Tuesday, March 20, 2018


MARY ANN TIMONEY IN TASMANIA

When Mary Ann Timoney arrived in Australia on 21 September 1843 all female convicts were first sent to the Cascades Female factory for processing.
She would then have served her 6-month probation period at New Town Farm [Hobart] before being eligible for assignment to private service.

The convict record gives information about the convict’s sentence, transportation and any offences they committed during their sentence.
 
In: New South Wales and Tasmania, Australian Convict Musters, 1806-1849 
Year: 1846
Name: Mary Ann Timmy
Arrival 21 September 1843
Vessel: East London
Province: Tasmania
Title: Ledger Returns S-T
Place of Conviction: Tyrone
Sentence: 7 years [stealing a coat]
Remarks: Married to Wm Knibbs free

Convict Indent:
Convict No.        78378 
Name: Tumney, Mary
Trade: House Maid
Height without shoes: 5ft 1 inch
Age:       18

Complexion: Brown
Head:    Oval
Hair:       Brown
Whiskers: -
Visage: Round
Forehead: Small :
Eyebrows: Brown

Eyes:      Blue
Nose:    Short
Mouth: Small
Chin:      Small
Native Place: Tyrone
Remarks: None

 
Convict Record in the Tasmanian Archives CON40
Police No. 218
Name: Mary A Tumney
Vessell: East London
Arrived: 21 September 1843
Where tried: Tyrone [Northern Ireland]
When tried: 12 January 1843
Sentence: 7 years
Prosecutor Jane Totlow
Transported for larceny.  Gaol report:  Good.  Single.
 

Mary Ann had been charged, with stealing a coat and sentenced to seven years transportation. She had one prior offence: "stealing potatoes".


Offences whilst in Service:

Stated this Offence …3rd Class [Highest Class - eligible for full wage under probation system]

31 January 1844 - at New Town Station – Disobedience of orders - six days of solitary confinement at Cascades Female Factory, Hobart. Decided by PS (Penitentiary Superintendent)
*On the 26th January there was a riotous disturbance at the New Town Station. 9 women from the 'East London' were identified as 'ringleaders' but one of the female officers stated, "women at the station were very rioutous, they disobeyed the orders which were given to them, the majority of the women were in a state of mutiny".
TAHO, AC480/1/1
It is likely that this punishment is due Mary Ann's presence at this riot. 

19 April 1844 - AT / 2nd Class [Eligible for 2/3 of wage]


20 May 1844 - Current Master - Johnson /  Drunk - 10 days solitary confinement - Cascades Female Factory, Hobart] Decided by JP


21 October 1844 – Current Master - Parkes / Absent all night without leave - 14 days solitary confinement -Cascades Female Factory, Hobart. Decided by JP

 

 8 May 1845 Current Location - Launceston [signed Superintendent Launceston]
1 Sept 1845 – Permission to Marry
 
11 January 1849 – Current Master - Ashburner / Neglect of work and absent without leave - reprimanded and discharged.  [At this time, she was married to William Nibbs and 7 months pregnant with her 3rd child.]
 
12 Jan 1950 -   Free by Servitude
Received Free Certificate 29 January 1850 

Most of Mary Anne’s indiscretions were committed in the first twelve months of her sentence so she did not receive any further time.
 
Johnson, Parkes and Ashburner mentioned in the offences list, were the masters Mary Ann was assigned to as a domestic servant.
A note at the bottom of the conduct record, ‘8 May 1845 Superintendent Launceston’ may be a clue as to when Mary was assigned to Ashburner. She was in private service at Westbury when her permission to marry was lodged.
 
William Page Ashburner was a wealthy settler/investor, Magistrate and Member of the Legislative Council who owned property in Tasmania and England. In the 1848 census there were 9 free and 9 bond persons, including 2 domestic servants, living at his property "Sillwood" at Carrick in the District of Westbury. I have been told that remains of an original farm building, built on a grant that was 4,560 acres (1,845 ha) in 1835 can still be found on the property.
 
