts absconded
Warrants to apprehend
+form sent - = Vouchers for Police a/c
Applications for Tickets of Leave
Pass Book for T/L Holders
Ordinary passes
Stationery, viz –
Paper foolscap
Do letter
Do blotting
Quills, goose
Wafers, 4 oz
Red Tape – middling
Ink powders (Black)

Approved Yass Police Office on the - of – 184.. 1st September 1843

G. Gipps – J W Hardy – Police Magistrate
To The Colonial Storekeeper.

[Page 168]

Return of Expenditure of Police and Gaols
No 147.
Audit Office, Sydney.
23rd July 1841

For the Immigration Committee.
H.C. 23d July 1841
[indecipherable]
Clerk of Councils

Sir,

In compliance with the request contained in your Letter of the 19th Instant. I have the honor of herewith transmitting

“A Return of the Actual Expenditure of the Police and Goal Establishments, New South Wales, including Buildings, from 1 July 1835, to 31 December 1840, exclusively ‘of the Expense of the Debtors’ Prison, Sydney, and the Establishments at Port Phillip, and of the Estimated Expenditure of the same for the Years 1841 and 1842”

I have the honor to be
Sir,
Your most obedient, humble Servant
[indecipherable]

The Honorable
The Colonial Secretary
&c &c &c

[Page 169]

Colonial Engineers Office
Sydney 13th April 1841

Return showing the present strength of the different Stockades and working parties under the orders of the Colonial Engineer.-

Stations – No. of Men in Irons – No. of Men out of Irons – Remarks
Sydney
Circular Quay - - 42
Diving Bell - - 20
Water works - - 10
Grose Farms - - 174
Cooks river - - 99
Longbottom - - 58
Duck river - - 56
Pennant Hills – 120 – 17
Parramatta – 121 – 54
Do - - 43 - Probationary Gang
Newcastle – 224 – 76
East Maitland – 98 – 31
West – Do – 85 – 25
Tourang – 54 – 25
20 Mile Hollow – 112 – 30
Illawarra – 14 – 182 - (2d Class)

Total – 828 – 942

(Signed) Geo: Barney L Col: R. E.
Turn over

[Page 170]

Royal Engineers Office
Sydney 13th April 1841

Return shewing the present strength of the different Stockades and working parties under the orders of the Commanding Royal Engineer

Stations – No of Men in Irons – No of Men out of Irons - Remarks

Cockatoo Island – 179 – 119 – Treasury Service
Sydney – Boatmen - - 16
Total – 179 – 135
Bradley’s Head - - 76
Pinchgut Island - - 37
Fort Macquarie - - 24
Dawes Battery - - 23
New Barracks South Head - - 122 – Ordnance Service
Ordnance Store - - 51
Old Military Barracks - - 15
Military Barracks Parramatta - - 24
Do – Windsor - - 2
Total - - 374

General Total
Service – No of Men in Irons – No of Men out of Irons
Colonial Service – 828 – 942
Treasury – Do – 179 – 135
Ordnance – Do - - 374
Total – 1007 – 1451 - 2,458

N.B. the Town Surveyors Department has no fixed Establishment by the last return 104 Prisoners were employed, but this number varies daily, as the men can be spared from Barracks. –
(Signed ) Geo: Barney Lt Col: R.E.

[Page 171]

Police Office
Bathurst
17 Sept 1834

My dear Sir,

I wish you would send over [indecipherable] and any person to examine more closely the sheep brought in from, Ballarat as I am certain some of your [indecipherable] ewes are among them. I have ordered the [indecipherable] John Cody to attend on Monday next, [indecipherable] on the description of his sheep
Yours [indecipherable] Sincerely
[indecipherable]

[Page 172]

Sydney 28th Augt. 1837

My dear Sir,

The accompanying is a Memorandum of the proposed new strength and distribution of

The Honorable
E. Deas Thomson Esq
&c &c

[Page 173]

of the mounted Police Force. Prepared on the principle of not having any Detachment of that force in the Country of Cumberland, except a Body Guard for His Excellency in the City of Sydney – and a party at Windsor

[Page 174]

with the [indecipherable] touching that, out of 130 men of all ranks, there should be only 16 dismounted men – and some men have given up their situations as Sergeants and Corporals in their regiments to join the Mounted Police, with

