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Decisions of the Superior Courts of New South Wales, 1788-1899

Bayly v. Cooper, Lord and Underwood (or Kable) [1809] NSWKR 7; [1809] NSWSupC 7

admiralty - stowaway - concealment of convicts - Port Regulations

Bayly v. Cooper, Lord and Underwood (or Kable) [1809] NSWKR 7; [1809] NSWSupC 7
Court of Appeal
Lieutenant Governor, 7 August 1809
Source: Sydney Gazette, 13 August 1809, 1

           Four Convicts, and a Seaman belonging to the Ship Sydney Cove having been found concealed (contrary to Port Regulations) on board the Schooner Unity of London, Daniel Cooper Master, at the moment of her intended departure from this Colony, the High Court of Appeal has decreed, that the said Daniel Cooper has forfeited the sum of ¿800 Sterling, and his two Sureties the Sum of ¿50 each, being the penalty of the Bond entered into by them for the due observance of said Regulations; and as the only justification attempted to be offered by the said Daniel Cooper for his neglect and disobedience thereof was, "That the said Convicts and Seaman found admittance into the   Schooner from there having been no watch kept on board, and were concealed without his knowledge or consequence," The LIEUTENANT GOVERNOR, to prove the fallacy of such excuse, directs the annexed Extract from the Port Regulations to be published in General Orders, which he strongly recommends to the particular attention of Masters and Owners of Merchant Vessels trading to, or touching a Ports of this Colony and its Dependencies.

Article 25, Port Regulations

"Every master of a ship or vessel is to keep watch and guard on board, and be answerable for the conduct of his officers and crew, so far as respects the said ship or vessel in her mercantile concerns, and the application of the several bonds he entered into, as also for any convicts that may be found secret it on board his vessel, (according to the 16 th Geo 2d. chap. 21.")

By Command of his Honor the Lieutenant Governor,

                                                                       JAMES FINUCANE, Secretary.

Head Quarters, Sydney ,

           August 7, 1809.

Published by the Division of Law, Macquarie University