Cite: http://nla.gov.au/nla.news-article2178073

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Death 1818

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Sydney.

SITTING MAGISTRATE--S. LORD, Esq.

Assize of Bread, the Loaf of 2lbs. 5½d.

Average Prices of Articles at yesterday's market : -

Wheat 9s. 2½d. per bushel ; maize 3s. 9d; per do. potatoes 6s. 6d. per cwt ; eggs 2s. per dozen; butter

2s. 6d. per lb. and fowls 3s. 6d. per couple.  

SHIP NEWS.       On Monday returned from Macquarie Island, with a cargo of oil, the schooner Elizabeth and Mary, Mr. Joseph Underwood owner.

On Tuesday arrived from Calcutta via Hobart Town, the ship Mary, Capt. Orman, with merchandize.

Passengers from Calcutta; Mrs. Brown, and two daughters; Miss Forbes; and Mr. O'Brien.

From Hobart Town ; Captain James, and Mr.

Jame.- Re¡bey.  

On Thursday the ship Batavia, Captain Lamb, re-   sumed her voyage for Bombay.

The Duke of Wellington, Capt. Collins, with 1200 sheep and 12 cows, on board, sailed from Hobart Town for the Mauritius, on the27th ultimo ; as also the Frederick, Captain Williams, with 48 cows.  

We have received from an unknown Correspondent some pertinent remarks on an Advertisement which has lately appeared in the Sydney Gazette, in the form of       a " CAUTION" against trespassers on a certain estate or manor declared to be now legally vested in the sub- scribing party ; and threatening, amongst other de- nounced pains and penalties, to shoot without further ceremony any cattle that should, after a certain pro-     jected arrangement had taken place, be found trespass-     ing, or upon the said Lands. Our Correspondent pro- fesses himself to be no lawyer, but sufficiently conver- sant in the principles of right, and the usages and pri- vileges of landholders, and owners of estates in gene-   ral, to deny that any person has any legal right or autho- rity to shoot any cattle found trespassing on his lands, under any circumstances whatever ; and shews, in a   very clear and rational manner, and on very fair grounds, that such an act would subject the perpetrator, whe-   ther principal or agent, to a very serious penalty. This Country, in its gradual progress to improvement, has within these few years provided and established Pounds in various districts, as the receptacles of cattle found straying or trespassing; and when any real da- mage or injury has been sustained, the owners of such cattle are liable to make good such damage before the

offending cattle can be released.-This, observes our Correspondent, provides at once an ample and equi-

table redress for injuries of this description, without arming any man, of perhaps a vindictive or malicious   turn of mind, to seize some cow, or other animal, that by accident, by the failing down of a rail, or other cause, has made its way into the prescr¡bed lands of   some self-constituted lord of some visionary manor ; for, our Correspondent goes on to say, no lands or es- tates in this Colony can be designated manors, of which any person desirous of informing himself, may be satis-   fied by reference to the legal definition of a manor.  

We entirely agree with our Correspondent in his ge-

neral remarks on this subject ; and though the Editors

of Newspapers are not at all times, to be supposed so deeply versed in the Laws of the Realm as to be suffi ciently guarded against an error which the haste of printing advertisements might subject them to ; yet, on mature reflection, when the error has presented itself, it becomes their duty to correct it ; and, in the present case, we are ready to admit that the advertisement allu- ded lo might have a tendency to mislead persons less conversant with the laws, and involve them in very se- rious consequences ; and the more so, when it bears the   signature of a professional character;- and, with this   conviction, we have no hesitation in allowing our Cor- respondent's remarks to have their present publicity.  

A young man of the name of Allen, clerk to Messrs. Jones and Riley, was drowned on Sunday last at Bun- dye, by venturing within the surf, which was very high and rapid at the time, from the force of which, when once involved, he could not extricate himself.   The body was found on Monday, and interred.

The Mary left Hobart Town on Monday the 6th in-

stant; and brings a perfectly favorable report of the

settlement.

Michael Howe, the desperate bush ranger, was seen among the farms about a month since, after an unac-     countable disappearance for the three mouths previous. He was armed, and plundered the hut of a stockman  

of a trifling property. He has several dogs with him,   and is provided with ammunition.

The natives of Van Diemen's Land are unquestiona- bly the most perverse known any where. They con-   stantly avoid the settlements, into which a few women have very lately introduced themselves in a state of famine. A few months back, not exceeding four, a whole flock, of sheep 500 in number, was destroyed  

by them at Salt pan Plains, and the carcasses burnt or singed, and left to total waste, as they do not eat their   flesh. Their hatred to us appears at present to be fixed     and irradicable; and although much intimidated at the appearance of a musket, yet a party of 13 men were once kept upon the summit of a hill by several hun- dred of these savages, for three whole days, without the       chance of retreat, which was at length effected by stratagem on the third night, as the natives only attacked

them in the day time.

In the course of an action brought in the Governor's Court on Thursday, a witness was challenged with non-attendance to his subpoena on the previous day, although he had been served regularly ; to which chal- lenge he objected-that he had not, with the subpoena, received the sum of 2s. 6d. as conduct money, to which he considered every witness entitled at the time of service. This objection was, however, condemned by the Court, in terms of the strongest censure ; His Honor the Judge Advocate expressing his astonishment     that any man should endeavour to avail himself of such a plea in support of a marked contempt of the Court's authority. His Honor had no wish to proceed with harshness in the present case, as he was aware that the witness had been led astray by a prevalent misconception of the duty incumbent on a witness;   which he would now explain to him, for his future guidance:-Thus then it was, that a witness, and the more particularly one who was in Sydney, where   the Courts were held, could find no excuse for not   attending to his subpoena ; the issuing of which was

by the Court, and not the act of any private indivi- dual. The Court must be obeyed at all times; and, if the conduct money was not paid at the time of the service, still the order of attendance was from the Court, and that order must be complied with: if otherwise, every man might frame his own excuse for   similar transgressions: The claims of the witness were not at the same time to be disregarded ; it was needful that his claim for attendance should be satis- fied ; and this, the Court which had commanded his appearance, would also command, upon a represen-   tation, prior to his giving evidence, of his conduct money and lawful charges for attendance having been withheld from him. Upon such an application he would find his remedy ; and he trusted, therefore, that the present caution to an individual would hee- after be attended to, generally.  

Among the fruits that our gardeners bestow atten- tion upon, it is wonderiul that the guava is so much neglected. They grow here to a very good size, and upon two trees in Farm Cove so long as 17 years ago were known to be of a very large size. The fruit may not be so pleasing to some palates as others ; but the property of the guava is of two-fold consideration; when green, the astringency of its exterior is esteemed within the Torrid Zone as a strong medicinal virtue;   and when ripe it makes one of the finest and most deli- cious jellies in the world. Those who have been much in the West Indies, will speak as to both these facts ; and if any good housewife who understands the mak-   ing of jellies, would try the guava (which makes a most delicious tart also), it would no doubt reward her trouble, and at the same time bring this valuable fruit into the estimation to which it is entitled.

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