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vating the land, and proportionally retard their progress and that of the colony. The plan of letting lands by fine is admitted by every one who knows any thing of agriculture to be one of the worst that can be devised; and this colonisation project was bottomed on the same principle, and has been quite as pernicious.

It is said that, in consequence of the exacting of a price for the land, and the concentration of the colonists, their employments, being more combined and divided, will be prosecuted with a great deal more success than at present. All this, however, proceeds on the false and exploded assumption that the colonists are not, like other individuals, the best judges of what is for their own advantage. Adam Smith says truly, that it is the highest impertinence for kings and ministers to attempt to direct private people how they should employ their capitals. But it is, if possible, a still greater impertinence to attempt to direct them where they shall employ them. A regard to their own interest will draw people sufficiently together. And to enact regulations in the view of concentrating them still more, is in every respect as contradictory and absurd as it would be to set about increasing the public wealth by regulating the sort of employments to be carried on, and the countries with which, and the commodities in which, to deal.

Of late years the English government has disposed of all ungranted colonial lands by sale: and though we incline to think, as already stated, that the preferable plan would be to distribute them according to the capital or means of the settlers, still if the price at which land is sold be reasonable, the quantity that may be held by individuals be limited, and the lots put up to sale be of sizes suited to the means of the various classes of purchasers, we do not know that the plan is open to any very good objection. But the price charged for land in most of our colonies, and especially in Australia, where the minimum is 20s, an acre, is much too high, and has led to the most mischievous results. At the same time, however, we must bear in mind the distinction between founding a colony with a view principally to the interests of the colonists; and founding it not only with a view to their interests, but in an especial degree for the relief of the mother country. For it is not to be denied that the plan of exacting a pretty high (but not an oppressive) price for colonial lands, and applying that price to defray the cost of carrying out emigrants, may (how injurious soever to voluntary emigrants) be made to assist in relieving the mother country of those who might otherwise have had to be supported at the public expense. Inasmuch, too, as an extraordinary quantity of labour is thus supplied to the colony, the injury done to the capitalists by making land artificially dear, is in some degree, at least, com pensated by its making labour artificially cheap. The emigration to the Australian colonies in the 4 years ending with 1847 was principally a consequence of the principle now stated, a very large proportion of the emigrants having been carried out at the public expense. It is, however, to be borne in mind, that when the revenue derived from the sale of land in the Australian colonies was at its maximum, its price was only 12s. an acre. After it had been raised to 20s. the sales, down to the æra of the gold discoveries, were comparatively trifling.

It would obviously be the extreme of folly for an agriculturist intending to emigrate who has a little, but not a great deal of capital, to think of establishing himself in a colony where a high price is set upon land. At all events, such person must not expect in such a colony to become a landowner, or to be independent, but must make up his mind to be a hired labourer; whereas, if he emigrate to a colony where land is sold at a low price, or given away on condition of certain improvements being effected upon it within a given time, he may at once acquire an estate, and exchange the condition of a hired servant for that of landowner.

Seeing that the Americans sell the best lands in the valley of the Mississippi at about a dollar an acre, it was not easy to discover the principle on which we proceeded to exact 6s. 7d. an acre for the worst land in Upper Canada. If this regulation were meant to divert the current of voluntary emigration from Canada to the U. States, nothing could be found to say against it but otherwise it was alike contradictory and absurd. Notwithstanding the facilities of getting out to Quebec in timber ships, the direct emigration to the U. States greatly exceeds that to British N. America, the emigrants to the former being also of a superior description and having a greater command of capital. And there can be no doubt that the U. States are in no inconsiderable degree indebted for this influx of comparatively valuable immigrants to the fact of the public lands being sold at a less price than ours. It is population alone which imparts value to land, and a more effectual method could not be devised for preventing an influx of inhabitants into Upper Canada, and drawing away many of those already settled, than government adhering to the present prices of land." (See Shireff's valuable Agricultural Tour through N. America, p. 365.) But since Canada has been in great measure self-governed, the price of land has been reduced.

Regulations for the Sale and Management of the Public Lands, approved by his Excellency the Governor General in Council:

1. That the lands in townships which have already been de lineated, or shall hereafter be delineated on survey by the exterior lines only, may be offered for sale on block on the following terms, viz.:

2. That the price shall be one-half dollar per acre, payable at the time of sale.

3. That the purchaser shall cause the lands to be surveyed at his own expense into lots comprising either 100 or 200 acres of land in each lot; and on the north shore of Lake Huron into quarter sections of 160 acres each, except in spots where the configuration of the township may render such exact quan tities impracticable, and then as near to those allotments as possible.

4. That such survey shall be made by a duly licensed provincial land surveyor, approved of by the Commissioner of Crown Lands, and acting under his instructions, who shall make his return with field notes, &c., in the usual method observed by surveyors, to be also approved of by the Depart

ment.

