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SOUTH AUSTRALIA.

No. 1.

Encl. in No. 1.

No. 1.

COPY of a DESPATCH from Lieut.-Governor Sir H. E. F. YOUNG to the
Right Hon. Sir JOHN S. PAKINGTON, Bart.
Adelaide, February 5, 1853.
(Received 4th July, 1853.)

WITH reference to your Despatch, No. 60,* of the 13th September last, I have the honour to enclose a copy of the reply which, with the advice of my February 5, 1853. Executive Council, has been sent to Messrs. Allen and Skinner, on the subject of their proposal to navigate the River Murray, for the purpose of claiming the premium which has been published by the local Legislature,

I have now the honour to request that Mr. Barnard, agent general of the colonies, may be directed to treat with Messrs. Allen and Skinner in terms of my communication to them; and on the shipment, consignment, and mortgage, to and in favour of the local Government of this colony, of the iron steam boats, engines, and machinery, with which Messrs. Allen and Skinner purpose to navigate the river Murray, to advance to them one thousand pounds, and a further sum of three hundred pounds provided they ship, consign, and mortgage to the local Government two iron punts of seventy tons burthen each, to accompany the steamers.

Despatches from Lieut.-Governor Sir H. E, F. Young.

(No. 15.)

SIR,

The said steamers and punts will be re-conveyed to Messrs. Allen and Skinner on the re-payment in Adelaide of the advances thus made to them in England.

I may take this occasion of stating, that all disbursements made by Mr. Barnard in England, on the requisition of the local Government, may be debited to any funds in his hands belonging to the colony, or may be repaid to the commissariat offices in Adelaide, whose certificate of receipt would then be duly forwarded.

It should be remembered that the above is written under the supposition that no steps will have been taken to purchase, on account of the local Government, the iron steam boat referred to in my Despatch of the 31st July last, No. 20.

In the event of a steamer having been purchased on account of the local
Government, it will be unnecessary to treat with Messrs. Skinner and Allen.
I have, &c.
(Signed)

H. E. F. YOUNG.

The Right Hon. Sir J. S. Pakington, Bart.
&c.
&c.
&c.

Enclosure in No. 1.

Government Offices, Adelaide, February 5, 1853.

SIRS,
I HAVE received your letter of the 1st October last relative to your proposed iron
steamers for the navigation of the river Murray, and also a copy of your communication
of the 30th August last, to the Right Honourable the Secretary of State.

I regret to be compelled to state that the conditions on which the premium offered by the Governor and Legislative Council of South Australia is payable cannot be altered in any respect without their previous sanction, and that it is not now practicable to obtain a decision on the alterations you have suggested as to the draught of water.

I have also to state, that the Governor and Council would not consider a successful navigation of the river Murray to its junction with the river Darling to be effected, unless it were persevered in by successive voyages repeated during one year, so as to show the fitness of the boats to contend with all the varying obstacles of the river arising from change of the season.

No exclusive privilege could be granted; the trade of the river would be open to all competition.

The employment of the steamers as tugs would prove no impediment to the payment of the premium, provided punts or other craft for cargo and passengers were towed by the tugs.

*Page 67 of Papers relative to "Crown Lands, Australian Colonies," Part 2, presented to both Houses of Parliament by Command of Her Majesty, August 16, 1853.

The payment of the premium, being conditioned to be made on the success of the voyages, could not be advanced before their accomplishment. It is unnecessary to place funds in the hands of some third person in England, to await the fulfilment of the conditions of the premium. The local government is already a trustee for the payment of the money to the order of the successful competitors, either in Adelaide or London, as may be desired.

There is, however, no objection to make to you an advance of one thousand pounds through the Colonial Agent General, Mr. Barnard, provided the Government hold security over the boats in a manner to be pointed out by instructions which will be conveyed to Mr. Barnard by this opportunity.

The Agent General will also be instructed to make a further advance of 300l. towards the shipment with the steamers of two iron punts or barges, of not less than 70 tons burden each. This advance to be also secured to the government in like manner as that first mentioned.

Reasonable advances in the colony may also be obtained on account of the premium, on the local government being satisfied with the successful progress of the undertaking.

Independently altogether of the premium for iron boats of two feet draught of water and 40-horse power, for which you propose to compete, there exists at present a contract under which a steam boat of wood is covenanted to be on the River Murray next month, for at least 12 trips as far as the River Darling. This boat is to be of 40-horse power, 100 tons burden, 100 feet long, and is to be supplied with a punt of the like tonnage. The contractor has recently (in September 1852) reported his exploration of the River Murray for a distance of 1,300 miles; the depth of water being found to be seven and five fathoms to a quarter less three; and he is induced to suppose that, even under the most unfavourable circumstances, the depth in the channel is neverless than four feet. Subsequently to this report, the contractorhas stated his belief to be that, in seasons of flood, the steamer will be able to reach the town of Albury, in New South Wales.

Although all the information in my possession leads me to conclude that it is in your power to place the first, and, therefore, the successful iron steamers on the River Murray, in terms of the notice of premium, you must, of course, be aware that should any other iron steamers of the requisite description precede you, the premium will be theirs and not yours.

I am, &c.

