iliiiSSii^?iiS5IS fe:;w5?«iii

THE MINISTRY.

1. The Hon G. H. REID, M.P.

3. The Hon. J. COOK, M.P.

6. The Hon J. H. YOUNG, M.P.

7. The Hon A. GARRAN, LL.D., M.L.C.
9. The Hon. A. J. GOULD, M.P.

2. The Hon. J. N. BRUNKER, M.P.

4. The Hon. J. H. WANT, Q.C., M.L.C.

6. The Hon. J. H. CARRUTHERS, M.P,

8. The Hon. J. GARRARD, M.P.

10. The Hon. S. SMITH, M.P.

^EW SOUTH WALES:

THE MOTHER COLONY

THE AUSTRALIAS."

Edited by FRANK HUTCHINSON,

Oup. !^20
0. of D,

896.

Bu ^utljoritD :

SYDNEY: CHARLES POTTER, GOVERNMENT PRINTER, PHILLIP STREET.

1896.
[Berjhtered under the Copyrhjht Act of 1870.1

4/351-Oo-G rf [3s]

ERRA TA.

Page ri. Paragraph ** Electoral Districts." Eighth line, for
2,5 '3 ^'^'''^ 2,1 I o. Ihirteenth line, for " thirt\ -nine "
read "twenty-six" Fourteenth line, for " eigtity-five "
read *' eighty-eight."

Illustration facing page i68. For "Harvest Home" read
" Harvest Queen."

Page 3S7. For 25 May, 1833 (Mitchell's expedition to the
Darling), read 25 May, 1835.

PagG 359- Eleventh line from bottom For "Assembly"
nad " Council."

hid

(pl5

CONTENTS.

INTllUUUCTluX, l.y thu i;iiitor(Fi!.\N:; lIiRinxsoN) .. .. .. .. .. .. —

PHYSICAL GKOGKAPKY AND CLIMATIC, by H. C. RrsSELl., B.A., C.M.G , RR.S. 1

THE CONSTITUTION AND LAWS, by Professor Pitt CoiiBKTT . . . . . . . . . . 7

THE LAWS RELATING TO CROWN LANDS, by 11. A. G. Ciury .. .. .. .. :J.">

COMMERCIAL RELATIONS, by R. L. Nash .. .. .. .. .. .. .. 4.'i

I.MPORT TRADE, by W. G. RK.NDAiJi .. .. .. .. .. .. .. t,5

WOOL INDUSTRY, by Henky W. Wright .. .. .. .. .. .. .. CC

PASTURES, GRASSES, AND FORAGE PLANTS, by Frkd. Tirxkr, F.L.S., F.R.II.S., &c. .. 70

LIVE STOCK, by Alexasdkr Bruce .. .. .. .. .. .. .. .. i?7

AGRICULTURE, by J. L. TiiOMrsoN .. .. .. .. .. .. .. 104

FRUIT CULTURE, by Albert H. Bex.son . . . . . . . . . . . . . . 11.''.

VITICULTURE, by P. F. Adams . . . . . . 12;j

SUGAR GROWING AND ITS MANUFACTURE, by W. S. Cami'bkll 134

HORTICULTURE, by W. S. Ca.mip.f.ll . . . . . . . . . . . . . . 142

SILK CULTURE, by W. S. Ca.mpbki.l . . . . . . . . . . . . . . . 150

TOBACCO CULTURE, by Sami el Lamb . . . . I.i9

TIMBERS OF THE COLONY, by J. H. Maiden, F.L.S.,&c .. .103

SOME MINOR VEGETABLE PRODUCTS, by J. H. Maidex, F.L.S., &c. .. .. .. 181

THE DAIRYING INDUSTRY, by A. A. Dunxiuliff . . . . . . . . . . . . Is7

MEAT EXPORT TRADE, by Cutiibert Fbtherstoxiiaugii . . . . . . . . 199

FISH INDUSTRY, by J. Douglas Ogilby . . . . . . . . . . . . . . 217

MINING INDUSTRY, by W. H. J. Slee, F.G.S., &c. .. .. .. .. .. .. 22C

COLLIERIES, by Joiix Mackenzie, F.G.S. .. .. .. .. .. .. ..233

WATER CONSERVATION, IRRIGATION, AND DRAINAGE, by H. G. McKi.n.xf.y, M. Inst. C.E. . . 240

THE RISE AND PROGRESS OF ARTESIAN BORING, by J. W. Boultbee . . . . . . 25,';

SYDNEY AND PRINCIPAL TOWNS, by Frank J. Donoiiue 202

RAILWAYS AND TRAMWAYS, by R. L. Nash .. 270

POSTAL AND TELEGRAPHIC SERVICE, by S. H. L.wiliTON 231

PUBLIC WORKS, INCLUDING ROADS AND BRIDGES, by .1. W. IIollimax 287

OUR SOCIAL CONDITIONS, by Frank J. DoxoiiVE .. .. .. .. . .. 293

LITERATURE AND ART, by Frank HiTCiiixsoN .. .. .. .. .. ..305

RELIGIOUS INSTITUTIONS, by Frank J. Donouue 312

EDUCATION, by R. N. Morris, LL.D. .. .. .. .. .. .. .. ..321

THE MANUFACTURING INTEREST, by Frank J. DoNOii IE.. .. .. .. . 333

FEDERATION, by Edward Dowlinq . . 310

APPENDICES-
HISTORICAL DATA, by F. M. Bladen, Barristcrat-Law 353

FROM EUROPE TO SYDNEY, AND HOW TO LIVE THERE, by W. G. Rexdall .. .. SC3

47S1.R8

LIB SETS

LIST OF ILLUSTRATIONS.

Faces
pa^je
THE REiD MINISTRY, 1895 C — (Frontispiece)

SYDNEY AND HARBOUR FROM THE NORTH SHORE.

TEMPORARY HOUSES OF PARLIAMENT, SYDNEY ... ... ... ... 10

THE LANDS OFFICE, SYDNEY ... ... ... ... ... ... 25

SYDNEY EXCHANGE ... ... ... ... ... ... ... 45

CIRCULAR QUAY, FROM NORTH .SYDNEY ... ... ... ... ... 52

CIRCULAR QUAY, FROM CUSTOM HOUSE ... ... ... ... ... 54

M'ARTHUR AND CO.'S WAREHOUSE, SYDNEY ... ... ... ... 64

A LOAD OF WOOL ... ... ... ... ... ... ... ... 66

DIAGRAM SHOWING FLUCTUATIONS IN PRICES OF WOOL, 1883-1896 ... ... 68

WINCHGOMBE, CARSON, AND CO.'s WOOL SHOWROOM, PYKMONT, SYDNEY ... 70

DIAGRAM— ^WOOL-PRODUCING COUNTRIES OF THE WORLD ... ... ... 72

SHEEP-.SHEARING WITH MACHINE-SHEARS ... ... ... ... ... 74

AUSTRALIAN MILLET ... ... ... ... ... ... ... 80

ROUND-LEAVED .SALT BU.SH — CABBAGE BUSH ... ... ... ... ... 82

SCENTED OR DARLING CLOVER ... ... ... ... ... ... 84

WINGADEE STATION ... .., ... ... ... ... ... 94

MUIR PEACH TREES AT GOVERNMENT EXPERIMENTAL FARM, WAGGA WAGGA... 118

HOT- HOUSE AND GREEN-HOU.SE FLOWERS GROWN IN NEW SOUTH WALES... ... 142

AN amateur's green-house, NEAR .SYDNEY ... ... ... ... 148

SILK CULTURE ... . . ... ... ... ... ... ... 150

SILK CULTURE (COCOONS) ... ... ... ... ... ... 156

SANSOON TOBACCO (CIGARETTE) GROWING AT DEPARTMENT OF AGRICULTURE, SYDNEY 159
SHIP "HARVEST HOME," LOADING THE FIRST CARGO OF N.S.W, TIMBERS FOR LONDON 168

FORE.ST OF YOUNG BLACKBUTTS, MANNING RIVER ... ... ... ... 172

TALLOW-WOOD LOGS .. ... ... ... ... ... ... 172

"HONEYCOMB," THE CHAMPION DAIRY COW OF THE WORLD ... ... ... 187

GOVERNMENT MEAT MARKET, DARLING HARBOUR, SYDNEY... ... ... 199

GOVERNMENT MEAT MARKET, DARLING HARBOUR — INTERIOR VIEW ... ... 202

SEA-MULLET (MUGIL DOBULA) ... ... ... ... .. •.• 219

the .schnapper (sparcsomus auratus) .., ... ... ... ••• 223

broke:? hill silver mines ... ... ... ... ... ••• 226

gold-mining (panning, cru.shing quartz, cradling) ... ... ... 228

"WESLEY" TIN BIINE, FLANNERY's WASHIN(; PLANT ... ... ... 2.33

262

264

vi LIST OF ILLUSTRATIONS.

Faces
TEXT HILL TIN SMELTING WORKS, EMMAVILLE ... ... ... ... 234

DIAMOND DRILL PLANT ... ... ... ... •■■ .•• 237

NEWCA.STLE, FROM THE CUSTOM-HOUSE ... ... ... ... ... 238

NEWCA.STLE HARBOUR, SHOWING STEAM CRANES ... ... ... ... 240

METROPOLITAN COLLIERY, HELENSBURGH ... ... ... ... ... 242

WILLANORA WEIR, LACHLAN RIVER ... ... ... ... ... 252

WARREN WEIR WORKS, MACQUARIE RIVER ... ... ... ... ... 252

ARTESIAN BORE, WAKREGO DISTRICT ... ... ... ... ... 255

TOWN HALL, SYDNEY

GEORGE-STREET, .SYDNEY

NEW CITY MARKETS, GEORGE STREET, SYDNEY .. ... ... ... 268

THE TURNING OF THE TURF OP THE FIRST AUSTRALIAN RAILWAY, JULY 3rD, 1850 271

THE SAME, FROM A PAINTING AT THE TIME BY JOHN RAE, ESQ. ... ... 272

REDFERN RAILWAY STATION, SYDNEY ... ... ... ... ... 276

DIAGRAM SHOWING GRADIENTS ON THE WE.STERN LINE ... ... ... 278

GENERAL PO.ST OFFICE, SYDNEY... ... ... ... ... ... 281

PUBLIC WORKS OFFICE, .SYDNEY ... ... ... ... ... ... 287

HAMPDEN BRIDGE, WAGGA WAGGA ... .. ... .. ... 288

BRIDGE OVER DARLING RIVER AT WENTWORTH ... ... ... ... 291

STEAM CRANE, DARLING HARBOUR ... ... ... ... ... 293

ST. Andrew's cathedral, Sydney ... ... ... ... ... 312

THE UNIVERSITY, SYDNEY ... ... ... ... ... ... 321 ^

MAPS —

NEW SOUTH WALES ... ... ... ... ... ... ... 1

.SHOWING AVERAGE RAINFALL ... ... ... ... ... 6

SHOWING AVERAGE TEMPERATURE ... ... ... ... ... 6

PORT JACK.SON ... ... ... ... ... ... ... 51

CITY OF .SYDNEY ... ... ... ... .. ... ...at eud

NEW SOUTH WALES RAILWAYS, &C. ... ... ... ... ... at end

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INTRODUCTION.

The purpose of this book may bo very briefly told : As there are
stages in the life of the individual when he naturally pauses, or is
made to pause, and takes stock, so to say, of his actual position, his
profit or loss account to date, his probable or possible prospects
for the future, so there maybe in the case of a community. Such a
time in the affairs of this community to the projectors of this
volume appeared to be the present. We are on the eve, rather, at
the starting point of a totally new departure in our political and
commercial, and therefore, it may be hoped, in our industrial and
social, career ; and in order that due note may be possible here-
after of our progress or otherwise, it behoves us to know exactly
to-day, in all these respects, where we start from. Hence the
engagement of experts in all these departments, and in every
branch of them, to set down, in no great detail indeed, which
would swell the volume to a library, but with absolute accuracy,
precisely where and how we stand at the present moment in regard
to each ; and hence, we think may be added, within the covers of
this book one of the most marvellous records ever written of any
country in the world.

It is perhaps needless to say that the credit of the inception of
this work rests with the same bold, busy brain to which also is
due mainly the new departure it is meant to mark. It was the
present Premier, the Hon. G. H. Reid, who first suggested the
idea of some such publication, which, with his long experience in
such matters, was speedily put into form by the publisher, the
Government Printer, Mr. Potter, to whom also is due chiefly the
excellent choice of writers to deal with the several subjects. Any
editor might well be proud of such an array, and the present one
may fairly take this opportunity of saying that an easier task than
his, so far as any revision or correction of his contributors is con-
cerned, probably never fell to editor's lot Doubtless this was due
mainly to his contributors' own perfect competence, and something
perhaps may be put down to the inspiration, so to say, of the mar-
vellous tale which many or most of them had to tell. As he must
be a dullard indeed who can read some of the papers in this book

viii INTRODUCTION.

describing the wondrous achievements within little more than a
human lifetime, and the yet more wondrous possibilities of this
young land without feeling a glow of patriotic pride that he
belongs to such a country, so he must be doubly a dullard who
could write them without himself being moved with something of
the spirit of the brave deeds or bright visions he was recounting.
This in truth has been the editor's chief difficulty — rather to restrain
the zeal of some of his contributors, if not exactly in painting the
lily or gilding the gold, at any rate in making what was meant to
be simply a plain matter-of-fact record of Australian progress read
like nothing so much as an Arabian Nights tale. Not indeed
that even that would be in every case such an extravagance. There
have been marvels, not to say miracles, in Australia's short story,
outrivalling Sindbad's ; magical transformations — witness Ballarat
or Broken Hill — to which Aladdin's palace was the merest mush-
room. But the object of this book being to set forth, not the
romance, nor even the wonder of the country's progress, but the
plain facts of its position to-day, and chiefly the practical side of
that, there has necessarily been som^e pruning in this direction, and
hence if any of these papers seem wanting in the warmth or colour
proper to the subject, let it be put down to the strictly business
scruples of the Editor, and not to any lack of enthusiasm on the
part of the writers.

Of course there are subjects dealt with here which needed no
such precautions. It would have been difficult for instance for
Professor I'itt Cobbett to "enthuse" much on his subject, the
]^aw and Constitution of New South Wales, admirable as on the
whole both are, or for ]Mr. Harris Curry on his, the Laws relating
to Crown Lands, though he does properly describe them as
" characterised by comprehensiveness and liberality." Both these
papers will be found excellent digests of their respective subjects,
and for all interested in either subject — and who are not ? — very
useful for reference. Commerce and speculation naturally go to-
gether, and doubtless in some quarters, in a sense, the most purely
speculative papers in the book may be said to be the commercial.
To some extent this was inevitable, since, as one of them admits,
the change in the fiscal policy is still too recent to allow of any full
or fair judgment, much less positive prediction, as to its results.
At the same time it can hardly be called mere speculation to say
that "with the loosing of her fiscal bonds the commercial supremacy
of New South Wales is assured," seeing that that appears to have

INTRODUCTION.

been very fairly maintained, even without the loosing, and consider-
ing- — which perhaps, after all, has had more to do with the matter
— this colony's immense natural advantages. In any case no one
can cjuestion the ability and perfect knowledge of the subject with
which these papers — by IMessrs. Nash and Rendall respectively —
are written, while he must be a very rabid opponent of the new
policy who will not join in the hope that their most sanguine
anticipations of its results may be fulfilled. Another paper of
marked ability is that by the first-named of these two writers, on our
railways — in their splendid success, under the management of ]\Ir.
Eddy and his fellow commissioners, not the least remarkable of the
many instances in these pages of the country's progress. Accord-
ing to this writer, not only are they " the most efficiently main-
tained., the best managed, and the most profitable of all the state
railway systems of Australasia," but in many important respects,
"will stand comparison with the admirably maintained railways
of the old country," and he adds, " cannot by men like myself,
Avho have studied the working of the railways of the United King-
dom and elsewhere, fail to be viewed with admiration." It
would be difficult to overrate the value of such a paper as this, in
the proper appraisement to the world of one of the country's prin-
cipal assets, and the confounding of those who are in the habit of
criticising the working of our railways without studying anything,
except, perhaps, the display of their own ignorance or spleen.

To the general public, however, the papers of most interest and
value will probably be those treating of the country's several great
industries hi esse or in iwsse, her productions, and grand natural
resources. It is not too much to say that here may be found, set
forth by the most competent authorities, a complete course of infor-
mation and instruction on every phase and feature of the country's
practical development ; and it may be noted that while the older
industries are dealt with as fully as the exigencies of space would
permit, not less attention is given to the very newest, or to those
later developments, in each and all, on the intelligent study and
prosecution of which depends so largely the future progress of the
colony. Thus, while the great pastoral industry in its more familiar
aspects is ably dealt with in the papers by IMessrs. Bruce and Wright
on Live Stock and Wool respectively, it assumes quite a new or at
least even larger importance in the admirable paper on the ]\Ieat
Export Trade by that undoubted enthusiast on the subject, Mr.
Cuthbert Fetherstonhaugh, whose vision of Australia, and specially
b

INTROD UCTION.