5. That one-third of the quantity of land in the township shall be settled upon within two years from the time of sale; one third more settled upon within the following five years, that is seven years from the time of sale; and the residue within the further period of three years-i. e., ten years from the date of sale; the settlement required being that there shall be at least one bona fide settler in authorised occupation for every 200 acres of land; all land not so settled at the expiration of ten years from the time of sale to become forfeited and revert to the Crown absolutely, except such portions thereof as shall be found unfit for settlement, or such portions as are of a very inferior quality, and by reason thereof have remained un

occupied, in respect to which the Governor in Council may, upon application, dispense with the forfeiture, and cause the same to be conveyed to the original purchaser or his assignee. 6. A contract or sale to be made with the purchaser from the Crown subject to the foregoing and following conditions; but patents for the land to issue only to the occupants of the lots purchased deriving claim under the vendee of the Crown, or to the assignees claiming under such purchasers and occupants who shall have complied with the conditions of settlement hereinafter mentioned, upon a certificate or other evidence that they have paid such vendee or his assignee, or complied with the contract with him, for or in regard to such particular lot; and upon evidence that the party applying, or some one under whom he claims, has been a resident on the said lot for at least two years continuously, and that upon the same (not exceeding 200 acres) at least 10 acres for each 100 acres have been cleared and rendered fit for cultivation and crop, and have been actually under crop, and that a habitable house, in dimensions at least 16 by 20 feet, is erected thereon, and upon payment of the sum of $4 as patent fees, to cover expenses, &c. The nature and description of proof above referred to to be settled and prescribed by the Commissioner of Crown Lands. 7. All lands which shall under the foregoing conditions revert to the Crown, shall be exposed to sale at public auction at such times and places, and on such upset price as the Commissioner of Crown Lands shall fix.

8. That in townships which have been surveyed and laid out into lots, and where lands are now offered for sale at 4. per acre, or where no lands have as yet been offered for sale, and in townships under survey or yet to be surveyed in lots, lands to be sold under the following regulations, to wit:

9. That lands be sold for cash at 70c. per acre, and on time upon the following terms-viz., $1 per acre; one fifth to be paid at the time of the sale, and the remaining four-fifths in

four equal annual instalments, with interest on the purchasemoney unpaid.

10. That when the lands in a township have remained open for sale for one year after public notice thereof, the lands un. sold at the expiration of that period shall, at a time to be fixed, and after reasonable notice given by the Commissioner of Crown Lands, be offered for sale by public auction, at the upset price fixed for their sale as above, or at such other upset price as under special circumstances may be named by the Commissioner of Crown Lands; and that such public sales of all lands which shall remain unsold in the mean time shall take place semi-annually, at times to be named therefor by the Commissioner of Crown Lands, until the whole of the lands in the township shall have been disposed of; the lands remaining unsold after any such public sale to continue open for private sale at the said upset price until the period of one week next before the time at which the next public sale shall take place.

11. That all lots of land which shall have been offered as "Free Grants," and shall not have been located and occupied at the expiration of one year from the time the same shall have been so offered, shall no longer remain as "Free Grants," but shall be open for private sale, or shall be exposed to public sale by auction as part of the lands in the township in which the same are situate, and upon the same terms as other lands therein.

12. That all lands (except those now exempt) shall be subject to settlement duties, and no patent in any case (even though the land be paid for in full at the time of purchase) shal! issue for any such land to any person who shall not by himself, or the person or persons under whom he claims, have taken possession of such land within six months from the time of sale, and shall from that time continuously have been a bona fide occupant of, and resident on the land for at least two years, and have cleared and rendered fit for cultivation and crop, and had under crop within four years at farthest from the time of sale of the land, a quantity thereof in the proportion of at least 10 acres to every 100 acres, and have erected thereon a house habitable, and of the dimensions at least of 16 by 20 feet.

13. That all other lands not embraced in the foregoing category be exposed to sale by public auction annually, or, in the discretion of the Commissioner of Crown Lands, halfyearly, for cash, at such times and places, and at such upset prices as the Commissioner of Crown Lands shall fix.

14. That the lands known as "Clergy Reserves" be sold on the same terms and in the same manner as other public lands in the townships in which they respectively lie.

15. That prompt payment in all cases be made of the essence of the contract, and any default to be on pain of forfeiture of all previous payments and of all right in the lands.

16. That in the cases of sales already inade payment of arrears be required, and that public notice be given in the "Official Gazette," and through the usual channels, that unless such arrears be paid within 12 months from the 1st of January, 1859, the land in respect of which default shall continue will be resumed by the Crown and resold, and that in regard to all purchase moneys and interest hereafter to fall due, prompt payment will be exacted.

Squatters.

17. That the system of recognising unauthorised occupation of land, commonly known as "squatting," be discontinued, subject to the following provisions, viz. :

That public and general notice be given by the Crown Lands Department, that no claim to pre-emption by reason of such occupation will be entertained after the first day of September next; and that no claim to such pre-emption not now in a state to be admitted, can be made good by any act of the party hereafter; and that therefore his labour will be thrown away.