To date, I have not found any information on Johnson or Parkes.


Permision to Marry:
Ref: AOT, CON 52/2 p. 99

1 September 1845
Tasmania, Australia
A request to marry William Knibbs, a former convict but then described as "free" was sent to the Colonial Secretary on 1 September 1845.

“William Knibbs, free, and Mary Ann Tumeny, East London, in private service, both parties residing at Westbury.”

Approval was granted.


Marriage Record:  
Name:  Mary Ann Timonoy
Spouse Name: William Nibbs
Marriage Date: 22 Sept 1845 in Church of England, Westbury, Tas.
Marriage Place:  Tasmania
Registration Place: Launceston
Registration Year: 1845

Registration Number: 2055


Clergy: Rev. John Bishton of Westbury

Rev. John Bishton, M.A.
Rev. Bishton was an early pioneer of Westbury, a visionary and a philanthopist. In 1840, he was appointed as the first Rector of St. Andrew’s Church of England, Westbury.
In 1840, he purchased 8 acres of land and then, in 1841 another 7 acres at Westbury which he subdivided into smaller lots and resold to Ticket of Leave men for a modest price to give them a fresh start in the Colony.  Two of the streets in this area, which he named St Giles, (locally known as “Hell’s Kitchen”), were called William and Mary Street. In 1843, he purchased 500 acres of farmland near Port Sorrell ‘Pardoe’ to the west of Mr Wright’s estate. William was his farm overseer in 1848 when bushrangers made an appearance at the property. Rev. Bishton also leased large areas of land in 1850, near the Torquay Reserve and in the vicinity of the La Trobe Reserve.  He came to live on his estate near Pardoe in 1854. William Nibbs was his overseer and assisted with all the properties. Rev. Bishton died at Evandale in Feb 1857 whilst trying to break up a fight by drunken men in a paddock near the church. He is buried at the St. Andrew’s Church of England Cemetery in Evandale. His son John Bishton and his daughter Laura Bishton also took up land in the Devonport area.

 
Westbury and Port Sorrell
Westbury was surveyed and marked in 1823 and the town was laid out in 1828. It was settled by a detachment of troops. It was planned as a convict settlement and a town that was to receive veterans from the Napoleonic Wars. Convicts were to prepare roads and open the land to the West. Settlers were to be helped to develop land and the VDL Co., was to be assisted to use its vast holdings more fully.
In 1836 there were 14 Constables, 175 Free men, 52 free women, 307 male convicts and 10 female convicts here. 

William Nibbs received his free pardon (no. 159) on 5th April 1836.
The current RSL building in Westbury was originally the prison and solitary cells, where William would have spent some time. The solitary cells are now used as wine cellars.
 
In 1837 the minutes of the Launceston Methodist Church records that ‘preaching commence at Westbury and Rev. J A Manton be requested to visit as soon as possible’. 
The first 12 church members included William Nibbs, who became a Methodist Lay Preacher.

In November1842, six years after receiving his freedom, William purchased an acre of land in Dexter Street, Westbury for 17 pounds 10 shillings, from Thomas Wright. William and Mary may have lived here after she was discharged from Ashburner in 1849. Mary had to stay in the Westbury area until she was free too, so she may have been assigned to her husband William Nibbs.

Their sixth child, Susannah was registered at Wesley Vale, so sometime between 1850 and 1854, Mary joined William at Pardoe and lived there until her death, following childbirth, in 1867.


 

Children of Mary Ann Timoney and William Nibbs:

 Mary Ann Nibbs - 21 June 1846 (Westbury, Tas.) -2 March 1925 (Lilydale, Tas.)

 Elizabeth Nibbs - 23 Nov 1847(Westbury, Tas.) - 24 Jan 1883 (Pardoe, Pt Sorrell, Tas.)

 John Nibbs 23 March 1849 (Westbury, Tas.) – 9 Sept 1894 (Duck River, Tas.)