New South Wales, becoming the chief or one of the chief food pro-
viders to the hungry millions of the old world, if realized, must
certainly, in his own words, " soon restore the great pastoral
industry to its pristine preeminence." As much may be said of
the papers by jNIessrs. ]\IcKinney and Boultbee respectively, on
Water Conservation and Artesian Boring, setting forth the incalcu-
lable benefits to be derived not only by the pastoral industry but
by the country generally from a thorough system of irrigation,
as the one writer has it, " giving encouragement to dreams of
progress and development, even in the most arid districts, far beyond
the conception of the present nomadic, purely pastoral population,"
or as the other, " equivalent to the addition of a new province."

Then there are the group of papers relating to the several
branches of agriculture, following the excellent one by Principal
Thompson, of the Agricultural College, on the main subject. These
include every conceivable phase of this great industr}'-, from grain-
growing to tobacco culture, wine-growing to butter-making, and
may be said to form a veritable farmer's vade mecum, wherever in
this wide country of infinitely varied soil and climate, and therefore
of production, his lot may be cast. Principal Thompson's paper may
be specially noted both for its eminently practical character and
the excellent account it gives of the work being done in the way of
agricultural education under the auspices of the Department of
Agriculture, established in 1890 by the present Minister for ]Mines,
etc., the Hon. Sydney Smith. Certainly it would seem to be all
needed, for though the Principal of the Agricultural College is
naturally sanguine as to the future of agriculture in this country, his
conditions are absolute. There must be, he declares, much im-
jDroved methods of culture, more intense cultivation, a better system
of rotation of crops and more careful husbanding of resources, all
directed to the raising of only the best class of products. In a word
agriculture must be made a science. And when we are told that the
course of education at the Agricultural College includes, besides all
practical farm work, such subjects as the principles of agriculture,
agricultural chemistr}^, botany, geology, physics, mechanics, &c.,
that the Department of Agriculture is for ever gathering and dis-
tributing fresh information for the farmers, and that at the several
experimental farms throughout the country tests are being made as
to the best crops and methods of culture for the special district,
there is evidently good hope that the requisite scientific knowledge
will be supplied.

INTRODUCTION.

The much neglected Fish and Timber industries find sympathetic
treatment at the callable hands of Messrs. Ogilby and Maiden,
■which, it is hoped, may tend somewhat to their improvement.
Much useful information as to the IMining Industry is furnished by
the Chief Inspector of Mines, Mr. Slee ; and a series of thoughtful
papers by ]\Ir. Frank Donohue and others deal fair]}-, if not very
fully, with the several features of our social and educational progress.
But why run further through the long list r The book is here to
speak for itself, and may be described generally as a sort of literary
panorama (though necessarily, from the purely practical character
of most of the papers, with few literary pretensions) of the
present condition and prospects, from almost every point of view,
of the Colony. That it will altogether escape criticism, of course,
cannot be expected ; that it will answer largely its main purpose
as an authentic record of the country's progress up to date, and
further, as spreading far and wide, both among her own people and
those of other countries — the book has been translated into French,
and will be well distributed — a fuller knowledge and appreciation
of the splendid resources and cajoabilities of this glorious land, ma}',
the Editor thinks, as certainly be hoped.

FRANK HUTCHINSON.

PUBLISHER'S NOTE.

IHE Publisher desires to express his acknowledgments for assist-
ance, in the way of illustrations and otherwise, to —

The Several^GovERNMEXT UNnER-SpXREXARiES,
^Messrs. Dalgety & Co ,
Messrs. Winchco:mbe, Car.son, &: Co.,
^lessrs. Geddes, Birt, t^ Co.,
Messrs. Scott, Sibisald, & Co.,

The Proprietors of the "Australasian Pastoral Review,"
The Proprietors of the " Stock and Station Journal,"

and Others.

Physical Geography and Climate.

By H C Russell, B.A., C M.G., F.R.S., Government Astronomer.

Very early history points definitely to the knowledge of a great south
land, the " Terra Australis incognita/' and the stories which were told
of its gold and other treasures for ages inflamed the minds of the
adventurous navigators of those early days. Later the actual Australia
seemed to contradict these stories, but colonisation and exploration show
that there was a solid basis of fact as to the enormous natural treasures
of gold and precious stones, and many invaluable stores of other
minerals, which fully justify the dreams of early navigators. Whether
the natives ever did barter gold for European or Asiatic products cannot
be decided now, but the fact remains that the old myths about Australian
natural wealth are fully borne out by actual experience. These earlier
references to Australia treated the country as a whole. Our present
purpose is to deal only with New South Wales where the first colonists
landed. It is only a fraction (one-seventh) of the whole continent. Its
eastern boundary is the coastline between latitudes 28° 15' and 37" 30'
south, the northern boundary is the 29" parallel south latitude, except a
small distance near the coast whore the river Macintyre and the Moun-
tains come in and are used. The western boundary is the 141st meridian,
and the southern boundary is the river Murray. Its climate is without
doubt that of the best part of Australia, and very similar to that of
Southern Europe, with extremes that place the hottest point of New
South Wales on Sicily, and its coldest town, Kiandra, with an elevation
of 4,600 feet, upon Edinburgh.

General Features.

New South Wales is divided by its natural features into three distinct
areas in which there are essential cliffei'tmces of climate.

First we have a strip of country 800 miles long bounded on the one
side by the ocean, and on the other by the mountain chain, known as
the coast districts. This area varies from 30 to 150 miles in width, and
in it there are no less than fifteen considerable rivers — a good index of
the general abundance of rain on the coast, which ranges from 36 to 76
inches. About these rivers there is found an abundance of first-class
agricultural soil, a genial climate, with rain and sunshine alternating, and
hence a natural forest of luxuriant growth, only a part of which has been
brought under the plough. The details of the climate on the coast as to
the distribution of temperature and rainfall will be found in the accom-
panying charts, and it is only necessary to add that in the summer the
prevailing winds which ai'e from east to south are cool and pleasant.

The numerous rivers, of which we will say more presently, make
this coastal area a well-watered country, and greatly facilitate the
transport of agricultural products to the Sydney and other markets.

NFW SOUTH WALES.

The second division likewise extends tlie whole length of the Colony
and comprises the whole of the high lands ranging in altitude from
1,000 to 7,000 feet; the greater part, however, is from 2,000 to 3,000
feet. Here, also, the rainfall is abundant, from 26 to 50 inches per
annum, and, as a consequence of this rainfall rivers and smaller streams
are very numerous, making this section of the Colony a well-watered
area. {See maps.) There are vast areas here of first-class soil for the
growth of cereals and fruit, and all of this section is good for pastoral
purposes.

The third division includes the great plains of the w^est intersected
by the Darling, Lachlan, Murrumbidgee, and Murray, with many
smaller rivers. The rainfall varies from 10 inches in the extreme west
to 2-5 inches in the eastern part. [See maps.) The soil is chiefly good
for pastoral purposes, the rainfall being too small for agriculture,
except in the south-eastern part, wdiere the comparatively abundant
rains of winter, spring, and summer, coupled with most suitable soil,
make wheat-growing a profitable investment, and the finest wheat
of Australia is grown here. In the early days of the Colony much of
this flat country was without sui'face water in dry years; but a large
capital has been devoted to making tanks that are invaluable and the
wells of artesian water afford an abundant and perennial supply. Of
these an enormous number have been made, which yield, literally,
rivers of water, and the number is being added to every year. Prac-
tically these wells and bores have solved the difficulty as to surface
water in dry seasons. The distribution of rain is best seen in the small
map of rainfall ; and the temperature map gives the seasonal tempera-
tures_, the mean, and the highest and lowest temperatures.

Inland Rivers.

The inland rivers of New South Wales are the longest and most
important in Australia. The Murray, which is the most permanent,
has never been known to be dry. Fed, as it is, by the snows of the
vSnowy Eange, capped by Kosciusko, the highest point in Australia,
it is always in flood in summer, for the summer melts the snow. It is
navigable for 1,703 miles, 1,216 in New South Wales, and 487 in
South Australia. The Murrumbidgee, its chief tributary, is 1,350
miles long, and the Lachlan, its other tributary, is 700 miles long.

The Darling is really a tributary of the Murray, and discharges into
it at Wentworth ; but it is by far the long-er river of the two, and is
navigable from Wentworth to Walgett, 1,758 miles. It must, however,
be understood that its existence depends upon rain. Its tributaries are
important streams measured from the Darling to their sources : —

Tributary. Miles long.

Culgoa 1,.124

Warrego... ... ... ... ... ... 1,210

Macquarie ... ... ... ... ... 750

Namoi 600

Bogan ... ... ... ... ... ... 450

Gwydir ... ... ... ... ... ... 445

Macintyre ... 350

From the head of the Culgoa to the sea, via the Darling and Murray^
is 3.869 miles.

PHYSICAL GEOGRAPHY AND CLIMATE. 3

Coast Rivers.
It lias already been sliown tliat the coast district lias abundant rain,
the annual fall ranging from 36 to 76 inches. Most of this rain is
brought in by easterly winds, laden with moisture, which, when they
reach the mountains, rise up over them ; and in doing so they drop
abundance of rain in accordance with a well-known law of nature that,
if a cloud rises it drops some of its moisture, and this abundant downfall
feeds the numerous rivers. We find, then, no less than fifteen rivers of
various sizes, but all helping for navigation and the general water supply
necessary for husbandry. Beginning, we pass these rivers in review :

1. The Tweed River flows into the sea at the northern boundary of
the Colony, its abundant stream is fed by the rain on the highest of
the coast mountains ; it flows to the north-east 30 miles, but its naviga-
tion is by its bar harbour made only possible to small craft.

2. The Richmond Eiver, immediately south, rises in part in the same
high range as the Tweed, and flows through some rugged pastoral
country and large areas of very rich soil, parts of Avhich are covered
with valuable timbers, and it reaches the sea in 120 miles, and drains
an area of 2,400 square miles. It is navigable in one branch to Casino
40 miles, and the other branch to Lismore 65 miles. Products, sugar
and tropical fruits.

3. The Clarence River. Rising in the mountains it reaches the sea
after a course of 240 miles, in latitude 29" 26'. It is one of the finest
rivers of the east coast, and drains an area of 8,000 square miles, which
is rich in minerals and tropical vegetation. Climate perfect in winter,
but warm as Southern Europe in summer; it is, however, tempered by
the trade wind, and abundant rains. The river is navigable for 136
miles, and is in places half a mile wide.

4. The Macleay River rises in the northern tablelands, flows through
magnificent gorges, with many waterfalls, one of which is 240 feet ; in
places the mountains rise almost perpendicularly from the river to 3,000
feet. The river is 200 miles long, passing through a country very rich
in timber, it drains 4,800 square miles, and is navigable for 30 miles.

5. The Hastings is a fine stream flowing into the sea at Port
Macquarie. It drains 1,400 square miles of country, with abundance of
fine timber and rich alluvial soil.

6. The Manning River rises in the mountains near Nundle, flows
easterly through a fine timber country and rich soil, draining an area
of 3,000 square miles ; navigable 20 miles.

7. Karuah River rises in the Mount Royal Range, flows for 45 miles
through rich agricultural soil to the sea at Port Stephens. It drains
an area of 600 square miles.

8. The Hunter River rises in the Liverpool Ranges, and makes a
south and east course for 200 miles to the sea at Newcastle ; it drains
7,900 square miles, and is navigable for large steamers 35 miles. The
Williams, one of its tributaries, is navigable for 20 miles to Clarence
Town; and the Paterson, another tributary, is navigable 18 miles. The
whole of the Hunter River district is very rich in pastoral and agricul-
tural products; it is famous for its vineyards, its corn, and its tobacco;
and minerals are not wanting, the finest deposit of coal in the Colony
is found here.

NFW SOUTH WALES.

0. The Hawkesbury is another very fine river, which rises in the
CulLarin Range and flows northerly for 190 miles ; then its course turns
to the east, and near this point it is joined by large tributaries, the
Colo and the Macdonald. Sections of the river are, unfortunately,
known by different names, the upper portion being the Warragamba,
the central portion the Nepean, and the rest the Hawkesbury. The
r;ver is navigable 140 miles, to Windsor, and in its lower reaches the
scenery is magnificent, far exceeding Sydney Harbour in grandeur and
extent, but of the same genei-al character. The alluvial lands of this
river were the first wheat fields of the young colony, but wheat has
long since given place to lucerne, a far more profitable crop. The
whole length of the river is 330 miles, and it drains an area of 8,G00
square miles, and has eighteen tributary streams.

10. The Shoalhaven River is the largest of those south of Sydney. It
takes its origin in a swamp called Carombars, at an elevation of 2,800
feet. This river is 2G0 miles in length, and drains an area of 3,300
square miles. In its upper reaches it passes through very rough coun-
try, in which minerals abound, especially gold. In its lower reaches
it flows through rich agricultural land. Owing to obstacles in the
river, it is only navigable for 12 miles.

11. The Clyde River is an important stream, taking its rise in the
Pigeonhouse Mountain, and flowing 70 miles in a southerly course to
Bateman's Bay ; it drains 450 square miles of country, which is rich in
dairy and agricultural land.

12. The Moruya River rises near Araluen, and flows 80 miles to S.E.,
into a wide estuary. This river drains 350 square miles, and is the
only outlet by water of the rich auriferous districts of Araluen and
Braidwood. In its lower reaches are found magnificent alluvial flats.
In its upper course it passes through rugged country containing abun-
dance of gold-bearing quartz and very rich silver ore. The river
abounds in fish and oysters.

13. The Turas River rises in a lofty mountain known as Barren-
Jumbo, and takes a N.E. course through rich pastoral and mineral
lands. It drains 600 square miles of country.

14. The Bega River is a fine stream, rising in the coast ranges and
flowing east 60 miles to the sea thi"Ough a rich pastoral and agricul-
tural land. Great quantities of butter, cheese, &c., are produced in the
district, while amongst its mineral stores are abundance of coal and
kerosene shale.

15. Towamba River rises in the eastern slopes of the coast range;
thence it flows 40 miles through a rich pastoral and agricultural dis-
trict into Twofold Bay, 280 miles south of Sydney. This is the port
from which cattle for the Tasmanian market are shipped.

Neglecting the smaller streams and the portions of these rivers which
could easily be made navigable by the removal of a few trees, we have
in actual use 5 15 miles of navigable water in our coastal rivers.

Ilarhoiirs.

New South Wales has a coast-line of 800 miles on which, compara-
tively, very little stormy weather is experienced.

liefore the coast was well lighted easterly gales were dangerous,
but now the lighthouses guide the mariner into the places of shelter

PHYSICAL GEOGRAPHY AND CLIMATE, 5

wliicli arc numerous. Bog"iunin<j' on tlio south wu luivo Twol'dld Bay,
a line harboui" in latitude o7° S. Another at Jervis J5ay, 35" G' 8. ;
Botany Jiay, 12 miles south of Sydney. Then Port Jackson (Sydney
Harbour), latitude 3o° 50' S. ; Broken Bay, 11 miles north of Sydney;
Newcastle, the mouth of the river Hunter, GO miles north of Sydney ;
Port Stephens in latitude 82" '15' ; Shoal Bay, the estuary of the Clarence
River, latitude 29° oO' with a number of smaller harbours.

Temperature and Rahifall.

Table showing the Temperature and Rainfall of various places in

Europe and America (//( italics), and New South Wales (in
Roman).

Places.

Kiandra

Dumjtrlino ...

Boston, U.S.A.

Edinbim/h ...

NotliiKjham ...

Oxford

Mdiichester ...

Liverpool

Dublin

Haarlem

Bombala

London

Paris

Vent nor

Plymouth ...

Cooiiia

Helston

Monaro Plains

Neio York ...

Qneanbeyau

Swansea

Mount Victoria

Boulogne

Pavia

Milan

All Lombard 1/

Orange, N.vS.'W.

Toulouse

Uoulburn

Moss Vale ...

Batlmrst Plains

Armidalo

Washinijlon ...

Bordeaux ...

Bat hurst

Tentertield ...

Faulconbriilge

Madrid

Marseilles . . .

Young

Latitude.

u .

UiC

U Q)

5 -2

73 ^

-- s

eg.

C P-

S.2

S-w

■^-o

35 52 S.

£0 5 N.
J,2 20 N.
55 57 N.
52 57 N.

53
53
53

45 N.

29 N.

UN.

i3N.
36 52 S.
51 32 N.
48 SON.
50 35 N.
50 22 N.
36 12 S.

50 7N.
36 S.
41 6 N.
35 20 S.

51 3SN.
33 36 S.
50 44^'-
45 UN.
45 27 N.
45 30 N.

33 18 S.

43 36 N.

34 45 8.

34 32 S.
33 30 S.
30 32 S.

35 52 N.

44 50 N.
33 24 S.
29 5 S.

33 44 S.
40 25 N.
43 ISN.

34 18 S.

