Essequebo and Demerary Royal Gazette 1812 March 24

Vol. VII.]


[No. 461.


TUESDAY, MARCH 24, 1812.

Lost, some time ago, an Acceptance of H. M. Bunbury, Esq. in favour of the Subscriber (and not to order) for Twenty Joes, payable in Rum, at cash price. Whoever has found it, and will deliver it to the Subscriber, on plantation Devonshire, Essequebo; or to Mrs. S. Butts, in Stabroek, will be rewarded. It is of no use to any person but the owner, payment of it being stopped.
Essequebo, March 20. Thomas Mason.

[Sailing ship icon - heading]
For Barbados. [heading]
The Schooner Phoenix, [heading]
R. Norburn, Master, [heading]
Will sail in four or five days. For freight or passage apply to the Master, or
March 24. Robert Noonan.

Notice [heading]
Is hereby given, that all the Slaves sent out to Huckster Provisions of any description, must be provided with a Pass from their Owners, the Subscriber being strictly ordered to examine every Huckster coming to the Market.
March 24. Joseph Taylor.
Clerk of the Market.

THE Subscriber having been appointed by Mr. Isaac Wade, his Attorney during his absence, requests all persons, to whom he stands indebted, will be pleased to favour him with a statement of their respective accounts, (which they will leave at the Store of Messrs. J. and C. Mackintosh,) in order that they may be liquidated with all the dispatch in his power; and for which purpose he now offers for sale, the house in Cumingsburgh, lately occupied by him, and at present tenanted by John Wilson, Esquire - and his Place, opposite the fourth island up this river, called Hyde Park, is offered to be let; - there are at present about fifteen acres of Plantains in a thriving condition, and land cleared and drained for about the like quantity. There is plenty of excellent Greenheart and other hard-wood timber a-back of it; and from the facility of cutting fuel-wood therefrom, it would be a desirable place to be occupied by any Proprietor of a Sugar Estate, who may have occasion to bring the article from up the river. There is an excellent House thereon and plenty of Negro-rooms.
Demerary, March 22. W. N. FIREBRACE, q.q.

ABSENTED himself from the service of the Subscriber, a Negro Man, by trade a mason, named George, formely [sic] belonging to Mr. Rousselet, at whose Vendue he was purchased on the 20th of Feb. last, and from which time he has absconded. A reward of FIVE JOES will be given to any one who will apprehend him, and lodge him in the Colonial Barracks of either of the Colonies; and all Masters of Vessels are cautioned not to take the said negro from the colony.
Pl. Success, March 22.

DEMERARY. [heading]

This is to inform the
Public, that the following Persons intend quitting this Colony;-

Van het Secretary deezer Colonie word geadverteerd
dat de volgende Persoonen
von voorneemens zyn van hier
na elders te vertrekken, viz;

A. Fullerton, in 14 days or 6 weeks from March 4.
J. S. Johnson, in do. or do. . . . 6.
L. Barnes, in 14 days . . . 7.
The black Man William Baa, in do. . . . 7.
H. P. Fleischman, in do. . . . 9.
C. J. O'Hara, in do. . . . 12.
S. Todd, in do. . . . 16.
S. Dealey, in do. . . . 17.
Mrs. Van den Paadevoort, in ditto, . . . 17.
The Hon. Ms. Tinne, in ditto, . . . 17.
Mrs. J. A. Bate, in do. or 5 weeks, . . . 20.
Robert Phipps,
Sworn Clerk.

IN DEMERARY. [heading]

On Wednesday next, the 25th instant, at the Commissariat Yard - a quantity of empty puncheons.
March 24. Robert Kingston.

On Tuesday the 31st instant, by order of Mr. Van Schuler, at his residence, on the concession No. 40, middle-dam, Stabroek - some articles of household furniture, a variety of books, four large earthen water jars, a horse with saddle and bridle, and what further may appear on the day of sale.
March 24. Robert Kingston.

On Thursday the 2d of April, . . .
On the same day, will be sold, by order of the Sequesters of Plantation Parika, thereto authorised by the Honourable Court of Justice - Four Negroes.
Also a negro man, named George, and a negro woman, named Cassandra; the former the property of Mr. G. Bonyan, and the latter belonging to Mr. J. Clark.
March 7. Robert Kingston.

On Monday the 6th of April, will be sold by order of the widow of the Honourable J. Van den Paadevoort, deceased, at her dwelling-house, - household furniture, consisting of dining and card tables, side-board, sophas, chairs, glass ware, a four wheeled carriage, and four draft horses, and what further may appear on the day of sale.
March 24. Robert Kingston.

