WESTERN AUSTRALIA. and every person or persons desirous of passing from one part of the country to another, sum of To have and to hold the premises hereby demised (except as aforesaid, and subject to the Governor, and unless such transfer, when so approved, shall be made in theform endorsed on these presents. And it is hereby expressly declared, that any transfer made, or attempted to be made, without such consent, or in any other form than that last aforesaid, shall be altogether inoperative at law and in equity, and shall not confer any right or interest to or in the said demised premises upon the transferree. And it is hereby expressly declared, that we, our heirs, and successors, are not, nor shall be, liable cr responsible for any error in the descriptive boundaries or quantity of land hereby demised, or in respect of any claims which may be set up by any other person or persons to any part or parts of the said demised premises. Provided, lastly, and it is hereby expressly declared that we, our heirs, or successors, shall not be liable to compensate the said lessee, his executors, administrators, or assigns, for any loss or damage arising from the exercise of all or any of the powers or rights hereby reserved to us, our heirs and successors, save and except in so far as the same may be provided for by the said Order in Council, and by the depasturing regulations now existing in the said colony. SCHEDULE above referred to. WESTERN AUSTRALIA. In witness whereof we have caused our said Governor to affix hereto the public seal of our said colony this 185 day of FORM OF TRANSFER. Governor, &c. I hereby transfer all my right, title, and interest in Pastoral Lease No. of to Dated this acres, in the district of VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, &c., &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 the lessee in these premises, and also in consideration of the rents and paving for the same, always in advance, during the said term, unto us, our heirs, of January in each year, without deduction, except such deduction as the said lessee, his WESTERN AUSTRALIA. Clause for renewal of independent tillage lease. Clause for renewal appendant to a pastoral lease. nearest to the said demised premises. Provided, nevertheless, and it is hereby declared, that if the said rent be not paid in advance as aforesaid on the first day of January in each and every year, and unless in that case within sixty days after the said first day of January in each year, the said lessee, his executors, administrators, or assigns, shall duly pay to the officer appointed to receive the same as aforesaid, the full amount of such annual rent, with an additional sum equal in amount to one fourth of the said annual rent, without demand, according to the true intent and meaning of these presents; or if the said lessee, his executors, administrators, or assigns, shall be convicted of felony, or shall be convicted of any offence against the law by any justice of the peace for the said colony, and if two or more justices of the peace for the said colony, upon inquiring into such case within three months after such conviction, shall adjudge this demise to be forfeited, with or without compensation for the value of any improvements, and provided that such adjudication of forfeiture shall be confirmed by the Governor for the time being of the said colony, then in all or any of such cases these presents shall become void, and the term hereby granted shall be absolutely and indefeasibly forfeited; and it shall thereupon be lawful for us, our heirs and successors, into and upon the said demised premises or any part thereof in the name of the whole to re-enter, and the same to have again, repossess and enjoy, as if this deed-poll had never been executed, without making any compensation to the said lessee, his executors, administrators, or assigns, except the same may be adjudged by such justice as last aforesaid. Provided that the said lessee, his executors, administrators, or assigns, may at all times during this demise, on any part of the said premises, fell, cut, and use any timber for his domestic and farm purposes, and for the construction of any buildings, fences, stockyards, or other improvements, and use any other materials for the like purposes, but so nevertheless that the said lessee, his executors, administrators, and assigns, shall not sell or remove the same off the said demised premises. And it is hereby declared, that the said lessee, his executors, administrators, or assigns, on application to the surveyor general for the said colony, at any time previous to the expiration or other sooner determination of the said term hereby granted, shall be entitled to a single renewal of this demise, as herein-after provided (but without any claim for further renewal), for the further period of eight years, provided the said lessee, his executors, administrators, or assigns, shall, during the continuance of this demise, purchase from us, our heirs, or successors, any part of the said demised premises to the extent of at least one fourth part of the said demised premises, but not otherwise. And it is hereby further expressly declared, that this lease shall be void, and the term hereby granted shall be absolutely and indefeasibly forfeited, when the pastoral lease within which the said demised premises are situated, viz.-Pastoral Lease No. ceases or determines, whether by forfeiture or otherwise, and shall be ipso facto renewed and renewable if the said pastoral lease be renewed, and for the same term for which the said pastoral lease may be renewed; it being the intention that this lease, and the term hereby granted, shall be strictly appendant to the said pastoral lease. And it is hereby expressly declared, that the term hereby demised shall not be transferable without the written approval of our said Governor, and unless such transfer, when so approved, shall be made in the form endorsed on these presents. And it is hereby expressly declared, that any transfer made, or attempted to be made, without such consent, or in any other form than that last aforesaid, shall be altogether inoperative at law and in equity, and shall not confer any right or interest to or in the said demised premises upon the transferree. And it is hereby also expressly declared, that we, our heirs, and successors, are not, nor shall be, liable or responsible for any error in the descriptive boundaries or quantity of land hereby demised, or in respect of any claim which may be set up by any other person or persons to any part or parts of the said demised premises. Provided, always, and it is hereby expressly declared, that we, our heirs, or successors, shall not be liable to compensate the said lessee, his executors, administrators, or assigns, for any loss or damage arising from the exercise of all or any of the powers or rights hereby reserved to us, our heirs and successors, save and except in so far as the same may be provided for by the said Order in Council, and by the regulations now existing in the said colony. SCHEDULE above referred to. In witness whereof we have caused our said Governor to affix hereto the public seal of our said colony this day of 185 FORM OF TRANSFER. Governor, &c. I hereby transfer all my right, title, and interest in Tillage Lease No. acres, in the district of to " of I approve the said transfer. Governor. Enclosure 3 