wT- ^S
FAREWELL ADDRESS
W. CAMPBELL, M.L.C.,
THE ELECTORS OF THE NORTH-WEST PROVINCE,
I{b Sjictcljci in % ^tslatfoe Cnui|dl
INIQUITY OF THE "LAND TAX ACT."
Melbourne, Wh Jpril, 1882.
\\\.\.YM\ \
SANDS & McDOUGALL, PRINTERS, COLLINS STREET WEST.
1882.
i^S^l '
M
mi
THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
FAREWELL ADDRESS
W. CAMPBELL, M.L.C.,
THE ELECTORS OF THE NORTH-WEST PROVINCE,
%* ^$tt$p m t\t %t$hh\w m\{til
INIQUITY OF THE "LAND TAX ACT."
Melbourne, 14th April, 1882.
Mklboubne :
SANDS & McDOUGALL, PRINTERS, COLLINS STREET WEST.
1882.
TO THE ELECTORS OF THE NORTH-WEST PROVINCE.
Dear Friends, and Gentlemen,
On the eve of my departure from Victoria to visit my native
home, after holding a seat in the Legislative Council for the last
twenty years, I cannot refrain from expressing my gratitude for the
honor you did me in twice electing me to that most honorable and
most responsible office. I presume to say that I discharged my duties
to the best of my humble ability, under an independent, fearless,
patriotic feeling, and that I know no vote of mine that I would wish
to rescind. I am aware that I am considered an ultra-Conservative,
but my conservatism aimed only at the preservation of what was good
in our laws and in our Constitution, and in the prevention of what
was bad being enacted. I can conceive the consistency of a Radical,
but not that of a lukewarm weathercock, who trims to every breeze.
Although I have not taken a leading part in the Council, I natter
myself to have done some good work, such as the alteration of
the Kerang railway from the way of Elmore to that of Eaglehawk,
by which the State will save about 100,000, and travellers a distance
of about eighteen miles.
I may add that I also had the honor, in 1851, of being one of the first
of the twenty representative members of the first Legislative Council
for the pastoral district now included in your Province, and I am the
only member of that early body that now holds a seat in the Legislative
Council. Political life entails sacrifice of time, and, except to place-
hunters and recipients of members' pay, is unprofitable ; but the honor
of having a voice in the making of the laws is of more value to a true
patriot than any other consideration. I therefore trust that the young
men who have a permanent stake in this new land will look upon it in
that light, and that they will not allow adventurers and professional
politicians to monopolize the government of the State.
A most grievous law passed in 1877 I mean the "Land Tax Act"
which I feel justified in referring to at some length ; and, in elucida-
tion, I annex speeches made by me on that question in the Legis-
lative Council, as reported in Hansard.
The effect of the land tax has been to depreciate the value of laud,
without even excepting the lands exempted from the tax, while, from
the cheapness of money, land should otherwise have been relative! v
much enhanced in value ; in fact, the imposition of such an iniquitous
4
tax has scared capitalists, great and small, from purchasing or from
lending, under a feeling that a Parliament that has been guilty of the
crime of confiscating a large proportion of the value of land may
impose an equally unjust tax on mortgagees.
It therefore becomes a most important question as to how to cure
the evil effect of such a law, which is certainly a sore disgrace to the
Parliament of Victoria. Probably the most practicable course would
be to amend the " Land Tax Act" so as to embrace all real property,
great or small ; a very small percentage, taken from the valuation
made by the shires and municipalities, would be sufficient. The small
owner of a few acres would only have a few pence to pay, and would
not feel the tax, but he would participate in an improved state of the
country. If there is a necessity of relieving the small owner of land
from any pressure of taxation, why not take it off his tea and sugar
and clothing ? This would not only be a gain to him, but it would
remove the stain of an iniquitous^ tax, which is a disgrace to our
legislation. The Imperial Parliament recently passed an Irish Land
Act under which owners have their rents fixed by commissioners, who
may fix it fairly or may not ; and Lord Cairns calls it confiscation.
But, bad as it is, it is harmless compared with our land tax. It is
general, whereas our tax exempts ninety-eight per cent, of the
landholders.
It may be asked, Why did such an act become law ? It has been
said that the public feeling was in favour of such a tax, but such is not
true. No doubt, a land tax was mooted at the general election, but
not an unjust, unequal, class tax. In fact, Mr. Cuthbert, who repre-
sented the Government in the Council, stated in his speech, on moving
the " Eeply to the Address " on the 26th June, 1877" I don't know
that the country has approved of any particular land tax." This
statement (see Hansard), comes from one who represented two
successive Administrations in direct opposition to each other, and who
should be considered a good exponent of the voice of the people. It
may, however, be affirmed that a desire to accommodate the Opposition
in attempting to defeat the Berry Ministry had an injurious influence
on several members of the Council, who wished for a change. Two
important questions were then on the tapis, viz., Payment of Members
and the Land Tax. The Opposition tactics were to reject the former,
and allow the latter to pass; but both passed. The former is certainly
impolitic, but it does not disgrace our statutes, as the latter does.
This colony possesses rich lands and mines, temperate climate, and the
most central position of any of the Australian colonies, and it only
requires just laws to induce other colonists to make it their home ; but
if the holding of a few extra acres renders the owner liable to a penal
class tax, it is likely to induce an emigration instead. I am not now
liable to pay the land tax, nor am I unfavourable to a wide distribu-
tion of the lands in many hands ; but cannot see why one who
purchased land from the State at the price of the day should be taxed,
while smaller owners are exempted.
Let us see what Dr. Adam Smith says on taxation. His first maxim
is that " The subjects of every State ought to contribute towards the
support of the government as nearly as possible in proportion to their
respective abilities ; that is, in proportion to the revenue which they
respectively enjoy under the protection of the State."
J. Stuart Mill, who is a Liberal, follows Smith in these principles of
justice, which are, I trust, inherent in the hearts of the mass of the
people, but some of whom are frequently misled by designing, envious,
impecunious, wicked demagogues.
In 1881 an " Amending Land Tax Bill" was discussed by the Council,
and rejected without a division. The following extracts are made
from the speeches of members who voted for the Bill in 1877, most of
whom bitterly regret the crime they committed then. Let us see
what they have to say in palliation of their votes.
Mr. Balfour : " I conceived that it was only right that the Council
should bow to the popular will, and that we should show ourselves
prepared to submit to a tax on land, with the hope that the next time
the same question arose the law should be amended so that its
inequalities and unfairnesses should disappear, and its incidence
become at least more equitable."
Mr. Robertson: " I voted for that Bill, not because I believed it was
based on an equitable principle, but because we were assured that its
enactment would bring political peace and rest, which the country
wanted. That was my object in voting for the measure, and at the
present time I scarcely know whether to compliment myself for the
I gave on that occasion. There is no doubt that the 'Land Tax
Act' has had the effect of reducing the value of all country lands at
least fifty per cent." Mr. Robertson gives the following quotation
from J. S. Mill, on an exclusive tax on realised property : " Should
the scheme ever enlist a large party in its support, the fact would
indicate a laxity of pecuniary integrity in national affairs scarcely inferior
to American repudiation."
Mr. "Wallace : " But, though I voted for the existing Act, I do not
believe in the land tax. I do not believe in any class tax. I have seen
the injury which the land tax has done, and I intend to vote against
the present Bill."
Mr. Belcher : " I desire to say that I voted for the present 'Land
Tax AcV under the belief, as I stated at the time, that it would be the
thin edge of the wedge for an all-round land tax. Since then I have
found that I was wofully mistaken ; and I am not ashamed to acknow-
ledge that I very much regret the vote which I gave on that occasion."
Mr. Sumner follows : "I am very much in the same position as the
honorable gentleman who has just addressed the House. I believed
in direct taxation, and was under the impression that the tax would be
so extended as to be equitably distributed on all kinds of property."
It is most remarkable that a debate that extended over four nights
should not have anyone to support the Bill, except the member repre-
senting the Government.
On the motion of Sir Charles Sladen, the following reasons were
appended on the rejection of the Bill :
1. Because, under tlw pwtanoe of miring revamp "" to i* in Halation of tho
first four of the maxims, or principles, laid down by Adam Smith, and universally
accepted by political economists, namely : " The subjects of every State ought to
contribute to the support of the Government as nearly as possible in proportion to
their respective abilities ; that is, in proportion to the revenue which they respec-
tively enjoy under the protection of the State. In the observation or neglect of this
maxim consists what is called the equality or inequality of taxation."
2. Because the tax is really not imposed for revenue purposes (as publicly
declared by the Chief Secretary and the Attorney-General), and no tax for other
than revenue purposes should be imposed without due notice being first given of
such intention.
3. Because the tax, contrary to all principles of justice, is imposed upon the land
of only 828 out of over 48,<J00 owners of freehold property, whilst the great bulk of
other kinds of realised property is free from taxation.
4. Because, in the words of J. S. Mill, " future buyers would acquire land at
a reduction in price equivalent to the peculiar tax, which tax they would therefore
escape from paying, while the original possessors would remain burthened with it,
even after parting with the property, since they would have sold their land at a loss
of value equivalent to the fee-simple of the tax. Its imposition would thus be
tantamount to the confiscation for public uses of a percentage of their property,
equal to the percentage laid on their income by the tax."
o. Because it tends to lower the morale of the colony generally.
6. Because it has sown the seeds of distrust as to the future, and has destroyed
that confidence in the abiding security of property wbich, especially in a new
country, ought rather to have been encouraged, and the effect has been to put a stop
to improvements, and throw thousands out of employment ; and, moreover, it has
rendered country lands unmarketable, so that an owner wishing to break up his
property can only do so at a ruinous sacrifice.
7. Because its injustice has deterred, and will continue to deter, capitalists from
investing their money here ; and therefore the tax is opposed to the progress in
wealth and importance of this colony, and everyone in it.
These seem to me to be sufficient reasons why we should set our faces against not
only this Bill, but the Act of which it is supposed to be an amendment. Under all
the circumstances, if we were to pass legislation of this kind, could we consider that
we were acting wisely or justly ? As an independent House, as a branch of the
Legislature, it is worth the while of honorable members to consider whether any
pressure that may be brought to bear upon them should ever induce them so far to
depart out of the course of upright and honest legislation as to make them guilty of
doing what is not only not wise, but unjust. I say that honorable members should
never allow themselves to be again put into such a position as they were placed in
i 677. I cannot help believing that it was a great misfortune to the country that a
majority of this Chamber committed themselves I don't care for what purpose to
vote for placing on the statute-book an Act, the effect of which has been most
disastrous during the time it has operated, and which must continue to be disastrous
for years to come. I beg to propose, as an amendment on the motion for the second
reacting of the Bill " That this Council, whilst recognising the justice and policy of
imposing a tax upon land if all other realised property is taxed, at the same time
regrets that it is unable to concur in the principles and provisions of this Bill, and
that therefore this Bill be read a second time this day six months."
The amendment was agreed to.
These extracts show the almost unanimous condemnation of the tax,
and suggest that it should be amended so as to embrace all real pro-
perty, and thereby restore confidence.
I trust that this letter may attract your attention, and also the
attention of the mass of the people, to the existence of such a wicked
law, and that this exposure may help to bring about a just and equit-
able amendment of the 'Land Tax Act.''''
The Imperial Parliament gave us a good sound constitution, but
unfortunately gave us also a power to alter it, under which power we
have abolished the qualification of voters to the Assembly, and lowered
that of the voters of the Legislative Council from 100 to 10. I
think these evil changes were unnecessary, as the agitators for reform
were only exciting the people against the owners of property. I felt
it my duty to oppose that downward course. I have also always
opposed payment of members, as it brings many needy men into Par-
liament, who depend chiefly upon it for a livelihood, and who are not,
therefore, so independent as could be wished. But these enactments
are questions of policy, and, however objectionable, are not a disgrace
to our legislation, as the "Land Tax Act" is.
I built here with the view of a permanent residence, but bad legis-
lation has destroyed my confidence ; has militated against my desire
to see my descendants settled here ; in short, it has much estranged me
from this fine colony. I feel doubtful whether to return to this great
South Land, or to spend the remainder of my short days in my native
land ; but, wherever I go, I shall look back with affection to the birth-
place of my children, with gratitude for prosperity, and with fond
remembrances and best wishes to the many kind friends I leave
behind.
Tour very grateful and most obedient Servant,
W. CAMPBELL.
Melbourne,
Hth April, 1S82.
APPENDIX No. 1.
Mr. "W. Campbell's Speech in reply to Address, 26th June, 1877.
The Hon. W. CAMPBELL. No other honorable member on this
side of the House appearing desirous of addressing himself to the
present subject, I will venture to offer a few remarks. As far as I
can gather from the very moderate speech which I very much
concur in of Mr. Cuthbert, the question mainly pressed upon
our consideration is the proposed land tax. Now, judging from
the remarks on the subject made during the general election, we
may fairly conclude that the coming measure will contain exemp-
tions from its operation of not only a highly objectionable but
a wholly unprecedented character. I am not aware that in England,
Prance, or even the United States of America, democratic as that
country is generally considered to be, any portion of the commu-
nity is exempted from taxation, no matter now small the burthen may
be. To my mind the great principle should be that taxation and
8
representation should go hand in hand that under no circumstance
should there be either taxation without representation, or represen-
tation without liability to taxation. This House is generally supposed
to represent property, and many honorable members here are un-
doubtedly the holders of considerable property ; but I believe there is
not a single one of us who would object to any fair and equitable
taxation, so long as it was all round. It is my conviction that any
taxation which will discriminate between property-holders and divide
them into classes will lead to interminable difficulties. There will be
no knowing where the limit would be fixed. Eor instance, one
Government might propose to exempt all holders of property bringing
in under 80 a year, while another would reduce that minimum to 80s.
There would be no end to the changes. I consider that taxation
ought to be made to apply to every class of property, especially land,
because that is most easily taxed. I am sure that a fair and equitable
land tax would meet with no objection whatever in this Chamber.
I would be very glad to see such a thing. Should the necessities of
the State call for such an imposition, I don't think any difficulty would
be placed in its way here. But the tax now in view is of a different
character. Then we are told that the "Land Tax BilV will be in
accordance with the policy approved of by the country. What are we
to gather from that ? We know that a majority of the members of
the Assembly go in for a land tax with large exemptions ; but has
that policy been approved of by the country ? I deny that the country
has expressed any special opinion on the point. The electors had all
sorts of matters put before them to decide upon. There was free
trade,' protection to native industry those were very prominent
points the education question, and many others. Consequently, I
don't think the Government have any right whatever, to single out
this one point of land taxation from the rest, and say that the policy of
the country is specially the imposition of a land tax. I deny that that
is a fact. I cannot discover that the country has expressed any
decisive or definite opinion whatever on the subject. Therefore we are
in the dark as to what the propositions of the Government on this
point will be, except so far as their election and other speeches enable
us to judge what they have in their minds. That what they intend to
propose is also the policy approved by the country does not follow in
the least. However, it will be time enough to deal with the thing
when we have it before us. I observe that the address in reply
contains no allusion to it, probably because the measure in question
will not be one we can in any way alter.
Mr. ANDERSON. The allusion to it in the Governor's speech is
not addressed to the Council at all.
Mr. CAMPBELL. What I wish to say is, that I would not have
alluded to the matter but for the remarks made by Mr. Cuthbert, in
moving the adoption of the address in reply. I may here refer to the
fact that it is often asserted that honorable members in this Chamber
are particularly reluctant to tax themselves. The old remark so often
quoted "Do you think we are going to tax ourselves," was, I remem-
ber well, made by a friend of mine in the old Legislative Council,
9
when a Bill came up for increasing the assessment on stock. The
words were unwittingly let fall in a sense far removed from that now
attributed to them. What, indeed, are the facts of the case ? At
that time I was myself a stockowner, and the representative of one of
the three pastoral electoral districts of the colony ; and, if any one
will take the trouble of looking up the proceedings of our first session*
lie will find that it was on a motion of mine that the assessment of
stock was increased. I moved the amendment upon which the amount
of that assessment was made larger. I set that action namely, the
increase by the stockowners themselves of the taxation they had to
pay against the incautious remark of one individual, who spoke
almost unmeaningly, and certainly without the intention now attributed
to him. What is that observation worth against the actual circum-
stance that, at the time I allude to, the stockowners did tax them-
selves ? I think honorable members around me are also quite willing
to tax themselves. At the same time, we want that taxation to be
equal and just, and not penal ; whereas the land tax shadowed forth in
the Ministerial speeches and in the Ministerial newspapers will be
necessarily penal and unjust. Why should landowners as a class be
singled out for punishment? I hold land in Victoria myself, every
acre of which was put up to auction. The survey authorities of the
colony, at very considerable expense, divided that land into small
allotments of from 20 to 160 acres I don't believe any allotment
exceeded 160 acres and they were put up to auction without so
much as a bid being made for one of them. Yet I hear people assert-
ing broadly that at that time the poor man could not get land through
the competition in the auction-room of wealthier persons. There is the
fact that the lands I speak of were not bid for, and lay for weeks open
to the first person who chose to give 1 per acre for them. Now, how-
ever, the men who bought land in this way, or who bought it at auction
in the face of public competition, the Government directly encouraging
buyers of every kind to come forward, are told that they thereby
did a wrong and a wicked thing. They are told that they committed
a crime, and must now be punished for it that they must be induced
or, rather, coerced by certain means to part with their land at a
disadvantage. I believe that is the object in view. It is called
"reducing the size of the great properties." The common expression
employed is that the estates of the country must be "burst up."
Whether it is convenient or not, we are to be compelled to sell our
properties. I ask is that a fair and equitable view of the question ?
So far as I am aware, I know of no precedent whatever in any country
for such legislation. If the Parliament of Victoria passes such a law
it will demean itself in the eyes of the whole civilized world. The
country will be rendered unfit to live in, so far as protection to life
and property are concerned, because, if you take away security with
respect to the latter, I don't think that of the former can be very
good.
10
APPENDIX No. 2.
Ox the Second Reading 27th September, 1877.
% The Hon. W. CAMPBELL I differ from the concluding senti-
ment expressed by the last speaker. I don't think that the country
has committed itself to approval of this tax There were other
questions placed prominently before the country at the last general
election besides that of a land tax, one of which was the question of
free-trade or protection. Another important matter which had some-
thing to do with the results of the election is the grievances under
which the Roman Catholics are suffering. I believe that the influence
which the members of that body brought to bear had more to do with
the results of the election than the land tax or any other question
submitted to the country. It is therefore unfair and untrue to say
that the members of the Assembly were returned solely to support
this land tax. I deny that they were.
Mr. B ALEOUR. I did not say that the members of the Assembly
Were returned solely to support this land tax, but that it was one of
the questions put prominently before the country at the last election,
and that the country returned a majority in favour of it.
Mr. CAMPBELL. The burthen of the song of those honorable
members who have spoken in favour of this tax has been that
the tax is in accordance with the voice of the country, but I
submit there is no evidence that such is the fact. Honorable
members generally have condemned this tax have condemned
the inequalities of it and yet some of them are going to vote
for it, and so commit a gross injustice. Some honorable mem-
bers say that it is similar to the income tax in England, but I
deny that there is any analogy whatever between the two things. The
tax proposed by this Bill will act altogether inequitably, for a man
may have a very large income but only a small quantity of land, and
he will escape the tax altogether ; but another man may have a large
quantity of land, yet have it burthened so heavily that he is com-
paratively a poor man, and he will be taxed while the rich man escapes.
It is absurd to compare this tax with the income tax in England.
Mr. Balfour says that he condemns a penal or progressive tax ; but this
tax is penal in every sense of the word, and it is also a progressive tax.
"With regard to the exemption, I may remark that in some of the rich
districts of the colony there is land worth 40 or 50 an acre, and
why should 640 acres of such land be exempt from taxation ? Again,
a man may own several 640-acre allotments of good land, and yet he
will escape taxation under this Bill if the allotments are five miles
apart from each other. Such a man may possess 20,000 or 30,000
worth of land, and yet he will not pay one farthing of taxation. I
consider that this is one of the great blots on the Bill. We have been
told by Mr. Sargood that if we do not pass this Bill we may have
another presented to us, the skeleton of which has been mentioned to
the country ; but, if we do pass this measure, there is nothing to
11
prevent the other to which the honorable member refers being sent up
to us next session. I think, indeed, that it will be more likely that
the skeleton Bill will be sent up to us if we pass the present one than
if we do not ; and that the more concessions we make to unjust
propositions, the more will we be likely to have worse legislation
thrust upon us in the future. With respect to the power of the com-
missioners to commit men to prison, the Postmaster- General said that
if they commit any man improperly he will have good grounds for an
action against them ; but no pecuniary recompense could compensate
him for the indignity which he would have been subjected to. I think
this power of imprisonment is a monstrous power to give the commis-
sioners. That alone is a sufficient reason why the House should
adopt the amendment. There are also other good and valid reasons
why it should do so. This House, I submit, has the power of laying
aside any Bill, and if in any case there are good and sufficient reasons
for taking that course, I think we are justified in adopting it. I will
read an extract from May on this point :
" The constitutional power of the Commons to grant supplies without any inter-
ference on the part of the Lords has occasionally been abused by tacking to Bills of
Supply enactments which, in another Bill, would bave been rejected by the Lords,
but which being contained in a Bill that their Lordships had no right to amend,
must either have been suffered to pass unnoticed, or haTe caused the rejection of a
measure highly necessary for the public service. Such a proceeding invades the
privileges of the Lords no less than the interference of their lordships in matters of
Supply infringes the privileges of the Commons, and has been resisted by protest, by
conference, and the rejection of the Bills."
If the Bill be laid aside it will not necessarily be shelved altogether, as
some honorable members suppose. It will be quite competent for the
two Houses to hold a conference about it. The Assembly can search
the records of the Council, ask for a conference with this House, and
then after the conference a fresh Bill can be introduced, curing the
defects which even some of the supporters of the present measure are
desirous of seeing amended. Mr. Balfour made a suggestion about a
conference ; and I would like to ask the Postmaster-General whether,
in the event of the amendment being withdrawn, and the Bill read a
second time, the Government will agree to a conference ?
Mr. CUTHBEET. I think I may answer that question by asking
another. Are honorable members who support the amendment pre-
pared to pass the second reading of the Bill ?
Mr. CAMPBELL. I cannot presume to answer that question. The
honorable member had better ask Sir Charles Sladen.
Mr. CUTHBEET. Am I to understand that there is a proposal on
the part of honorable members to withdraw the amendment, pass the
second reading of the Bill, and then ask the Legislative Assembly for
a conference in reference to the measure ?
Mr. CAMPBELL. Will the honorable member accept such a pro-
posal if it be made ? The suggestion for a conference was thrown out
by Mr. Balfour, and I think it might be a good solution of the matter
to adopt that suggestion.
Mr. CUTHBEET. I really do not see what good is likely to flow
from a conference. If I thought that any good would result from one,
12
I would be glad for it to take place, but I do uot think the slightest
good -would result. The probabilities are that the members of the
committee appointed to represent this House would be chosen for the
views the Council entertains in reference to the Bill ; they would meet
a similar number of members of the Assembly, who would no doubt be
chosen for the views that House holds in regard to the measure, and
angry recriminations might take place. (" No.") Honorable members
may say " No," but I am stating the reasons why I think a conference
at this stage is not desirable. It is a most unusual thing in connection
with a Bill of this nature a Bill for the imposition of a tax which
we have only the right to accept or reject, and in which we are unable
to make any amendments, to ask for a conference. I tbink we had
better address ourselves to the question of whether the Bill is to be
read a second time or not. I have not consulted my colleagues on the
question of a conference, and I am not in a position to bind them in
any way ; but, speaking my own views, I do not think any good would
flow from a conference.
Mr. CAMPBELL. The proposition did not emanate from this (the
left) side of the House. It proceeded from a supporter of the Bill,
and I inferred from that that he might have some sort of authority to
speak for his party.
Mr. CUTHBERT. No.
Mr. BALFOUR. There is no party.
Mr. CAMPBELL. I was under that impression ; otherwise I
would not presume to make such a suggestion However, nearly all
the supporters of the Bill acknowledge its defects. They admit
that it is- a bad and unjust Bill in many respects. For myself, as a
property-owner, I would be glad to see a land tax, but I would like to
see it applied all round, with no exceptions. We would thus follow
the example of the mother country. And here I wish to point out
that the cry that property-owners object to tax themselves is untrue.
I think Mr. a'Beckett was a member of the old Legislative Council at
the time that an increased assessment of stock was resolved upon, and
it may be in the recollection of the honorable member that I proposed
that increase. With this fact in existence I assert that it is unjust to
say that owners of property object to tax themselves. I believe there
is not an owner of property in this House who would object to a fair
and equitable tax, a tax which would apply all round. But the pro-
position now before us is an unprecedented one. I am not aware
that such a tax is in force in any civilized country. Mr. Wilson
has called attention to the taxation which the banks have been
subjected to, and contended that this House committed an in-
justice to those institutions when it sanctioned that taxation.
Assuming that the House made a mistake in that regard,
I would remind the honorable member that two blacks don't make a
white; but I am not aware that in imposing taxation on the banks, the
large establishments were taxed heavier than the small. I think the
tax applied to all banking institutions equally ; so there is no analogy,
as the honorable member appears to suppose, between that case and
the present. The chief objection which I have to the taxation now
13
proposed is that it singles out a class ; it divides property-owners into
classes, and sets class against class. And in imposing taxation there is
one thing we ought carefully to look to, and that is our reputation in
the old world. 1 find that already our 4 per cent, debentures are some
2 or 2\ per cent, below par, while the 4 per cents, of the neighbouring
colony of New South Wales are quoted at 4 per cent, higher than
ours. I also find that in the July number of the Quarterly Seview the
propositions of the present Government are stigmatised as revolu-
tionary. And what, I ask, is likely to be said what are our securities
likely to sell at if such an offence against good government as I deem
the passing of this Bill will be is committed ? I fancy that our repu-
tation not only in the mother country but throughout the world is
likely to suffer by such a proceeding. "With regard to the reasons
given by Sir Charles Sladen for laying the Bill aside, I think they are
quite sufficient. There can be no question that this House has the
power to set aside any Bill. No doubt, the House ought to be able to
assign good reasons for such a course, and I maintain that the reasons
submitted in this instance are good and sufficient. I sincerely trust
the House will be saved from what I cannot help regarding as the
terrible disgrace of passing the measure. I concur with Sir Charles
Sladen, that this House will lower itself in the estimation of the colony
if it does pass the Bill, and I would regret that exceedingly, because I
think the House, at present, stands well with the country. I trust
that honorable members will not be frightened, as it were, from doing
their duty. Some honorable members seem to think it expedient to
assent to the measure because the country goes with it. But I deny
that the country goes with it. Why, Mr. Bromell has already shown
that a large section of the small proprietors who will be exempt from
taxation are opposed to the Bill. I hope honorable members will not
be influenced by dread of anything which may happen outside as to
their vote on this question. If they have anything to dread, it is the
dread of committing the mistake of passing such an iniquitous Bill.
APPENDIX No. 3.
Personal Explanation 15th June, 1880.
The Hon. W. CAMPBELL said he desired to make a personal
explanation with respect to a statement, published in the Argus of
Friday, June 11, to the effect that he had been accused of committing
a fraudulent act. He was sure no honorable member would be
thought to be behaving properly if he remained silent when such an
imputation was brought against him. Undoubtedly the House gene-
rally was interested in the character and reputation of its members.
The charge he alluded to was set forth in a paragraph relating to a
14
discussion that occurred in another place with reference to the Land
Tax Act, and it was as follows :
" Mr. Laurens went on to state that one honorable member of the Upper House,
the Hon. W. Campbell, who originally paid 460 per annum, had so arranged that
his name had disappeared from the list.
That was perfectly true.
" Mr. Longmore, who followed, said that what had been done by the gentleman in
question and others was to divide their estates among their families ; and such
transfers, he declared, were fraudulent."
Now, he (Mr. Campbell) was under the impression that one of the
arguments put forward in favor of the land tax by a certain, and by
no means small, class of the community was that it would have a
tendency to subdivide properties in other words, to burst up the large
estates. It ought to be remembered that the honorable member of
another place who used the word " fraudulent " was the Minister of
Lands of the Government that carried the " Land Tax Act." Now,
however, it appeared that the advocates of the tax were by no means
delighted to find some of the large estates burst up, for certainly he
(Mr. Campbell) had burst up his estate with a vengeance. In the
first place, he would mention that the estate referred to as having been
held by him consisted mainly of about 21,000 acres in the parishes of
Salisbury and Tarrayne. The land was originally put up to auction
by the Crown, with the result that nearly all of it was passed in, there
being no buyer. The fact that at that time no one would pay 1 per
acre for it was surely a pretty good indication of the poor quality of
the soil. Being thus unsold, it remained, as a matter of course, for
some weeks open to be purchased by any one who tendered 1 per acre
for it, and the greater portion of it was then taken up, as an investment,
by Mr. Donald Larnach, now of London, Mr. Ochiltree, of Ballarat,
and the Messrs. Lewers, all gentlemen concerned in banking. From
them, and also from Messrs. Kaye and Butchart, he purchased the
property, to which he added a small area he bought direct from the
Crown. The price of the whole, before the land was subdivided or
fenced, amounted to about 25s. per acre, but, inasmuch as for a long
time afterwards, he let it to his son, with all improvements, at a rental
of only 2s. per acre, it would be seen that his bargain was not a very
good one. Things went on in that way until what he could not help
calling the iniquitous land tax was adopted. He owned that his feeling
against that impost was so strong that it seemed to him a degradation
to pay it. He regarded it as a species of black-mail as legalized
robbery. Under these circumstances, he considered he was entitled to
maintain his rights ; consequently he divided his land into blocks, each
less in extent than the minimum area subject to taxation, and then made
an absolute gift of them to different members of his family. They had
all reached years of discretion, and had been in receipt of allowances
from him far in excess of the value of the estate, and he had felt that
he only held it for their benefit. The subdivision was effected in a
perfectly honafide way, for he had divested himself wholly of all right
or title to the property. Since the term " fraudulent " had been applied
15
to the transaction, it might perhaps be supposed by some that the
transfer was made with a sort of secret reservation which would enable
him, whenever he chose, to reverse it; but such was not at all the case.
He had never had any idea of the kind. He would add that he regretted
that the accusation against him was not made under circumstances
which would render the accuser answerable to him for libel. Friends
had told him that he might well treat the whole charge with contempt,
and pass it by, but that was not his view of the matter. He felt that,
while he might rest satisfied that those who knew him would never
believe him guilty of anything resembling fraud, there were some who
did not know him, and to whom his personal character was compara-
tively strange. On the other hand, the same thing might be said o
Mr. Longmore. There were many in the colony who did not know
him, and might on that account place greater reliance upon his words
than those better acquainted with him would do. Therefore, he thought
that, upon the whole, he ought to offer the present explanation. As
for the land tax itself, he regarded its imposition as a misfortune to the
colony. He believed it to be one of the main causes of the existing
depression and stagnation in trade and business affairs generally, and
also ol the disemployment of the hundreds of hard-working honest men
now daily going about looking for work, and finding none. Its effect
had been not only to discourage investment in land, so as to render
it almost unsaleable, but also to prevent those who held it from
improving it. Where, indeed, was there any inducement to landowners
to increase the value of their property by fencing, draining, building,
or clearing ? For example, he knew a gentleman in his own neighbour-
hood, at Bridgewater, whose land was originally forest, and scarcely
worth 1 per acre, but he cleared it, put in grasses, and so improved it
that its value was greatly enhanced. But what was his reward for his
enterprise ? He had simply brought taxation upon his shoulders, for
his land was classified higher than that of his neighbours, who had never
touched their holdings to improve them. If the present Government had
within them a spark of real patriotism, they would amend the "Land Tax
Act." He did not mean to imply by his remarks that he objected to a
tax on land. On the contrary, he wanted to see every acre in the colony
subjected to a fair and equitable share of the burthens of the State.
It was only by pursuing some such course as that, that public
confidence could be restored throughout the country. While the
present land tax remained, he, for one, did not care to invest in land,
nor, if he had money to lend, would he lend it upon security of that
character. Besides, it ought never to be forgotten that the persons
directly touched by the land tax were principally pioneers of the
colony, who had made their mark in it, and much assisted its progress.
Let people prate of the .Reform Bill, and the good of passing it, as
they chose; nothing but the amendment of the "Land Tax Act"
would remove from the statute-book of the colony the greatest blot
that now disfigured it.
From "The Argus;' 11 th June, 1880.
In the Assembly last week, Mr. Laurens stated that the Hon. W. Campbell,
who originally paid land tax to the extent of 460 per annum, had so arranged that
16
his name had disappeared from the list. On this Mr. Longmore remarked, with his
usual affability, that the gentleman in question had divided his estate amongst his
family, and that such transfers were fraudulent. Mr. Campbell, thinking that "many
that did not know Mr. Longmore might place greater reliance on his words than his
intimate friends would," considered it due to himself to take notice of the
offensive observation. He explained how he had acquired the estate which was
assessed at the sum mentioned, and showed that it was a poor investment. He then
proceeded thus:
" Things went on until the passing of what he called this iniquitous land tax.
He felt it a degradation to pay that tax. He looked upon it as a species of black
mail legalized robbery. He felt that he was morally entitled as he was legally
entitled to do what he pleased with his property. He subdivided the land into
blocks, less in extent than the area subject to the tax, so that they were all exempted.
He made an absolute gift of the land to his family."
The hon. gentleman then went on to complain of a bond fide transaction
being described as fraudident, and expressed regret that the words had not been
used in a place where the person who uttered them could be held responsible
for his language. We regard Mr. Campbell's explanation as quite satisfactory.
He had a perfect right to relieve himself, if he could legally do so, from an
impost which, as a tax upon a section of society, is an infamous product of class
legislation. The whole affair is notable on two grounds. In the first place
it shows that Mr. Longmore can never contemplate the proceedings of his fellow-men
without suspecting fraud. Some may say that this is only natural in the case of a
man whose political career has always been a fraudulent pretence. Perhaps they
are right. The other point to which we draw actention is, that it is evidently
impossible for the large landowners to please the "Liberal" party, no matter what
they may 'do. "Strike high or strike low," it is all one. The principal object of
the land tax, whatever its effect may have been, was to "burst up" the large
estates. It appears now, however, that if a holder gives effect to this policy, he only
transforms himself from a bloated monopolist into a fraudulent evader. Is it not
about time for the House to surrender one or two of its privileged and habitual
libellers to the operation of the law?
APPENDIX No. 4.
Land Tax Act Amendment Bill 24th June, 1881.
The debate on the Hon. E. D. Eeid's motion for the second reading
of the Land Tax Act Amendment Bill (adjourned from June 7) was
resumed.
The Hon. W. CAMPBELL said. Mr. President, the question before
us has been so well discussed already that I fancy I cannot throw
much light upon it. But I think that, on the present occasion, it is
the duty of every honorable member to express his opinion on the
subject, if only in order to bear testimony to the impolicy of the
existing Land Tax Act. As to offering arguments why the Bill should
not become law, I don't see that there is much need for anything of
the kind. I fancy that how the measure will be dealt with by us is
by this time pretty well understood, and that the honorable member
representing the Government will not break his heart over the busi-
17
ness. Dr. Hearn has, with his usual great ability in connection with
all constitutional matters, put it to us very forcibly that the Bill is
clearly a measure of policy, and therefore one this House has a perfect
right to deal with ; but I am prepared to say that, were it one of
money only, I would vote against it, because it is every bit as unfair
and unjust as the "Land Tax Act" and I do not hesitate to hold that
in extreme cases the Council has a right to throw out a Money Bill.
However, Dr. Hearn has proved beyond doubt that what we have
before us is a question of policy, and therefore no point about it being
a purely financial measure can arise. It is said that when the existing
law relating to land taxation was carried here, we were, so to say, under
duress, because public opinion on the subject was so strongly excited
that there seemed to be a prospect of something dreadful perhaps
rebellion happening if the Bill did not pass. But I deny that there
ever was such a feeling in the country. For instance, I have no
recollection of a single public meeting being held on the subject. I
know there was at the time a general opinion that land had escaped
taxation much too long, and that I, in common with, I imagine, every
honorable member here, was perfectly willing that land should be
taxed. Indeed, I believe the community were unanimous on the point.
But that there was any general or strong sentiment in favour
of the land tax we helped to impose on the country, I, for one,
entirely deny. I have a better opinion of the intelligence of my
fellow-citizens, whom I regard as inferior to no section of the human
race, than to suppose that they ever really expected such a measure to
become law. As for any fears of rebellion of an attempt at
revolution I thought them then, as now, entirely groundless.
History shows that events of that sort don't occur without pretty
good cause for them ; but what sort of cause of the kind can be
said to exist here ? Surely, no one will say that the landlords of the
country are guilty of any crime. Yet what has been the operation of
the "Land Tax Act" with respect to them? It has been tantamount
to the confiscation of one-fourth of the properties affected by it. Most
of the landholders of the colony acquired their properties in a
perfectly legitimate way. My own case is simply an example of many
others. The land I bought was originally put up for sale by auction
without a bid, and afterwards purchased at the upset price by
capitalists, from whose hands I took it. The Government of the day
were only too glad to find purchasers for the property. I have heard
it said that in the old days a poor man could not buy land, because he
was always run out of the auction-room by some leviathan squatter;
but to my knowledge that statement is as a rule quite incorrect. It is
notorious that during the land-auctions period very large areas were
often put up for sale to the public without an offer, except from small
meu, who bought twenty or fifty acres at a time. Then, if the land-
lords of Victoria have committed no crime, why are they punished ?
Of course, we have heard of the land in the old country being confis-
cated ; but how and why was the thing done? After the rebellion of
1745, many of the estates that belonged to men who had joined in that
affair were taken from them, but that was because they were guilty of
18
treason ; and, after all, in almost every case the properties were
eventually restored either to them or to their families, But why was
the property of the landholders of Victoria confiscated? Practically
because they had been successful in life because they availed them-
selves of the resources of the colony, and thereby accomplished more
for its development than any other class of the community. Yet
men of that stamp are held up to public scorn and degradation by
demagogues who have no interest whatever in the country. For my
part, I look upon the " Land Tax Act " as a disgrace, but not as an
eternal one, because I do not despair of seeing sentiments of fairness and
justice prevail, and a tax equitably affecting every class in the country
possessing property, no matter of what kind, passed into law. Such
an impost would, owing to its operation being widely distributed, be
really very little felt. In fact, the amount the small property-owners
would have to pay under it would be truly insignificant. I have no
doubt we would soon see a state of things of that sort if w r e had at the
head of affairs real statesmen men who would not stoop to pander to
the follies of the hour instead of men w r ho seek a road to power by
fomenting the passions of the multitude at public meetings, which are
always avoided by the better classes of society, and are almost always
led by some leather-lunged demagogue, who cares little what he says
so long as he carries his hearers with him for the time being. Unless
the " Land Tax Act " is amended, I see no chance of any real restora-
tion of public confidence. It is said that now that we have reform,
peace, and cheap money, we ought to progress ; but is it not the fact
that, in spite of everything, property does not increase in value ? As
Mr. McBain show r ed us a few nights since, although money is 40 per
cent, cheaper than it was a year or so ago, property has lately gone
down rather than risen in the market. Writers in the press have a
good deal to do with the state of matters I complain of, because un-
doubtedly they lead public opinion, and it is owing to the course they
took when the question of land taxation was last before us that w r e
accepted the proposals on the subject then made. I am sure many
honorable members here are much led by the press, and perhaps they
ought to be so led to some extent; but I would have them look at the
fact that the press often means men who have only a very temporary
interest in the country, and perhaps do not see any further than other
people. If we had here the system of land taxation they have in England
where all property is taxed, it would be a great advantage to us.
But what have we got instead ? A land tax based on the principle of an
income tax. Now, there is no analogy whatever between the taxation
of incomes and the taxation of land. Tor example, because a man is
the reputed owner of a large property it does not follow that he is
correspondingly wealthy. His land may be heavily mortgaged, and,
when he has paid interest upon its encumbrances, and land tax as
well, he may be only a poor man perhaps almost a beggar. What
justice can there be in taxing him as though he was a rich man ?
On the other hand, under our existing system, a man may be in receipt
of an enormous income he may be a capitalist owning very little real
estate and yet escape taxation altogether. In some of the newly
19
settled portions of the United States they have a tax which is worth
taking notice of. It applies to all sorts of property, land, houses,
stock, mills, flocks, and herds everything, in fact and, inasmuch as
it amounts to only half per cent, on the capital value, no one feels it.
Tet it answers every purpose, and its operation is to give confidence
to all classes, and to enable the community concerned to progress
very rapidly indeed. "What during the same time have we had in
this colony under our iniquitous land tax? Nothing but retrogression.
Our landowners have lost heart ; they will not go on improving
their property to half the extent they formerly did, and the consequence
is that a great number of working men have been thrown out of employ-
ment here, and been driven into the neighbouring colonies. There is
no doubt that our late loss of population is partly to be accounted for
in that way. Thus indirectly the land tax has been a great blow to
the working man as well as to the smaller landholders reached by it.
As to the character of the tax in the light of the true principles of
political economy, I need say nothing. That ground was well taken
up, the other evening, by Mr. Robertson. I wish, however, he had
brought forward the same quotations from the great authorities when
the former " Land Tax Bill " was before us. Perhaps, had he done
so, our action with respect to that measure would have been different,
and we would not have consented to a tax which reaches only
one person in a thousand only 800 individuals in a population of
800,000. I dare say the land tax is consistent with what is called in
these days a "liberal" policy; but, to my mind, such liberalism means
people taking money out of the pockets of others instead of their own.
1 cannot help thinking that, had the honorable members of this
Chamber who supported that tax had any foresight of the evils it
would give rise to, they would never have agreed to it as they did.
In conclusion, I will say that I am sure every honorable member here
who intends to make Victoria his permanent home must be desirous
to see the " Land Tax Act " amended, but he must also see that the
effect of the amending Bill now before us would be to make things
worse than ever.
c55e2b
UNIVERSITY OF CALIFORNIA LIBRARY
Los Angeles
This book is DUE on the last date stamped below.
^sr
~ ' T
JUL 1 US' i
'** 1 95t*
JUL 2 3 1951 1
JUL 2 RBCO
AUG 1 11951
16W
f^tf^ 187 * 71
OECkW
BtCU LU-llttt*
MAIN LOAN DESK
OCT 5 1964
A.M.
7 L8 1 9 1101111121 112131
P.M.
I r
lie
Form L9-42m-8,'49(B5573)444
\
THE LIBRARY
UNIVERSITY OF CALIFORNIA
'V
\>V^
THE CEOWN LANDS
AUSTRALIA.
\
CROWN LANDS
OF
AUSTRALIA:
BEING AN EXPOSITION
OF
THE LAND REGULATIONS, AND OF THE CLAIMS AND GRIEVANCES
OP THE CEOWN TENANTS;
WITH
DOCUlENTAM EVIDENCE APPENDED;
\
TOGETHER WITH A FEW
HINTS UPON EMIGEATION & THE GOLD FIELDS.
BT
WILLIAM CAMPBELL,
LATE MEMBER OP THE IF^IouATIVB COUNCIL OP VICTOBIA.
JOHN SMITH & SON, GLASGOW;
WILLIAM BLACKWOOD & SONS, EDINBURGH AND LONDON.
1855.
GLASGOW :
PRINTED BY WM, EADIE AND CO. PRINCE'S SQUARE.
O \5o
Melbourne, 22d May, 1854.
William Campbell, Esq. M.L.C.
Melbourne.
Dear See, We, the undersigned Tenants of the Crown, cannot permit
youio leave this colony without tendering to you the expression of our
warm thanks for the ability, energy, and perseverance you have dis-
played in advocating the cause of tho pastoral interests of the
community.
Appreciating as we do the sincerity which has ever formed the
groundwork of your action in this cause, and feeling that your interest
in it can never be diminished, we venture to request that you will
represent our grievances to the Home Government, and maintain the
rights you have ever so consistently upheld.
Wishing you a safe and happy voyage to your native land, and the
realisation of all your hopes in re- visiting it, we remain, Dear See,
Yours very faithfully,
D. Maclachlan. William Snow Clifton, J.P.
F. Taylor. John Goodman, M.L.C.
J. H. Kerr. Wm. J. T. Clarke.
Fred. Fenton. Alexr. Cameron.
J. West, tertius. A. G. Brodribb.
William Paterson. Wm. Degraves.
W. B. Hamilton. Lewis Clarke.
J. Sutherland. James Hum.
Duncan Cameron. James Webb.
J. M. Loughnan. G. B. Maicke, M.D., F.B.S.
Thomas U. Bhyder. W. Bobertson.
A. M. Campbell, J.P. John Brock.
Gideon S. Lang. J. H. Boss.
Matthew Harvey, M.L.C* Bobt. Boss, J.P.
Andrew Bussell, M.L.C. John Carfrae, J.P.
Alexr. Macallum.
* M.L.C. Member of the Legislative Council.
G47009
Melboubne, 26th Mat, 1854.
Mr Deab Sie, In forwarding yon the inclosed Address, I cannot
refrain adding some personal expressions of gratitnde for your exertions
in a cause in which, with many others, I am deeply interested. Only
aware of your projected departure within these last few days, I have
not obtained many signatures, which, if time had permitted, would
have been hut too willingly joined to the list of those already appended.
I will only mention, that every tenant of the Crown in Melbourne has
availed himself of the opportunity to express his admiration of the con-
sistent and honest career which you have pursued with so much ability
and determination. Believe me, yours faithfully,
D. M'LACHLAN.
W. Campbell, Esq. M.L.C.
The reluctance felt by the Writer, in publishing the foregoing Address
and Letter, was overcome, with the view of showing that he was author-
ised to represent the grievances of the Crown Tenants of Victoria.
CONTENTS.
INTRODUCTION,
CHAPTER I.
LEGAL DOCUMENTS REVIEWED.
Order in Council Sufficient Land open for Sale Tenders for Runs Transfer of
Leases guaranteed Investment of Capital Expense of Survey and Settlement
of Boundaries Lord Grey's Despatches Reserves not required Crown Law
Officer's opinions Population all employed in Pastoral pursuits Increase and
decrease of Wool Legal claims Governor's power limited Responsibility of
British Government Representation of Pastoral Interest destroyed Scheme
of Compensation, _.__^._----3
CHAPTER II.
IMPOLICY OF DISTURBING THE LAW.
Power to Sell Challenged Pre-emptive Right Opinions of Crown Law Officers
Instructions to concede Pre-emptive Right Instructions disobeyed Urgent
request for Re-consideration Opinion of Law Officers of Victoria Reserves
not justified Survey of Runs retarded by Survey of Townships Population
dispersed Agrarian feelings fostered Cause of Scarcity of Butcher Meat
Capitalists leaving the Colony Decrease of Stock Policy of granting the
Pre-emptive right Lands applied for Average price of Land Crown Tenants'
capital idle Policy of the Order in Council Government bound to establish
rights Decrease of Agriculture Intimidations and Misrepresentations of the
Press Squatters' want of confidence in the Government, 16
CHAPTER III.
OPINIONS OF THE LEGISLATIVE COUNCIL.
Mr. Johnson's Motion, relating to the Sale of Land at the Gold Fields, amended
Colonial Secretary's Admission of the Pre-emptive Right Motion for the
Extension of the Settled Districts defeated Immediate issue of Leases and
Sale of Lands under the Pre-emptive Right recommended by a majority of 18
to 9 Reference to the Home Government Provision in the Draft of the New
Constitution for the fulfilment of the Promises of the Crown, - - - 25
CHAPTER IV.
OFFICIAL DESPATCHES TO AND FROM THE COLONIAL OFFICE.
Delay in the Settlement of the Question Strength of Claims confided in Want of
Representation Compensation suggested by the Duke of Newcastle Errors
regarding the Views and Claims of the Squatters Development of the Re-
Vlll
sources of the Colony Compensation suggested by the late Lieutenant-
Governor Error regarding the Maximum of Pre-emptive Right Quibbling
Governor can only legally refuse to Sell such Lands as are described in the 7th
Section of the "Order in Council" Admission of Claims Injustice of Ante-
dating the Leases Appeal to the Law Sale for Speculative Purposes illegal
Infringements unnecessary Colonial Secretary's interpretation of the Privi-
leges of the Crown Tenant Disproportionate Sale of Lands under the Pre-
emptive Right in the several Districts, ------- 31
CHAPTER V.
EFFECTS OF THE GOLD DISCOVERT.
Gold discovered in Victoria on the 8th July, 1851 Derangement of the industry
of the Colony Agricultural decrease High prices Impolicy of refusing the
Pre-emptive Right Bad faith of the Executive Sufficient land legally open for
Sale Leases due long before gold was discovered Crown tenant entitled to
the increased value of lands applied for Population quadrupled High Wages
diverted many from the Gold fields Gold fields inexhaustible Auriferous soil
not adapted for agriculture Rich volcanic soil convenient Produce of bulky
articles practicable Gold exchanged for Flour Expense of farming Squatters
the principal agriculturists near the Gold fields Their importance acknow-
ledged by the Lieutenant-Governor, --------38
CHAPTER VI.
GENERAL OBSERVATIONS IN CONCLUSION.
First Settlement of Port Phillip in 1835 Difficulties of the Early Settlers The
Result of their Success Created Commercial Prosperity Provided Means for
the Development of the Gold Fields Led to the Discovery of Gold Produc-
tion of Enormous Exports Ex-Squatters greatest Opponents to the Pastoral
Interest Mr. Foster's Interpretation of the Rights of the Squatters, in 1851
Wages in Victoria in August 1854 Duke of Newcastle's application of the
same Law differently Opinions of eminent Barristers Mr. Robert Lowe's
Interpretation, in 1847 Second Edition of the "Order in Council" proposed
The People misguided by the Press Produce of Two Millions' worth of Ani-
mal Food Modification of the Land Regulations Scheme of Compensation
by the Melbourne Chamber of Commerce Condemnation of the Procrastina-
tion of the Lieutenant-Governor, and the Despatch of the Duke of Newcastle
Home Government's Responsibility Legal Proceedings in defence of such
Rights Prevention of a State of Anarchy Settlement of the Question before
the Control of the Crown Lands is given the Local Legislature Representation
of Pastoral Interest swamped Safety of Rejecting the dictation of the Press
Honour of the Crown pledged Legal and Moral Claims entitle the Crown
Tenants to a Recognition of their Rights Abstract Conclusions demonstrated, 44
HINTS ON EMIGRATION, _ _ 55
INTRODUCTION.
The great pastoral interest of Australia had its
origin in the foresight and enterprise of the late
Captain John Macarthur of Camden, who will be
ever memorable in the history of his country.
That great interest was the means of creating
every other interest not even excepting the great
gold interest ; and Captain Macarthur may there-
fore be justly held the father of a country soon
destined to become, if under a wise and just go-
vernment, a great and mighty empire. In 1803,
Capt. Macarthur lodged a paper in Lord Hobart's
office in London, in which it is stated, " Captain
Macarthur is so convinced of the practicability of
supplying this country with any quantity of fine
wool it may require, that he is earnestly solicitous
to prosecute this, as it appears to him, important
object; and, on his return to New South Wales, to
devote his whole attention to accelerate its com-
plete attainment. All the risk attendant on the
undertaking he will cheerfully bear he will re-
quire no pecuniary aid and all the encourage-
ment lie humbly solicits, is the protection of Go-
vernment, permission to occupy a sufficient track
of unoccupied lands to feed his flocks." The
Government acceded to his wishes, and ultimately
gave him a large grant of land; and it need
scarcely be said that his prophetic convictions
were realised: his flocks increased rapidly under
his care and good management. Others followed
his example : the lands were lying waste : the Go-
vernment very wisely encouraged their occupa-
tion ; and licensed any free and respectable person
who desired to occupy them. Commissioners were
appointed to manage these waste lands, and the
occupants voluntarily paid an assessment to defray
the Commissioners' expenses, and that of the po-
lice under their direction, so that their occupation
might not cost the Government anything. But in
the course of time, when nearly all the available
lands within a practicable distance were occupied,
great evils were experienced from the arbitrary
acts of these functionaries, who assumed great
power in defining the extent of runs, by lessening
one run in order to enlarge another. They were
accused of receiving bribes, and of acting very
unfairly between man and man. The occupants
were powerless against the Government, as they
had only an annual licence they could not be
otherwise than dissatisfied they required a better
tenure, to secure them against the irresponsible
XI
acts of an arbitrary Governor and his needy subor-
dinates they agitated their grievances, and ulti-
mately obtained an equitable title to a lease upon
definite terms, with a preferable right to purchase
at a fair value. They obtained that title through
an Act of Parliament, and an Order of Her Majesty
in Council. They were grateful for that boon
granted to them, and were encouraged to improve
their property, under the fullest confidence that
the promise of the Queen, under the sanction of
the Imperial Parliament, would be held sacred.
In this, however, they have been much disap-
pointed, as Her Majesty's representative in Victoria
violated that promise, by refusing to give the oc-
cupant of Crown lands the stipulated pre-emptive
right, and otherwise illegally disposed of such
lands to their prejudice. The tenants of the
Crown (for such is the proper designation of the
Australian squatter) protested against such arbi-
trary infringements. The executive procrastinated
for years, and were encouraged in their indecision
by the clamours of the press. Ultimately the
question was referred to the decision of the Home
Government; and, after a waste of seventeen
months' time, was left in as unsettled a state as
ever by the indefinite despatch of the Duke of
Newcastle, which is reviewed in the fourth chapter.
In the meanwhile a great gold-producing in-
terest sprung into existence, and now seemingly
excuses the executive from the fulfilment of pro-
Xll
mises and contracts entered into by the Crown and
its tenants; but which promises and contracts
ought to have been fulfilled years before any pro-
duce of gold existed in Victoria : indeed, both the
Crown and the tenant implemented the leases, as
is proved in the first chapter. The Crown tenants
are therefore entitled to be placed in as good a
position as that in which they would have been,
were it not for the procrastination of the executive.
It is impracticable to restore the lands which have
been illegally sold; but it is absolutely necessary,
for the ends of justice, that equivalent compensa-
tion be made to the injured pioneers of Australian
civilisation; and if the executive, through an ap-
parent pressure of expediency, are to continue such
violations of the rights of property, they are bound,
by the pledged honour of the Crown, and by every
principle of honour and of justice, to make provi-
sion from the Crown lands to indemnify the arbi-
trary abrogation of such rights.
An erroneous impression prevails regarding the
privileges of the tenants of the Crown, which re-
quires prominent correction. It was published by
Mr. Robert Lowe in 1837, that the Crown tenants
had a monopoly of buying the lands at 20s. per
acre; whereas the truth is, that they have only a
right to buy the land at a, fair valuation, which the
Governor may fix at the highest obtainable price,
but which can never be lower that 1 per acre.
The Act 5 and 6 Victoria is embodied in the
Xlll
Appendix (No. 1), merely to complete the code of
land regulations : it was amended by the Act 9 and
10 Victoria, A pp. 3, and is applicable only to the
Settled districts. The reader will therefore ob-
serve that the legal claims of the Crown tenants
are chiefly founded upon Nos. 3 and 4 of the
Appendix.
The appropriation clause in the Assessment Act
(App. No. 2), which was in force when the leases
were demandable, shows that the Crown tenant is
liable only to be assessed for lccal purposes: and
that the attempt made by the Executive in the
Legislative Council last session to increase the
rent, by an exorbitant rate of assessment, in order
to meet a deficiency in the general revenue, was
illegal and unjust ; and the exclusion of the appro-
priation clause in the new Act was an indirect in-
vasion of the rights of the Crown tenants : so much
so, that they are, in the absence of such security
of the proper appropriation of their assessment,
legally justified in refusing payment of it, as the
Act is thereby not in accordance with the Order
in Council, nor with the former Act. Such illegal
invasions upon the rights of the Crown tenants,
having no limit affixed, indicate what they might
have to expect from the Legislature hereafter, if it
was legally empowered to decide upon their claims
which the Home Government is in honour and in
justice bound to settle, before the Crown lands are
handed over to the Local Legislature, in which the
XIV
representation of the pastoral interest is swamped
by the formation of superfluous townships in the
pastoral districts. The Colonial Secretary, by
such invasions, evidently forgot his interpretation
of 1851. See page 47.
The First Part of the Appendix is composed of
legal documents, which form a complete code of
the law of the sale of Crown lands, and which are
reviewed in the first chapter.
The Second Part contains the opinions of the
Crown law officers, which, though not forming any
part of the law, go far to explain and strengthen
that law : they are reviewed in the second chapter.
The Third Part contains the votes and proceed-
ings of the Legislative Council bearing on the
question; but they can only be received as expres-
sions of opinion on the part of that body, which
were not empowered to interfere with the man-
agement of the Crown lands. It also contains
opinions of distinguished barristers; protests and
memorials from the Crown tenants, in defence of
their rights; correspondence between the Lieu-
tenant-Governor and the Secretary of State for
the Colonies ; together with a report from the
Melbourne Chamber of Commerce, condemnatory
of the encroachments of the Government, and
suggesting a scheme of compensation.
The Fourth Part consists of statistical returns.
The long complicated despatch of the late Lieu-
tenant-Governor was enough to mystify the subject
XV
to one of more leisure than the Duke of Newcastle,
who in his reply was evidently misled by that des-
patch, and so misapprehended the rights of the
Crown tenants; otherwise his Grace could not have
left such an important question in such an unde-
cided state, to the injury of the peace and pros-
perity of the Colony at large. The length of that
despatch precludes it from a place in the Appendix.
Lest the strictures which are necessarily made
upon the official acts of the late Lieutenant Go-
vernor may appear personal, I take this opportu-
nity of expressing the greatest respect for the
private character of that gentleman; but the re-
presentation of the grievances of an injured class
of fellow-colonists being confided to me, I should
fail much in my duty were I to allow any respect
for private worth to shield the author of these
grievances from public exposure.
I haye briefly touched upon the effects of the
gold discovery in Victoria, which, although only
disclosed to the government in the month of July,
1851, was actually discovered a year and a half
before then.
I have also briefly touched upon Emigration,
which may be benefited by a modification of the
land regulations, in order to dispel erroneous im-
pressions prevailing regarding them.
I have prefixed an Address from the Crown
tenants of Victoria, with a letter from Captain D.
M'Lachlan, late of the Rifle Brigade, explaining
XVI
how the address was not more numerously signed :
this I do in order to show that I am authorised to
represent the grievances of that body. And feel-
ing honoured as a representative of such a respec-
table body, and in grateful appreciation of their
mark of confidence, I have voluntarily undertaken,
in the absence of a professional man, the compila-
tion and publication of documentary evidence in
proof of their rights ; and only regret the imper-
fection of the exposition which I have thus ven-
tured to demonstrate.
W. CAMPBELL.
Cakraith, November, 1854.
CHAPTER I.
LEGAL DOCUMENTS REVIEWED.
Order in Council Sufficient Land open for Sale Tenders for Runs
Transfer of Leases guaranteed Investment of Capital Expense of
Survey and Settlement of Boundaries Lord Grey's Dispatches Re-
serves not required Crown Law Officer's opinions Population all
employed in Pastoral pursuits Increase and decrease of Wool Legal
claims Governor's power limited Responsibility of British Govern-
ment Representation of Pastoral Interest destroyed Scheme of Com-
pensation.
On the 9th March 1847, an Order in Council, under the
authority of an Act of Parliament, entitled the occupants
of crown lands beyond the settled districts in New South
Wales, to "demand" leases, for 8 and 14 years, in their
respective districts, with a preferable right to purchase
during the continuance, and upon the expiration of the
leases. App. 3 and 4.
On the 7th October 1847, Her Majesty's representative,
the Governor of New South Wales, promulgated the
Order in Council, and required the demands for leases to
contain a clear description of the boundaries supposed
extent estimated capabilities of the runs, &c; and to be
made within six months of that date, under pain of for-
feiture. App. No. 6.
The Order in Council reserved a power to extend the
intermediate districts up to the 1st January 1849. The
colony was accordingly divided into three districts Set-
tled, Intermediate, and Unsettled. The lands in the
settled were left, as formerly, open for sale by auction.
The lands in the unsettled districts to be held under
lease for fourteen years, and during that term, " not open
to purchase by any other person, except the lessee."
(App. No. 4, Sect. 6.) The lowest price to be <l per
acre; if the land was of greater value, the Governor to
exercise his power of having them valued. (App. No. 4,
Sect. 3.) On the expiration of the lease, the lands to be
open for sale, subject to the lessee's preferable option
of purchase at a valuation in the event of the lessee
declining to purchase, the value of his improvements to
be allowed to him out of the price of the land. App. 4,
Sect. 16.
If more than three-fourths of the run remained unsold,
the lease renewable for the remaining portion.
The rent to be fixed at <2 : 10s. per 1000 sheep, exclu-
sive of the assessment for Commissioners and Police ex-
penses. App. 4, Sects. 2 and 4; see also App. 2, Clauses
I. and XL
As an encouragement to effect improvements, the rent
under the renewed lease not to be raised more than 50 per
cent. App. 4, Sect. 18.
Under the 8th section of the Order in Council, (App.
4,) the Governor is empowered to reserve from sale lands
for such public purposes as are described in the 3d clause of
5 and 6 Vict. App. No. 1.
The 9th section of the Order in Council enables the
Governor to make grants or sales for public purposes.
App. 4.
The formation of a railroad in the unsettled district to
bring all the lands within two miles of it, under the rules
of the intermediate district. App. 4, Sect. 10.
The conditions of a lease in the intermediate district
are the same as those for a lease in the unsettled district,
except that the term is only for 8 in place of 14 years; and
that, at the end of every year, the Governor, on giving 60
days' notice, can offer all or any of the lands for sale,
subject to the lessee's option of purchase at a fair value.
(App. No. 4. Cap. III.) A lease, therefore, in the inter-
mediate district, though nominally for eight years, is in
reality only a lease for one year.
As the intermediate district in Victoria includes nearly
all the lands adapted for agricultural purposes beyond the
settled district, it is competent for the Governor, at the
end of every year, to throw any extent of land in that ex-
tensive district into the market for sale, and so require
the lessee, within 60 days, to exercise his option. Had
the late Lieutenant Governor legally exercised his power
in that way, which was afterwards pointed out to him by
the Legislative Council on the 28th July 1852 (App.