SENTENCE [heading]
ON THE [heading]
American Barque Jane. [heading]
Promised in our last. [heading]

"With respect to this vessel, it appears by the evidence of William Cole and John Farrell, that she had put sundry contraband articles on board a sloop and schooner, without any permit, and some of which articles were subsequently seized in the house of William Cole.
These articles consisted of nine half barrels of beef, and it appears, by the evidence of Jonathan Leavett, and of Elisha Pike, and John Horne, that some tobacco, beef, and twenty bales of nankeen, were likewise put on board, which have not, I believe, been recovered.
The latter part of the evidence has been attempted to be repelled by the the [sic] master, Ebenezer Cross, by a statement that they were private adventures of the mate, of which he was ignorant; but, unfortunately, his hand contradicts his assertion, as he signed a bill of lading for one hundred pieces of buff nankeens, which leaves no doubt of the fact.
As I have observed in another occasion, the Act of 46 Geo. III. c. 111, and the Prince Regent's consequent proclamation, of the 6th of September, promulgated here by his Excellency Governor Bentinck's proclamation, of the 7th November, 1811, form at present our only code of laws for the regulation of our intercourse with the United States of America; but as neither that act, nor the proclamation, point out any particular mode of proceeding consequent upon their violation, we must follow that which respects British vessels, and mete out to them equal justice, and in the same manner as to our own countrymen; and our only difficulty is to apply correctly such laws to circumstances, which sometimes differ widely from each other.
In this instance, no doubt can be entertained of the breach of the statute 28 Geo. III. c. 6. which being the act whereby the intercourse between the United States and the British West-India colonies was regulated, must be our principal guide, with respect to proceedings and penalties, though it by the act of 46 Geo. III. that the American flag is sanctioned. – Under this act the contraband articles are forfeited, as well as the ship or vessel in which they were brought; but, no mention is made of other articles forming the cargo of said vessel. Abandoning, therefore, the vessel to her fate, the claim goes for sundry articles of her cargo which were entered at the Custom-House, some of them for exportation, being not admissible here by the proclamation.
The learned Advocate for the Crown has, therefore, adduced the act of 4 Geo. III. c. 15, sect. 33 commonly called the Hovering-Act, as applying to this question; and if, in fact, this law does so apply to the case, its penalty goes not only to the confiscation of the ship or vessel, but to all the cargo laden therein, without exception: but I have ever considered, that all penal acts must be construed strictly, and to the letter.
Whatever motives may have actuated the legislature in providing heavier penalties for certain offences than for others, which appear to us of a deeper die, we must administer the law, abstracted from such consideration.
Though I conceive a vessel coming into a port, where she really trades, and landing surreptitiously part of her cargo illegally, commits a greater offence than one that merely hovers on the coast, with intent to land such cargo, and ought rather to forfeit more than less for such offence – yet the penalty must have strict relation to the law, and I cannot conceive this act can be enforced, and made applicable, without the forty-eight hours notice required by it.
I conceive 7 Geo. I. c. 21, sect. 9, to be strictly applicable to the importation of the nankeens; but here also the penalty applies only to the contraband goods, and the ship or vessel in which they are carried, as does that of 15 Car. II. c. 7, to goods the growth and production of Europe, but the fact of having previously delivered the nine half-barrels of beef, one barrel of hearts, two half-barrels of cheeks, five kegs of butter, seven kegs of sausages, five of tobacco, and two of lard, is, in my contemplation, an overt act, proving so decided an intention to smuggle the prohibited articles into this port, that I acquit only such articles claimed as are by law admissible in the Prince Regent's proclamation; condemning the barque Jane, and all the rest of her cargo, for a breach of the Acts of 15 Car. II. c. 7, of the 28 Geo. III. c. 6, and of the 46 Geo. III. c. 111, and the Order in Council of the 6th of September, 1811; to be divided according to the act of Geo. III. c. 15, sect. 42 – one moiety to be paid to the Collector of His Majesty's Customs, for the use of His Majesty; and the other moiety to be paid to the Officer suing or prosecuting for the same; subject to the distribution of such produce as His Majesty shall think fit to direct: and in case of the sale of the acquitted articles, then the proceeds to be delivered up by the Collector.
Joseph Beete,
Judge-Surrogate C. V. A."

Custom-House, Demerary. [heading]
Vessels Entered and Cleared. [heading]

ENTERED. [heading]
March 20. Sch. Betsey, Capt. Ceana, a negro, from Surinam.

CLEARED. [heading]
March 12. Ship Demerary, Capt. Dougal, for Glasgow.
Ship Sisters, Gemmill, Glasgow.
13. Ship Sir Edward Pellew, M'Donald, Greenock.
14. Brig Mechanic, Greely, Havannah.
16. Ship Mercury, Powell, Liverpool.
17. Brig Mary, Smith, St. Bartholemew's [sic].
Brig Farmer, Noyes, Portland, N.A.
19. Sch. Regent, Dennis, St. John's.
20. Sch. Driver, Wallington, Trinidad.
21. Brig Hiram, Wells, New-London.

STABROEK: [centered]
Printed & published every Tuesday & Saturday Afternoon,
By Edward James Henery.

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