•

45-8

57-3

341

102-3

45-3

55-3

2S-^

47'5

70-2

27-3

95-5

47-5

5S-0

3S-0

4S-1

59-9

37-2

92-5

4S-G

GO- 4

37-0

4S-8

59 -S

38 -3

91-2

49-4

GO -2

39-9

85-9

50-0

Gl-1

40-7

50-0

02 -6

37-0

55-3

66-1

43-6

104-1

50- S

G2-9

39-5

95-0

51-3

G4-7

37-8

104-0

51-6

G2-0

41-7

82-0

52-0

GO-S

42-4

54-0

65-5

41-7

107 -i

52-4

Gl-6

43-9

90-0

53-2

70-9

30-1

97-0

57-1

70-0

43-6

109-4

53-7

G3-7

45 '5

54-5

65-7

42-6

106 -b

54-4

67-2

40-2

54-s

73-0

36-0

55-0

73-0

36-0

55-0

67-3

42-4

100-2

55 -2

GO-1

41-2

104-0

56-6

67-9

44-3

109

55-9

G6-4

44-5

103-7

55-5

56-5

67-7

44-4

105-2

50-9

7G-7

37-8

102-0

57-0

71-1

43-0

56-9

69-7

440

112-5

59-1

69-6

47-2

1071

57-6

661

47-8

92-3

57 -G

74-1

42-1

5S-3

72-9

45-2

61-4

73-7

491

113 -4

9 20-0

'ii-b

G-'l

'3-0

16-2
25-0

17-1

5-0

'^10-3

21-0

12-2

18-0

2-0
201

11-9

16-0

12-7
130
22-9

13-9

3-0

13-0
12
34-4

20-9

inches.
64-3

25-0
47-7
24-9
2-'-7
riG-5
33-0
37-0
30-0
23-0
25-7
24-0
22-9
25-5
39-0
20-2
35-3
20-0
40-5
24-7
43-0
38-7
30-5
35-3
33 -0
30-0
39-9
2^-9
27-1
41-1
25-0
33-1
44-4

33-3
24-7
31-9
53-6
14-9
19-0
28-6

* Dcarrees below zero.

N£W SOUTH WALES.

Table

showing Temperature

and

Rainfall —

-contimied.

u .

tat;
•3 "^
1g

Places.

Latitude.

c 0.

c 8,

0) a)

2J g

§ a

a £

-c^

^.a

o /

inches.

luverell

. 29 48 S.

60-4

73-5

108-6

13-4

32-8

Montpellier ...

. 43 36N.

59 -o

70-0

101-5

*o-4

20-0

Mudgee

. 32 35 S.

62-3

74-3

114-4

17-6

27-8

Albury

. 36 6S.

60-5

73-9

117-3

20-2

29-3

Liverpool, N.S.W.

. 33 56 S.

59-8

70-8

106

22-0

40-3

Deniliquia . . .

. 35 32 S.

61-5

74-1

121-1

18-0

17-4

Nice

. 43 UN.

60-1

72-5

35-5

Murrurundi

. 31 46 S.

60-4

72-3

107-3

19-6

33-6

Wagga Wagga

.35 7S.

60-7

74-5

113-4

18-4

23-7

Eden

.37 OS.

60-3

67-9

106-0

29-3

36-9

Borne

. 41 54 N.

GO- 5

74-2

100-4

19-6

5C-9

Dubbo

. 32 18 S.

63-1

76-4

112-9

170

23-6

Forbes

. 33 27 S.

62-9

76-8

118-4

24-0

22-2

Cassilis

.32 OS.

61-1

74-7

111-7

21-5

25-3

Lisbon

. 3S 43 N.

01-5

70-9

101-8

24-7

29-3

Cape St. George

. 35 12 s.

61-8

69-2

105-2

25-5

55-0

Naples

. 40 SON.

G2-0

74-4

104-0

23-0

39-3

Wollongong

. 34 25 S.

m-1

69-9

106-9

31-9

44-0

Scone

. 32 4S.

62-2

74-4

114-2

22-2

25-1

Barcelona ...

. 41 22 N.

62-4

76-1

.^i-.^

Toulon

. 43 7N.

02 -3

75-2

i9-7

Sj'diiey

. 33 51 S.

62-9

70-7

108-5

35-9

50-6

West Maitland

. 32 47 S.

64-1

74-7

109-9

24-0

36-1

Port Macquarie

. 31 25 S.

64-2

72-1

97-6

30-4

64-1

Windsor

. 33 36 S.

64-5

74-6

118-8

21-5

33-6

Newcastle ...

. 32 55 S.

64-6

72-4

107-5

31-3

49-2

Wentworth . . .

34 8S.

64-4

77-1

1190

12-6

Muswellbrook

. 32 17 S.

64-5

76-7

117-6

20-0

24-0

Oranrje, France

. 44 7N.

€5-0

83-7

106-5

"^0-4

30-3

Bourke

.30 3S.

69-7

83-6

127-0

28-0

17-0

Messina

. 3S UN.

65 -S

77 -.2

3/t-O

Narrabri

. 30 20 S.

81-1

118 -9

18-4

21-1

Grafton

. 29 43 S.

68-5

77-1

1180

20-9

40-1

New Orleans

. 30 ON.

69-8

82-0

94-0

31-0

52-0

Cairo

. 30, 3N.

72-3

85-1

58-2

* Degrees below zero.

!ibr*i2 uf '*i4

"si^iiiS^nAa? ' i7i -i9i 20-2i§r' ij^' _

12r-13l 1^19''5|^;a3l3€

1 '^ "^-i • IS - . lo A-Tq

l99i2(i^26atSi^3S>^ *"RAC£ RAINFALL
^""JSi 16 ■ J^r ^^^W$:- MAP

.;:i::4=^*?-=T- r-*^/ ,^^>»- NEW SOUTH WALES I

^a"''i^>.__r5-^_-4--=^?=£.- J rr/ ^^ new iSOUTU WALEI

1 IS^ISI jrFf 191 :f2©^3i^^4;Sr ■ .=.'riT^r-^--'

m m

^20^ 26 29i 39;^" average rainfall

VpIW^,:. ---d^f 5^,^ HEW SOUTH WALES

J^ -^^fi^^-.f — ""^"^^ I

The Constitution and Laws.*

By Pitt Con»ETT, Challis Professor of Uw. in ,he Univcr^iij- of Sjdnuj-.

Earlier Farms of Government.
The first settlement of New South Wales dutea back to the year
1788. The history of the govc-rnmont of the Colony since that time
may be ronghly distributed into four periods :— f I ) A period of miHtarv
.,.1 d.-|>.t.' ,'..v..rnn.ent, extv,.l,„t: fr-.m i7.S8 to 182.1,- nd.pfed

itili conducted by officials who were ftppointed by
ro the Home Government ;' and (4) A period of

The Present ConstUuKm — (i) The Impmal BlemmL
Tho Colony, although it possesses a domestic constitution of its own, is
strictly a dependency of the British Empire. This involves the exist-
ence of two sets of legislative, executive, and judicial authorities — the
one imperial »nd the other local — the line between whose jurisdictions
IS not always clear and is often drawn in one way by law and in
another by coiivtution. Of the Imperial element it will be suBioient
'" '■''■ '■ '' ■ '' I'l' -> iitcd by two fundamentalprinciplesorfactora —

8 K£W SOUTH WALES.

the supremacy of tlie Imperial Parliament, and the Royal prerogative.
The former, although still an active principle, is greatly limited iu
practice by considerations of policy, under which imperial legislation
is virtually confined to matters of general or imperial concern and to
cases M'here such intervention is requested by the Colony itself.* The
prerogative powers of the Crown in relation to the Colony have not
only been considerably modified by statute,*" but are still more largely
qualified by the convention which precludes the Crown, under ordinary
circumstances, from interfering in matters of local or domestic concern.
These powers, moreover, are no longer wielded by the Crown itself,
but by a minister responsible to the Imperial Parliament — the Secre-
tary of State for the Colonies." From icithcmt, the Royal preroga-
tive manifests itself mainly in two ways — (1) the control which is
still exercised by the Secretary of State over colonial legislation
and over the colonial Governor ; and (2) the maintenance of the
appellate jurisdiction of the Crown as exercised through the Judicial
Committee of the Privy Council. Within the Colony, the pre-
rogative powers of the Crown, so far as they are delegated to the
Governor, still constitute the basis and measure of local executive
authority, except indeed in so far as they have been modified by local
or imperial statute."^

(ii) The Local Element.

So far as relates to local affairs, therefore, the Colony enjoys the
fullest measure of self-government. Its domestic constitution rests
partly on statute," partly on the common law,*^ and partly on conven-
tion.^ Its groundwork is furnished by the Imperial statute 18 and 19
Vic, c. 54, to which the local Constitution Act is appended by way of
schedule.'' The latter has, however, been considerably modified by
later acts, such as the Constitution Act Amendment Acts of 1857, 1884,
and 1890, the Triennial Parliaments Act of 1874, the Parliamentary
Representatives Allowance Act of 1889, and the Electoral Act of 1893.'
The chief factors that require to be noticed in connection with the
local constitution are the Governor, the Legislature, the system of
Administration, and the Judicial system.

" As illustrations of the former class of cases we may take Foreign Enlistment and
Extradition Acts ; as illustrations of the latter, the passing of the Federal Council of
Australasia Act, 18S5, and the proposed reference of the Federal Constitution to the
Imperial Parliament.

'' 18 and 19 Vic, c. 54, sec. 2 ; Constitution Act, sees. 47 and 48.

^ Anson, Law and Custom of the Constitution, ii. 249.

'' For a judicial recognition of this principle see ex parte Leoiuj Kum (7 N.S.W. R. at
p. 262), which on this point is not affected Ijy the later decision in Chun Tecong Toy v.
Musiirove. (1891, App. Ca. 272).

'• The statutes affecting the Constitution are partly imperial, such as 9 Geo. IV, c.
82, 18 and 19 Vic, c. 54, and the Colonial Laws Act, 1865 ; and partly local, such as the
varioiLS Constitution Act Amendment Acts 1857, 1884, 1890. With them we may class
orders and regulations made under this authority.

^ The Letters Patent and Instructions take effect under the Royal prerogative as it
exists at common law.

f-' The Ministerial system rests on convention, the only reference to it in the Consti-
tution Act being found in sec. 37.

'' The Constitution Act is not strictly a .local statute, having been altered by the
Colonial Office before being assented to by the Crown.

' Strictly the Parliamentary Electorates and Elections Act, 1893.

CONSTITUTION AND LA WS.

The Office of Governor.
The office of Governor is constituted by Letters Patent from the
Crown nnder the Great Seah The present Letters Patent In-ar date
the 29t]i April, 1879. The powers and duties annexed to the office
are conferred partly by this instrument/ and partly by Imperial or
local statute."' The permanent Instructions, also, provide a standing
body of rules for the guidance of the Governor in the exercise of the
duties conferred on him. The present Instructions bear date the 'Jtli
July, 1892. They may, however, at any time be supplemented by
particular or further instructions issued by the Secretary of State.
The duties of the office, as thus constituted, may be discharged either
either by the Governor himself, by the Lieutenant-Governor, or by an
Administrator of the Government ; a separate commission being pro-
vided for each of these officers. The Governor himself is appointed by
the Crown, on the recommendation of the Secretary of State, and holds
office at the pleasure of the Crown, although the usual tei-ni of office is six
years.'= His salary is at present fixed at £7,000 a year, this sum being
charged on the Consolidated Fund. The commission of the Lieutenant-
Governor is usually issued to the Chief Justice of the Colony, but is only
operative'' in the event of the Governor dying or becoming incapable or
departing from the Colony. It is also usual to issue a third commis-
sion to the President of the Legislative Council or some other high
official, authorising him to administer the government in the event
of both Governor and Lieutenant-Governor being unable to act. But
both these commissions may at any time be superseded by a special
commission issued to any other person. The Governor is the connect-
ing link between the Imperial and local authorities. His functions
may be roughly grouped under three heads : — (1) Those attaching to
him as the local representative of the Imperial Government. Here
he acts not as a local constitutional ruler but as an Imperial officer
subject to the Secretary of State for the Colonics.'" In this capacity
he is the medium of communication between the Imperial and local
authorities ; and exercises also certain powers of reservation in regard to
colonial Bills. (2) Those attaching to him as the titular head of the
Colonial Government. In this capacity he is charged with a multitude
of functions relating alike to legislation, administration, and judica-
ture. These functions he is required to exercise, for the most part, on
the advice of his Ministers, who are in their turn responsible to the
Legislature. Even here, however, he is invested with some discre-
tionary power, the nature of which will be referred to hereafter.
(3) Those attaching to him as the representative of the Crown, in its
august capacity. These functions are for the most part of a formal or
ceremonial kind, and their exercise depends on his own judgment and
discretion. It is at this point that the Imperial and local aspects of
his office blend, and it is hard to say which predominates.

a ,S'ce Letters Patent, cl. 2, 5, 8 to 11. , ri i

^ Constitution Act, sees. 2, 7, 9, 37, 54, 55. There are also a vast number of local
statutes which confer administrative powers on tlie Governor, to be exercised ou the
advice of the Executive Council.

"^ Colonial Office Regulations, 1894, No. 7.

'^ Except for the purposes of precedence.

« On this subject generally, see Todd, Government of the British Colonies, ch. xviii.

lO NEW SOUTH WALES.

The Legislature.

The Legislature of the Colony is made up of the Sovereign^ who is
for this purpose locally represented by the Grovernor^ and two Houses
of Parliament — a nominee Council and an elective Assembly.* This
body is invested by statute with a general legislative capacity, in-
cluding the power of making changes in its own constitution and
judicial system,'' subject only in certain cases to the necessity of
reservation." Its powers are, however, limited — by the principle of the
supremacy of the Imperial Parliament, in virtue of which any colonial
enactment that conflicts with the provisions of an Imperial statute
extending to the Colony is deemed to be inoperative and void;'' by the
principle of territoriality, in virtue of which a colonial enactment is pre-
cluded from having any extra-territorial effect, except where authorised
by imperial statute f and also by certain provisions restricting the
imposition of certain kinds of fiscal duties.^

The Legislative Council.

The Legislative Council consists of not less than twenty-one mem-
bers, who are appointed by the Governor on the advice of the Executive
Council." The present number is sixty-eight,'' of whom one-fourth con-
stitute a quorum.' There are certain personal qualifications, but no
property qualification. Four-fifths of the members at least must consist
of persons not holding any office of profit under the Crown.J Subject
to certain provisions as to the vacating of seats and resignation, mem-
bers hold office for life."" The chief officer of the House is the Presi-
dent, who is appointed by the Governor and Executive Council from
amongst the members. Although appointments to the Upper Chamber
can only be made by the Governor on the advice of the Executive
Council, yet it would seem that the Governor possesses a discretionary
power of refusing to act on such recommendation in certain events; as
in the case where there was good ground for believing that such
recommendation would not be endorsed by the Legislature or the
constituencies.'

The Legislative Assembly.

The Legislative Assembly consists of 125 elective members, of whom
twenty, exclusive of the Speaker, constitute a quorum." Members
are subject to certain qualifications imposed by the Electoral Act 1893,"
and the Constitution Act." Of these perhaps the most important is
that which excludes any person holding an office of profit under the
Crown, with the exception of the chiefs of the nine great administrative

» Constitution Act, sec. 1. '' IS and 19 Vic, c. 54, sec. 4 ; 2S and29 Yic. c. .36, sec. 5.

'' Reservation appears to be still required l^y statute in the case of certain bills, such as
bills altering the electoral system. See 13 and 14 Vic, c 59, sec. 32 ; and 18 and 19 Vic,
c 54, sec 3. The non-observance of this requirement led to the passing of the Colonial
Acts Confirmation Act, 1894.

•> 28 and 29 Vic, c. 63, sec. 2. ' Beg. v. M'Leod (L.E., 1891, App. ca., 455.)

''Constitution Act, sec. 45 ; 36 and 37, Vic, c 22, sec. 3.

s Constitution Act, sec. 2 ; and Letters Patent, cl. 11.

•' November, 1895. ' Constitution Act Amendment Act, 1890.

J Constitution Act, sec. 2. '^ Constitution Act, sees. 3, 4, 5.

' Todd, 657 et se/j. , 821 et seq. "' Constitution Act, sec. 23. " 56 Vic. No. 38, sec. 65.

° ConstitutionAct, sees. 17, 28; strictly, also, theConstitutiou Act Amendment Act, 1884.

CONSTITUTION AND I A WS. 1 1

departments, whose presence in the Legislature is, of course, essential
to the system of Ministerial government." The acceptance even of
one of the latter offices has the effect of vacating the scat of the member
accepting it, although he is eligible for re-election.'' Members re-
ceive an allowance at the rate of £300 a year,<^ The chief officer
of the House is the Speaker, who is elected by the House itself, on the
occasion of the assembling of a new Parliament after a general election,
or on an intermediate vacar.cy occurring.

Tine Electoral System.

The system of Parliamentary representation is now governed by tho
Electoral Act of ISOS.'^ This Act establishes in the Colony a uniform
system of manhood suffrage, single-member constituencies, equal elec-
toral districts, and self -registration of voters. It also attempts to pro-
vide additional safeguards against illegal voting and corrupt practices.

Electoral Districts.

Under this Act three Commissioners were appointed, whose duty it
was to distribute the Colony into 125 electorates, each returniug one
member, and each containing, so far as was consistent with practical con-
venience, the same number of electors. For this purpose the Commis-
sioners were directed to ascertain from the rolls then in force the total
number of existing electors qualified by residence, and to divide this total
by 125." The result was to give the quota, or proportionate number of
electors for each district. This was found, in fact, to amount to 2,513
electors. The Commissioners were, however, allowed a margin of 600
above or below this quota, Ho enable them to give some consideration
to existing boundaries, natural features, lines of communication, and
community or divergence of interest." On these principles the Colony
was ultimately distributed into eleven city districts, thirty-nine subur-
ban districts, and eighty-five country districts. The new system came
into operation on the 29th of December, 1893. To guard against future
inequality arising from changes in population, the Act requires this
distribution to be readjusted on the same principles, and by means of
the same machinery, after each decennial census ; whilst it also authorizes
a readjustment in the fourth or fifth year after any census, in regard
to any part of the Colony where the electoral roll of any district shows
an increase or decrease in the prescribed quota of not less than 25 per
cent."