46), in place of destroying the rights of property, and
violating the law, which he did, by refusing the lessee the
option to purchase lands which he sold to other parties
for private purposes, all the odium attached to his govern-
ment on that head, and the groundless clamours of a
mercenary press, would have been avoided.
By a Proclamation of the 1st January, 1848, (App. 7,
8, and 9,) regulations were established for the acceptance
of Tenders for forfeited and for new runs. Under such
regulations, 61 tenders were accepted by the Government
between the 1st January, 1848, and the 1st July, 1852.
(App. 62.) The substance of the agreement entered into
between the Governor and the Tenderer was the payment
of a premium generally, in addition to the fixed rent, by
the tenderer, for and in consideration of a lease ; surely
the acceptance of the tender, the receipt of the premium,
with possession, under a promise to grant, forms a com-
plete equitable title.
On the same date, 1st Jan. 1848, another proclamation
was issued, establishing rules respecting the transfer of
runs, (App. 10,) by which any licensed occupant was
empowered to dispose of his interest in his lease, the right
of which to be " thenceforth held to be vested in the person
in whose favour he requested that it should issue." The
effect of the Government so guaranteeing the leases to
purchasers of runs, made them as marketable as any other
commodity in the Colony, so that, before the 1st July,
1852, no less than 514 runs changed hands. (App. 62.)
The fixed tenure of a lease, with the option to purchase
the land, gave a greatly increased value to runs, and they
changed hands readily at enormous prices. Good healthy
runs, with stock upon them, generally realised double the
value of the stock; that is, when a flock of 10,000 sheep
were worth only 5000, the same flock, with a good run,
was worth 10,000.
Let the reader only fancy himself in the position of one
of the 514 purchasers of runs, and, under a thorough con-
fidence in the honesty of the Government, to have paid,
perhaps, all that he was worth in the world for one of
those runs, and, in the course of a few months afterwards,
to find his just and lawful rights denied to him, by the
very Government who had induced him to invest his all
in the purchase of these rights; in such a position, what
could his feelings be ?
On the 8th August, 1848, a Proclamation was issued,
extending the limited time of applications for leases, from
the 6th April to the 30th September, 1848. App. 15.
On the 7th June, 1848, an Act was passed by the
Colonial Legislature, to appoint Commissioners to exa-
mine and report upon disputed boundaries of runs. By
that Act, claimants for leases were required to submit
their disputes to the Commissioners, and to pay high fees
before their case could be heard. App. 5.
Many were put to great expense, trouble, and annoy-
ance, in getting a survey of their runs made, and procuring
witnesses to prove their claims. The Governor, by the
receipt of the Fees, and by his decision in describing the
boundaries of the lands to be leased, implemented the
promise to grant a lease, otherwise the lessee's money and
trouble would have been thrown away.
Lord Grey, then Secretary for the Colonies, by his
dispatches of the 29th November 1846, and 30th March
1847 the latter transmitting the "Order in Council,"
gave very pointed instructions to the Governor to be care-
ful in classing the lands of the Colony, on dividing it into
districts, as, to use his own words, * lands to be defined
as unsettled, would be put out of the power of the Crown, and
rendered unavailable to the public for purchase for the long
period of fourteen years." The interpretation of the Secre-
tary of State, written a few days after the date of the
" Order in Council," and transmitting it with minute in-
structions to the Governor, must be held to be the inter-
pretation of the Imperial Government ; but, in fact, the
"Order in Council" is so clear that it will not bear any
other construction. App. 22.
Again, by an Order in Council, dated 18th July 1849,
the Governor was prohibited from selling any portions of
8
reserves to any other person than the holder of the lease,
for the purpose of pasture or cultivation. App. 24.
The government exceeded its power by making large
reserves ; and the late Lieutenant Governor of Victoria,
then Superintendent of Port-Phillip, destroyed the virgin
peace and prosperity of Australia Felix, by his legion of
townships and reserves, On the 1st July 1851 he had
made no less than 246 reserves beyond the settled dis-
tricts, containing an extent of 681,700 acres. (App. 760
He added to their number largely since then. The go-
vernment of New South Wales has in a great measure
rectified the error at first fallen into, as, by a proclamation
of the 11th March 1852, the lessee in that Colony is em-
powered to nullify the reserve by applying to exercise his
right of purchase. App. 21.
The practice of the government of Victoria, on the
contrary, has been to sell, right and left, utterly regardless
of the claims and protests of the tenants of the Crown.
While Port-Phillip was under the jurisdiction of New
South Wales, the opinions of the Crown law officers
(App. 27, 29, 30, 31, 41, d. f.) being clearly against the
power desired by the Superintendent of Port-Phillip,
Charles Joseph La Trobe, Esquire, restricted that officer
for a time, and ought to have satisfied him that it was
never intended that he should have the very arbitrary
power of selling the lands of any unoffending or offending
squatter when he thought proper. But no! the opinions
of professional men of high legal attainments and matured
experience, like the Crown law officers of New South
Wales, did not satisfy him nor would the interpretation
of the imperial Government, through the Secretary of
State for the Colonies, guide him, he was blinded with
the "love of power" a power that no wise man would
9
wish to have the responsibility of exercising amongst a
free and enlightened British community e And, very soon
after he became Lieutenant Governor of Victoria, he ob-
tained opinions from Law officers of his own appointment,
which opinions, vague as they were, partly coincided with
his own, though in the main against him as it was only
where there was " an absolute necessity" and not to meet
"the prospective wants of the community ," that they thought
he had the power to sell. App. 41, g.
On the 1st January 1851, there were 5,600,000 sheep,
and 308,000 cattle, depastured beyond the settled districts.
(App. 72.) On the 29th March of the same year, the
population beyond the settled districts was only 13,914,
consisting of 10,029 males, and 3,885 females. (App. 75.)
It is very obvious that that small population were barely
sufficient to manage such a large number of sheep and
cattle; to wash, shear, and carry to a seaport, about
18,000,000 lbs. wool : in fact they were all employed in
pastoral pursuits; there was no other source of industry
within these districts. The remainder of the population
were fully employed in various pursuits in and around
Melbourne and the settled districts, and their prosperity
dependent upon the prosperity of the pastoral interest
entirely. Where then was the " absolute necessity" of a
legion of townships and agricultural reserves ? Nowhere
except in the imagination of His Honour the Superin-
tendent and the Landjobber. The pastoral interest was
the only interest beyond the settled district, and did not
require either townships or agricultural reserves. The
squatters had a right to cultivate grain for themselves,
though generally they preferred purchasing flour at the
shipping ports, and carrying it on their return wool drays,
which would otherwise reach the stations empty. The
10
Australian flockmaster found that he could grow wool a^
a greater profit than he could grow wheat, and was glad
to benefit the commerce of the colony by exchanging the
proceeds of wool for flour. His energies were directed to
improve the quality and increase the quantity of the
staple of the country. It need scarcely be said that his
exertions were eminently successful, and that all other
classes in the colony participated in his prosperity. From
1807, when Captain M'Arthur first exported 245 lbs.
wool, to 1850, the quantity increased to the enormous
amount of 39,000,000 lbs. The British manufacturer
receives the whole of that immense quantity, which ex-
ceeds all other imports of wool into Great Britain besides.
From 1851 the progression in Victoria both in quantity
and quality has been assuredly reversed; and I fear, under
present prospects, that the decrease will be more rapid
than the increase was. Official returns may have unfairly
shown for the last two years an increased weight, but the
most of the material, "not being washed" as formerly,
contained nearly 50 per cent of grease. A short time
may tell whether it has not been impolitic, as well as
unjust, to discourage an interest that has developed the
resources of a wilderness so soon, and whether the British
woollen manufacturer may not yet have cause to lament
its decline.
The squatters never questioned the power of the
government in establishing inns and police along the
thoroughfares, nor of granting sites for churches, schools,
&c. ; on the contrary, they subscribed to build churches
and schools, and paid assessment for police expenses.
That the occupiers of Crown lands have acquired an
equitable title to a lease, with an option of purchasing the
lands at a fair value, no one can deny; but should tho
11
reader have any doubt on the matter, let him carefully
peruse the " Order in Council," (App. 4, and particularly
the 6th Section,) which expressly prohibits the sale of the
lands to the public, until after the lessee has exercised his
right of option to purchase; let him also observe the 10th
and 15th sections. The 7th section defines such lands as
the Governor is empowered to refuse to sell to the lessee.
The 8th section defines such lands as may be reserved
for public purposes. The 9th enumerates, in great detail,
the public purposes for which the Governor has the power
to make grants or sales of, concluding with the following
words, " or for any other purpose of public defence, safety,
utility, convenience, or enjoyment, or for otherwise facili-
tating the improvement and settlement of the Colony ;
but so that the quantity of land which maybe granted to any
railway company, shall not exceed, in all, the rate of 100
acres for every mile thereof in length." Great stress has
been laid upon these words by the opponents of the
squatting system ; but these words imply only public pur-
poses, and that the Governor might "otherwise " than by
sale or grant, dispose of lands for public purposes, for
instance, to lease them, but even for public encourage-
ment in establishing railways, he was restricted to 100
acres for every mile of the line, which is only a breadth of
275 yards, the adjoining lands for 2 miles on each side of
the line, if within the Unsettled district, to be brought
under the regulations of the Intermediate district. If it
had been intended to have given the Governor the power
of selling the lands indiscriminately to private persons, by
auction, whenever he thought proper, it would have been
most absurd and superfluous to have made any division of
the Colony into districts under different regulations, and
equally absurd and superfluous to have mentioned public
12
purposes at all; because, if the Governor had the power to
sell to a private individual for any purpose, there would
have been no occasion to have reserved a power to sell
for public purposes ; but, if it admitted of the least doubt,
the prohibition in the 6th section, the provision in the
10th section, and the conditions of the sale in the 15th
section, must completely remove it; Lord Grey's dispatch,
already referred to, interprets the matter so clearly, that
it certainly does not admit of a doubt.
It is hoped that enough has been adduced in this chap-
ter, to prove that the claims of the tenants of the crown
in Victoria are strongly and fully established in law and
equity. There was no necessity to have infringed upon
their rights. There were not even gold-digging agitators
to intimidate the Government for several years after it
had entered upon its invasions; but, had there been, it
could not have justified the destruction of private property
without compensating the sufferers.
It has been already shown that, in 1851, the population
beyond the settled districts, consisting only of 13,914
souls, men, women, and children, were all profitably and
fully employed in the production of an export alike valu-
able to the colony and the manufactures of the mother
country; it has also been shown that a legion of 246
reserves were made prior to the 1st July, 1851, before any
gold digging interest, or any other interest, except the
pastoral interest, existed in these districts ; consequently, as
there was no other interest, there could not be any public
requirements, not even for townships, as inns had been
long established, and were recognised by the Squatters for
their general accommodation as public requirements.
The state of matters after the gold discoveries will be
13
observed in the sequel, though nothing can affect just
rights acquired by law.
The Reserves in the Intermediate districts were en-
tirely superfluous, because the Governor had the power,
on giving 60 days' notice, of throwing any extent of land
required into the market; and, if there was any error ori-
ginally in giving an undue extension to the unsettled
districts, it was not the fault of those who obtained exclu-
sive privileges, but that of the local authorities, who had
power to extend the Intermediate district up to the be-
ginning of 1849.
It is thought by some that the Colonial Office
(after the evasive despatch of the Duke of Newcastle,
which will be observed hereafter) will try to get rid of
the responsibility of redressing the grievances of the
Crown tenants in Victoria, and may throw the onus of
repairing the violations of the late Lieutenant Governor
upon the Legislative Council. But surely the British
Government, who are now so nobly expending their best
energies in the Crimea in redressing the wrongs of the
Turks and who are now requiring the Government of
Greece to indemnify Greek subjects for losses suffered
from the insurrection will not themselves shrink from
indemnifying British subjects for losses sustained at the
hands of Her Majesty's representative. Surely they will
not be pusillanimous enough to hazabd the sacrifice of
rights granted direct from the Crown, which they would
assuredly do, if they delegated the power of settlement to
the local Legislature; for amongst the many evils the
pastoral interest has sustained from the invasion of town-
ships, is included that of the total destruction of the re-
presentation of that interest in the Legislative Council
so complete a destruction, that it is questionable whether
14
the pastoral interest will ever be able to return another
member : under such an adverse state of things, it
would be manifestly dishonourable in the British Go-
vernment to fly from its path of duty.
The squatters, as tenants holding directly from the
Crown, expect the Crown, as landlord, to fulfil the condi-
tions of the lease, and secure them undisturbed possession ;
but should the Crown deem it judicious, in order to satisfy
the unreasonable cravings of an unsettled people, to ex-
tinguish the privileges of the leases by a scheme of com-
pensation, as suggested by the Duke of Newcastle and
others, (App. 54, 58,) the position of the parties require
that that compensation be determined by the Crown, or
by valuers mutually chosen by the Crown and the tenant,
in the way pointed out in the valuation of land, where
the Governor has the power of finally appointing the um-
pire, and so really fixing the rate. The difference of va-
lue of the live stock without a run and their value with a
run would be a fair compensation.
The British Government can only be actuated by a
desire to do justice to those dependent upon it and it is
trusted that it will not be swayed out of its path of recti-
tude by the prejudices of any party, whether in or out of
office ; and that it will not sacrifice justice on the altar of
expediency or convenience. The pioneers of Australia
ask only for Justice ; and Truth will point out what jus-
tice is due to them.
The question of the appropriation of the sums of money
arising from the assessment upon stock, requires to be
better understood than it generally is. The assessment
was levied originally at the desire of the squatters them-
selves, for the maintenance of police and other local pur-
poses beyond the settled districts fsee App. 2, clause XL);
15
and although the Legislative Council is empowered by
the " Order in Council " to levy a sufficient rate for such
local purposes, it cannot legitimately impose a higher rate
than sufficient for such purposes ; or appropriate the rate
to any other purpose.
The documents referred to in the Appendix are ob-
tained from the Records of the Legislative Council of
Victoria, with the exception of Nos. 55 to 61 inclusive,
together with 74 and 78. The writer can safely vouch
to the authenticity of the whole of these documents, as
obtained from various sources, which they themselves will
show.
CHAPTEE II.
IMPOLICY OF DISTURBING THE LAW.
Power to Sell Challenged Pre-emptive Bight Opinions of Crown
Law Officers Instructions to concede Pre-emptive right Instructions
disobeyed Urgent request for Re-consideration Opinion of Law
Officers of Victoria Reserves not justified Survey of Puns retarded
by Survey of Townships Population dispersed Agrarian feelings fos-
tered Cause of Scarcity of Butcher Meat Capitalists leaving the
Colony Decrease of Stock Policy of granting the Pre-emptive right
Lands applied for Average Price of Land Crown Tenants' capital
idle Policy of the Order in Council Government hound to establish
rights Decrease of Agriculture Intimidations and Misrepresentations
of the Press Squatters want of confidence in the Government.
Having in the preceding chapter reviewed the claims
of the tenants of the Crown in point of law, it follows
now to expose the impolicy and injustice of disturbing
these claims.
In November, 1847, Messrs. Moore & Griffiths chal-
lenged the power of the Governor to sell land upon their
run. The lands were withdrawn from sale. (App. 25.)
The Crown Law Officers' opinions were taken, which
opinions (App. 29, 30, 31, and 34) show that the Go-
vernor had no power to sell any portion of the runs beyond
the settled districts, except for public purposes. The
Governor's encroachments were thereby restrained for a
time.
17
On the 7th Nov. 1850, Messrs. Jeffries applied to pur-
chase lands upon their run, under the pre-emption right,
and disputed the power of the Governor otherwise to sell
the lands before they had an opportunity of exercising
their option to purchase. (App. 41.) The lands were
withdrawn from public sale, and His Honour, the Super-
intendent, submitted the case to the Government, and, in
doing so, said that " the validity of the act of sale must
depend upon the decision of the law officers" (App. 41. 6.)
The Colonial Secretary, in reply, wrote, "your Honour
sees cause to question the right of these gentlemen, not
only to the obtaining of the lands at the upset price, but
to the exercise of any pre-emptive right whatever in
respect to them ; without questioning at length the argu-
ments adduced in the report of the Attorney-General and
Solicitor General, it may be sufficient to state that these
officers, whilst admitting the actual power of the Govern-
ment to sell the land in question to the highest bidder,
are yet of opinion that such sale would not be in accor-
dance with the spirit of Her Majesty's Order in Council,
and the Government can have no desire to assert extreme
rights, but, on the contrary, has every disposition to act
up to the spirit of the Order in Council, His Excellency
conceives that the claims of the gentlemen referred to, and
every other pre-emptive claim of the kind, which is not over-
ruled by a strong public necessity, should be conceded."
(App. 41.) Such decided instructions from a superior offi-
cer, based upon the opinions of the Crown law officers,
ought to have been obeyed by the Superintendent, as, to
repeat his own words in submitting the case, " the validity
of the act of sale must depend upon the decision of the
Crown law officers." But no ! he was determined to have
the irresponsible power of making or marring the fortunes
18
of every squatter at his will : he delayed to carry out the
decisions of the Governor, and urgently requested the re-
consideration of the decision arrived at. (App, 41. e.)
In the 8th part of his letter he writes about reserves being
absolutely necessary for the settlement of the district, and,
in the 6th paragraph, about " lands in such and such
quarter being called for by the public," forgettiug that
there were then no public beyond the settled districts, ex-
cept the public employed in pastoral pursuits, as has been
proved in the preceding chapter; yet His Honour thought
Messrs. Jeffries' claim, and the claims of many others, to
be overruled by a strong public necessity, when there
was no necessity whatever. To get rid of the importunity
of His Honour, the Sydney authorities, preparatory to
the separation of Port-Phillip, left the further con-
sideration of the question to the government of Victoria,
of which His Honour was to become the Head. (App.
41 .f) His Honour, now Lieutenant Governor of Victoria,
appointed law officers, and soon obtained an opinion from
them, which opinion, though vague, is sound upon some
points. Their interpretation of public purposes is thus:
" The general words," or for any other purpose of public
defence, safety, utility, convenience, and enjoyment, " oc-
curring in the 9th section, must, according to the ordinary
rules of construction, be interpreted with reference to the
particular instance lands, the subject of these instances,
are all to be appropriated to public purposes, in the en-
joyment of which every person may participate. They are
converted by the grant, sale, or other disposal mentioned
in that section, as it "were, into public property, and de-
dicated to the use of the inhabitants generally^ (App.
41. g.~) Much stress has been laid upon this opinion by
his late Excellency, but it clearly shows that a sale to any
19
private person cannot be a sale for public purposes ; so
that a village allotment is as much private property as a"
block of 1000 acres.
Further on in the same opinion, they say, " we consider
that the Governor, when satisfied of an absolute necessity,
would be justified in selling, or reserving for immediate sale,
such portions of the lands in the intermediate or unsettled
districts as may be required for the formation and sup-
port of these towns and villages. But we are of opinion,
that it would not be in accordance with the correct inter-
pretation of this section, nor within the spirit of the Order
in Council, were the Governor, without reference to the
sites of towns or villages, or present and pressing public re-
quirements, to reserve for sale portions of land in those
districts, with a view of meeting the prospective wants
of the community ! " Under this opinion even, how
could the 246 reserves, containing 681,700 acres in the
intermediate and unsettled districts, be justified, at a time
when there were only about 13,000 people in these dis-
tricts, and these people all profitably employed in pastoral
pursuits to the public advantage. There was no " absolute
necessity " for a single reserve then. The " wants " were
all "prospective." However, His Excellency was bent on
" power ; " the squatter's legal rights were disregarded ;
the lands were sold, and the moneyed land-speculator may
thank His Excellency for the spoil.
The delay in the issue of the leases was attributed by
the Governor to the want of a sufficient number of sur-
veyors; but the surveyors being employed in laying out the
townships and reserves, for the " prospective wants," could
not be employed at the same time in defining the bound-
aries of runs. The townships were not wanted, however,
and had the surveyors been legitimately employed, the runs
20
would have been very soon surveyed and described, as it
is only the extremities that require measurement; and
many of the runs bounded with water courses, dividing
ranges, roads, &c, require very little measurement to
describe them accurately.
The consequences will be that the population will be
thinly dispersed in a multitude of miserable small town-
ships, without proper police protection, where they will be
a thorn in the side of the pastoral interest ; they will in-
dividually own a few cattle, and their agrarian views will
lead, as it has done already in the neighbourhood of
Kilmore, to deeds of barbarous cruelty and destruction of
property. Had there been no rights in the way, it would
have been most impolitic to have scattered a profusion of
townships and reserves throughout the country, to damage
and destroy an interest so essential to the prosperity of
the country ; the public already feel the effects of that
discouragement in the high prices and scarcity of butcher's
meat. It may be said, however, that high wages has been
the cause of producing that scarcity ; and it may be ad-
mitted that it has had something greatly to do with it ;
but the main cause is a feeling of great discontentment,
arising from the encroachments upon the runs, and the
want of confidence in the Government. The flockmaster,
having lost the security of tenure which he formerly felt,
could not safely increase his flock, because, if he lost his
run, as his neighbour had done, his flocks would be worth-
less to him ; and, if they became diseased, he could not
remove them, and he dared not to sell them. There are
instances of several runs adjoining to each other being
completely lost in that way. The higher prices now
obtained for the stock more than covers the high wages ;
Ill
21
but nothing can cover the lawless spoliation of a Govern-
ment, or make the injured feel contented.
In another way, the colony suffers from denying the
squatters their right of purchase, as many are selling off,
and leaving the colony in disgust, abstracting capital
which would otherwise be invested in the purchase of a
portion of their runs. If the present retrogression in the
decrease of their stock is not checked, it will become
questionable whether a considerable portion of the Crown
lands of Australia, now under occupation, may not revert
to their original state of unproductiveness.
The granting of the pre-emptive right to the fullest
extent would have accelerated the settlement of the
country, and would have established a respectable class of
proprietors, who, from practical knowledge of the capa-
bilities of the colony, and from the possession of means,
would have developed the resources of the colony to a
much greater extent than has been done under a vacillat-
ing administration.
The whole of the lands applied for under the pre-
emptive right, on the 12th May, 1850, was only some
50,000 acres. (App. 67 and 70.) It could not be sold
for less than 20s. per acre ; if it was worth more, the
Governor had the power of valuing it. The average
price of country lands, sold from 1837 to 1851, was
<l Is. per acre, (App. 66^), and from 1851 to 1st July,
1852, it was only .1 6s. 7d. per acre. It therefore
follows, from the low price realised for lands, even within
the settled districts, that there could have been no great
loss to the Revenue had the Crown-tenants got all the
lands they applied for, beyond the settled districts, at the
minimum price of 20s. per acre ; but if it was worth
more, they were willing to have paid value for it. At tho
22
time they applied to purchase these 50,000 acres, which
they had a perfect right to do at a fair value, the value of
land was very low ; and if that value has greatly increased
since the time they applied to purchase, it should be held
to their advantage, because the applicant's belief that they
would get what lands they applied for, deterred them
from otherwise investing their capital, which they could
have done in many other ways to equal advantage ; their
applications lay for years " under the consideration of the
Land Board," as the return App. 70 will show, and their
capital was during that time comparatively idle, waiting
in expectation of "His Excellency's approval of their
claim to purchase." It is well known that capital invested
in land or houses, in and around Melbourne, during these
years, has increased generally 1000 per cent : then, why
should the capital of the Crown tenants, which legitimately
sought investment in those years, have been rendered
unavailable through the indecision of the Governor ? j For
had their claims met even with a refusal, in place of their
applications " being under the consideration of the Land
Board " for years, their expectation would have ceased,
and they would have felt at liberty to have made other
investments.
The best policy, perhaps, that can be adopted in the
settlement of a new country, is to give the first occupant
protection against intrusion, with a right to purchase " at
a fair value;" in short, to carry out Her Majesty's "order
in Council." It is surely not too much to give the man
who first explores and occupies new tracks of country, at
the risk of his life and property, a preferable claim to
purchase "at & fair value." The Australian pioneer
required nothing more, and the Queen in Council con-
ceded that right to him, under the authority and sanction
23
of Parliament; and the honour of the nation requires to
secure him in his just and lawful rights, and to cause him
to be indemnified for the encroachments made upon his
rights by the representative of the Crown.
The minutes of arguments adduced by a deputation of
occupiers of Crown lands, through their very able leader
the Honourable J. F. Palmer, the Speaker of the
Legislative Council, are much to the point. See App. 43.
By returns furnished by the Lieutenant-Governor, in
May, 1853, he showed that there was a decrease of lands
under cultivation, from 57,298 acres in 1851, to 36,658
acres in 1852. (See App. 77.) By the same returns he
showed that 726,961 acres had been sold prior to 30th
May, 1853, or twenty times the extent of land under
cultivation.
These returns include the Crown lands in the pastoral
districts under cultivation, as well as the purchased lands
throughout the whole colony ; and if such Crown lands
were deducted, say one-eighth, it would have left only about
4 per cent, of the purchased lands under cultivation ; yet,
in the face of such facts, elucidated by himself, the Lieu-
tenant-Governor went on adding to his array of " agri-
cultural reserves," under the guise of "public requirements,"
without any regard for the remonstrances of the despoiled
tenant of the Crown. The land-jobber, through the con-
stant howling of an ill-informed press, accelerated his
aggressions. They made the public believe that he was
the friend of the squatter, and used means to intimidate
him from his path of duty. The Government was de-
scribed to be a squatter Government the Governor was
declared to be a squatter himself, and to be in league with
the squatters and their representatives in the Council,
and such unfounded fabrications. The squatters, how-
24
ever, knew better to their cost ; and although their claims
" were under the consideration of the Land Board," and
generally considered in a measure dependent upon the
irresponsible will of the Executive, two out of the three
representatives of the three purely pastoral districts voted
with the minority against the Government, in Mr. John-
son's motion of the 23d November, 1852, expressing a
want of confidence in the Government.
The opinions of the Legislative Council will be reviewed
in the next following chapter.
CHAPTER III.
OPINIONS OF THE LEGISLATIVE COUNCIL.
Mr. Johnson's Motion Relating to the Sale of Lands at the Gold
Fields, amended Colonial Secretary's Admission of the Pre-emptive
Right Motion for the Extension of the Settled Districts defeated .
Immediate issue of Leases and Sale of Lands under the Pre-emptive
Right recommended by a majority of 18 to 9 Reference to the Home
Government Provision in the Draft of the New Constitution for the
fulfilment of the Promises of the Crown.
To follow out the arrangement in the Appendix, it is
here requisite to review the votes and proceedings of
the Legislative Council of Victoria, which although fav-
ourable to the claims of the Crown Tenants, can only-
he received as the opinions of a body, which had no
power to interfere with the administration of the Crown
lands.
The first opinion emanating from that body was
arrived at on the 20th July, 1852, when Mr. Johnson
moved, " That an address be presented to His Excellency
the Lieutenant-Governor, requesting His Excellency to
cause measures to be taken for bringing into the market
a large extent of land, suitable for agricultural purposes,
in the immediate vicinity of the Mount Alexander and
26
JBallarat gold fields," upon which an amendment was
moved, to add the following words, " in accordance with
the provisions of the Orders in Council, a due regard at
the same time being had to the rights and interests of the
occupiers of the land." (App. 44.) A long debate ensued,
for a report of which see App. 45 ; during the debate, the
mover of the original motion, whose views were con-
sidered inimical to the claims of the Crown tenants,
stated frankly in his reply, that " if the squatters did
not choose to take the land at a valuation, and when the
Government had the power of appointing two valuers out
of three ; if the valuation was incorrect, it was not the
fault of the law, but of the impracticable Government."
He disclaimed any intention of interfering with the
rights of the squatters, and considered the amendment
unnecessary; but it was thought that the original motion,
if left on the records of the House, without the qualifica-
tion of the amendment, might be construed into an
approval of the illegal sales of land by the executive :
the amendment was, therefore, put to the vote, and
carried. During the debate, the Colonial Secretary,
when speaking of some lands that had been withdrawn
from sale at the instance of an objection raised by the
occupier of the land, said " These lands could be put up
on a future occasion, when a certain notice might be given
to the squatter that a part of his run would be offered
for sale, and the squatter could then, if he choose, claim the
privilege of purchasing such part." Yet, notwithstanding
that explicit course of action pointed out by the organ of
Government, in his place in the House, these very lands
have been since sold to the highest bidder; and the
squatter who applied to purchase them has been denied
the exercise of his option to purchase. He was also
27
debarred from purchasing at auction, because, if he had
done so, he would have become a consenting party, and
would thereby have lost recourse against the Government
for the infringement upon his rights.
Eight days after the amendment of Mr. Johnson's
motion, Mr. Fawkner moved, " That an address be pre-
sented by this Council, requesting His Excellency to
represent to the Queen in Council the urgent necessity
for extending the area of the settled districts of Victoria,
and that His Excellency will be pleased to strenuously
urge upon the Home authorities the vast importance of
the extension, and the necessity for its instant adoption ;
and that such a large addition has been, and is daily
being made to the population of this province, in con-
sequence of the gold found here, that not less than the
whole of the intermediate district, together with all that
extent of country in which gold can be profitably worked,
ought to be included in and under the title of settled
districts." (App. 45.) Upon which Mr. Rutledge moved,
as an amendment, that all the words after " That " be
omitted, with the view to insert the following words,
" That leases be immediately issued to the occupants of
Crown lands, to bear date on the 7th April, 1848, in order
that the lands may be opened for sale under the Order in
Council of 9th March, 1847, in quantities to meet the
demand of the increasing population of the Colony." The
amendment was carried by a majority of two to one
18 to 9 out of a House consisting of only 30 members,
inclusive of the speaker two members only being absent.
The amendment is, therefore, a decided opinion of the
Legislature, as to the interpretation of the spirit of the
Order in Council, and the settlement of the land
question ; and it agrees with the interpretation of Lord
28
Grey and the Crown law officers already adverted to ;
but unfortunately it did not agree with the views of
the Lieutenant-Governor, who took no steps to carry out
the leases.
On the 17th August, 1852, Mr. Fawkner moved "that
an address be presented to His Excellency, that he will
be pleased to withhold the granting of all i lands ' to all
persons who may have claimed, or may claim lands under
the so-called pre-emptive right, conferred, or supposed to
be conferred by the Order in Council, dated England, in
1847, until this matter shall have been brought under
the notice of Her Majesty in Council." Upon which
Mr. Polhman, a nominee, and holding office under the
Government, moved, as an amendment, the insertion,
after the word "lands," of the words " beyond the home-
steads, or such quantity of land as to His Excellency may
appear proper in each particular case, to all persons who
may have claimed or may claim lands under the so-called
pre-emptive right, conferred, or supposed to be conferred
by the Order in Council, dated England, in 1847, until
this matter shall have been brought under the notice of
Her Majesty and Council." The amendment was
seconded by the Colonial Secretary, and carried without
opposition. The representatives of the pastoral interest,
confiding in the good faith of the British Government,
preferred to refer their disputed claims to the arbitration
of the Crown ; in fact, they never recognised any other
power to deal with their claims. Being in the position
of tenants holding directly from the Crown, they fully
expected the Crown, as landlord, to fulfil the conditions
of their leases, which were implemented both by the
Crown and the tenant, as is shown in the first chapter.
It is very apparent that the amendment was the handi-
29
work of the executive ; it did not venture to disturb the
opinion formerly expressed as to the " immediate issue of
the leases/' though it recommended the sale only of such
portion " as to His Excellency may appear proper" until
the matter was referred to the Crown. It was then, as it
had ever been, the desire of the Executive to refuse to
grant the pre-emptive right, and in order to suspend the
granting of that right, and have some reason for refusing
to comply with the expressed wishes of the Legislature,
so explicit in Mr. Rutledge's amendment, and in Mr.
Johnson's amended motion, the Executive got rid of
" immediate " action by a side wind.
The Legislative Council of Victoria made the follow-
ing provision, in the last clause of the proposed new
constitution for that Colony : " Provided that nothing
herein contained shall prevent, or be construed to prevent,
the fulfilment of any contract, promise, or engagement,
made by or on behalf of Her Majesty, with respect to
any lands situate within the said Colony, in any cases
where such contract, promise, or engagement shall have
been lawfully made before the time at which this Act
shall take effect within the said Colony." And the
Legislature of New South Wales made more explicit
provisions, guarding the vested rights granted under
" promise " and " engagement " of Her Majesty, in the
draft of the proposed constitution for that Colony. The
Legislature of Victoria has not since expressed any
opinion on the question.
In a pecuniary point of view, it will be immaterial to the
Crown tenant whether he gets his lease with the privileges
attached to it, or a fair compensation instead thereof.
But the loss of the " run," under any circumstances,
will hurt the feelings of many who have respectively
30
formed attachments to the localities which they redeemed
from the wilds, and which they were long taught to look
upon as their home and the home of their children ; and
no one but themselves know the miseries and anxieties
they suffered there, amidst the insubordination of
pampered servants ; and when their property and their
lives were at the mercy of the aborigines of the country,
it was only the hope of making a home that enabled them
to surmount these dangers and difficulties ; and it is not
without a bitter pang they will part with that hope, the
loss of which no pecuniary consideration can compensate.
CHAPTER IV.
OFFICIAL DESPATCHES TO AND FROM THE COLONIAL OFFICE.
Delay in the Settlement of the Question Strength of Claims con-
fided in Want of Representation Compensation suggested by the
Duke of Newcastle Errors regarding the Views and Claims of the
Squatters Development of the Resources of the Colony Compensa-
tion suggested by the late Lieutenant-Governor Error regarding the
Maximum of Pre-emptive Right Quibbling Governor can only legally
refuse to sell such Lands as are described in the 7th Section of the
"Order in Council" Admission of Claims Injustice of antedating
the Leases Appeal to the Law Sale for speculative purposes Illegal
Infringements unnecessary Colonial Secretary's interpretation of the
Privileges of the Crown Tenant Disproportionate Sale of Lands under
the pre-emptive right in the several Districts.
The late Lieutenant-Governor, by a long complicated
despatch to the Secretary for the Colonies, which was
more an attempt to justify the illegal encroachments of
his Government than a fair representation of the claims
of the Crown tenants, brought the question before the
Colonial Office. The despatch was dated 28th Decem-
ber, 1852. The early settlement of the question was a
matter of great importance to all parties ; yet His
Excellency allowed upwards of four months to elapse
before he despatched the case to the Colonial Office, and
32
the Duke of Newcastle's despatch of the 23rd Novem-
ber, 1853, did not reach the Colonial public before the
14th March, 1854. In the meantime the squatters
confided in the strength of their rights, and in the
integrity of the British Government they were so much
off their guard, that they did not appoint any one to
represent their claims to the Colonial Office, nor did they
secure the advocacy of any section of the press in either
Melbourne or London. They confided too much in
both their legal and moral rights ; and it is much to be
regretted that circumstances could have led a Minister of
the Crown to write such a document as that evasive,
indefinite despatch of the Duke of Newcastle's. (See
App. 54.) The instructions to the Governor, in the
twenty-fourth paragraph of that despatch, are absurd in
the extreme : namely, to give a nominal lease to such
parties as may be silly enough to give up their equitable
title to a bona-fide lease, with an option to purchase at a
valuation. At the same time, the suggestions in the
twenty-sixth paragraph, proposing a scheme of compen-
sation from the lands of the Colony, is perhaps the most
practicable mode for the indemification of the destruc-
tion of vested rights.
The late Lieutenant-Governor, in the sixty-sixth para-
graph of his despatch, of the 28th December, 1852,
writes " that the extension of the pre-emptive right over
the whole of the lands covered by their lease, with the
exception of such portion as the Crown may be legally
considered empowered to reserve from, or withdraw from
occupation, under the 9th section, was neither asked for,
nor dreamed of in this Colony, either by the settler or
the executive Government." But His Excellency must
have forgotten facts, as, with that very despatch, he sent
33
inclosures to show that parties had very early challenged
his power otherwise to dispose of the land upon their
runs : see Messrs. Moore & Griffiths, Messrs. Jeffries,
and Messrs. Booth & Argyle's claims. (App. 25, 41, and
60.) Again, in the sixty-seventh paragraph, His Ex-
cellency writes, " Why should the lessee have the
advantages of that purchase under the pre-emptive right ?
I cannot for my part assign a satisfactory reason." No,
he could never see any reason for the fulfilment of Her
Majesty's promises, nor for the obedience of the orders of
superiors, though given under the solemnity of advice
from the law officers ; far less could he see the moral
claims of the men who had, at the risk of life and
property, explored and occupied a country lying waste
and wild for ever before a country which, were it not
for their untiring exertions, would yet be in its primitive
state of unproductiveness; and the wonderful golden
treasures of Australia would yet be undiscovered. But,
in the seventy-fourth paragraph, His Excellency comes to
the conclusion that "if the Orders in Council, when
properly interpreted, are seen to have given to the stock-
holder rights which cannot now be justly taken away, I
believe I speak the sentiments of the Colonists as a body
let compensation be made at any sacrifice, but at every
risk let these exclusive rights, where they are seen to
operate to the public disadvantage in appearance, if not in
reality, be done away with." The opinions of the Crown
law officers are, that the Crown tenants have such
exclusive rights ; why, therefore, not come to the point
at once, and say that as these exclusive rights are ap-
parently disadvantageous, take them away and give
compensation for them.
The Duke of Newcastle, in the sixth paragraph, of the
despatch, (App. 54,) writes, "they seem to have en-
joyed up to this time the full benefit of leases ;" in which
he is greatly in error, as they were denied their privilege
of the option to purchase. His Grace is much in error
again in the seventh paragraph, and is evidently misled
when he writes, " It was not intended to give them
advantages beyond other members of the community
towards becoming purchasers of land, except to the very
limited extent required for their actual accommodation."
His Grace could not have made himself acquainted with
the " Order in Council," or the 9th and 10th Victoria,
or he would not have penned such a sentence. The words
in the 6th section of the Order in Council are, " any
portion not less than 160 acres ;" the minimum is limited,
but the maximum is certainly not : if the quantity be less
than 320 acres, the purchaser to have to pay the expense
of survey, so that the Order in Council, in place of
restricting the sale, offered a premium to any one buying
not less than 320 acres.
The Duke, in the fifteenth paragraph of the unfor-
tunate despatch so often referred to, says, *' In the next
place, although the lessee in an unsettled district has an
exclusive right of purchase during the currency of his actual
or assumed lease, I find no provision in Section 6 com-
pelling the Governor to sell such lessee any land on his
demanding it." But how can the lessee have an "exclusive
right to purchase," if the Governor is not bound to sell ?
No barrister retained to plead could use more quibbling
arguments. If His Grace had referred to the 7th section
of the Order in Council, he would have found that such
lands as the Govenor can refuse to sell are described in
that section ; and, with the exception of such lands, the
35
Governor is clearly bound to sell all or any of the lands
the lessee may require upon his run.
Yet, in the tenth paragraph, His Grace appears to
admit almost every claim of the lessee. He says, u they
appear to be entitled to demand leases, for terms not
exceeding eight and fourteen years respectively the
right of pre-emption in the intermediate district ex-
clusive right of purchase in the unsettled district and
renewal of the lease."
But the only point which His Grace arrives definitely
at, is the antedating of the leases to the 7th April, 1848 ;
and had the occupants had the full benefit of leases, as
His Grace inferred they had had their applications to
purchase under the pre-emptive right been approved of
there would be less to complain of the antedating of the
leases; but that right was denied to them, and lands
which of right ought to have been theirs were illegally sold
by auction to speculators, who are now enriched by the
increased value of these lands. Parties who have
suffered in that way may appeal to the courts of law,
unless the Crown affords them redress.
In the seventeenth paragraph, His Grace says, "It
was intended to prevent land comprised in these runs
from being sold by Government to parties purchasing
for mere speculative purposes." Exactly ; such was the
intention of the Act: and if land is sold by auction, how
can the Government prevent speculators from purchasing
it ? It is utterly impossible. And it is well known that
nearly all the lands sold by Government are purchased
on speculation ; in confirmation of which, see (App. 64)
sales of land at Melbourne and Geelong, in June, 1854.
In the Melbourne list of land sold, near the Mount
Alexander road, and only "from eleven to sixteen miles
36
from Melbourne," the first purchaser is Mr. Taylor, a
large landed proprietor, down for 7 lots, of 640 acres
each ; again, in the same list, there is Mr. Clarke, the
largest landholder in the Australian Colonies, and perhaps
the richest man in the southern hemisphere, adding 10
lots to his princely domain. Take the Geelong list, and
out of 46 lots sold, Mr. William Harding, another large
landholder, has bought 15 lots, or nearly one-third of
the sale. These gentlemen have a perfect right to buy
as much as they can for any purpose ; but the system
shows that it is as perfect an absurdity for the Govern-
ment to say, that land sold by public auction to the
highest bidder is a sale for public purposes such as are
enumerated in the 9th section of the Order in Council
as the buyer can apply the lands to the most worthless
purposes. It may be in place to add here, that a great
deal of lands illegally sold upon the licensed runs are not
used for any purpose whatever; they are merely held for
a rise in price. The sale of the lands ought to be en-
couraged as much as possible ; but in selling the lands
there is no necessity for infringing vested rights. Let
the Government put a fair price upon the land, and
require the Crown tenant to exercise his option of pur-
chase within sixty days; or, if more satisfactory to the
public feeling, extinguish the leases and the pre-emptive
right by a fair compensation, when the lands would be
legally open for sale.
On the 22nd March, 1848, the Colonial Secretary,
under instructions from the Governor, and advice of the
Executive Council, wrote to the Superintendent of Port-
Phillip, " If Mr. Coghill's run be brought within the class
of intermediate lands, the Governor may sell any portion
of it at the end of each year, on giving sixty days' notice,
37
but Mr. Coghill will be entitled to exercise the pre-emptive
right conferred on lessees." (App. 32.) Nothing could be
clearer than the interpretation thus given of the power of
the Crown, and the privileges of the tenant, and nothing
can justify the illegal encroachments made by the Super-
intendent, in direct opposition to the views of the
superior Government.
It is very remarkable, that, although the settled district
is of very limited extent, and the pre-emptive right limited
to a single section upon each run, that there has been
nearly as much land sold within it, under the pre-emptive
right, as has been sold in both the intermediate and
unsettled districts; and that at a lower price. (App< 49, 50.)
CHAPTER T.
EFFECTS OF THE GOLD DISCOVERY.
Gold discovered in Victoria on the 8th July, 1851 Derangement of
the industry of the Colony Agricultural decrease High prices Im-
policy of refusing the pre-emptive right Bad faith of the Executive
Sufficient land legally open for Sale Leases due long before gold was
discovered Crown tenant entitled to the increased value of lands
applied for Population quadrupled High "W ages diverted many from
the Gold fields Gold fields inexhaustible Auriferous soil not adapted
for agriculture Eich volcanic soil convenient Produce of bulky articles
practicable Gold exchanged for Flour Expense of farming Squatters
the principal agriculturists near the Gold fields Their importance
acknowledged.
The discovery of the first gold field in Victoria was made
known to the Government and the public on the 8th
July, 1851. In the month of September following, there
were 532 licences issued. During the latter months of
1851, and the whole of 1852, there was a regular rush
of people, first from the distant parts of the Colony and
the neighbouring Colonies, and afterwards from all parts
of the world, racing to the diggings. Doctors left their
patients lawyers their clients shepherds their flocks
farmers their crops merchants their stores builders
39
their contracts sailors their ships; and all joined in the
scramble at the gold fields. At one time there must have
been three-fourths at least of the male adult population
at the gold fields. Some of the smaller townships were
said to have been left entirely to the care of the women
and children. Agriculture decreased 40 per cent, in 1852.
Prices of hay, flour, and potatoes rose to <100 per ton.
The Melbourne press blamed the squatters and the land
system, when they ought to have blamed the Government,
and those who deserted their farms in their scramble for
gold. The Executive listened to the clamours of the
press, and, in place of granting the homestead sections to
the squatters at once, which would have gone far to have
met the agricultural wants, it left their applications under
the withering delay and uncertainty of the " considera-
tion of the Land Board " for years ; and it was not until
1854 that some of these applications for land close to the
gold fields were approved of.
In bad faith the Executive, notwithstanding the
reference of the question to the Home authorities, sold
the lands; and in place of complying with the law, as
interpreted by the Imperial Government, the Crown
law officers and the Legislature, it invaded the sacred
precincts of the law, violated the rights of property, and
repudiated the promises and contracts of the Crown, as
has been proved in the first chapter.
The Executive may shelter itself under the miserable
plea of expediency ; but, with a firm, decided, energetic
Government, there would have been no such plea for ex-
pediency. For had the leases been granted, and the lands
thrown open for sale under the Order in Council, as
pointed out by the Legislature, (App. 45,) there would
have been ten times yea, an hundred time?; more land in
40
the market than was required, and the law would at least
have been respected. It was not the place of the Govern-
ment to exact the uttermost farthing for the land ; but if
the land had peculiar advantages, the Governor had the
legal power of exacting full value for it. Why then
should the Government not have taken the legal mode of
disposing of it ? Because it was an " impracticable
Government," and perhaps because it was jealous of the
wealth and respectability of the Crown tenants as a class.
The Crown tenants ought to have been in possession
of their leases years before gold digging was known in
Victoria ; indeed His Grace of Newcastle held them to
have been in possession of their leases since 1848, by his
instructions to have the leases antedated. (App. 54.)
They had, at all events, both a moral and a legal right to
have had their leases ; and it is hard that, through the
delay and indecision of the Executive, they have been
precluded from the benefits of the leases. Assuming
that they had their leases, and that their pre-emptive
applications had been "approved of," when made years
ago, (which ought to have been,) would they not be as
much entitled to the recent rise in the value of property
as those who hold property in Melbourne and the settled
districts are ? Most decidedly they would ; but their
applications were received (not refused), and left to the
slumbering " consideration of the Law Board " for years,
during which time their expectations of purchase pre-
vented them from otherwise investing their capital in
land.
A migratory people, consisting chiefly of males, col-
lected from all parts of the world at the gold fields, and
the population of Victoria, from some 70,000 in 1851,
quadrupled itself in the three following years : it being
41
now estimated at 280,000. The high rate of wages
abstracted a large proportion from gold digging pursuits
in 1853 and 1854 ; and although the population of the
Colony has been greatly augmented during these years,
the real gold mining population has increased but very
little during that period, which accounts for the apparent
falling off in the produce of the gold fields ; but which
are still steadily yielding up their treasures in abundance,
are increasing in extent, and are likely to occupy the
labour of ages to exhaust them. New South Wales,
though not hitherto so rich as Victoria in auriferous
deposits, is of much larger extent, and the probability is
that an equally rich gold field will yet be discovered in
that Colony, where the gold is known to be widely
spread over its surface, and where the geological forma-
tion is very similar. The auriferous soil is generally very
poor, and ill adapted for agriculture ; but there are
generally patches of rich volcanic soil on the margin of
the auriferous formation, where it is desirable that
agricultural farms should be established, to supply the
gold mining population with the bulkier articles of
produce, such as potatoes, hay, &c. &c. But Foreign
growers, having cheap labour, can undersell the Colonial
grower in portable articles, such as flour; and the pro-
ducer of gold, like his predecessor the producer of wool,
will find it to his advantage to exchange his gold for
flour; and his doing so will increase the exports and
imports, and so add to the commercial importance and
wealth of the country ; for while the Victorian can dig
twenty shillings worth of gold per day, which he can do
on an average, his labour would be otherwise misapplied in
digging on agricultural lands for less. The expense of
erecting buildings and fences, clearing and breaking up
42
new land upon a farm, purchasing seed, working cattle and
horses, drays, ploughs, harness, furniture, &c. &c. is so
great, that it requires a much larger capital than is gene-
rally supposed to establish a moderately-sized farm ; and
a farm on a small scale is in proportion much more expen-
sive. The price of the land is small compared with the
outlay required in farming it. The fortunate gold-digger who
has the means of working a farm, generally prefers re-
turning to the locality he came from. The sale of lands
should have been encouraged in place of having been locked
up through the unjust indecision of Government ; and it
was of little consequence to the public whether the lands
were purchased by the occupant, or, as they now are, by
the land-speculator. But had the occupants been allowed
to purchase the lands at a fair value when they applied to
do so, they would, from their practical knowledge of the
country, and the command of means, have long since
established farms, and so have met in a great measure the
agricultural wants ; indeed, they were then the only class
that could at all provide for such wants ; and, even with
their limited purchases, which have been tardily allowed
to them, they are the principal agriculturists in the neigh-
bourhood of the gold fields ; and, to use the language of
the late Lieutenant-Governor, in the 73d paragraph of
that dispatch so often referred to in previous observations,
their importance is justly verified. " That the pastoral
interest should be protected requires no demonstration.
Its due maintenance is for the present as necessary to the
welfare and prosperity of the provinces as for the advan-
tage of the mother country. It never can be overlooked,
that but for the supplies which it has been enabled to
pour into the gold districts, to the assistance of the thou-
sands upon thousands rushing, without due preparation and
43
foresight, beyond the reach of the ordinary means of sus-
tenance, the riches of the gold fields themselves could
never have been developed as they have been. The pe-
culiar and embarrassing circumstances in which this great
interest is seen to be placed, in consequence of these very
gold discoveries, may present further argument why it
should meet with every degree of consideration." In the
paragraph, just quoted, and in the 74th paragraph of the
same despatch, proposing compensation, which has been
already referred to, it must be admitted that his late
Excellency has, in justice, in a great measure, acknow-
ledged the damage, with the view of repairing the acts of
his own administration.
CHAPTER VI.
GENERAL OBSERVATIONS IN CONCLUSION.'
First Settlement of Port Phillip in 1835 Difficulties of the Early
Settlers Result of their success Created Commercial Prosperity
Provided Means for the development of the Gold Fields Led to tho
Discovery of Gold Production of Enormous Exports Ex- Squatters
greatest Opponents to the Pastoral Interest Mr. Foster's interpretation of
the rights of the Squatters, in 1851 Wages in Victoria in August, 1854
Duke of Newcastle's application of the same Law differently Opinions
of eminent Barristers Mr. Robert Lowe's interpretation, in 1847
Second Edition of the "Order in Council" proposed the People mis-
guided by the Press Produce of Two Millions' worth of Animal Food
Modification of the Land Regulations Scheme of compensation by
the Melbourne Chamber of Commerce Condemnation of the Procrasti-
nation of the Lieutenant-Governor, and the Despatch of the Duke of
Newcastle Home Government's responsibility Legal Proceedings in
defence of Eights Prevention of a state of Anarchy Settlement
of the Question before the control of the Crown Lands is given to the
Local Legislature Representation of Pastoral Interest swamped
Dictation of the Press Honour of the Crown pledged Legal and
Moral Claims entitle the Crown Tenants to a recognition of their
rights Abstract Conclusions.
It is only nineteen years since the first settler, Mr. Bate-
man, landed on the shores of Victoria, then Port Phillip ;
and the result of that settlement is wonderful in the
extreme. Without any assistance from the Government,
45
the settlers risked their all their lives, their proper-
ties; and, amidst hidden dangers, weary toils, endless
cares, and sore annoyances, they spent the best part of
their lifetime away in a comfortless, friendless, homeless
wilderness; where not a few lost their lives at the treacher-
ous hands of the savage ; where many lost their capital ;
and where those who succeeded, did so only by long-
continued exertions and severe privations. However,
time and perseverance overcame many of their difficulties:
their flocks increased under careful management; so that,
in fifteen years from their first settlement, they exported a
larger quantity of wool from Port Phillip than did any
other port in the known world a result almost pro-
phetically foretold by Captain Macarthur a result so
beneficial to the mother country and to the Colonies
a result which created a commercial community, employed
a large shipping, and built a city at Melbourne a result
which now providentially provides food for the multitudes
rushing from all nations to reap the golden harvest, and
which led even to the discoveries of these long-hidden
treasures, and to the production of exports amounting
annually to about 12 millions, and that from about a
quarter of a million of people, being a rate ofi8 per head
for every man, woman, and child in the Colony a produc-
tion certainly unparalleled in any age or country before.
If such results are not morally worthy of gratitude, they
ought at least to secure the lawful recognition of the rights
of those whose energy and perseverance produced them.
For, were it not for the squatters, Melbourne would yet
have been a small straggling village, and the gold fields
still an unproductive hunting-ground, under a few bar-
barous, cannibal savages.
It is a most remarkable fact, that the most unreasonable
46
opponents of the pastoral interest whether as members
of the Legislative Council or as editors of local news-
papers are those who were unsuccessful squatters them-
selves, and who would not battle out the difficulties of
the "bush." On retiring, they of course sold their
runs at the best price they could get. Is it, therefore,
consistent with any principle of justice or honour, on their
part, to advocate the confiscation of those very runs for
which they received a consideration ? in short, to induce
one to buy a commodity, and then turn round and try to
destroy it. No terms can be too strong to condemn
such acts.
The following quotation from a work written in 1851,
by J. F. L. Foster, Esq. formerly member of the Legis-
lative Council of New South Wales, now the honourable
the Colonial Secretary of Victoria, justly ascribes the
cause and foundation of the prosperity of Victoria to the
"energy of the squatters." It also interprets the condi-
tions upon which the squatters hold their " improved tenure
of land;" which interpretation, coming, as it does, from one
of great acuteness, who had ten years' experience in
Australia, who had been bred to the legal profession, and
who now holds the most important office under the local
government, may be considered valuable, and thoroughly
disinterested, as it was given at a time when that gentle-
man was untrammelled with the chains of office; and who
it is hoped will not now forget his interpretation of 1851,
which is as follows :
"To the pastoral resources of the Colony however must
be assigned the first place, as the cause and foundation of
the prosperity above described. Of the exports, accord-
ing to the official returns for 1848, out of a total of
658,511, 654,938 were strictly the produce of the
47
flocks. Due importance must therefore be ascribed to
the energy of the squatters, and to the nature of their
pursuits, which enables them at once, without expense, to
make the land available for man.
" In this body may be found men of a description little
to be expected from the barbarous appellation of 'squatter,'
adapted by them from the Americans, who used it to de-
signate a very different class. Among them may be found
men retired from their professions, whether clerical, mili-
tary, naval, legal, or medical ; younger sons of good, even
of noble families, who prefer seeking an active indepen-
dence to pursuing the lounging life of drones in the mother
country. Rough, no doubt, was at first their mode of
living, and many were the privations of the early settlers ;
but a great change in their condition has taken place,
partly from the increase of their means, partly from the
improved tenure of land, which has been lately granted
to them by the Government. Formerly all Crown lands were
held by annual licence, the charge for which rested with the
Governor. These by usage were renewable and transfer-
able, but were liable to, and sometimes were, the subject
of arbitrary decision. At present the country is leased for
terms of one, eight, or fourteen years; compensation for im-
provement is secured to the tenant, the right of pre-emption
is granted to him, and his rent is ascertained."
The above quotation is a very clear interpretation of
the "Order in Council." The charge formerly made rested
entirely with the Governor, who could raise the charge,
and even withhold a renewal of the licence, at his pleasure.
But the ? Order in Council," so often referred to, "secured
to the tenant the right of pre-emption, and his rent is
ascertained." It so rendered him independent of an
48
"arbitrary decision " of a Crown Land Commissioner, or a
whim of an irresponsible Governor.
In illustration of the expenses of a sheep station in
Victoria, the following return of wages, with board and
lodging, is extracted from a letter from that Colony, dated
20th August, 1854. Shearers obtained 305. per 100 ;
ploughmen and bullock drivers 40s. per week, with board
and lodging ; day labourers, 10*. without rations, last
season. It need scarcely be said, that the production of
wool requires encouragement.
Mrs. M'Leod and three Sons, \
Donald M'Leod, shepherd, /
Duncan H'Leod, do. boy, j 200
Murdoch M'Leod, do. adult, J
Roderick Gillies, "Wife, and three Sons (two of them
boys), all employed hut-keeping and shepherding, 250
Michael Hanlin, shepherd, 60
Mrs. M. Hanlin, hut-keeper, 50
Michael Hanlin, junior, stock-keeper, 75
John Hanlin, shepherd, (lad about 16,) 60
Edward Hanlin, hut-keeper, (boy,) 60
295
Richard Spence, hut-keeper at head station, 65
Richard Day, general servant, 80
890
It is publicly reported that the Duke of Newcastle has
addressed a despatch to the Governor-General of Austra-
lia, to say that his despatch to the Lieutenant-Governor
of Victoria, on the land question, is not applicable to
New South Wales. But his Grace ought to know that
Victoria was a district of New South Wales at the time,
and for several years after the promulgation of the " Or-
der in Council," and that the rights accruing therefrom
are common to the occupiers of Crown lands in both Co-
lonies. Why, therefore, should the colonists on the south
bank of the Murray be placed at a disadvantage with those
49
on the north bank of that river, when they are all subject
to the same law, which conferred equal rights to both.
The Resolutions adopted at a meeting, on the 2d of
September, 1852 (App. 51), and the Petition (App. 53),
are much to the point, and the opinions of the Crown
tenants as a body are thereby fairly expressed.
The opinions of three eminent barristers, Messrs. Pal-
mer, Fellowes, and Lowe, (App. 55, 56, and 57,) are
clearly in favour of the claims of the Crown tenants. The
opinion of the latter was voluntarily given before any ag-
gression was contemplated by the authorities; and it is
trusted that that gentleman, who now holds an honoura-
ble office under the British government, may, if consulted
on colonial matters, see cause to adhere to the disinte-
rested interpretation publicly given by him before any
question was raised. Indeed, the " Order in Council "
is so explicit, that it cannot fairly bear any other inter-
pretation.
It is rather amusing to observe avowed opponents of
the present squatting system the candidates for the re-
presentation of Geelong, on giving their views on the set-
tlement of the land question unwittingly proposing a
second edition of the present system. Mr. Carr " consi-
dered that the land should be surveyed far and wide, and
that new arrivals should be enabled to take possession of
the land at once, at a reasonable rent, with a right to pur-
chase." "Mr. Fife's views coincided with those of Mr.
Carr." The inference to be drawn from the expression
of such views by public men, in opposition to each other
upon the hustings, is, that if there was no " Order in
Council " establishing rights to leases, or pre-emptive
rights to purchase, that the Colonial Legislature would
50
establish such rights. Mr. Fife has been returned, and
may produce the new edition.
The incessant clamours of the Melbourne press misled
the people, and especially the new arrivals at the gold
fields, to look upon the preferable rights, justly conceded
by law to the first occupiers, as unfair towards themselves.
They were easily led to believe that they had every right
which the Crown tenants had. They were left ignorant
of the fact that the squatters provided two millions' worth
of animal food for them. They can import flour cheaper
than they can produce it; but they cannot import but-
cher's meat, without which they cannot well exist. It is
therefore their interest to encourage the production of
that essential article of diet as much as possible, and not
to be misled by demagogues.
The press knew that it was palatable to the great bulk
of the people, as well as to the land speculator, to cry
down the Crown tenants as obstructive monopolists, and it
pandered to their feelings in a mercenary spirit. The people
knew not the legal nor the moral claims which the Crown
tenants had, otherwise they would not have looked upon
them with a jealous eye. Under such a state of things,
first brought about by the obstacles thrown in the way by
the Lieutenant-Governor's illegal refusal to grant the
pre-emptive right; and, latterly, by the influx of people
to the gold fields; it may be judicious to modify the
waste lands act, so that provision may be made from the
Crown lands for compensation for the abrogation of exist-
ing rights. But, in any modification that may be made,
it will be well to bear in view, that, in a pastoral country
like that of the greater part of Victoria, it is absolutely
necessary that the lands in the pastoral districts be held
in large blocks of say not less than eight sections, or 5120
51
acres each. The present mode of selling not more than
640 acres in one lot may suit the agricultural districts ;
but, for pastoral purposes, large blocks are absolutely
essential. Practical experience has proved that small
blocks are in a manner worthless for pastoral purposes ;
and the " Order in Council " wisely made a rule that no
run should be less than sufficient to hold 4000 sheep.
Even in the United Kingdom, where lands are dear and
labour cheap, it is found requisite to have the grazing
farms large in extent, and even to increase the size of the
smaller agricultural farms.
On the 10th August last, according to public report,
the Melbourne Chamber of Commerce adopted a Re-
port, by a majority of 12 to 2, recommending compensa-
tion, by remission land orders, to be given to the squatters
in lieu of their leases and pre-emptive right. (App. 58.)
Such report, emanating from a commercial body, and
from a chairman who has publicly declared himself in op-
position to the pastoral interest, is of much signification.
The chairman very candidly admitted " that the result of
that inquiry was to stagger him, and he believed the rest
of the committee." The Report condemns the procrasti-
nation of the late Lieutenant-Governor; and it severely
censures the Duke of Newcastle for shrinking from the
responsibility of deciding, and for writing such an eva-
sive despatch.
The principle enunciated in the Report is sound in the
abstract, but the uniform rate of compensation is practi-
cally wrong; because a short lease in the intermediate
district, liable to be terminated at the end of every year,
is not nearly so valuable as a long lease for a fixed term,
with an exclusive right of purchase, in the unsettled district.
The rate suggested by the committee may be a fair
52
rate for indifferent runs in the intermediate, though not
half enough for good runs in the unsettled districts.
It was not formerly the part of the Crown tenants to
suggest any modification of the land regulations, to meet
an apparent exigency; but it was certainly the part of
the executive, before it invaded the rights of property, to
make provision for the indemnification of the destruction
of such rights; and now even, it is only those who have
actually suffered direct losses, from the illegal sale of their
runs, who have legal recourse against the authorities;
though all have suffered, and all are suffering, from a
want of security of fixed tenure. Those who have suffered
directly, from the illegal sale of their runs, are sure to
institute proceedings in defence of their rights ; and, un-
less the Government abide by the law, or provide for the
indemnification of those who suffer from a breach of the
law, a state of anarchy will ensue, which will be detrimen-
tal to all the parties concerned, alike disgraceful to the
Government, and injurious to the Colony at large. But
if it is deemed desirable to take away such rights, and to
grant an indemnity in lieu of them from the land fund,
let the necessary arrangements be finally completed by the
Crown, before the control of the management of the
Crown lands is handed over to the local Legislature (as
is justly proposed to be done under the new constitution);
for however favourable the views of that body have hitherto
been, relative to the claims of the pastoral interest, the
formation of townships and agricultural settlements within
the pastoral districts has destroyed the representation of
that interest. It would therefore be most repugnant to
the principles of British jurisprudence, and manifestly
unjust, to refer the arbitration of such claims to a body
interested, and principally constituted in hostile opposition
53
to the establishment of such claims; and, besides, it would
never satisfy the claimants.