That the prices above fixed for lands shall apply to Upper Canada only.

The prices of lands in Lower Canada shall be regulated by Orders in Council from time to time.

P. M. VANKOUGHNET, Commissioner. Crown Lands Department, Toronto, Jan. 13, 1859. Nova Scotia. The public lands are here also sold at a fixed price, of 1s. 9d. sterling per acre, payable at once. The smallest regular farm lot contains 100 acres. Any less quantity of land may be had, but the cost would be the same as for 100 acres, viz. 8. 158., the minimum sum for which a deed of grant is issued.

New Brunswick.-There are two modes of selling Crown lands in this province, viz, by auction, once a month; and by private contract on conditions of settlement. By the first, the lands are to be put up to sale at an upset price of 38. an acre, exclusive of charge of survey, which, it is believed, is 24 d. sterling per acre. The purchase money is to be paid by 4 equal annual instalments, carrying interest at 6 per cent., with an allowance, on the other hand, of a discount of 20 per cent., if the whole of the purchase money is paid down at once. No person can purchase, under this plan, more than 100 acres.

By the other plan, the land is sold at a fixed price of 3s. an acre, payable also in 4 equal annual instalments, either in money or labour, at the option of the purchaser. If in money the amount is to be expended in opening or improving public roads leading to or through the land.

There is also a provision by which, if not less than 6 persons apply to any of the emigration officers in the United Kingdom, stating that they wish to obtain land in New Brunswick for actual settlement, and name an agent in the province to select it, such agent, on his name being reported by the Emigration Officer to the Colonial Government, will be authorised to select, not exceeding 100 acres, for each of the applicants, and the land will be reserved for them for one year.

Prince Edward Island.-With the exception of between 2000 and 3000 acres, the whole of the Crown lands in this colony were alienated in one day. But by Colonial Acts of 1853, 16 Vict. c. 18., and of 1857, 20 Vict. c. 20., the local government is authorised to repurchase from proprietors their unsold lands and to resell them to the present tenants or otherwise. 80,000 acres were thus repurchased in 1851. These may now be obtained at the land office at from 1. to 84. sterling per acre, according to locality and quality. About 40,000 acres of these lands remain undisposed of, for which the late proprietors demanded from 10. to 20s. sterling per

acre.

Most of the Crown lands (i. e., those not repurchased under

the Act of 1857) have been sold. There is, however, a small number of town lots for sale in Princetown. These lots are chiefly sought for at present as qualifications for electors of members to serve in the General Assembly; but may become valuable hereafter, being situated in front of one of the best harbours in this island, from which the fisheries might be prosecuted.

Newfoundland.-By a Colonial law Crown lands are to be sold by auction, at an upset price to be fixed by the Governor, at not less than 24. per acre. Land exposed to auction more than once on different days may afterwards be sold, without further competition, at the last upset price.

British Columbia.-That part of British territory on the north-west coast of North America, previously known as New Caledonia, has, by an Act passed on the 2nd of August, 1858 (21 & 22 Vict. cap. 99.), been erected into a colony, under the name of British Columbia." It is bounded on the south by the frontier of the United States (i. e. the 49th degree of north latitude), on the east by the main chain of the Rocky Mountains, on the north by Simpson's river and the Finlay branch of the Peace River; and on the west by the Pacific Ocean. It includes Queen Charlotte's Island and all other adjacent islands, except Vancouver's Island. The Queen, however, may at any time, upon a joint address of the two Houses of the Legislature of Vancouver's Island, incorporate it with British Columbia.

Extent of Colony.-British Columbia possesses an extent of about 500 miles of sea coast, stretching from the point where the 19th parallel of latitude first strikes the sea coast to the line of the Russian possessions in Portland Canal.

The area of the colony, including Queen Charlotte's Island, is computed by Mr. Arrowsmith to contain about 200,000 square miles.

All the lands in British Columbia, and all the mines and minerals therein, belong to the Crown in fee.

The price of lands not being intended for the sites of towns, and not being reputed to be mineral lands, shall be 108. per acre, payable one half in cash at the time of the sale (by auction), and the other half at the end of 2 years from such sale. Provided that under special circumstances some other price, or some other terms of payment may from time to time be specially announced for particular localities.

It shall also be competent to the Executive at any time to reserve such portions of the unoccupied Crown lands, and for such purposes, as the Executive shall deem advisable.

Except as aforesaid, all the land in British Columbia will be exposed in lots for sale, by public competition, at the upset price above mentioned, as soon as the same shall have been surveyed and made ready for sale. Due notice will be given of all such sales. Notice at the same time will be given of the upset price and terms of payment when they vary from those above stated, and also of the rights reserved (if any) for public

convenience.

All lands which shall remain unsold at any such auction may be sold by private contract at the upset price and on the terms and conditions herein mentioned, on application to the Chief Commissioner of Lands and Works.

