January 1842
3rd. Interesting trial, at Quarter Sessions, of an aboriginal native named Wewar, indicted for the murder of Denung, another aboriginal native belonging to the same tribe, and in the employ of a white settler. The prisoner's counsel objected to the jurisdiction of the Court that it was not competent to try the prisoner on several grounds, but principally on the ground that the aborigines were not properly punishable, by our laws, for offences committed inter se. The objection was over-ruled by the Court, and the prisoner was arraigned, convicted, and sentenced to transportation for life at Rottnest.
Upon this trial we may observe that an exactly similar case occurred, just before, at Port Phillip, on which occasion very much the same objections were raised by the prisoner's counsel. The presiding judge, Judge Willis, entertained the objections, and the prisoner was acquitted, contrary however to the general opinion of the colony, as expressed by the Port Phillip papers.
7th. Total fixed revenue of the colony for the quarter ending December 1841, declared at £2,083.
❈ New tenders for the conveyance of the different mails on a much more extensive plan were issued in this month.
Upon this trial we may observe that an exactly similar case occurred, just before, at Port Phillip, on which occasion very much the same objections were raised by the prisoner's counsel. The presiding judge, Judge Willis, entertained the objections, and the prisoner was acquitted, contrary however to the general opinion of the colony, as expressed by the Port Phillip papers.
7th. Total fixed revenue of the colony for the quarter ending December 1841, declared at £2,083.
❈ New tenders for the conveyance of the different mails on a much more extensive plan were issued in this month.
February 1842
1st. A meeting of the entire clergy of the colony is held for the purpose of conferring upon matters affecting the Church of England in Western Australia, when a letter to the Bishop of the Diocese was agreed upon, setting forth the affairs of the Church in the colony.
This letter was afterwards published at length in "The Record." No answer has as yet been received.
2nd. A new line of road from King George's Sound to the Vasse is travelled over by Mr. Bland and party, and an account published for general information.
One object of this expedition, as well as of another undertaken about the same time by Mr. V. Bussel and Mr. R. Sholl, was to discover a pass through the hills that was practicable for carts, with a view to the conveyance of the mail by that way between the two out ports. No such pass, however, was discovered, but all the explorers agree that a considerable portion of the country so traversed over is of the very finest description.
❈ A return of the sale of town allotments at Bunbury from 1st November to 31st December 1841, is published by government, by which it appears that ten allotments were sold in the period, for an aggregate sum of £250.
9th. A great improvement takes place in the conveyance of mails; the number being increased, while the cost to the public is decreased.
Still further improvements are contemplated in this service. The tenders for the year 1843 have been issued, and will embrace a weekly mail to Australind, instead of one every fortnight, as is the case at present. An arrangement will also be made for reducing the expense of the King George's Sound mail, and for making that to the Toodyay more generally effective.
22. Appeal to the Council-chamber against a judgement given in the Civil Court of the colony in a cause "Austin v. Clifton," when the judgement of the Court below was confirmed. This vent is remarkable as the first appeal that has been made in the colony.
❈ Sixteen allotments of 50 acres each, being portions of the land set apart for the town site of York, are thrown open to the selection of the public for purchase at a fixed price of 30s. per acre.
This was done in consequence of several applications having been repeatedly made for the land. All were subsequently purchased at the price.
This letter was afterwards published at length in "The Record." No answer has as yet been received.
2nd. A new line of road from King George's Sound to the Vasse is travelled over by Mr. Bland and party, and an account published for general information.
One object of this expedition, as well as of another undertaken about the same time by Mr. V. Bussel and Mr. R. Sholl, was to discover a pass through the hills that was practicable for carts, with a view to the conveyance of the mail by that way between the two out ports. No such pass, however, was discovered, but all the explorers agree that a considerable portion of the country so traversed over is of the very finest description.
❈ A return of the sale of town allotments at Bunbury from 1st November to 31st December 1841, is published by government, by which it appears that ten allotments were sold in the period, for an aggregate sum of £250.