This long vexed question once settled, the Crown
tenants could fraternise with the other classes, and all that
rancour of class interests would soon be absorbed in a
common interest, so essential to the peace and prosperity
of the Colony.
The eternal principles of truth and justice, inherent in
humanity, will undoubtedly, sooner or later, require that
justice be done the injured pioneers of Australian wealth
and civilisation ; and Government will yet feel that it is
wiser, and safer in the end, to follow out a direct course
of justice, than to succumb to the dictation of a mercenary
press, and so be carried downward in the dark polluted
stream of base expediency.
If the Government wishes to maintain the pledged
honour of the Crown to respect the purity of justice
to uphold the power of the law to protect the rights of
property and to prevent a state of anarchy in the colo-
nies, it will immediately interpose its authority, and award
that justice to the despoiled tenants of the Crown, which
both their legal and moral claims entitle them, as loyal
subjects, to demand.
From the evidence of the documents embodied in the
Appendix, the writer assumes that he has fully demon-
strated the following conclusions :
1. The legality of the rights claimed by the Crown
tenants.
2. The illegal infringement of such rights by the
Government.
3. The impolicy and the injustice of infringing and of
withholding the exercise of such rights.
54
4, The justice of compensating those tenants who have
already suffered by the illegal sale of their runs.
5. The expediency of either modifying the law, to
provide an indemnification for the abrogation of existing
rights, or a strict adherence to the law in security of such
rights.
Having demonstrated such facts, the writer confides in
the justice and wisdom of the Government, in speedily
redressing the grievances of a great and important interest,
which are thus represented.
HINTS UPON EMIGRATION.
The Australian Colonies are of the greatest importance,
as an outlet for the surplus population of the mother
country, and even of that of the whole of Europe. And
as emigration may be diverted from these colonies, through
the prevalence of erroneous impressions regarding the
claims of the Crown tenants, it may be desirable, in order
to completely remove such impressions, to extinguish such
claims, and to throw the whole of the Crown lands open
to the highest bidder, compensating, of course, the present
occupants for the surrender of their rights : not that there
is really any thing in the present system to prevent suffi-
cient land being sold, but to get rid of all dissatisfaction,
however unjust it may be, and to encourage emigration.
It is the scarcity of labour, and not the scarcity of land, that
keeps agriculture in the background; indeed, there is not
one-twentieth of the land already sold under cultivation.
There is an abundance of the finest land in the world, in
the three colonies of N. S. Wales, Victoria, and South
Australia ; and Victoria, whether as regards pastures,
agricultural soil, or gold deposits, is unquestionably the
richest country of equal extent in the known world. Any
delay or mismanagement of the development of such
brilliant resources, is a loss to the British empire.
56
The climate is healthy, and well adapted for Europeans;
and, with the exception of a few weeks of hot winds an-
nually, it is on the whole very agreeable in the country
districts ; but in the city of Melbourne, from the want of
sewerage, and the proximity of a large extent of low
marshy ground, it is not so healthy, and young children
suffer much from the miasmata, which drainage may re-
move: the country, on the contrary, is remarkably healthy.
The clouds of dust whirling in the streets of Melbourne,
during the hot months of summer, are most disagreeable
to the eye; yet, strange to say, that organ is less subject to
opthalmia than it generally is in warm climates. A light
frost frequently occurs in the winter months in Melbourne.
Snow falls very seldom, and never lies long.
The writer has been often applied to for advice to in-
tending emigrants; and, as many pitiful cases of unsuitable
immigrants came under his notice in the Colonies, he
considers it a charitable duty to point out the difficulties
that lie in the way of some classes : and the advantages
to others. For instance, those of the middle classes, with
young families under ten years of age, either without capi-
tal or with a little capital, have no inducement to go to
Australia. The high rates paid for house rent, fuel,
water, provisions, &c. even without the luxury of servants,
soon swallow up a little capital ; indeed, it is better to be
without capital than to place dependence upon a little
capital. The man, again, without any capital, however
respectable he may have been in his native country, must
be prepared for immediate difficulties and disagreeables on
landing: probably to break stones upon the public roads,
at 10s. or 12s. per day, having his wife and helpless chil-
dren cooped up in a small hovel, or huddled together under
the shelter of a tent, without sufficient fuel or water, and,
perhaps, without proper food ; the youth of his children,
if they exceed two or three in number, prevents him from
being employed far up the country on sheep stations,
where he would at least get sufficient food and shelter,
and where, probably, his services would be appreciated.
Letters of recommendation are worth very little. Again,
young men of idle and unsettled habits cannot go to a
worse place, as, ten to one, they will become more dissi-
pated, from being able to spend more, from the receipt of
high wages.
On the other hand, single men or women, or married
couples with not more than three children under ten years
of age, cannot fail of bettering their condition in life, if
they are steady and industrious. But those who are most
suitable, and who cannot well fail of speedily realising an
independence, are families the parents of which have
reached or passed middle age, with their children nearly
grown up, that is, from 10 years and upwards. A steady
man with his wife, and 3 or 4 boys above 12 years of age,
can readily get employed upon a sheep station, at wages
from 200 to 300 per annum, with board and lodging ;
a careful boy of 12 being well able to shepherd a flock of
sheep on a level open country. Such families are able to
save nearly all their wages, and are thereby soon enabled
to purchase a'small farm ; and, from having labour within
themselves, very soon reach a state of great independence.
The able-bodied labourer has a good field for his labour,
eitheruipon the roads or public works, at about 12s. per
day, or at the gold-fields, where, if steady and industrious,
he may calculate, on an average, of obtaining 1 worth
of gold per day.
The skilful mechanic gets much higher wages, the rate
of which fluctuates with the extent of building operations
58
in progress, now much reduced through commercial diffi-
culties. The great glut of merchandise, blindly poured
into Australia, has nominally damaged the reputation of
it as a field for emigration; though really such commercial
losses are a profit to the emigrant, who can get supplies
and accommodation on reasonable terms now ; and al-
though building operations may be suspended in Mel-
bourne for a temporary time, the railways and water
works in progress, and the average yield of gold, will
prevent wages from falling much ; indeed, the emigrant's
prospects are better than ever.
Provisions are much cheaper at Melbourne than at the
gold fields, where the prices depend upon the state of the
roads, and upon the rate of carriage. In summer, goods
are carried from Melbourne to the gold fields for about 10
per ton ; in winter the rate is about 40; it even reached
100 per ton before the roads were made. Butcher meat
is about the same price both at Melbourne, Geelong, and
the gold fields, recently about 9d. per lb. From the
great glut of goods now in the Australian market, clothing
must be obtainable on very reasonable terms.
New arrivals cannot expect such high wages at Mel-
bourne or Geelong as are given up the country, because
it is better for the employer to give a higher rate to men
upon the ground, than to be at the expense and risk of
carrying new arrivals up the country. The following
quotation from the " Geelong Advertiser," of the 23d
Sept. 1854, may be considered correct, and new arrivals
may expect such rates at Melbourne or Geelong.
" Attstrat.tatt Laboub Mabket. Geelong, Sept. 23. Instead of an
increasing demand for hands, as was anticipated from the advanced sea-
son of the year, engagements have been fewer than during the preceding
week, and both the mechanic and the labourer now reluctantly admit
59
wages must inevitably fall, and the more reasonable consider that
reduced wages, with diminished prices for rent and food, and more con-
stant and certain employment, would be to their advantage. "Wages are
as under : viz. Married couples for home stations, with rations, per
annum, 80?. to 90?. ; ditto, for out stations, ditto, 65?. to 75?. ; ditto, with
two flocks, ditto, 80?. to 100?.; shepherds, 40?. to 50?.; hut-keepers, 30?.
to 40?. ; married couples for hotels, 90?. to 100?. ; ditto for private fami-
lies man as groom, woman as house-servant, with rations 80?. to 90?. ;
labourers on the roads and other works, 10s. to 13s. per day, without
rations ; carters for town, without rations, 3?. to 4?. per week ; carters
for ditto, with rations, 35s. to 50s. per week; ditto for roads, with
rations, 21. to 3?. per week; shearers, 1?. per 100, with rations; bullock
drivers for the roads, with rations, 50s. to 3?. per week; ditto for stations,
30s. to 2?. per week ; gardeners, with rations, 60?. to 80?. per annum ;
grooms, ditto, 70?. to 90?. ditto ; farm servants, 20s. to 30s. per week ;
ploughmen, 30s. to 35s. per week ; general useful station servants, 20s.
to 25s. per week; bush carpenters, with rations, 2?. 10s. to 3?. per
week ; carpenters for town work, best hands, 20s. to 22s. 6d. per day,
without rations ; slaters and plasterers, 30s. to 35s. per day, good hands,
ditto ; men cooks for hotels, 2?. to 4?. per week, with rations ; waiters
for hotels, with rations, 1?. 10s. to 2?. ; seamen, for the run to London,
30?. to 40?. ; ditto, Madfas, Singapore, Callao, Mauritius, 25?. to 30?. ;
coasting (A. B.) per month, 8?. ; ditto (O. S.) ditto, 6?. 10s. ; monthly
wages to India, London, &c. 6?. to 71. 10s. ; bay labourers, with rations,
10s. to 13s. per day; female servants, thorough general servants, 25?. to
30?. ; housemaids, 25?. ; laundresses, 30?. ; cooks, 30?. to 35?. ; nurse-
maids, 18?. to 20?. Geelong Advertiser."
The winter is so mild that the live stock require no ar-
tificial feeding ; and both sheep and cattle fatten on the
natural herbage. The only demand for fodder is within
the towns, and upon the thoroughfares, where working
cattle and horses require to be kept.
Melbourne and Geelong are the best ports to disembark
at, on account of the proximity of the gold fields and the
public works in progress. And Victoria is unquestionably
the best field for the emigrant, as wages are about 30 per
cent, higher than in the neighbouring colonies of New
60
South Wales and South Australia, but where there is also
a fine field for the emigrant, though far inferior to
Victoria.
Western Australia is a poor miserable place, with a
hungry sandy soil, ill adapted for either pasture or culti-
vation; and it is much to be regretted that a British
community should be left to pine in such a place, when
there are millions of acres of rich lands on the same con-
tinent lying waste for the lack of occupants. If punish-
ment was the only object in transporting offenders there,
it would certainly be attained with a vengeance. The
emigrant will do well to avoid such a place, both on ac-
count of the poverty of the soil, and of its being a penal
settlement.
The rate of labour in Victoria is regulated by the yield
of the gold fields, though it is generally cheaper in winter
than in summer. Hitherto the yield of gold has been,
upon the whole, very steady in Victeria; and, from the
great extent of auriferous ground already discovered, there
is no risk of its being exhausted for many generations to
come : besides, more discoveries are sure to follow. The
writer, from his knowledge of the country, both in New
South Wales and Victoria, is convinced, from the geolo-
gical features of both colonies, that one tithe of the gold
deposits in Australia are not yet discovered. And the
writer, as the original discoverer of the Victorian gold
fields, may be presumed to be somewhat of an authority
upon that subject. His claim to the discovery was proved
before a Select Committee of the Legislative Council of
Victoria last session.
The emigrant, unless he has the means of supporting
himself for a few months at the diggings, had better ac-
cept employment at once on landing. Let him avoid en-
61
cumbering himself with more things than he requires on
the voyage.
In Victoria there is a first-rate field for the investment
of capital, either in the purchase of land, of stock and
stations, of bank stock, of mortgages, and in various other
ways. Ten per cent, is considered a very moderate
return, and, under judicious management, a much higher
rate may be calculated on.
Fifteen years' practical experience in Australia has
enabled the writer to offer these few observations, which
he trusts may be useful to intending emigrants.
APPENDIX.
PART T.
No. 1.
CROWN LAND (Sale.)
5 & 6 VlCTOBU, c. 36. An Act for regulating the sale of waste land
belonging to the Crown in the Australian Colonies. [22d June, 1842.]
Whereas it is expedient that an uniform system of disposing of
the waste lands of the crown in the Australian Colonies should be
established : Be it enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, that within the Australian
Colonies the waste lands of the crown should be disposed of in the
manner and according to the regulations hereinafter prescribed,
and not otherwise.
II. And be it enacted, that the waste lands of the Crown in the
Australian Colonies shall not, save as hereinafter is excepted, be
conveyed or alienated by Her Majesty, or by any person or
persons acting on the behalf or under the authority of Her
Majesty, either in fee-simple or for any less estate or interest,
unless such conveyance or alienation be made by way of sale, nor
unless such sales be conducted in the manner and according to
the regulations hereinafter prescribed.
III. Provided always, and be it enacted, That nothing in
this Act contained shall extend or be construed to extend to pre-
vent Her Majesty, or any person or persons acting on the behalf
or under the authority of Her Majesty, from, excepting from sale,
and either reserving to Her Majesty, Her Heirs and Successes,
or disposing of in such other manner as for the public interests
may seem best, such lands as may be required for public roads
or other internal communications, whether by land or water, or
A
for the use or benefit of the aboriginal inhabitants of the country,
or for purposes of military defence, or as the sites of places of
public worship, schools, or other public buildings, or as places
for the interment of the dead, or places for the recreation and
amusement of the inhabitants of any town or village, or as the
sites of public quays or landing places on the sea coast or slwres
of navigable streams, or for any other purpose of public safety,
convenience, health, or enjoyment; and provided also, that
nothing in this Act contained shall extend or be construed to ex-
tend to prevent Her Majesty, or any person or persons acting on
her behalf, or under the authority of Her Majesty, from fulfill-
ing any promise or engagement made or hereafter to be made by
or on the behalf of Her Majesty in favour of any military or
naval settlers in the said Colonies respectively, in pursuance of
any regulations made by Her Majesty's authority in favour or
for the benefit of any such settlers.
IV. And be it enacted, That save as hereinafter is excepted in
reference to blocks of twenty thousand acres of land or upwards,
no waste lands of the crown in any of the said Colonies shall be so
conveyed or alienated as aforesaid until the same shall have been
surveyed, and shall have been delineated in the public charts of
such Colony, in such lots as shall be subsequently offered and put
up for sale, which lots shall in no case, save as aforesaid, contain
an area exceeding one superficial square mile.
V. And be it enacted, That, under and subject to the various
provisions and regulations hereinafter contained, the Governor for
the time being of each of the said Colonies is hereby authorised
and required, in the name and on the behalf of Her Majesty, to
convey and alienate in fee simple, or for any less estate or interest,
to the purchaser or purchasers thereof, any waste lands of the
Crown in any such Colony, which conveyances or alienations shall
be made in such forms and with such solemnities as shall from
time to time be prescribed by Her Majesty ; and being so made,
shall be valid and effectual in the law to transfer to and to vest in
possession in any such purchaser or purchasers any such lands as
aforesaid, for any such estate or interest as by any such convey-
ance as aforesaid shall be granted to him, her, or them.
VI. And be it enacted, That once at the least in each of the four
usual quarters of the year, and on as many other occasions as to
the Governor for the time being of any such Colony shall seem
meet, there shall be holden one or more public sales by auction of
the waste lands of the Crown within such Colony; and that every
such Governor shall, by proclamation or proclamations, to be from
time to time by him for that purpose made in manner hereinafter
mentioned, declare with all practical precision the times and the
places at which such auctions will be holden, and what are the
lands to be offered for sale at each of such auctions, and what are
the upset prices at which they will be offered for sale; and it shall
not be lawful for any such Governor to sell or cause to be
sold any such lands, unless they shall have been specified as about
to be offered for sale by such proclamation as aforesaid, issued at
some time within three calendar months next preceding the actual
sale thereof.
VII. And be it enacted, That in every such proclamation as
aforesaid the lands specified therein as about to be offered for sale
shall be distinguished into three separate classes, the first of which
shall be described as town lots, the second of which shall be des-
cribed as suburban lots, and the third of which shall be described
as country lots ; and within the first of the said classes shall be com-
prised all lands situate within the limits of any existing town to
be in that behalf especially named and described by the Governor,
or within any locality to be designated by the Governor as the
site of any town to be thereon erected ; and within the second of
the said classes shall be comprised all lands situate within the dis-
tance of five miles from the nearest point of any existing or con-
templated town, unless in any case the Governor for the time
being of any such colony shall see fit to exclude any such last men-
tioned lands from the said class of suburban lots, on the ground that
they will not in his judgment derive any increased value from their
vicinity to any such town ; and within the third of the said classes
shall be comprised all lands not comprised within the said first and
second classes : Provided, nevertheless, that nothing herein con-
tained shall extend or be construed to extend to prevent the put-
ting up for sale of lands of any one or more of the said classes
apart from lands of both or either of the other classes.
VIII. And be it enacted, That none of the waste lands of the
crown shall be sold at any such auction in any of the said Colonies
unless the sum of one pound at the least for each acre of such
land be then and there offered for the same, which sum of one
pound per acre shall be the lowest upset price of any of the waste
lands of the crown in any of the said Colonies, but which lowest
upset price shall be liable to be from time to time raised in any
such Colony in manner hereinafter mentioned.
IX. And be it enacted, That it shall be lawful for the Governor
of any such Colony, at his discretion, by any such proclamation
or proclamations as aforesaid, to raise the lowest upset price of
the waste lands of the Crown in any such Colony ; and it shall
be lawful for Her Majesty, by any instructions addressed to any
such Governor, under Her Majesty's Signet and Sign Manual,
with the advice of Her Majesty's Privy Council, either to raise
the lowest upset price of the waste lands of the crown in any such
Colony, or to disallow and reduce back, either wholly or in part,
any increase of the said upset price which, in exercise of the
authority hereby vested in him, any such Governor may, in
manner aforesaid, have made of the said upset price, by any such
proclamation or proclamations as aforesaid : Provided always, that
no such instructions reducing the lowest upset price of land, as
raised by any such proclamation or proclamations, shall be so
issued as aforesaid, by Her Majesty, after the lapse of six months
from the receipt by one of Her Majesty's Principal Secretaries of
State from such Governor of a transcript of any such proclama-
tion : Provided also, that if such upset price be so reduced by Her
Majesty as aforesaid, and if any person shall in the meanwhile
have purchased of the Crown any lands, not being town or subur-
ban lots or special lots, it shall be lawful for the Governor
either to return to such person the difference between the lowest
upset price named by the Governor and the amount to which
such lowest upset price shall have been reduced by Her Majesty,
or to grant to such person or persons lands equal in value to the
said difference.
X. And be it enacted, That it shall not be competent to the
Governor of any such Colony, nor, save as aforesaid, to Her
Majesty, to reduce the amount to which, in manner aforesaid, the
lowest upset price of lands within such Colony may at any time
have been so increased by such Governor or by Her Majesty.
XI. And be it enacted, That in respect of any part not exceed-
ing one tenth of the whole of the lands of the third class for the
first time offered for sale at any such auction as aforesaid, it shall
be lawful for any such Governor, by any such proclamation or
proclamations as aforesaid, to name an upset price higher than the
lowest upset price of waste lands in the Colony, and such excepted
lands of the third class shall be designated as special country lots ;
and that in respect of any lot or lots consisting of lands either of
the first or of the second classes, to be comprised in any such
gales, it shall be lawful for the Governor for the time being to fix
the upset price of any such lot or lots at any sum exceeding the
lowest upset price of waste lands within the Colony in which the
same may be situated, and from time to time to raise or lower, as
to him may seem requisite for the public interests, the price of
such lots, consisting of lands of the first or the second class, so
always that such upset price shall never be less than the lowest
upset price of waste lands within the said Colony.
XII. And be it enacted, That no land comprised in the said
first or second classes shall be sold in any of the said Colonies
otherwise than by public auction ; but that any lands comprised
in the third of the said classes shall and may be sold by the
Governor for the time being of the Colony, within which tho
same are situate, by private contract, if the same shall first have
been put up to public auction in manner aforesaid, and shall not
have been sold at such auction : Provided that no such land shall
be sold by any such private contract for less than the upset price
at which the same was last put up for sale by auction, or if any
bidding above that price was made for the same at such last pre-
ceding auction, then at less than the amount of such bidding, after
deducting the amount of any deposit that may have been paid
thereon : Provided also, that if between any two successive sales
by auction an increase shall, in manner aforesaid, have been made
of the upset price of lands, no land affected by such increase shall
subsequently be sold by. private contract until after the same shall
again have been put up to sale by auction at such increased upset
price.
XIII. And be it enacted, That no waste lands of the crown
shall be sold in any such Colony by any such private contract as
aforesaid except for ready money, to be paid at the signing of such
contract ; and that no waste lands of the crown shall be sold at
any such public auction as aforesaid, unless on condition of paying
at the time of the sale in ready money, a deposit, the amount of
which shall be fixed by any such proclamation or proclamations as
aforesaid, at not less than one tenth of the whole price, nor unless
the purchaser or purchasers shall contract to pay the residue of
such price within one calendar month next after the time of such
sale by auction, and shall further contract, that on failure of such
payment the deposits shall be forfeited, and that the contract
shall be thenceforward null and void.
XIV. And be it enacted, That by any proclamation or pro-
clamations to be from time to time for that purpose issued by the
Governor of any such Colony, in the manner hereinafter men-
tioned, it shall be lawful for him to divide such Colony, for the
purposes hereinafter mentioned, into any number of territorial
divisions not exceeding four ; and for the purposes and within the
meaning of this present Act, but for no other purpose, each of
such territorial divisions shall be considered as a distinct and
separate colony, saving only that as regards the appropriation
hereinafter directed of a certain portion of the proceeds of sales
of land to the introduction of emigrants from the United King-
dom, it shall be sufficient that such emigrants be introduced into
any part of the entire Colony, without reference to the territorial
division in which such proceeds of sales may have accrued ; and
provided always, that it uhall be lawful for Her Majesty, by any in-
structions to be issued by Her Majesty in manner before mentioned,
to disallow and annul any such proclamation or proclamations :
Provided that such instructions be issued within six calendar months
next after the receipt by one of Her Majesty's Principal Secre-
taries of State, from such Governor, of the transcript of such
proclamation : Provided also, that such instructions shall take
effect within the said Colony, upon the receipt thereof by the
said Governor, and not before.
XV. And be it enacted, That if any person or persons shall
offer to purchase from the Governor of any such Colony by
private contract, any block of unsurveyed land, comprising twenty
thousand acres or more, and forming, as nearly as the natural
landmarks of the country will admit, a parallelogram, of which
no one side shall be more than twice the length of any other side,
it shall be lawful for the Governor, by any such private contract,
to effect any such sale, on such terms and conditions as to him
shall seem meet, provided that such lands be not sold for less than
the lowest upset price of lands per acre in the Colony in which
the same may be situated, and provided that the purchaser or
purchasers of any such lands shall not be entitled to any survey
thereof, except so far as may be necessary to ascertain the external
marks and bounds thereof.
XVI. And whereas it may be convenient, that means should be
provided for the payment within the United Kingdom of the pur
chase money of waste lands of the Crown within the said Colonies ;
and whereas by a warrant under Her Majesty's sign manual, bear-
ing date on the tenth day of January, one thousand eight hun-
dred and forty, Her Majesty was pleased to appoint certain persons
therein named to be, during Her Majesty's pleasure, commis-
sioners in the United Kingdom, for the sale of the waste lands of
the Crown in Her Majesty's Colonies, and for superintending the
emigration of Her Majesty's subjects to such Colonies; Be it
therefore enacted, That if any person or persons shall pay, for
the purchase of waste lands of the crown in any of Her Majesty's
Australian Colonies, any sum or sums of money to the com-
missioners of Her Majesty's Treasury of the United Kingdom of
Great Britain or Ireland, or to any person or persons to be
appointed by the said commissioners of Her Majesty's Treasury,
or any three of them, to receive the same, the said commissioners
of Colonial lands and emigration for the time being, are hereby
authorised and required, subject to such rules as shall be pre-
scribed for their guidance in that respect by the commissioners of
Her Majesty's Treasury, to grant, under their hands and seal of
office, certificates to any such purchaser or purchasers of the
amount of any such payments, which certificates shall, on
production thereof to the Governor for the time being of any
such Colony, be received by him as equivalent to the amount of
money for which the same shall respectively be given, so far^and
only so far as the same may be tendered to such Government in
payment for the price of any waste lands of the crown to be
there purchased, either at public auction or by private contract,
in the manner and subject to the regulations by this present Act
prescribed in respect of such purchasers.
XVII. And be it enacted, That nothing herein contained shall
extend or be construed to extend to prevent the Governor of any
of the said Colonies from granting to any person or persons a
licence for the occupation, for any time not exceeding 12 calendar
months from the date thereof, of any waste lands of the Crown in
any such Colony, or a licence for felling, removing, and selling
the timber growing on any such lands ; and that no such lands
shall be sold until after the expiration of the licence for the
occupation of the same.
8
XVIII. And be it enacted, That all charges which shall be
incurred in any of the Australian Colonies for the expense of the
survey and management of the waste lands of the Crown therein,
or for effecting such sales by auction, or by private contract, or
otherwise in carrying into effect the provisions of this present
Act, within any such Colony, shall, in the first instance, be
chargeable upon and defrayed from the proceeds of sales of waste
lands, unless provision shall otherwise be made for defraying
such charges, by any law or ordinance to be enacted by the local
legislature of any such Colony.
XIX. And be it enacted, That subject to the charge above
mentioned, the gross proceeds of the sales of the waste lands of
the Crown, in each of the said Colonies, shall be appropriated and
applied to the public service of the said Colonies respectively, in
such manner as Her Majesty, or the commissioners of Her
Majesty's Treasury, or any three of them, shall from time to
time direct : Provided always, that one equal half part at least
of such gross proceeds shall be, and the same is hereby appro-
priated, towards defraying the expense of the removal from the
United Kingdom to the Colony wherein such revenue accrued of
emigrants not possessing the means of defraying the expense of
their own emigration thither, which money shall be expended by
the commissioners of Her Majesty's Treasury, or by such person
or persons as shall be authorised by them to expend the same,
but subject to such regulations regarding the selection of
emigrants, the means to be provided for their conveyance, and
their superintendence during the voyage to the Colony to which
they are destined, and for their reception and settlement in that
Colony, as shall from time to time be prescribed by Her Majesty
in Privy Council, or through one of Her Majesty's Principal
Secretaries of State, to the Governor of such respective Colonies,
and to the Commissioners for the time being of Colonial lands
and emigration.
XX. Provided always and be it enacted, That nothing herein
contained shall affect or be construed to affect any contract, or
to prevent the fulfilment of any promise or engagement, made by
or on the behalf of Her Majesty, with respect to any lands
situate in any of the said Colonies, in cases where such contracts,
promises, or engagements, shall have been lawfully made before
the time at which this Act shall take effect in any such Colony.
9
XXI. And be it enacted, That this Act shall take effect and
have the force of law in each of the Australian Colonies, from
the day of the receipt of a copy thereof by the Governor of
such Colony, which day such Governor shall certify and make
known to the inhabitants of such Colony by a proclamation, to be
by him for that purpose forthwith issued.
XXII. And be it enacted, That the words Australian Colonies,
as employed in this Act, are intended and described the Colonies
of New South Wales, Van Dieman's Land, South Australia, and
Western Australia, and New Zealand, with their respective
dependencies, as such Colonies are now or shall hereafter be
defined and limited, and also any other Colonies which may
hereafter be established within any of the existing limits of the
said five Colonies, unless it shall in any case seem fit to Her
Majesty, by any instrument under the Great Seal by which any
such new Colony may be founded, to postpone, either for any
period to be therein limited, or indefinitely, as to Her Majesty
shall seem meet, the time at which this Act shall take effect
within any such new Colony, in which case this Act shall take
effect therein from the time to be so limited by such commission,
and not before.
XXIII. And be it enacted, That by the word " Governor,' '
as employed in the present Act, is intended and described the
person who for the time being shall be lawfully administering
the Government of any of the said Colonies respectively ; and
that the several "Proclamations" which the Governors of the
said respective Colonies are hereby authorised to issue, shall be
so issued by him, under the public seal of the Colony, and shall
be made public in the most authentic and formal manner in use
in any such Colony ; and that by the words " Waste Lands " of
the Crown, as used in the present Act, are intended and
described any lands situate therein, and which now are, or shall
hereafter be vested in Her Majesty, Her Heirs and Successors,
and which have not been already granted or lawfully contracted
to be granted to any person or persons in fee-simple, or for an
estate of freehold, or for a term of years, and which have not
been dedicated and set apart for some public use.
XXIV. And be it enacted, That this Act may be altered or
amended during the present session of Parliament.
10
No. 2.
CROWN LANDS (Occupation.)
11 ViCTOBlA, No 18. An Act to authorise, for a limited time, an assessment
upon Stock pastured beyond the Settled Districts of New South Wales.
[Assented to, 17 th September, 1847.]
Whereas it is necessary to make provision for the protection and
good government of all persons residing beyond the Settled Dis-
tricts of the Colony of New South Wales, and by reason thereof
it is expedient that an assessment should be raised and levied
upon all stock pastured beyond the said Settled Districts : Be it
therefore enacted, by His Excellency the Governor of New South
Wales, with the advice and consent of the Legislative Council
thereof, That in each and every year, there shall be levied and
paid upon and in respect of the Stock of every person pasturing
or keeping the same, upon any lands situate beyond the Settled
Districts of the said Colony, as the same now are, or hereafter
may be, defined, the assessment following, that is to say : for
every sheep the sum of one halfpenny, for every head of cattle,
the sum of one penny halfpenny, and for every horse the sum of
threepence : which assessments respectively shall be paid by the
person assessed, before the first day of April in each year, at the
office of the Colonial Treasurer in Sydney, or Sub-Treasurer at
Melbourne, or to such other officer or officers, or at such other
place or places, as shall be appointed in that behalf, by the
Governor for the time being.
II. And be it enacted, that every person pasturing or keeping
stock as aforesaid, shall make, or cause to be made, to the Com-
missioner of the district wherein the said stock is pastured, a
Return, on the first day of January, or within fourteen days
thereafter, in each and every year, according to the form
contained in the Sehedule hereunto annexed, marked A, of
all sheep, cattle, and horses kept and pastured by him, as
aforesaid ; and if any such person shall fail or neglect to make, or
cause to be made, such Return at the time so appointed, or shall
omit to deposit the same with the said Commissioner, in manner
11
hereby required, he shall, on conviction before any two or more
Justices of the Peace, forfeit and pay for every such offence, a
sum not less than forty shillings, nor exceeding fifty pounds.
III. And be it enacted, That after the first day of March in
each year, it shall and may be lawful for the Commissioner and
his assistants in each and every district (but subject to such
directions as the Governor may think proper to give in any case)
to seize and drive to the nearest or most convenient pound all
cattle and horses pasturing as aforesaid, whereof a Return shall
not by that time have been made by the person keeping or
pasturing the same, in conformity with the provisions in that
behalf hereinbefore contained, and the said cattle and horses to
sell and dispose of at such pound, according to the ordinary
course of sales of cattle and horses impounded for trespasses,
unless, in the meantime, the owner thereof shall have claimed the
same, and shall pay, by way of penalty, to the said Commissioner
or poundkeeper, the sum of two shillings and sixpence for every
head of such cattle and horses, together with the expenses
chargeable thereon for poundage and food, which penalty and
expenses the owner of such cattle and horses shall be liable to
pay : Provided always, that upon such claim being made by a
person who shall satisfy the said Commissioner or poundkeeper
that he is the lawful owner of any such cattle and horses so
impounded, and upon such payment as last aforesaid, the said
cattle and horses shall be restored to such owner : And provided
further that all moneys realised by any such sale as hereby
authorised, and all payments made as aforesaid, shall be forth-
with transmitted by or through the said Commissioner to the
Colonial Treasurer at Sydney, or the Sub-Treasurer at Mel-
bourne, or to such other officer as may in that behalf be appointed
by the Governor, and the surplus realised by any such sale as
aforesaid, over and above the amount of such penalty as last
aforesaid, and the expenses aforesaid, shall be paid to the owner
of any such cattle and horses so sold, upon a certificate from the
said Commissioner of his being such owner.
IV. And be it enacted, That the person making such Return
as aforesaid, shall verify the same by a declaration in the form or
to the effect prescribed in the said Schedule, (which declaration
any Justice of the Peace is hereby empowered to administer,)
that the several matters and things contained in such Return are
12
true, to the best of his knowledge and belief ; and if any person
shall wilfully make therein any false statement as to any material
particular, he shall be deemed guilty of a misdemeanor, and,
being" convicted thereof, shall be liable, at the discretion of the
Court, to fine and imprisonment, or either.
V. And be it enacted, That the several Commissioners shall,
at the beginning of each and every year, make an assessment on
the stock pastured within their respective districts, and shall on
or before the first day of February then next ensuing, make a
Return thereof to the said Colonial Treasurer or Sub-Treasurer
or other person appointed as aforesaid, in the form, and con-
taining the several particulars, set forth in the Schedule to this
Act annexed, marked with the letter B, according to which
Return the assessment, hereinbefore mentioned, shall, upon notice
as hereinafter provided, be due and payable as aforesaid, by the
persons therein assessed, except in so far as the same may be
affected by any order made on appeal, under the provisions
hereinafter contained.
VI. And be it enacted, That the said several Commissioners
shall, not less than one calendar month previous to the time
hereinbefore appointed for the payment of the said assessment,
cause a notice in writing, in the form contained in the Schedule
hereunto annexed marked C, to be served upon each person
assessed, or to be left at the residence of such person (if within
the district), or with the superintendent or person having the
charge of his stock (if the owner thereof shall not reside within
the district), apprising him of the amount of the assessment with
which he is liable, and requiring him to pay the said amount at
the office of the said Colonial Treasurer, or of the said Sub-
Treasurer, or other place appointed as aforesaid, before the
first day of April next ensuing.
VII. And be it enacted, That any person assessed as afore-
said, who shall consider himself aggrieved by such assessment,
may appeal to the nearest court of Petty Sessions : Provided
that within ten days after the service of the said notice of assess-
ment, the person assessed, or some one on his behalf, shall give
to the said Commissioner a notice, in writing, of his intention to
make such appeal, upon some day to be therein mentioned, not
later than fourteen days after the date of such last mentioned
notice ; and tho Justices sitting in Petty Sessions shall hear and
13
determine the matter of the said appeal in a summary way, and
shall make such order therein as to them shall seem meet,
according to the true intent and meaning of this Act; and in case
of the dismissal of the appeal, or the affirmance of the said
assessment, wholly or in part, or in case the party assessed, or
some person on his behalf, shall not appear to prosecute the
appeal, the Court shall order and adjudge the person so assessed
to pay, within ten days, the amount of such assessment, or of
such part thereof as they shall have determined to be payable,
into the office of the said Colonial Treasurer or Sub-Treasurer,
(or other place appointed as aforesaid,) and also such costs and
expenses as may be awarded to the said Commissioner by the
said Court ; and if such assessment, costs, and expenses be not
paid within such time, the said Court shall and may issue a
warrant to levy the amount thereof by a distress and sale of a
sufficient part of the stock, in respect of which such assessment
shall have been made as aforesaid, and the surplus, if any, after
payment of such assessment, costs, and expenses, shall be paid to
the owner of such stock.
VIII. And be it enacted, That in case any person liable to pay
any such assessment as aforesaid, or in case any person so
adjudged to be liable to payment of the said assessment, or any
part thereof, upon appeal or notice of appeal as aforesaid, shall
refuse or neglect to pay the same upon the day appointed by such
notice, or within the time appointed in cases of appeal as aforesaid,
as the case may be, it shall and may be lawful for the said Colo-
nial Treasurer, or Sub-Treasurer at Melbourne, or other person
appointed by the Governor in that behalf, and he is hereby re-
quired forthwith, after the expiration of one month from the day
or time so appointed, to issue a warrant, under his hand, to the
Commissioner in whose district any person so refusing or neglect-
ing to pay, as aforesaid, shall reside, directing the said Commis-
sioner and his assistants to levy the amount which such person is
so liable to pay, as aforesaid, together with an additional sum,
equal to one-fifth part of that for which he is so liable, by way of
penalty for such refusal or neglect, by a distress of a sufficient
part of the stock, in respect of which the assessment shall have
been made as aforesaid; and such Commissioner and his assistants
to whom such warrant shall be so directed, are hereby authorised,
under and by virtue thereof, to distrain, take, and drive to the
14
nearest or most convenient pound, such and so many of the
stock of the party in said warrant mentioned, as shall be
sufficient (when sold) to pay the amount of such assessment and
penalty, and the costs and expenses of making such distress, and
the payment of the maintenance of such stock, till sold ; and the
said stock (or a sufficient part thereof) to sell and dispose of at
such pound, according to the ordinary course of sales of stock
impounded for trespasses (unless previously thereto the said
assessment, penalty, costs, and expenses shall be paid) ; and the
proceeds thereof shall be applied to the payment of the assess-
ment, penalty, costs, and expenses aforesaid, and the surplus (if
any) shall be paid to the owner or superintendent of the said
stock : Provided, however, that when such warrant shall be so
issued as aforesaid, in case the amount of the assessment and
penalty therein mentioned, shall be tendered to the person
charged with the execution of such warrant, then and in such
case the said person shall and he is hereby authorised to accept
and receive the said amount, and to give a receipt for the money
so received, and to refrain from making and executing the said
distress.
IX. And be it enacted, That all penalties, fines, and forfeitures,
incurred or imposed under this Act, shall and may be sued for and
recovered in a summary way, before any one or more Justice or
Justices of the Peace, under and according to the provisions of
an Act made and passed by the Governor of New South Wales,
with the advice of the Legislative Council thereof, in the fifth
year of the reign of His late Majesty King William the Fourth,
intituled, An Act to regulate summary proceedings before Jus-
tices of the Peace.
X. And for the protection of persons acting in execution of
this Act : Be it enacted that all actions for anything done under
this Act, shall be commenced within six calendar months after the
fact was committed, and not otherwise ; and notice in writing of
such action, and the cause thereof, shall be given to the defendant
one calendar month at least before the commencement of the
action ; and in every such action the defendant may plead the
general issue, and give this Act and the special matter in evidence
at any trial to be had thereupon ; and no plaintiff shall recover
in any such action if tender of sufficient amends shall have been
made before such action brought, or if a sufficient sum of money
15
shall have been paid into Court, after such action brought, by or
on behalf of the defendant, together with costs incurred up to
that time ; and if a verdict shall pass for the defendant, or the
plaintiff become nonsuited, or discontinue such action after issue
joined, or if, upon demurrer or otherwise, judgment shall be given
against the plaintiff, the defendant shall recover his full costs as
between attorney and client, and have the like remedy for the
same as any defendant hath by law in other cases.
XI. And be it enacted, That all sums of money payable under
and by virtue of this Act, shall be paid to Her Majesty, Her
Heirs and Successors, for the maintenance of a Police force and
other local purposes beyond the said settled districts, and shall be
applied thereto, in such manner as may from time to time be
directed by any Acts to be passed by the Governor and Legisla-
tive Council of the said Colony.
XII. And be it enacted, That no order, judgment, or other
proceeding made touching and concerning any of the matters
aforesaid, or touching and concerning the conviction of any
offender against this Act, shall be quashed or vacated for want of
form only, or be removed or removable by certiorari, or by any
writ or process whatsoever, into Her Majesty's Supreme Court
of New South Wales.
XIII. And be it enacted, That all prosecutions, suits, actions,
informations, or complaints, to be brought under or by virtue of
this Act, or upon or by reason of the breach of any of the provi-
sions thereof, shall and may be brought by any Commissioner for
and on behalf of Her Majesty, Her Heirs, and Successors ; but
nevertheless such Commissioner shall and may be admitted to give
evidence in or upon any such prosecution, suit, action, informa-
tion, or complaint ; and that upon any proceeding before Justices
of the Peace under this Act, it shall not be necessary to have a
formal information, but it shall be sufficient that the cause of
complaint or proceeding shall be stated with reasonable distinct-
ness, by affidavit or deposition.
XIV. And be it enacted, That no prosecution, suit, or com-
plaint, shall be brought under or by virtue of this Act, by reason
of the breach of any of the provisions thereof, after the lapse of
twelve calendar months from the occurrence of the matter or
thing to which such prosecution, suit, or complaint may relate :
Provided nevertheless, that nothing herein contained shall be
deemed to extend to any information or prosecution for the wil-
fully making and subscribing any false declaration.
XV. And be it enacted, That in the construction of this Act
the term " Commissioner " shall be deemed and taken to mean a
Commissioner of Crown Lands appointed by the Governor for
the time being ; and the term " District " shall be deemed and
taken to mean the limits within which a Commissioner of Crown
Lands has been, or may hereafter be appointed to act ; and the
term " stock " shall be deemed and taken to mean and include
sheep, cattle, and horses ; and the word " sheep," when specifi-
cally used in this Act, shall be deemed and taken to mean and to
include rams, ewes, wethers, and lambs; and the word "cattle,"
when specifically used in this Act, shall mean and include bulls,
cows, oxen, heifers, steers, and calves; and the word " horses,"
when specifically used in this Act, shall mean and include horses,
mares, geldings, colts, and fillies ; and unless there be something
in the subject or context repugnant to such construction, every
word importing the singular number or the masculine gender
only, shall be understood to include, and shall be applied to seve-
ral persons, matters, or things, as well as one person, matter, or
thing, and females as well as males respectively.
XVI. And be it enacted, That this Act shall commence from
and after the 31st day of December now next ensuing, and shall
thenceforth continue in full force and effect, for a period of five
years and no longer.
CHs. A. FITZ ROY, Governor.
17
Schedules beferbed to.
A.
First day of January, 18 .
RETURN of Live Stock kept and pastured by Mr. , in
the District of , beyond the Settled Districts of the
Colony, rendered in conformity with the provisions of the Act of the
Governor and Council, Victoria, No.
STATION.
Person
Superintending,
Estimated
Extent
of Run.
Stock on Station belonging to, or in
charge of, Mr.
Horses,
and how
Branded.
Cattle,
and how-
Branded.
and how
Marked.
I, A. B., do solemnly declare that, to the best of my knowledge and belief,
the foregoing is a true and faithful account of all sheep, horses, and
cattle of every kind kept or pastured by me, or under my charge,
on the several stations above mentioned, within the District of
; and I make this declaration by virtue of the Act of
the Governor and Council of New South Wales, Victoria, No.
A. B
Proprietor or Superintendent
(as the case may he.)
Declared before me, at f \
this day of ,18 '.)
J. P.
18
o
^
n .
is
fe b
a
p
A
-*--
a
d
r^
J
q
k
W
i j
ci
o
>3
EH
Ea
a
fa
i
fe
.5
W
;9 aj3
$
in'
wjg.
-s-2
19
a
District of
No. .. I ..
Commissioner of Crown Lands Office,
,18 .
The Amount with which you are assessed for the year from first January
to thirty-first December, 18 , under the provisions of the Act of the Governor
and Council, Victoria, No. , on the undermentioned Stock pastured
by you in this District, is as follows, viz. :
8. d.
Horses . . . . at 3d. per head
Head of Cattle ... . .. at l|d. per head
Sheep . . . . . . at $d. per head
which said sum of pounds, shillings, and
pence, you are hereby required to pay at the Office of the Honourable the
Colonial Treasurer, in Sydney, (or at , as the case
may be,) before the first day of April next. *
Or if you consider yourself as having any just cause for appealing against
the said assessment, you will please to observe that notice of such appeal
must be lodged with me within ten days from the date of the delivery of this
notice, in the manner prescribed by the said Act. As witness my hand at
, this day of , 18 .
To
Commissioner of Crown Lands.
No. 3.
9 & 10 Victoria, c. 104. An Act to Amend an Act for regulating the Sale
of Waste Land belonging to the Crown in the Australian Colonies,
and to make further Provision for the Management thereof. [28^/1
August, 1846.]
Whereas it is expedient to make further Regulations respecting
the Occupation of the Waste Lands belonging to the Crown in
the Colonics of New South Wales, South Australia, and West-
ern Australia, and for that purpose to repeal so much of an Act
passed in the Session of Parliament holden in the fifth and sixth
year of her Majesty's Reign, intituled An Act for regulating the
Sale of Waste Lands belonging to the Crown in the Australian
Colonies, as would prevent such Regulations from taking effect :
20
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, That it shall and may be lawful
for Her Majesty to demise for any term of years not exceeding
fourteen, to any person or persons, any Waste Lands of the Crown
in the Colonies of New South Wales, South Australia, and
Western Australia, or to grant to any person or persons a licence
for the occupation, for any term of years not exceeding fourteen,
of any such Waste Lands, and to reserve upon such demise or
licence any such rent or pecuniary or other service, and to insert
therein such conditions and clauses of forfeiture, as shall in
manner hereinafter mentioned be prescribed and authorised, any-
thing in the said recited Act to the contrary in anywise notwith-
standing : Provided always, that every such demise or licence
shall be made or granted subject to the rules and regulations
hereinafter provided for.
II. And be it enacted, That the rent or pecuniary service so
reserved on any such demise or licence as aforesaid, shall be appli-
cable to such and the same purposes only, and shall be applied in
such and the same manner, as the sums produced by the sale of
lands effected under the authority and in pursuance of the said
recited Act.
III. And whereas it may be necessary that effectual provision
should be made for protecting such Waste Lands as aforesaid
from being occupied without authority, and also for dispossessing
any person in the occupation of any such Waste Lands as afore-
said, in case of the forfeiture of any such demise or licence, or in
case of the breach or non-performance of the conditions thereof,
or in case of the holding over by any such persons or person after
the expiration of any such demise or licence, or after the end of
the term for which the same may have been granted or made: Be
it enacted, That on information in writing for that purpose pre-
ferred by the Governor for the time being of any such Colony
as aforesaid, or by any person authorised by any such Governor
on that behalf, to any Justice of the Peace acting in and for any
of the Colonies aforesaid, or in and for any county or other
district thereof, setting forth that any person or persons is or are
in the unlawful occupation of any of the Waste Lands of the
Crown in any such Colony, or is or are in the occupation of any
21
such lands in virtue or under colour of any such demise or licence
as aforesaid, although such demise or licence had been forfeited,
or although the conditions thereof had been broken or unful-
filled, or although such demise or licence had expired, or although
the term for which the same had been granted or made had
come to an end, it shall be the duty of such Justice to issue his
summons for the appearance before any two Justices of the
Peace, at a place and a time therein to be specified, of the person
or persons against whom any such complaint shall be so made,
and at the time and place so to be specified such two Justices (on
the appearance of the person or persons charged, or on due
proof of the service on him, her, or them, or at his, her, or their
usual place of abode, of any such summons,) shall proceed to
hear and inquire of the truth of the matter and things which
may be alleged in any such information, and on being satisfied
of the truth thereof, either by the admission of the person or
persons charged, or on other good and sufficient evidence, the
said Justices shall issue under their hand a warrant, addressed to
the Sheriff or Deputy Sheriff, or Commissioner, or other officer
of the Colony or District, acting for or on behalf of Her Majesty,
commanding and requiring him forthwith to dispossess and
remove any such person or persons from any such Waste Lands
of the Crown as aforesaid, and to take possession of the same for
and on behalf of Her Majesty ; and it shall be the duty of any
such Sheriff, Deputy-Sheriff, Commissioner, or other such Officer
as aforesaid, to carry such warrant forthwith into execution
according to the tenor and exigency thereof: Provided always,
that nothing hereinbefore contained shall extend to any person
having occupied Waste Lands within the boundary of location
without interruption for the space of twenty years next before
the passing of this Act.
IV. And be it enacted, That from and after the day when this
Act shall come into effect in the manner hereinafter mentioned,
any person, unless claiming under a sale or demise from Her
Majesty, or from some person acting in the name and on behalf
of Her Majesty, who shall be found occupying any Waste Lands
of the Crown in any of the Colonies aforesaid, either by residing
or by erecting any hut or building thereon, or by clearing,
inclosing, or cultivating any part thereof, or who shall depasture
any cattle thereon, and who shall not previously have obtained
22
a licence from the said Governor for the occupation of such
lands, or who shall occupy or depasture as aforesaid after such
licence shall have been determined by forfeiture or otherwise,
shall be liable on conviction thereof to the penalties following ;
That is to say, for the first offence a sum not exceeding ten
pounds, for the second offence a sum not exceeding twenty
pounds nor less than ten pounds, and for the third or any sub-
sequent offence a sum not exceeding fifty pounds nor less than
twenty pounds : Provided always, that no information shall be
laid or brought for any second or subsequent offence until the
expiration of fourteen clear days from the date of the previous
conviction.
V. And be it enacted, That the penalties hereinbefore imposed
shall be recovered in a summary way before any one or more
Justice or Justices of the Peace, upon the information or com-
plaint on oath of the Governor for the time being of any such
Colony as aforesaid, or of any person authorised by any such
Governor on that behalf.
VI. And whereas it may be expedient that various rules and
regulations should be made respecting the more effectually
making demises or licences for the term aforesaid of any such
Waste Lands as aforesaid, and respecting the reservation on such
demises or licences of any such rents or other pecuniary services,
and respecting the insertion therein of such conditions and clauses
of forfeiture as aforesaid, and respecting the division of the said
Colonies into districts, within which alone such demises or licences
may be made to take effect, and respecting the renewal of any
such demises or licences, and respecting the conflicting claims of
different persons to obtain any such demise or licence, and
respecting any right of pre emption which it may be proper to
give to the holders of any such demise or licence, and respecting
the forfeiture of any such demises or licences on the conviction
of any holders thereof of certain offences in any such Colony,
and respecting any other matters and things which may be
requisite, either for carrying into more complete effect the
occupation in manner aforesaid of such Waste Lands as aforesaid,
or for preventing the abuses incident thereto : Be it enacted,
That it shall be lawful for Her Majesty, by any Order or Orders
in Council, to make and establish all such rules and regulations
as to Her Majesty shall seem meet for the purposes aforesaid,
23
or for any of them, and any such rules and regulations again to
repeal, renew, alter, and amend, and that all such Orders in
Council shall have the force and effect of Law in the Colonies
aforesaid : Provided always, that nothing herein contained shall
be construed to authorise the sale of any Waste Land in the
said Colonies, otherwise than in conformity with the provisions
of the said Act, except to persons who shall be in actual occupa-
tion thereof under such demise or licence as aforesaid, or to
authorise the sale of any such lands for a lower price than the
minimum price at that time established therein by the authority
of the said recited Act : Provided also, that all such Orders in
Council shall be laid before Parliament within one month from
the day of the date thereof respectively, if Parliament shall then
be in Session, or if not, then within one month next after the
commencement of the then next ensuing Session of Parliament,
and that no such Order, repealing, renewing, altering, or
amending any such former Order, shall be of any force or effect
till the lapse of six months next after such repealing, renewing,
altering, or amending Order shall have been so laid before
Parliament ; and that all such Orders in Council shall be pub-
lished forthwith in the London Gazette.
VII. And for the protection of persons acting in execution of
this Act : Be it enacted, That all actions or other proceedings
for anything done under this Act shall be commenced within six
calendar months after the matter complained of was committed,
and not otherwise ; and notice in writing of such action, and the
cause thereof, shall be given to the defendant one calendar month
at least before the commencement of the action; and in every
such action the defendant may plead the general issue, and give
this Act and the special matter in evidence at any trial to be had
thereupon ; and no plaintiff shall recover in any such action if
tender of sufficient amends shall have been made before such
action was brought, or if a sufficient sum of money shall have
been paid into Court after such action brought by or on behalf
of the defendant, together with costs incurred up to that time ;
and if a verdict shall pass for the defendant or the plaintiff
become nonsuited, or discontinue such action after issue joined,
or if, upon demurrer, or otherwise, judgment shall be given against
the plaintiff, the defendant shall recover his full cost, as between
attorney and client, and have the like remedy for the same as
24
any defendant hath by law in other cases ; and although a
verdict shall be given for the plaintiff in such action, such
plaintiff shall not have costs against the defendant, unless the
judge before whom the trial shall be shall certify his approbation
of the action, and of the verdict obtained thereon.
VIII. And be it enacted, That no order, judgment, or other
proceeding made touching or concerning the matters aforesaid,
or touching and concerning the conviction of any offender or
offenders against this Act, shall be quashed or vacated for want
of form only, or be removed or removable by certiorari, or any
writ or process whatsoever, into any superior Court of Jurisdic-
tion in any such Colony.
IX. And be it enacted, That the word " Governor," as em-
ployed in this^Act, is intended to describe the officer for the time
being administering the Government of any of the Colonies afore-
said ; and the words " Waste Lands of the Crown," as employed
in this Act, are intended to describe any lands in the said Colonies,
whether within or without the limits allotted to settlers for loca-
tion, and which now are, or hereafter shall be vested in Her
Majesty, Her Heirs, and Successors, and which have not been
already granted, or lawfully contracted to be granted, by Her
Majesty, Her Heirs, and Successors, to any other person or
persons in fee simple, and which have not been dedicated or set
apart for some public use.
X. And be it enacted, That it shall and may be lawful for Her
Majesty, by any such order in Council as aforesaid, to delegate to
the Governor of any of the Colonies aforesaid (on such conditions
as Her Majesty shall see fit to impose) all or any of the powers
hereby vested in Her Majesty, save only so far as respects the
powers so to be exercised by Her Majesty as aforesaid, by and
with the advice of her Privy Council.
XI. And be it enacted, That from and after the passing of this
Act, the said recited Act shall not apply to land situate in the
Colony of New Zealand: Provided nevertheless, that nothing
herein contained shall extend to invalidate any act done in the
said Colony, in pursuance of the said recited Act, before or within
one month after the passing of this Act shall have been made
known by Proclamation by the Governor of the said Colony to
the inhabitants thereof.
XII. And be it enacted, That the said recited Act, so far as it is
25
repugnant to this present Act or would prevent the execution
thereof, shall be, and the same is hereby repealed.
XIII. And be it enacted, That this Act, shall take effect and
have the force of law in each of the said Colonies of New South
Wales, Southern Australia, and Western Australia, from and after
a day to be specified by the Governor of each of such Colonies in
some proclamation to be issued by him for that purpose.
No. 4.
At the Court at Osborne House, Isle of Wight, the 9th day
of March, 1847.
PRESENT:
The Queen's Most Excellent Majesty,
His Royal Highness Prince Albert,
Viscount Palmerston,
BisHOP of London,
Lord Campbell.
Lord President,
Lord Privy Seal,
Lord Chamberlain,
Earl of Auckland,
Whereas by an Act passed in the present year of Her Majesty,
intituled, An Act to amend an Act for regulating the Sale of
Waste Land belonging to the Crown in the Australian Colonies,
and to make further provision for the management thereof, after
reciting that it might be expedient that various rules and regula-
tions should be made, respecting the more effectually making
demises or licences, for any term of years not exceeding four-
teen, of any such Waste Lands as therein mentioned, and respect-
ing the reservation on such demises or licences, or any such rents
or other pecuniary services, and respecting the insertion therein
of such conditions and clauses of forfeiture as are therein men-
tioned, and respecting the division of the said Colonies into dis-
tricts, within which alone such demises or licences might be made
to take effect, and respecting the renewal of any such demises or
licences, and respecting the conflicting claims of different persons-
to obtain any such demise or licence, and respecting any right of
pre-emption which it might be proper to give to the holders of any
such demise or licence, and respecting the forfeiture of any such
demises or licences, on the conviction of any holders thereof, of
26
certain offences in any such Colony, and respecting any other
matters and things which might be requisite, either for carrying
into more complete effect the occupation, in manner therein men-
tioned, of such Waste Lands as aforesaid, or for preventing the
abuses incident thereto ; it was enacted, that it should be lawful
for Her Majesty, by any Order in Council, to make and establish
all such rules and regulations as to Her Majesty should seem
meet for the purposes aforesaid, or for any of them, and any such
rules and regulations, again to repeal, renew, alter, and amend ;
and that all such orders in Council should have the force and
effect of law in the Colonies aforesaid : and whereas it is expe-
dient that the rules and regulations hereinafter contained should
now be made and established, for regulating the occupation of the
Waste Lands of the Crown in the Colony of New South Wales,
it is hereby ordered by the Queen's most Excellent Majesty, by
and with the advice of the Privy Council, that within the said
Colony of New South Wales, the rules and regulations comprised
in the following chapters shall henceforth be observed, and have
the force and effect of law.
CHAPTER I.
AS TO THE DIVISION OF THE LANDS IN NEW SOUTH WALES.
Sect. 1. The lands in the Colony of New South Wales shall,
for the purposes of the present Order, be considered as divided
into three classes, and be dealt with accordingly, as they may
be situated in districts to be denominated respectively as the set-
tled, the intermediate, and the unsettled districts.
Sect. 2. The settled districts of the Colony shall compre-
hend
First The nineteen contiguous counties, the boundaries of
which were settled and proclaimed before the 1st January, 1838.
Second The counties or reputed counties of Macquarie and
Stanley.
Third The lands which may be within a distance of twenty-
five miles, to be measured or reckoned from any point of the
corporate limits of the Town of Melbourne, in the county of
Bourke.
Fourth The lands, which may be within the distance of fifteen
27
miles from any point of the outward limits of the Town of
Geelong, in the County of Grant.
Fifth The lands which may lie within the distance of ten miles
from any point of the outward limits of each of the following
towns or townships, viz. :
Portland, in the County of Normanby ; Alberton, in the dis-
trict of Gipps Land ; Eden, in the County of Auckland ; Bathurst,
in the County of Roxburgh ; Wellington, in the County of the
same name.
The town which has been established at the head of the navi-
gation of the River Clarence.
The Town of Macquarie, in the County of Macquarie.
The Town of Ipswich, in the County of Stanley.
Sixth The lands which may lie within the distance of three
miles from any part of the sea, throughout the extent of the
Colony, measured in a straight line.
Seventh The lands which may lie within the distance of two
miles from either of the two opposite banks of any of the
following rivers, viz. :
The Glenelg, from a point to be fixed by the Governor, not
lower than where the Glenelg receives the waters of the Crawford,
nor higher than where it receives the waters of the Wannon.
The Clarence, from a point to be fixed by the Governor, at a
distance not less than ten miles above the Government township,
at the head of the navigation, and not less than fifty miles from
the sea, measured in a straight line.
The river now known by the name of the Richmond, from a
point to be fixed by the Governor, at a distance not less than
twenty miles from the sea, measured along the course of the river.
Sect. 3. As to the intermediate districts.
The intermediate districts shall comprehend the lands lying
within the counties or reputed counties of Bourke, Grant, and
Normanby, in the district of Port-Phillip, which are not herein-
bore directed to be included in the settled lands ; also all the
lands in the county or reputed county of Auckland, which are not
included in the settled lands as hereinbefore mentioned ; also the
entire district of Gipps Land, except the parts included in the
settled lands as hereinbefore mentioned ; also the counties, either
already formed or intended to be formed, between the County of
Auckland and the County of St. Vincent; also any county or
28
counties of which the boundaries may be fixed and proclaimed
on or before the 31st December, 1848.
Sect. 4. As to the unsettled districts.
The unsettled districts shall comprehend all the lands of New
South Wales, excepting such lands as are now, or hereafter law-
fully may be, comprehended within the limits of the settled and
intermediate lands within the said colony.
CHAPTER II.
RULES TO BE ENFORCED WITHIN THE UNSETTLED DISTRICTS.
Sect. 1. It shall be lawful for the Governor for the time
being of the said Colony, or the officer for the time being
administering the Government of the Colony, and he is hereby
empowered to grant leases of runs of land within the unsettled
districts, to such person or persons as he shall think fit, for any
term or terms of years, not exceeding fourteen years in dura-
tion, for pastoral purposes, with permission, nevertheless, for the
lessee to cultivate so much of the lands respectively comprised
in the said runs as may be necessary to provide such grain, hay,
vegetables, or fruit, for the use and supply of the family and
establishment of such lessee, but not for the purpose of sale or
barter; and so, nevertheless, that such leases shall in no case
prejudice, interrupt, or interfere with the right of the Governor
or other officer for the time being administering the Government
of the said Colony, to enter upon any of the lands comprised in
the said leases, for any purpose of public defence, safety, im-
provement, convenience, utility, or enjoyment, agreeably to the
provisions for those purposes contained in the 9th section of the
second chapter of this Order in Council, or otherwise.
Sect. 2. The rent to be paid for each several run of land
shall be proportioned to the number of sheep, or equivalent
number of cattle, which the run shall be estimated as capable
of carrying, according to a scale to be established for the purpose
by authority of the Governor. Each run shall be capable of
carrying, at least, four thousand sheep, or equivalent number of
cattle, according to the scale aforesaid, and not in any case to be
let at a lower rent than ten pounds per annum, to which two
pounds ten shillings per annum shall be added for every
29
additional thousand sheep, or equivalent number of cattle, which
the run shall be estimated as capable of carrying.
Sect 3. In order to estimate the number of sheep or cattle
which each run will carry, before the granting of the said lease
as hereinbefore mentioned, the intended lessee or occupier shall
name a valuer, and the Commissioner of Crown Lands shall
either act as valuer, or name one to act for him ; and these two
valuers shall have power to choose, if necessary, an umpire ; but
if they cannot agree in the choice of an umpire, he shall be
appointed by the Governor or the officer for the time being
administering the Government of the said Colony.
Sect. 4. The rents to be paid, according to the scale above
mentioned, are to be reserved exclusively of any existing assess-
ments of taxes or rates on sheep and cattle, and are to be paid
without abatement on account of the existing or any future
assessments of taxes or rates on sheep and cattle, and in no way
to interfere with the right of the Colonial Legislature to impose,
from time to time, such assessments as may be deemed advisable.