 Sarah Nibbs - 15 Sept 1850 (Westbury, Tas.) – 7 June 1932 (Hobart, Tas.)

 William Nibbs - 22 July 1852 (Westbury,Tas.) -14 January 1918 (Launceston, Tas.)

 Susannah Nibbs - 28 Dec 1854 (Wesley Vale, Tas.) - 4 Oct 1938 (Devonport, Tas.)

 Francis Nibbs - 5 July 1856 (Port Sorrell, Tas.) – 28 Jan 1916 (Latrobe, Tas.)

 Job Linton - 13 Oct 1857 (Port Sorrell, Tas.) – 29 Nov 1941 (Devonport, Tas.)

Thomas Henry - 16 Aug 1859 (Port Sorrell, Tas.) -31 August 1947 (Enfield, NSW)

James - 5 March 1861 (Port Sorrell, Tas.) – 11 Oct 1899 (Kindred, Tas.)

Catherine Laura -18 July 1863 (Port Sorrell, Tas.) – 30 March 1891 (Evandale, Tas.)

 Alice Nibbs 22 Feb 1867 - (Port Sorrell, Tas.) – 25 June 1867 (Port Sorrell, Tas.)

 
Death:

IN: The Cornwall Chronicle (Launceston, Tas.) Saturday 23 March 1867. P 4
Family Notices
On the 22nd of Feb., at Pardoe, by Torquay, Mary Ann, the beloved wife of William Nibbs, aged 39 years, leaving a sorrowing husband and 12 children to mourn her loss.

Burial:
Mary Ann Nibbs (nee Timoney) was buried on the property at Moorlands (Pardoe) in an unmarked grave.

Death Record:
Name:  Mary Ann Nibbs
Birth Year:   Abt. 1828
Age:            39
Death Date:   22 February 1867
Death Place:  Tasmania
Registration Year:   1867
Registration Place:   Port Sorell, Tasmania
Registration Number:   384
 
 

Mary Ann Timony was born in County Tyrone, Ireland about 1825.

On 12 Jan 1843, she stood trial for stealing a coat in Tyrone.

After being sentenced she was moved to the Grangegorman Depot, a women’s prison on the outskirts of Dublin. She was transported to Van Diemen’s land on the Ship ‘East London which sailed on 1 May 1843 and arrived in Tasmania on 21 September 1843.

Mary Anne’s Tasmanian convict records have various spellings of her surname [Timoney- Timony – Timonoy - Timmonoy – Timmary -Timmy – Timmey - Tumney]. She could not read or write and her Irish accent was probably a reason for the discrepancies.

 IRELAND1843:

 Family:
At the time of her sentence her criminal record lists relations in Ireland as:
Mother: Catherine

5 Brothers: Patrick, John, James, Edward and Francis [She subsequently named some of her sons after her brothers]
1 Sister: not named on indent
All live in native place [Tyrone]
No father’s name is mentioned.  
 
We have much to learn about Mary Ann but the uncertainty of her surname, the lack of her native Parish in Tyrone, the loss of and access to many Irish records, hinders the search. However, in uncovering articles relating to conditions in Ireland, the voyage to Tasmania and conditions in Tasmania at the time of her arrival, the scene can be set.

Social Background
At the time of her offence during the early – mid 1800’s, Ireland was amid one it’s many famines. As a result, many stole food or money to stay alive and many women became prostitutes.
To have shelter and food, some deliberately committed crimes which were punishable by gaol terms or transportation.

Imprisonment:

Prison Registers - National Archives of Ireland
The registers of local prisons, convict depots and convict prisons contain details of convicts, varying in level of detail, and can be consulted by referring to the Department of Justice, Prison Registers Series. For instance, the register of female convicts for Grangegorman female convict depot covering the period 11 July 1840 to 22 December 1853 (Prisons 1/9/7), contains 3,500 entries. (Grangegorman depot had opened in 1836 as the first exclusively female prison in the British Isles. It housed females with imprisonment sentences as well as those sentenced to transportation. The prison's main function with respect to convicts was to provide employment training for them so that they might satisfy the ever-increasing demands of the Australian authorities that they be fit to earn their living on arrival.) The register, an excellent source for statistical analysis, contains details of name, age, crime, sentence, location of conviction, marital status, literacy level, trade or occupation and number of previous convictions.