Unless otherwise specially notified at the time of sale, all such sales of Crown land shall be subject to such public rights of way as may at any time after such sale, and to such private rights of way, and of leading or using water for animals, and for mining and engineering purposes, as may at the time of such sale be specified by the Chief Commissioner of Lands and Works.

Unless otherwise specially announced at the time of sale, the conveyance of the land shall include all trees and all mines and minerals within and under the same, except mines of gold and silver.

When any

"Ditch Privilege" shall be granted, there shall be included (unless excluded by express words) the right to lop, dress, or fell any trees standing on unoccupied Crown lands which, in the opinion of the proprietors of the ditch, might, by their accidental fall or otherwise, endanger the safety of the ditch or any part thereof.

AUSTRALIAN COLONIES AND TASMANIA.

By the Imperial Acts 18 & 19 Vict. c. 56. (16th July, 1855), the Land Sales Acts 5 & 6 Vict. c. 56. and 9 & 10 Vict. c. 104. are repealed, and the Crown in Western Australia and the local legislatures in the other Australian colonies are left at liberty to alter the land regulations which existed at the time of the passing of the first-mentioned Act, 18 & 19 Vict. c. 56. South Australia and Tasmania have accordingly passed New laws to regulate the disposal of their public lands. The South Wales and Victoria have not yet passed land acts. land question, however, has recently been under the consideration of the legislatures and government of those two colonies, and new regulations may shortly be expected in each. In the meantime, their waste lands, it is understood, are still disposed of as heretofore under the regulations which were prescribed in the Imperial Land Sales Act. An abstract of the principal provisions of this Act is therefore subjoined.

Principal Regulations of the Repealed Land Sales Act, 5 & 6 Vict. c. 56. (1842).-1. All lands are to be disposed of by sale alone, and must have once at least been exposed to public

auction.

2. The lowest upset price is to be not less than 17. per acre; but the Government has power to raise the same by proclamation.

3. The lands are distinguished into three different classes, viz., Town, Suburban, and Country lots.

4. Upon town and suburban lots, as well as upon a proportion not exceeding one tenth of the whole of the country lots offered for sale at any auction, the Governor has the power of naming a higher than the general or lowest upset price; the country lots on which such power is exercised are designated "Special Country Lots."

5. Town and suburban lots will in no case be disposed of except by publie auction, but country lots which have already been put up to public auction and not sold, may be disposed of afterwards by private contract at the upset price. In Victoria,

In Victoria, however, the following alterations have recently been made:

1. Lots are now rarely submitted to public competition of a larger size than about 200 acres.-2. The term "special country lots" has been abandoned -3. The power of selecting blocks of 20,000 acres or more has been rescinded.

lands on which the deposit made at the time of sale has been forfeited by the non-payment of the balance within one month, will be open for selection by the public at the purchase price, less the amount of forfeited deposit.

6. No lands will be sold by private contract except for ready money. When sold by public auction, one tenth at least of the whole purchase money must be paid down, and the re mainder within one calendar month, or the deposit will be forfeited.

7. Lands will be put up for sale in lots not exceeding in extent 1 square mile each.

8. As an exception to the general regulations, and subject to certain restrictions laid down in the Australian Land Act, the Governor will have it in his discretion to dispose, by private contract, at a price not less than the lowest upset price for the district, of blocks comprising 20,000 acres or more.

South Australia.-The Waste Lands Act for this colony (21 Vict., No. 5, of 1857), was passed on the 19th of November of that year. The following is an abstract of the act :

The average price of all Crown lands sold during 18.52 was 11. 78. 3d. per acre; in 1853 it was 11. 128. 3d., in 1854 it was 1. 18. 3d.; in 1855 it was 17. 10. 8d.; in 1856 it was 14. 58, 5d.; and in 1857 it was 11. 4. 2d.

Western Australia.- The Crown lands to be divided into 4 separate classes, town, suburban, mineral, and country. Country lands are to be sold at a fixed price of 10s. an acre, and in lots of not less than 40 acres. Town, suburban, and mineral lots are to be sold by auction. The size and upset price of the town and suburban lots are to be fixed by the Governor. The upset price for mineral lands is not to be less than 208. an acre, payable in 3 equal instalments; one at the time of sale, another on the 1st of January then next, and the third on the 1st of January of the succe ding year.

For pastoral purposes country lands are subdivided into classes A and B. Class A is to comprise all lands near the settled districts, the sea-coast, and certain rivers; class B to comprehend all other lands in the colony. In class A the Governor may, if he sees fit, grant pastoral licences, not ex

Abstract of South Australia Waste Land Acts.- 1 & 2-ceeding 1 year, at a yearly rent of not less than 1, nor more Waste lands of the Crown not to be alienated except by sale as prescribed by act.

§ 3. Reserves. - Governor in Council may, however, make reserves for purposes of public safety, convenience, health, or enjoyment (except for churches).

§4. Surveys and Size of Lots.-Except pastoral lands, all lands to be surveyed and mapped in lots not exceeding 640 acres before they are sold.

§ 5. Deed of Grant.--Governor, on behalf of the Crown, to convey lands sold under the public seal of the province.

§ 6. Auction.-Except pastoral, all lands to be sold by auction after public notice of not less than 1 nor more than 3 months.

7. Classification of Lands.-Lands to be classified into town, suburban, and country.

Upset Price.-Lowest upset price, 11. per acre.

9. Government may fix a higher upset price for town lots and for special country lots, i. e. country lots on which improvements may have been lawfully made.

$10. Sale by Private Contract.-Town lots to be sold only by auction, but country lots which have been exposed to sale at auction may (if not withdrawn for future sale by auction) be sold by private contract at the upset price, or if bid for at auc tion and not sold, then at the price last bid.

11. Payment of Purchase Money.-In the case of private sales, the whole of the purchase money to be paid down. At auctions 20 per cent. down, and the remainder within 1 calendar month.

§ 12. Pasture Leases.-The Governor may, without auction, grant to the first discoverer, or first occupier of waste lands, leases of 14 years for pastoral purposes; but no second lease is to be granted unless first put up to auction; the bidding to be on the rent. Annual leases of land within hundreds may be granted without being put up at auction.

13. Mineral Leases.-The Governor may also grant leases of 14 years for mining purposes of lots not exceeding 80 acres, at a rent of 10s. an acre, with a right of renewal for 14 years more on paying a fine of not less than 1. an acre, subject to future regulations.

14. Regulations.-The Governor in Council may make regulations from time to time for pastoral leases, to be officially published.

§15. All regulations made by Governor under the act are to be laid before the provincial Parliament within 14 days.

16. Mineral and Timber Licences. The Governor in Council may grant licences of 12 months' duration to search for gold and other metals, and to cut timber on the unsurveyed waste lands.

By an act No. 18 of 1858 (22nd Victoria, passed 24th December, 1858), to amend the above " Waste Lands Act," the Governor is empowered, when any lease for pastoral purposes shall have been determined by reason of the land being included in any hundrel, to grant annual leases, without auction, to the lessee or his assigns, during the residue of his

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than 28. per 100 acres, for sections of 1000 acres and upwards. A preference is to be given to the legal occupants, in fee simple, of the adjoining lands. No renewal of the licence is to be elaimable as a right, but licences for the succeeding year may be granted preferably to existing holders. The lands under licence are to be subject to resumption for public purposes, or to general selection for purchase, without compensation to the licensee; but if the whole of the run be resumed or sold, land to an equal extent to be assigned in lieu.

Within class B, the Governor, if he thinks fit, may grant pastoral leases, not exceeding 8 years, for quantities of land not exceeding 10,000 acres, at a rent, for each run, of 54. per annum, with an addition of 10s. per annum for every 1000 acres comprised in the lease. No right of renewal, however, is to be conveyed by any lease of lands in class B. Any lessee having a right of pre-emption will be entitled to exercise it at the rate of Ios. an acre for land not mineral.

Timber Licences, not exceeding 12 months, may also be granted on such conditions as may be established by the Governor in Council.

Tusmania.-On the 25th February, 1858, two Land Acts were passed,-21 Vict., Nos. 33 and 34, called "The Waste Lands Act," and "The Unsettled Lands Act."

The first Act provides for the division of the waste lands into the classes of town, agricultural, and pastoral, for their survey previously to their being sold, for their sale as a general rule by auction, and for the establishment of a minimum upset price (108. an acre on new land, and 20s, on land that has been occupied, plus the cost of survey and grant decd). It also requires prompt payment of the purchase money, but allows a longer credit where the amount exces ds 401, on the addition to the purchase money of a premium of 101. per cent. It introduces, however, an exception to the rule of sale by auction, by allowing any person to select a single lot, not being town land, nor exceeding 320 acres, for purchase at the fixed price of 1. an acre, but no person is, under any circumstances, to be allowed to exercise this right of selection more than once, and any land obtained in contravention of this prohibition is to be forfeited. The usual powers are reserved to the Governor in Council for granting fands necessary for wharves, jetties, and other works of public utility. The Act further contains the necessary provisions for the grant of leases and licences for the occupation of land; it is provided that leases should not exceed 11 years; that in the case of land that has been occupied the rent should not be less than 1. per 100 acres, and in the case of new land not less than 10.; that the lease shall be determinable on 6 months' notice if the land is required for sale; that it shall contain such covenants and conditions as may be prescribed by regulations to be made by the Governor in Council; and that during its continuance the land shall be open to survey. Licences of occupation are to be granted for 12 months only, and licences to cut timber, for terms not specified, on such conditions as may be provided by the regulations of the Governor in Council.

Provision is likewise made for the resumption of land forfeited for non-fulfilment of conditions, and for the summary extrusion of persons in unlawful occupation.

The second Act withdraws from the operation of the preceding Act that portion of the colony which lies between lines drawn from S. W. Cape to Arthur River along the coast, and from South Cape to the Surrey Hills, comprising, apparently, a tract of about 200 miles long by from 30 to 50 broad. And with a view to promote settlement in this district, it provides for the free grant within it of lands not less than 50 nor more than 640 acres in extent, under the special authority in each case of the Governor in Council, and on terms to be prescribed by regulations, which, however, must embody the following conditions:-That the applicant is possessed of capital in money, stock, or implements to the extent of 11. for every acre applied for; that he has not already obtained a grant of this description, and will not, until he has obtained a grant, dispose of his inter est without the consent of the Commissioner of Crown Lands; that he shall reside on his land for 5 years, and that during that period he shall clear, fence, and bring into cultivation one-tenth of the whole or erect buildings of the value of 2501. for every 50 acres. In case of only a partial fulfilment of these conditions, the Governor may either allow an extension of time, or make a proportionate reduction in the extent of the grant. The Act further provides for the issue of gratuitous leases for 10 years, of tracts not exceeding 10,000 acres, on condition that the lessee shall within 1 year stock the land with a propor. tionate number of sheep or cattle.

New Zealand. This colony is divided into 6 provinces, with a separate government in each, subject, however, to the gene ral government, the seat of which is Auckland. The natives are prohibited from alienating their lands except to the Crown. In the 3 provinces of Nelson, Canterbury, and Otago the Crown

which the demised land is estimated to be capable of grazing. Waste lands leased, or to be leased, for pastoral purposes, are to be divided into classes (which classification is to be renewed every 5 years), and to be assessed at not less than 100 sheep per square mile for the lowest class, and at not more than 240 sheep for the highest class. On the expiration of the lease, the annual value of the lands is to be determined by an appointee of the Governor for the next 5 years, and the lease may be renewed for that term at the new rent.

has accordingly extinguished by purchase the native title over all the lands. In the other 3 provinces, which are situated in the Northern Island, this result has only been partially effected, and the native title still exists over large tracts.

The management of the crown lands throughout the colony has, by the imperial act 15 & 16 Vict. cap. 72, granting the colony a constitution, been vested in the general assembly. The general assembly, in its session of 1858, accordingly passed an act, No. 75, to regulate the disposal and administra tion of the waste lands of the crown in New Zealand. But the operation of the act, which was reserved for her majesty's assent, has been suspended to give the local legislature an opportunity of removing an objection to which the act was found open. It might only mislead, therefore, to introduce here the land regulations adopted by the act, as they are not in force, and may be modified by the colonial legislature.

West Indies.-Crown lands are to be sold by auction at an upset price of not less than 11. per acre.

Antigua and Dominica.-The smallest lot sold is 40 acres, except in certain localities for villages.

British Guiana.-The crown lands will, in future, be disposed of by sale in tracts of 100 acres each and upwards by competi. tion at the upset price of 17. sterling per acre.

The limitation in the extent of grants does not apply to the owners of plantations who, under the regulations of their high mightinesses the States of Holland, are entitled to an additional depth of 250 acres as soon as two-thirds of the first grant are in cultivation. So long as an estate is in cultivation, and there is the most distant chance of the second depth being required by the proprietor of the first, a second depth can never be granted to a third party.

It is not the practice in British Guiana to open on survey any lands for settlement until after application has been made to the government for some particular tract.

Colony.

Trinidad.-The price of crown land is 21. per acre. All limitations as to the number of acres have fallen into desuetude. Lagoon or swampy land is sold at a lower rate, 10s., and building lots are higher, depending on competition.

Bahamas.-The mode of sale is by auction, but the Governor is from time to time to name the upset price, which is never to be less than 64. per acre. Land once exposed to auction may, in the discretion of the Governor, be afterwards sold by private contract, at not less than the upset price of such land. The ordinary size of the lots in the Bahamas is to be 20 acres, but lots of 5 acres may, if thought expedient, be disposed of. Jamaica.-There are no regulations in force in this island, for the disposal of public lands, pasture licences, &c.

Cape of Good Hope. - Government Notice, 31st October, 1856. The conditions and regulations relative to the disposal of crown lands in this colony, published by government notice of the 17th May, 1844, are cancelled, and in future all waste and unappropriated crown lands will be sold subject to an annual quit rent on each lot, and at a reserved price sufficient to defray the costs of inspection, survey, and title deed.

Natal.-1. The unappropriated crown lands in this colony are sold in freehold, and by public auction only.

2. Unless it is otherwise notified the upset price will be 4. per acre (one acre is about half a morgen), but the Governor for the time being will have the power to fix such higher upset price as the locality or other circumstances may render expe dient, of which due notice will always be publicly given. Lands not sold at auction may at any time within three years afterwards be purchased at the upset price on payment of the whole purchase money.

Ceylon.Crown lands are sold by auction at an upset price fixed by the Governor, at not less than 17. per acre. They must be previously surveyed by the government, and duly advertised.

Summary of Modes of Sale, and Prices, in the Principal Land-Selling Colonies.

North American Colonies. Canada (West)

Canada (East)

Nova Scotia
New Brunswick

Newfoundland

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For a whole town

ship 28. 6d. cur. rency. 28. 1d. stg. For lots in town

ships 34. 6d. cur.
rency, 2s. 11d. stg.
For all other lands
upset price 5. cur.
rency, 44. l. stg.
1s, to 5s. ditto, ac-
[cording to situa-
tion, 10d. to 48. 2d.
sterling.

1s. 9d. sterling.
28. 5d. sterling upset
price, with 20 per
cent. discount for
ready money.
28. currency upset
price, 18. 8d. stg.
4s. to 88., according
to situation.

11. sterling.
Upset price 10s.

Tasmania

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Upset price 11. ster
ling.

Ditto

Hong Kong •

Ditto.
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fixed by govern

ment.

Highest fixed price

10s. an acre, except in Canterbury, where it is

21.

Upset price 8s. sterling.

Ditto 68.

Ditto 11.

No fixed upset price.

Upset price 4s. sterling.

Ditto 1. sterling.

Ditto. Only leases The lowest fixed

granted.

rental for build

ing, not farm, lots is 21. per acre. Highest ditto,

hitherto,

South Australia

RIGHTS OF COMMONAGE AND LEASES OF PASTURE LANDS

IN AUSTRALIA.

New South Wales. The following is the substance of the most important provisions of the regulations in force for the disposal of land for pastoral purposes: 1st, in the settled dis tricts; and, 2dly, in the unsettled and intermediate districts. These regulations were established by the governor in pursuance of an order of the Queen in council, dated 9th March, 1817, and issued under the act of Parliament 9 & 10 Vict. c. 104.

I. As to the settled districts:

1. All purchasers of crown lands, or grantees who have com. muted their quit rents, are to have a right of commonage over vacant crown lands in their neighbourhood until disposed of.

2. Persons holding in fee simple not less than 640 acres of land will be entitled to claim of government a lease of the adjacent lands, to the extent of three times their own property, at a fixed rent of 10s. for each section of 640 acres.

3. Any person may require government, or the government may proceed of its own accord, to put up to auction leases of any vacant lands at a minimum upset rent of the same

amount.

4. The leases will, as a general rule, be renewed, unless the land is wanted by government for sale, or is required under the above provisions by the owner in fee of the adjacent property.

5. The leases are to be annual, and for pastoral purposes only, with a limited right of cutting timber. They are not assignable; and if the land is required for sale, it must be surrendered at one month's notice, without any compensation for improvements.

II. As to the unsettled and intermediate districts:

1. The governor may grant leases of runs for 11 years in the unsettled districts, and 8 in the intermediate. These leases

3317.

confer the right to use the land for pastoral purposes, and to cultivate so much as is necessary for the consumption of the lessee's own establishment, but not for sale.

2. Each run must be capable of carrying 4,000 sheep, or an equivalent number of cattle.

3. The rent is at least 10. per annum, with 27. 10. additional for every 1,000 sheep (beyond the first 4,000) which the run will carry.

4. During the currency of the lease the lessee may buy portions of the land, not being less than 160 acres in extent, without competition. The ordinary price will be 11. an acre; but in peculiar cases the governor may require a larger sum. The governor may also resume any part of the land for public purposes.

5. Leases of vacant runs are disposed of by tender. Leases are forfeited if the lessee neglects to pay his rent, or is convicted of certain legal offences.

6. At the expiration of the lease in the unsettled districts, or at the expiration of each year of the lease in the intermediate districts, any part of the land may be sold by government, subject to a right in the lessee of preemption, and of compensation for improvements. Unless the land itself is brought within the settled districts, or one fourth part of it is sold, the lessee is en. titled to a renewal of his lease as to the unsold part; but if any part of it be sold, the governor may raise the rent to an extent not exceeding 50 per cent.

7. If during the lease the land has been brought within the intermediate districts, it will only be relet subject to the rules applicable to land in those districts.

For the regulations themselves as to the settled districts, vide Parliamentary Papers (No. 994) presented by command in 1818, and Appendix No. 7. to the Emigration Commissioners General Report for 1849; and for the regulations as to the unsettled and intermediate districts, vide Parliamentary Papers

No. 252) of 1847, and Appendix No. 7. to Commissioners
General Report for 1847.

South Australia.-The following regulations authorising district councils to grant depasturing licences within their districts were established by the governor's proclamation, dated Adelaide, 4th October, 1855, and issued under the authority of the provincial act, No. 16 of 1842, being an act to appoint district councils and define the powers thereof :

1. That depasturing licences shall be granted for certain stated periods, to be determined by the district councils respectively.

2. That before granting any such licences, the several district councils shall make an estimate of the number of cattle which the common lands of their respective districts are capa ble of maintaining, and that the number of cattle to be licensed for the period then next ensuing shall in no case exceed the estimate so made.

3. That every person holding land within a district shall, on complying with any bye laws that may be made in that behalf, and on payment of such fees as may be fixed by the coun. cils respectively, be entitled to receive a depasturing licence, the number of cattle to be depastured under such licence being calculated according to the extent of land held. Provided, however, that if any persons shall omit to take out the licences to which they are entitled, within such time as the councils may appoint, or if any persons shall take out licences for a less number of cattle than has been assigned to them, the councils may grant licences for such number of cattle as may be wanting to make up the whole number which the common lands have been estimated to be capable of maintaining, to any land

holders in the district, in accordance with such regulations as the councils respectively shall think fit to make.

4. That every holder of a depasturing licence shall be entitled to depasture on the common lands either great cattle or small cattle, at his option; one head of great cattle to be deemed and taken to be equivalent to 6 head of small cattle, both as regards the number of cattle to be depastured, and the fees payable in respect thereof.

5. That the words "great cattle" shall be deemed and taken to mean horned cattle, horses, mules, and asses, male and female, with their offspring above 6 months old; and that the words "small cattle" shall be deemed and taken to mean sheep and goats, male and female, with their offspring above 4 months old; and that the words "common lands shall be deemed and taken to mean all the unsold lands of the crown within any district, not granted under lease, nor appro priated to any particular purpose by the executive government of the province.

The holder of purchased land within any hundred or part of a hundred, not being within a district, will also be entitled, under the governor's proclamation of the 23rd March, 1853, to a depasturing licence over the unappropriated waste lands therein, for one head of great cattle, or 6 head of small cattle for every 5 acres purchased.

The licence must be applied for to the commissioner of crown lands, between the 1st and 30th of June in each year; and the fee payable is 2s. 6d. for not more than 5 head of great cattle, and 6d. per head for all above that number.

Timber licences are granted annually, terminable on the 31st December, on payment of a fee of 51.

Considering that it may, speaking generally, be laid down that in N. S. Wales from 3 to 4 acres are required to depasture a single sheep, it is obvious that the plan of selling such land at a minimum price of 12s. or 20s. an acre, would effectually prevent its being bought for pastoral purposes. And, in point of fact, incomparably the greater number of the sheep belonging to the colony are depastured on what has been called the squatting system. A capitalist intending to become a wool grower formerly took out an annual licence, for which he paid 107., authorising him to depasture a run, or tract of land, of no definite magnitude, but usually varying in size from 3,000 or 4,000 to perhaps 25,000 or 30,000 acres, under the important proviso (which, however, has not been enforced) that he should pay in addition an annual rent of Id. for every head of sheep and of 3d. for every head of cattle depastured on the run. This system having been acted upon for a lengthened period the runs began to be regarded as a sort of quasi property; and those in preferable situations were disposed of by one holder to another for considerable sums. In the end, however, government was forced to interfere with this system; and the act 9 & 10 Vict. c. 104. empowered the authorities to eject persons unlawfully occupying waste lands, provided they had not held them without interruption for 21 years previously to the passing of the act. If they had done this, their title was secured. From the passing of this act, a new and complicated system, the leading provisions of which have already been laid before the reader (p. 352, &c. ), has been adopted for the disposal of waste lands. Under its operation, vast tracts have been let, of what was at the time unsettled districts, for 14 years with a right of pre-emption, without competition, at 17. per acre. But, in the meantime, portions of the land so disposed of, being found to contain deposits of gold, have suddenly become of the greatest value; while other and far more extensive portions in the vicinity of the "diggings" are urgently required for agricultural purposes. Under such circumstances, we need not be surprised that the question in regard to the lands held, or alleged to be held, under 14 years' leases with a right of pre-emption, should have become of equal importance and difficulty. Owing to the want of surveys and defined boundaries, few of the occupiers of waste lands have obtained leases. And while, on the one hand, they insist on the fulfilment of their contracts, they are opposed, on the other, by the great bulk of the population, who justly object to the waste of the public property, and to the all but irreparable injury that would be done to the colony by handing over to a few individuals a vast extent of what is now become very valuable land. The idea that the leases, if granted, would be effectual, is, in the present state of the colony, quite preposterous. It is, in truth, all but contradictory to suppose that in a country like Australia, with a population increasing in numbers and wealth with unparallelled rapidity, millions of acres of the best situated lands should be engrossed, at a mere nominal rent, by a handful of individuals. If a system of this sort be not put an end to by the interference of government, it will, no doubt, be forcibly suppressed by the colonists themselves. It is too flagrant an absurdity to be tolerated, and the better way would be to come, while it is yet time, to some sort of compromise; that is, to give some compensation to the lessees for claims which were conceded to them in ignorance, and which they cannot, in the existing state of things, maintain or make good.

The following statement, laid on the council table at Sydney, the 22d May, 1849, shows the enormous extent to which the squatting system (of which the leasing system is an off-shoot) has been carried.

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