Sect. 5. The rent for each run shall be payable yearly in
advance, at such time and place as shall be respectively specified
in the lease of the said run of land. In the event of default
being made in the payment of the rent, the lease shall be for-
feited, but the lessee shall be permitted to defeat the forfeiture,
and prevent its becoming absolute and indefeasible, by payment,
within sixty days from the date of the original rent day, of the
full annual rent, with the addition of a sum equal to one equal
fourth part of the yearly rent so due from him, by way of
penalty ; but unless the whole of the said yearly rent, with such
penalty as aforesaid, shall be duly paid within the term of sixty
days, counting from the original rent day inclusive, the lease
shall be absolutely and indefeasibly forfeited. And it shall be
competent to any individual to demand of the Governor, or of
the officer for the time being administering the Government of
the Colony, or of any officer or officers acting by his authority
for the present purpose, that a fresh lease of the run so forfeited
be offered to sale, under the general rule hereinafter provided for
that purpose, in section 12 of this chapter.
Sect. 6. During the continuance of any lease of lands
occupied as a run, the same shall not be open to purchase by any
other person or persons except the lessee thereof. But it shall
30
bo lawful for the Governor, or the officer for the time being
administering the Government of the said Colony, to sell to such
lessee any of the lands comprised in the lease granted to such
lessee, provided that the quantity of the lands sold to such lessee
shall not be less than one hundred and sixty acres, and that the
price to be paid for the same shall not be below the general
minimum price of one pound for each acre : Provided also, that
if the portion or lot of any such run sold to such lessee be less
in extent than three hundred and twenty acres, the expenses of
the survey of the portion so sold shall be paid by the purchaser.
Sect. 7. Every lot to be sold under the provisions before
mentioned shall be subject to the following conditions :
First Each lot must be rectangular, unless the features of the
country, or the course of any river or stream, render a deviation
from the rectangular course necessary ; and, in every case, two
sides at least of the lot must be directed to the cardinal points of
the compass.
Second The two opposite sides of any stream or watercourse
which, according to the practice of the department of the Sur-
veyor General, ought to form a boundary between different
sections or lots, shall in no case be included in the same lot.
Third No single lot shall have more than four hundred and
forty yards of water frontage for one hundred and sixty acres,
or more than a like proportion of water frontage for any quantity
greater than one hundred and sixty acres, but the water frontage
shall be reckoned according to the distance from one extreme
point thereof to the other in a right line, and not according
to the bendings of the watercourse or river ; and the Governor,
or Officer for the time being administering the Government of
the said Colony, shall have the right of refusing to sell any lot or
lots, in every case where it may appear to him that the sale of
such lot or lots respectively might give an undue command over
water required for the beneficial occupation and cultivation of the
lands adjoining either side of any stream or watercourse.
Sect. 8. It shall be lawful for the Governor, or Officer for
the time being administering the Government of the said Colony,
to except, out of any such sale or sales as aforesaid, all such lands
as it may appear to him expedient to reserve for any of the public
uses for which it is enacted, by the third clause of the Act passed
in the fifth and sixth years of Her Majesty, chapter 36, intituled
31
An Act for regulating the Sale of Waste Lands belonging to the
Crown in the Australian Colonies, that lands required for public
uses may be excepted from sales authorised by that Act, and if
there be reason to suppose that any of the lands applied for
under the regulations hereby expressed possess peculiar advan-
tages, whether of water frontage or otherwise, which would
render it fit that a higher price should be paid for such lands, the
Governor, or the Officer for the time being administering the
Government of the said Colony, or any Officer authorised by him
for the purpose, may require the said lands to be assessed by
valuers appointed, in manner provided in section 3 of the second
chapter of this Order in Council, in order that the value, if esti-
mated by them or their umpire at more than one pound per acre,
the higher amount may be paid for such lands accordingly.
Sect. 9.. That nothing in these regulations, or in any lease to
be granted under the powers hereby vested in the Governor,
shall prevent the said Governor, or Officer for the time being
administering the Government of the said Colony, from making
grants or sales of any lands within the limits of the run or lands I
comprised in such lease for public purposes, or disposing of, in
such other manner as for the public interest may seem best, such
lands as may be required for the sites of churches, schools, or
parsonages, or for the construction of highroads or railways and
railway stations, or other internal communications, whether by
land or water, or for the use or benefit of the aboriginal inhabi-
tants of the country, or for public buildings, or as places for the
interment of the dead, or places for the recreation and amuse-
ment of the inhabitants of any town or village, or as the sites of
public quays, or landing places on the sea coast or shores of navi-
gable streams, or for the purpose of sinking shafts and digging for
coal, iron, copper, lead, or other minerals, and effectually working
coal, or iron, or copper, lead, or other minerals, or for any other
purpose of public defence, safety, utility, convenience, or enjoy-
ment, or for otherwise facilitating the improvement and settlement
of the Colony ; but so that the quantity of land which may be
granted or sold to any railway company shall not exceed in all
the rate of one hundred acres for every mile thereof in length.
Sect. 10. That if at any future period a railroad be made
through or near to the districts comprising unsettled lands, all
lands within the distance of two miles of the railroad shall, not-
32
withstanding any lease of the run within which such lands shall
be situated, be liable to be sold at the end of each successive
year from the date of the said lease : Provided that at least sixty
days previous notice shall have been given to the lessee, and so
that such lessee shall be entitled to all the same conditions,
reserving to the previous lessee the right of pre-emption, and the
value of improvements as are hereinafter mentioned with reference
to the case of a sale at the expiration of the full term of such
lease.
Sect. 11. All occupants of Crown Lands, who shall have been
in licensed occupation of the same for at least one year at the time
when this Order in Council shall come into effect, are to be
entitled to demand leases of their respective runs under the pre-
sent regulations, within six months from the date of the publica-
cation of this Order in Council by the Governor, or other Officer
administering the Government of the said Colony, but not after-
wards ; and all occupants who have been in licensed occupation of
their lands for a shorter period than the term of one year, shall be
entitled, upon the expiration of the same term of one year,
without having forfeited their respective licences, to demand leases
of their respective runs, under the regulations herein contained :
Provided such lease shall be lawfully demanded within six months
after the expiration of the said term of one year, but not after-
wards.
Sect. 12. When any run of lands, after being occupied, shall
be forfeited, or become vacant without the previous occupant's
having exercised his right of renewal hereinafter reserved, it shall
be competent for any person desirous of acquiring a lease of such
run of lands, to give notice to the Governor, or Officer for the
time being administering the Government of the said Colony, of
his, her, or their desire to purchase anew the lease of such run of
lands, and immediately after such notice the Governor, or Officer
administering the Government of the said Colony, shall direct
sealed tenders to be sent in at such time and place, and in such
form as he shall think fit, by the person giving such notice as
aforesaid ; and also by such other person (if any) as may be dis-
posed to enter into competition for the said lease; and every
tender so to be made shall state the term of years for which it is
proposed to take the said run, and whether, in addition to the
minimum rents required agreeably to the provisions contained in
sections 2 and 3 of the second chapter of this Order in Council,
it is proposed to offer any, and, if any, what amount of premium
for the lease ; and the said tender or tenders shall be opened in
the presence of two or more persons authorised by the Governor,
or Officer for the time being administering the Government of the
said Colony for that purpose ; and if there shall be more than one
tender, the tenders shall be opened at the same time, and if there
shall be only one tender, the lease of the run shall be given to the
person making such tender, provided the rent offered shall be
admissible under the provisions contained in sections 2 and 3 of
this chapter of the Order in Council; but if there shall be more
competitors than one, the lease of the run shall be given to such
person or persons as shall tender the highest amount of premium
for the same ; but if two or more tenders shall be made for the
same run, and no one of them be higher than all the rest, a future
day shall be announced by the persons who open the tenders, on
which day it shall again be competent to all persons to offer fresh
tenders, in the same manner as hereinbefore provided in regard to
the first tenders.
Sect. 13. If any individual be desirous to acquire a new run
of land which has never been occupied before, he shall be at
liberty to send in a sealed tender, at such time and place, and in
such form, as may be appointed by the Governor, or Officer
administering the Government of the said Colony, for receiving
tenders for new runs, and shall set forth in his tender a clear
description of the run for which he applies, and of the boundaries
of the same, and shall state whether, beyond the amount of rent
to be ascertained, as hereinbefore provided, he is willing to offer
any, and if any, what amount of premium for the lease, and such
tenders shall be in all respects dealt with as hereinbefore provided
in section 12 of this Order in Council for tenders for runs which
have been forfeited or fallen vacant, save and except that if it
shall occur that two or more persons have thus applied for different
runs, of which part of one run would include part or the whole
of another run, the Governor, or Officer for the time being admi-
nistering the Government of the said Colony, or the person or
persons authorised by him to act in this behalf, shall declare what
shall be the several runs for which it shall be competent to parties
to tender, and another day shall then be named, at which the pre-
34
vious applicants, and all other persons, shall be at liberty to offer
fresh tenders for the runs so delivered.
Sect. 14. A lease shall be liable to forfeiture in three modes :
First It shall be forfeited^for non-payment of rent, as provided
in section 5 of the 2d chapter of this Order in Council.
Second It shall be forfeited absolutely immediately upon any
conviction for felony against the lessee ; and
Third In the event of his conviction by a Justice of the dis-
trict for any offence against the law, the case may be inquired
into within three months after the conviction, by two or more
Justices, who, if thoy think lit, may adjudge the lease to be for-
feited, with or without compensation for the value of the improve-
ments, according to the nature of the offence : Provided always,
that no such adjudication of forfeiture pronounced by the Justices
shall take effect until confirmed by the Governor, or Officer
administering the Government of the said Colony.
Sect. 15. Upon the expiration of a lease, it shall be competent
for the Governor, or Officer administering the Government of the
said Colony, to put up all or any part of the lands included in a
run for sale, subject to the following conditions :
First The previous lessee shall have the option of purchasing
the land for its fair value in an unimproved state, which shall
never be cstimited at less than 1 per acre.
Second If declined by the previous lessee, the value of any
improvements on the land offered for sale shall be ascertained by
valuers appointed under the provisions contained in section 3 of
the second chapter of this Order in Council : Provided neverthe-
less, that the sum so to be estimated and allowed for, is in no case
to exceed the amount of the actual outlay made by the lessee.
Third The upset price shall then consist of the joint value of
the land and the improvements, and, if the land be sold, the amount
of the improvements shall be paid over to the previous lessee, and
only the balance be retained by the Government.
Sect. 16. If no part of the run be sold, the previous lessee
shall be entitled to a renewal of the lease of the whole, or if any
part of the run, not amounting in all to one equal fourth thereof,
be sold, such lessee shall be entitled to a renewal of the lease for
the remaining parts of the land comprised in his run, subject to the
reservation of an increased rent described in the next hereinafter
following section of these rules and regulations; and provided,
35
nevertheless, that the boundaries of the different classes of land
in the Colony shall not in the meanwhile have been so far extended
as to bring the said run within the class of settled lands ; and
provided also, that if brought within the class of intermediate
lands, the lessee shall only obtain a renewed lease of the said run
under the rules hereinafter laid down as applicable to that class of
lands.
Sect. 18. The rent of every lease of a run of land, after the
expiration of the first lease granted under this Order in Council,
is to be paid by any new lessee on the number of sheep and
cattle which the run shall be estimated to carry in its improved,
instead of its unimproved state, in the same manner as provided
for in sect. 3 of the second chapter of this Order in Council ;
but, as an encouragement to improve, the lessee whose lease
shall be renewed is to be exempt from paying any increase
beyond fifty per cent, upon the amount of rent reserved under
the expired lease.
CHAPTER III.
RULES APPLICABLE TO INTERMEDIATE LANDS.
Sect. 1. Within lands coming under the description of in-
termediate lands the interests in runs shall be acquired, held,
and determined upon the same terms and conditions as above
laid down for unsettled lands, excepting that the leases shall
not be made for more than eight years in duration, and that
at the end of each successive year from the date of the lease, it
shall be competent for the Governor, or Officer for the time
being administering the Government of the said Colony, pro-
vided he shall have given sixty days previous notice, to offer
for sale all or any part of the lands within any such run,
subject to the same conditions in favour of the lessee as are
above laid down in case of a sale at the expiration of the full
term of a lease of unsettled lands.
CHAPTER IV.
RULES APPLICABLE TO SETTLED LANDS.
Sect. 1. Within the boundaries of the settled lands, it shall
be competent for the Governor or Officer for the time being
administering the Government of tho said Colony, to grant
36
leases of lands exclusively for pastoral purposes, for terms not
exceeding one year ; and it shall further be competent for the
Governor, or Officer for the time being administering the
Government of the said Colony, if he deem it expedient, to
make general rules, under which the holders of purchased lands
within such districts of settled lands may be permitted to
depasture, free of charge, any adjacent Crown Lands: Pro-
vided that the depasturage of such unsettled lands, free of
charge, shall in no way interfere with the right of the Govern-
ment at any time to dispose of the same, either by sale or by
lease for one year as above mentioned.
And the Eight Honourable Earl Grey, one of Her Majesty's
Principal Secretaries of State, shall give the necessary directions
herein accordingly.
Wm. L. BATHURST.
No. 5.
11 VICTORIA, No. 61. An Act for appointing Commissioners to examine
and report upon disputes respecting boundaries of Huns between the
Claimants of Leases under Her Majesty's Order in Council of the
Ninth March, One thousand eight hundred and forty-seven.
[Assented to, 17th June, 1848.]
Whereas by an Act of the Imperial Parliament of Great Britain
and Ireland, passed in the ninth and tenth year of the reign of
Her present Majesty Queen Victoria, intituled An Act to amend
an Act for regulating the Sale of Waste Lands belonging to
the Crown in the Australian Colonies, and to make further pro-
vision for the management thereof, it was amongst other things
enacted, that it should be lawful for Her Majesty, by any Order
in Council, to make and stablish all such rules and regulations
as to Her Majesty should seem meet, for the purposes therein
recited, and any such rules and regulations again to repeal,
renew, alter, and amend, and that all such Orders in Council
should have the force and effect of law in the Colonies aforesaid ;
and whereas certain rules and regulations were accordingly made
and established by Her Majesty, by and with the advice of Her
37
Privy Council, on the ninth day of March, in the year of Our
Lord one thousand eight hundred and forty-seven, to be thence-
forth observed, and to have the force and effect of law : And
whereas the said rules and regulations were promulgated in the
New South Wales Government Gazette, on the seventh day of
October, one thousand eight hundred and forty-seven : And
whereas it is expedient and necessary, for the information of the
Governor for the time being, to provide a mode of investigating
and reporting on disputes respecting boundaries of Runs between
the Claimants of Leases under the above recited Order in
Council : Be it therefore enacted, By his Excellency the Governor
of New South Wales, with the advice and consent of the Legis-
lative Council thereof, That it shall and may be lawful for the
Governor of New South Wales, to appoint from time to time any
number of fit and proper persons (not being Commissioners of
Crown Lands) to be Commissioners for investigating and report-
ing on such disputes as aforesaid ; and each such Commissioner
shall have full power and authority to hear, examine, and report
on all disputes between Claimants of Leases under Her Majesty's
said Order in Council respecting boundaries of Runs beyond the
Settled Districts of the Colony : Provided always, that it shall
be lawful for the said Governor to remove any such Commis-
sioner, and appoint another in his stead, as to His Excellency may
seem meet.
II. And be it enacted, That every such Commissioner shall,
before proceeding to act as such, take and subscribe, before any
Bench of Magistrates sitting in Petty Sessions, the oath set forth
in the Schedule to this Act annexed, marked A, which oath, when
so taken and subscribed, shall be transmitted by the Clerk of
such Petty Sessions to the Office of the Colonial Secretary, in
Sydney, or of the Superintendent at Melbourne, as the case may
be, there to be filed and kept on record.
III. And be it enacted, That it shall be lawful for the Governor
of the said Colony, as often as Efo Excellency shall see fit, to
refer any such disputed claims as aforesaid to any one of the
said Commissioners, to the end that all such claims may be duly
examined and reported on for the information and guidance of
the Governor for the time being ; and the said Commissioner
shall proceed to hear, examine, and report on such disputed
claims in manner hereinafter mentioned : Provided that nothing
38
herein contained shall authorise any such Commissioner to receive
or report on any such disputed claims, but such as shall be re-
ferred to him by the Governor as aforesaid.
IV. And be it enacted, That whenever and so often as any
disputed claim shall have been referred as aforesaid, public
notification thereof shall be made in the New South "Wales
Government Gazette, or in the Port-Phillip Government Gazette,
if the land in dispute be situated in the Port-Phillip District, and
within sixty days from the date of such notification it shall be
incumbent on the respective claimants to lodge with the Commis-
sioner to whom such disputed claim has been so referred, a
memorial, signed by the party lodging the same, which memorial
shall set forth a true description of the party claiming, and of
his usual residence, and of the land in respect of which a lease
is claimed, and a true statement of the circumstances under
which such claim is made : Provided always, that such memorial
may at any time thereafter be amended by leave of the said
Commissioner.
V. And be it enacted, That at any time after the expiration
of the period for lodging the memorials as aforesaid, it shall be
lawful for the Commissioner to appoint the time and place at
which he will proceed to hear the case so in dispute : Provided
always, that the place of hearing shall be within the limits of
the district where the land in dispute shall be situated ; and pro-
vided further, that the said Commissioner shall cause a notice in
writing to be left at or directed to the usual place of residence of
each claimant who, by his memorial, shall have signed the same, at
least one calendar month previous to the day fixed for the hearing
of the case, apprising him or her of the time and place so fixed ;
Provided also, that the said Commissioner shall have power to
enlarge the period so fixed, and to adjourn any such hearing
from time to time as the justice of the case may seem to him to
require.
VI. And be it enacted, 'Hiat in hearing and inquiring into all
claims to leases or runs, or any part of a run as aforesaid, every
such Commissioner shall be guided by the real justice and good
conscience of the case, without regard to legal forms and solem-
nities, and shall direct himself by the best evidence that he can
procure, or that is laid before him, whether the same be such evi-
dence as the law would require in other cases or not; and in case
39
he shall be satisfied that the person or persons so claiming a lease
of the land in dispute, is or are entitled in equity and good con-
science thereto, or to any portion thereof, he shall report the same
to the Governor accordingly, and shall set forth the boundaries
by which the said lands may be described in every such lease ;
Provided always, that a view may be taken by the said Com-
missioner of the land in dispute, at the instance of either party :
Provided also, that nothing herein contained shall be held to
oblige the Governor to make and deliver any such lease as afore-
said, unless His Excellency shall deem it proper to do so.
VII. And the better to enable the said Commissioners, or any
of them, to set forth the boundaries of any lands so in dispute :
Be it enacted, That it shall be lawful for every such Commissioner
to call to his assistance any Surveyor duly appointed by His
Excellency the Governer in that behalf ; and it shall be the duty
of such Surveyor to survey, mark, and describe the boundaries
of the said lands, according to the direction of the said Com-
missioner : Provided always, that the expense of any such sur-
vey, marking, and description of such boundaries, shall be paid
by the party against whom the said Commissioner shall report ;
and in default of such payment, within twenty days from the date
of an order to be made by the said Commissioner in that behalf,
the amount so directed to be paid shall be levied by warrant,
under the hand of the said Commissioner, by distress and sale of
so much of the goods and effects of the party so failing to pay as
may be necessary to satisfy the same.
VIII. And be it enacted, That it shall and may be lawful for
every such Commissioner to issue summonses requiring all such
persons as shall therein be named to appear before him at a place
and time to be therein appointed, to give evidence as to all mat-
ters and things known to any such person respecting any claim as
aforesaid, and to produce in evidence all deeds, instruments, or
writings in the possession or control of any such persons, which
they might by law be required and cojj^elled to give evidence of,
or to produce in evidence in any cause respecting the like matters
depending in the Supreme Court of this Colony, in so far as the
evidence of such persons, and the production of such deeds,
instruments, and writings shall be necessary for the due investiga-
tion of any such claims as aforesaid, depending before the said
Commissioner, and that all such evidence shall be taken down in
40
writing, in presence of the witnesses respectively giving the same,
and shall at the time be signed by them, or, in case of their
refusing or being unable to sign, by some competent witness ; and
that all such evidence shall be given on oath or affirmation, which
oath or affirmation it shall and may be lawful for every such
Commissioner to administer to every person appearing before him
to give evidence ; and that any person taking a false oath or
making a false affirmation, in any case wherein an oath or affirma-
tion is required to be taken by this Act, shall be deemed guilty of
wilful and corrupt perjury, and, being thereof duly convicted,
shall be liable to such pains and penalties as, by any laws now or
hereafter in force, any person convicted of wilful and corrupt
perjury are or shall be subject and liable to.
IX. And be it enacted, That whenever any person who being
duly summoned to give evidence before any such Commissioner as
aforesaid, his or her reasonable expenses having been paid or ten-
dered, and not having any lawful impediment allowed by the said
Commissioner, shall fail to appear at the time and place specified
in such summons, or after appearing shall refuse to be sworn, or
make affirmation, as the law in each case may require, and to
answer any lawful question, or to produce any deed, instrument,
or writing, which he or she may lawfully be required to produce,
or, without leave obtained from the said Commissioner, shall wil-
fully withdraw from further examination, then, and in every such
case, the said Commissioner shall certify, in writing under his
hand, such default, or refusal, or wilful withdrawing, and there-
upon it shall and may be lawful for the person at whose instance,
or on whose behalf such summons as aforesaid was issued, to take
out the process of the Supreme Court at Sydney or Melbourne,
as the case may be, for summoning such last mentioned person to
appear before the Court from which such process shall issue, at
the time therein specified, summarily to show cause why he or she
should not be attached, fined, or imprisoned for such default,
refusal, or wilful withdrawing as aforesaid ; and if such person,
having such last mentioned summons duly served upon him or her,
shall at the time therein specified fail to show cause for his or her
said default, refusal, or withdrawing, to the satisfaction of such
Court, it shall and may be lawful for such Court, on proof by the
return of the Officer serving the same, or by affidavit of the due
service of the said summons to give evidence, and of the said sum-
41
mons to show cause, and, on production of a copy of the said cer-
tificate under the hand of the said Commissioner, to grant a
warrant to apprehend the person so failing to show cause, and to
commit him or her to prison, there to remain without bail, until
he or she shall submit to be sworn, or to make affirmation as afore-
said, and to answer all such questions, and to produce all such
deeds, instruments, or writings as aforesaid, in so far as shall
lawfully be required of him or her, and further to set such fine
upon such person as the Court shall think meet ; and, unless the
same shall be forthwith paid, to grant process for levying the
amount thereof upon the property of such person ; and every
such fine, or the amount thereof, which shall be levied, shall
forthwith be paid to the Prothonotary of the said Court, at
Sydney, or Deputy-Registrar of the Supreme Court at Port
Phillip, as the case may be, and the said Prothonotary or Deputy-
Registrar shall forthwith, out of the amount of such fine, pay to
the person at whose instance the sentence imposing the fine was
obtained, the expenses incurred in summoning the person so
fined, as aforesaid, and in obtaining such sentence, as taxed by the
said Prothonotary, or Deputy-Registrar, and shall account for and
pay over the residue of such fine, in like manner as he is by law
required and directed to account for and pay over fees or fines
received by him as Prothonotary or Deputy-Registrar of the said
Courts respectively.
X. And be it enacted, That there shall be paid to the Com-
missioners, for and on behalf of Her Majesty, Her Heirs, and
Successors, by every claimant, and opposing claimant as aforesaid,
before the case is heard, the several fees specified in the Schedule
hereunto annexed, marked B, and the said Commissioners shall
duly account for all fees so paid to them as aforesaid, and shall
pay the same into the Colonial Treasury at Sydney, or Melbourne,
as the case may be, at such times and in such manner as the
Governor may by any regulations in that behalf appoint ; and all
such sums so received shall be applied as hereafter directed to the
purposes of this Act, and the overplus, if any, to the public uses
of the said Colony, and in support of the Government thereof, as
by an Act of the Governor and Legislative Council may be directed.
XI. And be it enacted, That each of the said Commissioners
shall and may receive for his own use, for every final report made
by him in manner aforesaid, upon a disputed claim to a lease, the
42
sum of fifteen pounds ; and it shall be lawful for His Excellency
the Governor to order and direct, by warrant under his hand,
that every such sum shall be paid from and out of the Public
Treasury of the said Colony.
CHs. A. FITZ ROY, Governor.
Schedules referred to.
A.
COMMISSIONER'S OATH.
I, do solemnly swear that
faithfully, diligently, and impartially, to the best of my ability, I will execute
the duties appointed under and by virtue of a certain Act of the Governor of
New South Wales, with the advice of the Legislative Conncil of the said
Colony, made and passed in the eleventh year of the reign of Her Majesty
Queen Victoria, intituled, An Act for appointing Commissioners to examine
and report upon disputes respecting boundaries of Runs between the claimants
of Leases under Her Majesty's Order in Council of the ninth March, One
thousand eight hundred and forty seven, and that I will not myself, directly
or indirectly, take or receive, or knowingly permit any other to take or
receive, any fee or reward for anything done or performed under and by virtue
of any of the provisions of the said Act, other than and except such as is
authorised by the said Act. So help me God, A. B.
Sworn before us, this day of , 184 .
J. P.
J. P.
B.
FEES TO BE PAID BY CLAIMANTS.
Amount to be paid by each of the claimants before the case is
heard 7 10
For every Summons for Witness, each Summons containing not
more than four names, by the party requiring the same 2 6
For every Witness examined, or document or voucher produced
in evidence, by the party on whose behalf examined or
produced 2 6
For taking down the examination of any Witness 2 6
For every 100 words, after the first 100, additional . .' 1
For every certificate granted by a Commissioner, of default,
refusal to answer, or wilful withdrawing of any Witness . . 5
43
No. 6.
Colonial Secretary's Office, Sydney, 7th October, 1847.
LEASES OF CROWN LANDS BEYOND THE SETTLED DISTRICTS.
1. His Excellency the Governor, in reference to his Procla-
mation of this date, publishing her Majesty's Order in Council,
regulating the occupation of Waste Lands of the Crown within
this Colony, deems it proper to caution the Licensed Occupants
of Waste Lands of the Crown beyond the settled districts, that the
rights conferred on them by the 11th section of cap. II. of the
Regulations, must be exercised within the periods in that section
prescribed, by relation to the date of the Proclamation above
referred to, publishing the said Order in Council.
2. The applications must be lodged in the Office of the Co-
lonial Secretary, in Sydney, if the Lands for which the lease is
applied for be situated within the Sydney or Middle District, or
of His Honour the Superintendent at Melbourne, if within the
Southern or Port Phillip District ; and, in order to preserve uni-
formity, the applicants will be required to use the printed forms
copies of which may be obtained from the Commissioners of
Crown Lands beyond the Settled Districts, as well as at the Office
of the Superintendent at Melbourne, and at this Office.
3. All such applications must set forth the names and clear
descriptions of the runs applied for, and of the boundaries of the
same, as prescribed with respect to new runs, by the 13th section
of chap II. of the Order in Council. In such descriptions it will
be necessary to refer to leading geographical features, and marked
or determined boundary lines, as well as to the names of the
occupants of adjacent lands, and to give the length and general
direction of the several boundary lines with reasonable certainty ;
and also to state the supposed extent of the runs, and the number
of sheep, or equivalent number of cattle, which each run may be
estimated as capable of carrying.
4 - An abstract of all applications received will, from time to
time, be published in the New South Wales Government Gazette
or Port Philip Government Gazette, for the information of all
parties concerned.
5. Persons who object to the claims of others, either wholly
or in part, as comprising lands to the lease of which they may
44
conceive themselves entitled, are recommended to lodge in the
Office of the Colonial Secretary, or Superintendent of Port Philip,
caveats referring to such claims, and specifying the lands to which
their objections extend, and the grounds on which they prefer
their claims to the same.
6. It will be impossible that the issue of leases should take
place immediately on demands being made for them. In many
cases the Government may not be able, until the end of the year
1848, to determine whether the particular runs applied for will
be included in the intermediate or unsettled districts, and in all
cases it will be necessary to consider and decide on the claims of
applicants to verify the descriptions of the runs and to esti-
mate the number of sheep or cattle which each run will carry
and the rent accordingly to be paid. His Excellency, however,
desires at the same time to intimate, that all practicable despatch
will be used for the purpose of putting the occupants of Crown
Lands in possession of the leases to which they may be entitled
under Her Majesty's Regulations.
By His Excellency's Command,
E. DEAS THOMSON.
No. 7.
Colonial Secretary's Office, Sydney, 1st January, 1848.
(Tenders for Runs.)
His Excellency the Governor, in pursuance of Her Majesty's
Order in Council, bearing date the 9th day of March, 1847, has
been pleased, with the advice of the Executive Council, to estab-
lish the following Regulations for the receipt and disposal of
Tenders, as well for forfeited or vacated runs as for new runs.
I. Forfeited or Vacated Runs.
1. On the receipt of a notice from any person of his desire to
purchase the lease of a run, which, after having been occupied,
may have fallen vacant, either by forfeiture or surrender, and to
the leasing anew of which no objection shall arise, a notice will be
45
issued in the Government Gazette, describing the boundaries and
grazing capability of the run applied for, stating the maximum
number of years for which a lease thereof will be granted, and
fixing a time and place at which sealed tenders, in a prescribed
form, will be received from the applicant, and from any other
persons desirous to enter into competition with him, for the pur-
chase of the lease of the described run.
2. Every such tender must state the term of years within the
limit mentioned in the notice for which it is proposed to take the
run, and whether, in addition to the rent required by the Order
in Council, it is intended to offer any, and, if any, what amount of
premium for the lease.
3. The tenders will be opened in the presence of a Board of
officers appointed by the Governor, and will be disposed of in the
manner directed in the 12th section of chapter II. of her Majesty's
Order in Council, a copy of which is annexed to this notice for
more easy reference.
4. The lease will be made out as soon after the acceptance of
the tender as may be practicable ; and the intending lessee will be
required to take up the lease by payment of the first year's rent,
and the premium (if any) within sixty days from the date of the
notification of the acceptance of his tender; in default of which,
the run will be again declared open to public competition.
5. Until the lease has been actually taken out, the intending
lessee will acquire no title whatsoever to the occupation of the
land tendered for.
II. Tenders for New Runs.
1. Sealed tenders for new runs will be received on the first
Monday in every month commencing on Monday the 7th day
of February next.
2. The tenders in the prescribed form are to be addressed to
this office, if the land be situated in the Middle District, or to the
office of His Honour the Superintendent at Melbourne, if situated
in the Port Phillip District.
3. The tenders will be opened in the presence of a Board of
Officers appointed by the Governor, and a record will be made in
each case of the name of the highest tenderer, so as to secure him
the lease, in the event of the land applied for proving to be
available.
46
4. The description of each run tendered for will then be for-
warded to the Commissioner of the district in which it is situated,
with instructions to report whether it comprises any land leased
or under promise of lease, or applied for in any other tender, and,
if it does not comprise any such land, that he shall state what
should be the run for which it shall bo declared competent to
parties to tender.
5. If. the run applied for be available, the acceptance of the
tender will be duly notified to the applicant ; and the premium
(if any) and first year's rent, computed in the manner hereinafter
described, will require to be paid within sixty days from the date
of such notification ; in default whereof, the run will be declared,
by advertisement in the Government Gazette, to be open for
selection, and a day for the receipt of fresh tenders for it will at
the same time be announced.
6. Until the first year's rent and premium (if any) shall have
been actually paid, the intending lessee will acquire no right what-
ever to the occupation of the land tendered for.
7. It is also to be distinctly understood, that the Government
reserves to itself the right of excluding from any such run, any
lands which it may be deemed proper to reserve for any of the
purposes referred to in the 9th section of chapter II. of the Order
in Council.
8. In any case in which the boundaries of the run tendered for
may require to be adjusted, so as to exclude from it any land
leased, or under promise of lease, or applied for by another party,
the amended description of the run, and the day on which fresh
tenders will be received for it, will be publicly notified, in con-
formity with the provisions in that behalf contained in the 13th
section of chapter II. of the Order in Council, a copy of which is
annexed to the notice for more easy reference. The interval
between such notification, and the day on which the tenders will
be received, will not be less than one calendar month.
9. As a considerable interval must be expected to occur in every
case between the acceptance of a tender for a new run, and the
survey of its boundaries, and the valuation of its grazing capabili-
ties, which will be requisite for the purposes of a formal lease and
the final adjustment of the rent, the following general rules have
been laid down, under which the occupancy of the run during such
47
interval may be granted to the successful tenderer, and the receipt
of rent secured to the public.
(1.) Tenders for new runs must contain not only "a clear
description of the run applied for, and the boundaries of the same,"
but also an estimate of its grazing capabilities; and the tenderer
should state that, in addition to any premium which he may offer,
he will be prepared to pay a yearly rent of ten pounds, with two
pounds ten shillings added for every thousand sheep, or their
equivalent in cattle, above four thousand sheep, or their equivalent,
which the run shall be estimated as capable of carrying.
(2.) Until the number of sheep or cattle which the run can
carry shall have been determined by valuation, in the manner
prescribed in Her Majesty's Order in Council, the intendiug lessee
will be required to pay according to his own estimate, as given in
his tender; and in the event of the rent so paid, according to his
own estimate, proving to have been less than that determined by
valuation, he will be required to make up the difference previously
to the execution of the lease.
10. Printed forms of tender for forfeited or vacated runs, and
for new runs respectively, may be obtained from the several Com-
missioners of Crown Lands beyond the Settled Districts, as well
as at the Office of the Superintendent of Port-Philip, and at this
office. By His Excellency's Command,
E. DEAS THOMSON.
No. 8.
Colonial Secretary's Office, Sydney, 21st February, 1848.
TENDERS FOR RUNS.
Referring to the notice, dated 1st January last, relative to ten-
ders for runs of Crown Lands, His Excellency the Governor
directs it to be notified, that in the receipt of future tenders the
following rules must be strictly attended to : viz.
1. The tenders will be opened at noon of the day appointed for
their receipt namely, the first Monday in each month. Any
tender received after that hour will remain over until the time
48
appointed for opening tenders in the succeeding month, and will
be subject to any competition which may arise, by reason of any
tenders received up to that time.
2. No tender will be entertained in future, unless made in the
prescribed printed form, containing all the necessary particulars.
3. The tenders must be endorsed, " Tender for New Run," or
" Tender for Vacated Run," as the case may require.
4. As it is intended to act strictly on these rules, any person
failing to comply with them will, after this intimation, have no
reason to complain if he shall thereby lose any benefit which a
compliance with them would have secured to him.
By His Excellency's Command,
E. DEAS THOMSON.
No. 9.
Colonial Secretary's Office, Sydney, 31st March, 1848.
TENDEKS EOE NEW BUNS.
i In reference to the regulations of the 1st January, 1848, respect-
ing tenders for new runs, His Excellency the Governor, finding
that some misapprehension exists on the subject, has been pleased,
with the advice of the Executive Council, to direct that the fol-
lowing explanatory observations and additional rules should be
published for general information.
1. The rule laid down in the notice of the 10th July, 1845,
that no new run shall in ordinary cases consist of more than
twenty-five square miles, is still to be observed. Persons there-
fore tendering for new runs, must not apply for any larger quan-
tity than twenty -five square miles under a single lease, unless that
quantity shall be insufficient in ordinary seasons for the pasturage
of four thousand sheep, or their equivalent in cattle, in which case
the run may be enlarged to the area necessary for that purpose.
But if, on an estimate of its grazing capability, any run so
enlarged shall be found to be greatly in excess of the quantity
requisite for the pasturage of four thousand sheep, or their equiva-
lent in cattle, it will be liable to be curtailed to the regulated
49
standard, and any further expense incurred, in surveys or other-
wise, will have to be defrayed by the party tendering.
2. Any person desiring to obtain a larger tract of country than
twenty-five square miles, will not be precluded from doing so by
the rule referred to in the foregoing paragraph; but he must
tender for it, not in one block, but in separate portions not
exceeding twenty -five square miles each in extent.
3. In accepting tenders for new runs, the Government will
reserve to itself the right in every case of modifying the boun-
daries proposed, so far as may be necessary to render them con-
formable to the undermentioned general rules; and the persons
employed in the survey and measurement thereof will be instructed
to adjust and describe the boundaries accordingly : viz.
Subject to such deviations as the general features of the country,
and the adoption of natural boundaries may require, every run
must be in a compact block of rectangular form, in which the
external lines shall run east and west, and north and south.
No person will be allowed so to shape his run as to secure to
himself the exclusive use of water necessary to render any adjoin-
ing lands available.
4. No tenders already sent in will be rejected because of the
quantity applied for as one run being in excess of the regulated
area ; but on the acceptance of any such tender, the applicant
will be required to propose a subdivision of the land into separate
holdings, so as to bring the area held under each lease within the
prescribed limit, and to make it conformable in other respects to
the general rules above laid down.
5. The regulations set forth in the above mentioned notice., of
the 1st January, 1848, in respect to tenders for new runs, are
manifestly inapplicable to parts of the Colony which are situated
beyond the reach of the protection and control of the Com-
missioners of Crown Lands. The said regulations do not extend
to such parts of the Colony, and tenders for runs so situated
cannot therefore be entertained.
By His Excellency's Command,
E. DEAS THOMSON.
50
No. 10.
Colonial Secretary's Office, Sydney, 1st January, 1848.
His Excellency the Governor, with the advice of the Executive
Council, has been pleased to establish the following rules respect-
ing the transfer of runs beyond the Settled Districts, previously
to the issue of leases, under Her Majesty's Order in Council, dated
9th March, 1847.
1. Demands for leases of runs under the 11th section of chapter
2 of the Order in Council, will (with the exceptions mentioned in
the 2d paragraph of this notice) be received from those persons
only who were the licensed occupants of the runs at the date of
the publication of the Order in Council by the Governor. But
in consideration of the delay that must necessarily take place in
the issue of the leases, any licensed occupant, who, after having
demanded his lease, may desire to part with his interest in the
same, will be allowed to have the lease made out in favour of
any person recommended by the Commissioner of the District, on
making written application to that effect to the Colonial Secretary,
in Sydney, or to the Superintendent of Port Phillip, at Mel-
bourne, as the case may be, such application to bear the appli-
cant's own signature, attested by a magistrate or a Commissioner
of the Supreme Court. In this case the original applicant will
be debarred from all further claim to the lease, the right of ivhich
will be thenceforth held to be vested in the person in whose favour
he requested that it should issue.
2. If, however, a person who had a right to demand a lease of
a run in his occupation, under the terms of the 11th section of
chapter 2 of the Order in Council, shall have died or become
insolvent without having exercised such right, the demand for the
lease will be received by the Government from his representative,
or from any one coming forward on his representative's behalf.
The issue of the lease, however, will, in such case, be sus-
pended, until the claimant thereof shall have satisfactorily proved
himself to be the legal representative of the deceased or insolvent
person ; and, in the meantime, the rent must be regularly paid, in
default whereof, the run will be held to have become vacant, and
the lease of it will be exposed to sale.
3. The transfer of portions of existing runs will, in no way, be
51
allowed by the Government. For each run, now recognised as
such, but one lease will issue ; and any portion of such run which
may not be demised to the lessee of the remainder, will be held
to have become vacaut, and to be at the disposal of the Govern-
ment.
By His Excellency's Command,
E. DEAS THOMSON.
No. 11.
Colonial Secretary's Office, Sydney, 30th June, 1848.
With reference to the Notice of the 1st January, 1848, headed
' Transfer of Runs," in which it is provided, that, in conside-
ration of the delay that must necessarily take place in the issue
ot leases of runs demanded under the 11th section of chapter 2
oi Her Majesty's Order in Council, of the 9th March, 1847 any
licensed occupant who, after having demanded his lease, may
desire to part with his interest in the same, will be allowed to have
the lease made out in favour of any person recommended by the
Commissioner of the District, on making written application, in
the manner m the said notice prescribed, but that, in this case,
the original applicant will be debarred from all further claim to
the lease, the right of which will be thenceforth held to be vested
m the person m whose favour he requested that it should issue:"
His Excellency the Governor, with the advice of the Executive
Council, directs it to be notified, that in all cases in which claim-
ants of leases of runs shall have alienated their right thereto,
under the provisions of the notice above cited, the licences for such
ruitt for the ensuing year will be issued, not to the persons who
previously held them, but to the proposed transferees.
By His Excellency's Command,
E. DEAS THOMSON.
No. 12.
Colonial Secretary's Office, Sydney, 1st January, 1848
Her Majesty, by Order in Council, dated the 9th March, 1847
having determined that the rent to be paid for each several run
52
of crown land, beyond the settled districts of New South Wales,
shall be proportioned to the number of sheep, or equivalent num-
ber of cattle, which the run shall be estimated as capable of car-
rying, according to a scale to be established for the purpose, by
authority of the Governor, His Excellency directs it to be noti-
fied that he has, with the advice of the Executive Council, esta-
blished the following scale for such purpose : that is to say,
Six hundred and forty head of cattle shall be considered equal
to four thousand sheep ; and in cases in which the stock upon a
run may consist of sheep and cattle, the amount of mixed stock
(horses being reckoned as cattle) shall be calculated in the propor-
tion of six hundred and forty head of cattle to four thousand
sheep.
By His Excellency's Command,
E. DEAS THOMSON.
No. 13.
Colonial Secretary's Office, Sydney, 4th February, 1848.
His Excellency the Governor, with the advice of the Execu-
tive Council, has directed it to be notified, that several applica-
tions having been made to the Government by parties who have,
from various causes, failed or omitted, within the time prescribed,
to take out their licences for the current year, for the occupation
of runs beyond the settled districts, but are now desirous to do
so ; His Excellency has been pleased to lay down the following
rules, under which they will still be permitted to obtain licences,
on payment of a fine for their default : namely,
1. All persons who held licences for their runs for the year
ended on the 30th of June last, but who have failed to renew them
for the present year, may now be allowed to do so, on payment of
a fine, in addition to the price of the licence, at the rate of one
pound for every month, or part of a month, which will have
elapsed between the 30th of September last and the taking out of
the licence.
2. It is to be clearly understood, that if, on or before the 6th of
April next, being the day on which the period of six months will
53
expire within which certain licensed occupants of runs are entitled
to demand leases, any person occupying Crown Lands beyond the
Settled Districts shall not have taken out a licence for the current
year, such person must be held not to have been in licensed occu-
pation within the meaning of the 11th section of chapter II. of the
Order in Council, and his demand for a new lease cannot, there-
fore, be entertained; his run will, accordingly, be declared to be
forfeited, and the lease of it open for sale, in the manner prescribed
by the 12th section of chapter II. of the Order in Council.
3. It is further to be understood that this notice does not apply
to parties, if any, who, notwithstanding they have failed to take
out their licences for the past, as well as the current year, have
continued in occupation of Crown Lands ; and who, according to
the declaration contained in the notice of 30th June, 1846, have
thus been holding against the will of the Crown. Their runs are
therefore now conuidered to have become forfeited, and liable to
be dealt with accordingly.
By His Excellency's Command,
E. DEAS THOMSON.
No. 14.
Colonial Secretary's Office, Sydney, 1st June, 1848.
His Excellency the Governor, with the advice of the Executive
Council, directs it to be notified for general information, that the
state of the Survey not yet admitting of the issue of leases for
runs beyond the Settled Districts, all existing licences for the
occupation of Crown Lands so situated will bo renewed for the
ensuing year, commencing on the 1st July next, on the same terms
as licences have been granted for the now current year, subject,
of course, to the adjustment of the licence fee, according to the
quantity of stock returned by the Commissioner as depastured on
every such run.
2. Adverting to the 5th section of chapter II. of Her Majesty's
Order in Council, dated 9th March, 1847, which declares that
leases of runs issued thereunder will be absolutely and indefeasibly
54
forfeited if the stipulated rent be not paid within the time therein
prescribed, His Excellency the Governor desires it to be distinctly
understood that claims to leases will, in like manner, be held to
have become forfeited and void, if the licences for the continued
occupation for the ensuing year of the lands for which leases are
sought, shall not have been taken out within the time fixed by the
present notice, namely, between the 1st day of July and the 30th
day of September next.
3. If within the year commencing the 1st July next, the Go-
vernment shall be in a position to grant leases of runs under Her
Majesty's Order in Council, any licencee under this notice who may
obtain a lease, will receive credit, in the payment of his first year's
rent, for so much of the amount paid for his licence as may be
proportionate to the unexpired part of the term for which the
licence was granted.
4. The present regulation does not, however, extend to lands
which have been brought by the Order in Council within the
settled class, but which have hitherto been held under squatting
licenses for pastoral purposes. The occupants of such lands will
be enabled to obtain leases for the same on the terms prescribed
in sections 22, 23, and 24 of the notice of 29th March last.
By His Excellency's Command,
E. DEAS THOMSON.
No. 15.
Colonial Secretary's Office, Sydney, 8th August, 1848.
His Excellency the Governor, with the advice of the Executive
Council, has been pleased to direct the publication of the following
regulation, limiting the time within which certain claims to leases
of runs beyond the Settled Districts will be entertained by His
Excellency.
By the 11th section of chapter II. of Her Majesty's Order in
Council, of the 9th March, 1847, it is provided, " That all occu-
pants of Crown Lands who shall have been in licensed occupation
of the same for at least one year at the time when this Order shall
00
come into effect, are to be entitled to demand leases of their respec-
tive runs under the present regulations, within six months from
the date of the publication of this Order in Council by the Go-
vernor, but not afterwards.."
The said Order in Council haying been published and brought
into effect in the Colony on the 7th October, 1847, the period
allowed for preferring claims to leases expired on the 6th April
last, as respects those persons who, on the 7th October last, had
been in licensed occupation of their runs for one year or more.
All such persons, therefore, who failed to demand leases on or
before the 6th April last, have lost the right of so doing conferred
by the Order in Council. As a matter of grace, however, the
Governor has not, up to the present time, refused to entertain
applications for leases on the ground of their having been sent in
subsequently to the expiration of the time prescribed by the
Order in Council, nor will his Excellency do so as respects any
further applicatious which may be received before the 30 th
September next, when the time allowed for taking out licences
for the current year will expire; but after that date the Governor
will not, under any circumstances whatever, entertain a demand
for a lease of a run, from any person whose licensed occupancy
of the run had, on the 7th October, 1847, been of not less than
one year's duration.
It will of course be understood that this notice does not apply
to parties who, having failed to take out their licences for the past
year, are not entitled to demand leases under the provisions of
Her Majesty's Order in Council above referred to.
By His Excellency's Command,
E. DEAS THOMSON.
No. 16.
Colonial Secretary's Office, Sydney, 29th March, 1848.
Within the Settled Districts.
In pursuance of Her Majesty's Order in Council, of 9th March
1847, His Excellency the Governor, with the advice of the Execu-
tive Council, has been pleased to establish, subject to the approval
of the Right Honourable the Secretary of State for the Colonies,
56
the following regulations for the occupation of Crown Lands
within the Settled Districts of the Colony, as they are now or
may hereafter be defined.
2. The holders of purchased lands within the settled districts
will be permitted to pasture their stock, free of charge, on any
vacant crown lands, immediately contiguous to their respective
properties, provided they do not erect any hut or building thereon,
or clear, inclose, or cultivate any portion thereof ; but it is to be
distinctly understood, that such permission will in no way inter-
fere with the right of the Government at any time to dispose of
the lands either by sale or by lease.
3. The permission to pasture stock on vacant crown lands, free
of charge, will not carry with it any other than a commonage
right, to be enjoyed alike by all the holders of adjacent purchased
lands. Persons desiring to secure the exclusive right of pastu-
rage over any particular Crown lands, must obtain a lease by pur-
chase, in one or other of the modes hereinafter described.
4. Within the settled districts lands will be let, for pastoral
purposes only, on annual lease, in sections of six hundred and
forty acres each, as charted in the Surveyor General's office, and
at a yearly rent not lower than ten shillings per section.
5. No portion of land, consisting of less than six hundred and
forty acres, or one square mile, will be let on lease, except in spe-
cial cases, which may render expedient a departure from this
rule ; and in any case where there is a broken section, with water
frontage, the section behind will be added to the lot.
6. No sections lying, either in whole or in part, within the dis-
tance of five miles of either of the cities of Sydney or Melbourne,
or within the distance of two miles from any town shown by the
last census for the time being to contain more than one thousand
inhabitants, nor any land set apart as the sites of towns or vil-
lages, or measured for sale as " Special Country Lots," nor any of
the lands comprised within the Church and School Estates, will be
open to lease under these regulations.
7. The annual leases issued under these regulutions will be
for the calendar year commencing on the first day of January;
and all leases granted, whether taking effect from the first day of
the leasing year, or from any subsequent date, will alike expire
on the 31st December.
7. The leases will carry with them the exclusive right of occu-
57
pancy of the land for pastoral purposes only, during the period
they shall remain in force; but a clause will be inserted in each
lease, permitting the lessee to cut such timber, with the exception
of cedar, as may be required for domestic uses, for firebote, fencing,
stockyards, or other conveniences for the use of the land, for the
purposes specified.
9. The leases will not be assignable, nor shall any portion of
the lands held thereunder be assigned or sublet, under penalty
of absolute forfeiture of the lease.
10. Lessees of lands under these regulations will not be entitled
to any compensation whatsoever for any improvements they may
effect on the lands.
11. The lands included in any lease will be open to purchase
under the ordinary regulations, and, in the event of their being
sold, or required for any public purpose, must be surrendered, as
heretofore, by the lessee, upon his receiving one month's notice ;
but, in such case, the balance of the price of the lease for the time
it has to run will be refunded to him.
12. Subject to the approval of His Excellency the Governor in
each case, the leases held under these regulations may be renewed
at the same yearly rent as that paid for the preceding year. Such
renewals will be ordinarily sanctioned by the Governor, unless the
lands be required for sale, or for any public purpose, or for the
satisfaction of any new claims which may arise under the pre-
emptive right hereinafter conferred on purchasers of crown lands.
It is, however, to be distinctly understood that His Excellency
reserves to himself the full power of periodically revising and
altering the terms on which the leases will be granted or renewed,
as the public interests may from time to time appear to him to
require.
13. Persons desiring to renew their leases under the preceding
clause, must make application to the Colonial Secretary, at Sydney,
or to the Superintendent of Port Phillip, at Melbourne, if the lands
be situated in that district, not later than the 31st August, in the
year preceding that for which the leases will have effect, and, if
allowed to do so, must pay the rent into the Colonial Treasury,
not later than the 30th day of September in the same year.
14. All leases for the ensuing year, which shall not be renewed
by the 30th of September preceding, will, whether applied for or
not, be put up to auction, in or about the last week in the month
58
of November in each year, in the manner described in a subsequent
part of these regulations.
15. No lease which has once been advertised for sale can be
obtained by any person until it has been submitted to competition.
16. The holders in fee simple of any lands within the settled
districts, whether acquired by purchase or grant, will be allowed,
subject to the conditions hereinafter prescribed, to obtain leases of
any vacant Crown lands adjacent to their respective properties,
without competition, at the fixed price of ten shillings per section
of 640 acres, and to the extent of three times their own purchased
or granted lands, if there be so much vacant Crown land available.
It is however to be understood, that the rule above laid down,
that land will not be let in portions less than six hundred and
forty acres, will not be departed from, in order to make up the
exact quantity which an individual may be entitled to claim under
this clause. And no person will be deemed entitled to the pre-
emptive right hereby conferred, who does not hold purchased or
granted lands in one block to the extent of, at least, one section.
17. If the holders of land in fee simple desire to lease a greater
number of sections than they are entitled to claim under the pre-
emptive right conferred by the preceding clause, they can only
do so by purchase at auction.
18. In cases in which the same portions of land may be claimed
by more than one party under the pre-emptive right conferred by
clause 16, the Government will, at the expiration of the term
allowed for preferring such claims, announce to each claimant the
names of his competitors, in order that he may arrange with them
respecting the division of the lands, in the manner pointed out in
the next clause.
19. If there be more than two claimants, the division of the
lands amongst them may be settled by private arrangement ; and
on the result of such arrangement being communicated to the
Government, within the time prescribed in the following clause, in
a document signed by all the contending parties, the lands will
be apportioned and let accordingly; but if there be only two
claimants, the question at issue between them may be determined
by arbitration in the manner following : Each party shall name
an arbitrator, and the two arbitrators shall have power, if neces-
sary, to elect an umpire, and, according to the award of such
arbitrators or umpire, the land in dispute will be apportioned and
59
let. In considering the respective claims of the contending par-
ties, it is desirable that the arbitrators and umpire should be
guided by the extent of purchased or granted land held by each,
so as to apportion the vacant Crown land in reference to such
extent, by the previous occupation of the land in dispute,
according to the usage of the Colony, as part of the run of either
of the parties and the access to water for its beneficial occupa-
tion.
20. If, at the end of one month from the date of the letter
announcing to the several claimants the names of their competi-
tors, the Government shall be uninformed of a division of the lands
having been made, either by agreement or by arbitration, the leases
of the lands so circumstanced will be offered for sale by auction,
and the public admitted as competitors for the same.
21. The holders of granted lands within the settled districts,
on which the quit-rent has been redeemed, will, for the purposes
of these regulations, be placed on the same footing in all respects
as the holders of purchased lands. The holders of granted lands
on which the quit-rent has not been redeemed, are not considered
admissible, under the terms of the Order in Council, to the pri-
vilege of pasturing their stock on Crown lands free of charge, as
above described, but they will be allowed to exercise the pre-
emptive right mentioned in clause 16.
22. Lands which have been brought by the Order in Council
within the settled class, but which have been hitherto held under
squatting licences for pastoral purposes, will be let to the present
licensed occupants thereof, on yearly lease, at the fixed rent of
one pound per section, so long as they shall not be required for
sale or for any public purpose, or be applied for on lease by any
holder of purchased lands in the immediate neighbourhood. But
whenever any holder of purchased land in the immediate neigh-
bourhood, shall either put forward his claim to the number of sec-
tions which he may be entitled to rent under the pre-emptive
right conferred by clause 16 of these regulations, or shall make
application for a lease of any additional sections to be offered for
sale by auction, such sections will not be re-let to the previous
occupant, but will be withdrawn from his holding, in order that
they may be demised to the person claiming the exercise of his
pre-emptive right respecting them, or be let by auction, as the
case may be. In respect, however, to any sections thus taken
60
out of the previous occupant's holding, in order that the leases of
them may be offered for sale, such previous occupant will be
allowed to continue to use them for pastoral purposes until the
day of sale, and, in the event of their not being then purchased,
to renew his lease for the current year at the rate above men-
tioned.
23. Any lot of land within the meaning of the preceding clause,
which may not have been charted in sections in the Surveyor
General's Office, will be let, until so charted, to the present
licensed occupant thereof in one block, the amount of rent being
determined by the computed number of sections therein contained,
according to an estimate to be submitted by the occupant, and ap-
proved by the Surveyor-General, or the Surveyor in charge at
Melbourne, according as the lands may be situated in the Sydney
or the Port Phillip District.
24. Of the class of lands referred to in clause 22, no section
containing valuable improvements, nor any of the sections con-
tiguous thereto, will, for the present, be open to lease under these
regulations, to any other persons than the present licensed occu-
pants thereof.
25. Persons desirous of exercising either of the pre-emptive
rights conferred by clauses 16 and 22 of these regulations, will
be required to make application accordingly, in the one or other
of the forms annexed, (A or B,) as the lands may be of the one
or other of the classes referred to, describing as accurately as
possible the sections which they desire to rent, and also specifying
the purchased or granted lands, or the licensed runs, in respect of
which they claim to exercise the pre-emptive right. These appli-
cations must be lodged at the Surveyor -General's Office, in Syd-
ney, or at the office of the Surveyor in charge at Melbourne, on
or before the 31st day of August in the year preceding that for
which the desired leases will have effect.
26. All leases accorded by the Government under the pre-
emptive rights conferred by clauses 16 and 22 of these regula-
tions, will be notified in the Government Gazette; and if, within
one month from the date of such notification, the rent for the
same shall not have been paid into the Treasury, the leases will
be offered for sale by auction.
27. All lands, to the leases of which no pre-emptive right shall
have been exercised within the periods above specified, will be
61
open to lease, and be offered for sale by auction, on tbe applica-
tion of any person requiring the same.
28. Applications for the lease, at auction, of particular portions
of Crown Lands, are to be addressed as heretofore to the Sur-
veyor-General in Sydney, or to the Surveyor in charge at Mel-
bourne, in the form annexed, marked C.
In or about the last week in the month of November in each
year, there will be a general sale by auction, at which will be put
up all leases for the ensuing year which may have been applied
for under the preceding clause, or which may have been claimed
but not obtained under the pre-emptive right, or of which a right
of renewal may have been granted but not exercised, as well as
any leases which the Government may think it expedient to bring
forward at its own instance.
30. Leases applied for under clause 28, subsequently to the
general sale, will be put up at auction as demanded, the term of
the lease in every such case being the unexpired portion of the
calendar year, as explained in clause 7.
31. No sale of leases under these regulations will take place
without one month's notice thereof having been given by adver-
tisement in the Government Gazette.
32. The sales will be held at the principal places of Petty
Sessions of the Police Districts in which the lands may be re-
spectively situated.
33. The upset price of each lot will be ten shillings per section
of six hundred and forty acres; or five shillings, if half the cur-
rent year shall have expired.
34. The Government reserves to itself the right to refuse the
bidding of any one, as well as to withdraw any lot from sale. But
this right will never be exercised, except for a sufficient and assign-
able cause.
35. The full price bid for each lot must be paid down on the
day of sale ; failing which, the land will be leased on application,
as described in clause 38.
36. As early as possible after the day of sale, leases will be
issued from the Colonial Treasury, at Sydney or Melbourne >
accordingly as the lands may be situated in the one or the other
of those Districts, to those persons who have duly paid their
purchase money.
37. Any lot of land, the lease of which may have been offered
62
for sale at auction and not bid for, may be obtained on lease by
any person of approved character, on payment at the Colonial
Treasury of the upset price of ten shillings per section, or of half
that price, if half the current year has expired.
38. The foregoing rule will also apply to those lands, the leases
of which have been bid for, but the price of which has not been
paid on the day of sale. In such case, however, the sum to be
paid for the lease will be, not the upset price, or its half, but the
highest price bid for the lot at the sale, or its half, if half
year shall have expired.
39. Lots open to purchase under either of the two preceding
clauses, but not taken, may be put up again at auction, either on
the application of individuals, or at the instance of the Govern-
ment.
40. The first Leases issued under these Regulations, will be for
the year commencing on the 1st January, 1849.
41. All Licences now held, in terms of the Regulation of the
21st August, 1841, which will expire during the present year,
may be renewed for the remainder thereof, on payment of rent
at the same rate as that paid for the existing Licences, such pay-
ment to be made on taking the Licences up at the Treasury.
42. It is distinctly to be understood, that as soon as these Regu-
lations shall have been brought into effect, all persons who may be
found in occupation of Crown Lands within the settled districts, con-
trary to the plain intent and meaning of these Regulations, will be
immediately proceeded against under the provisions of the Act of
Parliment, 9 and 10 Vict. cap. 104.
43. The Regulations for the occupation of Crown Lands within
the boundaries of location, dated 21st August, 1841, are hereby
cancelled. By His Excellency's command,
E. DEAS THOMSON.
63
No. 17.
(Schedule A.)
Form of Application to be used by the holder of purchased or granted Lands
in the Settled Districts, when claiming to exercise the pre-emptive right.
Place 1
Sib, Date
In pursuance of the Regulations of the 29th March, 1848, respecting the
occupation of Crown Lands within the Settled Districts, I do hereby apply to
be allowed Leases of the several sections of Crown Land hereunder described,
at the fixed rent often shillings per section.
The Land in virtue of which I claim to exercise a right of pre-emption,
is situated as follows, and is now in my possession, namely :
County of parish of situated 2
containing acres, being the Land 3 to 4 and for
which a deed of Grant has isaued in favor of 5
I have the honour to be, Sir, your most obedient servant,
To 6
Description of the Sections applied for.
No. 18.
(Schedule B.)
Application to be used by the holder of a Squatting Licence in respect to por-
tions of his Run situated in Settled Districts.
Place 1
Sib, Date
In pursuance of the Regulations of 29th March, 1848, respecting the
occupation of Crown Lands within the Settled Districts, I do hereby apply
to be allowed leases of the several sections of Crown Lands hereunder described,
at the fixed rent of One pound per section.
The Run in virtue of which I claim to exercise a right of pre-emption is
as follows, and is now in my Licensed Occupation, namely :
Commissioner's District
Name of Run
General Locality
I have the honour to be, Sir, your most obedient servant,
To 8
State as accurately as possible the sections required according to the chart-
ing in the Survey Office.
If the landa be not charted in sections, the boundaries of the entire extent
of land claimed should be given, with an Estimate of its area, in sections or
square miles.
1 State nearest Post Town. 2 State general situation of Land.
3 " Sold," or Granted," as the case may be. 4 State name of Purchaser or Promisee.
5 State name of Grantee.
6 To the Surveyor General in Sydney, or to the Surveyor in charge at Melbourne.
7 State nearest Post Town.
8 To the Surveyor General in Sydney, or to the Surveyor in charge at Melbourne.
64
No. 19.
(Schedule C.)
Form of ordinary Application for a Lease of Crown Lands within the Settled
Districts.
Place*
Sib, Date
In pursuance of the Regulation of 29th March, 1848, respecting the
occupation of Crown Lands within the Settled Districts, I have the honour to
request that the Leases of the portions of Crown Lands hereunder described
may be put up to public auction.
I hare the honour to be, Sir, your most obedient servant,
To a
Description of the Lands referred to.
County of
Parish of
Situated 3
and Bounded, &c. 4
No. 20.
COMMENCEMENT OF PASTOKAL LEASES.
Colonial Secretary's Office, Sydney, 28th October, 1851.
His Excellency the Governor-General, with the advice of the
Executive Council, has been pleased to establish the following
regulations with respect to the dates from which are to be com-
puted the terms of the leases to be issued for Crown lands in
the intermediate and unsettled districts, under Her Majesty's Order
in Council of the 9th March, 1847.