(Signed) Messrs. Allen and Skinner, Steel-yard Wharf, Upper Thames-street.

H. E. F. YOUNG,
Lieutenant Governor of South Australia.

No. 2.
COPY of a DESPATCH from Lieutenant Governor Sir H. E. F. YOUNG to the
Right Hon. Sir JOHN S. PAKINGTON, Bart.

Adelaide, April 5, 1853.
(Received July 6, 1853.)

These rules are in substitution of those fixed by proclamation in 1851, and are issued in conformity with an Act, No. 10, of 17 Nov. 1848, intituled, “ An "Act to regulate the occupation of Crown Lands in South Australia,” and are also authorized by a Royal Order in Council of the 19th June 1850.

H. E. F. YOUNG.

(No. 33.)

(Answered No. 51, August 5, 1853, page 85.)

SIR, I HAVE the honour to transmit copy of a proclamation to make general March 23, 1853. rules, under which the holders of purchased land within any hundred may depasture in common the unappropriated waste lands of the Crown situated therein.

I have, &c.
(Signed)

The Right Hon. Sir John S. Pakington, Bart., &c.

&c.

&c.

Enclosure in No. 2.

PROCLAMATION.

By his Excellency Sir Henry Edward Fox Young, Knight, Lieutenant Governor of Her
Majesty's province of South Australia, and Vice Admiral of the same, &c., &c.

SOUTH AUSTRALIA.

WHEREAS by an ordinance enacted by the Governor of South Australia, with the advice and consent of the Legislative Council thereof, bearing date the seventeenth day of November, one thousand eight hundred forty-eight (No. 10), "To regulate the occupation of Crown Lands in South Australia," it is amongst other things enacted, "That it shall be

No. 2.

Encl. in No. 2.

SOUTH AUSTRALIA.

lawful for the Governor, by proclamation published in the "South Australian Govern-
ment Gazette," to make and establish such orders and regulations as to him shall seem
meet, for the purpose of annually determining the number and description of cattle to be
depastured on the commons of any hundred, and apportioning the common of pasturage
among the occupiers, and protecting them in the enjoyment of the same, and any such
orders and regulations in like manner to vary, amend, or revoke," in manner provided by
the said ordinance: And whereas, by an order of the Queen's most Excellent Majesty in
Council, bearing date the nineteenth day of June, one thousand eight hundred and fifty,
and proclaimed in this province on the seventh day of November in the same year, it was
amongst other things enacted by the Queen's most Excellent Majesty, by and with the
advice of the Privy Council, that it should be lawful for the Governor of the province of
South Australia, and be was thereby empowered to make general rules under which the
holders of purchased land within any hundred might depasturate in common the unappro-
priated waste lands of the Crown situated therein.

Now therefore I, the Lieutenant Governor aforesaid, by virtue and in pursuance of the
herein-before recited ordinance, and of all other powers me thereunto enabling, do by this
my proclamation revoke the orders and regulations set forth and contained in the
schedule A to a certain proclamation bearing date the twelfth and published in the
"South Australian Government Gazette" the thirteenth day of March, one thousand
eight hundred and fifty-one, and issued by me under and by virtue of the powers in the
said recited ordinance contained, and I do hereby, and by virtue and in pursuance of the
powers given to me in that behalf by the said Order in Council, make and establish the
orders and regulations contained and set forth in the schedule hereunto annexed.

Given under my hand and the public seal of the said province, at Adelaide, this
twenty-third day of March, in the year of our Lord one thousand eight
hundred and fifty-three, and in the sixteenth year of Her Majesty's reign.
By command,

God Save the Queen!

SCHEDULE REFERRED TO.

1. Every holder of purchased land situated within any hundred or part of a hundred not constituted a district for the purposes of the District Councils Act, will be entitled on taking out a depasturing license, to depasture on the unappropriated waste lands of the Crown, within the hundred or part of a hundred in which such purchased land is situated, one head of great cattle, or six head of small cattle, for every five acres of purchased land so held.

2. Applications for depasturing licences must be made to the Commissioner of Crown lands, (or to such other officers as may be appointed hereafter to receive the same, (in the form annexed marked A.) between the 1st and 30th of June in each year.

3. Depasturing licences in the form annexed, marked B, will be granted to the applicants on payment of the following fees, namely, for a licence to depasture not more than five head of great cattle, the sum of two shillings and sixpence; for a licence to depasturate any number of great cattle exceeding five, the sum of sixpence per head; which fees must be paid at the time of applying for a licence.

4. The words "great cattle" shall be construed to mean horned cattle and horses, and the words "small cattle" shall be construed to mean sheep, goats, and swine.

A.

Form of application for a Depasturing Licence.

I, A. B., being the lawful occupier of the following sections of purchased land in the
hundred of
[or in that portion of the hundred of
not constituted a district council], containing in all
acres, hereby apply for a licence to depasture

head of great cattle,
or a proportionate number of small cattle, on the unappropriated waste lands of the Crown
in the said hundred [or in the said portion of a hundred.]

[Number of sections referred to.]

(Signature.)

To the Commissioner of Crown Lands.

Colonial Secretary.

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A. B.

[or in that portion not constituted a district council], and is hereby licensed to depasture head of small cattle,

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