525 



ANNUAL REGISTER, 1813. 



pr!ce, over which, from tlie large- 

 ness of his demand, he has always 

 a power of control, and which 

 many governors have taken upon 

 themselves absolutely to limit, so 

 as scarcely to afford to the farmers 

 a fair profit for their produce ; and 

 in the distant parts of the settle- 

 ment, they have been known to 

 feed their pigs with the corn for 

 which they could not obtain a suf- 

 ficient price. From the occasional 

 overflowing of the Hawkesbury, 

 and consequent scarcities, a larger 

 cultivation of corn than is necessary 

 for the mere annual subsistence of 

 the colony, is extremely desirable : 

 and your committee are of opinion, 

 that an enlarged market, great en- 

 couragement to agriculture, and a 

 free supply of spirits, may be af- 

 forded to the colony, without losing 

 the revenue which would be pro- 

 duced by the duties on importa- 

 tion, if distillation within the co- 

 lony were permitted under proper 

 duties and regulations ; and they 

 confidently suggest, that this is a 

 measure which ought to be substi- 

 tuted for that proposed by go- 

 vernor Macquarrie : it would ex- 

 tend agricultural speculation — it 

 would be a resource in times of 

 scarcity, and, with proper atten- 

 tion, would afford a better spirit 

 than has been hitlierto imported ; 

 for the importations have, for the 

 most part, been of Bengal and 

 American rum. But your com- 

 mittee must, at the same time, re- 

 gret, that an impediment has arisen 

 to the immediate alteration of the 

 present system, from a contract 

 entered into by governor Mac- 

 quarrie, under which certain mer- 

 chants have agreed to build an hos- 

 pital for the settlement, on being 

 allowed, during the ensuing three 



years, exclusively to purchase spi- 

 rits at the government price, no 

 other spiritsbeing permitted, within 

 that time, to be imported into the 

 colony by private individuals. 



The courts of judicature are in- 

 stituted by commission ; the civil 

 court is called the court of civil ju- 

 risdiction, and consists of the judge 

 advocate, and two respectable in- 

 habitants of the colony, to be from 

 time to time appointed by the 

 governor ; and they have full power 

 to hear and determine, in a sum- 

 mary way, " all manner of per- 

 sonal pleas whatsoever :'* they 

 have also full power to grant pro- 

 bates of wills, and administration 

 of the personal estates of intestates 

 dying within the settlement; and 

 if either party find him, her, or 

 themselves, aggrieved by any judg- 

 ment or decree given or pronounc- u 

 ed by the said court, he, she, or 1 

 they, shall and may appeal to the 1 

 governor ; or in case of his absence 

 or death, to the lieutenant gover- 

 nor ; and if any party shall find 

 him, her, or themselves, aggrieved , 

 by the judgment or determination J 

 of the said governor, in any case 

 where the debt or thing in de- 

 mand shall exceed the value of 

 300/. such party so aggrieved may 

 appeal to the king in council. An 

 allowance to be fixed at the dis- 

 cretion of the court, is to be made 

 by all complainants, at whose suit 

 any person shall be imprisoned, to 

 such defendants, provided such de- 

 fendant make oath that he has no 

 estate or effects sufficient to main- 

 tain himself. It is in evidence 

 that this allowance has been fixed 

 at 6d. per day, which is not more 

 in value than id. in this country. 

 It appears also, that no convict 

 can, during the time of his scrvi- 