in No. 1. ANNUAL LICENCE NO. VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland. Queen, Defender of the Faith, &c., &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 the lessee in these premises, and in exercise of the powers 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, have granted unto the said lessee, his executors, administrators, and assigns, full license to occupy all that piece or parcel of land and premises mentioned and described in the schedule hereunder written, with the appurtenances, for the sole purpose of depasturing live stock thereon for and during the term of one year, to be computed from Provided always, and these presents are upon this express condition, that if during the said term the said lessee, his executors, administrators, or assigns, shall cultivate, break or dig up any part of such land, except the same shall be included in, or demised by a tillage lease, or shall suffer, cause or allow any person whomsoever to cultivate, break or dig up any part of such land as aforesaid, or shall use the said land herein specified, or any part thereof, for any other purpose than for pastoral purposes, according to the true intent and meaning of these presents, then these presents, and the term or license hereby granted, shall be absolutely void and forfeited. And it is hereby expressly declared, that these presents, and the term hereby created, shall be subject to all the powers, provisoes, stipulations, regulations, and restrictions stated in the said Order in Council, and in the existing depasturing regulations, as fully, to all intents and purposes, as if the same were fully inserted herein. SCHEDULE above referred to. In witness whereof we have caused our said Governor to affix hereto the Public Seal of our said Colony this 185 day of FORM OF TRANSEER. Governor, &c. COPY of a DESPATCH from Governor FITZGERALD, to the Duke of (No. 101.) MY LORD DUKE, NEWCASTLE. Government House, Perth, October 17, 1853. (Answered, No. 21, February 17, 1854, page 92.) I HAVE the honour to acknowledge the receipt of your Grace's Despatch, No. *56, of the 7th May last, and in reply have to inform you that the exploring expedition brought under your notice in my Despatch No. 6 of the 6th of January, was, in the first instance, approved of by the Executive Council at the earnest solicitation of public opinion-the cost of which, 3007., was subsequently provided for by the unanimous vote of the legislative body on the second supplementary estimate for the year 1852, and remarked upon in the 15th paragraph of my Despatch, No. 19 of the 11th of February, 1853, transmitting that estimate. Page 130 of Papers relative to Crown Lands, Australian Colonics, Part 2, presented to both Houses of Parliament by command of Her Majesty, August 16, 1853. WESTERN AUSTRALIA. WESTERN AUSTRALIA. 2. With reference to that passage of your Grace's Despatch, calling my attention to the impolicy of encouraging the dispersion of the settlers 3. I admit, your Grace, that concentration was the policy of my predecessors, and it will be unnecessary to remind you of the former state of the colony under such a system. 4. My policy has been somwhat different, or otherwise the Champion Bay district would still be a terra incognita, where at this moment are fed some 8,000 sheep and 2,000 head of horned cattle, besides herds of horses, which have been removed from the worn out and overstocked pastures occupied by the early settlers in the first formation of the colony, and which from the rest thus afforded them have since recovered, and become available. 5. A still further and important result has been the annual absorption of a considerable number of ticket of leave holders by the occupants of this new district, where also has been discovered the promising lead mines on the Murchison River, and a copper mine in the neighbourhood of Champion Bay, both of which, it is expected, will soon be in full working operation, when I am not a little sanguine the exports from these mines will exceed in value all the other exports of the colony, as well will they give employment to a large number of our labouring population; these great and important advantages would never have been realized had I continued to carry out the principle of concentration, which is, in my opinion, altogether unsuited to the nature and wants of this colony. 6. It becomes my duty to impress upon your Grace that the discovery of more extensive pasture is essential to our progress and the maintenance of our rapidly increasing population; by such only can we hope to see the price of meat reduced and brought within the means of our labouring classes-a reduction which would also be productive of a considerable saving to Her Majesty's Government, in providing the convicts with this necessary of life. 7. I know of no subject in which the whole population take so lively an interest as in the further discovery of good country, and there has always prevailed a strong feeling abroad as to the supineness of the local government in granting assistance for this desirable object. 8. My attention has more especially been lately called to the necessity for further exploration by a memorial presented to me by a deputation who waited upon me in the Executive Council for that purpose. These gentlemen represented, that some few months back a number of strange natives had visited the York district, who had never seen the white race before, and who spoke quite a different dialect to the natives inhabiting the settled portions of the colony; and when questioned as to the nature of the country they came from, they communicated such information as led to the supposition that it abounded in grass, and that a large river was also to be found there. 9. The settlers though not disposed to place implicit reliance on the statements of these savages, still, from various corroborating circumstances, feel satisfied that good land is to be found in the direction pointed out. 10. The deputation have therefore urged upon me the necessity and advantage of sending out by the commencement of next winter an expedition to ascertain the correctness of this information. 11. Being fully impressed how desirable it is that new and available pastures should be discovered for the reasons already stated, I have promised, with the unanimous approval of my Executive Council, to submit for the vote of the legislative body at its next sitting the sum of 300/., to meet the expenses of this expedition, which will be charged, as has all other expenditure of a similar nature, to the general revenue, of which the land fund has hitherto formed a part, and not as in the neighbouring colonies, where it has been the custom to deal with it without the control of the legislature. 12. This course has been pointed out as the least objectionable, in consequence of the limited nature of our general revenue, and the hitherto small account realised from the sale of land in this province. 13. In reply to your Grace's remark as to the impolicy of encouraging an unnecessary dispersion of the settlers, which would tend to increase the difficulty of maintaining an efficient supervision over the convicts 14. I would take leave to state that, as I have already shown, the occupation of new country has been absolutely called for, and I have no apprehension, looking at the hitherto orderly conduct of the prisoners scattered throughout |