Despatches from the Secretary of State.

No. 1.

SOUTH AUSTRALIA,

COPY of a DESPATCH from the Duke of NEWCASTLE to Lieut.-Governor
Sir H. E. F. YOUNG.
(No. 51.)

Downing Street, August 5, 1853.

SIR,
I HAVE to acknowledge your Despatch No. 33,* of April 5, 1853, en-
closing a proclamation which you had issued under the authority of a local Act,
and of a royal Order in Council of the 19th of June 1850, to revoke the existing
regulations respecting depasturage within the hundreds of South Australia, and
to substitute others.

Your Despatch does not enter into any explanation of the reasons which induced you to revoke the previous regulations, or the advantages to be obtained by the new regulations. Adverting, however, to your intimate acquaintance with the requirements of the colony, I have not hesitated in submitting this proclamation to the Queen for Her Majesty's confirmation, and Her Majesty has been pleased to approve and confirm it accordingly.

I am, &c.
(Signed) NEWCASTLE.

AST

No. 1.

* Page 75.

WESTERN AUSTRALIA.

WESTERN AUSTRALIA.

Despatches from Governor FitzGerald.

No. 1.

COPY of a DESPATCH from Governor FITZGERALD to the Duke of NEWCASTLE.

No. 33.)

MY LORD DUKE,

Government House, Perth, July 1, 1853.

(Received November 4, 1853.)

(Answered No. 5, January 6, 1854, Page 96.)

1. I HAVE the honour to acknowledge the receipt of your Grace's Despatch No. 5,* of 31st Dec. 1852, in reply to my Despatch No. 99, of 26th June 1852, in which I enclosed certain regulations for the occupation of Crown lands in Western Australia, dated 1st November 1851.

2. It affords me much satisfaction to learn that generally these regulations as well as the steps taken by me previously to introducing them have met with your Grace's approbation.

3. Your Grace however proceeds to call my attention to an apparent slight discrepancy between a portion of Chapter. I. section 19, and Chapter III. section 2, and also more particularly to the more serious question as to the authority possessed by me for making these regulations. With reference to this latter question, your Grace observes that under the 9 and 10 Vict. cap. 104, the Queen alone appears to possess the right of making regulations for the occupation of land, by Order in Council, and that Her Majesty cannot delegate this power; but that it appears plain to your Grace that the Governor, although he cannot issue general regulations, or be empowered to do so, yet has the power of inserting any conditions consistent with the Act and Order in Council in the lease and license which he may grant; and further your Grace suggests that the appearance even of irregularity might have been avoided, if instead of regulations I had issued a notice to the public that leases would in future be granted subject to the conditions stated in the regulations.

4. At the time this despatch was penned, I presume your Grace had not seen the printed forms of leases and licence in general use in this colony, I beg therefore to enclose for your Grace's information copies of the printed and established forms of pastoral lease, tillage lease, and annual licence, all of which are expressed to have been made in exercise of the power in that behalf conferred upon Her Majesty by 9 and 10 Vict. cap. 104, and the Order in Council of the 20th March 1850, and will, I think, be found to be in accordance with them.

5. On reference to these forms, your Grace will observe that I have acted in the manner you have since suggested as being unobjectionable, everything in the regulations intended to be obligatory upon the lessees having been inserted in the lease either at full length as in the pastoral and tillage leases, or by express reference thereto as in the annual licences. The regulations therefore are not binding upon the lessee per se, but solely as forming (either actually or by incorporation therewith) a portion of his lease.

6. With reference to the alleged discrepancy between a portion of Chapter. I. section 19, and Chapter III. section 2, I would most respectfully observe the discrepancy appears to me apparent rather than real. Chapter Ï. section 19, states that "all pastoral leases and licences will carry with them the "exclusive right of occupancy of the land for pastoral purposes only, during "the period they shall remain in force." Chapter III. section 2. is as follows "Lands in class A., whether included in any annual licence or vacant, will be let by auction for tillage leases, for periods not exceeding eight years" &c. &c.; this latter section therefore having been incorporated in the annual licence, contains in effect a power of resumption for the particular purpose therein mentioned, which, if exercised, would I think have the effect of withdrawing the lands so

* Page 128 of Papers relative to "Crown Lands, Australia," Part 2, presented to both Houses of Parliament by command of Her Majesty, 16th August 1853.

resumed from the operation of the annual licence, and which licence therefore would no longer be considered to "remain in force" with reference to the portion of land so resumed. In order, however, to prevent the possibility of doubt, I will have the regulations altered in this respect before the end of this year.

