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2. And it is hereby notified for public information, that application will be made to Her Majesty for an Order in Council, under the provisions of the Act of Parliament 9 and 10 Vict. cap. 104, constituting three of these counties, viz., Clinton, Deas Thomson, and Livingstone, to be of the class of settled lands, which will thus be withheld from pastoral occupation and be available for the ordinary purposes of settlement, together with so much of the counties of Liebig, Palmerston, and Flinders as lies within three miles of the sea coast, which, by the operation of Her Majesty's Order in Council of 9th March 1847, is already of the settled class of lands; and pending the receipt of Her Majesty's decision, the lands situated within these three counties will be treated as settled lands, and will not be open to tender for pastoral purposes.
3. Application will in like manner be made for an Order in Council constituting the remaining five counties to be of the intermediate class of lands which, with the exception of the portion of the counties of Liebig, Palmerston, and Flinders bordering on the sea coast, will be thus open to tender for pastoral purposes, but on the conditions specially applicable to intermediate lands, as defined in cap. III. of Her Majesty's Order in Council of 9th March 1847.
4. His Excellency, with the further advice of the Executive Council, has been pleased to erect the tract of country comprised in these five counties, except as before excepted, into a commissioner's district, to be called the Port Curtis district, which will be under the control of the officer who has been appointed government resident at Gladstone, who will also exercise a supervision over the Crown lands in the three settled counties, and in the settled portion of the counties bordering the sea coast.
5. The existing pastoral districts of Wide Bay and Burnett have been united into one district, and a new district has been established, to be called the Leichhardt district, the boundaries of which are appended hereto.
6. His Excellency deems it necessary further to intimate that tenders for pastoral rung in the new districts of Port Curtis and Leichhardt, will not be received until the firs Monday in March next.
By his Excellency's command,
E. DEAS THOMSON.
APPENDIX referred to.
Boundaries of Counties above referred to.
CLINTON. Bounded on the north by the Mount Larcom range; on the south-west by the range dividing the coast waters from tributaries of the Dawson River; on the south by the range at the head of the Boyne River; on the east by the range forming the eastern watershed of the Boyne River, and by a line to the coast to be determined); and on the north-east by the ocean and by the waters of Port Curtis, embracing Facing and other islands lying to the south of Curtis Island.
DEAS THOMSON. Bounded on the south by the Mount Larcom range; on the south-west by the range dividing the coast waters from the tributaries of the Dawson River; on the north by the range forming the southern watershed of the FitzRoy River; and on the north and east by the ocean, including Curtis Island.
LIVINGSTONE. Bounded on the south by the range forming the southern watershed of the FitzRoy River; on the west by the spur range from that range, terminating in the great north-west bend of the FitzRoy River, by a small tributary to that river, and by one of its northern tributaries to the range forming its northern watershed; on the north by that water shed, and by a range from that range, or by some other feature, easterly to the ocean; and on the east by the ocean.
PALMERSTON. Bounded on the east and north by the ocean; on the west by Broad Sound, and by Herbert Creek to its source ; on the south by the range forming the northern watershed of the FitzRoy River, and by a range from that range, or by some other feature, easterly to the ocean.
LIEBIG. Bounded on the north-east and east by Broad Sound and by Herbert Creek to its source by the range forming the northern watershed of the FitzRoy River, and by a tributary to that river; on the south by the FitzRoy River upwards to its great north-west bend; thence on the west by features yet to be determined at an average distance of thirty miles from Herbert's Creek and Broad Sound, and extending northerly to meet Broad Sound at a small inlet on that part of the coast which trends westeriy.
BOUNDARIES OF THE PASTORAL DISTRICT OF PORT CURTIS.
Boundaries of the Pastoral District of Wide Bay und Burnett.
Eoundaries of the Pastoral District of Leichhardt.
Encl. 3 in No. 5.
Enclosure 3 in No. 5.
Colonial Secretary's Office,
Sydney, Jan. 24, 1854.
2. You will also perceive by the notice alluded to, that as the officer appointed as the
3. The entire district of Port Curtis will be held to include the eight counties alluded to, and the three pastoral districts also described in the same notice of Port Curtis, Wide Bay and Burnett and Leichardt. The Crown Commissioners of those districts, of whom you are one, will as hitherto receive their instructions in that capacity from the Chief Commissioner of Crown Lands in Sydney. With this exception all public officers within the boundaries of your district whose appointments are of a local nature, will of course communicate with and obey you on all subjects connected with their duty; and you will be expected to report vacancies and your arrangements in consequence thereof; and also communicate freely with the Government on all matters special or general on which you may desire further instructions, or which you may consider likely to improve the port, township, or district, or to advance their interests.
4. Letters from public officers at Port Curtis to the Government must be addressed to you, and you will forward to me as many of them, or extracts from them, as you may consider necessary, expressing your own opinion in a separate letter when the subject is important; in others, or ordinary cases, making a minute on the margin, and at all times for the sake of avoiding confusion, confining each communication to a single subject.