Transportation:

Convict Indent:  
Vessel: East London AOT. CON 15/2 pp 206-207
Master: James Parley
Surgeon: Edward Caldwell
Police No. 218;
Name - Mary A Tumney;
Height 5'1"
Age 18;
Trade or calling - Housemaid;
Where Tried - Tyrone
When tried - 12 January 1843
Sentence - 7 years;
Married or Single - Single;
Religion - Roman Catholic
Read or write – No
Relations - Mother - Catherine at Tyrone; 5 brothers Patrick, John, James, Edward, Francis; 1 sister - all at native place.
On the Town - 2 years
Offences - Stealing a coat;
Prosecutor Jane Totlow
Previous offences - Once, for (stealing) potatoes - 1 month


The Voyage of the East London
by Colleen Arralapu (Female Convicts Research Centre, Hobart)
Wednesday May 10th, 1843.
The ship sailed from Kingstown Harbour at 6 a.m. The weather was cloudy and hazy.
Pride in their ship, duty to their service, spirit of adventure, expectations of a new life, despair and heartbreak, all must have been there as that handsome little barque weighed anchor and left Kingstown Harbour to sail out into the Irish Sea and through the St George’s Channel. Sight of the Irish and English Coasts during the first few days provided a lingering farewell for those on board. What was in the hearts and minds of the women and children, especially those from the inland counties of Ireland and what fear faced the ones who had never seen the sea before? The noise and shaking of a ship pitching and rolling with huge waves breaking and wind buffeting, combined with the isolation far out at sea, must have made the first few days terrifying.

On board the East London were 133 women prisoners from the Penitentiary at Grange Gorman in Dublin, many of whom were transferred there weeks or months earlier from county jails while some arrived just a few days before embarkation. Also on board were 50 children, 21 of whom were less than of two years of age. All were under the control of the Surgeon Superintendent, Edward Caldwell, and the ship was mastered by James Parley.

 At the beginning of the voyage, the weather was stormy and winds buffeted the ship and caused much sea sickness. On the first day Edward Caldwell treated fifteen patients and again, three days later, when the ship was off St David’s Head, he said the women and children were suffering from sea sickness. The distress of this nauseating illness, where food could not be kept down, was debilitating and would have kept the sick women prostrate and insensible to much of what was happening. But if such illness anaesthetized hysteria, it added to the loss of hope, the loss of health, and to despair. The weather with the heavy sea remained unsettled, with high winds and heavy rain, until the ship reached Madeira. Because of sea sickness and loss of appetite Edward Caldwell gave the women a supply of boiled oatmeal instead of tea or cocoa. It was only four days after sailing and as a response to the illness and the refusal of food offered to them. He said that all the women manifested a dislike to the tea and cocoa but perhaps severe sea sickness rather than deliberate revolt was the cause of their distaste.

Many ships transported convicts from Ireland to Van Diemen’s Land and some carried female convicts. They too had prisoners from rural areas and small children, although, perhaps not so many very young children. Yet the voyage of the East London was different and the most significant difference was the number of women and children who died during the journey from Dublin to Hobart Town. Nineteen women died at sea and one woman about ten days after arrival in Hobart. Another woman, sent to the hospital, was listed as dead on the 1846 muster without any record of when she died. Twelve children died on the voyage and ten, probably eleven, young children, died in the weeks after reaching Hobart. Fourteen women were sent to hospital on arrival as well as seventeen of the children, some with their mothers. These are startling figures compared to other ships which carried women from Dublin about the same time. The Waverley, which arrived in December 1842, had no recorded deaths and the Garland Grove, January 1843, recorded eight deaths. In fact, in the decade between 1841 and 1850, the total number of female convicts dying on the way to Australia was 102 so nineteen deaths on the East London set that journey apart as a tragic voyage.