2. As in consequence of the unavoidable delay that has occurred
in the intended issue of pastoral leases, the licensed occupants of
Crown lands have not hitherto been in the enjoyment of all the
advantages which would have accrued to them from the possession
of such leases, and as, moreover, it is known that many persons,
in the full conviction that the terms of the leases would be com-
puted from the date of issue, have disposed of their interest in
pastoral runs subject to that condition, His Excellency, with the
advice of the Executive Council, has been pleased to direct, that
1 State nearest Post Town.
2 To the Surveyor General in Sydney, or to the Surveyor in charge at Melbourne.
3 State general locality.
i State the boundaries as accurately as possible, with reference to section lines.
C5
in regard to all leases to be issued, both for lands held under
licensed occupation previously to the promulgation of the Order
in Council above referred to, and for runs hitherto acquired by
tender, the maximum term of eight years and fourteen years, as the
case may be, shall commence from a future certain day, namely,
1st January, 1852, without reference to the actual date on which
the leases may issue, but that with respect to all runs hereafter
taken up by tender, the duration of the lease shall be computed
from the date of the first payment of rent under the accepted
tender. By His Excellency's Command,
(Signed) E. DEAS THOMSON.
No. 21.
CROWN LANDS BEYOND THE SETTLED DISTRICT.
Reserves from Lease.
Crown Lands Office, Sydney, 11th March, 1852.
It is hereby notified, for general information, that His Excel-
lency the Governor-General has been pleased, with the advice of
the Executive Council, to direct that the several portions of Crown
Lands hereunder described shall be reserved from lease, under
Her Majesty's Order in Council of 9th March, 1847, subject to
tho following limitations in favour of the licensed occupants thereby
affected.
2. The formation of the intended reserve may in any case be
defeated wholly or in part by the licensed occupant, whose run is
thereby affected, exercising, within twelve months from the present
date, the pre-emptive right conferred on him by Her Majesty's
Order in Council of 9th March, 1847, in respect of the whole or
any portion of the land proposed to be reserved.
3. No such pre-emption can be of less extent than 160 acres,
and if less than 320 acres, the cost of measurement will have to be
borne by the purchaser.
4. The price at which the licensed occupant of the run will be
allowed thus to purchase without competition will be one pound
per acre, or such higher price as may be fixed by valuers ap-
pointed under section 8 of Chapter II. of the Order in Council.
66
5. Every lot of land to be selected must be measured in accor-
dance with the general rules laid down in section 7 of Chapter
II. of the same Order in Council.
6. Should the licensed occupant fail to exercise his pre-emptive
right, in respect of the whole or any part of the land proposed to
be reserved, within twelve months from the present date, the re-
servation of the whole or the remainder, as the case may be, will
then become absolute and indefeasible.
7. It is of course distinctly to be understood that, by this general
formation of reserves, the Government does not in any way divest
itself of the right of making hereafter such further reserves, whether
before or after the issue of leases, as the public interests may
dictate.
8. The foregoing regulations are intended to apply to runs,
out of which reserves are now for the first time about to be made.
(Signed) GEO. BARNEY,
Chief Commissioner of Crown Lands.
No. 22.
EXTKACTS FEOM THE DESPATCH OF LOED GKEY,
Secretary of State for the Colonies, dated 29th November, 1846.
" There is, as you will observe, a very material difference between
the conditions on which it is proposed that land should be held in
the three different classes of districts which it is intended to esta-
blish, and the nature of this difference is such as would make it
necessary that you should act with extreme caution in classing
the lands of the Colony in one or the other of these districts.
Land in the unsettled districts, according to these regulations,
would be put absolutely out of the power of the Crown, and be
rendered unavailable for settlement, for the long period of four-
teen years. It would therefore be absolutely necessary that no
lands should be so classed except those which, from the remote-
ness of their situation, you have reason to feel assured will not be
required for sale to the public, for the purpose of permanent occu-
pation, during the term for which the leases will be granted."
In the concluding paragraph, His Lordship writes, " I have to
instruct you to be most careful on this point, since it would be
67
a source of very serious injury, both to the Colony and the
mother country, if, at the end of eight or ten years, it should
be found that the progress of emigration was checked, by the
inability of the Crown to find lands to intending emigrants. Tou
will recollect also, that as the proposed regulations with regard
to intermediate lands will secure to the actual holder a right of
occupation for eight years, unless they are previously required for
purchase, and will also assure to him, on giving up possession, a
right to the value of his improvements, there would also be the
less occasion for placing in the class of Unsettled Districts any
lands as to which even a doubt can be entertained."
No. 23.
EXTEACT FROM LORD GREY'S DESPATCH TO SIR OHAS. FITZROY,
Transmitting the "Order in Council," of date ZOth March, 1847. /
" I have in my former despatch explained to you the great im-
portance which I attach to avoiding an error of this kind, with a
view to the interests of future settlers, and how great my anxiety
is that no undue extension should be given to the lands to be defined
as unsettled, and which would thus be put out of the power of
the Crown, and rendered unavailable to the public by purchase,
for the long period of fourteen years."
No. 24.
EXTRACT FROM "ORDER IN COUNCIL,"
Dated \th July, 1849.
" Provided always that no such condition, or claim of forfeiture,
exemption, or reservation, shall entitle any person, other than the
holder of such lease, to use the lands comprised therein for the
purpose of pasture or cultivation."
08
PART IT.
No. 25.
Bacchus Marsh, 13th November, 1847.
Sir, We beg to call your Honour's attention to the following
statement of facts, with reference to two of the lots of land adver-
tised for sale by the Governor's proclamation of the 23d October
last. The lots alluded to are styled,
90, Grant 229, Parish of Parwan, per No. 28.
91, Grant 229, Parish of Parwan, per No. 29.
Now these portions of land are comprised in the run of which
we are the licensed occupiers, and fall within the division of Inter-
mediate Lands, made by the Order in Council of the 9th March ;
under that Order in Council we, as such licensed occupiers, are
entitled to claim from the Crown a lease of the land comprised in
our run, which lands could not be put up for sale save under
certain conditions with respect to notice, &c. which have not been
complied with in the present instance. Had we been in possession
of our lease, there could be no doubt that any grant made by the
Crown of such lands would be bad, if the condition imposed by
the Order in Council were not complied with by the authorities
here ; and our position now is this : we have been given, by the
Act of Parliament, and the Order in Council made pursuant to it,
a right to claim a lease ; this right is such an one as a Court of
Equity would enforce in the case of individuals : and, in so doing,
would place persons entitled to a lease in the same position as if
the lease had been actually granted at the time when their right
accrued. We feel that it cannot be the wish of the authorities
here to encroach on the rights of individuals ; and we hope that
our drawing your Honour's attention to the circumstances, will be
sufficient to have these sections omitted from the sale of December
8th. We should, however, feel obliged by the earliest notification
of the course to be pursued by the Government, as it is of course
69
important to us to know whether it will be necessary for us to take
any further steps for the protection of our rights. We have, &c.
(Signed) JAMES MOORE.
CHARLES GRIFFITHS.
His Honour the Superintendent of Port Phillip, &c. &c.[&c.
Superintendent's Office, Melbourne, 22nd November, 1847.
Sir, I beg leave to forward to you, with a request that the sub-
ject may be brought at once under his Excellency's notice, a copy
of a letter which I have received from Messrs. Moore & Griffiths,
adducing reasons why they consider that certain portions of land,
noted in the margin, ought to be withdrawn from the sale to take
place under His Excellency's proclamation on the 9th December
next, together with a copy of memorandum, exhibiting my view
of the case, which it appears is coincided in by the Crown Prose-
cutor, and under which I feel it my duty to notify Messrs. Moore
and Griffiths, that I do not consider myself justified to direct the
withdrawal in question, for the reasons which they adduce, but as
there still remained time for the submission of the case to the
Governor, I would take advantage of the present mail to forward
a copy of it for His Excellency's consideration. I have, &c.
(Signed) C. J. LA TROBE.
The Hon. the Colonial Secretary.
Melbourne, 22nd November, 1847.
Sir, Having perused Messrs. Moore and Griffiths' letter of the
13th inst. and your Honour's memorandum accompanying the same,
I do myself the honour to state, that I am of opinion your Honour's
memorandum is a full answer to tho complaint of these gentlemen.
I cannot see that any condition or terms appertaining to the re-
lation in which these gentlemen stand to the Crown, as the licensed
occupiers of their run, have been violated. Surely they cannot
think that the Government should give them personal notice.
The notice in my mind Messrs. Moore and Griffiths are entitled
to, is the usual notice given upon any public sale of land in the
Gazette. In fact, I cannot see anything in the Order in Council
of the 9th March, 1847, giving squatters the right of pre-emption
under tenure, under which they, the squatters, are at present in
70
occupation of their runs. The only right the first of the conditions
annexed to the 15th section, alluded to by Messrs. Moore and
Griffiths, confers on them, is to give the option of purchasing
land for its fair value. I can see nothing, either in the 1st or 15th
section, chapter 2, nor in the 1st section, chapter 3, disabling his
Excellency the Governor from disposing of the two sections al-
luded to in the letter of Messrs. Moore and Griffiths of the 13th
instant. I further think those gentlemen have got the only notice
they can consider themselves entitled to. I have, &c.
(Signed) JAMES CROKE,
The Hon. the Superintendent. Crown Prosecutor.
No. 26.
Superintendent's Office, Melbourne, 23d December, 1847.
Sir, Reverting to the correspondence which I had the honour
to forward to you on the 22d November, on the subject of certain
sections included in the licensed run of Messrs. Moore and Griffiths,
in the parish of Parwan, which were advertised for sale by His
Excellency's proclamation of the 23rd October last, and to which
sale the gentlemen in question objected, for reasons given in their
letter of the 13th of November, and to your acknowledgment of
the receipt of the same by your communication of the 4th December,
No. 673, informing me that it had been found necessary to refer it
to the law officers, I have the honour to state that, having received
no further information at the date the sale took place, I was unable
to give any directions to the sub-treasurer for the withdrawal of
the lots in question.
I have since received a communication from that officer, informing
me of the course pursued by these gentlemen in reference to the
sale of the lots in question, by which it appears they were prepared
to contest the validity of the sale by the interposition of a caution,
to be publicly given in the auction room, in order to deter pur-
chasers, and stating the circumstance and considerations under
which the sub-treasurer considered himself justified in withdrawing
the lots from sale.
I consider the course of proceeding adopted by Messrs. Moore
and Griffiths of such an unusual character, that it should be
brought under His Excellency's notice. I have, &c.
(Signed) C. J. LA TROBE.
The Hon. the Colonial Secretary.
71
No. 27.
Colonial Secretary's Office, Sydney, 3rd January, 1848.
Sir, In referring to my letter of the 4th ultimo, I do myself
the honour, by the direction of His Excellency the Governor, to
transmit to you the accompanying opinion of the Attorney-General
and Solicitor- General, on the claim made by Messrs. Moore and
Griffiths to have certain lands, licensed to them in the county of
Grant, withdrawn from the intended sale on the 9th ultimo, as
coming within the denomination of Intermediate Lands, under the
Order in Council of the 9th March last, by which you will perceive
that those officers consider that the lands in question can be sold
as proclaimed. I have, &c.
(Signed) E. DEAS THOMSON.
The Hon. Superintendent of Port Phillip.
OPINION.
I have conferred with the Solicitor General on this matter, and
we are of opinion that the land in question can be sold under the
Governor's proclamation, but not exactly upon the ground upon
which Mr. La Trobe and the Crown Prosecutor of Port Phillip
rest that opinion, because it seems to us that, so far from the right
of claim of lease not being given till after the expiration of six
months from the publication of the land order, the correct con-
struction of section 11 of chapter 2 of the order is, that the de-
mand is to be made at some time before the end of six months.
The terms of the regulations restraining the sale of land, except
in the manner provided by the Order, apply only to the time when
the lands are actually under lease (sections 6, 9, and 15); and such
is not the present position of these lands, for it does not seem
that as yet Messrs. Moore and Griffiths have ever made the de-
mand, which must be the first step towards obtaining a lease.
It is not to be denied that an indiscriminate sale of lands under
licensed occupation within the Intermediate and Unsettled Dis-
tricts, between the publication of the Order and the demand of the
lease, would be open to much objection. But hero it seems that
the sections were applied for, and such application approved of by
the Government, before the publication ; and from the position of
the lands it is not perhaps unreasonable to surmise that they should
(under section 9 of chapter 2) be left open for purchase on grounds
72
of public " utility" or " convenience," or for facilitating the im-
provement and settlement of the Colony.
Care should be taken, when the lease to Messrs. Moore and
Griffiths is prepared, that those sections be specially excluded.
(Signed) J. H. PLUNKETT.
No. 28.
Colonial Secretary's Office, Sydney, 22nd March, 1848.
Sir, Referring to your Honour's letter of the 23rd December
last, No. 1377, relative to the withdrawal from sale of two por-
tions of land at Port Philip, in consequence of the proceedings of
Messrs. Moore and Griffiths, within whose licensed run the lands
are situated, I am instructed to transmit, for your Honour's infor-
mation, a copy of the minutes of the proceedings of the Executive
Council on this subject.
I have referred to the Crown law officers on the two points on
which the Council desired legal advice, and I am now to request
that your Honour will report, in accordance with the suggestion
of the Council,
1. Whether there are any lands adjoining those referred to
which it would be specially desirable to include in a reserve to be
formed in that locality ;
2. As to the expediency of establishing a general rule, that all
measured lands, situated within any part of the Intermediate Dis-
tricts, which, previously to the publication of the Order in Council,
were within the boundaries of location, should be expressly re-
served from lease, in order that they may be immediately avail-
able for settlement whenever a demand for them may arrive ;
and
3. That your Honour will furnish a return, showing the posi-
tion and extent of the several lands in the Port Phillip District
which would be reserved from lease if this principle were adopted.
I have &c.
(Signed) E. DEAS THOMSON.
The Hon. Superintendent of Port Phillip.
73
Proceedings of the Executive Council on the 3rd February, 1848,
relative to the withdrawal of certain lands from sale at Port-
Phillip, in consequence of the proceedings of Messrs. Moore
and Griffiths, the present licensed occupants thereof. Min-
ute No. 48 | 4 E, confirmed 9th March, 1848.
Executive Council Office, 13th March, 1848, No. 48 | 89.
Referring to their proceedings on the 18th January last, when
the papers in the case were laid before them, the Council resume
the consideration of the measures which it will be expedient to
take in respect to the land withdrawn from sale by the sub-trea-
surer at Melbourne, in consequence of the proceedings of Messrs.
Moore and Griffiths.
The Council think it highly expedient, for the maintenance of
the rights of the Crown, that the lands in question should be early
offered again for sale, but the manner of doing so appears to
require serious consideration.
In the first place, the Council advise that the following ques-
tions should be submitted to the Crown law officers for their
opinion :
1. By the 17th section of the Crown Lands Sales Act, 5 and
6 Vict., c. 36, the Governor is empowered to grant licences for
the occupation of the waste lands of the Crown in the Colony ;
and it is enacted by the same clause, that no such lands shall be
sold until after the expiration of the licence for the occupation of
the same. Can the Governor, consistently with the provisions of
this clause, offer for sale any lands comprised within the recog-
nised boundaries of a run occupied under an ordinary pasturage
licence, or must he await the expiration of the licence before pro-
ceeding with the sale ?
2. Messrs. Moore and Griffiths are in licensed occupation of
lands situated within the Intermediate districts, as defined by her
Majesty's Order in Council of the 9th March, 1847, and are en-
titled to demand a lease of those lands accordingly, under the 11th
section of Chapter II. of the said Order. Two sections of those
lands were applied for, for purchase, in 1847. In a proclamation,
dated the 7th October, 1847, they were advertised for sale on the
9th December, 1847, but were then withdrawn by the officer
conducting the sale, in consequence of the proceedings taken by
Messrs. Moore and Griffiths, as explained in the correspondence
on the case. The Government now desire again to offer the same
74
sections for sale, before the expiration of the existing licence, if
the law will allow it ; but if not, immediately on its expiration
shall the Governor proclaim the intended sale, without any refer-
ence to the Order in Council ; or is it necessary or expedient that
he should first declare that, by virtue of the powers vested in him
by the 9th section of Chapter II. of that Order, he intends to re-
serve these particular lands from the lease which will be issued to
Messrs. Moore and Griffiths ?
The Council next advise, that when the time and manner of
proceeding with the sale shall have been determined by the Crown
law officer's opinion on the foregoing questions, those officers
should be further instructed to prepare the form of proclamation
to be used in notifying the intended sale. It may also be desir-
able that they should draw up a document, to be read, if neces-
sary, at the sale, guaranteeing on the part of the Crown that the
purchasers will be maintained in possession of the lands, notwith-
standing any proceedings adopted by the present licensed occu-
pants.
The Council further suggests that, subject to the opinion of the
Crown law officers, a communication should be made to Messrs.
Moore and Griffiths, that they will be proceeded against by the
Government for damages, should the sale be prejudiced by any
proceedings on their part.
The Superintendent of Port-Philip should be requested to report
whether there are any adjoining lands which it would be specially
desirable to include in a reserve to be formed in that locality.
This case has suggested to the Council the possible expediency
of establishing a general rule, that all measured lands situated
within any part of the Intermediate Districts, which, previous to
the publication of the Order in Council, were within the boundaries
of location, should be expressly reserved from lease, in order that
they may be immediately available for settlement whenever a de-
mand for them may arrive. But before pronouncing a decided
opinion in respect to the expediency of such a rule, the Council
desire to receive the opinion and report of the Superintendent of
Port Phillip as to the probable practical working of it in his district.
The Council would further desire to receive a return, showing
the position and extent of the several lands in that district which
would be reserved from lease if this principle were adopted.
(Signed) FRANCIS L, S. MEREWETHER,
Clerk of the Council.
75
Superintendent's Office, Melbourne, 22 nd April, 1848.
Sir, I take leave to acknowledge your letter of the 22nd March,
No. 48 | 177, referring to the withdrawal from sale of two portions
of land cited, in the margin, in consequence of the proceedings of
Messrs. Moore and Griffiths, within whose licensed run the lands
are situated, transmitting for my information a copy of the minutes
of the proceedings of the Executive Council on this subject, and
requesting my report on certain points.
In reply to the first inquiry, whether there are any lands ad-
joining those referred to which it would be specially desirable to
include in a reserve to be formed in that locality,
I beg to state, that the sections in question form part of certain
subdivided sections in the parishes of Merrima, Parwan, and Kor-
kuperrimul, within the counties of Grant and Bourke, in the vi-
cinity of the Werribee River. Of these, whether sold or unsold,
I beg to forward a return, and to add, that I think it will be well
to exempt the whole of the latter from lease. They lie without
the Settled District, and of course are comprised within the inter-
mediate land.
The second inquiry is as to the expediency of establishing a
general rule that all measured lands, situated within any part of
the Intermediate Districts, which, previously to the publication of
the Orders in Council, were within the boundaries of location,
should be expressly reserved from lease, in order that they may
be immediately available for settlement, whenever a demand for
them may arise.
With reference to the inquiry, and the following instructions
(3), I beg to inclose,
1. A return of all measured lands, both of sold and of Unsold, at
this date, within the counties of Bourke, Grant, and Normanby,
which may be beyond the limits of the respective Settled Districts,
showing the position and contents, and whether now considered
open to selection at upset price ; and, further,
A return of all measured lands, sold or unsold, at this date,
without the boundaries of the three counties, in the same form,
specifying the quarter in which they lay, &c. &c.
There are no measured lands of the above description at this
time without the boundaries of the "Settled District around Al-
berton.
I have here to remark, as to the unsold Crown lands within the
76
Settled District, the regulations recently issued from your office,
of the 29th March, interpose no hindrance to their being brought
forward for sale whenever required ; and it might appear that the
Government would be therefore at this date at liberty, either at
its own pleasure or on the application of individuals, to take mea-
sures for such sale. Nevertheless, by the decision of the Gover-
nor and Executive Council, of the 27th October, 1847, communi-
cated to me in your letter of the 17th November last, No. 629,
the improved portion of all runs within the Settled Districts are
for the present reserved from sale, pending the decision of the
Home Government ; the quantity of land at the disposal of the
Government for sale within the Settled District even is, to a cer-
tain degree, in consequence restricted.
In the Intermediate District 1 have gathered, from recent cor-
respondence, that the Government would not consider itself justi-
fied to proclaim for sale lands held at this time under licence, and
for which application for lease had been made.
Now if this be the case, no land whatever of this class can be
with propriety brought forward for immediate sale, seeing that
all these lands are at present occupied in the above manner ; and
it may be presumed that for the greater portion applications for
lease have been sent in.
I presume that, nevertheless, however subject, as they necessa-
rily have been and are, to temporary occupation, in common with
other measured sections in the immediate vicinity not so situated,
sections in the Intermediate District which have been already put
up for sale by auction, and remain unsold, may even at this date
be held to be open to selection at upset price, under the 11th
clause of the regulations of the 1st March, 1843, and that the
same is the case with measured sections similarly situated in the
Unsettled District, of which it will be seen there are a consider-
able number.
If the power of the Government in bringing forward land for
sale is so far restricted, both in the Settled and the Intermediate
District, its hands are equally tied within the Unsettled, whether
within or beyond the limits of the proposed new counties ; and
this is clear from the decision in the case of Mr. Clarke's appli-
cation for sale of 10,000 acres, at present in the licensed occu-
pation of Mr. Coghill, which shows that, until the decision of the
Home Government upon the the various points referred to it is
77
known, no application for the sale of the lands so situated and so
circumstanced will be entertained.
I have made the above observations, to show that the power of
Government to sell country land, wherever situated, until the
questions adverted to are decided, the proper reserves made, and
the system has come a little more into operation, is almost done
away with in this district ; and to point out that in this portion of
New South Wales, where the quantity of land comprised within
the Settled Districts, exclusive of the extended and almost barren
coast line, is so limited, very little country land whatever can be
for the present brought forward for sale to meet the public re-
quirements.
Under these circumstances, I certainly think that all the mea-
sured lands within the three counties, which with Gipps Land
form the whole of the present Intermediate District, and may be
considered identical with the country within the boundaries of
location, should be specially reserved from lease, as suggested by
His Excellency the Governor and the Executive Council.
The return No. 2. shows the amount of such unsold land so
situated, as well as the lands sold at this date.
I may remark that no provision has been made, or apparently
contemplated to be made, for the extension of the privileges of
the occupation of the neighbouring unsold sections, to the pur-
chasers of the Crown lands in the Intermediate and Unsettled
Districts ; and yet it appears to me to be difficult to assign a rea-
son why such privilege should be exclusively assigned to the pur-
chaser of Crown lands within a certain limit only. A glance at
the chart of this district, and the return No. 2, will show, especially
in the case of the Colac District, now supposed to lie within the
unsettled lands, how reasonably a claim for such privilege might
be preferred by occupants of purchased sections in that vicinity,
particularly if it be decided that many of the unsold measured
sections in their vicinity at this very time are open to selection at
upset price, under the 11th section of the regulations of 1st March,
1843.
In conclusion, and with special reference to the information
given by return No. 3, of all measured lands without the limits of
the boundaries of the three counties, my own impression is, that it
is advisable that none of these measured lands should be included
in any lease to be issued. It appears to me that the quantity
78
of measured land in the district is not much greater than ought
to be kept available, and open for purchase if required, the rather
as it is certain, that, viewing the absolute necessity of following
up the general survey of the district, and the laying out the main
lines of road, and the reserves, that the survey departments will
have little or no time to attend to special applications for the sur-
vey of fresh portions for purchase for some time to come, unless
its strength be very considerably increased expressly to this end.
But in making this suggestion I am aware that difficulties stand
in the way, and am not clear that His Excellency will feel himself
at liberty to act in accordance with it at this time. I have, &c.
(Signed) C. J. LA TROBE.
The Hon the Colonial Secretary, Sydney, &c. &c. &c.
No. 29.
Attorney-General's Office, 8th November, 1848.
Sir, We have the honour to acknowledge the receipt of your
letter of the 22nd March last, referring to the opinion given by
the Attorney-General in December last, as to the power of the
Government to offer for sale certain portions of land at Port
Phillip, comprised within the licensed run of Messrs. Moore and
Griffiths, and requesting our further opinion on the matter.
In reply, we beg to apologise for the great delay that has taken
place in answering your letter, but it was owing to a difference of
opinion that you will perceive exists in the case between us.
We have the honour to transmit our separate opinions herewith.
We have, &c (Signed) J. H. PLUNKETT,
The Hon. the Colonial Secretary. Attorney General.
I retain the opinion expressed by me before, in conjunction
with the late Solicitor- General.
Of the power of the Crown to sell and give a good title I en-
tertain no doubt; and as the application to purchase was made
and approved before the claim of Messrs. Moore and Griffiths to
a lease came into existence, I conceive that the Government is
pledged to give the applicant the opportunity to purchase which
he sought, and which was virtually, if not actually promised,
when no claims whatever interfered with the rights of the Crown.
79
I cannot help thinking that the effect of the Land Orders in
Council has been very considerably and generally misunderstood,
because it does not appear to me that the 11th section of Chapter
II. gives an absolute right to a lease at all, and certainly not to
an eight or fourteen years' lease.
That section certainly is couched in very positive terms as to
the right to " demand " leases; but it must be read in connection
with the first section of the same chapter, which purports to give
the Governor some discretion as to the persons to whom he shall
" grant" leases, and an unfettered authority as to the duration of
the lease within the maximum limits specified. If the 11th section
were construed as giving to the licensed occupant a pre-emptory
right to a lease, it would be thereby made irreconcilable with the
first section ; but, if possible, it is the duty of those who may have
to interpret the rules to give effect, even to apparently discordant
provisions, by making each operate as a qualification of the other,
so that both may be made to speak in unison. Taking the two
sections together, I do not think that the 11th section gives to the
licensed occupant such an absolute right to the land for any
definite period as could be recognised as a legal bar to the sale.
If, under any conceivable circumstances, the Governor has a dis-
cretionary power of withholding a lease, no man can assert a right
to one until the discretion has been determined in his favour ; and
until the Governor has irrevocably fixed the duration of a lease,
no man can say as matter of law that he is in the virtual position
of a lessee for a definite term, and that at the particular moment
at which a sale takes place he was possessed of rights paramount
to that of the vender.
The clause which prohibits the sale of leased land during the
continuance of the lease does not in terms apply to the case of
Messrs. Moore and Griffiths, inasmuch as there is no lease in ex-
istence, and therefore it does not operate as an actual prohibition
of this sale.
In ordinary cases, it would and ought to be so considered by
the Government that a licensed occupant, to whose demand of a
lease there is really no objection, is entitled to have the lands in
his occupation withheld from sale during the period for which it
is really in contemplation as a general measure to grant leases,
subject only to the express provisions of sections 6 and 9 of chapter
2, and section 1 of chapter 3 ; but as in this case the Crown was
80
pledged to give the applicant for purchase an opportunity to buy
the land before the proclamation of the Queen's Order in Council,
it would seem to be the duty of the Government to stand upon
its strict legal rights, in order to protect its honour.
It does not appear to admit of question that the Governor may
make sale of these lands, if they are required "for facilitating the
settlement of the Colony." But if the lease had been issued there
would a difficulty arise under the word " required," there being
no express provision made by means of which it can be determined
what lands are so required, and it requiring a clear case to divest
an interest once formally given ; and both before as well as after
lease a question arises upon the words " for facilitating the settle-
ment of the Colony." These words, as I understand them, are
not intended to give a power to sell any particular sections to a
private applicant for purchase, but must either refer to spots re-
quired as townships, or to tracks of land adapted for general
settlement. The whole clause has reference to public interest only,
and if the words were understood so as to authorise the sale of
the two sections in question independently of any other ground,
the effect of the conditions granted by section 15 in favour of the
lessee might be arbitrarily avoided in any case.
I think, therefore, that if the sale were proposed to be effected
for facilitating the settlement of the Colony, these particular
sections should be included in a larger reservation of land available
for settlement as contra-distinguished from squatting.
If the fact be that these lands and others in the neighbourhood
are so available, and the settlement would be retarded by allowing
them to be put under lease, it appears to me desirable that public
notification should be given of their being reserved for settlement,
and that the sale of these sections should be made after and with
reference to this notification.
This last remark is in reply to the inquiry submitted to the
law officers as to the expediency as well as necessity of making a
declaration under section 9 before the sale is effected.
I have now only further to state, that in my opinion the lands
cannot be sold during the continuance of Messrs. Moore and
Griffith's occupation licence.
(Signed) J. H. PLUNKETT, Attorney-General.
81
No. 30.
It appears to me that Messrs. Moore and -Griffiths are, under
the circumstances here stated, entitled to a lease of the lands men-
tioned in the accompanying case, if they have applied, or do duly
apply for the same.
It is admitted that at the time when the Order in Council came
into eiFect, they were in licensed occupation of these lands so as to
entitle them to demand a lease of them, under the eleventh section
of Chapter II. of such Order ; and, these being intermediate lands,
under Chapter III. of such Order the duration of such lease is
directed to be eight years.
No doubt there is a provision in the said last mentioned chapter,
that the Governor may, at the expiration of each successive year
from the date of the lease, offer the land for sale, but still giving
to the lessees a right of pre-emption.
But it is here proposed, before such lease has been granted (and
after Messrs. Moore and Griffiths have, under the aforesaid Order
in Council, become entitled to the same), to offer this land for
public sale, and sell the same ; not that it is required for any of
the purposes mentioned in the third section of 5 & 6 Vict. Chap-
ter XXXVI. or the ninth section of Chapter II. of the aforesaid
Order in Council, but merely because some private individual has
applied to purchase the same, and may be expected to give a good
price for the same, to answer his own individual purposes. I
have &c. (Signed) W. FOSTER, Solicitor-General.
The Hon. the Colonial Secretary, &c. &c. &c.
No. 31.
Attorney General's Office, Sydney, 12th December, 1848.
Sir, We beg leave to acknowledge the receipt of your letter of
the 4th instant, stating that his Excellency the Governor having
laid before the Executive Council our letter of the 8th ultimo,
submitting our separate opinions with respect to the power of the
Governor to offer for sale certain portions of land comprised within
a licensed run in the district of Port Phillip, you are now desired
by His Excellency to inform us, that before giving any advice as
to the course to be pursued in respect to the sale of the land in
question, the Council desire to receive our opinion on the following
further question. The run of Messrs. Moore and Griffiths (in
82
which the land is comprised) being situated in an Intermediate
District, the Governor would be empowered, if a lease of it had
been issued, to offer any portion of the run for sale at the end of
any year from the date of the lease, upon giving sixty days' notice
to the lessee, and subject to the conditions in favour of the lessee
which are specified in Chapter II., section 15, of the Order in
Council. Can the Governor offer any portion of the run for sale,
upon these same terms and conditions, whilst it remains held, under
a yearly licence ?
In reply, we have the honour to state, that we are of opinion
that, until a lease of this land has been issued under the first sec-
tion of Chapter III. of the Rules and Regulations made by Her
Majesty in Council, on the 9th day of March, 1847, and has either
expired by lapse of time, or been determined by a notice, as is
therein provided, no portion of it could be legally put up for sale
in the way suggested. We have, &c.
(Signed) J. H. PLUNKETT, Attorney-General.
W. FOSTER, Solicitor-General.
The Hon. the Colonial Secretary, &c. &c. &c.
No. 32.
Colonial Secretary's Office, Sydney, 22nd March, 1848.
Sir, I duly received and submitted to the Governor your
Honour's letter of the 31st December last, No. 1399, on the subject
of the application of Mr. W. J. T. Clarke to purchase at auction a
large portion of the licensed run of Mr. Wm. Coghill ; and His
Excellency, with the advice of the Executive Council, instructed
me to make your Honour the following communication in reply.
Mr. Coghill, as the present licensed occupant, is entitled to de-
mand a lease of his run, under the Order in Council, Chapter II.
section 11.
The Government will be bound to grant to Mr. Coghill, on his
demand, a lease of his run, with the exception of such portions (if
any) as it may be thought expedient to reserve for any of the
purposes referred to in section 9 of Chapter II. of the Order in
Council.
If Mr. Coghill's run be not withdrawn from the class of unset-
tled lands, by the proclamation of a new county in that locality,
the Government will be precluded, during the continuance of his
83
lease, from selling any portion of the run to any other person than
Mr. Coghill himself, or of disposing of it in any manner, unless it
be required for any of the purposes referred to in section 9 of
Chapter II. of the Order in Council, or be within the distance of
two miles from a railroad.
If Mr. Coghill's run be brought within the class of intermediate
lands, the Governor may sell anyjportion of it at the end of each
year, during the continuance of the lease, on giving sixty days'
notice; but Mr. Coghill will be entitled to exercise the pre-
emptive right conferred on lessees of intermediate lands in such
cases by the Order in Council.
It thus appears that Mr. Clarke's application for purchase
cannot be entertained at all until it shall be decided within what
class of lands Mr. Coghill's run will be placed.
In answer to the general inquiry in your Honour's letter of
the 27th December last, No. 47 | 1398, 1 am directed to observe,
that during the present year no lands but such as are in the set-
tled districts, or such as it may be expedient to reserve under the
9th clause of Chapter II. of the Order in Council, should be
offered for sale. At the end of this year it will be open to the
Government to bring forward for sale land comprised within the
intermediate districts, as they may then be defined, subject to the
conditions in favour of the lessees which are specified in the Order
in Council. I have, &c. (Signed) For the Colonial Secretary,
W. ELYARD, Junr.
His Honour the Superintendent of Port Phillip.
No. 33.
Colonial Secretary's Office, Sydney, 14th September, 1850.
Sir, In acknowledging the receipt of your Honour's letter of
the 9th ultimo, respecting the application made by Messrs.
Rogers, Lamb, and McGaa, to have the Kilmoro estate brought
within the settled districts, I do myself the honour to inform you
that the gentlemen in question have been apprised that the
Executive Council cannot advise His Excellency the Governor to
propose any further extension of the settled district. I have, &c.
(Signed) E. DEAS THOMSON.
His Honour the Superintendent, Port Phillip.
84
No. 34.
Colonial Secretary's Office, Sydney, 28th December, 1850.
Sir, 1. Referring to your Honour's letter of the 31st October
last, No. 220, relative to the power of the Government to offer
for sale portions of runs in the Intermediate Districts, before the
issue of the leases to the occupants thereof, I have the honour to
inclose a copy of the report from the Crown law officers, from
which your Honour will perceive that in their opinion the right of
the Government, under Chapter III. of the Order in Council, to
offer for sale portions of runs in the Intermediate Districts, before
the issue of leases thereof to the present occupants, is at least too
questionable to be asserted.
2. Whilst however communicating to your Honour this opinion,
His Excellency the Governor, with the advice of the Executive
Council, directs me to point out to your Honour, that although,
until the issue of the leases, the Government will not be able,
under Chapter III. of the Order in Council, to sell to any other
persons than the occupants lands forming portions of runs situated
in the Intermediate Districts, it is open to the Government at
any time to bring forward for sale the lands contained in reserves
formed under section 9 of Chapter II. of the Order in Council,
and the rules laid down by the local Government on the subject.
Whenever, therefore, any reserve shall have been made either in
the Intermediate or Unsettled Districts, the land comprised in it,
being thus withdrawn from the operation of the provisions re-
garding leased lands, can be brought forward for sale by auction
in the usual way. I have, &c.
(Signed) E. DEAS THOMSON.
His Honour the Superintendent of Port Phillip.
Attorney General's Office, Sydney, 27th September, 1850.
Sir, 1. We have the honour to acknowledge the receipt of your
letter of the 5th instant, No. 50 | 476, referring for our con-
sideration the accompanying communication from the Superinten-
dent of Port-Phillip, relative to the power of the Government to
offer for sale portions of runs in the " Intermediate Districts,"
before the issue of the leases thereof to the occupants.
2. In reply, we have the honour to state, that we think the right
85
of the Government to sell portions of runs on the " Intermediate
Districts," in the present state of things, is at least too questionable
to be asserted.
3. The present question is not the converse in all respects of
that which was submitted to us in your letter of the 9th April
last, and wherein we advised, on the 20th of that month, in favour
of the power of the Government to allow purchases by parties
entitled to leases of Crown lands.
4. We did not indeed, ever in that case, advise that the virtual
lessees could claim a right to make such purchases, but merely
that the Governor had power to make sales with the concurrence
(which was necessarily implied) ; now the question is, as to the
power of His Excellency to do an act in which he cannot expect
to have the virtual lessees' concurrence, namely, the putting up
of portions of their runs to public competition. The one might
be done by the mutual consent of all parties concerned, but it
does not follow that the other can be done at the will of the
Crown only.
5. But we think there is this further difference, viz. that the
privilege intended, by the Order in Council to be speedily con-
ferred on the licensed occupants of Crown lands, might not with
propriety be withheld by reason of the delay on the part of the
Government in issuing the formal leases to which the parties are
entitled, and yet on the other hand the Crown and public may
be strictly bound by the consequences of such delay.
6. Further, we observe that the express words of Chapter III.
section 1 of the Order in Council, present a difficulty which we
see no way of overcoming, except, of course, by the actual issue
of the leases. These words authorise the Governor to offer por-
tions of " Intermediate runs" for sale only " at the end of each
successive year from the date of the lease." Now, although we
may consider a term, with its accompanying rights, which is the
meaning of the word lease in the section 6 of Chapter II., to be
virtually subsisting at the time, we cannot point to any precise
date of commencement : nor would an implied or virtual lease be
within the meaning of the word as used in the above extract from
Chapter III. We have, &c.
(Signed) J. H. PLUNKETT, Attorney-General.
W. M. MANNING, Solicitor-General.
The Hon. the Colonial Secretary, &c. &c. &c.
86
No. 35.
Colonial Secretary's Office, Sydney, 26th July, 1847.
Sir, Adverting to the preparatory measures to be taken for
giving effect to the expected Order of Her Majesty in Council,
respecting the occupancy of Crown lands, I have the honour, by
the desire of His Excellency the Governor, to transmit for your
information copies of a circular letter which has been addressed
to the respective Coirtmissioners of Crown Lands, and of a letter
to the Deputy Surveyor-General upon the subject ; and I am to
request that your Honour will be good enough to cause measures
for the attainment of the objects proposed by these communica-
tions to be taken in respect of the District of Port Phillip. I
have, &c. (Signed) E. DEAS THOMSON.
His Honour the Superintendent of Port Phillip.
Colonial Secretary's Office, Sydney, 26th July, 1847.
Sir, With reference to the evidence given by you before the
Executive Council, on the 15th of last month, on the subject of
the preparatory measures to be taken for giving effect to the
expected Order of Her Majesty in Council, with respect to the
occupation of Crown lands beyond the boundaries, I have the
honour to inform you, that, with the advice of the Council, His
Excellency the Governor is pleased to request your compliance
with the following instructions : viz.
1. That you will propose, with the least possible delay,
arrangements for the speedy completion of the surveys of the
general features in the squatting districts, with a view to the set-
tlement, by triangulation or otherwise, of points throughout those
districts, which would facilitate the surveys of the boundaries of
runs.
2. That you will state, in what manner, and to what extent,
the survey department should in your opinion be increased, in
order to accomplish, with all practicable expedition, the above-
mentioned survey of the general features, and the further more
detailed survey which would be necessary for the purpose of
enabling the Government to describe with precision the bounda-
ries of runs ; and,
3. That with reference to the statement made in your evidence,
that you are sufficiently informed " to lay down general lines of
thoroughfare, and sites of towns in all the country, at present
87
occupied by licensed squatters," you will be good enough to lay
down on maps, and submit for the consideration of the Govern-
ment, such lines of thoroughfare and sites of towns, making about
each town a reserve of suitable extent for suburban and cultiva-
tion allotments.
I beg to add, that a copy of this communication has been
transmitted to his Honour the Superintendent of Port Phillip,
with a request that he will cause similar steps to be taken in res-
pect to that district ; and that the several Commissioners of Crown
lands beyond the limits have been instructed to furnish, in refer-
ence to their respective districts, "A nominal return of all licences
of runs in each district, showing the separate runs occupied by each
licensee, the name by which each run is known, the approximately
estimated number of acres comprised in each run, and a general
description, so far as may be practicable, of the boundaries of
each run ;" also, " A return of all lands within each district
which are not yet occupied under licence." I have, &c.
(Signed) E. DEAS THOMSON.
The Deputy Surveyor-General.
No. 36.
Colonial Secretary's Office, Sydney, 15th October, 1347.
Sir, Referring to my letter of the 4th September, No. 47 |
452, containing directions for laying down the boundary lines of
the Settled and Intermediate districts therein mentioned, I am
now desired to inform your Honour that His Excellency the
Governor, with the advice of the Executive Council, has been
pleased to determine,
1. That it will not be necessary to lay down at once by actual
survey on the ground those lines, at stated distances from certain
towns and rivers, which are to divide the settled from the inter-
mediate or unsettled districts ; but that it will be sufficient for
present purposes to lay them down on the charts, leaving their
actual survey on the ground until the arrival of the time when
they must be fixed for the purpose of defining the boundaries of
the holdings on either side of them ; and,
2. That the reserves to be laid out for villages and cultivation
lands on the great lines of thoroughfare in the squatting districts
shall consist of not less than 9, nor more than 25, square miles.
I have, &c. (Signed) W. ELYARD, Junr.
Hia Honour the Superintendent of Port Phillip.
88
No. 37.
Colonial Secretary's Office, Sydney, 12th November, 1847.
Sir, I do myself the honour to inform you that the Governor
has submitted to the Executive Council your Honour's letter of
the 2d September last, No. 47 | 947, with the reports from Mr.
Surveyor Hoddle therein inclosed, respecting the arrangements
to be made for effecting the surveys requisite for the bringing
into effect of the Order in Council of 9th March, 1847, and the
laying down of main lines of thoroughfare and town and cultiva-
tion reserves in the unsettled and intermediate districts of Port
Phillip.
With reference to the subject of the first of Mr. Hoddle's re-
ports, his Excellency has been pleased, with the advice of the
Council, to direct the transmission to your Honour, for your
guidance, of a copy of the instructions given to the Deputy Sur-
veyor-General on the 1st October last, and at the same time
desires me to state that he approves of your making such ar-
rangements, on the general principle of those instructions, as shall
appear to you best calculated to effect the requisite surveys with
as much expedition and economy as the circumstances will allow.
With reference to the subject of Mr. Hoddle's second letter,
His Excellency has desired me to forward to you the copy of the
instructions which have been this day issued to the Deputy Sur-
veyor-General, and to request that you will take measures, similar
to those therein mentioned, for the laying down of lines of
throrougfare, and town and cultivation reserves, by the surveyors
appointed to conduct the feature surveys in the unsettled and
intermediate lands of your district. I have, &c.
For the Colonial Secretary,
(Signed) W. ELYARD, Jun.
The Superintendent of Port Phillip.
No. 38.
Colonial Secretary's Office, Sydney, 1st October, 1847.
Sir, With reference to what passed during your attendance
on the Executive Council, on the 18th ultimo, relative to the
measures to be taken for the survey of the squatting districts,
with a view to the issue of leases, T am directed by His Excel-
89
lency the Governor to request that you will bring forward a
specific proposition with respect to each Commissioner's District,
for the conduct of the requisite surveys therein, under the follow-
ing general arrangement : namely,
To each Commissioner's District (or to two districts combined,
if in any case such an arrangement should be practicable and ex-
pedient), there shall be assigned a properly qualified ofiicer of the
Survey Department, whose own surveying operations shall be
limited to the general features of the country, and to the fixing
of principal points in connexion with the general trigonometrical
survey of the Colony, but whose duty it shall also be to supervise
and check the work of the contract surveyors, by whom it is in-
tended that the detailed survey of the boundaries of runs shall be
carried out. I have, &c.
(Signed) W. ELTARD, Jun.
The Deputy Surveyor-General.
No. 39.
Colonial Secretary's Office, Sydney, 12th November, 1847.
Sir, I do myself the honour to inform you, that His Excel-
lency the Governor has submitted to the Executive Council your
letter of the 30th September last, No. 47 | 318, relative to the
laying down of lines of thoroughfare, and town and cultivation
reserves, in the unsettled and intermediate districts.
As it appeared, from your communication, that you had not
the information on the subject which your evidence of the 15th
Juno last led them to suppose that you possessed, the Council
advised that one of the first and principal duties to be undertaken
by the officers charged with the feature surveys, should be the
selection of leading lines of thoroughfare, with agricultural
reserves about them. By leading lines of thoroughfare, the
Council did not mean the roads or tracks from one station to
another which are now in use, but lines so selected as that they
may be confidently expected to continue main roads of the coun-
try as its settlement advances.
The resorves should be chosen on these lines in such spots as
will afford the greatest advantages of situation, soil, building ma-
terials, water, and other elements of the prosperity of inland
settlements, and at the same time will interfere as little as pos-
sible with the improvements of neighbouring occupants. I have,
&c. (Signed) W. ELYAttD, Jun.
Th Deputy Surveyor-General.
90
No. 40.
Colonial Secretary's Office, Sydney, 5th March, 1850.
Sir, 1. Your letter of the 9th January last, No. 50 | 6, request-
ing to be informed whether the area of twenty-five square miles,
which is fixed as the maximum extent of the reserves to be made
beyond the Settled Districts, can in some cases be increased, and
representing that it is proposed to extend the reserve at Armidale
to thirty-six square miles, and that the reserve at Deniliquin,
which has been approved by the Council, embraces thirty-five
square miles, having been laid by the Governor before the Execu-
tive Council, I am now directed by His Excellency to inform you,
that the Council cannot recommend that any reserve should ex-
ceed the area of twenty-five square miles, which has been approved
by the Secretary of State as the maximum.
2. As respects Deniliquin, I am to observe that the approval of
the Council was limited to the town, and that they did not record
my opinion respecting the adjoining reserve for cultivation ; as,
however, you report that the reserve laid out by you contains
more than twenty-five square miles, the Council advised that it
should be reduced to the regulated extent. I have, &c.
(Signed) E. DEAS THOMSON.
The Surveyor-General.
No. 41 A.
Mount Macedon, 7 th September, 1850.
Sir, I beg leave to apply, on behalf of myself and my broth-
ers, for a sale to us from the Crown of the following lands, of
which we are at present the licensed occupants, situated in the
parish of Lauriston, county of Dalhousie namely, those sections
marked upon the Government map
No. 48, - containing 230 acres.
49, :: 329 ::
52, :: 301
53, - - - :: 260
56, :: 176
I would take the liberty of pointing out to your Honour
two distinct grounds on which I rest my claim to such sale. As
expectant lessees of waste lands of the Crown in the Intermediate
Districts, 1 would respectfully submit that we are entitled to the
91
same rights as if we were actual lessees, and that we are there-
fore entitled to demand the sale, under section 6 of the first chap-
ter of the Orders in Council.
By section 8th of the Orders in Council the Governor is em-
powered to make reserves of land for certain public purposes spe-
cified in the 5th and 6th Vict. chap. 36. Now I beg to observe
that notice was given in the Government Gazette that the sections
above named would be sold by public auction at the upset price
of 1 per acre. They were withdrawn on the morning of the
day appointed for the sale, in consequence of an application made
by myself. It cannot, therefore, be deemed an assumption on
my part, that the Crown was prepared to sell the lands by public
auction to any purchasers for their own private purposes.
I would most respectfully contend that such a sale cannot be
a disposing of Crown lands for any of the public purposes men-
tioned in the statute or Orders in Council; and I would take the
liberty to observe, that privileges which are given to us, as lessees
of the Crown, by the express words of an Order in Council, can-
not be taken away except by the like express words, nor can ge-
neral words be so construed as to deprive us, by implication, of
rights which it was the express object of the Orders in Council to
give. Therefore, sir, I contend that we are entitled, under sec-
tion 6 of the said Orders, to a sale of the above named lands at
the price of 1 per acre. As that value has been put upon these
lands by the Crown, there can be no reason to suppose that a
higher price should be paid for them.
The second ground on which I rest my claim is this : if the Go-
vernment proposed to offer for sale the said lands, under the
powers conferred by chapter 3d of the Orders in Council, I would
then claim, under the section 15th, chapter 1st, to exercise our
right to " the option of purchasing the land for its fair value in
an unimproved state," which has already been determined by the
Government at 1 per acre. I have, &c.
(Signed) EDWARD WM. JEFFREYS,
The Superintendent of Port-Phillip. Fob JEFFREYS BROTHERS.
B
The Superintendent to the Colonial Secretary, respecting the claim of
Messrs. Jeffreys.
17th September, 1850.
I would request his Excellency's perusal of the inclosed copy of
92
a letter addressed to me by Mr. Jeffreys, applying, on behalf of
himself and brother, to purchase certain land of which they are
at present the licensed occupants. I also inclose a similar appli-
cation from Messrs. Booth and Argyle to purchase certain lots at
the upset price ; all of which lands were proclaimed for sale on
the 6th instant.
1. The object of both the communications, and the cases of
Messrs. Jeffreys and Booth and Argyle, are similar, and I beg
leave to offer the following general remarks upon them.
2. It is true that the lands in question have been occupied by
them respectively, and that they are comprised within the limits
of runs, for which applications for lease were duly sent in under
the Order in Council.
These lands, nevertheless, lying adjacent to the new township
of Kyneton, also originally so comprised in the application for
lease of Messrs. Jeffreys, have been recently surveyed and re-
commended for sale, and in fine duly proclaimed for sale by his
Excellency in the New South Wales Government Gazette as
country lots at an upset price of 1 per acre.
3. At the time of sale, Messrs. Jeffreys on the one hand, and
Messrs. Booth and Argyle on the other, advanced claim to the
pre-emptive purchase of the lots of land respectively enumerated
by them at the upset price, under the plea that by the tenor of
the regulations, and on the ground they have since advanced more
in detail, they are entitled to such selection.
4. Under the circumstances it was judged better to withdraw
the portions so claimed in both instances, in order that, if there
were any reasonable doubt upon the matter, it might be set aside
in a proper manner.
5. In sanctioning this withdrawal, however, I intimated my
strong conviction, admitting the validity of the act of sale on the
part of Government, under the circumstances of the case, that the
said claims were groundless, and not to be conceded.
6. The validity of the act of sale must depend on the decision
of the law officers.
The lands in question, as before stated, have been covered by
the application for lease of the respective parties ; and, according
to the decision of the law officer in the case of Messrs. Moore and
Griffiths, it would not be competent for the Government to dispose
of them to the public, in the event of such an act of disposal being
93
contested, before the issue of leases had placed the withdrawal of
these lands from the occupancy of the parties, and the sale clearly
within its power.
7. However, no opposition having been raised in any form to
the sale of these particular lands, it may therefore be assumed
that they are, to all intents and purposes, withdrawn from the
occupation of the claimants, and reserved from being compre-
hended in any lease issued to them hereafter.
8. To lands so situated it appears to me that the applicants
even now put forth no valid claim to a pre-emptive right of
purchase under the provisions of an Order in Council.
Had they at an earlier date even advanced their claim, there
might have been no difficulty, under His Excellency's notice of
the 28th June, 1850, to have allowed them to purchase ; but
even in that case certain specified conditions must have been com-
plied with, and Government was by no means bound to concede
them pre-emption at a minimum price, which, however properly
fixed upon when the land was to be exposed to public competition,
might not have been held a sufficient equivalent if sale were to be
effected without such competition.
With these observations I submit the case to His Excellency's
consideration. (Signed) C. J. LA TROBE.
c
Colonial Secretary's Office, Sydney, 17th December, 1850.
Sir, 1. I had the honour duly to receive your Honour's letter
of the 17th September last, No 50 | 288, respecting the claims of
Messrs. Jeffreys and Messrs. Booth and Argyle to purchase cer-
tain portions of Crown land by pre-emption at the upset price.
2. The circumstances affecting the lands in question I gather
from your Honour's letter to be, that they are situated in an In-
termediate District, that they are included in the licensed runs of
the above-named gentlemen respectively, and are covered by
their demands for lease ; but that, being in the immediate neigh-
bourhood of a Government township, equally included in their
demands for leases, they were proclaimed for sale by public
auction as country lots, before any claim to pre-emption was
attempted to be asserted, but afterwards- withdrawn. Messrs,
Jeffreys and Messrs Booth and Argyle now claim to exercise a
94
pre-emptive right in respect to these lands, and to obtain them at
the upset price named in the proclamation for sale.
3. For reasons assigned in your Honour's letter above quoted,
and which it is not necessary here to repeat, your Honour sees
cause to question the right of these gentlemen, not only to the
obtaining of the lands at the upset price, but to the exercise of
any pre-emptive right whatever in respect to them.
4. As a similar question was at the time under the considera-
tion of the Crown law officers, that letter was also referred to
them, and I am now enabled to transmit, for your Honour's in-
formation, a copy of their reply.
5. Without quoting at length the arguments adduced in the
report of the Attorney-General and Solicitor-General, it may be
sufficient to state that those officers, whilst admitting the actual
power of the Government to sell the land in question to the
highest bidder, are yet of opinion that such sale would not be in
accordance with the " spirit of Her Majesty's Order in Council ;"
and as the Government can have no desire to assert extreme
rights, but, on the contrary, has every disposition to act up to
the spirit of the Order in Council, his Excellency conceives that
the claims of the gentlemen referred to, and every other pre-
emptive claim of the kind which is not overruled by a strong
public necessity, should be conceded.
6. As is to be inferred from the concluding portion of your
Honour's letter, that the lands in question are really above the
minimum value, I may remark, that the Order in Council of
March, 1847, not less than the local regulations of 28th June
last, provide in such a case for the assessment of the value of the
land, and his Excellency agrees with the law officers in thinking
that the claimants in this case are not entitled to the land at
1 per acre, simply because it was proclaimed for sale by auction
at an upset price of 1, but the price should rather be what the
Government might reasonably expect to realise by a sale with
public competition. I have, &c.
(Signed) E. DEAS THOMSON.
The Superintendent of Port Phillip.
D
Attorney-General's Office, Sydney, 24th October, 1850.
Sir, We have the honour to acknowledge the receipt of your
95
letter of the 17th instant, No. 50 | 871, requesting our report
upon the respective applications of the Messrs. Jeffreys and Messrs.
Booth and Argyle, which were transmitted in the accompanying
communication from His Honour the Superintendent of Port
Phillip, to be allowed to purchase at the upset price Crown
lands of which they are at present the licensed occupants.
In reply, we have the honour to state, that the question in-
volved in this correspondence is one of considerable difficulty and
doubt. It is, therefore, not without hesitation that we express
our opinion, which is, that although the Governor has the actual
power to cause these lands to be sold to the highest bidder, yet
that such sale would not be in accordance with the spirit of Her
Majesty's Order in Council.
The proposed sale would not be such as is contemplated by
Chapter III. because it cannot be said to occur at the end of any
year of the lease; because sixty days' notice have not been given;
and because it is not in contemplation to give the party entitled
to the lease the right of pre-emption.
The justification of such sale would therefore seem to depend
upon section 9 of chapter 2. The only words in that section
which could possibly apply to this case, are those which authorise
the sale of lands comprised in any run for any other purposes of
public defence, safety, utility, convenience, or enjoyment, or for
otherwise facilitating the improvement and settlement of the Co-
lony. These general words must be construed with reference to
the specific enumeration of the purposes which they follow; and
as all of these, with one exception, resting upon peculiar grounds,
(that relating to the working of mines, which of course are not
comprised in a pastoral lease,) are of a general public character,
we are strongly inclined to think these words can neither in law,
nor by the ordinary rules of criticism, be held to authorise the
reservation of an extensive track of land for sale as Country Lots.
Indeed, it is only the words " for otherwise facilitating the im-
provement and settlement of the Colony " that are at all capable
of any other interpretation. Under these words we think it is
competent to the Governor to reserve sites for townships and vil-
lages, which are absolutely essential to the settlement of the Co-
lony, and to the general convenience of a surrounding district ;
but there does not appear to be the same public necessity for with-
holding adjacent country lands from lease in the Intermediate
96
Districts. The power to offer for sale at the end of each year of
such leases (the early issue of which is contemplated by the Order
in Council), the whole or any part of the lands comprised in them,
is amply sufficient to enable the Governor to supply the demand
for cultivation lands in the neighbourhood of such towns and vil-
lages, and is little affected by the lessee's right of pre-emption
at the fair value. In the Unsettled Districts the case might be
different, for it may concern the public materially not to have all
the lands near inland towns and villages so completely locked up
from purchase, during a lengthened period, as they would be by
being comprised in the lease appropriate to those districts. It
follows, from what we have said, that the strong inclination of
our opinion is in favour of the claims to pre-emption by Messrs.
Jeffery, and Messrs. Booth and Argyle ; but we think the claim to
purchase at the upset price declared for the intended public sale
clearly unfounded. They must pay " the fair value of the land
in an unoccupied state," for the ascertainment of which, the
Government should require a valuer to be appointed according to
section 3 of Chapter II. The price would, therefore, rather be
what the Government might reasonably expect to realise by a
sale with public competition, than the minimum price named for
such a sale. We have, &c.
(Signed) J. H. PLUNKETT, Attorney- General.
W. M. MANNING, Solicitor-General.
E
Superintendent's Office, Melbourne, 20th January, 1851.
Sir, 1. I have the honour to acknowledge the receipt of your
letter, dated the 17th ultimo, No. 50 | 800, in reply to my letter
of the 17th September last, No. 189, respecting the claims of
Messrs. Jeffries and Messrs. Booth and Arglye to purchase cer-
tain portions of Crown lands, by pre-emption, at the upset price,
as set forth and objected to by me in my letter to you of the 17th
September last, on the ground that these particular lands were
not open to pre-emption, but should be disposed of by auction.
2. Reference having been made to the law officers of the
Crown in this matter, and an opinion reeeived, of which a copy is
inclosed to me, I am instructed that, inasmuch as it is held that
such sale would not be in accordance with the spirit of Her Ma-
jesty's Order in Council, and as the Government can have no
97
desire to assert extreme rights, but, on the contrary, to act up to
that spirit, the claim put forth by Messrs. Jeffries and Messrs.
Booth and Argyle, and every other pre-emptive claim of the kind
which is not overruled by a strong public necessity, should be
conceded.
3. I must at once state, that I have been totally unprepared
for this decision, and entertaining, as I do, so different an impres-
sion of the spirit and intention of the Orders in Council, and of
the consequences of any such construction as that given to them
in this instance by the law officers of the Crown to the welfare of
the district, I am justified in hesitating to carry this decision into
effect, and urging upon his Excellency the propriety of a recon-
sideration of the question.
4. I would at once admit, that the justification for such sale
must depend upon the ninth section of the second chapter of the
Orders in Council, and upon the authority given to the Governor
in the clause which empowers him to make reserves for certain
specific purposes, or such as public defence, safety, utility, con-
venience, or enjoyment, or for otherwise facilitating the improve-
ment or settlement of the Colony.
5. The law officers of the Crown do not appear to entertain an
opinion that the right of the Governor, under this clause, to make
town or village reserves (either in the intermediate or unsettled
district, or, indeed, reserves of any character, within the limits of
the authority given) is set aside by the fact, that the lands on
which such reserves are made, may have been covered by the
licence of the claimant for lease at the time of the promulgation of
the Orders in Council, and, as a matter of course, included in his
application for a lease formally handed in, in accordance with the
local regulations framed in consequence, in the great majority of
instances within six months.
6. It is clear that a determination and notification of all such
reserves, throughout the widely extended and only partially sur-
veyed district, in time to admit of formal exclusion from such
application within this interval, was quite impossible. I presume
that, therefore, it is allowed, that until the actual issue of leases,
it is in the power of the Governor to make such reserves, and that
such reserves shall bo held withdrawn from the provisions regard-
ing lands covered by such leases, when issued.
7. The main point to be determined may be, therefore, in how
G
98
far it may be expedient or inexpedient, on public grounds, and con-
sonant with both the letter and spirit of the Orders in Council, to
exercise the power to make such reserves, and thereby withdraw
lands of greater or less extent from the provisions in favour of fu-
ture lessees, whether in the unsettled or intermediate districts.
8. It is urged, in the paper before me, that, however competent
it may be for the Governor to reserve sites for townships and
villages, which are absolutely essential to the settlement of the
Colony, and to the general convenience of a surrounding district,
that the words " for otherwise facilitating the improvement
and settlement of the Colony" would scarcely be held to justify
the Governor from authorising the reservation of an extensive
track of land as country lots; and, moreover, that there does not
appear to be the same public necessity for the withholding
country or agricultural lands from the lease in the intermediate
districts, viewing the power conferred upon the Governor with
respect to the withdrawal and sale of land under lease, as in
the "unsettled district," where, for obvious reasons, extended re-
serves may be called for.
9. With regard to the proposed limitation of the reserves in
the intermediate districts to town and village reserves, I think I
am justified in saying, that up to this time no such limitation has
been contemplated by the Council.
A reference to past correspondence will show, that the forma-
tion of country or agricultural as well as town and village reserves
throughout the country, lying beyond the settled districts, whether
strictly intermediate or unsettled, has been always contemplated
that frequent reference has been made to them, and rules laid
down for the guidance of the Superintendent and of the Survey
Department, both in this and the middle district, in forming them.
10. I must state freely, that I have always regarded the for-
mation of these reserves, wherever the public requirements might
call for their formation, and thereby providing, as far as our par-
tial knowledge of the superficial details of the district, and
foresight, might enable us to do, for the public benefit and real
interests, was an imperative duty. I have never supposed that
by so doing we could be setting aside any real or just claim of
the original occupant of such lands for depasturing purposes only,
his occupancy having hitherto been solely authorised and con-
sidered admissible for that particular purpose.
99
11. Neither the letter nor the spirit of the Act of Parliament,
and the Orders in Council founded upon it, seemed to me to hold
out to such licensee any advantage beyond that which he might
justly and fairly claim assured occupation for depasturing pur-
poses solely for a certain term a proper degree of encourage-
ment to aid in the settlement and more fixed occupation and
improvement of the District, by the offer of a reasonable induce-
ment to become the purchaser of the land, on favourable terms
and compensation for improvements, in the event of the improved
land being brought into the market, and falling into other hands.