5. Any letters or representations which may be addressed or made to you on the public service by any of the inhabitants of the district should receive your prompt attention, and you will forward to me, with such a report on the subject to which they relate as may seem to be necessary, any which should be submitted for the information of the Governor General or require his Excellency's decision. Of course such communications relating to lands in your district, not within the settled districts, must be transmitted to the chief commissioner of Crown lands.
6. Any instructions relating to the revenue and expenditure of the departments at Port Curtis (when established) that it may be considered necessary to address to you, will be forwarded to you from time to time as occasion may require. But it may be convenient here to apprise you of the general principles which should govern the expenditure of public money : (1.) No expense can be incurred which has not been provided for by the local legislature,
or expressly charged upon the territorial revenue, and authorized by the Govern(2.) The funds provided for one service cannot be expended on another. (3.) Savings are to be made whenever practicable, and because a certain sum of money
has been provided for any particular service, it does not follow that it must neces
sarily be expended. (4.) Any person who authorizes a departure from any of these rules does so on his own
responsibility. 7. Cases will probably arise wherein it may be desirable for you to put yourself in direct communication with heads of departments in Sydney. The general rule to guide such communications is, that they relate only to matters of detail or the fulfilment of instructions previously given through this office, and that they be continued so long as the despatch of public business is facilitated by them without disturbing the harmony of the service, but they should be discontinued, and the subject brought, through the Colonial Secretary, before his Excellency, the moment a difference of opinion arises.
8. The inspector general of police has already been instructed to communicate with you with regard to the engagement of the police, for which provision has been made by the Legislative Council, and I am to convey to you the authority of his Excellency for the selection of such artificers as may be required, and for the hiring in conjunction with the port-master, of a vessel to convey yourself and party to your destination.
9. In conciusion I am directed to inform you that further instructions will be transmitted to you from time to time as the exigencies of the service may require, and that his Excellency the Governor General will at all times be happy to receive any information or suggestion connected with your duties, or the welfare of Port Curtis, which it may be in your power to offer.
I have, &c. The Government Resident,
(Signed) E. DEAS THOMSON. Port Curtis.
Cory of a DESPATCH from Governor General Sir C. A. FitzRoy to
the Duke of NEWCASTLE. (No. 22.)
Government House, Sydney,
January 31, 1854. My LORD DUKE,
(Received June 27, 1854.) My attention having been directed to the “ London Gazette” of the 24th June last, which contains an Order of Her Majesty in Council, made in pursuance of the provisions of the Act of Parliament of 9 & 10 Vict. c. 104., establishing certain additional rules and regulations applicable to the colony of
12th Nov. 1853.
South Australia, for demising crown lands supposed to contain minerals not auriferous; it occurred to me that similar regulations might with advantage bé adopted in this colony also, where valuable minerals, not auriferous, are known to exist. I therefore consulted my Execntive Council, whose opinion will be found recorded in the minute of which a copy is enclosed.
2. In accordance with their recommendation, I have now the honour to request that if your Grace sees no objection, Her Majesty may be advised to establish a regulation to the effect particularized in the minute of the Executive Council, which differs from the Order of 13th June last, only in the following points, namely, that the latter fixed the rent to be paid for the land at 10s. per acre per annum, whilst the former purports to fix that rate as a minimum : leaving the actual rent to be determined in each by the Governor and Executive Council.
I have, &c.
(Signed) CHARLES A. FITZROY. The Duke of Newcastle,
&c. &c. &c.
Encl. in No. 6.
Enclosure in No. 6.
NEW SOUTH WALES.
PROCEEDINGS of the Executive Council with reference to the leasing of Crown Lands
supposed to contain Minerals not Auriferous.
The Honourable the Auditor General.
2. The Council are of opinion that it would be desirable if the local government were empowered to demise lands supposed to contain minerals not auriferous, on the conditions hereunder stated, and they recommend that application be made to Her Majesty's Government for an Order in Council to authorize the issue of leases accordingly, namely: 1. The extent of land so to be granted shall be fixed from time to time by the Governor
with the advice of his Council. 2. That the term of the lease shall be for a term not exceeding fourteen years, at rental
to be fixed by the Governor with the advice of the Executive Council, but not less than 10s. per acre per annum payable yearly in advance. The lessee on payment of such rent in advance, being entitled to the right of search during the first year, and to the option of giving up the lease. The lease to date from the commencement of
the second year. 3. Any person claiming a lease on the above conditions, who shall remove or cause to be
removed any ore from the land before a lease thereof shall be accepted by him, shall
forfeit his claim thereto. 4. At the termination of the lease, the land shall be open to sale by public auction, to
the highest bidder. 5. Should the land not be purchased by the lessee, the value (to be estimated) of any
improvements he may have made, or buildings he may have erected thereon, will be added to the upset price of the land, and he will be allowed compensation for the same
if sold. 6. The lease to become void and forfeited if the rent is not duly paid in advance, and if the land is not bonâ fide applied to mining purposes.
(Signed) MICHAEL FITZPATRICK, Clerk of the Council