There was an Inquiry into the terrible voyage

In: THE COURIER HOBART 22 September 1843
The East London, convict ship, sailed from Dublin on the 10th May, having 116 [actual 133] female prisoners on board, with l8 male and 23 female children, under the care of Edward Caldwell, Esq., Surgeon Superintendent. Although from the report there does not appear to have been any infectious disease on board, there has, nevertheless, been an unusual number of deaths, nineteen adult women and twelve children having died on the passage. There are six cases of scurvy and diarrhoea in the hospital, and eight cases of diarrhoea and debility in their own berths.

It was such a shocking occurrence that the Principal Medical Officer, John M. Clark M.D., who received the sick from the East London after its arrival in September, wrote to the Colonial Secretary to ask His Excellency, the Governor, for authority to set up a Medical Board to inquire into and report on the causes of the unprecedented mortality. John Clark saw the state of health of those on board and arranged for the sick women and the sick and weak children to be taken to the hospital.   He was moved to write his letter to the Colonial Secretary the next day.

The board was set up within two weeks and consisted of Andrew Sinclair, Esq, Surgeon R.N., President of the Board, William Sercombe Esq, the Colonial Assistant Surgeon and Brook T. Townsend Esq, Staff Assistant Surgeon. The Board assembled for three days in the first week of October to examine the necessary documents and hear such testimony as was deemed relevant. The Colonial Assistant Surgeon, W. Dermer Esq. M.D. who was in charge of the Nursery Hobart Town, was one of the people whose opinion was sought. He mentioned his six years of experience in that position and what he saw of the sickly state of children under the age of five who accompanied their mothers to the colony. His account was of the children admitted to his care in the nursery and he said that, generally, half of them died. He attributed it to the mothers having salt provisions during the long voyage and the resultant lack of nutrition in their milk as well as the women becoming ‘reckless in their minds’ which caused them to be careless in everything connected with their children.

The Board returned their report to the Deputy Inspector General of Hospitals, John Clark M.D. Its findings put the mortality on board the East London to being 133 days at sea on salt provisions and that, as the first deaths occurred after 66 days, it was scurvy which was the common cause. The want of nourishment was worsened by the women obstinately refusing pea soup, cocoa, tea, pudding and lime juice, particularly during the early part of the voyage. The women were blamed for contributing to the cause of the deaths by depositing faeces and urine on their decks at night in spite of every attempt made to prevent it, and to stop them from spilling water over the decks when they were locked up. The berths and decks were always wet. The report stated that deaths during the last part of the voyage had become less as the prisoners reconciled to the diet. The high number of deaths was also given as a reason for not putting in at the Cape of Good Hope.

 ‘It has been seen that 19 female adults perished among 133. I find that no less than 12 of them were mothers and four lost their children. Eight left 16 orphans, of them 5 were infants under 2 years, admitted into the nursery at Hobart Town. One has since died and there is every appearance that other deaths will follow’.

When Dr Clark forwarded the report of The Proceedings of the Medical Board to the Colonial Secretary, he remarked that scurvy was an unusual disease on female convict ships which he attributed to greater cleanliness, more liberty of exercise and less anxiety about their future than those on male ships. He stated that a diet of salt pork and ship biscuit were the chief cause of scurvy. He pointed out that other ships sailed from Ireland after equally tedious voyages without suffering from scurvy and without the prisoners refusing tea, cocoa, pea soup and lime. He also believed that, because many of the women came from rural areas, they had no knowledge of the foods and rejected them when offered. He suggested oatmeal with a little salt butter, potatoes and perhaps a bit of boiled rice would better suit prisoners. He thought an English diet did not suit females who had not been exposed to it.