[Page 175]

the prospect of advancement in that corps – how much would those prospects be diminished - if in place if 16 [indecipherable] should deduct 36 dismounted men from 129 Troopers –

I feel it my duty candidly to state, that I doubt

[Page 176]

much, whether you would get soldiers, at least well conducted men, to serve in the Mounted Police, on the proposed conditions, or even that those already in the corps, would continue in the service, with their prospects of advancement

[Page 177]

so materially altered for the worse. -

The [indecipherable] one years proposed reduction would be about £ 2,000 –

If I have [indecipherable] on at any other time offered opinions in opposition to

[Page 178]

who might consider themselves bound to look after the Kurrygong County and the Districts through which Cattle stealers pass from the Hunter to Hartly &c

The only point upon which I have any hesitation

[Page 179]

is about Penrith and Hartly: or rather Emu Plains: - but if the Constabulary do the Escort Duty, and relieve the Mounted Police at Hartly of that service, I do not think the Emu Plains party are necessary - [indecipherable]

[Page 180]

My dear Sir,

I send you an estimate for the Mounted Police proposal according to the accompanying scheme.

I beg leave to remark
that

C. Cowper Esq:
&c &c

[Page 181]

I fear there will be considerable difficulty in carrying out the plan of augmenting the Dismounted Troopers from 16 to 36 –

Men volunteer from their regiments to the Mounted Police in the hope and with the prospect of

[Page 182]

improving their condition, and receiving better pay –

By the proposed reduction of Troopers, the men would be worse off than with their regiments –

A Dismounted Trooper receives pay 6d. per diem and his rations value about 3d -

[Page 183]

A soldier receives 1s a day pay with a deduction of 3 ½ for his rations –

Consequently a dismounted Trooper receives less pay than a soldier with more work to perform –

I beg here to observe that the men of the Mounted Police entered the Corps

[Page 184]

[indecipherable]on those of their [indecipherable] of the Committee. I hope you will give me credit for a desire to uphold the respectability and efficiency of the corps which I have the honor to command

[Page 185]

and, in the present instance, of rendering justice to a body of men, who I trust, it will be acknowledged, have rendered [indecipherable] service to the Colony.

I remain
dear Sir
Yours faithfully
[indecipherable]Nicholson

[Page 186]

Mounted Police Officer
6. Sep? 1847

[Page 187]

No 1

Return of Extra Constables appointed to the Bathurst Police on the Gold emergency with the additional Expenditure consequent thereon to this date inclusive – Bathurst 24 September 1851

[Following Table only partly transcribed]

No – Rank – Name – When sworn in – Remarks

1 - Ordinary Constable – William Gunner – May 24
2 - do – George Curll – May 24
3 – do – John Moore – May 30 – Dismissed 9th June
4 – do – Richard Sandford - May 30
5 – do – Michael Conway – May 31
6 – do - Samuel Carr – June 2 – Dismissed 17th September
7 – do – William Guerin – June 2
8 – do – Frederick Archer – June 2
9 – do - John Forester – June 2
10 – do – John Rowan – June 3 – Dismissed 16th June
11 – do Joseph Attwood – June 3 –
12 – do – Richard Heathcotte – June 4 – Dismissed 31st July
13 – do – John Witts – June 5 – Dismissed 14th June
14 – do – Robbin di – June 2 – Dismissed 13th August
15 – do – Christy – June 2 – Dismissed 13th August
16 – James McDonald – June 25
17 – do James Fyfe – July 28 – Dismissed 23 September
18 – do Joseph Godwin – August 8
19 do – Richard Ainsworth – August 26

Total Amount expended 24th September 1851 inclusive £ 263.12.6

[Page 188]

No 2.

Return of Constables employed as Guard of the Gold Conveyance, with Amount of their Pay &c up to 30th September 1851 inclusive.

