The History of Tasmania (Vol. 1&2). John West

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      Notwithstanding, in 1834, Arthur proposed a composition. He offered a release at ten instead of twenty years' purchase, if accepted within one year; without, however, allowing any set-off "for convict maintenance"—equal, in some cases, to the whole sum. In 1836, he proposed to intercede with the crown to relinquish all claims up to that year, a bond being given by the debtor for the arrears, if required: these offers were but little successful.

      To prevent a return to this topic, it may be added, that in 1841 Sir John Franklin offered to mediate for a remission of accumulations prior to 1835, provided all from that date were liquidated by yearly instalments. The total amount of quit-rent is estimated at £15,000 a-year, including the towns.

      The collection of quit-rents is a curious instance of dodging—the government to obtain, and the settlers to evade. Those debtors drawn into payment, could demand in equity that the indulgence granted to defaulters should be communicated to them: they were allowed a set-off in future payments. Those who redeemed their quit-rent were less favored.

The extinction of uncertain obligations would be a public boon, if only for their tendency to produce discontent and habits of evasion. The reservations of timber and material, and right of road-making, are hardly less impolitic. If the law should oblige a proprietor to accommodate his country, equity prescribes his fair indemnity. A functionary might cut through a settler's estate in malevolence, and destroy the approaches to his dwellings, under terms without tangible limitation. In 1831, the government authorised a party to go through an orchard, planted on a Macquarie grant, to enlarge a road to the ferry at Risdon. The owner brought his action, and the assessors gave him a verdict. The lawyers pleaded the general invalidity of colonial titles, and thus the right of the crown to resume! In 1824, the roads were thirty feet: in 1827, they were increased to sixty; and the attempt was made to take from a location given under the old rule, the increased breadth stipulated by the new.[176]

      "A strange rumour," said a colonial editor, "has reached us, that free grants of land will be conferred no more." Lord Ripon's regulations were published in London, January 20th, 1831. They were framed to obviate the theoretical and practical evils attributed to the easy acquisition of land; to terminate the prodigality of governors, and the frequent quarrels occasioned by their favoritism; and above all, to prevent laborers from becoming landholders, and the tendency of colonists to scatter over territories they can not cultivate. This important change, which excited alarm or exultation in the colonies, was only noticed in one London newspaper: with such indifference was a system regarded, destined to produce the most important national consequences.

      Except reserves intended for public use, crown lands were offered for sale to the highest bidders, at the upset price of five shillings, and for the first time, to the usual reservation were added precious metals.

      Arthur, who greatly disapproved the application of these rules to Van Diemen's Land, where no tendency to dispersion had been displayed, and where free grants of land formed the basis of the convict system, manfully employed the last hours of patronage. The lands in the towns were rapidly disposed of, and all who could prefer a reasonable claim, were readily indulged. A few grants were bestowed by the special favor of Arthur: 205,000 acres were alienated chiefly in grants of extension, due by the terms of the original grants. Those whose expectations were satisfied, were not displeased with a measure which gave a definite value to estates, and when once the principle was established, the higher the price of crown lands, the greater the nominal value of their own.

A large number of persons, by neglect of the conditions, were liable to forfeiture; but among them were several favorite officers of the governor, or members of his own family. It was stated, without contradiction, that the surveyor-general sold his maximum grant for £1,700, when none of the conditions were fulfilled. An attorney-general not only parted with his property, but obtained afterwards a grant in extension for improvements he never made; and a gentleman, who had not visited the country, but was related to several persons of influence, obtained both a country and a town allotment.[177]

      Lord Ripon's regulations disappointed many officers intending to settle in the Australian colonies; but against this a provision was made (August, 1831), which entitled them to a remission of from £150 to £300, according to rank. They were, however, to give bonds for residence on the land so obtained.

      The ready sale of waste lands seemed to justify their valuation by the crown. In 1832, £44,000 were netted, at nearly twelve shillings per acre. This high average was occasioned by the sale of valuable reserves: those of Ross were sold, some portions at 29s. per acre. The governor complained that the sale of town allotments led to speculation and limited improvements; he therefore offered land on three years' leases, except at Hobart Town, at the usual quit-rent, and exacted the promise to erect buildings of brick or stone. The absence of competition for the country allotments threatened to limit the proprietorship; but this precaution was forbidden by the secretary of state in 1835, when the system of granting lands at quit-rents finally terminated.

      FOOTNOTES:

      [172] Sydney Gazette, 1822.

      [173] Copy of a grant of 1,500 acres:—"Whereas full power and authority for granting lands in the territory of New South Wales are vested in his Majesty's captain-general and governor-in-chief (or in his absence the lieutenant-governor for the time being) in and over the said territory and its dependencies by his Majesty's instructions under the royal sign manual, bearing date respectively the 25th day of April 1787 and the 20th day of August 1789: In pursuance of the power and authority vested in me as aforesaid, I do by these presents give and grant unto A. B. his heirs and assigns, to have and to hold for ever, 1,500 acres of land lying and situate in the—— district, Van Diemen's Land, bounded, &c. &c. &c. &c., to be had and held by him the said A. B. his heirs and assigns, free from all taxes, quit-rents, and other acknowledgements, for the space of five years from the date hereof; provided always, and it is hereby expressed to be understood that the said A. B. the grantee in these presents named, shall in no ways either directly or indirectly sell, alienate, or transfer any part or parcel of the land hereby granted within the said term of five years; and also provided always that the said A. B. should clear and cultivate, or cause to be cleared and cultivated, within the said term of five years, the quantity of 75 acres of the said land hereby granted, otherwise the whole of the said land hereby granted shall revert to the crown, and the grant hereby made thereof shall be held and deemed null and void, and saving and reserving to government the right of making a public road through such part of the said land as may at any time be required: such timber as may be growing or that may grow hereafter upon the said lands, which may be deemed fit for naval purposes, to be reserved for the use of the crown; and paying an annual quit-rent of 30s. after the term or time of five years before mentioned. In testimony whereof," &c.

[174] It appears to have been followed in the court, lately instituted in Ireland, for the sale of encumbered estates.

[175] Despatch, 10th June, 1849.

[176] Bastian v. Bridger.

      SECTION XII

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