Courtesy of TROVE Northern Star, Saturday 22 March 1947

SAGAS OF THE EARLY DAYS by WINDSOR LANG.

Free Selection Before Survey

THE PASSAGE of Mr. (after Sir) John Robertson’s Land Act of 1861 threw open for “free selection before survey” the whole area in the Richmond River basin. Excepted, of course, were those portions of their runs that had been secured by the squatters after the 1847 Act, a few farms that had been sold in 1857, together with a few comparatively small blocks, of from 40 to 60 acres each, that had been granted under “Volunteer Orders,” to members retiring after long service with the Sydney Volunteer Corps.

To bring local land settlement into its proper perspective, and to permit one to appreciate the full significance of the Land Act of 1861, it will be necessary to study the “all-over’” pattern of Land Settlement in N.S.W. before 1861.

“Up to 1861 large tracts of land had been “alienated” by grants and orders. Sales by auction had been introduced in 1831 with a minimum price fixed at 5/- an acre – later 12/-an acre – and ultimately at £1 an acre. The “waste” lands of the colony could be occupied without being purchased, under a system of yearly license. Licenses were £10 per annum for an area of 25 square miles, and £2 10s. for each additional five square miles.

In 1847 the land in N.S.W. was divided into three classes of districts:  –  (1) Settled. (2) Intermediate (3) Unsettled. Pastoral “leases” were possible in the first class for one year only, though they might be renewed; in the second for eight years; and in the third for 14 years. During his occupancy the leasee could, if he chose, purchase part or his holding at £1 an acre.” (K. R. Cramp.)

Wool production was most important to the colony’s progress, so it gave little cause for wonder that settlement by pastoralists was encouraged, but it was felt by some that agriculturist population had not received encouragement in equal measure.

Dr. John Dunmore Lanar from the time of his arrival in N.S.W. in 1824 until his death in 1878 worked untiringly in the interests of any plan that he believed to be for the progress of his adopted country.

For some years he stood almost alone in his advocacy of encouragement to agricultural settlers. He was responsible for the immigration of numbers of free agricultural settlers from England and Scotland. He sponsored various experiments in the growth of grain, sugar, and cotton.

Dr. Lang had to encounter bitter opposition to his proposals from those who were in the position to influence the ruling classes, their attitude is typified by a report made to the N.S.W. Legislative Council in 1850 by the squatters of Moreton Bay:  – “Seven eighths of the population of N.S.W. is wool. Any reduction in this production, or any increase in its costs will be injurious to the colony. We urgently need labour, and would rather have the pick of the gaols than the refuse of the workhouses. (Arthur W. Jose.)”

This slighting reference to Dr. Lang’s free immigrants was most uncalled for because the immigrants that he introduced, together with their descendants, have contributed much to the social and material prosperity of our land. One must remember, too, that although the transportation of convicts to Eastern Australia had definitely ceased in 1850, there still existed in New South Wales a body a body of people who hankered after the continuance of the system that had provided a “pool” of labourers by way of assigned servants. This body did not desire that “pool” to be replaced by an independent agricultural community.

The Land Act of 1861 had been introduced with the purpose of encouraging an agricultural population.

“The act allowed persons desiring to take up farming to select their farms on unsurveyed lands. Selectors could choose from 40 to 320 acres at £1 per acre, and deposit one-quarter of the purchase money. They had to reside for at least three years on their selections, and spend on improvements a sum equal to £1 for each acre selected. The balance of the money owing could be paid of practically at will – interest rate, of course being added. (K. R. Cramp.)”

“Unsurveyed lands,” thus thrown open for settlement in the “unsettled districts, in addition to the totally unoccupied lands, included the “runs” of the pastoralists – i.e. those portions of their holdings that had not been “secured” under the 1847 Act. These “runs” rambled over loosely-defined areas of hill and dale.

From that we can easily deduce that the prospective settler was allowed to select any portion of this land-up to 320 acres.

“It seemed as if two men could legally be in occupation of the same land at the same time; though, as a matter of fact, the man who had leased it would wake up one morning to find that his occupation of the lease was no longer legal, because someone else had selected it, and paid a deposit on it.

(To be continued.)

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