To secure him these advantages, a departure from the established
system of the sale of Crown lands within the Colonies, by public
auction, is to a limited extent sanctioned. And here I may be
permitted to observe, that the experience of many years would
appear to have so fully indicated the wisdom of the adoption of
the system of sale by auction, that any unnecessary departure
from it would be deprecated on all hands. It has generally been
acknowledged to secure to the public what may in the aggregate
be considered the fairest value for land sold at any time and
under ordinary circumstances, at the same time that it relieves
the Executive Government from the weight of responsibility, if
not odium, which must be entailed by any other system less open
and public in its operations.
\. I think that the public, on the one hand, have a right to
evince extreme jealousy on this point, and to require that the
system should not be unnecessarily set aside ; and that, on the
other, the Government, for its own sake, should not lightly admit
of such departure.
13. To act upon the construction now put upon the spirit, if
not the letter, of the Orders in Council, and upon the claims of
the future lessees of Crown lands beyond the settled district of
this portion of the Colony, would be, in my view, neither more
nor less than to relinquish and set aside that just and open system
of sale, by public auction, in the case of the large majority of
lands, the value of which would be above the average value of
such as might be occupied for depasturing purposes solely, and to
substitute in its place a system of sale, by private valuation,
which, however conducted, may be held open to certain objection,
and which must be regarded as an expedient evidently only in-
100
tended to be had recourse to to a limited extent, and under very
peculiar and difficult circumstances.
14. My view is, that it is both in the power and the duty of
the Government to use timely foresight, as far as may be, under
circumstances of obvious disadvantage, and in the intermediate
districts, comprising as they do lands within from fifteen to
twenty-five miles of most of the principal townships, as well as in
the " unsettled," to remove from future occupation under lease
for pastoral purposes, and from the operation of the provisions in
favour of the lessees, inclusive of the right of pre-emptive pur-
chase at a valuation, such portions of land, whether large or
small, whether adapted to the formation of towns and villages
only, or suitable for agricultural improvements, as the public may
have a just claim to see brought into the general market, to have
thrown open to public competition when required, and to hold
when purchased under grant from the Crown.
In no other way and by no other measures can the proper
settlement and improvement of the country be with certainty
facilitated and promoted.
15. His Excellency and the Executive Council may rest
assured, that to adopt the alternative proposed, and to decide
that in this district " reserves in the intermediate districts" are to
be confined to a bare section, more or less, here or there, for a
township or village, all other lands, however valuable before as
well as after the issue of leases, being held subject to the pre-
emptive right of purchase of the original applicant for lease, and
obtainable whenever disposed of by the Government at an evalua-
tion, will be to cripple the steady occupancy and proper advance-
ment of the Colony, and to render the agricultural improvement
of the country subordinate to and dependent upon the will of the
lessees of Crown lands, and of those who are sure to enter into
speculation with them. Money is plentiful in the Port Phillip
district, and I am well assured, that if the decision recently
arrived at is confirmed, that in the multitude of instances mea-
sures will be taken to secure, by the exercise of the conceded
pre-emptive right, lands in every quarter which ought, by timely
reserve from the operation of the provisions in favour of such
licences, under the eleventh chapter of the Orders in Council, to
have remained in the hands of the Government to be brought
101
into the market, and disposed of at public auction, whenever the
public requirements might call for that measure.
16. The Government may, it is true, decline to bring such
lands into the market or dispose of them.
It must, therefore, risk the alternative, either of refusing to
sell, although the sale of land in such or such quarter appears
really called for by the public, because the public may obviously
be defeated by the unexpected advance, in the sale room, of a
claim to the pre-emptive purchase, as in the instance which has
given rise to this correspondence, or it may, in the absence of any
assignable ground for refusal, consent to such sale, however con-
vinced that the public requirements are not directly promoted
thereby.
17. Before I conclude these remarks, I would refer to your
letter of the 28th of December, 50 | 823, received since that
which I have now the honour of acknowledging came to hand.
I am in that letter instructed that, under the opinion of the
Crown law officers, the right of the Governor, under Chapter III.
of the Orders in Council, to offer for sale portions of runs in the
intermediate districts, before the issue of the lease thereof to the
present occupant, is at least too questionable to be asserted : but
I am advised that, although this is the case, it is open to the
Government, at any time, to bring forward for sale the land con-
tained in reserves formed under section 9 of Chapter II. of the
Order in Council, and the rules laid down by the local Govern-
ment on the subject. Whenever, therefore, any reserve shall
have been made, either in the intermediate or unsettled districts,
the land comprised within it being thus withdrawn from tho
operation of the provisions regarding leased lands, can be brought
forward for sale, by auction, in tho usual way.
I cannot reconcile this instruction with tho opinion and decision
in your letter of the 17th December last, 50 | 800, and its in-
closure ; and I would gladly think that I am under some
misconception in relation to these matters, which further con-
sideration and explanation may remove, and that I may be
relieved from the difficulty in which I find myself placed.
I would earnestly request his Excellency to allow the statement
I have felt it my duty to make to receive such consideration as
it may appear entitled to. I have, &c.
(Signed) C. J. LA TROBE.
The Hon. the Colonial Secretary, Sydney.
102
F
Colonial Secretary's Office, Sydney, 10th March, 1851.
Sir, In reply to your Honour's further letter, No. 51 | 16,
of the 20th January last, on the subject of the right of pre-
emptive purchase claimed by Messrs. Jeffries and Booth and
Argyle, over land now in their occupation in the Intermediate
Districts of Port-Phillip, I do myself the honour, by direction of
his Excellency, to transmit to you the annexed copy of the
opinion of the Crown law officers, recommending that the matter
be postponed for the determination of the Governor and Executive
Council of Victoria. I have, &c. For the Colonial Secretary,
(Signed) W. ELYARD, Jun.
His Honour the Superintendent of Port Phillip.
Attorney General's Office, Sydney, 1st March, 1851.
Sir, 1. We have the honour to acknowledge the receipt of your
letter of the 7th ultimo, 51 | 98, referring to ours of the 24th
October last, on the subject of the application of Messrs. Jeffries,
and Messrs. Booth and Argyle, to purchase at the upset price
certain portions of Crown lands at Port-Phillip, and inclosing a
further letter from the Superintendent of Port Phillip, soliciting
a reconsideration of the decision arrived at in the case.
2. In reply, we have the honour to state that the further letter of
the Superintendent of Port Phillip has added to the doubts which
we expressed in our former communication on the subject; but
we are more particularly struck with this consideration, that his
Honour's local knowledge appears to have produced in his mind
an opinion to the effect, that the claims of Messrs. Jeffries, &c.
are, in fact, " overruled by a strong public necessity."
3. Under these circumstances we would suggest, that, as the
district of Port Phillip is about to be completely separated from
this territory, and withdrawn from the jurisdiction of New South
Wales, it will be proper that his Excellency and the Executive
Council should abstain from coming to any final decision upon the
point, and should leave it to be disposed of by the future Govern-
ment of Victoria, in such manner as local circumstances and consi-
derations, or the peculiar views of that Government, may require.
4. It may be desirable that, in the meantime, the leases of these
claimants, and of others whose licensed occupation extends over
103
lands which the Superintendent of Port Phillip may think it ad-
visable to exclude from their leases, should be withheld. But
probably none of the Port Phillip leases will, in fact, be issued
before the separation of the Colonies.
5. It would perhaps not be proper for us to accompany the
above suggestions with any further general observations upon the
construction of the Order in Council; but we may remark that,
in preparing the drafts of the leases, we have inserted an express
reservation of power to sell, not only towns and villages, but also
adjacent cultivation allotments, which we did because we thought
the power of great importance to the public welfare, but not so
clearly within the words of the 9th section of chapter 2d as was
to be desired. We have, &c. (Signed) *
The Hon. the Colonial Secretary.
G
Crown Solicitor's Office, Melbourne, 12th January, 1852.
Sir, In reply to your letter of the 1st day of October, 1851,
inclosing certain documents for the perusal and opinion of the
Law officers of the Crown, with his Excellency the Lieutenant
Governor's minute thereon, I have the honour to transmit the
opinion asked for. I have, &c.
(Signed) HENRY F. GURNER,
The Hon. the Colonial Secretary. Crown Solicitor.
We have perused the correspondence submitted to us by his
Kxcellency. As the subject is one of no small difficulty, affecting
a variety of private rights, and involving matters of extreme im-
portance to the public interest, we deem it necessary to premise
some general observations.
The Orders in Council have the same effect as the statute on
which they are founded.
The general words, " or for any other purpose of public de-
fence, safety, utility, convenience, and enjoyment," occurring in
the 9 th section of the second chapter, must, according to the
ordinary rules of construction, be interpreted with reference to
the preceding particular instances.
Lands, the subjects of those instances, are all to be appropriated
to public purposes, in the enjoyment of which every person may
104
participate. They are converted, by the "grant, sale, or other
disposal," mentioned in that section, as it were, into public pro-
perty, and dedicated to the use of the inhabitants generally.
So far the provisions of this section resemble those of the sta-
tute relating to the sale of Crown lands, but other and more com-
prehensive terms have been inserted, to meet, as it would appear,
the progressive expansion of the Colony. The former provisions
relate to objects of a particular nature ; the latter terms, ob-
viously introduced with a view of providing for a class of wants
of no less public concern, and which circumstances may render
more or less extensive, contain a power of a different nature, un-
connected with, and to be construed independently of, those pro-
visions.
We may reasonably suppose that the framers of these Orders
anticipated the inconvenience to the public likely to arise from so
large a portion of the country as the Unsettled Districts being
locked up for sale for many years, and that demandsjvould ^be
made for lands to be applied to purposes different to those
merely pastoral.
To obviate this inconvenience, and~meet~ these demands, it ap-
pears to us that the Governor has been authorised to dispose of
such portions as may be required " for the settlement and improve-
ment of the Colony." The general wants of the community may
call for the establishment of inland towns and villages, and the
necessities of their inhabitants may absolutely require that the
agricultural land immediately adjacent should be sold. We con-
sider that the Governor, when convinced of an absolute necessity,
would be justified in selling, or reserving for immediate sale, such
portions of the lands in the Intermediate or Unsettled Districts as
may be required for the formation and support of these towns or
villages. But we are of opinion that it would not be in accord-
ance with the correct interpretation of this section, nor within
the spirit of the Orders in Council, were the Governor, without
reference to the sites of towns or villages, or present and pressing
public requirements, to reserve for sale portions of lands in these
districts, with a view of meeting the prospective wants of the com-
munity. Power to make such reserves would, as it appears to us,
in effect, place merely at discretion the right of the occupant to a
lease for a certain number of years, so clearly recognised by the
105
Orders in Council, and thereby frustrate the principal object for
which those Orders were framed.
We are clearly of opinion that the lands to which we have al-
luded are not subject to the pre-emptive right of the occupant,
nor should they be included in a lease; but until an actual sale
the possession of such occupant should not, as we conceive, be dis-
turbed. He is entitled to a lease, subject to the conditions con-
tained in the 9th section ; and, until the enforcement of those
conditions render an interference necessary, he should be per-
mitted to exercise any former rights he may have enjoyed.
(Signed) WILLIAM F. STAWELL,
Attorney-General.
REDMOND BARRY,
12th January, 1852. Solicitor-General.
H. OPINION.
We have considered the subject of Her Majesty's Orders in
Council, 9th March, 1847, submitted to us by order of His Ex-
cellency, with reference to
I. The mode in which lands should be described in leases to be
issued under these Orders.
II. The power of the Governor, after the date or issue of a
lease, to reserve and dispose of any land comprised in such
lease, for the purpose mentioned in sec. 9, c. 2.
III. The right of the lessee to claim the option of purchasing
any such land at its fair value in an unimproved state
previous to its being disposed of.
1. We can foresee the probability of much inconvenience arising
to the lessee, if the lands are described generally as lands known by
a particular name, and in the actual occupation of a particular per-
son. The lessee might experience great difficulty in proving the
precise limits, were he compelled to remove a trespasser. But
we are of opinion that such a description, if the land can be
thereby identified, is sufficiently legal. The rights of the Crown
might be protected, and any difficulties of determining in what
lease particular lands were contained might be obviated, by in-
serting in the lease a proviso as to the mode by which, as between
the Crown and the lessee, such limits should be ascertained.
2. We are of opinion that lands comprised in a lease may, alter
the date or issue of such lease, be disposed of by the Governor
106
for any of the purposes mentioned in sec. 9, cap. 2. The position
or extent of lands required for some of those purposes railroads,
for instance could not be anticipated, or the necessary reserves
made, previous to the issue of the leases. The power contained
in this section was conferred on the Governor, to enable him, dur-
ing the currency of the lease, to dispose of any lands required
for such purposes.*
3. We think that such lands are not subject to the pre-emptive
right of the occupant. To admit such a right would defeat the
obvious object of the section.
(Signed) WILLIAM F. STAWELL,
Attorney-General.
JAMES CROKE,
18th August, 1852. Solicitor-General.
No. 42.
To His Excellency Chaeles Joseph LaTeobk, Esq. Lieutenant-Governor
of the Colony of Victoria and its Dependencies, fyc. 8fc.
Memorial of the undersigned licensed occupiers of Crown
lands in the Colony of Victoria,
Sheweth, 1. That the tenure by which your Memorialists hold
the right of depasturage of the waste lands of the Crown does not
possess the same fixity of character which belongs to other species
of property, in consequence of which doubt and incertitude are
introduced, and improvements are arrested.
2. That the Act of Parliament 9 and 10 Vict. c. 104, which
authorises Her Majesty to demise the waste lands of the Crown
for any term of years not exceeding fourteen years, and also the
Orders in Council founded thereon, bearing date the 9th day of
March, 1847, have not yet been acted upon.
3. That your memorialists cannot avoid the apprehension that
the difficulties (of whatsoever nature they may be) which have de-
layed the execution of these Orders, may be of a permanent char-
acter, so as virtually to defeat the benefits intended to be con-
veyed to your memorialists by the Imperial Parliament, and by
Her Majesty in Council.
4. That as it is of the utmost importance to the pastoral inte-
* The above refers only to public purposes.
107
rests that substantial effect should be given to the above Act of
Parliament and Orders in Council, your memorialists respectfully
submit that leases should be issued in which the reputed bounda-
ries of each respective run should constitute the description of
property intended to be demised, reserving however the right and
claims of adjacent settlers inter se, which should not be compro-
mised by any such descriptions contained in any such leases, but
be determinable by law in the regular courts of the Colony.
5. That as it is impracticable to ascertain with any certainty
the capacity of particular stations to carry any specified amounts
of stock, and as every method of computation must be liable to
various sources of error, which might hereafter impeach the accu-
racy of those concerned, and lead to many discrepancies, your
memorialists suggest that the rent to be reserved should not in
any case be a fixed rent, but be determinable for each ensuing
year in manner following : viz. Every settler should be obliged to
render half-yearly returns of stock to the Treasury, and the ave-
rage of such half-yearly returns should constitute the basis on
which to compute the rent for the year ensuing.
6. That believing the immediate issue of leases to be both
practicable and beneficial, your memorialists respectfully urge on
your Excellency that measures may be taken to carry the same
into effect. And your memorialists, &c. &c.
(Signed) J. F. PALMER, Bonigalla,
And 85 other signatures of individuals and firms.
To His Excellency Charles Joseph La Trobe, Esquire, Lieutenant-Governor.
The Memorial of the undersigned licensed occupants of Crown
lands in the Unsettled District of Murray,
Respectfully sheweth,
1. That the Orders in Council under which your memorialists
now hold their licensed runs came into force, and have had the
effect of law, since the 7th October, 1847.
2. That by the 3rd section of Chapter I. of the said Orders in
Council, the local Government had the power, at any time previous
to the 31st December, 1848, to proclaim and fix the boundaries
of any county or counties, and that such county or counties
should come under the regulations applicable to land situated in
the Intermediate Districts.
108
3. That in accordance with the power so vested in the Local
Government, certain counties were proclaimed and their bounda-
ries denned. The remainder of the waste lands of the Crown
(save the Settled Districts) consequently came under the rules
and regulations applicable to the Unsettled Districts.
4. That by the 11th section, Chapter II. of the said Orders in
Council, your memorialists were entitled to demand leases for
fourteen years of their respective licensed runs.
5. That your memorialists have, in accordance with the
Government notice, bearing date 7th October, 1847, demanded
leases of their respective licensed runs accordingly.
6. That your memorialists have patiently waited since that
time the issuing of their leases, in accordance with the said Orders
in Council, but the Government have from time to time delayed
issuing the same, notwithstanding the pledge of his Excellency
the Governor, as contained in the concluding paragraph of the
Government notice of the 7th October, 1847, which runs thus :
" His Excellency, however, desires at the same time to intimate,
that all practicable despatch will be used for the purpose of
putting occupants of Crown lands in possession of the leases to
which they may be entitled under Her Majesty's regulations."
7. That your memorialists have learned, from a letter addressed
by the Colonial Secretary to Mr. William Forlonge, of Euroa,
that your Excellency assumes to the Lieutenant-Governor the
right of offering for sale any portion of a squatter's run in the
Unsettled District which your Excellency may consider fit for
agricultural or other purposes.
8. That your memorialists earnestly, yet respectfully, protest
against such an assumption of power on the part of the Lieutenant-
Governor, as being an infringement of rights conceded to the
squatter by the Orders in Council, and a direct violation of the
pledge of our most Gracious Queen, conveyed as that pledge is
to the licensed occupants of Crown lands in the Unsettled Dis-
tricts, by Her Majesty's Secretary of State for the Colonies.
9. That if any doubt as to the true intent and meaning of the
Orders in Council (in so far as the Unsettled Districts are con-
cerned) could exist, it is most unequivocally set at rest by the
following extract from a Despatch from Her Majesty's Secretary
of State to the Governor of New South Wales, when calling His
Excellency's attention to the power given to the Local Govern-
109
inent by section 3, Chapter 1. of the said Orders : " Lands in the
Unsettled Districts, according to these regulations, would be abso-
lutely out of the power of the Crown, and be rendered unavailable
for settlement, for the long period of fourteen years : it would
therefore be absolutely necessary that no lands should be
classed except those which, from the remoteness of their situation,
you have reason to feel assured will not be required for sale to
the public for the purpose of permanent occupation during the
time for which the lease will be granted. I have to instruct you
to be most particular on this point."
10. That your memorialists would respectfully impress on your
Excellency the justice, policy, and expediency of at one causing
the leases to issue in the Unsettled Districts, in conformity with
the pledge of Her Majesty's Secretary of State to the licensed
occupant of lands in those districts.
11. That your memorialists would further state they are wil-
ling to receive their leases as binding on the Crown only, leaving
the lessee to establish his claim to his run against any other
intruder in the law courts of the Colony. At the same time, if it
is practicable to establish any competent tribunal to which to
refer any disputed boundaries, your memorialists would give their
most favourable attention to any suggestion on this point which
might emanate from your Excellency.
And your memorialists, as in duty bound, will ever pray.
(Signed) W. FURLONGE,
And 18 others.
No. 43.
Minute of Arguments addressed to His Excellency the Lieutenant
Governor, on the following points, at an audience afforded
to a number of squatters, on the 3d of August, 1852 :
I. That the leases of runs should date from the time of their
issue.
II. Or, if that should not be conceded, that they may bear
even date with leases issued by the New South Wales Government.
III. Or, that at least the question should be referred to the
Governor-General before any steps are taken in the matter, that
the rights of this class of the community may receive the fullest
consideration.
110
IV. That it is an infraction of the Orders in Council to make
agricultural reserves, particularly in the Unsettled Districts.
1. That the leases of runs should date from the time of their
issue.
Although it should be legally untrue that the squatter has
possessed a lease since the proclamation of the Orders in Council,
it is contended that he has virtually enjoyed every benefit intended
to bo conferred by that instrument, and that equitably the leases
should bear even date with the proclamation of the Orders in
Council, or, at least, from the 31st of December, 1848, which
defined the period within which the distribution of districts was to
be made.
But in order to arrive at a just opinion on this subject, it is
necessary to consider what effects have followed from the delay
in the issue of leases, a delay in no respect attributable to any
laches on the part of the squatter. These effects are of two
kinds, directly diverse from each other.
By reference to Lord Grey's Despatch, dated 29th November,
1846, it will be seen that the special object contemplated by the
new Orders in Council was to present inducements to the settler
to make permanent improvements on his run, so as to accommo-
date a larger amount of stock ; but it is notorious that few per-
sons have engaged in such enterprises, from the uncertainty of
their position, and the doubts which they have j ustly entertained
as to the issue of leases, and consequently they cannot be said to
have enjoyed all the privileges intended to have been conferred
upon them ; neither have they been able to dispose of their stock
and stations to the same advantage, in the public market of the
Colony, as they would have done had the faith of the Government
been fulfilled.
2. On the other hand, there are persons who have placed a
more unlimited faith in the pledges of the Government, and have
made improvements on their runs, or purchased new runs, on the
expectation of a definite and guaranteed enjoyment for a number
of years. Such cases present examples of vested interests created
on the faith of the Crown, and ought not to be disturbed on any
consideration of mere expediency, without an equivalent compen-
sation.
The title to land in fee under the pre-emptive right, and the
title to leases, rests on the same authority ; from whence it follows,
Ill
that the latter may not be disturbed or overborne from considera-
tions of public conveniency, without the admission of an equal
power to interfere with the titles given by the Crown to the
former.
II. Or, if that should not be conceded, that they bear even
date with leases issued by the New South Wales Government.
The Orders in Council apply equally to the two Colonies, and
it seems only reasonable that the older and superior Government,
under which the Orders themselves were issued, should take the
lead in this question. There would be an obvious inconsistency,
and it would afford, moreover, a fruitful source of disputation
hereafter, if different dates were adopted in the two Colonies, as
it would be impossible, in such a contingency, to deny either that
one had been unjustly favoured, or the other unjustly treated.
The circumstances of the two Colonies, although they should be
much more different than they are, cannot be allowed to modify
an abstract right.
III. Or, that at least the question should be referred to the
Governor-General before any steps are taken in the matter, that
the rights of this class of the community may receive the fullest
consideration.
The blame, if blame there be, of the delay in the issue of leases,
rests with the superior Government, on which account it seems
proper that the Government should first be consulted, that the
squatter may receive such just consideration as the circumstances
of the case may seem to demand, and that he may, after having
exhausted all other resources, pursue his claim before the Queen
in Council.
IV. That it is an infraction of the Orders in Council to make
agricultural reserves, particularly in the Unsettled Districts.
This proposition may be considered under two aspects.
1. As to the legality of making such reserves.
2. As to the policy of doing so.
I. The legality of making agricultural reserves involves also
two questions.
1. As to the legality of so doing before the issue of leases.
2. As to the legality after the issue of leases.
1. Before the issue of leases.
The Act of 9 and 10 Vict. c. 104, came into operation in this
Colony on 1st May, 1847. Section 10 of this Act restricts Her
112
Majesty from delegating any power to Governors of Colonies to
alter the rules and regulations respecting the occupation of waste
lands of the Crown, referred to in section 6.
The Orders in Council, made in pursuance of Section 6 of the
above Act, came into operation in this Colony on 7th October,
1847.
Chapter I. section 3 of these Orders limits the time within
which any other county or counties may be fixed and proclaimed
to 31st December, 1848.
It is observable that nothing whatever is said respecting
agricultural reserves ; and it is further observable, and it is a
remarkable circumstance, that the power proposed to be conferred
on the Legislative Council, in the first draft of these Orders, to
alter these divisions, was in the second draft revoked (Chapter 1,
Section 3, Draft Orders). Thus evincing a great anxiety to
render irrevocable the pledge when once given, and to render
any future interference with it impossible. The same authority
also expressly prohibits the Governor's interference in the altera-
tion of the boundaries after they are once fixed.
Lord Grey's Despatches afford a full and complete interpreta-
tion of the intention of the framers of these Orders. In his first
Despatch, dated the 29th November, 1846, accompanying the
Draft Rules, when it was proposed to impose on the Governor
the task of classifying the lands of the Colony, he writes
" There is, as you will observe, a very material difference between
the conditions on which it is proposed that land should be held in
the three different classes of districts which it is intended to
establish, and the nature of this difference is such as would make
it necessary .that you should act with ' extreme caution' in classing
the lands of the Colony in one or the other of these districts.
Land in the Unsettled Districts, according to these regulations,
would be put absolutely out of the power of the Crown, and be
rendered unavailable for settlement, for the long period of four-
teen years. It would therefore be absolutely necessary that no
lands should be so classed except those which, from the remote-
ness of their situation, you have reason to feel assured will not be
required for sale to the public for the purpose of permanent occu-
pation during the term for which the leases will be granted."
And that this was the view of the Secretary of State for the
Colonies appears beyond doubt from the concluding paragraph of
113
the same Despatch, which evidently regards the Settled and
Intermediate Districts as the only ones available for public sale.
" I have to instruct you to be most careful on this point, since
it would be a source of very serious injury, both to the Colony
and to the Mother Country, if at the end of eight or ten years it
should be found that the progress of emigration were checked by
the inability of the Crown to find lands to sell to intending emi-
grants. You will recollect, also, that as the proposed regulations
with regard to Intermediate lands will secure to the actual holder
a right of occupation for eight years, unless they are previously
required for purchase, and will also assure to him, on giving up
possession, a right to the value of his improvements, there would
be the less occasion for placing in the class of Unsettled Districts
any lands as to which even a doubt can be entertained."
The same Minister, in his Despatch, dated the 30th March,
1847, accompanying the amended rules, after therefore mature
reflection, and after an interval of four months, writes, " I have
in my former Despatch explained to you the great importance
which I attach to avoiding an error of this kind, with a view to
the interests of future settlers, and how great my anxiety, that
no undue extension should be given to the lands to be defined as
Unsettled, and which would thus be put out of the power of the
Crown, and rendered unavailable to the public by purchase, for
the long period of fourteen years."
This receives further confirmation from a subsequent paragraph,
which relies on the sufficiency of the Intermediate lands to meet
the public exigencies during the continuance of the leases,
" You will perceive that the intermediate lands have been so de-
scribed as to provide for the probable course of settlement along
the banks of navigable rivers, and also for the improvements
which may hereafter arise, of any railways constructed in the
Colonies," where, in the concluding words, especial reference is
made to Chapter I. Section 10 of the rules and regulations.
The " extreme caution " enjoined by the Colonial Minister on
Sir Charles Fitz Roy, evinces, as strongly as it is in the power of
language to do, the inviolability attached to the public faith when
once pledged. From the foregoing observations may also be de-
duced the following conclusions :
1. That the Queen, as contradistinguished from the Queen in
Council, possesses no power to alter the distribution of Districts
H
114
when once fixed and proclaimed, or to delegate such power to
others; and that such power (although conferred in the first
draft) has been deliberately withheld from the Legislative Council
of the Colony.
2. That the power of the Governor to class the Intermediate
and Unsettled lands, extended only to counties, and that such
counties could not be proclaimed after the 31st December, 1848.
3. That not one word is said, nor may anything be inferred
from incidental expressions, of village or agricultural reserves ;
but, on the contrary, every supposable exigency is presumed to
be provided for by the Settled and Intermediate lands, and, after
the issue of leases, by the ninth and tenth sections of the rules
and regulations.
4. That this restriction of power to make village and agricul-
tural reserves, applies equally to the Intermediate and Unsettled
Districts, but in a particular manner to the latter ; for, as it is
competent, at the end of any given year, to put up the whole or
part of any run comprised in the Intermediate Districts, no injury
is virtually inflicted by proclaiming such reserves by anticipation,
except such as arises from the withdrawal of the best lands from
the pre-emptive right.
5. That on the supposition of this power being exercised, it is
clearly limited to the time antecedent to the issue of leases, so
that the leases must bear date, even on this unfavourable hypo-
thesis, subsequent to the proclamation of such reserves.
2. After the issue of leases.
It is evident that every argument drawn from the tenor of
Lord Grey's Despatch, in connexion with the Orders in Council,
have a more cogent application in reference to the power now
claimed to make agricultural reserves after the issue of leases.
Such a power, claimed, as it is understood to be, under the ninth
section of the second chapter of the Orders in Council, would in-
validate his Lordship's reasoning altogether, and condemn the
extreme solicitude evinced by that Minister, in his Depatches on
the subject, as absolutely superfluous. Neither does a considera-
tion of the Orders in Council themselves, apart from these
Despatches, lead to a different conclusion. The ninth section
reserves to the Governor the right to grant and sell any lands
during the currency of the leases for " public," as contradistin-
115
guished from private purposes, such private purposes being, by
possibility, only such as may be comprised in the possession of
the fee simple directed to private objects.
On the other hand, what is meant by public purposes, may be
collected from the specialities enumerated in the ninth section,
which are all for the general advantage, and also by reference to
the third clause of the 5th and 6th Vict. c. 36, quoted in Chapter
II. Section 8 of the Orders in Council, as declaratory of the ob-
jects contemplated in that and the following clauses : viz.
" For public roads and other internal communications, whether
by land or water, or for the use and benefit of the aboriginal in-
habitants of the country, or for the purposes of military defence,
or as the sites of places of public worship, schools, and other pub-
lic buildings, or as places for the interment of the dead, or places
for the recreation aud amusement of the inhabitants of any town
or village, or as the sites of public quays or landing places on the
sea coast or shores of navigable streams, or for any other purpose
of public safety, convenience, health, or enjoyment."
Such an enumeration of specialities as is contained in the 9th
section of the Orders in Council, and such a provision for rail-
roads, as is the express and special object of the 10th section,
would be absolutely superfluous, if a general power to make
agricultural and other reserves previously and independently
existed ; nor does it appear possible, under the largest interpre-
tation, for the Crown to set aside the express words of the 6th
section, which states that " During the continuance of any lease
of lands occupied as a run, the same shall not be open to pur-
chase by any other person or persons except the lessee thereof;"
for if the Crown may come in upon the lessee's estate, for any
and every purpose, the guarantee of the 6th section is rendered
absolutely nugatory.
The same point is asserted in the Order of Council, dated 18th
July, 1849, viz. (New South Wales Gazette, 1850, vol. i. p. 686),
" Provided always, that no such condition or clauses of forfei-
ture, exception, or reservation, shall entitle any person, other
than the holder of such lease, to use the lands comprised therein
for the purpose of pasture or cultivation."
And indirectly, by the 15th section of the Orders in Council,
viz. that,
" Upon the expiration of a lease, it shall be competent for the
116
Governor to put up all or any part of the lands included in a run
for sale."
From which it may clearly be inferred that, until such expira-
tion comes about, no such power is conferred.
II. As to the policy of making agricultural reserves, &c.
The impolicy of an undue dispersion of the inhabitants, is so
strongly and fully argued by Earl Grey, in his Despatch already
referred to, dated the 29th November, 1846, that it is unneces-
sary to enlarge further on this subject, except to remark, that the
rapid augmentation of the population of this Colony, taken in
connection with the probable advance in the price of animal food,
would seem to render it eminently unwise to place any unneces-
sary drawback upon the pastoral interests. Already the dearth
of labour is restricting the operations of this class of capitalists,
while the effect of opening agricultural reserves in the "Unsettled"
districts, would obviously and unavoidably be to convert a large
portion of these lands into a right of commonage, from whence
would spring innumerable trespasses on the legitimate settler,
with all the concomitant evils of cattle-stealing and heart-burnings,
and an amount of obstruction to the due pursuit of pastoral ob-
jects, as would seriously impede and fetter these operations, and
thereby prove detrimental to the public interests.
The settler has no desire to impede the progress of the Colony,
nor ought he so to be charged if, in a legitimate manner, he
pursues his just claims. The inviolability of public faith is pecu-
liarly a British sentiment, and constitutes the broadest and safest
basis of national prosperity.
(Signed) J. F. PALMER.
117
PART IT.
No. 44.
Extract from the Votes and Proceedings of the Legislative Council of
Victoria: 20th July, 1852.
" Mr. Johnston moved, pursuant to notice, That an address be
presented to his Excellency the Lieutenant-Governor, requesting
his Excellency to cause measures to be taken for bringing into
the market a large extent of land, suitable for agricultural pur-
poses, in the immediate vicinity of the Mount Alexander and Bal-
larat gold fields. Debate ensued. Mr. Murphy moved, as an
amendment, that the following words be added after the word
' fields/ ' in accordance with the provisions of the Orders in
Council, a due regard at the same time being had to the rights
and interests of the occupiers of the land.' Debate ensued. Ques-
tion that the words proposed to be added be so added put.
" Council divided. Ayes, 14. Noes, 11.
" Question, as amended, put and passed."
No. 45.
AGEICULTUKAL CKOWN LANDS.
Report of the "Argus" of the 1\st July, 1852.
Alderman Johnston, pursuant to notice, rose to move, " That
an Address be presented to his Excellency the Lieutenant-Gover-
nor, requesting his Excellency to cause measures to be taken for
bringing into the market a large extent of land, rentable for agri-
cultural purposes, in the immediate vicinity of the Mount Alexan-
der and Ballarat gold fields." He said there was one word in the
motion, as printed, which was in error, and as it might lead to a
misapprehension of his object, it would be as well to explain it.
He wished that land " suitable " for agricultural purposes should
be put up for sale, not lands " rentable," as printed on the notice
118
paper. His object was to get the land sold, not rented. In a
country like this, where there was so much agricultural land, more
of it ought to be brought into cultivation, for unquestionably it
was the means of great injury to the labourers at the gold fields,
that they had to cart all their flour from Melbourne, while, under
proper management, wheat might be grown in their immediate
neighbourhood. It was not only wheat in which the hardship was
felt, but in other produce, as oats and hay, which latter article it
was impossible to obtain at the diggings in sufficient quantity.
Government should therefore bring into the market all the avail-
able land in the vicinity, as when men who had got gold found
there were no means here for investing it, they in most cases went
back again to where they came from, and many successful diggers
went away to the neighbouring colonies, from the impossibility of
finding means for the investment of their capital here. J It was in
the same spirit as that in which the motions of the hon. members
for Melbourne and North Bourke (Messrs. O'Shanassy & Smith)
on the same subject, had been brought forward, that he now urged
on the Government to bring into the market land in large quan-
tities. It might be said that labour could not be found to culti-
vate this land ; but he really believed labour, if to be obtained
anywhere, was to be obtained at the diggings. Many men arrived
there with limited funds; many more were unfortunate in pursuit
of their object; and a proof that labour was to be found at the
gold fields might be derived from the fact, that last season the
settlers brought their sheep in flocks to the diggings, and there
found shearers, which they could not procure at home. There
were many men at the diggings anxious to obtain labour, in order
to procure the money for licences, and he believed that, at alJ
times, there would be abundance of labour in that locality. He
was told there was no land in the immediate vicinity of the gold
fields suitable for agricultural purposes, but he did not insist on
the necessity of immediate vicinity ; on the contrary, he believed
that if land for the purpose could be found within a distance of
ten miles, a great object would be gained, and there could surely
be no difficulty in that. The advantages of producing articles of
consumption, near to where they were to be used, was so obvious,
so self-evident, that it would be unnecessary to trouble the House
with any remarks on the subject ; ho would, however, reserve to
himself the right of replying to any objections that might be
119
raised, though, he hoped, none would be made, where so evident
an advantage was apparent.
Mr. 0' Shanassy seconded the motion. The great evil of the
system was, the laying out of small townships, and selling only
small town and suburban allotments, offering no inducement what-
ever to the settler, which ought to be done by putting up at the
same time large quantities of agricultural land. The vicinity of
our gold fields was very suitable for this purpose, but the Govern-
ment had not brought any land there into the market. At Ky ne
ton, small allotments were sold at 180 the half acre, but as no
land in quantity was offered at the same time, the suburban allot-
ments fetched almost as high a price as those in the township.
There could be no difficulty in putting up such land. He knew it
was a general feeling amongst the gold diggers, delighted with
the beauty and variety of the country through which they con-
stantly passed, that they would like to invest the proceeds of their
labour in purchasing parts of it. There was every reason for the
Government adopting such a course, and in every locality where
allotments were sold, putting up large quantities of agricultural
land, and such he was persuaded would be found one of the most
powerful means for advancing the prosperity of the Colony.
Mr. Fawkner supported the motion. He quoted from the waste
lands Act, to show that in selecting lands for sale, among other
reasons given for making selections, were the " attaining the im-
provement and settlement of the Colony." It was the opinion of
the Executive, at the time that Act was framed, that those should
be the grounds on which land should be selected for sale, and, in
accordance with that opinion, lands had been surveyed in the
neighbourhood of Kyneton, and put up for sale, and part of it
had been sold as town and suburban allotments. Portions of this
land had been advertised in different successive sales, but on the
last occasion some gentlemen belonging to the district interfered,
and prevented the Government from selling that land which they
had already advertised. This reflected strongly on the conduct
of the Executive, who either had power to sell, or they had not.
If they had not that power, they failed in their duty in inducing
persons to come from Kyneton, Carisbrook, and elsewhere, to bid
for these allotments, but only to be disappointed by finding the
squatters had prevented the Government from selling them. They
had all the risk and trouble of coming to town to find that the
120
Government had, at the instance of the squatters, withdrawn the
land. If, on the other hand, the Executive had the power, they
should have sold the lots, or, if they felt any doubt on the subject,
they might have appiled to Her Majesty in Council to give them
the power. No fewer than three individuals had told him they
would have given 4 per acre for the land in that vicinity ; but it
was not put up, to the injury of the emigration fund and of the
Colony at large. The sale of this very land had been prevented
by one particular squatter, who interfered with the Government,
and prevented them from selling it. Again, by section 6 of the
same Act, it was enacted, that it was lawful for Her Majesty to
make and enact all such rules and regulations, for the purposes
aforesaid, as might be deemed necessary, and any such regulations
again to repeal, alter, and amend, if it should appear to be advisa-
ble so to do. If then the law-officers of the Colony were of opin-
ion that the Government could not sell this land, they might still
have appealed to Her Majesty in Council, and so set the matter at
rest. If they found their hands so tied up, that they could not
sell, they should at once have applied to the Home Government
to remedy the evil. There was abundance of good land around
the gold fields, fit for cultivation ; he said so from his own know-
ledge, and he knew many men ready to purchase lots from 100
to 1000 acres. Despite the gold mines, he was certain as much
land might be brought into cultivation as to relieve the population
of the gold fields by its produce.
The Colonial Secretary thought that, before deciding on this
motion, the Council should take into consideration the position of
the Crown lands, according to the Waste Lands Act. By that
Act the land was divided into three descriptions, the Settled Dis-
tricts, the Intermediate Districts, and the Unsettled Districts. It
was in the Settled Districts alone that the whole of the land was
open for sale. In the Intermediate Districts, the land that could
be sold was but of moderate extent. The lands in question were
all situated in Intermediate districts, so that they were not open
to sale, except to a certain extent, and under certain regulations.
The extent to which land was open for sale in the intermediate
districts, was described in reserves made by the Executive for the
purpose of sale and for the advantage of the Colony. Wherever
it had been found convenient to fix the sites, as on the chief roads
and lines of communication, townships had been laid out, and at-
121
tached to these townships were reserves of land for agricultural
purposes, these varying in extent according to the situation of
the townships, some requiring larger reserves than others. These
reserves were the only lands available for sale in the districts
spoken of, and it was remarkable that, between Melbourne and
the gold fields, there was more land of this description than in
any other direction. There could be no doubt that it would be
very convenient if agricultural produce could be raised nearer to
the gold fields, and he thought the reserves he had alluded to, if
brought into cultivation, would meet the object of the honourable
mover. With regard to the land withdrawn at the last sale, and
alluded to by the honourable member for Talbot, such a circum-
stance did occur. The lands in question were not comprised
within the reserves, but had been put up by the Surveyor-
General. The fact that they ought not to have been so put up,
according to the provisions of the Act, was brought under the
notice of the Government by the lessee of the run in which they
were situated, and the lots were consequently withdrawn. These
lands could be put up on a future occasion, when a certain notice
might be given to the squatter, that a part of his run would be
offered for sale, and the squatter could then, if he chose, claim
the privilege of purchasing such part. At present there were no
means of putting additional lands in the market, beyond the re-
serves which had been retained by the Government for the
advantage of the Colony, and they had been made of as "great
extent as possible. If the object of the honourable mover went
further than this, he must oppose it as being impracticable/^but if
his object was limited to the putting up more land from the re-
serves, or in the more distant settled parts of the Colony, he (the
Colonial Secretary) saw no objection to it, as that could be effected,
but if the object went further, he must oppose it.
Dr. Murphy thought that the motion went further than it ap-
peared to do. It must be considered that there were other
parties besides purchasers who had an interest in this question.
There were the rights of the present occupiers, who had an
interest granted by the Crown and guaranteed by the laws. He
denied, however, that the occupiers wished to stand in the way of
improvement. For himself, and for that body with which he was
generally .supposed to be connected, he denied that there was
any desire on the part of the squatters to afford any hindrance or
122
impediment to the advance of improvement ; but in a question of
this sort, directly affecting their interests, he thought they ought
to be considered both by the country and the House. By the
old Crown land sales Act, 5 and 6 Victoria, cap. 36, the Govern-
ment were empowered to sell all lands, which were, however, first
to be proclaimed as being for sale. In 1844, Sir George Gipps
issued a proclamation, which, to this day, remains unaltered. By
it, the Counties of Bourke, Grant, and Mornington, were pro-
claimed as being saleable, and no other land could be sold, except
under special conditions, in 20,000 acre blocks. No land could
be sold except under that Act, or under the new Act to regulate
the Orders in Council. Now the Orders in Council had not been
entirely put in force, and it was to be presumed that a law not in
entire force was not a law at all. The Government then were
not allowed to sell under the new Act, but must fall back on the
old law, which allowed the squatters their rights. But again he
would say, that there existed no desire whatever on the part of
the squatters to prevent the occupation of land, but that they
were willing that as much land should be taken for agricultural
purposes as was wanted. He had, however, an opinion of his
own, that as the course wished to be pursued would cause the
land to be deserted ; that by it they would get rid of the class
of men to whom the Colony owed everything, for the sake of a
new class of whom they knew nothing ; supplanting Victoria's
old race of colonists, who had borne the sweat and the toil, and
stood in the heat and the brunt of the battle, for the sake of a
new and ephemeral class, whose only stake in the country was a
few acres of land. (Oh). Yes, honourable members may say
" oh," but if a new gold field of greater attractions were discovered
at Sydney or elsewhere, would not this new class be off again as
quickly as they came ? Did not this new class consist of men
who would not be fixed, but who were to be drawn away by the
first attraction that offered ? The squatters did not wish to stop
progress; all that they required was, that in anything that
might be done, due regard should be had to the interests of all
parties. He moved an amendment, that the following words
should be added : " due regard, at the same time, being had to
the rights of the present occupiers."
123
Message from His Excellency.
A message from His Excellency being announced, and the Pri-
vate Secretary having delivered it to the Speaker,
The Speaker announced that he had received a message from
His Excellency, No. 9, inclosing a copy of a despatch received
from the Secretary of State, respecting the subject of emigration.
On the motion of the Colonial Secretary, the Message, with its
inclosures, was ordered to be printed.
The Speaker also announced the receipt of another Message,
No. 10, containing the draft of a bill for the confirmation of the
use and adoption of the Seal of Victoria.
The Attorney-General moved that the bill be read a first time
and printed, and would fix the second reading for to-morrow,
(this day). The circumstances requiring the introduction of the
bill were these : when the Act of Separation took place, no Seal
had been sent out for the use of the Colony, and His Excellency
had therefore adopted one which had been in use till a few days
ago, when it was destroyed, a new Seal having been sent. The
object of this Bill was to indemnify all persons from any conse-
quences that might arise from having acted under the authority
of the old Seal.
The motion was seconded by the Solicitor-General, and carried.
Debate Resumed.
Mr. Rutledge seconded the amendment of the honourable
member for the Murray. The motion appeared to him to be
very obscure, unless the purport of it was to call on the House to
address His Excellency to set aside a law of the land, and destroy
an important interest which existed under protection of that law.
It must be obvious to any one, on reading the Crown Lands Act,
or the Order in Council, that the lands in the intermediate dis-
tricts could not be put up for sale as persons might desire, for
their own advantage. If the motion had been one calling on the
Government to define the lands set down as reserved, he would
have supported it ; but when it was of so vague a description, as.
merely to suggest the idea of setting aside the law, with regard
to the intermediate districts, he could not do so. If the honour-
able member for Talbot had gone a little further in his reading
of the Act, ho would have seen that it was not competent for the
Government to infringe the leases of occupants, either before or
124
after the granting of their licences ; and it would be only justice
as well as law to carry out the Orders of Council in the spirit, as
well as in the letter. It was true that such reserves should be
made as exigency might require, but they should be maintained
in good faith with the squatters. He for one would never consent
to ask His Excellency to infringe an Order of Council, which had
been framed for the benefit of the Colony at large ; as well might
it be attempted to disturb grants of land that had been made
years ago. As long as the law existed it would be law, and
could not be interfered with ; but if, from changes and other cir-
cumstances, pastoral leases were found to press unduly on the
other interests of the Colony, let the Act of Parliament be
altered, but, at the same time, let there be some compensation
allowed for injury done to fair and vested interests.
Mr. Strachan wished the honourable member for Villiers had
gone a little further in his explanation of the Act. His (Mr.
Strachan's) reading of it was, that the Governor had power to re-
lease the intermediate districts, after a period of eight years.
That was his view, but till the Executive should speak out as to
their intentions respecting the issue of new leases, both the House
and the public were totally in the dark on the subject. He agreed
with the honourable mover as to the importance of putting up
land for sale at the gold fields. There was no obstruction to in-
duce the Government to withhold those lands, but, as he said
before, until the Government stated their intentions as to the
leases, the House must remain in ignorance on the subject.
Mr. Fawkner would not have opposed the amendment, but that
he thought the words were a trap laid to catch the unwary. The
honourable member for the Murray talked about the just rights
of the squatters. He (Mr. Fawkner) asserted that those just
rights were based on robbery (a laugh), and he would, on Friday
next, show it distinctly to the House.
Mr. Rutledge rose to order, but
The Speaker ruled in favour of
Mr. Fawkner, who proceeded to read from the Crown lands Act,
to show that it gave power to Her Majesty in Council to ' renew,
repeal, and alter" any of its provisions. The hon. member for
Villiers might therefore, had he possessed sufficient mental dis-
cernment (a laugh) have seen that the power which he denied did
exist under the Act. It appeared to be the wish of some hon.
125
members, that the whole Colony, with its population of 120,000
or 130,000, should succumb to 600 or 700 squatters. They did
not wish to see here the men of a few paltry acres the men who
were the mainstay of every country the men who formed a bold
yeomanry it was not their wish to see such men as these come
and settle, but they would rather see the whole country occupied
by some six hundred or seven hundred sheep-farmers, and the
Executive was in league with them. The Colonial Secretary had
said that the townships had been laid out for the convenience of
the squatters. They did not want storekeepers and tradesmen,
and mechanics in the townships, with cultivated land around, but
only a hoard of sheep-farmers. They did not want to get 80 per
acre for the land, put preferred letting it to the squatter, who
paid a quarter of a farthing an acre for it, on leases obtained by
misrepresentation sent from Sydney He denied the right of the
squatters these rights were a violent wrong to the whole com-
munity. (Hear from Mr.Rutledge). Oh, (continued the honourable
member, turning sharply round), gentlemen were for altering the
law the other day, when it trod on their toes a little, but where it
put a little money into their pockets, or enabled them to enrich
themselves to the injury of the rest of the community, they were
great sticklers for upholding it inviolate. It would be like coming
back to the old times, when biscuit was 20s. a lb. and flour not to
be had ; tobacco, 5s. a quarter of an oz. and Indian corn half a
guinea per lb. He did not wish to dispossess the squatters
Mr. Rutledge Beef and Mutton.
Mr. Fawkner They might continue to sell their beef and
mutton, and at a high price too. He had no wish to prevent
them from doing that. He would ask the Executive, and it was
a request they must grant, though they might delay it for a
time, to put up lands for sale that might be cultivated, and that
would produce from fifty to seventy bushels of wheat per acre
such as that land at Kyneton. There were persons who would
give i per acre for it. At present, 30,000,000 of acres were
divided among some 660 persons. Suppose that from each were
taken 2000 or 3000 acres, for agricultural purposes, there would
still remain to them 27,000,000 or 28,000,000. He did not want
to disturb the squatters ; but let not that land, which would fetch
10, 20, 30, or 40, an acre in the market, be leased out at
the rate of a quarter of a farthing an acre.
126
Mr. A'Beckett said, that it was his intention to vote for the
amendment, but he hoped thereby that he should not be deemed
not to be a " true man." When he first saw the notice of the
present motion on the Paper, and had read it, it seemed to him
that there must of necessity be perfect unanimity on the subject.
He dare say, that if he had expressed such an opinion, many
honourable members would have smiled at his simplicity, for he
was certainly not aware that such a discussion as the present one
would have arisen. The only difficulty in the matter appeared
to him to be, whether a certain measure would be carried out in
accordance with the law, or in opposition to the law : that ap-
peared to be the point at issue. The measure proposed that land
should be put up for sale in larger quantities than at present, and
to that he fully assented. He should be glad to see large quan-
tities of land rendered available for agricultural purposes, but he
should also be glad to see the exercise of a due respect for the
rights of subjects ; nor did he think that any good result would
be obtained by setting aside any rights which had been conferred
on any portion of the community. He had looked carefully into
the Orders in Council, and found that, with reference to the lands
which it was now sought to bring to a public market, the difficul-
ties were very slight ; it was only required that due notice should
be given to the squatters that the lands they occupied would be
required for sale, and prepared to receive the " bold yeomanry,"
of whom the honourable member for Talbot had been speaking.
He certainly should deeply grieve that the rights of any body of
men should not be preserved, and had hoped that when the
honourable mover was shown the amendment, he would at once
have assented to it. Had he done so, the House would have been
spared this discussion, for he thought it a sad thing that the pas-
toral interest of the Colony should have an ill feeling manifested
against it by the commercial interest. Such a state of things
was much to be lamented, for the interests of each were of equal
importance ; and it should ever be borne in mind, that to the in-
ducements that had been formerly held out to persons engaged in
pastoral pursuits, the existence of the Colony was owing. No one
was more aware of the jealousy that existed between the two op-
posite interests, than the honourable member for Talbot, who had
himself taken such an interesting part in the establishment of the
Colony. (The honourable member here read an extract from a
127
work on the subject.) For himself, he should vote for the amend-
ment, as recognising a principle which he conceived it would be
very dangerous for that House or for any Legislative Assembly
to disavow.
Mr. Smith thought that the honourable mover had not been
sufficiently explicit. What was the motion? Did it call upon
Government to violate the law ? No. It was not depriving the
squatter of his just rights, but simply following up the resolutions
previously arrived at by that House regarding the vacant Crown
lands. He was certainly surprised to hear the honourable mem-
ber for Villiers state that the resolution was so vague as to induce
the belief that its object was to set aside the Orders in Council. He
would read the motion again ; it merely requested His Excellency
to cause measures to be taken for bringing into the market a
large extent of land, suitable for agricultural purposes, in the
neighbourhood of the gold fields. He should have been gratified
if the Colonial Secretary had stated that he was prepared to tell
the House that the lands should be immediately brought into the
market, to meet the requirements of the Colony. What was the
object of the amendment, but to stultify the character of every
member of that House ? It stated that they were to ask the
Government to do this, and at the same time put in a promise
that it was to be done according to law. He for one would
oppose the amendment, but would at the same time say, that if
the squatter had any claims according to law, those claims should
be held sacred. Honourable members would do wrong
Mr. Rutledge rose to order, saying that the previous speaker
ought to address his remarks to the chair.
Mr. Smith continued, that he would submit to the House that
the motion should not be taken to mean more than it expressed ;
it simply required that the land should be made available for the
public, and that such ought to be the case, he did not think any
honourable member would for one moment gainsay. He hoped
the House would carry the motion ; it was perfectly good as it
stood, and was one that he should cordially support.
Mr. O'Shanassy was unwilling to speak again on that subject ;
but the honourable member for the Murray had taken the alarm,
and attached to the motion a latitude ho was not justified in doing,
by any remarks which had been made either by the mover or se-
conder. He (Dr. Murphy) had feared that there was an intention
128
of invading the just rights of the squatters, that is, if they had any-
just rights; and if they had, the mode that had been adopted by
the proposer of the amendment, was calculated to injure them
materially. He was surprised that the amendment had met with
any support from either side of the House ; as, were it not for the
gold discovery, this would have been the leading question of the
day ; and the motion did not contemplate doing anything in other
than a legal manner. They had been told a great deal about the
gold fields absorbing so much labour that the crops would remain
uncut? But had anybody heard of a single sheaf of wheat which
had remained uncut ? People, in fact, were desirous of purchasing
land, and engaging in agricultural pursuits ; and such remarks
as had been made came with a very bad grace from persons who
had occupied the waste lands for sO long a time.
Mr. Snodgrass was of the same opinion as Mr. O'Shanassy ;
but would, at the same time, remark, that the honourable member
for the Murray, in bringing forward his amendment, had evinced
much unnecessary alarm.
Mr. Johnston said, that the honourable member from William-
street had expressed a degree of surprise that the present discus-
sion had arisen. The honourable member was, perhaps, not yet
acquainted with the fact, that a certain class of persons were
haunted by spectral illusions, and that there was never any notice
of motion placed on the paper without their discovering in it a hid-
den meaning of doing them some serious injury. These gentlemen
were the squatters. The honourable member (Mr. A'Beckett) had
also expressed his surprise that he (Mr. Johnston) had not assent-
ed at once to the amendment. He was astonished that it had
been moved at all, and hoped that it would be withdrawn,
as being perfectly unnecessary. The honourable member for
Talbot had said that the squatters had done all in their power to
prevent the sale of lands, and he was perfectly right, and the
Colonial Secretary had informed the House that what he (Mr.
Johnston) had asked for was impracticable. People might ask
the Government what they pleased, and the answer was sure to
be " its impossible ; " but he was perfectly convinced that what
he now asked was quite possible, and could easily be carried out
in accordance with the Orders in Council. It had also been said
that the motion was in opposition to the law of the land, but this
he denied, as Government had power, after sixty days' notice, to
129
the holder of any run, to offer for sale part of any such run. The
honourable member, Mr. A'Beckett, had stated that all that was
necessary was to give notice at the end of the year that a sale
would take place. He was rather surprised that a gentleman of
his legal sharpness should have overlookod one point. The Act
said, "from the date of his lease," while in fact there was no lease;
and why ? If the squatter did not choose to take the land at a
fair valuation, and when Government had the power of appointing
two valuators out of three if the valuation was then incorrect, it
was not the fault of the law, but of this impracticable Government.
The honourable mover of the amendment was anxious that the
rights of the squatter should not be interfered with. He had no
intention of interfering with them, as he was opposed to every
description of class legislation, and should not interfere with the
squatters as a class ; but in bringing forward the amendment he
thought they had shown their own ridiculous fears. An honour-
able member had also termed the present discussion a useless one.
This he denied, as it would show the House that they ought not
to be alarmed at the outcry of these unreasonable people. It
was well known what description of mind suspicion haunted, and
he would not apply the quotation further. It had also been said
that it was not right to displace the present occupiers of the land,
and allow the owners of a few paltry acres to come in ; but he
looked upon the owner of these few acres as equally as important
as the others. Even if he ran away, his money went to bring out
emigrants, and they do not run away, so the small owner of land
benefitted the Colony much more than the squatter did. The
honourable member who had seconded the amendment, had accused
the supporters of the resolution of a desire to set aside the law,
and had said that those squatters who were deprived of their runs
ought to have compensation. Now, if it could be shown that they
had any lawful claim on the land, he should be willing to give
them this compensation ; but when Government had a difficulty to
contend with, and saw that it was a difficulty, they shut their eyes
to it, and tried to forget it. They had even tried to forget these
Orders in Council, and were in hopes that if they left them alone
everybody else would do so too. He thought, therefore, that the
discussion was useful, especially if it had the effect of having the
squatters' leases dated at the time they ought to be not letting
land for four years and giving them eight. He very much object
130
ed to 60,000 men being starved, in order to suit the convenience
of three or four squatters, and hoped that the amendment would
be withdrawn. He had also hoped that the Colonial Secretary
would have been able to come to the House, and give a more
satisfactory answer than he gave a short time ago to the honour-
able member for Talbot, by saying that the leases were in course
of preparation.
Dr. Murphy had not the least wish to divide the House, or
press his amendment, if the House were opposed to it. If, there-
fore, the seconder would permit him, he would withdraw it.
Mr. Rutledge acceded, but
Mr. Campbell objected to the withdrawal; and the question
being put, the amendment was carried. The following was the
division :
Ayes, 14. The Colonial Secretary ; the Auditor-General ; the
Chairman of Quarter Sessions ; the Attorney-General ; the Soli-
citor-General ; Messrs. A'Beckett, Anderson, Riddell, Russell,
Campbell, Murphy, Rutledge, Wilkinson, Splatt (Teller).
Noes, 11. Messrs. Westgarth, Johnston, O'Shanassy, Strachan,
Miller, Dight, Fawkner, Snodgrass, Turnbull, Goldsmith, Smith,
(Teller). The motion, as amended, was then carried.
No. 46.
Extract from Votes and Proceedings of the Legislative Council of
28*A July, 1852.
EXTENSION OP THE SETTLED DISTKICTS.
Mr. Fawkner moved, pursuant to notice, That an Address be
presented by this Council, requesting His Excellency the Lieute-
nant-Governor to represent to the Queen in Council the urgent
necessity for extending the area of the settled districts in Victoria,
and that His Excellency will be pleased to strenuously urge upon
the home authorities the vast importance of this extension, and
the necessity for its instant adoption ; and that such a large addi-
tion has been and is daily being made to the population of this
province, in consequence of the gold found here, that not less than
the whole of the intermediate district, together with all that
extent of country in which gold can be profitably worked, ought
to be included in and under the title of settled districts.
131
Mr. Rutledge moved, as an amendment, That all the words
after " That " be omitted, with a view to insert the words, " leases
be immediately issued to the occupants of Crown ' lands,' to bear
date on the 7th April, 1848, in order that the lands may be
opened for sale, under the Orders in Council of the 9th March,
1847, in quantities to meet the demand of the increasing popula-
tion of the Colony."
Debate ensued.
Mr. Johnston moved, as an amendment to the amendment
proposed by Mr. Rutledge, That the following words be inserted
after the word " lands," viz. " in the intermediate districts."
Debate ensued.
Question That the words of the original motion, proposed to
be omitted, stand part of the question put and negatived.
Question That the words proposed to be inserted in the
amendment first proposed, be so inserted put.
Council divided.
Ayes, 9. Messrs. Smith, Miller, Westgarth, Johnston ; Dr.
Thomson; Messrs. Fawkner, Strachan, Dight, O'Shanassy (Teller).
Noes, 18. The Colonial Secretary; the Attorney-General;
the Auditor-General ; the Chairman of Quarter Sessions ; Mr.
A'Beckett; Lieut. Col. Anderson; Messrs. Campbell, Riddell,
Turnbull; the Solicitor- General; Messrs. Goldsmith, Russell,
Snodgrass, Wilkinson, Rutledge, Mercer, Murphy, Splatt (Teller).
Question That the words proposed to be inserted in the place
of the words of the original motion, be so inserted put.
Council divided.
Ayes, 18. Mr. Murphy; the Colonial Secretary; the Attor-
ney-General; the Solicitor-General; the Auditor- General ; Lieut
Col. Anderson; Messrs. A'Beckett, Russell, Campbell, Riddell
Chairman of Quarter Sessions : Messrs. Splatt, Wilkinson, Turn-
bull, Snodgrass, Goldsmith, Rutledge, Mercer (Teller).
Noes, 9. Messrs. Smith, Miller; Dr. Thomson; Messrs.
Fawkner, Johnston, Strachan, Westgarth, Dight, O'Shanassy
(Teller).
Question That leases be immediately issued to the occupants
of Crown lands, to bear date on the 7th April, 1848, in order
that the lands may be opened for sale under the Orders in Coun-
cil of the 9th March, 1847, in quantities to meet the demand of
the increasing population of this Colony put and passed.
132
No. 47.
PKE-EMPTIVE EIGHT TO CROWN LANDS.
Mr. Fawkner moved, pursuant to notice, That an Address be
presented to His Excellency the Lieutenant-Governor, that he
will be pleased to withhold the granting of all " lands" to all per-
sons who have claimed, or may claim, lands under the so-called
pre-emptive right, conferred, or supposed to be conferred, by the
Orders in Council, dated England in 1847, until this matter shall
have been brought under the notice of Her Majesty in Council.
Debate ensued.
Mr. Folman moved, as an amendment, the insertion after the
word " lands " of the words, "beyond the homesteads, or such
quantity of land as to His Excellency may appear proper in each
particular case, to all persons who have claimed, or may claim,
lands under the so-called pre-emptive right, conferred, or supposed
to be conferred, by the Orders in Council, dated England in
1847, until this matter shall have been brought under the notice
of Her Majesty and Council" put and passed.
No. 48.
No. 32. Pre-emptive right to Crown lands adopted on the
17th August, 1852, on the motion of Mr. Fawkner; and
that His Execellency had to such address been pleased to
reply as follows :
" In replying to this address, would take occasion to advert to
the expression of opinion, on the part of the Council, which I find
has been recorded at an earlier period of the session (July 28th),
relative to the propriety of the immediate issuing leases, bearing
a specified date, under the Orders in Council of the 9th March,
1847, to the occupants of Crown lands, in order that the land
may be thrown open for sale in quantities to meet the demands of
the increasing population of the Colony.
" I may remark, that it does not appear to be in my power to
direct the definite issue of these leases without very considerable
further delay. The whole question which this issue involves is
one, I conceive, to be of the greatest importance to the Colony.