No. – Rank – Name – When appointed – Remarks

1 – Serjeant – William Lane – July 17
2 – Ordinary Constable – Alexander McGee – July 17
3 – do – Robert Mitchell – July 17 – Resigned 2nd August
4 - do – George Bridgen – July 17 - Resigned 2nd August
5 - Serjeant – James Graves – July 22 –
6 - Ordinary Constable – John McDonald – July 20 –
7 – do – Hugh McDonald – July 20
8 – do – James Leavers – July 20
9 – do - William Quick – August 3
10 – do – William Fife – August 3 - } Appointed in place of McGee, Mitchell & Bridgen resigned 2nd August
11 – do – Thomas Casey – August 3}
12 – do – Patrick Sheady – August 17- Appointed in place of Fife resigned 16 August
13 – do Thomas Hancock – September 1 – Appointed in place of Quick resigned 31 August

Total Amount expended 30th September 1851 inclusive £ 181.14.6

[Page 189]

No 3

Mounted Constables employed on the Western Road as a Patrol from the 18th May to the 30th September 1851 inclusive

1 Serjeant from the 1st August at 4/9 per day - } 758.13.3
35 Mounted Men at 3/9 p day }
2 Draymen from 7 June to 30th September @ 3/9 p day – 41.12.6 – 800.5.9
£ 800.5.9

Abstract

1. Additional Expenditure consequent on the Gold emergency caused in the Bathurst Police to 24th September inclusive – 263.21.6

2. Pay of Constables employed as Guard of the Gold Conveyance to the 30th September inclusive – 181.14.6

3. Pay of Mounted Constables employed as a Patrol on the Western Road to the 30th September inclusive – 800.5.9
£ 1145.12.9

Office of Inspector General of Police
Sydney 8th November 1851
Willm Spain
Inspector General of Police

[Page 190]

C. Division

Return of the Number of Chinese residing in the above Division on the 18th February 1860.

Situation of Building – Name of Proprietor or Landlord – No of Rooms No of Chinese in Occupation – State of each House as regards cleanliness. Water, and necessary accommodation.

George Street – Henry Leau Appa – 11 – 5 – Water and all necessary accommodation, clean} –
81 George Street – Nom Hing – 10 – 4 – same}
119 George Street – Hong Galoung – 10 - 6 – same}
24 Cambridge Street – Sarm Lang – 3 – 2 – same}
65 Gloucester Street – Santimar – 5 – 13 – same}
29 Harrington Street – Jow Fun – 5 – 11 } These parties keep stores and only accommodate with Lodgings. Chinese Dealers who come from the Diggings & other places to purchase goods, during their stay in Sydney
28 Cambridge Street – Aroy – 5 – 6 – Water and all necessary accommodation, clean and comfortable
16 Cambridge Street – Pun Chow – 3 – 6 – same – same
27 Gloucester Street – John Ashow – 4 – 4 – same – same
85 Cumberland Street – John Pond – 4 – 41 – same – crowded and dirty
Goulburn Street – John Peong – 4 – 6 – same – clean
97 George Street – Lean Chow 5 – 50 – same – crowded and dirty
161 George Street – Chen Ateak – 9 – 150 – same – crowded and dirty. Bad Drainage. Old Store
142 George Street – William S. Ogilvie 6 – 315 – same – crowded & dirty. Bad Drainage. Closets overflowing. Old Store

Total Rooms – 84 – Total No. of Chinese in Occupation 619

James Ryland
Inspr. in Charge

To - John Mc Lerie Esq
Inspector General of Police

[Page 191]

Divisional Return of Mechanics and Labourers wholly, or partially out of Employment on 26th Oct. 1859

[Table of Trades and Occupations, such as Bricklayers, Engineers, Quarrymen, and all trades of the Colony, those partially employed or wholly unemployed. This table not transcribed.]

[Page 192]

A. Division Continued

[As above. Table not transcribed]

[Page 193]

B. Division. Continued

[As above. Table not transcribed]

[Page 194]

[As above. Table not transcribed]

[Page 195]

General Return of Mechanics of Labourers partially, or wholly out of Employment

[As above. Table not transcribed]

[Page 196]

-Continued -

[As above. Table not transcribed]

[Page 197]

B/
occupying one Room.

Number of families – Trade or Occupation – Women – Children – Male – Female – Average Ages of Childn.

[Table not transcribed]

[Page 198]

C/

General Return of Families occupying one Room.