The Parliamentary Franchise.

The Parliamentary franchise is also regulated by the Electoral Act
of 1893. Under this Act every person claiming to vote for any
district must be the holder of an elector's right for the district ; must

^ Constitution Act Amendment Act, 1884. These officials, together with the Vice-
President of the Executive Council, constitute the Ministry.

^ lb, sec. 3. <-■ Parliamentary Representatives Allowance Act, 188f>, sec. 2. __
<! 56 Vic, No. 38 ; to which must Ije added the amending Acts, 57 Vic, Jso. 3, o, \ ic,
No. 24, 58 Vic, No. 1.

<■ Electoral Act, 1893, sec. 17. r , ■ * i * fi

f Although special reasons had to be given where advantage of this was taken to tne
extent of 200 or more.

s Electoral Act, 1S93, sees. 13, 17.

12 2V£W SOUTH WALES.

be entered on the electoral roll for the district; and must also, at the
time of tendering his vote, retain the qualifications in virtue of which
his right was issued to him." An elector's right is a certificate
issued in the form prescribed by the Act by the registrar of an
electoral district to a duly qualified person, entitling him to vote for
that district.'' These rights are required to be renewed at intervals
of three years, from the 81st December, 1890.° In the first instance
they were distributed by the police ; but for the future they can
only be obtained by personal application, although a right once
obtained may be renewed by written application, accompanied by a
statutory declaration in the prescribed form.'' A substituted certi-
ficate may also be issued on change of residence from one district to
another, or on the loss or defacement of the original right.*^ The
electoral roll is the official register of persons j^r/^ia/oc/e entitled to vote
at parliamentary elections for the district. For registration purposes
each district is, where necessary, subdivided into divisions. "^ The
Act also provides for the periodical publication and revision of a
general and a supplementary list of voters for each division ; these
divisional rolls when printed together constitute the electoral roll for
the district.^ The more important qualifications necessary to entitle
a person to receive an elector's right and to be entered on the elec-
toral roll are as follows : — The applicant must be a British subject,
of the male sex, of the age of twenty-one years, and absolutely free ;
he must have had his principal place of abode in New South Wales
for a continuous period of one year,'' and in the electoral district
for a continuous period of three months prior to the date of his
application.' There are also certain disqualifications set up by the
Act, such as service in the regular naval or military forces or con-
stabulary, unsoundness of mind, and conviction for certain offences.''

The Method of Holding Elections.

On the occasion of a general election the polling throughout the
Colony takes place on the same day.*" Every candidate must be
nominated by at least six registered electors for the district, the nomina-
tion paper being in the form prescribed by the Act.' No money
deposit is now required from candidates. The method of voting is by
ballot. For this purpose every elector after exhibiting his right, and
having had his name checked on the roll, receives a voting-paper
containing the names of the candidates, and punctured and initialed
by the presiding officer. The elector then retires to a compartment,
and strikes out the names of all candidates, except that candidate for
whom he wishes to vote. The ballot-paper is then folded up and
delivered to the presiding ofiicer, and deposited by him in the ballot-

a Electoral Act, 189.3, sec. 24.

^ Jb., Schedule. He may, however, lose the riglit to vote bj' subsequent disquali-
fication.

" lb., sec. 40. <' lb., sec. 40. ^ Jb., sees. .38, 39. ' lb., sec. 33.

s lb., sees. 41 to 52. The general roll must be issued on or before the 20th December ;
the supplementary roll on or before the 20tli May.

•' Or, if naturalized, then one year from the date of naturalization.

' Electoral Act, 1893, sec. 23.

^ lb., sec. 23. The accrual of any disqualification subsequent to tlie issue of the
elector's right will render the latter nugatory ; sec. 24.

" lb., sec. 58. ' lb., sec. 65.

CONSTITUTION AND LAWS. 13

box." It is claimed for this system that it ensures the utmost possi])le
.secrecy in voting. In the case of an cfiuality of votes, the returning
officer has a casting vote.''

Contested Elections.
The Logishitive Assembly still retains the right of deterniiniiig f|n('s-
tions arising out of (lisj)ute(l elections. Under the Electnnil Act of ] SO:*,
however, tins function is re(iuired to bo exercised by a connuitte(> of the
House, called the Coniniittee of Elections and Qualifications.' This
consists of nine members appointed by wai'rant under the hand of the
Speaker, with the approval of the House, at the commencement of each
session."* The Committee is empowered to decide, finally, all rpu's-
tions respecting the validity of electioiis, or the (pialificaticm of any
person returned; and to investigate and report to the Assembly iijxiu
any other matter referred to it."'

Tlic Duration of ParlidDtcnf.

The power of convening the Legislature is vest(Ml in the (Jovoi-nor
subject to the condition that one session at least must be held in
each year."^ This power is really exercised on the advice of the
Ministry, who, both for the purposes of legislation and su])])ly, find it
necessary not only to convene I'arliaraent frequently, Init also to
maintain it in session for a considerable part of each year. Once in
being, Parliament may be prorogued, or dissolved , or may expire by lapse
of time. Prorogation has the effect of putting an end to the session ;
it ap])lies c>f[ually to both Houses ; and is effected by proclamation of
the (iovcrnor.'' The effect of pi-orogation was fonuerly to })ut an
end to all business not then comjiletcd ; but both Houses have now
made provision for enabling bills commenced in the previous session
to be resumed in a subsequent session at the point at which they were
dropped.' Dissolution has the effect of terminating the existence
of the Assembly and of suspending the functions of the Council ;' it
also is effected by proclamation of the (Governor. The duration of
Parliament is limiteil to three years^ by the Triennial Parliaments Act,
1874. If not previously dissolved, the Assend)ly will, ipso jure, cease to
exist after the lai)se of three years from the date of the return of the
writs on the occasion of the last general election.'' Whether it ceases
by dissolution or by lapse of time, a new Parliament must be convened
within forty-six days.' The powers of prorogation and dissolution are
commonly exercised by the Governor on the advice of his I^Iinisters ;
but with respect to dissolution he is invested with a somewhat wider
discretion than usual, it being his duty to see that this prerogative
power is only resorted to in cases in which a recourse to it is dictated
by the public interest.'"

•' Electoral Act, 189.S, sees. 84, 85. ^ lb., sec. 102. <= lb., sees. 1-M, l-'7.
'' lb., sees. 121, 122. ^' //)., sec. 128.
''Constitution Act, sec. ;W ; Letters Patent, el. 11.
«-' Constitution Act, sec. .S. >' lb., sec. .SO ; Letters Patent, cl. 1 1.
i Standing Oidcrs, Legislative Council, 278 to 2S0 ; Legislative Assembly, 400 to 411.
J Tlie Council is ineimwliile prorogued ; but Parliament, of wliicii the Council forms a
part, is for tlic time-being non-existent.
'- '.r, Vic, No. 7, sec. 2.

' KK'ctoral Act 189:5, sees. 5,3 to 55, oS ; and Inutlicr Amendment Act, 189:1, sec. 10.
"" Todd, cli. xvii.

14 A'-EW SOUTH WALES.

The Conduct of Piihlic Business in Parliament.

Tlie conduct of public business in Parliament is regulated in part by
statute/ in part by rules and orders framed by botli Houses in pursuance
of statutory powers/ and in part by usage. The Engliali lex et con-
suetudo Pa rliamenti has no application except in so far as it may bave
been expressly adopted under statutory authority." The present Stand-
ing Oi'ders of the Legislative Assembly were adopted and approved in
1894; and those of the Legislative Council in 1895. The general
methods of procedure, both in respect to the conduct of debates, the
passing of public and private bills, and the transaction of miscel-
laneous business, are for the most part modelled on those of the
Imperial Parliament."^ In recent times special provision has been made
for the j)urpose of protecting Parliament against obstruction; this
includes {inter alia) certain limitations wdiich have been placed on
formal motions for adjournment; and the adoption, subject to certain
restrictions, of the principle of the closure.^ The conduct of financial
business is subject to the following rules: — (1) All money bills must
originate in the Legislative Assembly ;'^ (2) The Assembly will not pass
any vote or bill for the appropriation of revenue or taxation, except
on the recommendation of the Governor f whilst, (3) All financial
measures brought before the Assembly must be founded on previous
resolutions come to in Committee of the whole House.** 'No public work,
the estimated cost of which exceeds £20,000, can be commenced, unless
previously reported on by the Parliamentary Standing Committee on
Public Works, and approved by resolution of the Assembly.'

The Relation of the tico Houses.

Technically, each House possesses co-ordinate powers ; the concur-
rence of each is necessary to legislation ; whilst, in general, any
measure may originate in either House. To the latter rule, however,
there are two exceptions, viz., that all money bills must originate in
the Legislative Assembly ; and that bills affecting the constitution of
either House, ought to originate in that House.^ With respect to
money bills, there is a general recognition of the principle that, under
a representative system of government, the control over revenue and
expenditure ought primarily to rest with the elective chamber. Never-
theless, the Legislative Council both claims, and has occasionally exer-
cised, the right of rejecting measures of taxation. *" It also claims the
right of amending money bills, except, perhaps, where the amendment

^ Constitution Act, sees. 1, 7, 8, 22, 24, 31, 33, 35, 53, 54. ^ lb. sec. 35.

' Kidky V. Carson (4 Moo. P. C, 63) ; Taylor v. Barton (7 N.S.W. R. 30).

•^ See also Standing Order Legislative Council, 2 ; and Legislative Assembly, 2

« Standing Orders, Legislative Council, 13, 102 ; Legislative Assembly, 49, 175.

' Constitution Act, sec. 1.

e 10., sec. 54 ; Standing Order, Legislative Assembly, 247. The object is to concen-
trate all responsibility for expenditure in the hands of the Executive.

'' Standing Order, Legislative Assembly, 247.

' Public Works Act, 1888, sees. 3, 10, 13.

J This principle has been constantly insisted on by the Legislative Council ; see reso-
lution 2nd April, 1873, Official History, 510.

^ The Stamp Duties Bill (No. 2), 1880; The Income Tax Bill, 1893; The Land and
Income Tax Assessment Bill, 1895. In a subsequent session this last bill was amended
by the Council, it having been ruled that it was not technically a taxing bill.

CONSTITUTION AND LAWS. 1 5

would have the effect of imposing any additional charge on the people ;'
but this claim has commonly been resisted by the Assembly.'' With
respect to general legislation, although the powers of the two Houses are
formally equal, yet the Assembly exercises in the long run a predomi-
nating influence, OAving, no doubt, to its representative character, its
control of the public purse, and, perhaps, in the last resort, to the pos-
sibility of " swamping." Although this extreme step has never, so far
at least as relates to the Colony, been authoritatively sanctioued,"" and
although it may, perhaps, be unconstitutional, yet the fact that there
is no maximum limit to the number of the Council, and that the right
of making additions to it is vested in the Executive, undoubtedly tends
to diminish the chances of any permanent deadlock."

The Royal Assent.

The assent of the Crown is essential to the validity of colonial
legislation. This assent, however, is usually given as a matter of
course, through the Governor.'' Strictly, a colonial Act, even after
it has been assented to by the Governor, may be disallowed by the
Crown, through the Secretary of State for the Colonies, within two
years -/ but in practice this right is not taken advantage of. There
are, however, certain bills which the Governor is required either by
statute* or by his Instructions to reserve. By his Instructions the
Governor must reserve all bills relating to divorce, or involving any
grant of land or money to himself, or affecting the currency oif the
colony, or imposing differential duties,'' or inconsistent with imperial
treaties, or interfering with the discipline of the Eoyal forces in the
colony, or to the prejudice of the prerogative or the rights and property
of British subjects outside the Colony or the trade and shipping of
the United Kingdom, or containing provisions to which the Royal
assent has already been refused.' But even these bills the Gover-
nor is empowered to assent to, in case of emergency, except where
the bill is repugnant to the law of England or inconsistent with
Imperial treaty. This obligation of reservation is perhaps a necessary
measure of precaution ; but in practice the colony enjoys the fullest
freedom of legislation in regard to its own domestic affairs. Between
1855 and 1890, only 15 bills were reserved, and none of these were
finally disallowed.J

The Executive Council and Ministry.

The Governor is the titular head of the executive department of

government, but like the sovereign in England he is required to

exercise these powers, at the instance and on the responsibility of

certain constitutional advisers. Many of his powers he is expressly

^ See ruling of Sir T. Murray, 26th April, 1871 ; see also Official History, pp. 269,
355, 371, 401, 457, 472, 522, 606.

b See Official History, pp. 401, 472, 522, 605.

•^ An abortive effort at swamping appears to have been made in 1861 ; see Official
History, 334 et seq.

^ As to the functions of a nominee chamber generally, ste Toil J, 695 et S''g. As to
nominations to Upper House, see p. 10 supra and references there cited.

^ 5 and 6 Vic, c. 76, sec. 31. f lb., sec. 32. k 13 and 14 Vic, c 59, sec 32.

^ Except so far as is allowed by the Australian Colonies Duties Act, 1873.

' Instructions 1892, cl. 8.

J Todd, 158. Even the Divorce Amendment Act of 1892 was ultimately sanctioned.

1 6 njlW so [/tit wales.

required to exercise with the formal assent and advice of the Executive
Council^ this obligation being imposed partly by statute' and partly
by the Instructions ;^ other powers he exercises on the advice and
responsibility of a single Minister.'' The constitution of the Execu-
tive Council, and the duties of its members, are regulated by the
Letters Patent/ by the Instructions/ and by statute/ It is usually
presided over by the Governor, and consists of the Vice-President,
and nine other members, who are at the same time the heads of
the great executive departments. Saving the presence of the Gover-
nor, the Executive Council is in fact identical with the Ministry
or Cabinet. It was no doubt originally intended that the Executive
Council should constitute the real executive organ, but the presence of
the Governor appears to have led to the adoption by its members of
the practice of deliberating in private, and this, in its turn, gave rise
to the Ministry or Cabinet as a distinct though informal institution.
Hence the Council has come to assume the character of a formal body,
through the medium of which the more important acts of State are
sanctioned or allowed ; but whose action is prompted or set in motion
by a responsible Minister, after consultation with the whole Ministry
in matters of moment, or on his own responsibility in minor or
departmental matters. Members of the Executive Council resign their
offices on ceasing to be Ministers. The Ministry or Cabinet is virtually
a committee of the leading members of both Houses, who possess the
confidence of the majority in the Legislative Assembly, and generally
represent the dominant party in that House. It is made up of the chiefs
of the executive departments, who are at liberty to sit in the Legis-
lative Assembly,^ and whose tenure of office depends on political
considerations ;'' together with the Vice-President of the Council.
The Ministry or Cabinet is thus an informal deliberative body; it has
no corporate existence or official recognition ; and no formal record is
kept of its proceedings. In the Colony there is no distinction, such as
exists in England, between Cabinet and Ministry.' For the rest, how-
ever, the relations between the Ministry and the Legislature, are much
the same as those which exist in the United Kingdom.-' Although
the Governor is as a rule bound to act on his Ministers' advice, yet he
is expressly authorised by his Instructions to refuse such advice in case
of need.'' In practice, however, such cases are not very frequent.
It is difficult to reduce them to any satisfactory principle, but roughly
they may be said to include : — (1) Cases where the Governor acts as

=> Constitution Act, sees. 3, 37 ; besides whieh there are an immense number of local
statutes, which confer new administrative powers, but expressly ret^uire these to be
exercised on the advice of the Executive Council.

^ Instructions 1892, cl. 6. This clause, however, expressly authorises the Governor
to act in opposition of such advice, if he deems it necessary, subject to certain conditions.

'- Such as the prerogative of mercy in non-capital cases : see Instructions, cl. 9.

•' Letters Patent, cl. 6. '" Instructions 1892, cl. 3, 4, and 5.

f Executive Councillors Act, 1881, sees. 2, 4 ; Promissory Oaths Act, 1870, sec. 5.

- For a list of these officers see Constitution Act Amendnient Act, 1884, sec. 2 and
schedule.

'' Constitution Act, sec. 37.
The Cabinet, under the P]nglish system, is strictly a committee of the larger body or
Ministry. The tendency in the Colony is to use tlie term to indicate a sitting of the
3Iinistry.

J Aixson II. chap. iii. sec. 3. ■-• Instructions, cl. G.

CONSTITUTION AND LAWS. 17

guardian of the law or of tlie Coustitiition;* (2) Cases where ho acts as
supreme guardian of the public interest;'' and (;J) Cases where ho
acts as the representative of the interests of the Imperial Governuioiit.'
In the event of his refusing to act on the advice of his Ministers in
matters of domestic concern, it will be incumbent on him, if his Minis-
ters should resign, to procure other Ministers who will accept the
political responsibility for his action/

Tlie Adminidratlce Beitartmvnts and tlie Piihlic Service.