He commented on the filthy habits of the prisoners and, although he said it was difficult to preserve cleanliness on board an Irish convict ship, felt that a strict and stern discipline should have been established on the first instance of such a violation of decency. If it had, such practises as dirtying the decks would not have prevailed throughout the voyage. However, the bad weather and sea sickness which caused so many women to be ill would have made it difficult to keep the prison decks clean. The water closets were very few in number, as low as two on some ships. With many infants to care for, the women had little choice but to use the decks and, if discipline lapsed and no extra means were provided for the care of the sick and the babies, then hygiene would have failed.

Contrary to the report of the Board of Enquiry, Dr Clark found that there were three deaths in July, eight in August and eight in September; the last four in the final week of the voyage. In his comments he wrote, ‘If the women really took more nourishment in the last part of the voyage it was then that the mortality occurred’. He said the ship ought to have put in at the Cape of Good Hope. It was an error which had fatal consequences. The reasons given for not putting into port varied, from the prisoners’ state of health as they came within sight of the Cape and the deaths of three women and three children, to the time taken in turning back into the port. It was felt advisable not to put in for refreshments and what Edward Calwell himself wrote in his General Remarks: - ‘I thought it advisable to proceed on our destination without delay as several days would be lost in bearing into the Cape as the Wind is N.W. Made all sail for Hobart Town’.
It seemed as if expediency was the reason for not putting into the Cape rather than the wellbeing of the people on board the ship. Edward Caldwell and James Parley must have agreed upon that decision.

John Clark’s final recommendation was to do with the terrible mortality amongst the children. He said that scanty and unhealthy food, foul air, cold, wet and maternal neglect was the source of diseases against which infant life could not struggle.

‘Of the 12 deaths among the children all were under 2 years. These are melancholy but most important medical statistics. They all died of Atrophy with its attendant bowel complaints. Scanty and unhealthy food, foul air, cold, wet and maternal neglect are sources of disease which infant life cannot long struggle against. That a mother, could have maintained an infant on the breast and brought it alive to this Colony, whose own nourishment, derived solely from a small portion of salt pork and ship biscuit daily appears indeed extraordinary. I am sure His Excellency will agree with me that infants of this tender age ought not be victims of transportation to this Colony and that it is imperative the Government at Home should learn the fact, I presume not yet known, that if this system be preserved, it will be one of infanticide at the ratio of at least 75 per cent’.

A letter, dated three weeks later, from Dr Dermer, Colonial Assistant Surgeon at the Nursery, Dynnyrne House, said seventeen children were landed from the East London and received into the nursery in a very sickly state and that five had since died. He expected other deaths would follow.

The surgeon, Edward Caldwell, wrote extensive notes about the illness and deaths of the women. The notes gave the symptoms and the treatment each received and showed that some of the prisoners were not in a fit state of health to undertake the voyage. When Edward Caldwell inspected the women at Grange Gorman in Dublin he was told that some were feigning illness and he passed them as able to be embarked. He also conferred with the doctors on the benefits of a sea voyage for the health of some of the women.
 
          You can access the Transcript of Surgeons Journal here.

Yet, on the voyage there was a love story between a young woman convict and a mariner that resulted in marriage. Rules and regulations must have been swept aside and, perhaps, not just in one instance. Edward Caldwell had shrugged his shoulders and allowed the women to refuse lemon juice and probably other foods and there was loss of control of the cleanliness on the prison deck and at least one liaison between a woman and a mariner. The women were perhaps choosing their own rules and, without a strong hand to enforce discipline, the outcome was a disaster for so many. The prison deck was filthy, often wet, with soiled bedding, and very sick women who were lethargic and irritable. Those who had the opportunity to spend time elsewhere would certainly have taken the chance to have some comforts.

The women on the East London had many stories to tell about their lives and the events which brought them together on board a convict ship bound for Van Diemen’s Land.