"While, therefore, I consider it my duty to make every effort
to comply with the main provisions of the Orders referred to,
and to proceed with the measures preparatory to such issue,
133
and further hold that it is both just and reasonable that the au-
thorised occupant of the waste lands of the Crown, for pastoral
purposes, should feel himself secure in the undisturbed occupation
of those lands, so long as the general interests may not demand
their final appropriation, by sale, or otherwise, for other purposes,
I am fully disposed to yield to what appears to be the wish of
the Council, and to bring the whole subject under the attention of
the Home Government, in order that, before leases finally issue,
some of the subordinate provisions of the above Orders, and cer-
tain points upon which there exists a grave discrepancy of opinion,
may be duly weighed, explained, and disposed of under Her
Majesty's authority, full assurance being attained that, while the
interests of one most important class of colonists are suitably
provided for, the general welfare of the Colony is in nowise
perilled. I shall take an early opportunity of communicating
upon the subject with the Secretary of State.
" In the interval, the claimants for leases will be enabled to
take advantage of the privilege conceded by the Government
notice of the 28th June, 1850, to purchase, under pre-emptive
right, their homestead section or other limited portion of their runs.
" Due notice will be given of the portions of land which it may
be proposed formally to exclude, on broad public grounds, from
lease when issued, though, until finally withdrawn from occupa-
tion by sale or grant, the right of the present licensee to exclusive
occupation of the same will remain unquestioned. And, lastly, in
conformity with the powers which the Lieutenant-Governor is
held to possess, and has already exercised, such portions of the
Crown lands comprised within those reserves as may be clearly
required for the public and general advantage of the Colony, may
be brought into the market, without being held subject to pre-
emptive right." (Signed) C. J. LA TROBE.
No. 49.
Return showing the Number of Applications to purchase Lands
within the Settled Districts under Pre-emptive Right, in ac-
cordance with the Regulations of the 8th December, 1851,
which have been laid before the Land Board, distinguishing
the Numbers and Quantities of those allowed and awaiting
134
Decision, together with the average Price, as far as can be
ascertained.
District.
Applications dealt with
Allowances.
Average
Price per
Acre.
Awaiting Decisions.
Numbers.
Quantities.
Numbers.
Quantities.
Numbers.
Quantities,
Settled Dis-
tricts of the
Colony . .
149
Acres.
101032
133
Acres.
36480
s. d.
10 7
19
Acres.
9100
The total quantity of Crown Lands held under lease within the
settled districts under the 22d clause is 1,384,507 acres.
The award of the board has never exceeded the extent of 640
acres on each run. (Signed) R. HODDLE, Surveyor-General.
Note. It may be remarked, that, in addition to the above purchases under the
system of valuation, the large purchase of W. J. T. Clarke, to the extent of
31,375 acres, county of Bourke, sanctioned by the Governor-General, under the
25th clause of the Regulations of the 1st March, 1843, based upon the Imperial
Act 6 Victoria, c. 26, previous to the separation of the Colonies, was effected in
the same manner, and was allowed at the upset price of 1 per acre.
No. 50.
Return showing the Number of Applications to purchase Lands
in the Intermediate and Unsettled Districts under Pre-
emptive Right, in accordance with the Regulations of the
28th June, 1850, which have been laid before the Land
Board, distinguishing the Quantities so allowed and awaiting
Decision, together with the average Price, so far as can be
ascertained.
District.
Applications dealt with
Allowances.
Average
Price per
Acre.
Awaiting Decisions.
Numbers.
Quantities.
Numbers.
Quantities.
[Numbers.
Quantities.
Portland Bay
Western Port
Murray . . .
Gipp's Land .
Wimmera . .
Totals . .
68
36
6
3
1
Acres.
94677
32107
2447
486
320
47
ai
5
i
l
Acres.
22719
14683
2138
160
320
s. d.
[l 8*
49
Acres.
19672
114
130037
85
40020
49
19672
The award of the board has not exceeded the extent of 640
acres on each run. (Signed) R. Hoddle, Surveyor-General.
135
No. 51.
At a large and most influential Meeting of the licensed occupants
of Crown lands, held this 2nd day of September, 1852, at the
" Prince of Wales" Hotel, Melbourne, Victoria, for the pur-
pose of preparing a Petition to Her Majesty in reference to
the Rights of the Petitioners arising under the Orders in
Council ; John Carre Riddell, Esq., M.L.C., in the chair ;
1. It was proposed by Mr. John Goodman, J.P., and seconded
by Mr. Alexander Cunningham, J. P., and carried unanimously :
" That the pastoral tenants of the Crown in the Colony of Vic-
toria, having been assured of the possession of leases, for one, eight,
or fourteen years respectively, in the settled, intermediate, and
unsettled districts, by Her Majesty's Orders in Council, dated 8th
March, 1847, founded on an Act of the Imperial Parliament, have
a just claim to have those Orders, which came into operation on
the 7th October, 1847, carried out according to their spirit and
real intention, as more fully explained in Lord Grey's despatches
of 20th November, 1846, and 20th March, 1847."
2. Proposed by Mr. William Campbell, M L.C., and seconded
by Mr. W. F. Splatt, M.L.C., and carried unanimously :
" That claims to leases, with the privilege of purchasing at a
valuation, became marketable through the sanction of Government,
by the proclamation of 1st January, 1848, and that a very large
proportion of the present holders have purchased their claims at
a high value, so that property to a large amount has changed hands
under such pledges of public faith, and in the fullest confidence
that the law affecting so great an interest would be held sacred
by the British Parliament."
3. Proposed by Mr. William Forlonge, and seconded by Mr. A.
Campbell, and carried unanimously :
" That the demand for land is fully provided for by many mil-
lions of acres within the settled and intermediate districts, which
under the Orders in Council may be made available for sale for
agricultural purposes."
4. Proposed by Mr. Colin Campbell, and seconded by Mr.
Horace Wills, and carried unanimously :
" That the squatters of this Colony, while they admit that
the agricultural wants of the community should be amply provided
136
for, are also of opinion, that the maintenance of the pastoral inte-
rests is of still greater importance, as they supply a large export
of wool required at home for manufacturing purposes, and at the
same time provide a sufficient supply of animal food, which can-
not be imported, for the use of a rapidly increasing population,
and that a system of long leases for pastoral purposes, is calcu-
lated greatly to develop the resources of the Colony, by justifying
the expenditure of capital on valuable improvements."
5. Proposed by Mr. W. F. Splatt, M.L.C., and seconded by
Mr. Compton Ferrers, J. P., and carried unanimously :
" That while the pastoral tenants of the Crown are denounced
as conspirators against the peace and prosperity of the Colony,
by men who advocate the subdivision of the public lands among
the people at large, and the confiscation of existing interests, they
have ever occupied the position assigned to them by the Crown,
and discharged its obligations with loyal submission, as colonists
and British subjects, and that they now believe that those who
combine the possession of property and intelligence, both in town
and country, are favourable to the maintenance of that pastoral
system which has proved so beneficial to all classes of the Colony."
6. Proposed by Mr. W. F. Splatt, M.L.C., and seconded by
Mr. Adolphus Goldsmith, M.L.C., and carried unanimously :
" That the following gentlemen, J. C. Riddell, Esq., M.L.C.,
W. Campbell, Esq., M.L.C., John Goodman, Esq., M.L.C., William
Forlonge, Esq., and Colin Campbell, Esq., be appointed a com-
mittee to transmit a copy of the foregoing resolutions to his Excel-
lency the Lieutenant-Governor, in time to go home by the Chusan
steamer."
A vote of thanks to the chairman being passed, the meeting
separated. (Signed) J. CARRE RIDDELL,
Chairman.
No. 52.
Copy of a Despatch from Lieutenant-Governor La Trobe to Sir John
S. Parkington, Bart.
(No. 132.) Melbourne, September 25th 1852. (Received December 28, 1852.)
Sir, 1. Referring to my Despatch, No. Ill, of the 3rd Dec.
1852, with its important inclosures, 1 have now the honour to
transmit a petition addressed to Her Majesty by certain licensed
137
occupiers of waste lanJs of the Crown, in the Colony of Victoria,
on behalf of themselves and other licensed occupants, which I
would request you to take a suitable opportunity of laying before
Her Majesty.
2. This document has come into my hands at so late an hour
before the sailing of the Australian, that it is quite impossible for
me to accompany it with any detailed remarks, and yet to with-
hold its transmission might occasion great disappointment to the
important section of the colonists whose views and interests it is
intended to advocate. However I may be held, in one or other
section of the Despatch cited above, to have anticipated the more
important statements and comments which it might otherwise have
been my duty to have accompanied it.
3. My wish is, that the whole of this important question, which
the case brought under your notice involves, should be weighed in
all its bearings, and I can take no grave exception to the view
taken by the gentlemen who have signed the petition of what they
conceive to be their claims as a body, and of the rights which they
have acquired under the Orders in Council. It may be held to be
a natural if not a sound one in all respects. I have, &c.
(Signed) C. J. LA TROBE.
The Eight Hon. Sir John S. Parkington, Bart. &c. &c. &c.
P.S. I likewise transmit a letter which accompanied the petition.
(Signed) C. J. L.
Melbourne, 25th September, 1852.
Sir, Referring to the letter which I had the honour to address
to your Excellency, inclosing certain resolutions (adopted at a
meeting of Crown tenants, of which 1 was chairman, in reference
to their rights under the Orders in Council), to be forwarded to
Her Majesty's Secretary of State for the Colonies, I have now
the honour to forward the memorial based on these resolutions.
I beg to state, for your Excellency's information, as well as that
of the Right Honourable the Secretary of State for the Colonies,
that the memorial contains a simple statement of facts of memorial-
ists' case, and would have been signed by almost every tenant of
the Crown, had time permitted of its being sent into the interior.
As it is, the memorial is agreed to by all that are resident within,
reach of Melbourne
138
Understanding that your Excellency is forwarding by the steamer
Australia, Despatches in reference to these Orders in Council,
the memorialists feel it their duty to forward their memorial with
such signatures as they have been enabled to get to it.
To your Excelleney it may be unnecessary to mention, that
were the memorialists to delay forwarding the memorial until
time admitted of its being sent into the interior for signature,
many months would be consumed, from the impassable state of
the country at this period of the year. Under these circumstances,
the memorialists consider they will be best consulting the interests
of the Colony and the Government, by forwarding the memorial
at once, with such signatures as have been obtained to it ; and
they trust that your Excellency will, in forwarding the memorial,
be pleased to bring under the notice of the Secretary of State for
the Colonies, the feelings that have induced them to adopt such a
course. I have, &c. (Signed) J. CARRE RIDDELL.
His Excellency C. J. La Trobe.
No. 53.
To the Queen's most Excellent Majesty.
The humble Petition of the undersigned licensed occupiers of waste
lands of the Crown, in the Colony of Victoria, on behalf of
themselves, and the other licensed occupiers,
Sheweth, That the great bulk of the waste lands of the Crown
in this Colony, was first discovered and occupied by the present
licensed occupants, or by their predecessors, whose interests in
such waste lands, as conferred by the Crown, they purchased, and
whom they now represent.
That the flocks and herds, introduced by your Majesty's peti-
tioners and their predecessors, have given a value to the land
which could have been imparted to it in no other way, and have
been the means of creating an export of wool and tallow, which
has been hitherto the chief cause of the prosperity of this Colony,
and proved of vast importance to the Mother Country ; the trade
of the merchant, the shopkeeper, the artisan, and agriculturist,
each receiving a stimulus from the large amount of money and
merchandise, introduced in exchange for this export, and dissemi
nated in the shape of high wages and other expenditure through
the entire community.
139
That the value of this export of wool and tallow amounted in
1850 to upwards of one million pounds sterling.
That in the discovery and settlement of this country Your
Majesty's petitioners, and those whom they represent, expended
much capital, experienced great personal hardships, and made
great social sacrifices; were continually exposed to great risk of
life and property, passing a life of great hardship and privation ;
and for many years, owing to the high price of labour, to the losses
consequent on a new settlement, and other causes, the profits of
your petitioners were so small and precarious, that many of the
first settlers became insolvent.
That in consideration of the causes shortly stated above, and
for divers other good reasons, an Act was passed by the Imperial
Parliament, in the year one thousand eight hundred and forty- six,
empowering Your Majesty to grant leases of eight and fourteen
years to your petitioners, and to make regulations, by Order in
Council, as to the terms on which such leases should be granted,
and for other matters connected therewith, as more fully alluded
to in the explanatory Despatches of Your Majesty's Secretary of
State to the Governor of New South Wales, accompanying the
Order in Council.
That in pursuance of the authority thus vested in Your Majesty ,
Your Majesty did, on the eighth day of March, one thousand
eight hundred and forty-seven, by Order in Council, divide the
lands of this Colony into three classes, called respectively the set-
tled, intermediate, and unsettled districts.
That by these Orders Your Majesty declared that the occu-
pants of land in the unsettled districts should ~be entitled to
demand leases of their respective runs, and the Governor was
empowered to grant such leases for fourteen years, subject to
certain reservations for public purposes therein specified.
That within lands coming under the description of intermediate
lands, Your Majesty further declared that leases should be ac-
quired on similar conditions, but that they should only last for
eight years ; and that, at the expiration of each year of the lease,
the Governor, on giving to the lessee sixty days' notice, might
offer the whole or any part of such lands for sale by auction,
subject to the right of the lessee to purchase any portion of them
at their fair value, ascertained by arbitration, in the mode pointed
out by such Orders.
140
That in the settled district, leases for exclusively pastoral pur-
poses should be granted for one year, but revocable should the
land be required for sale.
That the settled district comprises all lands within twenty-five
miles of Melbourne, fifteen of Geelong, ten of Portland, Alberton,
and Belfast, and within two miles of the sea coast of the whole
Colony. This is computed to contain about an area of three mil-
lions of acres.
That the intermediate district comprises the sixteen counties of
Victoria, and the whole of Gipp's Land not contained in the
settled district, and is computed to contain about twenty millions
of acres.
That the purchased land amounts to about four hundred thou-
sand acres, not one-tenth part of which has ever as yet been
brought under the plough ; while the cultivation of the arable
lands, which were under tillage previous to the discovery of the
gold, has been since then in a great measure abandoned for the
more lucrative pursuit of gold digging, and that there are
upwards of two millions and a half of acres which may be put up
for sale, by public competition, as soon as the surveys of them
are complete, and twenty millions which may be put up for sale
at the expiration of each year of lease, subject to the proviso per-
mitting the lessee to purchase such portion as he may require at
its fair value. So that, with a population of one hundred and
twenty thousand, or even if it amounted to many millions, there
is no just pretence for saying that there is not sufficient land at
present attainable for all agricultural purposes required by the
Colony, or that the lands of the Colony would be confiscated, or
occupied prejudicially to the general interests of the Colony, if
leases for the limited terms contemplated by the Orders in Coun-
cil were issued to the licensed occupants, the public interest being
protected by the proviso above cited.
That your petitioners have made their claims for leases within
the time prescribed by the Orders in Council ; but that, owing to
some cause with which your petitioners are not acquainted, the
Lieutenant-Governor of this Colony has not issued any leases
to your petitioners, nor has he declared when they are to issue,
nor the time from which they are to date, although frequently
requested so to do, and although the Governor- General in the
neighbouring Colony of New South Wales has declared that, in
141
that Colony, leases under these Orders are to issue and bear date
the 1st of January, 1852.
That on the faith of these Orders in Council, many persons
have invested their entire capital in the purchase of runs, and
that claims to leases, with the privilege of purchasing at a valua-
tion, were made transferable, through the sanction of Government,
by the proclamation of the 30th of June, 1848, the language of
which is so clear and expressed as to the right to sell leases which
many of Your Majesty's petitioners have bought, that they cannot
but consider that it will be impossible to deprive Your Majesty's
petitioners of the rights acquired by them under so express a
sanction, without disregarding entirely those principles which are
essential to the protection of property and of public faith.
That very large sums of money have, upon the faith of the
above proclamation, been paid by persons settling in this Colony
in the purchase of leases, by such proclamation authorised to be
sold, believing that the capital brought over by them for the pur-
pose of investment and enterprise could not be more securely laid
out, or more beneficially employed, than in the acquiring of an
interest guaranteed by the Crown, in connection with an occupa-
tion to which the Colony owed its progress, and by which the
Mother Country had been and still is immensely benefited.
That, about ten months ago, gold in large quantities began to
be discovered in this Colony, and that every succeeding month
has shown the exclusive richness of the deposits of this metal.
That, in consequence of this discovery, there has been a large
influx of gold seekers from the neighbouring colonies, the popula-
tion of Victoria having increased, in a few months, from seventy-
seven thousand souls to about one hundred and twenty thousand.
That the wealth derived from the gold fields has more than
kept pace with the increase of population, upwards of four mil-
lions of pounds sterling in value having been raised in the short
time mentioned ; and that, from these causes, all property in the
Colony, with the exception of sheep, has risen in value ; but that,
as yet, owing to the difficulties of procuring labour, the effects of
the gold discovery have been most disastrous to the sheep farmer,
the increased demand for the carcase being not more than equi-
valent for the stoppage of the export of tallow consequent on the
want of hands at the melting establishments ; while the expense
142
of rearing stock is greatly increased by the want of labour
before alluded to.
That the withholding of leases, on the part of the Government,
has discouraged your petitioners from taking those steps for dis-
pensing with labour which they might otherwise have taken, by
fencing in the same, and procuring permanent water by artificial
means. The present great want of manual labour in the Colony,
joined with the before-mentioned withholding of the leases, is
certain materially to impair, both in quality and quantity, that
export of wool which has conduced so much to the past prosperity
of this Colony, and has at the same time promoted the manufac-
turing interests of the Mother Country.
That a party in this Colony look with jealousy at the increased
value which the holdings of your petitioners, in common with all
other property, are likely to derive from the discovery of gold,
and, as your petitioners are informed, have petitioned your Ma-
jesty to revoke the Orders in Council, and to break your Majesty's
promise, and the good faith of Parliament, pledged to your peti-
tioners.
That your petitioners feel that it might be considered an insult
to your Majesty to conclude with a prayer that your Majesty
would preserve inviolate a pledge solemnly given ; it is, therefore,
from no distrust in your Majesty's good faith that they now ap-
proach your Majesty on this subject, which they would not have
done, did they not fear that their silence might be construed into
an approval of the proceedings of these persons before mentioned,
and an indifference to their own rights.
Your petitioners, therefore, pray that your Majesty will give
directions to the Lieutenant-Governor of Victoria to carry out the
Orders in Council, in the spirit in which they were made, by
issuing leases to your petitioners, dated, as proposed by the
Governor-General in New South Wales, from the first day of
January, one thousand eight hundred and fifty-two, and securing
to them the rights guaranteed by those Orders.
And your petitioners will ever pray, &c.
(Signed) W. F. SPLATT, M.L.C.
And 66 other Signatures.
143
No. 54.
Downing Street, 29th November, 1853.
Sir, 1. 1 have to acknowledge your Despatches of the numbers
and dates specified in the margin, on the subject of the questions
which have been raised relative to the extent of the Rights of
Licensed Occupants of Crown Lands in Victoria, under the Order
in Council of 9th March, 1847, and subsequent Orders and Regu-
lations.
2. In the first of these Despatches you inform me (paragraph
61), that you have brought the whole of this very complicated
subject under the attention of the Home Government, in compli-
ance with the wishes of the Legislative Council, as expressed in
their Address, voted on the 17th August, 1852, in the manner
explained in your Despatch.
3. In giving you the Directions which the present Despatch
contains, I am actuated by the desire to satisfy, as far as in my
power, what appears to be the deliberate wish of the Legislative
body, as well as your own. It would, undoubtedly, have been a
far easier course for Her Majesty's Government to decline this
responsibility, and to leave the entire charge of future regulations,
and the decision of questions of vested rights, now actually in dis-
pute, to the Local Legislature, and to the local tribunals respec-
tively ; especially as, under the engagement of Her Majesty's
late and present advisers to the Colonists, there is every reason
to expect that the general control of the Waste Lands will soon
be transferred from the Home to the Local Government. But I
am compelled to recognise the strong grounds on which your ap-
plication and that of the Legislative Council rests, and the justice
of the appeal, on the part of the occupants themselves, to the
Home Government, for its assistance in defining and securing
those rights which they have acquired under its own acts.
4. Still the difficulty of decision on such a subject, with the
materials in possession of Her Majesty's Government, is very
great. Even the substantial facts on which the decision is to rest
are by no means fully before me. I say this with no view of imputing
blame to yourself or the local authorities, who have supplied me,
no doubt to the full, with such information as they deemed requi-
site ; but I am left ignorant of many things which aro probably
144
so familiar in the Colony that they have not been thought to re-
quire specific notice. For instance, while I should rather have
inferred from your despatch that the majority of stockholders in
the Intermediate, as well as in the Unsettled districts, were still
without leases, I consider it doubtful, from other statements in
these papers, whether some leases for eight years may not have
been actually given in the former districts. Again : I am alto-
gether without information how the very important clauses in the
Order in Council, which give the occupants in certain cases the
right of exclusive purchase, and the right of pre-emption, are
practically worked in the Colony: whether, for instance, the
lessee has been held entitled, on any occasion, to demand the sale
of land on valuation, or it has been always considered com-
petent to the Governor to decline to accede to such demand. Yet
these are important points, with a view to understanding the
equitable relation which now subsists between the Government
and the occupants, and without a fuller knowledge of these and
other particulars than I possess, I feel that any adjustment pro-
posed by Her Majesty's Government runs the risk of being
founded on mistaken data.
5. I have done my best to remedy this deficiency by conversa
tion with such persons, well acquainted with the Colony, as I could
from time to time consult; and I have postponed taking any
steps on your Despatches for a time, far longer than I should
have otherwise judged advisable, partly in the expectation that
further incidental intelligence from yourself might assist me, and
not without hope, also, that some progress might be made towards
adjustment, by further discussion and comparison of views in the
Colony itself. I feel, however, that it is due to the important
interest concerned that this delay should last no longer.
6. It is necessary that I should commence by stating, that Her
Majesty's Government are perfectly satisfied with the reasons
which you have adduced, why the portion of the Order in Coun-
cil, which declares that actual leases shall be granted on demand,
has hitherto remained a dead letter, and must probably long
remain so, unless some equitable adjustment intervenes. They
are satisfied that the circumstances of the Colony have rendered
the Surveys, which were considered essential preliminaries to the
execution of the leases, impracticable ; and that such extensive
Surveys will long be impracticable. This is an obstacle which no
145
one fully appreciated beforehand, and for which no one is justly-
responsible. But the occupants have, in addition, no ground, in
my judgment, to complain of this delay ; because, in fact, the
burden lay on them, and not on the Local Government, under
the terms of the Order in Council, and Regulations subsequently
issued : as I understand them, to furnish such descriptions of their
runs as might render it possible to grant a lease, and the assist-
ance of surveys was a benefit offered them by the Local Govern-
ment, and no part of their rights : and still more, because, in the
absence of the leases, they seem to have enjoyed up to this time
the full practical benefit of leases (except so far as regarded a
sense of security for the future), and the various privileges which
the Order in Council conferred nominally on leases only.
7. It must be farther stated, that it is perfectly clear that the
real purpose of the Order in Council, was that fairly represented in
paragraph 63 of your Despatch : namely to give encouragement
to those engaged in pastoral pursuits, the value of which to the
Colony is fully explained in your Despatches, and fully recognised
by Her Majesty's Government. It was intended to give them
adequate use of the land for the purpose of their particular
industry, and adequate protection against disturbance in it. It
was not intended to give them advantages beyond other members
of the community, towards becoming purchasers of Crown land,
except to the very limited extent required for their actual accom-
modation : still less was it intended to enable them to become
speculators in land, purchasing on terms peculiar to themselves,
in order to sell again in the general market. And least of all
was it intended that their pastoral occupation should stand in the
way of the development of general population and industry, and
of those facilities for the acquisition of land by the public at
large which are essential to that development.
8. If the language of the Order in Council goes beyond these
intentions, and if that language, coupled with the acts done under
it, has conferred vested rights to an extent beyond what was at
all foreseen, and now felt as a practical inconvenience, a very
serious question undoubtedly arises between private claims and
the general interest. I will not say that, in an extreme case,
the latter must not prevail, and that vested rights must not
give way, subject to such compensation as it may be practicable
to give.
K
146
9. But I am not satisfied that it is necessary to resort to mea-
sures of this nature. It requires to be first considered whether
the existing powers of Government will not suffice at once to
maintain the intended principle, and to repress the abuse.
If the occupants insist on the extreme view of their rights, as
controlling the obvious meaning of the concessions made to them,
it becomes incumbent on Government to protect the public, by
insisting also on the rigorous interpretation of the Order in Coun-
cil, when its provisions may seem to clash with the public interests.
10. Now, the equitable rights of the occupants, on the strictest
view, are also I think fully stated in your Despatch. I need
only very briefly recapitulate those on which the questions now
submitted to me turn. They appear to be entitled to demand
leases, under the conditions respectively specified as to interme-
diate and unsettled lands, to be executed whenever it is possible
for Government to take the necessary measures, for terms not
exceeding eight and fourteen years respectively. They are
entitled to a right of pre-emption when lands are put up for sale,
at the end of each year of lease in the intermediate, of the last
year in the unsettled district. They are entitled to an exclusive
right of purchase in the unsettled districts, whenever Government
thinks fit to sell them land during the currency of the lease. And
they are entitled to renewal, under the conditions specified in
section 16 of the Order in Council.
11. The limits to those rights, on the other hand, appear to be
these, judging, as I am compelled to judge, only from the Order
in Council itself, and subsequent legal documents issued by the
Local Government; for it is impossible that I can fully appreciate
the modifications which usage or understanding, recognised both
by Government and the occupants, may have introduced in the
Colony.
12. In the first place, as the occupants have been treated in all
respects as lessees since the Order in Council was acted on in the
Colony, any lease granted must fairly be considered as dated
only from that period. This I understand to be the view of the
Legislative Council, in which I fully concur. The date on which
I understand them to have fixed, is the 7th April. 1848, to which
I see no objection.
13. In the next place, the Order in Council promises these
leases only for terms " not exceeding " eight and fourteen years
147
respectively. The squatters, indeed, appear to contend that these
words are to be taken contrary to their plain import, as convey-
ing a promise for the full extent of those terms, and I do not col-
lect from any of your Despatches the impression of your own
views on this very essential point. Mr. Forlonge. I observe^
contends that the claimants in the unsettled districts have a posi-
tive " guarantee " for fourteen years, absolute. I can only say,
that the most diligent examination of the papers has failed to
show me any such guarantee. It cannot be seriously contended,
for a moment, that a casual expression in the Despatch of Lord
Grey, transmitting the Order in Council (on which I see some
reliance is placed), taken also apart from its context, had
the effect of adding to or altering the definite words of
an Order in Council. And could this be maintained, it would
be easy to show, from Jiis Lordship's own subsequent Des-
patches, that he did. not himself so interpret the Order. In a
Despatch addressed to Sir Charles Fitz Roy, on the 6th August,
1849, he says : " But inasmuch as the Order of the 9th March
leaves the length of the term of years to be granted entirely at
your discretion, you will be able and justly entitled to refuse to
such persons any lease for more than a year, unless they are
willing to accede to the insertion of the conditions which you
may require."
14. It is hardly necessary to add, that as the occupants are now
in the enjoyment of tho full benefit of leases, without possessing
them, so they cannot justly claim that the term of lease to be ul-
timately allotted to each, whether fourteen years or less, must
run from the actual issue of such lease. The antedating of the
lease will be strictly equitable, inasmuch as they have hitherto
had the same equitable advantage as if it had so been issued.
15. In the next place, although the lessee in an unsettled dis-
trict has an exclusive right of purchase (subject to what I shall
have presently to say on the head of reserves), during the cur-
rency of his actual or assumed lease, I find no provision in Section
6 compelling the Governor to sell such lessee any land on his
demanding it.
16. Nor do I find any provision in Section 15, or elsewhere,
compelling the Governor to put up land for sale at the expiration
of each year in the Intermediate Districts : or of the lease in the
unsettled districts ; nor any provision continuing the right of pre-;
148
emption to the occupant at any future sale, when the Governor
shall not have sold immediately on the expiration of the lease, and
the lessee shall not have renewed, or shall have been prevented
from renewing, by an alteration in the class of his land. And it
must be added, that, considering the great difficulties which you
point out as attaching to the system of sale by valuation, it would
be obviously unreasonable to suppose that the Governor was com-
pellable to exercise these powers of sale, when the public interest
did not require it, merely in order to enable the lessee to exercise
his exclusive or pre-emptive rights those rights having really
been given him only with a view to prevent interruption by others,
not as a means of gain to himself.
17. In the next place, Section 9 of the Order in Council gives
the power of making grants, or sales within the runs, and with-
out any regard to exclusive or pre-enjptive rights in the lessee,
for many specified public purposes, including the purpose of dig-
ging for minerals, which may be of great importance in the present
situation of the Colony: and, lastly, "for otherwise facilitating
the Government and Settlement of the Colony." Without enter-
ing at length into the controversy to which these words have
given rise, it is enough for me to say that the very differences of
opinion which have existed among Lawyers, as to their exact con-
struction, entitle you, in my opinion, to put on them the more
liberal one, as regards the requirements of the public. If this
construction be legal, and I have no reason to doubt it, it is plainly
that which ought to be adopted, both for the public advantage,
and also with a view to the equitable redemption of the promises,
and no more than the promises, intended to be made to the occu-
pants themselves. It was intended to prevent land comprised, in
their runs from being sold by Government to parties purchasing
for mere speculative purposes, and at the same time to enable it
to be so sold (without regard to the lessees' right of exclusive pur,
chase) where the public necessities of the Colony were such as to
require it. When, therefore, you are of opinion that the progress
of population and settlement in a particular quarter, has rendered
it matter of public importance that enough land should be made
available for the Agricultural supply of the wants thus created,
you may, in my opinion, sell land to that extent, under the gene-
ral sale regulations of the Colony, though situated within a run.
18. And, lastly, I consider it plain that Her Majesty's Govern-
149
ment have the power to make rules respecting the division, from
time to time, of the land into Settled, Intermediate, and Unset-
tled Districts, by Order in Council. And considering the great
change in the circumstances of Victoria, it is obvious that the time
has arrived for a liberal exercise of that power. I am not indeed
certain (but prefer on such a point to be guided by local experience),
whether an entire abolition of the " Unsettled Class," and a very
wide extension of the " Settled," leaving only the more distant
portions as " Intermediate," would not be the best course. I shall
therefore so delegate the necessary powers to the Governor, as to
leave him absolutely free in this respect. The effect of such an
extension would of course not be to interfere with subsisting leases,
(whether actually granted or promised, and therefore assumed to
exist). But it would, as it appears to me, destroy all right of
renewal, except subject to the terms applicable to the class in
which any run might by the change become included.
19. These are the powers which appear to me to be vested in
Government, consistently with the equitable and literal engage-
ment to the occupants, as far as they are to be collected from the
Order in Council. But here the great difficulty to which I have
referred at the outset of this Despatch meets me at once. I cannot
collect, even from the mass of documents before me, how far the
interpretation which I have put on these powers may be modified
by the subsequent Acts, or declarations, or tacit assent of the
Local Government, so as to give place to an interpretation more fa-
vourable to the squatters. The mere assertion of the latter I can-
not of course take for granted. And I am fully aware, in cases
of contract between Government and individuals, or classes of
individuals, how easily a more favourable view of each provision
towards the private person, and less favourable to the Government,
becomes current in common expectation ; how watchful individuals
are in extending their rights, by implications and construction,
and how little interest, comparatively, those who represent the
Government have in resisting such extension. The only rule I
can furnish you with is this ; that where a construction more fa-
vourable than what I have laid down, rests only on some vague
and general understanding, current among the classes benefited,
it may be altogether disregarded, nor can any loss incurred by
individuals, through the non -recognition of such an understanding,
be considered as establishing a right to compensation. But where
150
such construction is so far supported by acts or declarations of the
local Government, as to appear sanctioned by a pledge of the
public faith, these individuals are entitled either to its mainte-
nance, or (if this be impracticable) to reasonable compensation.
I am aware that in laying on you the duty of distinguishing between
these supposed cases, I impose a task of difficulty and delicacy,
but it is unavoidable.
20. With regard to the duration of leases in particular, I have
been led, partly by your silence on the subject, and partly by
other circumstances, to infer that the claim of the squatters for
leases of maximum duration, though contrary to the plain words
of the Order in Council, may, nevertheless, have derived some
force from the acquiescence of the local Government. If this is
really the case, although I think it much to be regretted, my in-
structions must be regarded as open to some modification, in par-
tial recognition of a claim thus substantiated.
21. Subject to these cautions, I have to authorise you to employ
the various powers which, according to these views, belong to the
local Government, as far as you may consider advisable; and I
cannot but consider them as amply sufficient to insure to the com-
munity at large an adequate supply of available land, without
infringing on the real rights of the squatters.
22. But with regard to these latter, it is by no means the wish
of Her Majesty's Government that they should be placed in real
difficulties, or their well founded expectations expectations, that
is, limited within the purpose for which these advantages were
first given them disappointed. I recognise to the fullest extent
the great value of which their industry has hitherto proved to the
community, and believe that, whatever may be the development
of the Colony, under its present altered circumstances, pastoral
pursuits will still furnish the most profitable and useful occupation
to a considerable portion of its inhabitants. My only object is,
that the extensive privileges which have been accorded them, may
not be perverted by too literal claims to purposes for which they
were not intended, and may also be exercised with manifest un-
fairness to other classes. It is to prevent this abuse that I have
thought it necessary to point out, that if the rights of the Crown
are insisted on with equal strictness, the use of those privileges
will be very materially curtailed.
23. If, therefore, any occupiers of runs should apply for leases,
151
and should be content to receive leases exempt from those con-
ditions, which are at once injurious to the community, and useless
for merely pastoral purposes, you are fully authorised and desired
to grant them. Such leases should contain no power of exclusive
purchase during the term, or of pre-emption at the end of it, ex-
cept with such limitations as should clearly confine such power to
land really wanted by the lessee, for those purposes of homesteads
and bona fide improvements, which are specified in paragraph 65
of your Despatch, which appears to me to contain a reasonable
definition of pre-emptive right. They should also be subject to
the power of the Government to resume from time to time, and
offer for ordinary and open sale, after sufficient notice, land which
may be really wanted for that purpose, in the judgment of those
in whom the control of the public lands is vested.
24. To those who may prove willing to accept this offer, making
thereby a concession of extreme rights, I would authorise you, in
return, to make all reasonable concessions on the part of Govern-
ment. As to the duration of their leases, for instance, I would
leave you full discretion, to the extent of the maximum given by
the Orders in Council, but dating the lease from the 7th April,
1848, as recommended by the Legislative Council. As the diffi-
culties of accurate survey will no doubt continue for some time
longer, I would leave you at liberty either to issue leases, with
such general description of boundaries as the lessee may be con-
tent with, and (with the consent of the Legislative Council, if
necessary) so to confirm these boundaries as to secure the lessee
from any encroachment on the part of Government, leaving, of
course, the right of third parties inter se : or, if the lessee pre-
ferred it, he might be allowed still to remain on the footing of an
occupier, possessing an equitable title to a lease, until this could
be executed with the more absolute precision which a survey would
afford. I will not go farther into particulars, which must be far
better understood on the spot, but only repeat my general in-
struction, that additional security and advantage to those who are
willing to take these leases for bona fide pastoral purposes, and
free from the objectionable conditions, will be a very fair purchase
for the surrender of a portion of their present claims.
25. With regard to the substitution which you propose of an
assessment on stock for present rent, I entertain some doubts
whether much advantage will in reality be gained by such a mea-
152
sure ; but it is one on which I am quite ready to adopt the views
to which your own local experience has led you.
26. Lastly : if there be any parties who would prefer to sur-
render the extreme rights of which I speak, for other compensation,
or to whom injury may really be done by the disappointment of
just expectations, which enforcing the powers of Government may
occasion, it appears to me that both the land of the Colony (should
the provisions of the present Waste Lands' Act be modified), and
its public funds, might be very fairly resorted to for the purpose
of affording such compensation; and Her Majesty's Government
would readily afford any assistance in their power towards it, on
being moved to do so by address from the Legislative Council.
27. As to the manner in which the necessary measures are to
be carried into effect, I have been reluctant to advise the exercise
of the Queen's power of legislation, by amending the present
Order in Council, because it appears to me desirable to try the
effect of further arrangement and mutual understanding, before
resorting to any measure which might be construed as a legislative
invasion of vested rights. I have also considered that, under the
engagements now subsisting between Her Majesty's Government
and the people of Victoria, all the provisions of the Waste Lands*
Act will (as before said) probably soon come under the revision
of Parliament, when this particular portion of the subject can be
more satisfactorily treated in connection with the rest. I prefer,
therefore, waiting for a farther report from yourself, and using
such power as may remain to the Crown, or be placed by Parlia-
ment at its disposal, to give validity to any measures which you
(with the advice of your executive Council) may have adopted
under those instructions.
28. I am ready, however, to cause to be prepared two short
Orders in Council, the one empowering the alteration of the
limits of the districts ; the other to enable you to substitute an
assessment of stock for rent; neither, however, to have any force
in the Colony until publication there, the time of which will be
left to your discretion. But, as these Orders must necessarily be
laid before Parliament, which is not yet in session, some time
must elapse before you can receive them, and it is possible that
some intervening information from yourself may render them un-
necessary.
29. I will not lengthen this Despatch farther than by expressing
153
my sincere hope that this very difficult and pressing question will
be fairly adjusted, whether through the use of such means as are
here placed in your power, or (which would be more satisfactory
to myself) by mutual concessions and reasonable arrangement in
the Colony. In this way only can the necessary progress of set-
tlement, and the just demand of the increasing population for
facilities in acquiring land, be reconciled with the preservation of
that important interest whose claims are now under review. I
have the honour to be, Sir, your most obedient humble servant,
NEWCASTLE.
No. 55.
Extract from an "Address to the Colonists of New South Wales, on the
proposed Land Orders," by Mr. R Lowe, in 1847.
These rules are in substance that the Governor shall divide the
lands of the Colony into three districts, to be called the "Settled,"
" Intermediate," and " Unsettled." the Settled lands are to be
sold by auction at 1 an acre, upset price ; and the unsold parts
are to be leased for not more than one year, by auction. In the
Unsettled lands, every holder of a licence is entitled to demand a
lease for fourteen years. His rent is to be 2 : 10s. for every
thousand sheep or 640 cattle which the run will carry. During
the fourteen years nobody else can buy the run, but the lessee
can buy any portion, not less then 160 acres, at 1 per acre,
without competition. At the end of the lease, the lessee is entitled
to a renewal for another fourteen years, unless at least one-fourth
of the run be sold at auction, when the upset price will consist of
1 an acre, and the value of the improvements. In the Inter-
mediate Districts, the lease is to be for eight years only, and the
land is liable to be sold at the end of every year.
#####**
" Once grant these leases, and beyond the settled districts there
will be no land to be sold, the lessees will have a right to hold
their lands until some one will give 1 an acre for them."
" These leases cannot be sold, mortgaged, or sublet. Be the
capabilities of these lands what they may, they are to be a sheep
walk for ever. The Home Government, which raised the price of
land to enforce concentration, is now, in the sequel of its policy,
compelling dispersion.
154
" The squatter may make sure of his run at the end his lease, by
buying up, in the exercise of his pre-emptive right, all the water
and all the water frontage, thus rendering valueless to any one
except himself.
" The price he is to pay for these privileges is, counting three
sheep to an acre, one-fifth of a penny per acre. Thus does a
Government, which is so niggard of its land that it will not part
with the fee-simple of the most barren rock for less than 1 per
acre, while that 1 an acre law remains in force, alienate millions
of acres, at one-tenth of the rent which it received on its free grants.
The system devised for the preservation of the waste lands will
end in their confiscation.
" Deal liberally with the squatters give them the most ample
compensation give them the land for nothing till it is wanted for
purchase comply with all their reasonable, nay more, with many
of their unreasonable demands, their present views have been
forced upon them by the folly of the Home Goverment, not ori-
ginated by themselves ; they are a great and growing interest,
producing the main export of the Colony : respectable for their
numbers, their intelligence, and their wealth. But we ought never
to forget, that if we give over to them their territory, we are
giving away what is not our own we are trustees for posterity."
No. 56.
Opinion of T. H. Fellows, Esq. Barrister 3d June, 1854.
" Holding as I do the opinion formed not by party influence
or feeling, but from a dispassionate consideration of the Order in
Council, of the 9th March, 1847 that there is an express con-
tract by the Crown, not only that the squatters shall have leases
of their runs, but shall also have the right of pre-emption of the
whole run upon the expiration of the leases, or at any time they
please during their continuance."
No. 57.
Opinion of Roundall Palmer, Esq. M.P.
" 1. I am of opinion that Mr. Forlonge has a clear and indisput-
able right to the leases ; but inasmuch as they are to be granted
155
by the authority of the Governor, who represents the Crown, and
no form of judicial proceeding against the Governor is provided by
the Act of Parliament, or by the Regulations, I do not think he
has a specific remedy to compel the execution of such leases. At
present, however, he has a complete equitable title, which the
courts of justice in the Colony would, I conceive, be bound and
authorised to recognise, and protest against any illegal encroach-
ment, whether by the Executive Government or by private
persons.
"2. I am clearly of opinion, that neither of the sections re-
ferred to gives the Governor power to withdraw any part of the
runs in question (assuming as I do that no forfeiture has taken
place) for the purposes of sale to private persons.
" 3. I think Mr. Forlonge will be entitled to the right of pre-
emption, under the 6th section.
"4. There is no course open to Mr. Furlonge, that I am
aware of, except to appeal to the courts of justice in case of any
illegal disturbance of his possessions.
ROUND ALL PALMER.
" Lincoln's Inn, 26th July, 1853."
No. 58.
CHAMBER OP COMMERCE ON IMMIGRATION.
A special general meeting of the members of this body was held
on Tuesday, to receive the report of the sub-committee appointed
to consider the scheme proposed by the Chamber of Commerce
in Sydney, for the application of the system of " direct remission
for the purposes of immigration."
Mr. Hammill presided on the occasion.
Mr. Cruikshank, the chairman of the sub-committee, brought
up the report. He stated that he should wish to premise the
reading of the report by a few observations. The sub-committee,
before entering on the subject of the Sydney scheme, had felt it
their duty to enter previously into an inquiry on the tenure of
the public lands here, and he had to observe, that the result of
that inquiry was to stagger him, and he believed the rest of the
committee, not merely as commercial men, but as individual colo-
nists, either possessing or hoping to possess the fee-simple of the
156
land. The result of their inquiry was that for the tenure of all
the lands in the Colony they were dependent on the forbearance
of the squatters. That the squatters might at any moment throw
the whole of the public lands into Chancery. Any discontented
or ill advised squatter, might at any moment apply to the Judges
of the Supreme Court for an injunction to restrain the Government
from alienating any of the Crown lands. What, he would ask, would
be the consequence of such a step, if taken ? The Judge would
not dare to refuse such an application, and what would be the
result? Simply, anarchy and confusion. If then the Direct
Remission scheme were ever so good, would they, under such
circumstances, be justified in recommending its adoption in reference
to this Colony ? The tenure of their land must be placed on a
firm basis, before they could venture to invite immigrants to these
shores. He then proceeded to read a Report, of which the following
are extracts :
Your committee, on perusing the Despatch of the Duke of
Newcastle on the subject of the Crown lands, regret that such an
unstatesmanlike document should ever have issued from the Colo-
nial Office, and have little hesitation in coming to the conclusion,
that while that despatch conveyed an implied censure on the late
Lieutenant-Governor, for his procrastination in not dealing with
the subject at an earlier period, the Colonial Minister availed
himself of the opportunity thus afforded him, to shrink from the
responsibility of deciding on the true construction of the Orders
in Council specially referred to him, and thereby, in the opinion
of your committee, lessened his dignity as a Minister of the Crown,
the special pleading in his despatch confirming your committee in
this opinion.
Your committee, in strongly urging the necessity for such a
compromise as would leave the Crown lands of the Colony, from
one extremity to the other, at once and for ever free, unfettered,
and available for sale by auction when required, are of opinion
that this would be best attained by compensating, to a moderate
extent, the squatters the present occupiers who claim certain
privileges under the Order in Council affecting these lands. And
your committee are warranted in concluding that these occupiers
consist principally of two classes, the one the original pioneers
and settlers on Crown lands, the other those who have purchased
stock on such lands on the faith of the Orders in Council being
157
carried out, and that they alike are entitled to compensation the
former from having had no opportunity of acquiring the fee-simple
of such lands before they reached their present value, the latter
from relinquishing certain privileges, purchased in good faith, now
required for facilitating the " improvement and settlement of the
Colony."
Tour committee, assuming that all the squatters have exercised
their pre-emptive right to purchase their homsteads, are of
opinion that, in consideration of the relinquishment of the privi-
leges conveyed under the 9th and 10th Victoria, cap. 104, and
the Orders in Council based thereon, the squatters would be
amply indemnified for any depreciation in the value of their stock
agisted on Crown lands, by compensation at the rate of five shil-
lings each for sheep, and thirty shillings per head for cattle ; and
to arrive at the sum this compensation would amount to, your
committee avail themselves of the information contained in the
Government Gazette" of the 14th February, 1854, setting forth
the estimated grazing capabilities of the Crown lands of the
Colony, and this may be taken as a fair basis, being undisputed,
on which to calculate the amount of compensation. The quantity
of stock that can be agisted in each Commissioner's district we
we find to be for that of
Sheep. Cattle.
Portland Bay, - - 3,881,000 nil
Western Port, - - 1,738,000 58,680
Wimmera, - - - 1,677,000 19,360
Murray, - - - 1,311,000 600
GippsLand, - 220,500 27,920
Grant, County, - - 51,000 3,400
Bourke,do. - - 8,000 1,280
Total, - - - 8,916,500 111,330
which would require compensation, at the rate proposed, to the
sum of 2,305,175 sterling.
Your committee are well aware, that if this amount had to be
paid in money, it would prove an almost insurmountable obstacle
to the settlement of the question ; but, issued in the shape of
remission orders, not bearing interest, available only for the pur-
chase of Crown lands at auction, such a mode of liquidation would
neither place the Government in any difficulty, nor saddle it with
158
any liability ; and, these orders being productive to the holders,
only after investment, would have such a favourable effect,
although doubtless temporary, on the value of land offered for
sale, from the avidity to invest, that the sale of a quantity, not
exceeding 300,000 to 500,000 acres, might cover the money
value of the compensation proposed ; thus leaving nearly the
whole of this vast territory free, unfettered, and available, both
for the introduction of population and as a source of revenue.
Your committee deem it almost unnecessary, as being matter
of detail, to enter upon the question of the re-adjustment of the
rental, consequent upon such compensation being granted, but
conceding to the present occupiers a right of tenure, terminable
on one month's notice after the alienation of the fee-simple, it
appears to your committee that an equitable revenue in the shape
of annual rent might be derived from the Crown lands, until such
alienation, equal to a fair interest on the money value of the
compensation proposed to be granted to the squatters. And your
committee assume eight per cent, per annum as a fair rate of in-
terest, which would give the sum of 2,395,175 on an annual revenue
of 191,614 sterling, subject only to a rateable deduction for the
lands annually sold, in lieu of 25,000 estimated as the present
rental. Furthermore, your committee, in suggesting a tenure not
obstructive to the progress of the Colony, beg distinctly to state,
that they cannot reconcile fixity of tenure with the squatting
system, which must evidently now give place to a more legitimate
alienation of the Crown lands.
Your committee, in concluding this portion of their report,
would submit that the foregoing suggestions recommend them-
selves for approval on the following grounds. First, from the
simplicity and economy with which they can be carried out. Se-
condly, whilst evincing sound financial policy, they prove a boon
to the community at large, a loss to no one, and reconcile con-
flicting interests ; and, thirdly, that on their adoption hinges the
practical carrying out of the true object of the Direct Remission
Scheme, as applicable to the Colony of Victoria, namely, the
introduction of population, not in manual labourers only.
Your committee, after mature consideration, concur with the
report of the sub-committee of the Sydney Chamber of Commerce
in recommending the scheme of a Money Value Remission,
available for the puchase of Crown lands at auction, in place of a
159
territorial apportionment, as the most equitable and satisfactory-
mode of attracting immigrants to these colonies. But your com-
mittee are not blind to the fact, that in New South Wales the
system under consideration is practically inapplicable, as the Orders
in Council relative to Crown lands are being carried out, which
would deprive immigrants of the power to avail themselves of the
advantages held out by this scheme, and would tend to throw the
fee-simple of the bulk of the lands in that colony into the hands
of the squatters, inasmuch as the proposal that the remission orders
should bear a money value would render them available to the New
South Wales squatters, as paymentfor the lands held by them under
lease, when disposed to'exercise their pre-emptive right to purchase,
thus rendering the introduction of population comparatively use-
less, except as labourers only, and thereby enabling these squatters
to accumulate larger profits, by diverting a national fund from its
legitimate object, to the advantage almost solely of their own
class. Under these circumstances, they would become importers
of labour for their exclusive profit, and to this extent only would
the Direct Remission Scheme prove advantageous to the Colony
of New South Wales, the only attraction to emigrants being the
prospect of receiving higher wages in that colony as labourers than
in the mother country ; whilst in the Colony of Victoria, with the
land unlocked, and no class enjoying protective privileges, not only
would the labouring class be attracted, but it would hold out equal
inducement to every other class in the mother country to emigrate.
With these remarks your committee closo their notice of the
applicability of the scheme of direct remission for the purposes of
emigration to New South Wales, merely observing that a departure
from true principles, in the alienation of Crown lands available for
the purposes of immigration, perverts to the sole profit of a particular
class a scheme which would otherwise prove of inestimable value
in raising that colony, this, or any other similarly circumstanced,
to a prominent position amongst nations. Tour committee are,
therefore, of opinion that they have established the soundness of
the position they have taken in asserting that the true object of
the Direct Remission Scheme, namely, the introduction of popu-
lation, can only be practically carried out in a colony where Crown
lands are free, unfettered, and available for sale by auction only,
at any time, in any locality, and in any quantity, and that they
have proved the absolute necessity for acquiring, by such a com-
160
promise as previously suggested, the cession of any vested rights
which the squatters in this colony may possess in the Crown lands,
obstructive to the improvement and settlement of the colony.
Your committee would recommend, that to encourage the ship-
owner to become the banker for the object contemplated, the
amount of remission should be liberal ; and are of opinion that
20, the rate named in the report of the sub-committee of the
Sydney Chamber of Commerce, is too low. Your committee
would suggest that the amount be 25, more particularly as the
profit to the shipowner, as such banker, would be self-adjusting ;
for in proportion to the demand for land would be the demand for
such remission orders, thereby regulating the influx of population,
as it is evident that any supply, exceeding the absorbing powers of
the Colony, would depreciate the value of such order to the ship-
owner ; but as the demand for remission orders revived, so would
their value in the money market, thereby inducing the shipowner,
as banker, to resume the speculation of advacing capital for the
introduction of labour, with which therefore the Colonial market
would never be glutted, but a regular supply be thus kept up. And
with reference to interest on these remission orders, your com-
mittee consider that five per cent, per annum, would be a rate
sufficiently high to protect the holder against any serious depre-
ciation in their value in a tight state of the money market.
Your committee, in concluding their report, beg to express
their appreciation of the ability displayed by the sub-committee
of the Sydney Chamber of Commerce, in their consideration of
the subject of Direct Remission for the purposes of immigration,
and concede to them the merit of taking steps to initiate the
practical working of the scheme.
By order of the sub-committee,
A. R. CRUIKSHANK, Chairman.
Chamber of Commerce, Melbourne, 31st July, 1854.
He concluded by moving the following resolution, which was
seconded by Mr. T. Dickson :
That the Report be received and printed for distribution, and
that its merits be discussed at an adjourned meeting, to be held
this day week, at the same time and place, on the motion to be then
submitted, namely, that this Report be adopted, and that the
161
Legislative Committee be instructed to take the necessary steps to
brinp- the scheme and its details under the notice of the Government,
with the view to early legislation thereon.
The Chairman then observed that the report was of such an im-
portant character, in connection with the remarks of the Chairman
of the Sub-Committee, that he thought it would not be well to
enter into any discussion of it, until it had received the mature
deliberation of all the members of the Chamber a deliberation
which he trusted they would, one and all, not fail to give it, before
the meeting of this day week. He then signified that the business
of the meeting was closed, and it accordingly separated.
N.B. On the 10th August, Mr. T. Dickson moved, pursuant to
notice, " that the report be adopted, and that the Legislative
Committee be instructed to take the necessary steps to bring the
scheme and its details before the notice of the Government, with
the view to early legislation thereon, without pledging the
Chamber to any amount of compensation " which motion was
carried by a majority of 12 over 2.
No. 59.
Extract from the Draft of the proposed new Constitution of Victoria-
last clause.
" Provided that nothing herein contained shall prevent, or be
construed to prevent, the fulfilment of any contract, promise, or
engagement made by or on behalf of Her Majesty, with respect
to any lands situate within the said Colony, in any cases where
such contract, promise, or engagement shall have been lawfully
made before the time at which this Act shall take effect within
the said Colony."
No. 60.
28th August, 1851.
To Captain Lonsdale, The Honourable the Colonial Secretary.
SiR,_Whereas His Excellency Charles Joseph La Trobe,
Esquire, Lieutenant-Governor of the Colony of Victoria and its
dependencies, &c. has notified by proclamation that the follow-
162
ing portions of land, situated upon my licensed run of " Trio,"
near Kyneton, in the county of Dalhousie, will be offered for sale
at Melbourne, on the 17th proximo : viz. portions 21, 22, 23,
and 41, containing about 345 acres ; and, whereas, by an Act
passed in August, 1846, " it was enacted that it should be lawful
for Her Majesty, by an Order in Council, to make and establish
all such Rules and Regulations as to Her Majesty should seem fit
for the purposes;" "respecting the more effectually making
demises or licences, for any term of years not exceeding fourteen,
and respecting any right of pre-emption which it might be proper
to give to the holders of any demise or licence within the Colony
of New South Wales." And whereas it was "ordered by the
Queen's most Excellent Majesty, by and with the advice of the
Privy Council, that, within the said Colony of New South Wales,
the Rules and Regulations comprised in the following Chapters
shall henceforth be observed, and have the force and effect of the
law ;" and whereas, by the 9th Section, 2d Chapter, His Excel-
lency " is empowered to make grants or sales for public purposes,
or disposing of in such other manner as for the public interest
may seem best : " and whereas such section enumerates a detailed
description of such public purposes, I have to submit to His
Excellency, that the fact of enumerating such purposes in detail
shows clearly, were there nothing else in the Rules and Regulations
to provide against it, that it was never contemplated that such
land should be offered for sale to private individuals for speculative
purposes.
The 6th Section of the same Chapter provides, that " during
the continuance of any lease of lands occupied as a run,
the same shall not be open to purchase by any other person or
persons, except the lessee thereof." And the 1st Section, 3d
Chapter, provides that, " within lands coming under the description
of Intermediate lands, the interest in runs shall be acquired, held,
and determined upon the same terms and conditions as when laid
down for Unsettled lands, excepting that the leases shall not be
made for more than eight years in duration, and at the end of
each successive year from the date of the lease it shall be com-
petent for the Governor," " provided he shall have given 60 days,
previous notice, to offer for sale all or any part of the lands within
any such run, subject to the same conditions in favour of the lessee
as above laid down in the case of a sale at the expiration of the
163
full term of a lease of unsettled lauds ;" and whereas such section
includes all the Rules and Regulation applicable to Intermediate
lands, and as no lease has been granted, no power to sell is yet
vested in the Governor, nor can be, until a year after a lease is
granted.
The Sixth of the above recited Act, to amend an Act, &c. enacts,
" That it shall be lawful for Her Majesty, by an Order or Orders
in Council, to make and establish all such Rules and Regulations,
provided always that nothing herein contained shall be construed
to authorise the sale of any waste lands in the said Colonies, other-
wise than in conformity with the provision of the said Act ; except
to persons who shall be in actual occupation thereof under such
demise or licence." From which provision it is evident, that any
lands beyond the bounds of location cannot be sold except to the
persons in actual occupation, and to them only at a fair value,
which value can be fixed by His Excellency, by the power he has
of appointing an umpire, and which power counteracts any undue
advantage there may be in the right of pre-emption : that I have
to submit to His Excellency's consideration, that a wrong con-
struction has been put upon the Rules and Regulations for the
sale of land in the Intermediate district, which are applied contrary
to the provisions in the Act of Parliament as above recited : that
taking the whole Act, and the whole of the Rules and Regulations,
as well as the Colonial proclamations sanctioning the transfer of
runs, there is nothing to warrant or authorise the sale of any land
beyond the bounds of location, except to persons in actual occupa-
tion : that as I have given a large consideration for the transfer
of the " Trio " run, under a belief that Imperial Acts and Orders
in Council would be held sacred, I feel it my duty to protest against
the sale of the aforesaid portions of land : that I must respectfuly
beg to draw His Excellency's attention to the above mentioned
Act, and to express a hope that His Excellency will be pleased to
cause the said portion of land to be withdrawn from the forth-
coming sale.
I may add, for His Excellency's information, that a considerable
portion of the lands already sold in the neighbourhood of Kyneton
has been bought on speculation : several lots have changed hands,
and more is offered for sale, and scarcely any is yet brought under
cultivation. I have the honour to be, &c.
W. CAMPBELL.
164
No. 61.
Return of the Dates of the Discovery of the Gold Fields of
Victoria, laid upon the Council Table by the Colonial
Secretary, by command of His Excellency the Lieutenant-
Governor, and ordered by the Council to be printed, 18th
December, 1851.
Locality.
Date of Discovery.
Distance from
Melbourne.
Date when first
occupied under
the sanction of
Government.
Clunes, . . . .
Buninyong, . . .
Ballarat, . . . .
Mount Alexander,
Anderson's Creek, .
Broken Eiver, . .
8 July, 1851.
9 Aug. 1851.
8 Sept. 1851.
10 Sept. 1851.
11 Aug. 1851.
29 Sept. 1851.
100 Miles.
75
75
80
16
94
20 Sept. 1851.
20 Sept. 1851.
20 Sept. 1851.
8 Oct. 1851.
1 Sept. 1851.
16 Oct. 1851.
165
PART IV.
No. 62.
LEGISLATIVE COUNCIL PAPER CLAIMS TO LEASES OF RUNS.
Return to Address, Z\st August, 1852. Mr. Campbell.
Laid upon the Council Table by the Colonial Secretary, by
command of His Excellency the Lieutenant-Governor, and ordered
by the Council to be printed, 18th January, 1853.
A Return of the number of Transfers of Runs beyond the Set-
tled Districts, acquired under the sanction of the Proclama-
tion of Sir Charles Fitzroy, dated 1st January, 1848.
Wimmera District, - 64 transfers.
Murray
Gipps Land
Western Port
Portland Bay
Bourke
Grant
112
46
119
168
1
4
Total, 514 transfers.
A Return of the number of Claims to Leases obtained by
Tender, from the 1st January, 1848, to the 1st July, 1852.
Wimmera District, 19 claims.
Murray " 11 "
Gipps Land " 16 "
Western Port " 8
Portland Bay " 7 "
Total, 61 claims.
Note. The estimated capabilities, and amount of premium paid in each
respective case, cannot be furnished by a Return framed according to the word-
ing of the motion.
166
No. 63.
^ 22
rj I I
{S s
-d-*OSC0 ICSCOSOS
rH
rH rH rH
us co
<M OS
US <# t- <M # OS t-
W (M 00 <M 00
jcqojeocjit.eoioc<o>H
co
OS t>^
CO
OS CO CM * CO "# CM
00
rH rH rH
TjTr-T
C^
us' b-T Cn" *" r-T
teianNs^OHMMis
CO
*irH~
CO
>0 OS
5
M lOO00OW110 1(5H
'"t- WOOONHNNHMOl
CO
<M
00
IM S C*l IM US rH rH
-H<
* IM
00
d'0St>OINHT(IC0OOH
CO
OS
rH CO
CO <M
CO
US US 00 OS CM US
O US CO t~ * 00
OS
NOOOONO<iOiO
CO
oo^eo
o
*! 'I "i. P^ "* P*
<*
m rH HHHHHO
os us
CJ,
r-T >o" io" im" co" r-T
rH
N^HONH*
(M
t- us
OS
S CO
uo
,,,h5oioi<(oooio
^OSOJOOIMCOUSUSt^CSTjt
rH
00
-*"
* rt rH rH * r- t
CO
CO IM
CO
d^HNOOn^HOOO 1 A
rH
rH 1
CO OS
t- US
CO
*NCOHH10 W
HCSr.-*tO
00
.NC0ONHNO ICO
o
CO CO
CO CO^r-^CO^CO CO
00
^ rH rH rH rH rH ,_, |
CO US
CO
CcTTjTrH'rH'Tjr
OOhWhioosnhh 100
OS
CO CD
CO
CO <M
o
-jONOOOOOHNHJCq 1 co
^ccohoonw-* eo
o
CO
o
00 N rH rH CO
HH
rH
IM rH
MJ
1SIMC0T*l>O4N-*rHO5(M ICO
O
rH |
rH
CO rH
OS rH
M0
*^ * 5 rH
CO d >o CO 00 CO CO
_;N<NrH00C}CNllMCO> ICO
OS
o us
00
00 >o >o^>o
rH rH rH I rH
rH
t-Too
q.