For the purposes of administration, the public l)usinessof the Colony-
is distributed between nine different departments, each of which is pre-
sided over by a responsible Minister, as head, and worked by a staff of
permanent officials. These Ministers are : — (1) The Colonial Secre-
tary;'' (2) The Colonial Treasurer; (3) The Attorney-General; (4)
The Secretary for Lands; (5) The Secretary for Public Works; (0) The
Minister of Justice ; (7) The Minister of Public Instruction ; (8) The
Secretary for Mines and Agriculture ; and (9) The Postmaster-General.
The functions of the departments respectively presided over by these
Ministers are fixed partly by statute and partly by Executive minute.
The Ministers or political heads of these departments arc technically
appointed by the Governor alone,*^ but are really selected on the recom-
mendation of the political leader who may be invited by the Governor
to form an administration, and who appears to possess the confidence
of the Assembly; they also retire or are dismissible from office on
political grounds. The appointment and tenure of other public officers
are now regulated, in the main, by the Public Service Act, 1895.^ This
Act was passed for the purpose of effecting a complete reorganiza-
tion of the Public Service, and of withdrawing both appointments and
promotions, as far as possible, from the sphere of political influence.
To this end the Act constitutes a Public Service Board, consistiug of
three Commissioners, who are appointed for a period of seven years,
and are irremovable during that period except by resolution of both
Houses, although they are liable to vacate their offices in certain
events specified by the Act.'' This Board is charged with the duty
of investigating both the organization and working- of each depart-
ment of the Pubhc Service, and of determining (subject to the
restrictions imposed by the Act) the number, grade, and salaries of
the officers employed.' The Boai'd is endowed with the poM-er of
making administrative regulations ; and is also required to furnish
an annual report on the state of the Public Service for presentation to
Parliament.J The officers of the Public Service are distributed into
five divisions — the special, professional, clerical, educational, and

"" E.g., refusal to sanction the issue of public moneys in violation of statutory require-
ments : see Constitution Act, sec. 55 ; Todd, 628 et scq., 726.

^ E.g., refusal to sanction any abuse of position, or wanton sacrifice of puV)lic to party
interests, by the Ministry in otiice ; Todd, 662, IZQct -v-q.

'■ E.g., refusal to sanction an administrative act in violation of treaty obligations,
Todd, '819.

'' Todd, 817 et seq. <^ This officer is now usuaMy termed the Chief Secretary.

'' Constitution Act sec. 37.

s 59 Vic. , No. 25 ; as to officers excepted from the operation of the Act, see sec. J.

'' Ih., sees. 5, 6. i i «.

' lb., sees. 7 to 15; the grayling and classiiication of officers must be renewed at
intervals of not more than 5 years. J lb., sees. IS to 20.

NEW SOUTH WALES.

general." As a rule all future appointments to the permanent service
are to be made by tbe Governor and Executive Council either at the
instance of the Board itself, or at the request of the political or per-
manent head of a department addressed to the Board, but in any case
only on the certificate of the Board ;'' the appointees being under
ordinary circumstances selected by competitive examination, and being
further subject to a probation of six months. The control of future
promotion is also vested in the Board, subject, however, to certain
conditions prescribed by the Act, which include {inter alia) the passing
of a cpialifying examination on transfer from the lower to the higher
grades recognised in the certain divisions.'' Public officers still con-
tinue to hold office at the pleasure of the Crown,^ although they
enjoy the pi'otection of certain provisions of the Act designed to guard
against arbitrary or unfair dismissal. *^ Officers appointed after the
passing of the Act are not entitled to any pension or allowance f
but are subject to an obligation of compulsory insurance, or to an
equivalent deduction of salary.*' Public officers are prohibited, except
by express permission of the Governor, from engaging in commercial
or professional business outside the duties of their office.' The con-
trol and working of the Government railways and tramways are
vested in the Railway Commissioners, under the provisions of the
Eailways Act of 1888.-' The Agent-General is the representative of
the Colony in the United Kingdom ; it is his duty to look after its
general and commercial interests in the United Kingdom and Continent
of Europe, and to carry out such instructions as may be given to him
from time to time by the Executive.

TJw Fiscal System — Revenue — Ajjpropriation.

The fundamental principles which underlie the fiscal system of the
Colony are : — (1) That no tax or impost shall be levied on the inhabi-
tants except with the consent of the Colonial Legislature ;'' (2)
That all public revenue raised within the Colony, whether by taxa-
tion or otherwise, belongs to the Colonial Legislature ;' and (3) That
no public money shall be expended except under the authority of an
Act of the Legislature." The main sources of the Colonial revenue
are : — (1) The proceeds of taxation, including customs duties, excise
duties, stamp duties, and licenses, to which must now be added a tax
on the unimproved value of land, and an income tax ;" (2) Revenue
derived from Crown lands, including the proceeds of sales, interest on
unpaid balances, and rents ; (3) Moneys received for services rendered,
including the revenue derived from the Government railways, tram-
ways, and postal and telegraph systems ; and (4) Miscellaneous
receipts, such as the proceeds of fines and forfeitures. The proceeds

=» Public Service Act, 1895, sec. 21. »= Ih., sees. 28, 29.

' lb., sees. 22 to 27 ; -fee also sees. 3.S and 34 ; and as to special and temporary appoint-
ments, sees. .37 and .38.

■'/?*., sees. 40 to 48. '" 76. , sec. 58. ^ lb., sec. 49 et seq. "^ 76., sec. 59.

•' lb., sec. 63. i lb., sec. 64. J 51 Vic, No. 35.

•^ 18 (ieo. Ill, c. 12, as extended by policy and convention to all British Colonies;
see also Constitution Act, sees. 44 and 45.

' 18, 19 Vic., c. 54, s. 2; Constitution Act, sec. 50. ™ Constitution Act, sec. 53.

" Under the Land and Income Tax Act, r.nd the Assessment Act, 1895, this amounts
to Id. in the pound on the unim[)roved value of land, subject to an exemption of £240 ;
■whilst the tax on incomes amounts to 6d. in the pound, subject to an exemption of £200.

CONSTITUTION AND LAWS. 19

of these revenues go to form the Consolidated Revenue Fund of the

Colony.'' The collection and payment of these revenues into tlio
Treasury is regulated by the Audit Act, 1870, and is subject to the
control and supervision of the Auditor-General.'' No moneys can bo
paid out of the Consolidated Fund, with the exception of the civil list
and other charges specified in the Constitution Act,'' except under
the authority of either a pornianent Act,*" or the annual A])pr(jpi-ia-
tion Act. Temporary supply bills are, however, passed in anticipation
of the Appropriation Act, with a view of putting the Government in
funds to meet current expenditure. A fund is also provided, called
the Treasurer's Advance Account, for the purpose of enabling the
Government to meet expenses of an unforeseen nature; the amount of
this fund is fixed by the Appropriation Act for one year, whilst
payments made out of it are allowed in the supplementary estimates
of the following year. Subject to this exception, all payments out of
the Consolidated Fund must be sanctioned by legislative enactment.
Payments out are also required to be made in pursuance of warrants
under the hand of the Governor,^ and in the manner provided by
the Audit Act.*^ All public accounts are subject to audit by the
Auditor-General who reports to Parliament thereon.^ The financial
year commences on the 1st July and ends on the following 30th June.
A periodical statement of receipts and expenditure is required to be
published in the Gazefte}

Military and Naval Forces of the Colony.

The military forces of the Colony comprise : — (1) The Permanent
Forces, (2) the Partially-paid Forces, and (3) the Reserve Forces ;
together with a Head Quarters and General Staff.' The Governor is
titular Commander-in-Chief, but the actual military command is vested
in the General Officer commanding the Forces ;' whilst tlie civil con-
trol over both military and naval establishments is vested in the Colo-
nial Secretary, as Minister of Defence.'' The engagement, discipline,
and discharge of members of the Permanent Forces are regulated by
the Military and Naval Forces Regulation Act of 1871;' whilst the
Partially-paid Forces are subject to the Volunteer Force Regulation
Act of 1807 and the regulations made thereunder."" A local defence
committee has been recently instituted for the purpose of assisting
the General Officer commanding the Forces with advice in relation to

" Constitution Act, sec. 47. '' 33 Vic, No. 18, sees. 1 to 10.

<^ Constitution Act, sees. 48 to 53.

'' The payment of the interest on the public debt, and the salaries and pensions of the
judges are provided for by permanent Act; see 36 Vic, No. 21, sec. 4; 4G Vic, No.
15, sec. 3.

« Constitution Act, sec. 55. ' .33 Mc, No. 18, sees. 11 to 16. « Ih., Part II.

•' n>., Part II., sec 21.

' These forces give a total peace estaljlishment of 5,867 men, and a total war estab-
ishment of 9,241 men. There is also one volunteer corps wliich has not been enrolled
in the partially-paid forces.

J Who is appointed under .34 Vic. No. 19, sec. 6. . .

^ With the exception of the Public School Cadet Corps, whicli is subject to the Minister
of Public Instruction.

' .34 Vic, No. 19. Under sec .1, members of this Force are subject to the Imperial
Army Act 1882, and articles or regulations made tliereunder, so far as these are not in-
consistent with the local Act and regulations made thereundor.

'" 31 Vic, No. 5 ; see especially Part II.

20 NEW SOUTH WALES.

the defences of the Colony. The Naval Forces of the Colony comprise
the Naval Brigade and a corps of Naval Artilleiy Volunteers^ both
of which are parLially paid/ By an ag-reement concluded in 1887
between the Imperial Government and the Australasian Colonies^ an
additional naval force of five armed cruisers and two torpedo boats,
is to be maintained by the Imperial Government on the Australasian
station, the Colonies undertaking- to pay interest not exceeding £35,000
a year on the cost of construction and equipment, and a further
sum not exceeding £91,000 a year towards the cost of maintenance.
The agreement is to continue for not less than ten years, but may be
terminated at or after that time by two years' previous notice. This
agreement was ratified so far as related to the United Kingdom by the
Imperial Defence Act, 1888,'' and so far as related to the Colony by
the Australasian Naval Forces Act, 1887."

Public Education.

The educational system of the Colony now rests on the Public Instruc-
tion Act, 1880.'" This Act provided for the establishment through-
out the Colony of a system of compulsory and non-sectarian education ;
the Council of Education, established under the previous Act of 18G6,
was dissolved ; and the control and working of the new system,
together with the administration of all moneys voted by Parliament
for educational purposes," were transferred to the Minister of Public
Instruction ; at the same time it was provided that all aid previously
given to denominational schools should cease after 1882.*^ The
different classes of schools at present existing comprise (1) elementary
public schools, in which only primary instruction is given ; (2) superior
public schools, for the purposes of higher instruction ; and (3) a limited
number of high schools, both for boys and girls, in which a still more
advanced course is followed, and which are intended to constitute a
link between the public schools and the University." The Act also
provides for the establishment of evening" public schools ; for the
appointment of provisional schools and itinerant teachers in sparsely
inhabited districts ; and for the establishment of a training school for
teachers.'' Attendance is compulsory between the ages of 6 and 14
for not less than 70 days in each half year, unless the child has been
or is being otherwise efficiently instructed, or is prevented from
attending by -nfirmity or distance.' The instruction given is non-sec-
tarian, but embraces general religious and moral teaching ; in addition
to which provision is wmade for the giving of separate unofficial re-
ligious instruction by voluntary teachers, at the option of the parents.'
Parents are required to pay certain small fees which are fixed by
the Act, bvit may be remitted in case of poverty or inability;'' a
higher rate of fees, however, is payable in the high schools.' Pro-
vision is also made for the establishment of Public School Districts
and School Boards for the inspection of schools and the supervising of

"■ Comprising in 1894 about 591 men. >' 51 and 52 Vic, c. 32. <= 51 Vic, No. 22.

'' Except in so far as this has been varied in certain particulars by the Public Service
Act, 1895, sees. 46 to 48.

<■ Except where specifically appropriated. ^ 43 Vic, No. 23, sees. 1,2, 7, 28.

« lb., sec. 6. '■ //a, sees. 10, 22, 23, 24. * lb., sec. 20. J lb., sec 17. ^ lb., sec 11.

^ Jb., sec. 27 ; these being fixed by regulation of the Governor and Executive Council.

CONSTITUTION AND LA \VS. 2 i

teacTiers within the district." A system of State bursaries and sch<jlar-
ships exists for the encouragement of poor but proficient student!--.
A technical college has also been established in Sydney, and various
technical schools and technical classes in other parts tif the Colony.

Local and Midi id pal Govcnunent.
No complete system of Local Government has as yet been adopted ;
but vmder the Municipalities Act of 18G7'' and the Amending Act of
1874/ provision is made for the incorporation of Municipal Districts
and Boroughs.*^ Incorporation is in no case compulsory, and requii-es
the consent of a majority of the prospective ratepayers.' The affairs
of the municipality are conducted by a Municipal Council varying in
number according to population, and elected by the ratepayers."^ The
Council is empowered to frame by-laws^ to borrow uioney, to levy
rates, to construct and maintain roads and other local works, such as
those relating to sewerage, lighting, water supply, public health, and
recreation." The Municipality of Sydney is governed by special Acts.''
Altogether there are now some 170 municipalities, comprising less
than one-hundredth part of the area of the Colony, but somewhat
more than one-half of its total population.

The Judicial System.

The central feature of the judicial system of the Colony is the
Supreme Court. This w^as first established by the Charter of Justice
of 1823,' but its jurisdiction has since been regulated and modified by
subsequent legislation.^ The Court now consists of a Chief Justice
and six jmisne Judges, together with a staff of ministerial and other
officers. The judges hold office during good behaviour, but are never-
theless removable by the Crown upon an address of the two Houses of
Legislature.'' Their salaries and pensions are charged upon the Con-
solidated Fund and cannot be reduced during their continuance in
office.^ The Supreme Court exercises both a civil and a criminal
jurisdiction, the former being distributed into various branches, includ-
ing a jurisdiction at Common Law,"' in Equity," in Probate," in Divorce,''
and Bankruptcy.''

The Common Law jurisdiction, both in civil and criminal cases, is
exercised in part at Sydney, and in part at Circuit Courts held through-
out the country. The Court also exercises an appellate jurisdiction both
from the decisions of its own judges sitting in the first instance, and
from the inferior courts. It also exercises a supervisory and correc-
tive jurisdiction over inferior courts and magistrates. A final appeal

=• 43 Vic, No. 2.S, sec. 19. ^ 31 Vic, No. 12. <^ 37 Vic, No. 15.

'1 31 Vic, No. 12, sec. 8. Boroughs incliule city or suburban or populous country
districts, having a population of at least 1,000 ; municipal districts include incorporaterl
districts, not being boroughs, but comprising a popuhxtion of not less than 500.

•^ 37 Vic, No. 15, sec. 10. ' As to the municipal franchise, see sec o2.^

" 31 Vic, No. 12, sec. 117. '' Of these the most important is 43 \ ic ^o. 3.^

' That is in its present form. A Supreme Court had been established m 1814 ; but
both its constitution and iurisdictiou differed from that of the present Court.

J 9 Geo. IV, ch. 83 ; 2 and 3 Vic, cli. 70; 4 Vic, No. 22; and other statutes subse-
quently referred to. -r. • ^ -i /^ at t» n n

k Constitution Act, sec. 39 ; see also Memorandum of Privy Council (6 Moo. r.L.L.,

^■?Cct^stitution Act, sec. 40. - 17 Vic, No. 21 ; 20 Vic, No 31 ; 24 Vic, No 6
"44Vic,No. 18. "54 Vic, No. 25. j'.SG Vic, No. 9; 55\ ic. No .-t-. 'loM ic,i>o. IJ.

22 JVi:W SOUTH WALES.

lies to tlie Judicial Committee of the Privy Council — (1) in certain cases
specified by the Orders in Council/ and (2) in other cases by special
leave of the Council. Besides the Supreme Court there is also a
system of local Laud Boards and a Land Court of Appeal'' as well
as a Vice-Admiralty Court." The inferior Courts include — (1) The
District Courts, which exercise an inferior civil jurisdiction ;'' (2) The
Courts of General and Quarter Sessions, which exercise a subordinate
criminal jurisdiction and are presided over by a District Court Judge
as chairman*"; and (3) the Magistrates^ courts, whicb exercise a petty
jurisdiction both in civil and criminal cases. *^ The magistrates of
the Colony include — (1). Stipendiary Magistrates, who are appointed
to act within the metropolitan district; (2) Police Magistrates, who are
appointed to act at different places throughout the Colony ; and (3)
Honorary Justices of the Peace. The system of jury trial has been
adopted in the Colony and applies to the trial of all criminal offences
except those punishable by courts of summary jurisdiction; as well as
to civil issues of fact or damages triable before tbe Supreme Court at
common law. In other cases the adoption of this mode of trial is made
to depend sometimes on the consent of the judge/ sometimes on
the agreement of the parties/ and sometimes on a claim to this effect
being made by either party.*' There is no grand jury in the Colony,
the functions of that body being performed by the Attorney General.

TAe Laws of the Colony.

The laws in force in the Colony may be classed, according to their
origin, under three heads : — (1) Rules of English, law, which became
applicable to the Colony, either at the date of the original settlement,
or by virtue of 9 Geo. IV, c. 83. Under the latter statute, all rules
which were then (1828) in force in England, and which were reason-
ably suited to the circumstances of the Colony, were to be applied in
the administration of justice.' These rules are, however, capable
of being altered, and have to a large extent been altered by local
legislation.^ (2) The Imperial law, whicb includes such Acts of the
Imperial Parliament as apply to the Colony either by express enact-
ment or necessary implication, together with orders and conventions
made in pursuance of them.'' Rules derived from this source can-
not be altered by the local Legislature, except under express powers
conferred by Imperial Act.* (3) The Colonial law, which includes
rules derived either from colonial legislation or the interpretation
of the local courts, together with a slight element of local usage.
Even the colonial law, however, embraces many rules of English

» 13th Nov., 1850 ; 13th June, 1853. »' 48 Vic, No. 18 ; 50 Vic, No. 21.