7. It may be well also to state, that notwithstanding the notice of 1st Nov. 1851, prefixed to the regulations, and which certainly appears to me to be somewhat inapplicable, they were intended to be merely a medium of information to the public upon the preliminary steps to be taken and the forms to be adhered to in making application for leases of Crown lands, and the terms upon which such lands would be leased in accordance with the Order in Council, and the absence of which information could not fail to be attended with great confusion and much inconvenience to the Government and the public.

VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland
Queen, Defender of the Faith, &c. To all to whom these presents shall come, greeting:
-Know ye that we, of our especial grace, and in consideration of the sum of
to our collector of revenue for the Colony of Western Australia, paid

by
in the said colony, the lessee in these premises, and also in consi-
deration of the rents herein-after reserved on the part of the said lessee, his executors,
administrators, and assigns to be paid, and in exercise of the power in this behalf to us
given by an Act of the Imperial Parliament passed in the tenth year of our reign, entitled
"An Act to amend an Act for regulating the Sale of Waste Lands belonging to the
Crown in the Australian Colonies, and to make further provision for the management
thereof, and by an Order in Council made in pursuance of the provisions of the said
Act, do by these presents demise and lease unto the said lessee, all that piece or parce!
of land mentioned and described in the schedule hereunder written, with the appur-
tenances; except and always reserved to us, our heirs and successors, full power at the
end of each successive year of the term hereby granted, or any renewal thereof, to sell to
any person or persons, all or any portion of the said demised premises; and also except
and always reserved to us, our heirs and successors, full power at any time within three
months after the determination of this demise, and notwithstanding the proviso for
renewal herein-after contained, to declare by proclamation that all or any part of the said
demised premises which may be within one mile of any land which may have then been
granted in fee by the Crown, shall hereafter be deemed to be and be within Class A ;
and also except and always reserved unto us, our heirs and successors, full power and
absolute authority at any time during the continuance of this demise or of any renewal
thereof, to make grants or sales of any part or parts of the said demised premises for
public purposes, and also to enter upon and dispose of in such other manner as for the
public interest to us, our heirs and successors, may seem best, such part or parts of the
said demised premises as may be required for the sites of churches, schools or parsonages,
or for the construction of high roads or railways and railway stations, or other internal
communications, whether by land or water, or for the use or benefit of the aboriginal
inhabitants of the said colony, or for public buildings, or as places of public recreation,
or as places for the interment of the dead, or as places for the recreation and amusement
of the inhabitants of any town or village, or as the sites of public quays or landing
places on the sea coast or on the shores of any navigable rivers or streams, or for the
purpose of sinking shafts and digging for coal, iron, copper, lead, or other minerals, or
for any other purposes of public defence, safety, utility, convenience, or enjoyment, or
for otherwise facilitating the improvement and settlement of the said colony; and also
to lay out, declare, open, and mark public roads into, through, and out of or over any
part of the said demised premises; with liberty to ourselves, our servants, agents, and
workmen, to enter upon the said demised premises, and dig for, quarry and take away
any indigenous produce, rock, soil or other material required for public purposes; and to
fell, cut, and remove all or any timber, sandal-wood or any other woods growing thereon;
and to issue licences to any person or persons, authorizing him or them to cut,
remove and cart away the same, with full and free liberty to such licensed persons at all
reasonable times of ingress, egress, and regress, for such purposes; and also to depasture
on the said demised premises any horses or cattle in the employ of the Government or
otherwise, as aforesaid, and working on any part of the said demised premises for any of
the purposes aforesaid; and also except and reserved out of this demise a right or rights
of way into, over, through, and out of any part of such demised premises, for all

WESTERN AUSTRALIA