Page 2 Advertisements Column 2

New Zealander, Volume 8, Issue 609, 14 February 1852, Page 2

oars or poles in bailing matches, fouling, or not giving way in proper plaoo to \ cssels on opposite tacks, &c, &c. Clause jSTo. 8 declines " that any deviation from these rules will subject the aggressor to forfeit all claim to the prize." It does not follow that the penalties to which we subject ourselves in this world shall alwaysbe rigidly enforced without reference to, extenuating circumstances ; if it were so, few of us would escape whipping, and as I do not think that the " aggression" of can-) ing a Hag of a wrong colour accidentally, without any purpose of deception, is equal in enormity to the aggression of wilfully running foul of another boat, throwing out or taking in ballast during a race, or not giving way in proper place, I hold it not to be a just application of the law to visit them all with the same severe punishment. If, however, a boat is only to be distinguished by the flag, and if three boats distinguished by correct colours are essential to make a race, no race can be said to have taken place in this instance as only two boats so distinguished came to the post. Either then my boat was in the race or she was not : if being at the post bearing a flag differing from that under which bhe was entered, she was accepted without objection by Umpire, Committee, and the crews of the competing gigs, with a view to make up the necessary number for a race, she cannot, I think, be fairly disqualified upon an objection which existed before the start, and which bhould have been noted by the proper parlies at the time. If on the other hand the rule shall be interpreted strictly that three boats entered under certain colours and bearing these colours are required to make a race, then no race can have been run, and the prize should not have been given to any one. I therefore protest, as owner of the winning boat, against what I believe to be a partial and severe decision, and as a member of the Yacht Club, and a contributor to the funds of the Regatta, I protest against such an appropriation of the money as has been made in this instance. I am, Sir, Your obedient Servant, D. Pollen. Kawau, February 10th, 1852.