"= 26 and 27 Vic, ch. 24 ; 31 Vic, ch. 45. -^ 22 Vic, No. 18 and Amending Acts.

'• 22 Vic. No. 18, sec. 25.

f The jurisdiction of the magistrate in criminal cases is regulated by 11 and 12 Vic,
ch. 42 and 43 ; and in civil cases by 10 Vic. No. 10.

s 44 Vic, No. 18, sec. 36. '' 48 Vic, No. 7, sec. 9. ' 9 Geo. IV, ch. 83, sec. 24.

-' Thus the devolution of land upon intestacy has now been assimilated to that of
personalty ; see 26 Vic, No. 2 ; 54 Vic, No. 25, sec. 32.

'' Some of the Imperial Acts apply to the Colony alone, such as 18 and 19 Vic, c 54 ;
some to the Australasian Colonies generally, such as the Australian Colonies Duties Act,
1873 ; and some to all British territory, such as the Foreign Enlistment Act of 1870.

' For an illustration of the bestowal of this power -fee the Merchant Shipping Act, 1854,
sec. 547.

CONSTITUTION AND LA WS. 23

origin, some of these having been directly adopted, whilst others have
been embodied with modifications in Acts of the colonial Legislature.
Much colonial legislation, however, is of an original character, having
been framed to meet the peculiar conditions and re([uirements of the
Colony. Amongst other things, a system of registration of titles to
land has been established,* as well as a system of registration of
deeds;" whilst the old distinction between the devolution of real and
personal property in intestacy has been abolished."

Naturalization — Chinese.
The subject of naturalization is governed by the local Naturalization
Act of 1875, under which any alien who has resided in the Colony for
five years and intends to continue such residence, may on complying
with certain conditions and paying a small fee obtain from the Gover-
nor through the Chief Secretary a certificate of naturalization.'' Ho
will then become entitled (although only within the Colony) to all
the rights, and will be subject to all the obligations of a natural born
English subject.' Naturalization in the United Kingdom or in iuiy
other Colony does not extend to New South Wales, but special facili-
ties are afforded to persons who have been so naturalized of obtaining
naturalization certificates in New South Wales.' Aliens, whether
domiciled within the Colony or not, are virtually entitled to all civil
rights except (1) political or public rights, and (2) the right of being
registered as owners of British vessels.^ The immigration of Chi-
nese, however, is subject to certain restrictions imposed by the Chinese
Restriction and Regulation Act of 1888. By this Act a poll-tax of
£100 is imposed on every Chinese entering the Colony ; vessels arriv-
ing in the Colony are prohibited from bringing more than one Chinese
for every 300 tons of tonnage ; no Chinese even after entering may
engage in mining without the consent of the Minister for Mines ;
whilst the naturalization of the Chinese in the Colony is altogether
prohibited. *"

Miscellaneous Points.

The principle of religious equality has long prevailed in the Colony.
There is no established church, and all religious denominations remain
on the footing of voluntary associations.' Notwithstanding the
desire of the Imperial Government to maintain, as far as possible, a
uniform marriage law, the facilities for divorce have of late been
considerably increased by local legislation. Under the present divorce
law a wife may obtain a dissolution of marriage by reason of adultery
only on the part of the husband,^ whilst wilful desertion for three
years and upwards, habitual drunkenness coupled with cruelty or
neglect, or conviction for certain offences will, also, under certain

=* The Real Property Act, 1882, and Amending Acts.

^ 7 Vic, No. 16 ; 20 Vic, No. 27 ; 24 Vic, No. 7.

" Probate Act, 1880, sec. 32. '' Naturalization Act, 1875, sees. 4 and 5.

*■ lb., sec 6. ^ lb., sec. 8. " lb., sec. 3.

'■ Chinese Restriction Regulation Act of 1888, sub-sec 3 to 8 and 11 ; but for exemp-
tions, see sees. 12, 13, and 15.

' As to the position of the Anglican Church in the Colony, see Todd, cli. xiii.

J 44 Vic, No. 31, sec. 1 ; subject to the husband being domiciled in the Colony at the
time of the suit.

24 NEW SOUTH WALES.

circumstances^ constitute a sufficient ground for divorce/ The pro-
visions of the Exti'adition Act of 1870, and the treaties entered into
thereunder, apply in the Colony, subject to certain differences in the
mode of procedure.'' The surrender of criminals as between British
possessions in general, and between the Australasian colonies in par-
ticular, is governed by the Fugitive Offenders Act, 1881." A system
of judicial co-operation has also been established, under which facilities
are given, as between adjacent colonies, for the mutual furtherance of
judicial proceedings, and the mutual enforcement of judgments/

" 55 Vic, No. 37, sec. 1 ; only the general purport of the section is given above.

t 3.3-34 Vic. ch. 52, sees. 17 and IS. ' 44-45 Vic, c G9.

d See, as regards N.S. W., 19 Vic, No. 12 ; 52 Vic, No. 23 ; 44-45 Vic, c 69, sec 15,

The Laws Relating to Crown Lands.

By H. A. G. Curry, Department of Lands.

It may be at least claimed for tlio laws relating to Crown lands of
New South Wales that they are characterised by liberality and com-
prehensiveness^ and it is a fact deserving of more than passing
mention that each succeeding enactment exhibits broader and more
generous provisions than any of its predecessors. In Pai-liament no
subject excites keener or more general interest than land legislation,
and its importance is so widely recognised as to ensure the fullest
possible consideration and criticism. The growth of the present body
of laws has been rapid, and is an evidence both of the desire and the
determination of successive Governments to keep pace with the ever-
varying requirements, which are a necessaiy consequence of the pro-
gressive conditions, of the Colony, In the year 1881 the Acts then
in force* were repealed, and the " Crown Lands Act of 188i" t by which
they were superseded has since been amended and largely supplemented
by the " Crown Lands Act of 1S89" J and the " Crown Lands Act of
1895,"§ leaving out of account a large number of intermediate Acts of
more or less importance. Prior to the commencement of the Act of
1884 the provisions of the law were somewhat indiscriminately opera-
tive over the unsold land of the whole Colony. One of the features of
that Act was the modification of this condition of things by the separa-
tion of the Colony into three divisions, termed respectively the Eastern,
the Central, and the Western, in connection with each of which the
provisions of the law were made to diif er ; and by an alteration of the
tenure under which pastoral leases had previously been held. Happily
the Crown Lands Act of 1895 — an Act wide in its scope and partaking
more of the character of an original than of an amending measure —
has followed with a long-desired provision which admits of the classi-
fication and survey of land before selection. Such a provision is well
calculated to prevent the complications and delay which experience has
shown to be almost inseparable from unsurveyed land being ap])lied for
without due regard to conflicting interests or to the question whether

* The principal of these Avere the Crown Lauds Alienation Act of 1S(51, the Crown
Lands Occupation Act of 18(31, the Lands Acts Amendment Act, IS?.'), and the Lands
Acts Further Amendment Act, 1S80. The Acts of ISGl were known as the late Sir
John Robertson's Acts. The Act of 1875 was introduced by the late J. S. Farncll, and
the Act of 1880 by Mr., now the Hon. James Hoskins, jNI.L.C.

t Introduced by the late James Squire Farnell. Took effect from 1st January, ISSo.

J Introduced by the Hon. James Nixon Brunker (now Colonial Secretary), when
Minister for Lands in Sir Henry Parkes' Government.

§ Introduced by tlie Hon. Josej)!! Hector Carrutliers, Minister for Lands in the present
Government. The Hon. G. H. Reid, Premier, 189().

Note.— It should not pass unmentioned that Mr. Henry Copeland, M.l'., and the late
Mr. Garrett were both associated with important proposals of land legislation.

26 NEW SOUTH WALES.

the land is legally available^ while at the same time it affords protec-
tion to the public estate against indiscriminate absorption in detached
portions without reference to any general symmetry of design.

Administration.

The head office of the Department of Lands and Survey is in Sydney,
and is presided over by the Minister for Lands — the permanent head
of the Department being the Under-Secretary for Lands."^ Branches
of the Department are now situated in various parts of the Colony.
Prior to 1885 the whole business of the Department was dealt with at
the head office, but during that year it was largely decentralised by
the calling into existence of local Land Boards. Each Board is
presided over by a Chairman, who is a salaried officer of the Govern-
ment, his coadjutors, of whom there are two, being local residents,
remunerated by fees. At the head office of each Board a District
Surveyor and a staff of clerks and draftsmen are employed, besides
whom are surveyors and other field officers located elsewhere within
the boundaries which mark the Board's jurisdiction. Applications for
certain classes of holdings, such as Homestead Selections, Conditional
Purchases, Conditional Leases, &c., come before the Board in the
first instance for investigation, and applicants are not entitled to
finally (though in some cases they may provisionally) take possession
of the land applied for until their applications have been what is
termed " Confirmed '' by the Board. Against a Board's decision an
appeal lies to a Land Appeal Court, which consists of a President and
two Commissioners.

Each Board District includes several smaller districts, called Land
Districts (for each of which, however, there is a separate Board), which
have been established for the convenience of the public. In each
district a Crown Lands Agent is stationed, whose duty is to supply
information to persons seeking land, and to receive applications,
deposits, and other pajnnents under the Crown Lands Acts.

At the head office in Sydney an Information Bureau is in existence,
where the fullest and latest particulars as to the situation of available
land in the Colony, and the prices and conditions under which it may
be taken up, are always obtainable.

Reserves-, Dedications, 8)'c.

The Governor is invested with large powers of temporarily reserving
Crown lands either from sale or lease generally, or from any specific
kind of sale or lease. Reservation takes effect immediately upon noti-
fication in the Government Gazette. Revocation of reservation does not
mature until the expiration of sixty days after Gazette notification.

The purposes of reserves are various : for instance, for water supply,
for preservation of timber, for commonage, for the convenience of
stock travelling through the country, &c. Reserves of the last-men-
tioned description may be up to one mile in width, and are associated
with camping reserves usually C40 acres in extent.

" William Houston, Esq.

LAWS RELATING TO CROWN LAXDS.

Within one month after Gazette notification, an abstract of the
reservation is laid before both Houses of Parliament, if in session, or
if not in session, within one month after the commencemeRt of the
ensuing session.

The Governor is also invested with the power of dedicating Crown
land in such manner as may seem best for the public interest, and
he may, if thought necessary, issue a grant in fee-simple and vest the
land in trustees. An abstract of any intended dedication has to be
laid before both Houses of Parliament before the dedication can
be made.

When a Government township or village is laid out, it is usual to
define the boundaries of adjoining suburban lands, and beyond these
again to define the boundaries of what is called a " population area."

Methods of Disposal of Crown Lands.
The principal methods by which Crown lands are alienated are by
Homestead Selection, Conditional Purchase, Purchase by virtue of
Improvements, and Purchase at Auction. The principal methods
under which Crown lands are let are by Settlement Lease, Pastoral
Lease, Occupation License, Conditional Lease, Homestead Lease,
Improvement Lease, Scrub Lease, Lease of Inferior Lands, Annual
Lease, Artesian Well Lease, Special Lease, and Residential Lease. It
will be convenient to refer to each of these under separate heads.

Limitations as to Selecting.

The intention of the authors of the various Land Acts has been to
provide land on easy terms for those who might require it for their own
bona fide use and occupation. Unhappily this intention has been too
often disappointed, and the liberal provisions of the law taken advan-
tage of for speculative purposes, and for the aggregation of large
estates. To prevent a recurrence of, or to limit, this evil, stringent
provisions were necessary. These have been supplied by recent
legislation, and may be summed up as follows : —

1. An applicant for a homestead selection, an original conditional

purchase, an original homestead lease, or a settlement lease, is
debited with the quantity of land already held by him in
fee simple or under conditional purchase or conditional lease,
and can take up only such an area, as, added to that already
held, will keep within the maximum area allowed for the
holding applied for. Provision is made against defeat of
this restriction by any fraudulent transfer.

2. A person who shall obtain a homestead selection, an origmal

conditional purchase, an original homestead lease, or a settle-
ment lease, will be precluded from obtaining any further
holding of any of these four classes unless he has obtained
a certificate that adverse circumstances compelled hini to
abandon or surrender his holding.

3. If his holding consists of a homestead lease or a settlement

lease, the disqualification will, however, in any circumstances
cease when the term with which the lease started shall have
run its full course.

28 NEW SOUTH WALES.

Every application of any of tlie classes referred to is required to be
made in good faith, and an application is not taken to be made in good
faith unless tlie sole object of tlie applicant is to obtain the land in
order that he may hold and use it for his own exclusive benefit
according to law.

Qualifications to Select.

A person of, or over, the age of 16 years (of either sex) may make a
Conditional Purchase or Homestead Selection, but no person under
the age of 21 years can apply for any lease other than a Conditional
Lease, or in certain circumstances a Homestead Lease. For the last
mentioned lease a minor may apply if not less than 16 years of age
and of the male sex. Minors, so far as concerns their transactions
in connection with certain holdings under the Crown Lands Acts, enjoy
the rights, and are subject to the liabilities, of persons of full age.

A person who is not a naturalised subject of Her Majesty is
debarred until he obtains letters of naturalisation, or until he has
resided in New South Wales for twelve months, and then at the date
of application he must lodge a declaration of his intention to become a
naturalised subject within five yeai*s from that date.

Married women are disqualified unless they are judicially separated
and actually living apart from their husbands.

Homestead Selection.

The Homestead Selection system owes its introduction to the
Crown Lands Act of 1895, and offers special advantages to the small
capitalist, inasmuch as the land may be held for the first five years
at the extremely low rental of Ij, and thereafter at an annual rental
of 2h per cent, of its capital value. The rental period dates from
the date of confirmation of the application by the Local Land Boai-d,
and the rent is payable in advance half-yearl}^. The initial capital
value is determined and advertised before the land is thrown open,
and is not susceptible of alteration for the first fifteen years. For every
subsequent period of ten years the land is revalued by the Local
Land Board, a fresh appraisement being necessary for each decade.
It is important to note that no minimum value is fixed by law, and
it is thus made possible fi'om the beginning, and throughout, to
accommodate the rent to actual and changing values, an advantage
which, during a period of depreciation, must necessarily be felt by
the land owner. Land before being made available for Homestead
Selection (and there is no restriction as to the division of the Colony
in which it may be situated), is ascertained to be suitable for the
purpose, and is measured into blocks, estimated to be each sufficient
for the maintenance of a family, not, however, in any case exceeding
1,280 acres' in extent; but, for the convenience of town residents,
lands within easy distances of their places of business, are some-
times made available in comparatively small areas. After a given date
(which is notified in the Government Gazette) the land may be obtained
on application to the local Crown Land Agent, the earliest applicant
having the right to the block which he may have chosen. Where

LAWS RELATIXG TO CROWN LANDS.

two or more applications happen to be tendered simultaneously for the
same block, the Land Agent determines their priority by ballot.* At
the time of application one half year's rent and one third of a fee
charged for survey (see appended scale) have to bo deposited. Payment
of the balance of the survey fee is spread over the first two years, one
half of such balance being payable within the first, and the other lialf
within the second twelve months after cDufirmatifm. To illustrate the
foregoing: — If a block of 610 acres (1 square mile) should be adver-
tised at £1 per acre, or £640 in all — but it should be mentioned hero
that land is frequently thrown open at prices considerably below this
— the first annual rent would be £8, and the survey fee £8 Is. od.
Of the former £4, and of the latter £2 13s. i)d. (/.c. £6 IGs. Od.
in all) v/ould be required at the time of application. This
initial expense will be recognised as small, and it will be seen that
the selector is not called upon afterwards to expend any but a
nominal sum in improvements. All that the law requires in this con-
nection is that he shall within the first eighteen mouths after confir-
mation of his application erect a dwelling house worth at least £20.
A condition of perpetual residence, commencing within three months
after date of confirmation of the application, however, attaches to
the holding, the object of which is to secure that the land shall be
used for its intended purpose, and as a salutary check against, what
has hitherto been, a prevailing tendency to take advantage of the
law for merely speculative purposes. To such pui^poses a short
definite term of residence has, unfortunately, hitherto been found to
lend itself, land freed from all but monetary obligations being readily
taken over.

Should the land selected contain improvements at the date of appli-
cation, the Selector is required to pay for them in four equal yearly
instalments, with interest at 4 per cent, per annum.

The title of a homestead selection is a freehold one, but the issue of
a grant in fee simple is deferred for five years, and during this terra
the land cannot be transferred. The issue of the grant is contingent
upon the Land Board granting a certificate that the conditions
attaching to the selection have, up to the time of inquiry, been pro-
perly fulfilled. The grant contains provisions for "the annual pay-
ment by the grantee, his heirs, and assigns for ever of a perpetual
rent ; the performance by the grantee, his heirs, and assigns for ever of
an obligation to live upon the homestead selection, having his or then-
home and place of abode there t; and forfeiture to the Crown of the
lands granted in case the obligation to live thereon or to pay any sums
due as rent be not duly performed/'

The condition of residence may perhaps appear stringent, but it is
not inflexible, as before issue of the grant the Local Land Board
may grant leave to the selector for a necessary cause, and for suc!i
period as may be determined, and, after issue of the grant, the

* This provision as to ballot applies to conflicting applications of all kinds, incluaing
applications for Conditional Purchases, Homestead Leases, &c.