9th. A great improvement takes place in the conveyance of mails; the number being increased, while the cost to the public is decreased.
Still further improvements are contemplated in this service. The tenders for the year 1843 have been issued, and will embrace a weekly mail to Australind, instead of one every fortnight, as is the case at present. An arrangement will also be made for reducing the expense of the King George's Sound mail, and for making that to the Toodyay more generally effective.
22. Appeal to the Council-chamber against a judgement given in the Civil Court of the colony in a cause "Austin v. Clifton," when the judgement of the Court below was confirmed. This vent is remarkable as the first appeal that has been made in the colony.
❈ Sixteen allotments of 50 acres each, being portions of the land set apart for the town site of York, are thrown open to the selection of the public for purchase at a fixed price of 30s. per acre.
This was done in consequence of several applications having been repeatedly made for the land. All were subsequently purchased at the price.
March 1842
❈ In this month commenced the resistance against the Act contemplated by the local government to prevent the temporary occupation of Crown land — in other words, to prohibit squatting under heavier penalties than were incurred by the then existing law. A memorial, very numerously and respectably signed, requesting that no legislative enactment which should have the effect of preventing the temporary occupation of Crown lands might be made, is addressed to the government of the colony.
It would seem that the local government entertained different views of this subject at different times, as will more fully appear as we trace out the result of the measure. At first the universal belief was, that it was the intention to exclude the settlers altogether from the occupation of Crown lands unless by purchase, and it was in this belief that the memorial above referred to was got up. However, by the bill subsequently brought in, such occupation was permitted under license. Further reference will be made to this subject as we
proceed.
❈ In this month, too, the letters of "Colonicus," urging upon our settlers the necessity for making the colony better known, appeared in this journal, and a provisional committee is named for the purpose of bringing the proposal before the public in some definite form.
❈ The subject of a corn-law, for the better protection and encouragement of agriculture, begins to excite some attention.
30th. The York Branch of the Agricultural Society, in their annual report to the Governor, point out the evils accruing to the colony by the high price of Crown lands. The report states that "purchasing land on the present terms is out of the question as a profitable investment," and entreats his Excellency to recommend that the price be reduced to the real value of the land.
❈ The foundation-stone of an episcopal church at Fremantle is laid by his Excellency the Governor.
31st. The government issues a notice to all persons requiring domestic servants or labourers, to transmit a descriptive list of the same, in order that they may be introduced through the means of the labour fund.
It would seem that the local government entertained different views of this subject at different times, as will more fully appear as we trace out the result of the measure. At first the universal belief was, that it was the intention to exclude the settlers altogether from the occupation of Crown lands unless by purchase, and it was in this belief that the memorial above referred to was got up. However, by the bill subsequently brought in, such occupation was permitted under license. Further reference will be made to this subject as we
proceed.
❈ In this month, too, the letters of "Colonicus," urging upon our settlers the necessity for making the colony better known, appeared in this journal, and a provisional committee is named for the purpose of bringing the proposal before the public in some definite form.
❈ The subject of a corn-law, for the better protection and encouragement of agriculture, begins to excite some attention.
30th. The York Branch of the Agricultural Society, in their annual report to the Governor, point out the evils accruing to the colony by the high price of Crown lands. The report states that "purchasing land on the present terms is out of the question as a profitable investment," and entreats his Excellency to recommend that the price be reduced to the real value of the land.
❈ The foundation-stone of an episcopal church at Fremantle is laid by his Excellency the Governor.
31st. The government issues a notice to all persons requiring domestic servants or labourers, to transmit a descriptive list of the same, in order that they may be introduced through the means of the labour fund.
April 1842
6th. Arrival of the Diadem at Australind with 170 persons on board for that settlement. This vessel was completely cleared out of passengers, cargo, and emigrants, in the short space of ten days.