[As above – Table not transcribed]

[Page 199]

Return D

Divisional Return of House – Accommodation, in a Sanitary point of view

Division – Number of Houses in this Division – Number of Water Closets provided – Start of the Drainage – Remarks

A – 217 – 162 – Bad
B – 755 – 103 – Bad, with few exceptions
C – 186 – 57 – Bad – There are 9 houses without a closet, viz
3 in Harrington St,
5 in Gloucester St.
1 in Princes St.
D – 288 – 34 – Bad

Total – 1446 – 356 or – 4 Houses to each Water-Closet except the 9 Houses above.

[Page 200]

[Table only partly transcribed]

Return E

Return of Juvenile Prostitutes and Vagrants, under 16 years of Age

Division – Number – Average Age

16 Vagrants 12 2/12
3 Prostitutes – 15

A – 19

30 Vagrants – 12
4 Prostitutes – 15

B – 34

14 Vagrant - 12
“ Prostitutes – “
C – 14

30 Vagrants – 12
15 Prostitutes – 13

D – 45

Totals

90 Vagrants and 22 Prostitutes - 112

[Page 201]

No. 7

Comparative Statement from the Year 1851, to the year 1859, inclusive

Year – Taken into Custody – Discharged – Summarily disposed of – committed for Trial – Property reported as Stolen – First loss – Amount Recovered – Final Loss

[The following tables are either not transcribed or only partly]

[Page 202]

No. 8

Number of Informations filed by the Police, during the year 1859

Offences

Breach of Police Act
Do. Licensed Victuallers - do.
do. Deserted Wives - do
do – Vagrant – do
Keeping a common brothel

[Page 203]

No 6

Return of Property reported as stolen, during the Year 1859; within the Metropolitan Police District, under each head, viz: First Amount of loss; Amount recovered by Police; Final loss.
January - December

[Page 204]

5
[Joining page missing]

to Custody, during the year 1859

[Page 205]

No. 4
Malicious offences against property
Arson
Wilful damage
Illegally on Premises

No. 5

Forgery

No. 6

Other offences not included in the above classes

Drunkeness
using obscene language
Disorderly conduct
Vagrancy
Prisoners illegally at large
Cruelty to animals
Furious driving
Indecent exposure of person
Deserting from lawful service
Protection

[Table not transcribed]

[Page 206]

No

Trades and occupations, of Persons, taken in [Next page missing]

No. 1
Offences against the Person

Murder and manslaughter
Rape
Assault with intent to commit a Rape
Attempt to commit suicide
Presenting Fire Arms
Assault (common)
Assault on Police
Attempt to rescue from Custody
Violent assault

No. 2

Offences against property committed with violence

Burglary
Assault and robbery
Stealing from a shop, store, or unoccupied house
Attempted robbery with violence

No. 3

Offences against property committed without violence

Horse and Cattle stealing
Stealing from a dwelling house
Stealing from the person
Embezzlement
Fraud
Unlawful possession of Goods
Receiving stolen property

No. 4

Malicious offences against Property

Arson
Wilful damage
Illegally on Premises

No. 5

Forgery

Forgery

No 6

Other offences not included in the above classes

Drunkeness
using obscene language
Disorderly conduct
Vagrancy
Prisoners illegally at large
Cruelty to animals
Furious driving
Indecent exposure
Deserting from lawful service
Protection

[Table not transcribed]

[Page 207]

No 4.

Malicious Offences against property

Arson
Wilful damage
Illegally on Premises

No 5.

Forgery

No. 6

Other offences not included in the above classes

Drunkeness
Using obscene language
Disorderly conduct
Vagrancy
Prisoners illegally at large
Cruelty to animals
Furious driving
Indecent exposure of person
Deserting from lawful service
Protection

[Table not transcribed]

[Page 208]

No. 4

Table shewing the degree of Instruction of the Persons taken into Custody in 1859.