+ After issue of the grant the minimum period of lining on the laml may be dcfi^^^^^
by the Governor by regulations. The period, however, cannot be less tlian se^ en montl.a
In every year.

30 A'EfV SOUTH WALES.

Governor, although expressly debarred from abrogating the con-
dition altogether, is invested with the power of granting exemptions
from, or relaxation of, its performance in such cases of inability
or hardship (such as sickness, &c.) as are likely to arise. No one
exemption can operate for a longer period than one year ; but as no
limitation is placed upon the number of exemptions which may be
granted, it follows that an original period of exemption may, if
necessity should dictate, be extended by a series of exemptions fol-
lowing one upon the other.

To meet the circumstances of persons who, though anxious to
secure a Homestead Selection, may be prevented by their occupations
from immediately entering into residence, the law provides that, until
issue of the grant, that is during the first five years, the condition may
be performed by an approved deputy, on the understanding, how-
ever, that when the grant does issue, the selector himself will take
over the obligation. In such cases the general conditions differ from
those attaching to an ordinary Homestead Selection. The survey fee
is payable in full at the date of application, the rent up to the issue of
the grant is 3| instead of \\ per cent, of the capital value, the
dwelling-house has to be worth at least £40 in value, and, in addition,
one-tenth of the land has to be in full tillage within three years after
the date of confirmation, and one-fifth during the fourth and fifth
years after that date.

When a number of selectors comprising not fewer than twenty
families desire, for the sake of social conveniences and advantages, to
settle together, the Grovernor may allow their respective conditions of
residence to be performed within the boundaries of a village or hamlet
adjacent to their selections, subject to such conditions as he may see
fit to prescribe.

There is one special advantage conferred upon a homestead selector,
which has, so far^ not been extended to other purchasers from the Crown.
This is protection for his holding. He is at liberty, by a simple process
of registration at the office of the local Crown Land Agent, if not in
insolvent circum^stances at the time, to secure himself against depriva-
tion. His land cannot then be sold under a writ of execution, will not
be affected by his bankruptcy, or in any way taken from him for the
satisfaction of any debt or liability under process or constraint of law.
He himself is precluded from transferring the land while the registra-
tion remains unwithdrawn, and the registration becomes inoperative
Avhen he ceases to live on the land, or obtains protection for another
holding.

A Homestead Selection may be surrendered, in which case the
surrenderor is entitled to tenant-right in improvements. Tenant-right
may also be conceded in the case of a forfeited Homestead Selection.

Conditional Purchases.

The Conditional Purchase (or, as it is sometimes called, the Free Selec-
tion) System, dates back to the year 1861. As the words imply, a con-
ditional purchase is a purchase in fee simple subject to the fulfilment
of certain conditions. These conditions include residence for a term

LA WS RELATING TO CROWN LANDS. 3 i

of ten years, tlio fencing or other improvement of tlio land, and
the payment by annual instalments of the purchase money with
interest at 4 per cent, per annum. A conditional purchase may be
of land in the Eastern or Central Divisions, and may comprise unre-
served country land not held under pastoral or other lease. The fact of
land being held under annual lease or occupation license and containing
improvements is not a bar to purchase, nor is survey or classification ui
the land a necessary preliminary. If an ap])licant selects land con-
taining improvements, he accepts an obligation to pay for them, but
payment is usually spread over a period and arranged for in instal-
ments. In either of the divisions mentioned the minimum area is 4()
acres, the maximum area being in the Eastern Division G40 and in
the Central Division 2,5G0 acres. The maximum areas referred to
may be acquired by degrees at intervals, that is to say, the selector
may take up a comparatively small area at first, and gradually supple-
ment it by what are called additional purchases.

Land applied for under conditional purchase is ordinarily taken at a
statutory price of £1 per acre, but the law contains a provision for the
setting apart of what are termed Special Areas (which may be in the
Western as well as in either of the two divisions already mentioned),
and the price of land within these may be fixed at 30s. per acre and
upwards. A conditional purchase within a special area cannot exceed
320 acres in the Eastern or 640 acres in the other divisions, and in the
Eastern Division carries no right to a conditional lease. One featun-
with respect to special areas is that they may include land within
suburban or population boundaries, but it is to be understood that the
minimum and maximum areas of all special area conditional purchases,
whether within suburban or population area boundaries, or not, are
governed by the terms of the proclamation setting them apart.

With an application (which has to be made to the local Crown
Lands Agent) for a conditional purchase of ordinary land, a deposit
of 2s. per acre and a survey fee according tj the appended scale
are required, No other payment to the Crown is necessary for three
years. At the end of the third year from the date of application an
instalment of Is. an acre is due, and thereafter a like instalment is
payable annually. Three months^ grace is allowed for the payment
of each instalment. The deposit and the first instalment are wholly
devoted to reduce the debt, interest not being charged for the finst
three years. The balance, after payment of the first instalment, is
therefore 17s. per acre. Out of each succeeding instalment interest is
taken and the residue credited in reduction of the debt. The interest
is computed on the balance as reduced from year to year, and is, con-
sequently, a diminishing quantity. Under this system it takes thirty
instalments of Is. per acre, together with the original deposit, to clear
off the debt ; but the holder of the land may, after he has obtained a
certificate from the Local Land Board that he has fulfilled his condi-
tions, pay off two or more instalments, or the whole of his balance
according as it suits his convenience.

On a conditional purchase within a special area a deposit of 10 per
cent., and annual instalments, each 5 per cent, of the priceof the
land, are required. A survey fee is payable at the date of application.

NEW SOUTH WALES.

The following is a coinplete illustration of tlie metliod of payment
referred to. The figures refer to a conditional purchase of 40 acres
applied for on the ord September, 1891, at £1 jDcr acre : —

Date when

Portion

Amount

Instalment due

Interest

of Payment

upon which

PajTnents.

(three months'

taken out of

taken to

Balance.

the Interest

Period of Interest. 1

grace allowed

Instalment.

reduce the

for payment).

Balance.

computed.

£ s. d.

Deposit.

1 application.

Instalments.

3 Sept., 1894

Nil.

3 ,

, 1895

17 2

12 10

33 7 2

34"'6"o

3 Sept., 1894, to 3 Sept., 1895 1

3 >

, 189(3

1 6 9

13 3

32 13 11

33 7 2

, 1895, to 3 ,

1896

3 ,

, 1897

16 2

13 10

32 1

32 13 11

, 1896, to 3 ,

1897

3 ,

, 1888

15 7

14 5

31 5 8

32 1

, 1897, to 3 ,

1898

3 ,

, 1899

30 10 8

31 5 8

, 1^98, to 3 ,

1899

3 ,

, 1900

14 5

15 7

29 15 1

30 10 8

, 1899, to 3 ,

1900

3 ,

, 1901

1 3 10

16 2

28 18 11

29 15 1

, 1900, to 3 ,

1901

3 ,

, 1902

13 2

16 10

28 2 1

28 18 11

, 1901, to 3 ,

1902

3 !

, 1903

12 5

17 7

27 4 6

28 2 1

, 1902, to 3 ,

1903

3 ,

, 1904

1 1 10

18 2

26 4

27 4 6

, 1903, to 3 ,

1904

3 1

, 1905

111

18 11

25 7 5

26 6 4

, 1S04, to 3 ,

1905

3 ,

, 1906

10 3

19 9

24 7 8

25 7 5

, 1905, to 3 ,

1906

, 1907

19 C

10 6

23 7 2

24 7 8

, 1906, to 3 ,

1907

, 1908

IS s

114

22 5 10

23 7 2

, 1907, to 3 ,

1908

3 ,

, 1909

17 10

12 2

21 3 S

22 5 10

, 1908, to 3 ,

1909

3 ,

, 1910

20 8

21 3 8

, 1909, to 3 ,

1910

3 ,

, 1911

18 16 8

20 S

, 1910, to 3 ,

1911

3 ,

, 1912

15 1

1 4 11

17 11 9

18 16 8

, 1911, to 3 ,

1912

3 ,

, 1913

14 1

1 5 11

16 5 10

17 11 9

, 1912, to 3 ,

1913

3 >

, 1914

14 18 10

16 5 10

, 1913, to 3 ,

1914

3 !

, 1910

13 10 10

14 18 10

, 1914, to 3 ,

1915

3 ,

, 1916

10 10

19 2

12 1 8

13 10 10

, 1915, to 3 ,

1916

, 1917

9 7

1 10 5

10 11 3

12 1 8

, 191fi, to 3 ,

1917

, 1918

8 6

1 11 6

8 19 9

10 11 3

, 19]7, to3 ,

1918

3 ,

, 1919

7 2

1 12 10

7 6 11

8 19 9

, 1918, to 3 ,

1919

3 ,

, 1920

5 11

1 14 1

5 12 10

7 6 11

, 1919, to 3 ,

1920

3 J

, 1921

4 6

1 15 6

3 17 4

5 12 10

, 1920, to 3 ,

1921

3 ,

, 1922

3 1

1 15 11

2 5

3 17 4

, 1921, to 3 ,

1922

3 ,

, 1923

1 18 5

2 5

, 1922, to 3 ,

1923

A conditional purchase holder who may, for any year, be unable to
pay his instalment may obtain the Minister's permission to suspend
payment, in which case the interest alone is payable, or may itself
remain unpaid, and become part of the original debt. During the
period of suspension the holder must reside on the land.

If of, or over, an area of 100 acres a conditional purchase may be
subdivided, and the balance paid up on one or more of the blocks into
which the land has been subdivided.

In certain circumstances a conditional jourchase may be converted
into a homestead selection.

An original conditional purchase cannot be transferred until the
conditions of the first five years are certified to have been fulfilled.

Conditional Lease.
Any applicant for, or holder of, a conditional purchase applied for
since the 1st January, 1885, is entitled to hold adjoining land under
conditional lease. With an application for a conditional lease a deposit
of 2d. per acre and a survey fee as for an additional conditional purchase
are payable. A conditional lease may comprise up to three times the
area of the purchase by virtue of which it is applied for, and the total
area of conditionally purchased and conditionally leased land may reach
1,280 acres in the Eastern, and cannot exceed 2,560 acres in the

LA WS RELATIXG TO CRGWN I.AXDS. 33

Central Division. The lease has a terra o£ twenty-eight years, subicct
to payment of an annnal rent as appraised by the Land Board', and to
the fulfilment of such conditions as apply to an additional conditional
purchase. Pending appraisement of rent, a provisional rent of 2d. j)cr
acre is payable. The rent, which is calculated from the date of
application having-^ regard to the fact that the lessee may enter into
immediate occupation, is payable annually in advance, and is subject
(on the application of the lessee or at the instance of the Minister)
to reappraisement at the expiration of fifteen years, the new rent
applying to the balance of the term. The lessee is entitled to convert
his lease wholly or partly into an additional conditional jnn-chasc at
any time during its currency, and to continue to hold the balance
under lease. Although, therefore, in the Eastern ]^ivision a con-
ditional purchase cannot be applied for in excess of OiO acres, double
this area may be secured by the agency of a conditional lease.

Tenant-right in improvements is given to the last holder of an
expired lease, and the Governor may concede it where the lease has
been forfeited or surrendered.

Condition of Rpsiclencp attaclied to Conditional Purchasvs and
Conditional Leases.

The term of residence is computed so as to expire ten years from
the date of application, and although the applicant may enter into
residence immediately, he is not required to do so until his applicaticni
has been confirmed by the Land Board. He then has three months'
grace to do so. Residence is defined as '''continuous and bond tidr.
living on the land as the holder's u.sual home without any other
habitual residence."

A separate condition of residence attaches to every additional con-
ditional purchase or conditional lease, but in this connection certain
cjualifications have to be pointed out.

An original conditional purchase and any additional conditional
purchases and conditional leases of the same series are treated as one
holding, so that no alteration of the original ^>/are of r^sidence is
necessary.

The new condition of residence is abrogated altogether so long as the
additional conditional purchase or lease is held by the same person who
applied for the original conditional purchase ; but this exemption will
not apply if the holder has previously taken up or is the owner under
conditional purchase or conditional lease of 1,280 acres in the Eastern
Division, 2,560 acres in the Central Division, <n- 1,020 acres partly in
two or more divisions.

Even although the holder of the additional conditional purchase or
lease may not be identical with the original selector, if he has, prior to
taking up the additional area, been continuously resident on the earlier
selections, his previous term of residence will be calculated in reduc-
tion of the new term, but in no case will he receive credit for more than
five years.

These provisions are calculated to relieve the t/moi fide resident from
unnecessary conditions, while at the same time they provide a check
c

34 NEW SOUTH WALES.

against non-residential holders of large areas of conditionally pur-
chased land extending their holdings, to the exclusion of selectors
willing to take up land to make their homes thereon.

Wliere a parent and child hold land under conditional purchase or
conditional lease adjoining each other, the child may continue to reside
with the parent until the age of 21 is reached in the case of a boy,
or 24 in the case of a girl.

In the case of an unmarried man and an unmarried woman holdinsf
incomplete conditional purchases, and then marrying before the
completion of the term of residence, they are permitted to reside for
the balance of the term on either one of the holdings.

The condition of residence on any conditional purchase may be
suspended by the Local Land Board for a definite period in case of
illness, drought, or for other sufiicient cause.

Condition of Fencing or Tmjyrovement.

Land held under conditional purchase or conditional lease has to be
fenced in within three years from the date of confirmation of appli-
cation ; but the selector may dispense with fencing, provided that he
effects substantial improvements to the value of 6s. per acre within the
first three years after the date of confirmation, and brings their value
up to 10s. per acre within the next two succeeding years. In no case,
however, need the exiDcnditure exceed £384 within the first, or £640
within the second term. In other Avords, no greater expenditure is
required on 2,560 acres in the Central Division than on 1,280 acres in
the Eastern Division.

Conditional purchases and conditional leases held by a parent and
child may without the imposition of any extra conditions be enclosed
together with a ring fence.

Local Land Boards are empowered to extend the period for fencing
in any case, and in case of illness, &c., &c., to suspend the condition
of fencing or improvements.

Non-residential Conditional Purchases.

Provision is made for conditional purchases exempt from any condition
of residence. The minimum area is 40, the maximum area 320 acres. "^
The price, deposit, and annual instalments are double those which would
be payable for the same land if taken up under residential conditions.
This does not apply to the survey fee. Within twelve months after
the date of confirmation of the application the land must be fenced, and
within five years from that date improvements (excluding the fencing)
have to be made to the value of £1 per acre. With the permission
of the Land Board the fencing may be dispensed with, in which case
the improvements within the five years referred to are required to be
of the value of £1 10s. per acre. Anyone who has made any con-
ditional purchase is disqualified from making or holding a non-
residential conditional purchase ; and the making of a non-residential
conditional purchase disqualifies the conditional purchaser from at any

• If the land is v/ithin a special area the maximum area is limited by the terms of the
proclamation.

LAWS RELATING TO CROWN LANDS. 35

time thereafter making either a residential or another non-residential
conditional purchase, unless the latter is necessary to cnuhli" him to
reach his maximum area. A non-residential conditional purdiaso docs
not carry a right to a conditional lease.

Auction Sales.

Crown lands may be sold by auction without conditions; but fi-uiu
considerations of policy the law provides that during any one year not
more than 200,000 acres shall bo disposed of by this method. Town
and suburban lands are for the most part disposed of in this manner.
Lands are put up in blocks, each not exceeding h acre in the case of
town lands, 20 acres in the case of suburban lauds, and 640 acres in
the case of country lands. The blocks are offered at upset prices, which
necessarily vary according to their situation and advantages ; but such
upset prices cannot be lower than for town lands £8 per acre, suburban
lands £2 10s. per acre, and country lauds £1 5s. per acre.

In all cases a deposit of 25 per cent, is payable by the purchaser at
the time of sale. The balance, in ordinaiy circumstances, is payable
within three months ; but in the case of town or suburban lands, or
portions not exceeding 20 acres, the Minister may submit the land to
sale on deferred payments, in which case the balance is spread over
a fixed period (not exceeding five years), and is payable in annual
instalments with 5 per cent, interest.

Town or suburban land, or land within a popuhition area, which
has passed at auction may be applied for at the upset price. A
deposit of 25 per cent, of such upset price is payable at the time of
application, the balance being payable on the terms fixed for the
auction sale.

Purchases hij Virtue of Improvements on Gold-fields.

The discovery of gold naturally attracts a large population to the
locality, and is frequently followed by the setting out of a town with
suburban and population limits. Under the provisions of the Mining
Act, persons are authorised to occupy small areas for residential or
business purposes ; and these areas they are permitted — under the
Crown Lands Act — to purchase in fee-simple by virtue of the improve-
ments.

Application is made to the Local Crown Lands Agent with a
deposit of £1, and a survey fee of £1.

The holders must be in residence on the land ; but the place of
residence, though it must be of substantial materials, need not exceed
a few pounds in value. Indeed, so far as the actual requirements of
the Land Act are concerned, it will be sufficient if the improvements
should be of the value of £8 per acre on town, and £2 10s. on other
lands. The purchasable areas cannot exceed \ acre of town lands,
or 1 acre of other lands. The value of the land is subject to appraise-
ment by the Local Laud Board, but cannot go below £8 per acre for
town land, and £2 10s. per acre for other lands, or for any block
containing less than 1 acre. The purchase money is payable withm
three months after notification in the Government Gazette that the
purchase has been approved.