AUSTRALIA:
 
Tasmanian Female Convict Probation:
The Probation System was introduced in Van Diemen's Land for female convicts in 1843–1844.
Convicts spent 6 months on probation upon arrival in the colony—for female convicts this was
in the Anson Probation Station, and, after its disbandment, 
New Town Farm.
After serving their 6 months’ probation, convicts were classified as probation passholders and hired out, for an annual wage, to employers


REGULATIONS for hiring Probation Pass holders in Van Diemen's Land.
Convict Department, 1st July 1844.

1. Pass-holders are divided into three Classes.
In respect to Pass-holders of the 1st Class, the consent of the Lieutenant-Governor must be obtained by the master previously to the completion of any engagement or contract with such Pass-holder. In the case of Pass-holders of the 2nd and 3rd Classes, there will be no interference previously to the contract being entered into, except that such persons as have not already had Convicts in their employment must obtain permission from this office to that effect.

2. All contracts must be according to the accompanying form, and must be written or printed on foolscap paper. Blank forms, if required, may be obtained at the Depots, Gangs, and Factories, on payment of sixpence for each form.

3. Every engagement will be for a fixed term of not less than a month, but may be terminated before the expiration of that period by ten days previous notice in writing of an intention so to do, given either by the master to the Comptroller-General, or by the Comptroller-General on behalf of the Pass-holder to the master; which notice must specify the Depot, Barrack, or Factory to which such Pass-holder will, in accordance with the 6th Section of these regulations, be sent. It may be here observed, that the contract being made with the Comptroller-General, the Pass-holder has no power to break the engagement thus entered into by giving or receiving notice personally. The master may, if he prefers it, pay a sum equal to ten days' wages to the Registrar of the Convict Department, in lieu of giving such notice. An engagement will also be annulled by any higher indulgence than a Probation Pass being granted to the convict for whose services it may have been made. A summary power, moreover, rests with the Lieutenant-Governor to cancel any such contract or engagement at His Excellency's pleasure. Should a Pass-holder agree to remain in any service after the expiration of the term specified in the con-tract, a fresh contract must previously to that period be transmitted to this office for approval.

4. No engagement to be annulled, as a matter of course, by any misconduct on the part of the Pass-holder; but in all cases where the master is desirous of cancelling the engagement, on account of misconduct, the circumstances must be reported to the Comptroller-General, who will lay the case before the Lieutenant-Governor, and communicate His Excellency's decision to the master.

5. No engagement is to be voidable, at the pleasure of the employer, on account of the inability of the Pass-holder for whose service it is entered into to perform any particular description of work, of which such Pass-holder may have at the time of hiring professed to be capable: such cases must be reported, if the master be desirous of cancelling the contract, in the manner directed as to misconduct. Pass-holders will, however, be liable to be punished by a Magistrate for misconduct in so misrepresenting their capacities.

6. Whenever such engagements are terminated, in the manner specified in the three preceding Sections, the male Pass-holders, if Probationers, are immediately to be sent by the masters under a pass to the nearest hiring Probation Depot, as the case maybe, —if old Convicts, to the Prisoners' Barracks at Oatlands, Hobart Town, or Launceston, which-ever may be most convenient to their residences. Female Pass-holders are to be returned, under proper charge, to the Factory at Hobart Town or Launceston, whichever may be nearest.

7. Passholders of the 3rd, or highest, Class will receive from their masters the whole amount of their wages; those of the 2nd Class two-thirds of that amount; and those of the 1st, or lowest, Class one-half the amount.

8. The proportion of wages thus kept back from Pass-holders of the 1st and 2nd Classes must be paid quarterly by their employers to the Registrar of the Convict Department, to be paid by him into the Savings' Bank at the Derwent Bank, Hobart Town, on account of such Pass-holders respectively. If the service be terminated before the end of a quarter, then whatever amount of such proportion may be due must be paid at the time of the Pass-holder's discharge.

9. The wages payable to Pass holders themselves may be paid either weekly, monthly, or quarterly, as agreed on; and the whole amount due must be paid to them at the time of their being discharged, or to the Registrar when the engagement is terminated whilst the Pass-holder is under magisterial sentence. In the event of this not being done, or of the regulated portion of wages as before mentioned not being paid to the Registrar, the employers will render themselves liable to be proceeded against legally for the same.
No wages will, however, be demandable for any portion of the term of hiring during which the Pass-holder may have been under punishment.