CO *" cn"
00
rH
iiiHen^ooHooNO 1 s
us
CO CO
* CO
>0 rH
CM
rtOSiONMSes^NiO I'M
t~
CO
cT
US US rH H
OS
rH
<M rH
-**
TSt-OSUSrHrHCOlMCOCDt^C
rH
CO
rH n
*- o
os
CO o r- <M
N^NOOOHIO
CO
ifl>OlCD00N00*<ON
CO
iO
CO
I-^Tjt CS^ rH rH rH OS
00
H
lOUS"
US
rH rTi-rr-r CO
NHUStCiilHNIOOtON
1>.
rH IM
CO "^
5S
CO
COCOOCOrHrH>Ot~<MOCO
t-
c0CS<MCO*~U5IMIMTil<MCOrH
^* CO CO rH IM rH
OS
CO"
OS
rH rH
CO
OftOOOOCflOHOOr-ffl
OS
rH rH rH
CO t
OS OS
co
IM 00 00 t~ CO
rH -H CO <M <M * rH
US
*HNN00fllfflO10N
o
(M S
** >o CO^t- CO 00
*
'" rHrH rH rH rH rH rH rH
1-1
CO =0
CO
CO oo" H
00
* CO US t iftOHlO^ H
OS
-tl CO
(M <*
5J
rH
CO
,., 1 C0CO<J^CSU5U^*U^00CO*^
^HNHt-OOCitlHCilH
CO
rH
c7
OH rH -H rH
CO
IM rH
*
dcOCOrHCOCOOOCOl>CSCS
rH
<M j>
CO *
CO
* IM US US CO OS OS
00 CM CO rH IM IM IM
*
THCMWSCOCNCOCOt^CO-'*
US
o co^
N rt # >O b H rj( N
*
rH iHrHrHrH rHi-H
r-Tco"
*
cmT-hT co*
00
rH
eO-*OSCOU5COM<US00
CO
US US
rH IM
e
* (M
CO
..NNOHNCIfflOOfflN
^t^CT WIO CO US tH <M t> rH
CD
rH
iM
**
S w
CO
1
P
1 .
1
>
i Grain,
icles,
ance Fees,
ige Duty,
00
a
P
N
>
E
o
M
J2 ^
to Sh
i i
o -3
o
ies on Spirit
Tobaci
Tea,
Sugar
Flour
Wine,
" other
ranee and CI
ht-House Du
arfage,
ter Police To
aT
d
>
Ph
"3
St "^
2
a*
>-hh
<IH
o
C9 v.
rj -
00 DO
as o
^ CiH
o o
CO (0
bO O
f-s
3
o
EH
ipal Articles
f, tons,
idles, cwt. .
tie, No.
ep, No.
p, cwt.
low, tons, .
ol, lbs.
o
EH
r>
b 3l5Sc3'-2cs
.SpqooancEi?
2 rH
B
167
No. 64.
From the Melbourne Morning Herald of lOth June, 1854.
GOVERNMENT LAND SALE.
A sale of country lots was held yesterday at Messrs. Tennent's
rooms. The competition was not equal to that of the previous
day, with some few exceptions. It will be seen that the trustees
of one of the land societies were purchasers of several lots. Seven
lots were withdrawn, and nine lots passed for want of a bidder,
leaving only 57 lots disposed of during the day.
COUNTRY LOTS.
At Maribyrnong, on and near the Mount Alexander road, and from
sixteen miles from Melbourne. Upset price, 1 per acre.
LOT
1 640a,
William Taylor, .
2 640a,
Do.
3 640a,
Do.
4 640a,
Do.
5 Withdrawn.
6 Withdrawn.
7 628a,
William Taylor,
8 628a,
Do;
9 628a,
Do.
10 611a,
J. Cantwell and P. Ryan,
11 628a,
William J. Clarke,
12 628a,
Peter Inglis,
13 622a,
John Mooney,
14 632a,
Do.
15 632a,
William J. Clarke,
eleven to
FEB
&
2
ACHE.
S.
3
1
18
1
16
2
10
4
3
5
2
15
1
18
1
18
2
2
3
8
2
1
6
At Kororoit, to the west of the Mount Alexander Road, and from seventeen to
twenty-one miles from Melbourne.
16 202a, Eli Smith, ....
3
17 620a, William J. Clarke,
2
18 193a 3r lOp, William Montgomery,
3
6
19 211a 3r 32p, Ditto, ....
3
7
20 21la3r 32p, A Fiskin,
3
3
21 214a, Ditto, ;
3
7
22 184a r William J. Clarke,
4
I
168
23 171a, William Montgomery,
4 12
24 179a, Ditto,
.
4 12
25 161a, Ditto,
6 7
26 150a 16p, Fulton and others,
3 16
27 153a, Ditto,
3 14
28 169a, Ditto,
4
29 144a 2r, Alfred Langhorne,
6
30 614a 3r 9p, A. Fiskin,
3
31 620a, William J. Clarke,
1 11
32 624a, Ditto,
1 16
33 627a 2r 12p, Ditto, .
2 7
34 102a, William Montgomery,
4
35 159a 2r 8p, T. and J. Moylan,
4
36 158a, Ditto,
4 2
37 163a, Fulton and others,
4 8
Holden, on road from Melbourne to Mount Alexander, and from sixteen
twenty-one miles distant. Lots 38 to 42 withdrawn.
43 225a, William J. Clarke, ... 2 15
44 162a 3r 3p, Do.
.
2 1
46 553a, Michael Bourke,
.
3 10
47 624a, William J. Clarke,
.
2 8
48 600a, John Mooney,
.
6
49 632a, John Aitkin,
.
4 15
50 216a, Wm. John Clarke,
, .
4 1
51 147a, Fulton and others,
.
4 2
53 136a, James McCartney,
,
5 1
54 160a, Joseph Harper,
.
7 1
55 160a, Do. . .
.
7 1
56 160a, Edward Winter,
.
7 2
57 152a, Do.
.
7 6
58 584a, John Aitkin,
.
3 16
At Deutgam, near the Geelong Eoad, and about sixteen miles from Melbourne.
59 632a, T. Churnside, 10
60 612a 3r 16p, Do 15
At Warrandyte, on the Yarra River, above Bulleen, and from seventeen to
twenty-one miles from Melbourne.
61 640a, Thomson Bros. 2
62 640a, John Patterson, ....-11
63 640a, Edmund Hughes, 17
64 640a, E. H. Mochick, 10
65 to 73 (640 acres each) No offer.
169
LIST OF PURCHASERS' NAMES AT THE GOVERNMENT LAND SALE,
GEELONG, June 29th, 1854.
Suburban Lot, Moolap.
1 Allot 10, sec. 1, 557a, or 34p, J. G. Carr, 5 18s. per acre.
Country Lots, Bellerine.
2 to 6, No offer.
7 Allot 10, sec. 3, 320a, Thomas Little, 1 per acre.
8 No offer.
9 Allot 13, sec. 3, 362a 3r 8p, Alexander Cameron M'Donald,
1 per acre.
10 Allot 14, sec. 3, 437a or 32p, J. B. Hutton, 1 7s. per acre.
11 and 12 Withdrawn.
13 Allot 19, sec. 3, 320a, James Marjerey, 1 5s. per acre.
14 Allot 20, sec. 3, 320a, John Guthrie, 1 3s. per acre.
15 Allot 21, sec. 3, 538a, James Marjerey, 1 lis. per acre.
16 Allot 1, sec, 4, 320a, William Rowe, 2 8s. per acre.
17 Allot 2, sec. 4, 320a, J. B. Hutton, 1 13s. per acre.
18 Allot 3, sec. 4, 328a, James Drummond, 1 per acre.
19 Allot 4, sec. 4, 312a, James Drummond, 1 9s. per acre.
20 Allot 6, sec. 4, 320a, Joseph Sutherland, 1 4s. per acre.
21 Allot 7, sec. 4, 328a, William Behan, 1 per acre.
22 No offer.
23 Allot 13, sec. 4, 320a, James Marjerey, 1 per acre.
24 Allot 14, sec. 4, 320a, James Marjerey, 1 per acre.
25 No offer.
26 Allot 16, sec. 4, 312a, William Harding, 1 per acre.
27 Allot 18, sec. 4, 320a, William Harding, 1 8s. per acre.
28 Allot 19, sec. 4, 328a, William Harding, 1 6s. per acre.
29 Allot 20, sec. 4, 312a, William Harding, 2 8s. per acre.
30 Withdrawn.
Patwit.
31 Allot 15, sec. 1, 324a, William Harding, 5 per acre.
32 Allot 16, sec. 1, 324a, William Harding, 2 19s. per acre.
33 Allot 17, sec. 1, 324a, William Harding, 1 lis. per acre.
34 Allot 18, sec. 1, 324a, William Harding, 1 4s. per acre.
35 Allot 22, sec. 1, 320a, William Harding, 2 12s. per acre.
36 Allot 23, sec. 1, 320a, William Harding, 1 lis. per acre.
37 Allot 24, sec. 1, 320a, William Harding, 1 per acre.
38 Allot 25, sec. 1, 320a, William Harding, 1 per acre.
39 Allot 28, sec. 1, 320a, J. & P. Manifold, 1 17s. per acre.
170
40 Allot 29, sec. 1, 320a, J. & P. Manifold, 1 13s. per acre.
41 Allot 30, sec. 1, 320a, J. & P. Manifold, 1 10s. per acre.
42 Allot 31, sec. 1, 320a, William Harding, L Is. per acre.
43 Allot 32, sec. 1, 320a, William Harding, 1 9s. per acre.
44 Allot 35, sec. 1, 320a, J. L. Sprout, 1 4s. per acre.
45 Allot 36, sec. 1, 320a, J. L. Sprout, 1 Is. per acre.
46 Allot 37, sec. 1, 320a, J. L. Sprout, 1 10s. per acre.
47 Allot 38, sec. 1, 320a, J. L. Sprout, 2 5s. per acre.
48 Allot 39, sec. 1, 281a, William Harding, 4 per acre.
49 to 52 Withdrawn.
Suburban Lot, Corio.
53 Allot 1, sec. 1, la, Noble Keenan, 505 per acre.
No. 65.
LEGISLATIVE COUNCIL PAPER.
Return of the Quantity of Land alienated from the Crown, from
the 30th June, 1851, to the 1st July, 1852, showing the
number of Acres, the average Price per Acre, &c. &c.
Extent.
Average Price
per Acre.
Proceeds.
ACRES. R. P.
L. S. D.
L. S. D.
Town Lots, . .
512 1 10
159 17 7
81,909 1
Suburban, . .
13,956 1
4 5 1
59,452 13 6
Country, . . .
128,421 1 21
16 7
170,994 3 1
Special County,
6,388 3 17
2 7 7
15,209 4 4
149,278 3 8
327,565 1 11
171
00 >;
?
^
.3 "3
*a a
e3
c3
,fi
- H
< a
o a
goo
EH
Ph
& a
k5
-,
O *<
O
o
co
a"*
CO P
-3 K
o
o
el ^
g
52-1 S>
i c
*
o 1-4
EH
Jz
1-3
O fcC
S 8
CO
d g>
cs
Fl^
M
P
h3
-5
%-*
Q fl
3 cj
H
m
j^j 0)
a -9
- o
fJ *
e-
a
gl
5a>
II
^5 (BOOWOO OOMHNffl^
ft
1
CO CO ** CO CO * r~ t~
*
00 ft ft ft
CO CO i-t 00 C5 NCI* 05 09CIO
OS
C5
a
* 00H 1-1 WOO "OiOOiOOOU3
0^0 t~ co^eq^o^ s * ec^ao^co^o^oo
cm'
>o
eo
in
INHOlllH CM ft ft Tjt ->J1
0)
Q
Z
*
fj OOOOO O O CO O O O O
-1
Ph U
c*3
- woeoooo cm o co co o
00 ft ft
ft
M
s f-
to
Is.
ft
o
<
p," OOOOO CO OS * CM
>
>->
CM CM CM CM CO
IM
J OOO fl CM CO
ft
-3
PI
1
MOW H 00CO tO>00HlN WN
00
>S Oh w 00 "OiCOWnhoj
pi
. , "5,o i "?,* 5,' c L es l> ot L c 3,
C
"* 00 ^Too'cro t-T r-T aT^'V^i-reo"
er
CO
eo
W N l>^( H H HH 03
^ _ CO r- > CO CO 00 CO OS * CO 00
A
+3
gn ' CO CO <NCOON'<itt-OSt00Wi
CO
. . -H. i-l i-l 1 fl ft
11
a
.coos .TjtcMeMcsft-iteoeMfi
C5
10
i-T
eo
COCO >OOOINOOIN(OC3NIOO
<i
>} . r-t^t-^ . CO^Tjt >C W_CO CD^OO O^-^CJ
. io'co' . cnT o cT-^jTco'^^'*"
a
ss
-<
'in <U
'
ri
PMg
8)3
to
00 .5 OOOHH>30H30D
-S
i-l iH iH, !- ft rH
S *"
a
5
eij .C00> .00C<lCO<MC0CCOTjtiO
*
2
<J
a, . a 00 <e^H9H)o
I - * <N _C0CO M HIMWHH
t^.
lA
<M
9
fi fteo .OMMOHOOOOO
N
pi
1
S O0CO 5'*l^flOSC0O5'*C0C^
fl
CM
a
, . O,^ N H H C^OO, ffl M O 5
*
2 . eo ^T . cf ^ 00" of " t>T n
<1 ft f(
t>r
5
^O-* _OO000O0050
ft
a
pt
aJ CO CO O * O 5 5 t-eo t- w *
o
ft ft ft . ft 1-1 ft ft
a
COC1<MtH .IMlONrt^lONH^IO
ft
Hftao o<Ncot-.fico-itoo5-H
Cf$ f^l" OS^l^ . t- *~ "* t-^i-l^l^ W W5 OS
co"
CI
^Toooo 1 f? fTcoco co eOfTi-T
a
B
00 C9 ft <N ft
fjococo "honomooooo
Ph U
ft
i-3
_;0><MCO *0000t~
""ftflfl .ftfl flfl
to
<* U
E
fe
,flt- .OH*CtHtHH)
CM
o
Ctj0O-H5Tjt H OOH^^OCCNH
00
Ei
Nh!0 'h HrtHNH rH
H
*
J**I00~J 'COlMCIM^OSOt^
CM
f^lN -H .W ONHiNHN
CM
S
fl
<eOfioo .o-HftHoocOfi
-1
1
a
f ^ h t- * * eo o 10 cm ft s 00 eo
*
hoo-*o<N i-t^^eoosc?!
CO
o 1
3 ft ft ON iH
ft
4*
3
NooooHNw^toeeMioftOH
eoeoco'iM<T(<-*^<'i-*-(-t<'<>o>o
fl
h
-)
1
<
OG
000000000000000000000000000000
3
Q
O
EH
172
c
"3 oo
cS -
00 fl
Q -3
^
o ^j
03 o
Ph co
2
in A
O **
Jg
C5 -+J
CD
d of
w
g~
2Ah
fc, CO
<Cj OS
oC5
-3
9 <
1 ^ ,
2
>. t3
ss CB
o a
o.2
2^
M
I
floaofiwooa^coNoosio
iH r-t
COCMC5COCOeMCO'*Cr-IOOCC5CO
iH i-l rH rH
HSMOHOOOOOHaNH^COO
cij 1-^os e^eo co^ o^os *^' _ i,'-i*^- H 05 <o
t>T co* ci" as rH~ co" oo oT os rH~ " tC as
Wt'H'* N rH CO CO *~ CS CO
CM
.o*oN!ONOHH^atsa
* CM WHHW CM CO CO COM
p|MrtrtNOOOHHO03N
NtHOOhn(OhJOmHOHN
.OOOOOOHaWOOOOOW^HrKIN
j ON5C0OOHCS(OraOM
(S
a*
eooo ' co as -< co
CO >0 CO CO -H i 00 J
HOOH > CS OS CO CO
h os oo >o a * * h h t~.
ti . . . . c ^, 5 . "5.CM _* Cs^ as
osicTco
*( 1-1
CO * CO *>. CO
' t~
CM
rH # H ONOHH O I rH
HH t^ OS .-. t>. K5 CO
HfflOO "O O S 19 o o
CO OS 00 lft (M (Yi * ^^ rt
US^CM CO 5 NHO^ I ^
i-T cf ^raf.t-^ao"' I oo"
o
H -4
^3 CO CM
o? CM OS CO
1-1
CO CO CO
r-t r- CO
(J r-^ OS CM^ CO^
t-rco""cs"
CO *~ rH
CM
eocoooiHt~co
iH
CMrH-**~rHCM>OC0'H<lo
r* HHrtH
r5iOO>0 W(MN
00 H0OCOO5NNN UJ Cl
-^s r-^co^c^e^c^u^cp^
io"i-r tCoo"co v t^i-ro"*'
rH CO CM CO CO i
oi CO rH rH CM eOeOC0CMCMCOCOMCO
>-* C5*Oi-lt~!-li-lTj(<MCOCO
. 00 OS 00 CO CSOCOCMt^COlOCOrH
h1 co^cn^"^ co * >-h -^co^ri^cqco^o^co^
aoccm cm" hiT i-T co" at? cm" co"
CO CO CO CM rH I CM rH
N000iOHNC3'*iO5SN000>OH
COCOCO-*'*-*Hj<-<tlTj4-*-*Tt<-<J<00
cocooooooooooooooooooooooooooo
173
No. 68.
LEGISLATIVE COUNCIL PAPER.
Return, under the heads of Town, Suburban, and Country, of
the Quantities of Waste Lands, in the Colony of Victoria,
Surveyed but not Alienated, showing the Counties or Dis-
tricts wherein such Lands are situate.
Counties or Districts.
Lands Surveyed
but Not Alienated.
Remarks.
Town.
Suburban.
Country.
A.
R. P.
A.
R. P.
A.
R. P.
County of Follett, . .
36
2
115
.
.
do. Normanby, .
53
2
2,862
1 29
3,969
2 29
do. Dundas, . .
137
549
15
.
do. Villiers, . .
231
4,334
2 38
6,661
34
do. Eipon, . .
36
2
. .
.
.
do. Hampden, .
33
2
.
.
do. Heytesbury, .
.
.
do. Polworth,
36
2
175
1 3
76,956
2
do. Grenville, .
81
310
1 37
35,469
do. Talbot, . .
101
2,405
2 18
.
do. Grant, . .
364
1
5,008
2 21
339,038
1 26
do. Bourke, . .
296
3 29
9,140
2 31
218,088
1 17
do. Dalhousie, .
170
2
6,227
2 31
.
.
do. Anglesey,
.
do. Evelyn, . .
15
2
84
3 12
49,427
2
do. Mornington,
70
37,109
13
District of Murray, . .
293
4,431
3 89
do. Wimmera, .
74
326
1 18
.
.
Gipp's Land, ....
Totals, ....
141
2
1,509
20
2171
29
37,481
3 1
766,719
2 39
(Signed) R. HODDLE, Surveyor-General.
Surveyor-General's Office, Melbourne, 10th May, 1852.
174
ri ^ ^ 2
OS
CD
fc
M
<Z2 f
ft
o 'O
,:
(N
00
CM
It 2? -3
111
N
1-1
05
^3 -
. CO
<N
*
05
-)
00 CO
CO
05
tH to
rH
IN
g^naniaAOjd
-mi J SAipadsaxn
rH
r-i rH
i-i
pj
'ajoy jad noocnfBA
^
tj =(*
*
(
(jCtreji) s^n9niaAOjdur[
~"
d t3
J
H
jo aniA pa^wni^sg;
r*! iZ5
r=5
K
<
q '
a
E
o
i
(4
j
o
E
<!j
t-
O ,
b
B
B
Ph
&
i
ft *
O o
" 5
O
<N
H g o
.rH 'o
<N
6
T3
-a <!
4S
- CO
-i
J*
a
g a
03
>
OQ
o a
1
B
. o
^ o
c
o
d
<1
39
s
is
o
<M
h^SS SIS'
rs > rdrg B"o
O .> P o 2 gP-c
'3
03 '.
r< to
O *H
o n>
v. r73
g
E
s
o
A
1
P<
O tH
rd.2
c3>
2^
Q
a
3
Q
O
rH
O
ft
g
-a-g'3 ' &DEH =3
^ o3 flP3 o cS oO
5
<N -*
o
r-l o
II
o
'-3
.oo
H
"ti Q
^<
><
o
$
o
Ph
r-3 OQ
fS
Ph
6.
c,-
oo
to
<N
IN
S w ft
a cs la
65 CM
"
05
. M
IN
-*
05
<)
00 05
O
05
* O
i-l
CM
l
1 1
d
1
E^
o
,
5
a
E
J
-s
g so
'
0.
<
a E
u 8
J s
a -a
4 a
e3 a
T3
to
o
i
a
a
o
vd
E
o
O
d
i
>~5
00
Tt<
q *
00
00 U5
rH
rH oo
5
00
5
CO
O f.
,cf
>H
2
Ci a,
" On
3
i
'ft
4J
Ph
5
S
P
4>
5 5
T3
d
y-t
r- t-
a
*
05
(M IN
CM
CM
175
No. 70.
LEGISLATIVE COUNCIL PAPEK.
Rettjbn of Lands Applied foe under Pbe-Emptive Right, but Not Yet Gbanted.
Name of Applicant.
No. of
Acres
applied
for.
Local Description.
Cause of Delay.
5th Nov.
1850
18th Oct.
1850
6th Aug.
1850
4th Oct.
1850
Stewart Gibson, -
C.A.Von Steiglitz
Henry Gibb, -
Donald Cameron,
Donald Cameron,
T.H. Pyke, -
John Aitken, -
Chas. McLachlan
A.
160
200
320
160
120
640
2000
640
Broadhurst and
Tootal, - -
W.H.F. Mitchell,
J. Anthony Cowie
640
320
640
Situate on the east side of the Bullock
Creek, at Mount Alexander, on the
run known as " Mount Alexander,"
so as to include the Home Station
on such run.
Situate on a chain of water holes,
about 16 miles from the Township
of Ballan, between the Werribee
and Moorabool Rivers.
Situated on the run known as Eilyer,
in the Portland Bay District, on the
Salt Creek below Lake Bolac.
Situated near to Mount Eckersley, on
the run known as " Oak Bank," in
the Portland Bay District.
Situated near to 5lount Eckersley on
the run known as "Hunter's Farm,'
in the Portland Bay District.
Situated near to the Township of
Ballan, on the run known as the
"Upper Werribee Run," in the
Western Port District.
Situated near the Township of Gis
bourne, on the run known as Messrs.
" Aitken and Emeline's," in the
Western Port District.
Situated on the Myrnong Creek, in
the parish of Korkuperrimul, in
the run kuown as Pentland Hills,
in the Western Port District.
Waiting further
instructions as to
measurement, &c
Ditto,
Ditto,
ditto.
ditto.
Waiting further
instructions as to
valuation.
Waiting valuation
to.
Waiting further
instructions as to
measurement, &c.
Ditto,
ditto.
Situated ljf miles north of the top of
the Big Hill, about 4 miles south of
the Town of Kilmore, in the run
known as "Belle Vue," in the West
ern Port District.
Situated on the Campaspie River,
about 7 miles south of Farrell's Inn,
on the run known as " Barfold," in
the Western Port District.
Situated on the eastern Moorabool,
on the run known as " Bun jellap
West," in the Portland Bay District.
The portion being
included within a
proposed Reserve,
and to what ex-
tent the applica
tion shall be al-
lowed, being un
determined.
Waiting further
instructions as to
measurement, &c
Ditto,
ditto.
Ditto, ditto.
176
Date of
Application.
28th Aug.
1850
4th Sept.
1850
4th Sept.
1850
15th July,
1850
10th Sept.
1850
10th Sept.
1850
6th Aug.
1850
4th July,
1850
22nd July,
1850
17th Dec.
1850
Name of Applicant.
David Stead, -
John Winter, -
John Winter, -
Joseph Sutherland
R. V. Steiglitz,
John Von Steiglitz
George Russell, on
behalf of the
Clyde Company
Frederick Griffin
John Wallace, -
John Hepburn, -
No. of
Acres
applied
for.
Local Description.
30th June,
1850
8th Aug.
1850
8th Aug.
1850
S. and T. Austin,
R. Sutherland,
R. Sutherland,
A.
480
340
1,600
2,012
160
320
935
2000 to
4000
960
1,000
1,174
640
640
Situated on the eastern Moorabool,
on the run known as "Bunjellap
East," in the Portland Bay District.
Situate on the run known as " Bon-
shaw," Township of Buningyong,
at the junction of the Portland
Road from Melbourne with the
Burrambeet Road.
Situate on the River Leigh, about 20
chains below the crossing of the
Buningyong and Portland Roads,
on the run known as " Bonshaw,"
in the Portland Bay District.
Situated adjoining the Northern
boundary of the Kilmore Special
Survey, on the run known as " Mor
anding," in the Western Port Dis-
trict.
Situated on the east side of the Werri-
bee River, adjoining the northern
boundary of the Ballan Township
Reserve, on the run known as "Bal-
lan," in the Portland Bay District.
Situated on the east side of theWerri-
bee River, north-west of the Ballan
Township Reserve, on the run known
as " Ballan," in the Western Port
District.
Situate on the right bank of the River
Leigh, being section No. 5, in the
Parish of Durocq.
Situate at the head of Sutherland's
Creek, on the run known as Anaki,
in the Portland Bay District.
Situated on the Moorabool River, on
the run known as Ballank, in the
Portland Bay District.
Situate on the run named " Smeaton,"
in the Western Port District, having
frontage to a Creek, and including a
permanent Sheep yard.
Cause of Delay.
Waiting further
instructions as to
measurement, &
Ditto, ditto.
Ditto,
Ditto,
Ditto,
Ditto,
Ditto,
Ditto,
ditto.
ditto.
ditto.
ditto.
ditto.
ditto.
Ditto, ditto.
Waitingfor the Re
port of the Land
Board, being inclu
ded within an Ag-
ricultural reserve.
Waiting further
instructions as t(
measurement, &c
Section 9 of the Parish of Lake Wol-
lard, situated at the eastern side of
the Barwon River, in the County of
Grant, and forming part of the run
known as " Waterloo Plains."
Situated on the Barghurg Creek, at 1 A Reserve being
Stewart's Inn, on the road from Gee-j recommended at
long to Boninyong,and formingpart this spot
of the run known as " Native Hut'
Creek," in the Portland Bay District. 1
Situated at the head of the Native Waiting further
Hut Creek, in the County of Grant, instructions as to
and forming part of the run known measurement, &c.
as " Native Hut Creek."
177
Date of
Application.
10th July,
1850
13th Feb.
1849
5th Oct.
1850
26th Sept.
1850
22d Oct.
1850
17 th Dec.
1850
17 th Dec.
1850
23d Jan.
1851
25th Jan.
1851
25th Jan.
1851
5th Feb.
1851
Name of Applicant.
Peter Inglis,
E. D.Chamberlain
Riddell & HamiL
ton,
Riddell & Hamil
ton,
Charles Ryan, -
E. G. Bucknall, -
B. G. Bucknall, -
W. H. Bacchus, -
T. & S. Learmouth
T.&S. Learmouth
Whyte, Brothers,
M
No. of
Acres
applied
for.
A.
352
160
350
640
160
640
640
200
to 350
4,160
2,560
960
Local Description.
Situated on the Werribee River, the
western bounary line of the Parish
of Gorrochgap, being distant 1 mile
48 chains. It forms portion of the
run known as " Lai Lai," in the
Portland Bay District.
Situated on the right bank of the
Kiver Moyne, immediately outside
the boundary of the Settled District
at Belfast, and forming part of the
run known as " Yarram," in the
Portland Bay District.
Situated near the Township of Gis-
borne, having frontage to a Creek
which empties itself into the Salt
Water Kiver. It forms part of the
run known as " Cairn Hill," in the
Western Port District.
Situated adjoining to the eastern
boundary of the Police Paddock Re
serve at Gisborne, having frontage
to a Creek forming the western
branch of the Salt Water River. It
forms part of the run known as
" Cairn Hill," in the Western Port
District.
Situated between the Goulburn and
Murray Rivers, on the Nine Mile
Creek, which forms its eastern and
western boundaries. Upon it Mr.
R's homestead stands.
Situated on the Deep Creek in the
County of Talbot, and forming part
of the run known as " Rodborough
Vale," in the Western Port District.
Situated on the Deep Creek, and im-
mediately opposite the land last
described.
Situated on the east side of Lai Lai
Creek, and forming part of the run
known as " Peerewerrh,"in the Port-
land Bay District.
Situated about one mile north of the
most northerly point of Lako Bur
rumbeet.
Situated on the northern side of the
Maiden Hills, near the source of
Mount Greenock Creek.
Situated on the eastern and western
sides of the Water Holes at the Home
Station, at the run known as " Kon-
ongwootong," in the County of Dun-
das, and District of Portland Bay.
Cause of Delay.
Waiting further
instructions as to
measurement, &c,
Waiting further
instructions as to
valuation, ike.
Waiting
tion, &c.
valua-
Ditto, ditto.
Waiting further
instructions as to
measurement, &c.
Ditto, ditto.
Ditto,
ditto.
Waiting further
instructions as to
valuation, &c.
Waiting further
instructions as to
measurement, &c.
The land applied
for being lnolud-
ed within a Vil
lage Reserve re
commended by
Mr. Urquhart, in
April, 1849.
Waiting further
instructions as to
measuremi i
178
Name of Applicant.
No. of
Acres
applied
for.
Local Description.
Cause of Delay.
31st March,
1851
Whyte Brothers,
Whyte, Brothers,
Donald Cameron,
Donald Cameron,
Griffiths & Greene
Griffiths & Greene,
John Calvert ,-
John Calvert,
John Brock, -
John Wallace, -
William Campbell
Simon Staughton
S. & W. Jackson,
A.
80
640
320
160
450
600
881
389a.
38p.
800 to
1000
640
1,442
3,440
640
Situated one mile south of Water
Holes, mentioned in the land last
described.
Situated immediately opposite the
land last described.
Situated on the western side of the
Deep Creek, called the " Sullaroop
Creek," and near the Home Station
in the run known as " Clunes," in
the Western Port District.
Situated immediately opposite the
land last described.
Situated on the Kiver Werribee, in
the Parish of Parwan, comprising
part of the measured Sections 27,28,
29, and 33.
Part of Section 33, Parish of Parwan.
Waiting further
instructions as to
measurement, &c.
Ditto, ditto.
Situated on the Lake Colac, being
portions of Section 19, of the Parish
of Irrewarra, and forming part of
the run known as " Irrewarra," in
the Portland Bay District.
Situated on the Lake Colac, and ad
joining to the land last described.
Situated on the Emu Creek, at a
point where it crosses the Twenty
Five-Mile boundary line, and form-
ing part of the run known as
" Bullanda Vale," in the County of
Bourke and District of Western
Port.
Situated near mount Wallace, on a
Creek at an Out Station called
"Bourke," lying about two miles
south-earterly from the Home Sta-
tion, on the run known as "Bal-
lank," in the Portland Bay District.
Situated on the Campaspie River, in
the Parish of Lauriston, and ad
joining to the Village Reserve of
Kyneton, and forming part of the
run known as " Trio," in the Port
land Bay District.
Situated on the south side of the
Little River, and forming part of
the run known as " Brisbane Ran.
ges," in the Portland Bay District.
Situated on the south side of the
River Wannon, and forming part
of the run known as " Sandford,' r
in the Portland Bay District.
Ditto,
Ditto,
ditto.
ditto.
Waiting the Re
port of the Land
Board.
Ditto,
ditto.
Waiting further
instructions as to
measurement, &c
Waiting further
information and
instructions.
Waiting further
instructions as to
measurement, &c.
Ditto, ditto.
These lands being
proclaimed for
sale at the time
claimed by Mr
Campbell, under
pre-emptive right
Waiting further
instructions as to
measurement, &c.
Ditto, ditto.
179
Date of
Application.
Name of Applicant.
No. of I
Acres
applied
for. I
Local Description.
Cause of Delay.
14th April,
1851
19th April,
1851
2d May,
1851
Sept. 1850
27th March
1851
4th May,
1851
10th May,
1851
10th May,
1851
26th May,
1848
27th May,
1851
27th May,
1851
Addison & Murray 960
J. & P. Manifold,
W. H. Dunsford,
Booth and Argyle
William Campbell
James Webster,
J. G. Ware,
J. G. Ware, -
Robert Mailor,
G. F. Bead, jun. -
G. F. Read, jun.
640
640
1,334a.
2r.l6p.
1,600
160
320
960, or
1,280
160
640
640
Situated on the west side of the River
Glenelg, opposite to the point of
junction of that River with the
Wando, and forming part of the
run known as * Dunrobin," in the
Porland Bay District.
Situated on the north side of Lake
Purrumbete, so as to include the
Head Station on the run there held
by Messrs. Manifold, in the Portland
Bay District.
Situated so as to include the Home-
stead and improvements on the run
known as " Lancefield," in the West-
ern Port District.
Situated on the western side of the
Campaspie River, in the parish of
Lauriston, and forming part of the
run known as " St. Agues," in the
Western Port District.
Situated on the north side of the
Campaspie River near Carlsruhe,
the Parish of Lauriston being its
western boundary. It forms part
of the run known as " Trio," in the
Western Port District.
Situated on the Muddy Creek, so as
to include the Homestead and im
provements, on the run known as
"Burnanto," in the Western Port
District.
Situated on Lake Timboon, having
the Timboon Creek for its eastern
boundary. It forms part of the run
known as " Merdewarrook," in the
Portland Bay District.
Situated so as to include the Home-
stead and improvements, on the run
known as " Koort Koortnong," in
the Portland Bay District.
Situated on the western side of the
Merri River, near Warrnambool, so
as to include the Homestead and
improvements on Mr. Mailor'srun.
Situated so as to include the Home-
stead and improvements, on the run
known as " Borharyghark," in the
Portland Bay District.
Situated so as to include the Home-!
stead and improvements, on the run
known as " Cargerie," in the Port-
land Bay District.
Waiting further
information
specting a Re-
serve proposed in
this locality.
Waiting further
instructions as to
a Reserve within
which this por-
tion is included.
Waiting further
instructions as to
measurement, &c.
Waiting the deci-
sion of the Ex
ecutive Council ;
the lands claimed
having been pro
claimed for sale.
Waiting the deci-
cision of the Ex-
ecutive Council
The lands are in-
cluded in the
Carlsruhe Agri-
cultural Reserve
Waiting a correct-
ed description of
the land applied
for.
Waiting further
information as to
a Reserve pro-
posed in this lo
cality.
Waiting further
instructions as to
measurement, &c
Waiting measure-
ment, &c.
Waiting further
instructions as to
measurement, &c.
Ditto,
ditto.
180
Date of
Application.
31st May,
1851
26th May,
1851
3d June,
1851
16th March
1850
16th June,
1851
26th June,
1851
27th June,
1851
19th June,
1851
19th June,
1851
30th June,
1851
19th Tune,
1851
Name of Applicant.
James and John
Thompson,
Frederick Griffin,
James Orr, -
William Huon, -
W. J. T. Clarke, -
Simon Staughton
J. R. Hopkins,
David Stead, -
D. C. Simson,
Chas. M'Lachlan,
R. W. Steiglitz, -
Total, . .
No. of
Acres |
applied i
for. I
Local Description.
A.
640
5,000
640
160
1,280
2,320
640
160
2,880
3,602
200
Situated on the north east side of
Lake Keilambeet, on the run known
as "Keilambeet," in the Portland
Bay District.
Situated at the head of the right
branch of Sutherland's Creek, and
adjoining the Twenty-Five Mile
boundary line, being part of the
run known as "Anaki," in the
Portland Bay District.
Situated on the Coliban River, so as
to include the Homestead and im-
provements, on the run known as
"Coliban," in the Western Port
District.
Situated on the Wodonga Creek, so
as to include the Homestead and
improvements, on the run known
as " Wodonga," in the Murray Dis-
trict.
Situated about two miles north-east
of the present road to Burn Bank,
so as to include the Homestead and
improvements, on the run known
as " Dowling Forest," in the Port
land Bay District.
Situated on the north side of the
Little River, on the run known as
" Brisbane Ranges," in the Portland
Bay District.
Section 21 of the Parish of Yan Yan
Ghurt, being part of the run known
as " Wormbete," in the County of
Grant.
Situated on the Eastern Woorabool
adjoining a portion of 480 acres
previously applied for. It forms
part of the run known as " Bunjel
lap East," in the Portland Bay
District.
Situated on the Deep Creek, and
forming part of the run known as
" Charlotte Plains," in the Western
Port District.
Situated on the Myrnong Creek,about
two miles above its junction with
the Werribee River. It forms part
of the run known as " Pentland
Hills," in Western Port District.
Situated opposite to Bradshaw's Sta-
tion, on the River Moorabool, which
forms its southern and western
boundary.
48,255
Cause of Delay.
Waiting further
instructions as to
measurement, &c
Ditto, ditto.
Ditto, ditto.
Ditto, ditto.
Ditto, ditto.
Ditto, ditto.
Ditto, ditto.
Ditto, ditto.
Ditto, ditto.
Ditto, ditto.
The portion form-
ing part of a Re-
serve of 1 square
mile, at the cros
sing place on the
Moorabool.
181
No. 71.
LEGISLATIVE COUNCIL PAPEK.
RETURN of LANDS APPLIED FOR usder PRE-EMPTIVE RIGHT, but REFUSED.
Date of
Application.
26th Sept. and
28thOct.l850
1st Nov. 1850
25thNov.l850
26thFeb.l851
26thFeb.l851
Name of
Applicant.
Griffin and
Craig.
Thos. Bond,
Henry
Bun tine.
Simon
Staughton,
John
Pearson.
No. of
Acres
640
320
166
2100
160
Local Description.
Situated adjoining the Township
Reserve at the Grange, called
" Hamilton," on the run known
as " Grange Burn."
Situated about three miles from
the Township of Violet Town,
at Violet Creek.
Situated on the run known as
Bruthren Creek, in the Gipps
Land District, about ten miles
from the Township of Alberton.
Situated on the south side of the
Little River, and forming part
of the run known as "Brisbane
Ranges," in the County of Grant
and District of Portland Bay.
Situated on the eastern bank of
the Glenelg River, and forming
part of the run known as " Re
treat," in the Portland Baj
District.
Cause of Refusal.
Because part of it, fronting the
Grange Burn, has been marked
in small allotments by Mr.
Wade, and plan with descrip-
tions sent to Sydney.
Land being claimed by Mr,
Scobie.
A Township being recommended
at this spot, Mr. B. could, under
such circumstances, only be al-
lowed the land on which the
Homestead and improvements
are situated.
Application was for land of an
irregular form, contrary to the
Order in Council under which
claimed.
Portion applied for has a water
frontage of twice the extent al
lowed by the Regulations under
which it is claimed.
Surveyor-General's Office,
Melbourne, 10th May, 1852.
(Signed)
R. HODDLE,
Surveyor-General.
STATISTICS.
No. 72.
LEGISLATIVE COUNCIL PAPERS.
Return of the Number of Acres of Land under Cultivation, in
the Year ended 31st March, 1851.
Wheat, . . . 28,567 \ acres. | Potatoes, . . . 2,837| acres.
Maize,
Barley,
Oats,
27
3,831
16,874
Sown Grasses,
Total,
40J
52,179 acres.
No. 73.
Return of Live Stock in Tort Phillip District, on 1st Jan. 1851
Sheep, .... 6,442,068. | Horses,
Cattle,
21,219.
378,806. | Pigs, . 9,260.
W. LONSDALE, Colonial Secretary.
Return of Live Stock within the Settled Districts, 1st Jan. 1851.
Sheep, .... 760,442. I Horses 8,704.
Cattle, .... 70,374. | Pigs, .... 7,322.
182
No. 74.
Imports of Bread Stuffs during 1850.
Flour and Bread,
Wheat,
Oats,
14,360 cwt.
30,492 bushels.
24,261 "
Oatmeal & Pearl Barley, 142,560 lbs.
Potatoes and Yams, . 867 tons.
Eice, . . . 277,760 lbs.
No. 75.
LEGISLATIVE COUNCIL PAPER.
Abstract of the Population of Victoria, 2d March, 1851,
POLICE DISTRICTS.
Male.
Female.
Total.
Melbourne, ....
12,374
10,769
23,143
Bourke,
10,681
7,667
18,348
Grant,
7,333
5,451
12,784
Portland,
1,459
883
2,342
Belfast,
2,365
1.481
3,846
Kilmore, .
1,387
677
2,064
Alberton,
574
330
904
Total within the Settled Districts,
36,173
27,258
66,431
Males beyond the Settled Districts,
10,029
10,029
Married Females do. do.
1,708
Unmarried do. do. do.
Total Population,
2,177
3,885
46,202
31,143
77,345
The Popula
tion o
f 184
6 was
i
20,184
12,695
32,879
At the same time there were only 101 houses built of Stone or
Brick beyond the Settled Districts.
No. 76.
LEGISLATIVE COUNCIL PAPER.
Return of Reserves in the Intermediate and Unsettled Dis-
tricts, up to the 1st July, 1851.
No. 39. Murray District, . 80,000 acres.
" 31. Wimmera " . . 55,680 "
" 54. Western Port " . 215,040 "
" 80. Portland Bay " . 252,900 "
" 42. Gipps' Land, " . 78,080 "
246 Reserves.
Total, 681,700 acres.
183
sajoy jo jaqmn^j r^oj,
o
O
W
5
*
pq
o
K
a
s
o
o
<
Em
R
H
P
pa
UAOg
ODOBqoj^
sao^oj
'MlIK
9%
'^H J0 I
8W^0 joj
pOOJ U99JQ
urea*)
Joj
*^H J0 I
9WBQ JOJ
p00 J U99J)
JOJ
9WB0 JOJ
pOOJ U99J)
JOJ
nraif) joj
ten joj
niBJf)
Joj
I
<X> >-H
h- 00
i-l *
O
P
P
c
M
G
184
o
IT.
a
o
W
o
s
o
SZJ
Ph
M
>
O
p
H
JZh
<J
te
w
3
p
H
P
hn
w
00
H
O
o
o
N
>H
a
P
_
1
Ph
1>-
Ph
CI
o
<
O
P
e
o
*
<N
s8m
CO
CO
o
tH
00
e
<N
I-l
CO
t
o
daeqg
o
<N
5
CO
o
CO
o
B
CO
5
o
a
o
as
tH
GO
^
t-
(N
Sz;
'QIWO panjOH
CO
OS
00
OS
t-
eo
o
*
*
(M
S98J0H
CO
iH
CO
CO
tH
IN
sass^jjc)
UAOg
I
o
H
CO
OS
o
-*
CO
IN
s;i?o
i
CO
o
CO
O
CO
M
ffl
<M
IN
j
Xaijug
o
CO
CO
OS
H
r~
*
^aqAV
1
CO
OS
5
oo
O
H
co
-H
1
ooo'Bqoj
1
1
~*n
o
p
PI
c3
sao^oj
i
o
OS
IN
p
o
pi
^IITW
1
1
Ph
P-i
1
Ph
<d
9if a
n
* 1
-1
J
fH
00
-u
8^0
J
CO
<N
OS
CO
o
n
CO
OS
1
a
o
1-H
1
XaXJ^a
a
CO
CO
CO
CO
OS
ji
CO
^
azrepj
00
5
CO
4
1-1
*
IN
-**$&
1
CO
00
00
n
CO
1--
OS
F-H
00
I-l
8
p
-3
t
i-i
CO
o
*s
>
<n"
-3
00
i-s
i-H
-t>
u
c3
1-1
<u
o
>H
^3
a
o
h
E
o
Ph
&
185
No. 77. CONTINUED.
BETUKN, SHOWING THE GROSS AMOUNT OF SUBURBAN AND
COUNTRY LAND ACTUALLY AT THIS TIME ALIENATED FROM
THE CROWN AND IN THE HANDS OF THE PUBLIC.
30th Mat, 1853.
1863.
20th
May.
A. R. P.
640046 3 5
Sold by Public Auction, including
Lands that have been offered for
Sale and not Sold, but afterwards
selected.
A.
31329
Settled District.
Granted under
Pre-emptive
Right.
A.
47622
Intermediate Districts.
00
Unsettled Districts.
A. R. P.
726961 3 6
Total Amount of Suburban and
Country Land Alienated.
INDEX TO APPENDIX.
PART I.
ACTS OF PARLIAMENT AND LEGISLATIVE COUNCIL PROCLAMATIONS,
ORDERS IN COUNCIL, &c.
PAGE
1. Act 5 & 6 Vict. C. 36, Regulating Sale of Waste Lands, 22d
June, 1842, ....... 1
2. Act 11 Vict. No. 18, Assessment upon Stock beyond the Settled Dis-
tricts, 17th September, 1847, - - - - - 10
3. Act 9 & 10 Vict. C. 104, Amending 5 & 6 Victoria, and authorising
the issue of Leases by an Order in Council, 28 th August, 1846, - 19
4. Order in Council, of the 9th March, 1847, - - - - 25
5. Act 11 Vict. No. 61, Appointing Commissioners to examine and re-
port upon Disputed Boundaries, - - - - 36
6. Proclamation, requiring Applications for Lease, 7th October, 1847, 43
7. Tenders for Runs, 1st January, 1848, - - - - 44
8. Tenders for Runs, 21st February, 1848, - - - - 47
9. Tenders for new Runs, 31st March, 1848, - - - - 48
10. Transfer of Runs, 1st January, 1848, - - - - 50
11. Transfer of Runs, 30th June, 1848, -:.- - - - 51
12. Proportion of Stock, 1st January, 1848, - - - - 51
13. Forfeiture of Lease, 4th February, 1848, - - - - 52
14. Delay of Leases, from state of Survey, 1st June, 1848, - - 53
15. Applications for Leases extended to the 30th September, 1848, - 54
16. Rules within the Settled Districts, 29th March, 1849, - - 55
17. Settled Districts, - - - - - - - 63
18. Ditto, - - - - - - - 63
19. Ditto, 64
20. Leases of 8 and 14 years, from 1st January, 1852 ; Proclamation
28th October, 1851, - - - - - - 64
21. Reserves defeated by application to purchase within a year, Procla-
mation 11th March, 1852, - - - - - 65
22. Extracts from Lord Grey's Despatch, 29th November, 1846, - 66
23. Extract from Lord Grey's Despatch, transmitting Order in Council,
30th March, 1847, - - - - - - 67
24. Extract from Order in Council, dated 18th July, 1849, - - 67
PART II.
SALE DISPUTED, CORRESPONDENCE, CROWN LAW OFFICERS' OPINIONS,
PETITIONS, AND ARGUMENTS.
25. Messrs. Moore and Griffith's Claim, and Crown Prosecutor's Opinion,
13th November, 1847, 68
26. Mr. La Trobe's Letter, - - - - - - 70
187
PA OB
27. Attorney-General's Opinion, - - - - - 71
28. Minutes of the Executive Council, - - - - 72
29. Attorney-General's Opinion, 8th November, 1848, - - - 78
30. Solicitor-General's Opinion, 8th November, 1848, - - - 81
31. Opinion from both Attorney-General and Solicitor-General, 12th
December, 1848, - - - - - - 81
32. Colonial Secretary's Letter of 22d March, 1848, stating that Govern-
ment was precluded from selling to any other except the Lessee, 82
33. Executive Council refuse to advise Extension of Settled Districts,
14th September, 1850, - - - - - - 83
34. Opinion of Attorney-General and Solicitor-General, 27th Septem-
ber, 1850, 84
35. Colonial Secretary instructing the Superintendent to prepare for
carrying out the Order in Council, 26th July, 1847, - - 86
36. Colonial Secretary's Letter on extent of Reserves, 15th October, 1847, 87
37. Colonial Secretary's Letter, urging expedition in laying out the
Reserves, 12th November, 1847, - - - - 88
38. Survey of Squatting Districts, Colonial Secretary's Letter, 1st Octo-
ber, 1847, 88
39. Reserves, Colonial Secretary's Letter, 12th November, 1847, - 89
40. Extent of Reserves reduced, Colonial Secretary's Letter, 5th March,
1851, 90
41. Messrs. Jeffries' Claim to Purchase under the Pre-emptive Right,
7th November, 1850, with the Opinion of the Attorney-General
and Solicitor-General, and the Superintendent's Letter, urging
a reconsideration of the Case ; and also the Opinion of the new
Law Officers of Victoria, - - - - - - 90
42. Petitions of the Tenants of the Crown in Victoria, - - - 106
43. Mitutes of Agreements adduced by a deputation of Squatters, - 109
PAET III.
VOTES AND PROCEEDINGS OP THE LEGISLATIVE COUNCIL, PETITIONS,
DESPATCHES TO AND FROM DOWNING STREET, OPINIONS OP BARRISTERS,
LETTERS, &c.
44. Administration of Crown Lands, Mr. Johnston's Motion negatived,
16th December, 1851, - - - - - 117
45. Occupiers' Right respected in the sale of the Lands in the neighbour-
hood of the Gold Fields ; Vote of the Legislative Council, 20th
July, 1852, 117
46. Legislative Council recommends an immediate Issue of the Leases,
in order that the Lands may be opened for Sale under the Order
in Council, 28th July, 1852, - - - - - 130
47. Legislature recommends delay in granting the Pre-emptive Right,
so that the matter can be brought under the notice of Her
Majesty in Council, 17th August, 1852, - 132
48/ Reply from the Lieutenant-Governor, .... 132
49. Return of Lands Sold in the Settled Districts under Pre-emptive
Right, - - - - - - - - 133
188
PAGE
50. Return of Lands Sold beyond the Settled Districts under Pre-emp-
tive Right, - - - - - - - 134
51. Resolutions adopted at a Meeting of Occupants of Crown Lands, 2d
September, 1852, - - - - - - 135
52. Despatch from the Lieutenant-Governor, transmitting Resolutions
and Petition from 66 Licensed Occupiers of Crown Lands, 25th
September, 1852, - - - - - - 136
53. Petition from Crown Tenants, - - - - - 138
54. Despatch from the Duke of Newcastle to the Lieutenant-Governor,
29th November, 1853, - - - - - - 143
55. Opinion of Robert Lowe, Esq. in 1837, - - - - 153
56. Opinion of T.H. Fellows, Esq. in 1854, - - - -154
57. Opinion of Roundall Palmer, Esq. M.P. 1854, - - - 154
58. Report of the Melbourne Chamber of Commerce, 1854, - - 155
59. Memorial in Course of Signature in June, 1854, ... 161
60. Protest against Sale of Lands on a Licensed Run, by W. Campbell,
28th August, 1854, - - - - - - 161
61. Opinions of Candidates in June, 1854, .... 164
PART IV.
RETURNS OF LAND, STOCK, IMPORTS, EXPORTS, POPULATION, RESERVES, &c.
62. Return of Claims to Leases acquired under the Proclamation of 1st
January, 1848, - - - - - - - 165
63. Synopsis of Trade and Customs, from 1844 to 1850, - - 166
64. Land Sales at Melbourne and Geelong, June, 1854, - - 167
65. Return of Land Sales, from 30th June, 1851, to 1st July, 1852,
showing the average price, - - - - - 170
66. Average Price and Quantity of Land Sold, from 1837 to 30th June,
1851, 171
67. Lands Sold by Public Auction and by Private Sale, from 1837 to
30th June, 1851, - - - - - - 172
68. Surveyed Lands unsold, 10th May, 1852, - - - - 173
69. Lands Sold under Pre-emptive Right, 10th May, 1852, - - 174
70. Applications to Purchase under the Pre-emptive Right, from 13th
February, 1849, to 30th June, 1851, - - - - 175
71. Refusal of Lands applied for under the Pre-emptive Right, 10th
May, 1852, - - - - - - - 181
72. Lands under Cultivation, 31st March, 1851, ... 181
73. Live Stock, 1st January, 1851, - 181
74. Imports of Breadstuffs in 1850, - - - - - 182
75. Population, 2d March, 1851, - - - - - 182
76. Reserves beyond the Settled Districts, 1st July, 1851, - -182
77. Returns from the Lieutenant-Governor, of Lands under Cultivation,
in 1852 and 1853, and of the total quantity of Land Sold up to
the 30th May, 1853, - - - - - - 183
WM. EADIE AND CO. PRINTERS, GLASGOW.
SUPPLEMENT.
The arrival of the last mail furnished the following account of a
Land Sale, advertised under the signature of the Surveyor-General,
and there is no doubt but the description of the land given is
correct. It is as follows :
" Hamilton. On the 26th and 27th October, at the Police-office, 90
lots, varying from 5 to 156 acres, and from 1 to 2 : 10s. per acre,
upset price, situate in the parish of South Hamilton, on the Grange Burn
River, about 50 miles from Portland, on the Melbourne Road. The
whole of this land is of good quality, and well suited for agricultural
purposes, a large portion of it being of the richest description, lightly
timbered with gum, she-oak, banksia, and honeysuckle, and supplied
with water from the Grange Burn and Muddy Creek."
The sale took place on the appointed day, and the following
quotation, extracted from the "Geelong Advertiser" of the 3d
Nov. 1854, shows the result arrived at :
SALE OP CROWN LANDS AT HAMILTON,
On Thursday, 26th October.
Sububban Lots. In the Parish of South Hamilton, at the Grange Burn,
about fifty miles from Portland.
Upset price 2 : 10*. per acre.
1 10a 12p, Allot 1, no offer.
2 8a 3r lip, Allot 2, no offer.
3 9a 16p, Allot 3, no offer.
4 8a 17p, Allot 4, no offer.
5 7a 3r 17p, Allot 5, no offer.
6 8a 3r 37p, Allot 6, no offer.
7 10a 12p, Allot 7, no offer.
8 8a 3r lip, Allot 8, no offer.
9 9a 16p, Allot 9, no offer.
10 6a lr 8p, Allot 10, H. Withe, 15 15s. per lot.
11 6a 17p, Allot 11, G. Gale, 15 10s. per lot.
12 6a 3r 37p, Allot 12, no offer.
13 5a 6p, Allot 25, R. Bloomfield, 12 12s. per lot.
14 5a 15p, Allot 26, S. Keen, 12 14s. 9d. per lot.
15 8a 2r 27p, Allot 27, D. Henderson, 21 13s. 6d. per lot.
16 6a 3r 32p, Allot 28, no offer.
17 8a 2r 8p, Allot 29, A. French, 21 7s. 6d. per lot.
18 6a I6p, Allot 30, R. Corse, 15 5s. per lot.
19 5a 3r 24p, Allot 31, W. Wyatt, 15 per lot.
20 6a lr 36p, Allot 32, J. Caple, 30 5s. per lot.
190
21 5a 3r 21p, Allot 33, W. Wyatt, 31 per lot.
22 8a 2r 38p, Allot 34, W. Wyatt, 21 17s. per lot.
23 6a 3r 32p, Allot 35, no offer.
24 9a 3r 26p, Allot 36, no offer.
25 7a 2r 12p, Allot 37, no offer.
26 6a lr lip, Allot 38, W. Wyatt, 30 per lot.
27 5a lr 29p, Allot 39, A. Thomson, 34 per lot.
28 9a 2r 26p, Allot 40, no offer.
29 9a lr 15p, Allot 41, no offer.
30 5a lr 24p, Allot 43, A. Thomson 13 10s. per lot.
31 9a 2r 16p, Allot 44, no offer.
32 18a 4p, Allot 45, no offer.
33 5a 2r 22p, Allot 46, W. Wyatt, 15 per lot.
34 5a 2r 22p, Allot 47, W. Wyatt, 17 10s. per lot.
35 10a 4p, Allot 48, no offer.
36 6a lr 36p, Allot 49, W. Carter, 16 3s. 9d. per lot.
37 7a 3r 27p, Allot 50, J. Robertson, 19 16s. per lot.
38 7a 2r 27p, Allot 51, no offer.
39 7a 2r 27p, Allot 52, no offer.
40 8a lr 2p, Allot 53, no offer.
41 8a 3r 16p, Allot 54, no offer.
42 9a lr 30p, Allot 55, no offer.
43 10a 4p, Allot 56, no offer.
44 8a 2r 22p, Allot 57, D. M'Kenzie, 31 per lot.
45 8a 2r 22p, Allot 58, J. Reutsch, 21 12s. per lot.
46 9a lr 17p, Allot 59, J. Reutsch, 23 7s. lOd. per lot.
47 9a lr 17p, Allot 60, no offer.
48 10a 4p, Allot 61, no offer.
49 10a lr 2p, Allot 62, no offer.
50 10a lr 20p, Allot 63, no offer.
The reader will observe that there was not a single offer for the
first 9 lots, and that, out of the whole day's sale of 50 lots, only 30
lots found purchasers. It certainly requires no demonstration to
prove, from the foregoing facts, that there is a glut of land "of the
richest description, lightly timbered, and supplied with water," in
the market, for sale, at moderate prices ; and that it is a gross
fallacy, on the part of the Government, to misconstrue such sales
to private speculators into "public purposes."
The following statement shows a very satisfactory state of
the Revenue; and as half of the territorial Revenue is re-
served for Emigration purposes, it will enable the Emigration
Commissioners to despatch a greater number of emigrants to Vic-
toria this year than they ever did in any year before ; and it is
necessary, both on account of the Colony and of the ill employed
poor people of the mother country who are desirous of emigrating,
that such ample funds should be appropriated as speedily as pos-
sible.
M
P
EH
(^
o g
H
1-
ffl v, -^
=3 g<
- /^
c3
J5 id o
00
s s
I O* I "H
I 00 I o
OC0N NOOO0000OOH00H
owes e3NO<*uONM-<Hffl
, I _H I rH i-H rH rH i-H rH rH rH
O00N
C5 CO
j o >o
O0CO lO^OOtCHCflNMCOCHON
OOONOO'tHW^IN'O'*'*^ OS
00 (~ * "* C^OO^rH IC^l^OS ^Oi *_
otfos i 'i-T of *e? e> cm *
CO
>
E-i **
g
w 2
w B
<J0Q
c
Eh
>HC0
&*
O
^ 9
c a
O S
S E
a
Ph cs
a
3 a
--. a
w 2
s 5
H p
* 5? 2
CSCC iH
_.
^ r-l
CO 00 00 rH
lOOlO
rHlCc
OS >0
eo
ownhooss
iH
OOOOOHKIN
eswaNWO
t- (M <M t-^C^CS^
t>T ao" oi" co co ccT
CO r-i
CSCO*ICO'*^M*-C x lt~COCN>Q
Ol*NNT|(0'*>ClNOt'00>ONHN
rH rH rH iH i-t rH rH rH rH rH
^5-*OOIM00i-ItH^U5 0<OCJ
<M Ql^OSI--C0->*CS'*COCOO^-<-* SO
i t- * OH M_NNH 00^ ^C^C^OO^ r-J^
n^^r.rT T-Tc<rc<r?-re<rccr ~ i-h * c o
T3 .2
a .
S 2 CO
-H
CO
ffl
^ oo
w iH rH
r-l 00
^ '0 oo
00 CO (M>Offi
5 CO 00 00 CM
r-l I rtH
*~ 5 CO CO
* (M I l- rH CO
* CO * i-H tH
TjTco-^r oo^cT
l^. Oi CO CO H
CO
hhoootiiooo'*o coco-*co
?H i-l
*-*C3COCO'*< 5-*t'*i-l
1-tr-lrHiH r-l I HH iH iH
t-sh-osco-^cCT-ie^Mi
00CO00Clt^O5C5(MO
Ir-OOrtti-lCOOOOOCMOi
CO CO -H \ CO
CO >o CO CI CS CO
pa
3
so
'II
O-rJ
tn o
^
3S
a> oi^'.a
i O oo oo fj
; j
' tw V-
Z2
fl-g
_ el a
5
S o S 5 .8
Ph Ph Ph q -<J h^
"H cm oo O b^a r cjja_
I *j o"2 5 I S u je g
ot w bD_ gSSSS 5 O
^^5<{ oqCJWOPhOPh
| <HlM
00
g
3
c
Q
3
o
"B #
*g rt
sS g o
S 5
M "^ CO
g a
3 g
EH n
O o
C z
i> <
ta co -
O
o s
O w
ta -
a a
S
P
!zj
E5 *
s>
Pi os
goo
2 ^ CO
ftSH
S <c .
Vl 15
n 2 ( .
rigs
^ ^ _
2 -S
M - CO
a*
^5
<b a
T< " .
S p>o
n 2
. rt
co > ^eo-*o
' r-t '"'
5 N OOIO-^
oao* I co cm. * t~ co
> t- 53^ ^^ Q i,
co" cT i-T of *"
HO^OSO M00O1O
r-t rH
HQOO t- CO '
5q WT H^5 I co co
lO N N C O CO^Ci^rH
icTh^io'co"' r-Tr-i *
OS
CO
r5
CO >o 00 <-* * CO
1 rH r-
*
TtiaofflOSNcs'OH
HiOOt^OHHNN
w ^ n n h t^
iONicTh IS N 05
,-JaO*rHrHrHCO
50 rH i I i-H i-l rH
OS Oi CO t- CO CO cs
rt N O "O N CO N
* rH" i-T 0" Of r-T r-T
M
w
So o
Ph rt >
* ^s
HI *=
PS SP" 1
S a t
m cr w
Vl rfl
-j'cB
so
o
as d
55 Ph
r= g
t* a
a
5
S r
2 5
.5^3
ID
00 -tJ
Cr.
p,
. 03
E
a tP
Sg 2.2
C3 o 1 ^ P<
fl^a So
'I! O 0J m S
^5 a^pl
a *^ n o _
~ S O
ro-gai
oO m cj
_ o o .&"a>
a^ o s s
rHrHOCN|<NCO v O
lOOHNOCONHOO
,_| rH I-H rH rH
QrlNOOfflH<N
CO-*COrHrHOI-C^
cT50o"<Nr-rc0rH CO *
CO rH
!fi05NH S
MIOW H OtO C0OO
HHH i-H
CO&rH-*C0 IcOt-COCD
i^COCO-*5 CNl^ -^
w
> CO "<
CO OifH
CO rH
co oo p5
Pi
^ CO * l~
h a
wp
el
'S h'S
Pg-1
e &-.
SlSr^
3* o on
S o
rV2
PHra
a a
cap
Jo
^5
rH.3
^4 Pi
*-- O
g^
el S
Ph
O r-4
r-l "S
03 q
2 S
a h
C+>EH
MMO o
fcfi bC -S
o a a?
a
1 S 53 ^ g i
a aHj|ga||a
SS*, ^ M Ph g gPH O
r! g
03 t-l
M 5 ojjjl Si
j o3 S m m ? O <_ rd ca g
> bD oo o a) g
3 .^ oj a a> a
>%
3lS3r?a l3prt;-?^rsPH
aim u o s b L ffl ^
as^&iiflori
r< ;-. <A
O O
3
3rS
HHtHrj
3
fc
/
UNIVERSITY OF CALIFORNIA LIBRARY
Los Angeles
This book is DUE on the last date stamped below.
20m-7,'67(H3149s4)
AA 000118 757 4
THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES