[* One of them, William Locker, from the extraordinary deformity of his left leg, had been offered £100 for it in England.]
December.] The court of civil judicature had hitherto been but rarely assembled. The few debts which had been contracted were not of sufficient moment, and had seldom remained long enough in doubt, to require an action to recover them. But now the possibility having been discovered of acquiring in this country a property worth preserving, it was probable, when the talents and disposition of the men of landed property (the settlers) in New South Wales were considered, that many disputes would occur among them which the civil court alone could decide.
A court of civil judicature was assembled this month. Some debts were sworn to, and writs granted. An action for an assault was also tried. About the latter end of the month of October, a large sow, the property of Mr. J. Boston, having trespassed with two or three other hogs on a close belonging to an officer of the New South Wales corps, was shot by a soldier of the regiment (the officer's servant). The owner, Mr. Boston, repairing immediately to the spot, on seeing the sow, then near farrowing, lying dead on the ground, made use of some intemperate expressions; which being uttered in the hearing of two of the officers and some other soldiers of the corps, the officers were said by Mr. Boston to have encouraged and urged the soldiers to beat him. Mr. Boston had been struck, and, as it appeared on the trial, with a musket, which at the time was loaded. Mr. Boston laid his damage at five hundred pounds. The court however, after several days very attentive examination of the business, gave him a verdict against two of the defendants, with twenty shillings damages from each. One of these defendants, a soldier, was advised to appeal from the decision of the court to the governor, who, after hearing the appeal, confirmed the verdict of the civil court.
On the 6th the Francis schooner sailed for Norfolk Island. The governor, being anxious to learn the situation of the lieutenant-governor, sent her merely with a letter, that if unhappily any accident should have happened to him, a proper person might be sent in the Reliance to command the settlement, until a successor could arrive from England. Having nothing to deliver or receive that could detain him, the master determined to try in what time his vessel could run thither and back again.
The harvest was begun in this month. The Cape wheat (a bearded grain differing much from the English) was found universally to have failed. An officer who had sown seven acres with this seed at a farm in the district of Petersham Hill, on cutting it down, found it was not worth the reaping. This was owing to a blight; but every where the Cape wheat was pronounced not worth the labour of sowing.
A quantity of useful timber having been for some time past indiscriminately cut down upon the banks of the River Hawkesbury, and the creeks running from it, which had been wasted or applied to purposes for which timber of less value might have answered, the governor, among other colonial regulations, thought it necessary to direct, that no timber whatever should be cut down on any ground which was not marked out on either the banks or creeks of that river: and, in order to preserve as much as possible such timber as might be of use either for building or for naval purposes, he ordered the king's mark to be immediately put on all such timber, after which any persons offending against the order were to be prosecuted. This order extended only to grounds not granted to individuals, there being a clause in all grants from the crown, expressly reserving, under pain of forfeiture, for the use thereof, 'such timber as might be growing or to grow hereafter upon the land so granted, which should be deemed fit for naval purposes.'
It was feared, that the certainty of the existence of our cattle to the southward being incontrovertibly established, some of our vagabonds might be tempted to find them out, and satisfy their hunger on them from time to time, as they might find opportunity. We were therefore not surprised to hear that two of them had been killed. A very strict inquiry into the report, however, convinced us that it had been raised only for the purpose of trying how such a circumstance would be regarded. The governor thought it necessary therefore to state in public orders, that,
Having heard it reported, that some person or persons, who had been permitted to carry arms for the protection of themselves and property, had lately employed that indulgence in an attempt to destroy the cattle belonging to government, which were at large in the woods; and as the preservation of that stock was of the utmost importance to the colony at large, he declared, that if it should be discovered that any person whatever should use any measure to destroy or otherwise annoy them, they would be prosecuted with the utmost severity of the law.
A reward was also held out to any person giving information, and the order was made as public as possible that no one might plead ignorance of it.
The harvest having commenced, the governor on the 22nd signified to the settlers, that