36 KLIV SOUril WALES.

Settlement Leases for Agricultural or Grazing Purposes.

Tlie settlement lease system, like tliat of liomestead selection, is of
recent origin, and is a further attempt to place laud witliin easy reach of
the small capitalist. The land does not become available until after clas-
sification and survey, but there is no restriction as to the division of the
Colony in which it may be situated. The quantity of land which may be
taken up is reg-ulated by the size of the farms into which the land may be
subdivided. AVhcre the land is suitable for agriculture a farm cannot
exceed 1,280 acres ; but where it is suitable for grazing a farm may
contain up to 10,240 acres. Before being thrown open, the capital
value of the land is determined and the lease is subject to an annual
rent (not susceptible of alteration) of 1^ per cent., or 3d. in the £, of
this capital value. Application has to be made to the Local Crown
Lands Agent, and w-ith the application a deposit of one half-year's
rent and a survey fee according to the appended scale are required.
The application has to be considered by the Land Board, and after it
has been confirmed the granting of the lease is a matter for the
Governor. The lease has a term of twenty-eight years.

In addition to payment of rent, the conditions of the lease are : That
the lessee shall pay the value of improvements which may be on the
land at date of application, either in one sum or in three equal yearly
instalments, with interest at 4 per cent, per annum ; that he shall
reside on the farm and make it his hond fide residence during the whole
term ; that he shall fence it within five years ; that he shall not assign
or sublet without the Minister's consent ; and that he shall conform to
any regulations made by the Minister with respect to keeping the farm
clear of rabbits or other noxious animals, and also to clearing the farm
of scrub and noxious weeds.

Upon the expiration of the full term of the lease the last holder is
given tenant-right in improvements, and during the last year of the
lease the holder may convert 1,280 acres into a homestead selection.

Pastoral Leases and Occupation Licenses.

Up to the year 1885 the whole of the unsold lands outside town and
suburban limits were, broadly speaking, held under pastoral lease.*
Lessees, however, although they nominally held for a term of years,
had no security of tenure, inasmuch as the land coald be disposed
of by the Crown in various Avays, and was open to the selector on any
Thursday. Lessees possessed the privilege of buying j^ortions of the
land by virtue of such permanent improvements as they had effected,
but this was found to invite artificial expenditure on their part, and the
privilege, in fact, came to be limited, and at last abolished, by law. In
the meantime they had yielded to the temptation of securing- parts of
their runs by purchase at auction, and indirectly by conditional pur-
chase — a course which, no doubt, w^as in some measure induced by
the fact that speculative selection directed against their interest had
come to be somewhat freely indulged in. It has thus happened that
most pastoral properties at the present day consist of a proportion of

* It has not been thought necessary here to make any special reference to what were
called the first-class settled districts in which the land was held under annual lease.

LAWS RELATING TO CROWN LAXDS.

freehold, conditionally pureliased, and leasehold land, and indeed, at
the present time, many extensive runs practically consist wliolly of
lands which have passed out of the possession of the Crown.

After the Act of 1884 came into operation every pastoral lioldii^r in
the Colony was subdivided."^- The lessee was left in occupation of
the Avhole area under new rentals, but his tenure of one-lialf dilTered
entirely in character from his tenure of the other. Of one (called tlio
Leasehold Area) he was granted a lease for a definite term and without
risk of disturbance. Of the other (called the Ilesumed Area) he was
granted an occupation license, renewable annually, but as the land
has remained open to the public under the various provisions of the
Crown Lands Acts the area over which the license operated has been
liable to constant diminution. This is characteristic of all occupation
licenses, including those that may come into existence in future as
well as those in existence now.

Leases in the Eastern Division were granted for five years, those in
the Central Division for ten years, and those in the A\'estern Division
for fifteen years.

The Eastern leases expired in the year 1890, and the land is for the
most part held under occupation license, a preferential right to whicli
was granted to the outgoing lessees, together with ownership in
improvements

The Central leases expired in 1895, but by virtue of a provision
of the Act of 1889 some of the lessees by improving their holdings
earned, and are now in the enjoyment of, an additional term which
varied in different cases from less than one up to five years. Such out-
going lessees as did not apply for, or did not obtain, or withdrew tlieir
applications for, an extension of lease were entitled to remain in occu-
pation of the land on the same terms as outgoing lessees in the Eastern
Division.

In connection with these extended leases the Crown, on the expiration
of the lease, will claim all improvements made before the 1st June,
1895, taking them as the price paid by the lessee for his extended term;
but such as may be made subsequently will, if the Crown's permission
to their being effected be first sought and obtained, be treated as the
property of the lessee upon his continuing in occupation of the land
under occupation license, a preferential right to which is given him to
exercise.

With respect to the Western leases the term of fifteen years was by
the Act of 1889 converted, on application by the holders, into a new
term of twenty-one years, and by the Act of 1895 an additional term
of seven years has been added. This term of twenty-eight years
dates from the year 1890, and is divisible into seven-year periods, the
rent applicable to each period being subject to reappraisement.f On
the expiration of the term of a western lease, the last holder is given
tenant right in improvements. During the last year of the lease 040

* A few holdings were not subclividecl on account of their limited area, the whole of
whicli then became a Leasehold Area.

+ Under the Act of 1895 holders of Pastoral leases in the Western T^ivision have »)Ocn
allowed to apply for an immediate reappraisement, which includes the kilance of tlie
current seven-year period and the succeeding seven-year period.

38 NEW SOUTH WALES.

acres may be applied for under Homestead Selection. There is now
a provision in the Act of 1895 under which a resumed area in the
Western Division may be re-attached to the leasehold area.

It will be understood from the foregoing that the term of the new
pastoral leases brought into existence under the Act of 1884 varied with
the situation of the land^ being shortest in the Eastern, longest in the
Western,, and of intermediate duration in the Central Division. In
this way a progressive supply of land was kept up extending from the
coast to the interior^ and a further provision has been made in the Act
of 1895 for withdrawing land from pastoral lease in either the Central
or Western Division, the lessee obtaining by way of compensation
an extension of lease of the residue of the leasehold, proportioned
to the area withdrawn, and a right to a preferential occupation license
of the land withdrawn. In the case of a Central Division lease up to
one-half, and in the case of a Western Division lease up to one-eighth
of the area may be resumed.

No conditions attach to a pastoral lease or occupation license other
than the payment of rent annually in advance.

The Minister may dii*ect a re-appraisement of the rent of an occupa-
tion license at any time.

Homestead Leases.

A Homestead Lease is confined to land in the Western Division, and
may be applied for over vacant land, or land held under occupation
license, but must in either case be outside the limits of a town, or its
suburban or population area. The lease is for grazing purposes, and
offers an invitation to the small pastoralist. The minimum area is
2,560 acres, the maximum area 10,240 acres. Application has to be
made to the local Crown Lands Agent, and at the time of application
a deposit of Id. per acre is payable, together with £10 towards cost of
survey. The application is subject to consideration and recommenda-
tion by the Land Board, by whom also the rent is appraised. The
granting of the lease devolves upon the Governor. The approval of
the lease is notified in the Gazette, and within sixty days thereafter the
balance of cost of survey and any rent due are payable. The rent is
calculated from the date of application (which gives the applicant a
right to enter into occupation), and pending the Gazette notice a pro-
visional rent of Id. per acre is payable. The lease has a term of
twenty-eight years, the rent being payable annually in advance, and
subject to reappraisement every seven years.*

The holder of a homestead lease is required to enter into occupation
within ninety days after the Gazette notification of approval of the
lease, and during each year of the first five years (computed fi*om the
date of application) to reside continually on the land for the space of
six months.

Within the first two years of the lease he is required to fence the
boundaries of the land, but the Land Board may for sufficient cause
extend this term.

* Under the Act of 1895 holders of Homestead leases in existence when that act
became law have l;een allowed to ajjply for an immediate re-appraisement, which includes
the balance of the current seven-year period and the succeeding seven-j'ear period.

LAWS RELATING TO CROWN LANDS. 39

A lease of tliis character cannot bo transferred (except liy way of
hona-fide mortgage) until the residential term has exj)ired.

On expiration of the lease the last holder is given tenant right iu
improvements, and during the last year the holder )uay apply for 010
acres as a Homestead Selection.

Leases of Scruh and Inferior Lands and Lnprovcment Leases.

These leases are classed together, having regard to tlic fact that
although there are separate provisions in the Crown Lands Acts
applying to each, they all have features in common ; and in fact the
question whether land shall be offered under one provision or another
is largely a matter of choice. Some of the scrub-infested lands in
the Colony are of a high-class character, and the aim of the law is to
offer such land on terms and conditions calculated to render their
occupation profitable both to the lessee and to the Crown.

Before land can be offered under Scrub Lease it is necessary that the
Local Land Board should recommend it to be declared scruli land ; and
in connection with inferior lands a report from the Board has also to
be first obtained. This procedure is not technically necessary with
regard to lands proposed to be offered under Improvement Lease.

There is no limitation as to the area of a Scrub Lease or of a lease
of inferior lands, but an Improvement Lease cannot exceed an area
of 20,480 acres.

A Pastoral or Homestead Lease may be converted wholly or in part
into a Scrub Lease.

Scrub Leases may be granted on application or disposed of by
auction or tender. Leases of the other two classes may be disposed
of by auction or tender only. The rent of a lease obtained by appli-
cation is determined by the Local Land Board. A lease offered by
auction or tender of course ordinarily falls to the highest bidder or
tenderer. In all cases the rent is payable annually in advance.

The initial rent of an Improvement Lease or a lease of inferior
lands applies throughout the whole term of the lease, and this may
be the case with respect to a Scrub Lease ; but it is in the power of
the Minister when offering a Scrub Lease to arrange that the term
of the lease shall be divided into periods, and that the rent for each
period shall be determined by appraisement.

The term of the lease is fixed by the Minister and cannot exceed
twenty-eight years. Indeed Scrub Leases or leases of inferior land are
limited in the first instance to twenty-one and twenty years respectively,
but under the Act of 1895 the Governor now has the power of extending
the term to twenty-eight years after once a lease has been granted.

A condition of residence does not attach to any of these leases.
The conditions imposed are directed principally to the destruction of
scrub or the improvement of the land. The provisions of the law in
this respect are : — ■

Scrub Leases. — Every holder of a Scrub Lease shall as a condition of
his lease be required to take all such steps as the Local Laiid Boani
shall from time to time, subject to appeal, direct, for the i)urpose of
destroying such scrub as may be specified in his lease or ])romiso of
lease, in and upon the land under Scrub Lease, or in and upon any

40 NEW SOUTH WALES.

land within the boundaries of tlie lease, or in and upon any reserves
or roads witliin such boundaries ; and when so destroyed to keep such
land free from the same ; and shall commence to destroy the same
within three months after the commencement of the lease. And if
the rent thereon shall not be paid within the time allowed, or if in the
opinion of the Minister, after report by the Local Land Board, subject
to appeal, the holder shall have failed to comply with any condition
of his lease, the Minister may, by notification in the Gazette, declare
such lease to be forfeited ; and all improvements on such lands shall
be the property of the Crown.

Leases of Inferior Lands. — Such leases shall be subject to such con-
ditions as may be specified in the Gazette.

Imi^rovement Leases. — The lease may contain such covenants and
provisions as to the Governor may seem expedient, according to the
circumstances of each case, and all such covenants and provisions shall
be notified in the Gazette, and in a local newspaper before the lease is
offered for sale or tenders called for. The lease shall contain covenants
and provisions for the improvement of the land leased, and for the
expenditure of money thereon, for the payment of rent, and for the
determination of the lease upon any breach by the lessee of the
covenants and pi'ovisions thereof.

The last holder of an Improvement Lease is granted tenant-right in
improvements, and the Governor may grant tenant-right to the holder
of a Scrub Lease or a lease of inferior lands. With respect to any of
these leases (where the land is not witliin a Pastoral or Homestead
Lease) 640 acres may be converted into a Homestead Selection.

Annual Leases.

Annual Leases of unoccupied land may be obtained for grazing pur-
poses on application to the local Crown Land Agent and payment of a
deposit of £3 for each 640 acres or less area, or may be offered by auction
or tender. They carry no security of tenure, but are somewhat
largely availed of for temporary purposes ; and if the land should not be
absorbed by conditional purchase, &c., they are renewable from year to
year by payment of rent in advance on or before the 31st December.
No one lease can comprise more than 1,920 acres ; but there is no limit
to the number of leases any one person may hold. No conditions of
residence or improvements are attached to them, the only condition
being, as already explained, payment of rent annually in advance.

With respect to a lease applied for, the land is allotted, and the rent
appraised, by the Local Land Board. The Minister may refuse any
application, and, after three months' notice, cancel any Annual Lease.

Leases Surrounduig Artesian Wells.

The discovery of artesian water in large quantities promises to be a
fact of the largest importance to lands in the Western Division of the
Colony, and, as an encouragement to the holders of land in that
division under the insecure tenures of annual lease or occupation
license, the law contains the following provision : — Any such holder
desirous of boring and searching for water may, on making- application
to the Minister and depositing £10, obtain the reservation of an area

LAWS RELATING TO CROWN LANDS. ^i

up to 10,240 acres siTrrouuding tlie proposed position of the bore.
The effect of the reservation is to protect the land for the applicant's
own nse, and, should boring operations be, in the Minister's ojjinion
sufficiently successful and promising, a lease may be granted of tlio
land at the same rent as already paid for it, but for a term which may
be as long as the unexpired term of the associated pastcn-al lease.

Special Leases.

The law provides for a class of leases termed Special Leases. Such
leases (which do not involve a condition of residence) are to meet
cases where land, in any Division, is required for some industrial or
business purpose — such, for example, as for a brick kiln, tannery, wool-
washing establishment, &c., &c. Land under the sea or under tho
waters of any harbour, lake, river, &c., is deemed to be Crown lands
and may be leased for the erection of wharves, bathing places, &:c. A
Special Lease may be obtained on application at an a))piaised rent, or
disposed of at auction or otherwise. The area leased cannot exceed
320 acres, nor can the term exceed twenty-eight years. Tho conditions
are accommodated to the circumstances of each case. The rent is
payable annually in advance.

Application for a Special Lease is made to the Chairman of the
Local Land Board with a deposit of £3 and a survey fee accordino- to
the appended scale.

Residential Leases.

A " Residential Lease " of land within a Gold or Mineral Field may
be granted to the holder of what is termed a '' Miner's Right " or
"Mineral License." Such right or license is obtainable under the
provisions of the Mining Act. Application for the lease is made to
the local Crown Lands Agent with a deposit of £1, a provisional rent
of Is. per acre and a survey fee according to the ajjpended scale.
The maximum area which may be leased is 20 acres, and the maximum
term of the lease is fifteen years. The rent is determined by the Land
Board, and is payable annually in advance. The Minister may at any
time direct a re-appraisement of rent. The principal conditions of
the lease are residence during the currency of the lease^ and the
erection within twelve months from the commencement of the lease
of such buildings and fences as are necessary for the performance
of this condition. The lessee is given tenant-right in improvements.

Exchange of Land heticeen the Crown and Private Holders.
In the chapter dealing with Pastoral Leases reference has been
made to the fact that Pastoral Lessees before the granting to them of
security of tenure had made it a practice to secure portions of their
runs by conditional purchase or purchase in fee-simple. The practice
was in many instances disadvantageous to the public estate, inasmuch
as the Crown lands were left in detached blocks, severed by the
lessees' freehold properties, and, moreover, the lessees themselves have
come to find that it would be convenient to them to gather their free-
holds together into one or more consohdated blocks, especially withm
their leasehold areas. This result can be secured by the Crown
accepting a surrender of private lands, and granting lands in exchange

NEW SOUTH WALES.

elsewliere. An excliange may apply to laud actually granted^ or land
(sucli as that held under conditional purchase) of which a grant could,
by the payment of purchase money, be demanded, and it is possible
to excliange lands on which a balance is owing for lands to which the
debt is transferred. Any proposal for exchange before finally maturing
has to be made the subject of an investigation by the Land Board,
and while the private owner's interests are fully respected, the Crown's
interests are not less jealously guarded. The carrying of an exchange
into effect ultimately depends upon the mutual agreement of the
private owner on the one hand, and the Crown on the other.

The provisions with regard to exchange extend to cases where the
Crown is desirous of securing lands for public purposes, and in such
cases the question of consolidation of lauds does not necessarily enter.

Scale of Survey Fees.

Area.

Sppciiil I.c

tionul Pun-has

For a
Homestead
Selection.

For a

Settlement

Lease.*

I £ s. d

For any area not exceeding 4 acres ... 1
For every additional acre, or fraction of

an aci'e, up to 10 acres ... ...I 3 4

For 10 acres 2

For every additionp.1 acre, or fraction of

an acre, up to 20 acres ... . . . i 2

For 20 acres 3

For every additional acre, or fraction of

an acre, up to 40 acres ... ... 1

For 40 acres 4

For eveiy additional 5 acres, or fraction

of 5 acres, up to SO acres ... ...i 2 6

For 80 acres [ 5

For every additional 10 acres, or fraction

of 10 acres, up to 320 acres 2 6

For 320 acres 8

For every additional 15 acres, or fraction

of 15 acres, up to 640 acres ... ... 2 6

For 640 acres 10 15

For every additional 20 acres, or fraction

of 20 acres, up to 1,280 acres ...I 2 6

For 1,280 acres ' 14 15