10. Masters paying Pass-holders of the 1st and 2nd Classes the proportion of wages required by Section 8 to be paid to the Registrar will, not-withstanding such payment to the Pass-holders themselves, be called upon to fulfil the regulations, by paying to the Registrar whatever proportion of wages should, according to their classes, be placed in the Savings' Bank, notwithstanding the amount so overpaid to them. But when a Passholder shall be indebted to any master for money so overpaid, or for articles supplied by him at the Pass-holder's request, such master may pay himself, by deducting the amount from the proportion of wages which, in accordance with the regulations, may be payable to the Pass-holder.

11. It is to be understood that the sums so paid to the Registrar will be liable to deduction for any claims substantiated by the masters to the satisfaction of the Comptroller-General at the period of the Pass-holders respectively becoming entitled to their savings.

12. Masters will in every case be required to provide suitable lodging and bedding tor their servants, without making any deduction from their wages on that account. They will also be required to supply their servants with a sufficient quantity of wholesome provisions and soap, according to the following scale of daily Rations:
1 lb. Meat.                                         |         1 oz. Sugar.
1 1/2 lbs. Bread, or                          |         1 oz. Roasted Wheat.
1 lb. Bread and 2 lbs.                      |         1/2 oz. Soap.
Vegetables.                                      |         1/s oz. Salt.
Pass-holders having received wages will be liable to be tried for misconduct should they neglect to provide themselves with proper clothing.

13. Medicine and Medical attendance when requisite must also be provided by the master: but when proper attention has been paid by the master to any Pass-holder who may fall sick in his service, the Comptroller-General will, in cases of protracted illness, recommend that such servant may be received into hospital, and the agreement cancelled.

14. Pass-holders are to be sent by their masters to the District Master of Pass-holders on the first Sunday of each month, unless exempted by the Comptroller-General.

15. Whenever there is a place of Worship within two miles of the usual place of work or residence of Pass-holders, they must attend Divine Service at least once every Sunday.
1
6. Masters are required to send a written notice to the Comptroller-General of the date of arrival of Pass-holders at their residences to enter upon service, and also the date of departure from their services, immediately on either of such occurrences taking place; and a similar notice to the Police Magistrate of their several Districts.

17. Pass-holders in private service are amenable to Convict Law only.

18. It is to be expressly understood, that the Comptroller-General is not to be considered responsible for any loss or damage occasioned by acts either of omission or commission on the part of the Pass-holders; the remedy of their employers for the same being confined to the mode prescribed in Section 11.

19. Until an engagement expires, or is terminated in one of the modes hereinbefore specified, the employer will be liable for wages according to the terms of the contract, notwithstanding he may have dismissed the Pass-holder from his service contrary to regulation.

20. No contract will be invalid on account of any mistake which may be made in inserting the name, ship, number, or class of the Pass-holder for whose services it is entered into, or in omitting any of the three latter particulars, as any errors or omissions of this nature may be corrected by the Comptroller-General, or other proper Officer: provided that in case of any alteration in the class, notice in writing of the class to which the Pass-holder actually belongs be sent to the employer.

21. Should a Pass-holder be no longer required by any master in whose service he may at the time be employed, and another master be willing to engage him, on the prescribed contract being previously transmitted to the Comptroller-General by the new master, accompanied by a written memorandum from the first employer expressing his consent to the transfer, the Pass-holder maybe allowed to enter into such service pending His Excellency's approval.

22. In like manner when any engagements are terminated by the prescribed notice, or payment in lieu thereof, the Pass-holders may be hired on their road to the Depot, Barrack, or Factory, as the case may be; provided the prescribed contract be transmitted by the hirer within one week to the Comptroller-General, as directed in the preceding section, for His Excellency's approval.
M. Forster, Comptroller-General