No1

Offences against the person

Murder and Manslaughter
Rape
Assault with intent to commit a Rape
Attempting to commit suicide
Presenting Fire Arms
Assault (common)
Assault on Police
Attempting to rescue from Custody
Violent Assault

No 2

Offences against property, committed with violence
Burglary
Assault and Robbery
Stealing from a shop, store or unoccupied house.
Attempted robbery with violence

No 3

Offences against property, committed without violence

Horse and Cattle stealing
Stealing from a dwelling
Stealing from the Person
Embezzlement
Fraud
Unlawful possession of Goods
Receiving stolen property

[Table not transcribed]

[Page 209]

No. 4

Malicious offences against property

Arson
Wilful damage
Illegally on premises

No 5

Forgery

No 6

Other offences not included in the above classes

Drunkeness
Using obscene language
Disorderly conduct
Vagrancy
Prisoners illegally at large
Cruelty to animals
Furious driving
Indecent exposure of the person
Deserting from lawful service
Protection

[Table not transcribed]

[Page 210]

No. 3

Table shewing the Age and Sex of the Prisoners taken into custody by the Sydney Police during the year 1859.

Offence

No. 1

Offences against the person

Murder and Manslaughter
Rape
Assault with intent to commit a Rape
Attempt to commit suicide
Presenting Fire-Arms
Assault (common)
Assault on Police
Attempting to rescue from Custody
Violent assault

No 2

Offences against property committed with violence

Burglary
Assault and Robbery
Stealing from a Shop, Store, or unoccupied house.
Attempted robbery with Violence

No. 3

Offences against property committed without violence

Horse and Cattle stealing
Stealing from a dwelling
Stealing from the person
Embezzlement
Fraud
Unlawful possession of Goods
Receiving stolen property

Horse and Cattle stealing

[Table not transcribed]

[Page 211]

No. 4

Malicious offences against Property

Arson
Wilful damage
Illegally on premises

No. 5

Forgery

Unnatural offence

No. 6

Other offences, not included in the above classes.

Drunkeness
Using obscene language
Disorderly conduct
Vagrancy
Prisoners illegally at large
Cruelty to animals
Furious driving
Indecent exposure of the person
Deserting from lawful service
Protection

[Table not transcribed]

[Page 212]

Note. Of the above apprehensions during the year 1859, the following were in custody more than once; so that, the number of Persons, actually apprehended, stands thus; Males 4259, Females, 2966, Total 7225

[Table not transcribed]

[Page 213]

No. 2

Result of Magisterial Inquiry
1859 – 1858

No. 1

Offences against the Person

Murder and Manslaughter
Rape
Assault with intent to commit a Rape
Attempt to commit suicide
Presenting Fire-arms
Assault (common)
Assault on Police
Attempting to rescue from Custody
Violent assault

No. 2

Offences against property committed with Violence

Burglary

Assault and Robbery
Stealing from a Shop, Store or unoccupied house.
Attempted Robbery with violence

No. 3

Offences against property, committed without Violence

Horse and Cattle stealing
Stealing from a dwelling
Stealing from the Person
Embezzlement
Fraud
Unlawful possession of Goods
Receiving stolen property

[Table not transcribed]

[Page 214]

No. 1

Persons taken into Custody by the Sydney Police during the Year 1859

No. 1

Offences against the Person

Murder and Manslaughter
Rape
Assault with intent to commit a Rape
Attempt to commit suicide
Presenting Fire Arms
Assault (common)
Do – on Police
Attempting to Rescue from Custody
Violent Assault

No. 2

Offences against property committed with violence

Burglary
Assault and Robbery
Stealing from a shop, Store, or unoccupied House
Attempted robbery with violence

No. 3

Offences against property committed without violence

Horse and cattle stealing
Stealing from a dwelling
Stealing from the Person
Embezzlement
Fraud
Unlawful possession of goods
Receiving stolen property

[Table not transcribed]

[Page 215]

No. 1 -

Prisoners taken into Custody by the Sydney Police, During the Year 1858.

Offences

[The tables of offences in the following pages are the same as those from images 2299205 to image 214]

[Page 216]

[Table]

`

[Page 217]

No. 2 –

Result of Magisterial Inquiry

Offences 1858 - 1857

[Table]

[Page 218]

[Table]

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No. 3

Table shewing the Age, and Sex of the Prisoners taken into Custody by the Sydney Police; during the Year 1858

[Table]

[Page 220]

[Table]

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No. 4 –

Table shewing the degree of Instruction of the Persons taken into Custody in 1858

[Table]

[Page 222]

[Table]

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No. 5-

Trades and Occupations of Persons taken into Custody during the year 1858

[Table]

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[Table]

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No. 6

Return of Property, reported as stolen, during the Year 1858, within the Metropolitan District, under each head; viz. First amount of loss – Amount recovered by Police. Total loss.

Amount of Loss

January
February
March
April
May
June
July
August
September
October
November
December

[Table]

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No. 7

Comparative Statements, from the Year 1851, to the Year 1858 inclusive

[Table]

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No. 8

Number of Informations filed by the Police, during the Year 1858.

Offences

Breach of Police Act
Do. Licensed Victuallers do.
do. Deserted Wives – do. –
do. Vagrant – do. –
Keeping a common brothel

[Table]

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[Cover – blank]

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DIRECTIONS

For John Smith, Chief Constable

1.

On the ringing of the Bell at Sun Setting all the Constables are to assemble at your House to receive such Orders as you may have to issue –

2.

At Sun Setting you will warn the Constables of the Night Duty, as also the Constables for Duty the following Day, the Constables of the Night to commence their Duty at Sun setting and to be relieved at Sun rising, they are to take an accurate muster of the Camp immediately after Bell ringing at Night and Report to you whether or not the People are present, from which time until Day Light they are to strike the Bell and call the Hour, and continually to patrol the Camp. any instance of irregularity that occurs during the Night is to be immediately reported to you, when you are to give such instructions as the nature of the Case requires. All Lights to be put out immediately after Muster.

3.

The night Constables are to apprehend all Sailors found ashore after Sun Sett.g and Lodge them in the Gaol (Masters of Vessels excepted) where they are to remain until brought to the Office.

4.

The Night Constables are also to apprehend and bring to you during the night and Person or Persons found out of their Houses or Lodgings after Bell ringing . They are also to see that a good Fire is kept at the Signal Post, and to Muster at given Hours, such Houses as are situated out of Camp, and all Houses bordering on the least suspicion or irregularity.

5.

The Constables of the Day to commence Duty at Muster in the Morning and continue till Sun down. They are to be very exact in striking and ringing the Bell, they are to examine all Bundles going on Board Ship and to seize any thing prohibited that may be brought from the Ship without the Commandants Permit, and deposit the same in your Charge until reported, they are continually to perambulate the Camp during the Day, and Report to you very irregularity particularly those of Gambling, Rioting or Drunkeness.

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6.

The Constables of the Day are to be very particular in searching the Beat from the Limeburners, and are to prevent any Person coming in said Boats from having any communication in the camp (except the Overseer)

7.

The Constables are also to very particular in examining all Settlers Boats coming to or going from [indecipherable] Wharf.

8.

The Constables Day or Night are to Report to you any Suspicion They may have of Stolen or Secreted property, when he is immediately to search and to proceed in the best manner to effect detection.

9.

On the arrival of Vessels from Sydney with Prisoners you are to wait upon the Commandant to receive his Orders for disembarking them. The Prisoners Landing to be particularly examined, from thence they are to be taken to the Office where you will receive the Commandants Orders relative to disposal of said Prisoners.

10.

The Chief Constable is ordered by the Commandant at anytime during the day to Visit all or any House in the Camp, thereby to inform himself of any irregularity, or whether any Person may be loitering away his time therein instead of being at his Government Work.

11.

Any Constable placed on a particular Duty, (Wharf or elsewhere) not to be removed from said Post without first acquainting the Chief Constable.

12.

The Chief Constable to visit his Constables during the Night to see that they are on the alert, and finding any of them Sleeping, sitting down, or otherwise neglecting their Duty, he is to Report the same to the Commandant.

13.

The Constables are to be very cautious in observing any Goods, Furniture &c moved after Sun–down, which are to be immediately brought to the Chief Constable being contrary to the foregoing Regulations.

14.

The Constables are to be very alert on their Posts and to have no communication with any Person during the time they are on Duty, nor are

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they on any pretence whatever to suffer any of the servants to pass Government House without the Commandants positive Order.

15.

The Constables [indecipherable] to be very particular at the time of relieving and see that all is [indecipherable] they are relieved (particularly at the Prisoners Barracks) as also [indecipherable] to each other any Orders they may have received from the Chief Constable.

Newcastle Jany. 8th 1822.

J.T. Moriset
Commandant

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[Transcribed by Robin Matthews for the State Library of New South Wales]