7th. Meeting of the General Road Trust on the subject of a projected causeway over the flats. It was intimated at the meeting that the Governor had promised to advance £850 out of the colonial chest for this particular work, on the understanding that any further allowance on roads and bridges, for the year, should not exceed £400. It was resolved that plans and specifications should be called for on the plan of the above arrangement.
13th. Total fixed revenue of the colony for the quarter ending 31st March 1842, declared at £2,717 6s. 9d., being an increase on the last quarter of nearly £700.
20th. The Bank of Australasia publishes a half-yearly average of the weekly liabilities and assets within the colony: liabilities, £7,156 9s. 4d.; assets, £21,421 4s. 4d.
❈ The Chief Commissioner of the Western Australian Company gives notice of the appropriation of the respective town allotments in Australind to the purchasers thereof.
❈ The government publishes a return of the sale of town allotments in Bunbury from the 1st January to 31st March 1842: three allotments for £75.
❈ Public meeting of the inhabitants of Western Australia for the purpose of agreeing to congratulatory addresses on the occasion of the birth of a Prince of Wales.
❈ The town of Perth greatly improved by the construction of foot-paths in and leading to Hay street.
27. The provisional committee of the Western Australian Society within the colony issue their prospectus, and invite a public meeting of the colonists on the subject.
16th. Postmaster appointed for the Northam and Toodyay districts.
❈ Further report of the committee of the Agricultural Society appointed to inquire into the nature of the poisonous plant, by which it appears that the plant is only fatal at certain seasons of the year.
❈ The Mill-street Jetty open to the public.
❈ Return of sales of Crown lands from the 1st January to 30th April 1842 is published. The return is of five sales effected, out of which four were of 160-acre sections, with commonage.
21st. Public meeting of the colonists with a view to the establishment of a society to be called "The Western Australian Society." The Hon. the Colonial Secretary having been called to the chair, the necessary resolutions were put and carried, and the Society duly organised.
It may be well here briefly to recur to the objects of this society. It has been formed for the purpose of making this colony better known at home, and also of putting some check to the misrepresentations that have been so long afloat respecting it; the which misrepresentations, inasmuch as they have never been sufficiently denied, at least in the mother-country, are still viewed as facts by many. It is intended that the funds of this society shall be principally expended in advertising, in England, all points of useful information regarding the resources which the colony offers to emigrants, so as at least to keep it in some degree before the public. The society has met with very good support here, and the whole of the subscriptions received have long since been forwarded to responsible agents in London, who, being duly informed of the objects of the society, will administer the funds for its benefit. The committee of the society has also placed itself in correspondence with many persons both in London and elsewhere, and information upon several important points has already been conveyed to a society of the same name in London for dissemination. It will, however, be some months before any reply can be received to the communications that have been made from this country. In the meantime the members of the society are reminded that each one of them is expected to furnish to the Secretary any and all information he may be able to give upon such matters connected with the colony as fall within his own observation.
❈ Notice by the Chief Commissioner of the completion of the selection and appropriation of the 4,000 allotments within the town site of Australind, and that he is ready to give possession to the purchasers.
7th. Meeting of the General Road Trust on the subject of a projected causeway over the flats. It was intimated at the meeting that the Governor had promised to advance £850 out of the colonial chest for this particular work, on the understanding that any further allowance on roads and bridges, for the year, should not exceed £400. It was resolved that plans and specifications should be called for on the plan of the above arrangement.
13th. Total fixed revenue of the colony for the quarter ending 31st March 1842, declared at £2,717 6s. 9d., being an increase on the last quarter of nearly £700.
20th. The Bank of Australasia publishes a half-yearly average of the weekly liabilities and assets within the colony: liabilities, £7,156 9s. 4d.; assets, £21,421 4s. 4d.
❈ The Chief Commissioner of the Western Australian Company gives notice of the appropriation of the respective town allotments in Australind to the purchasers thereof.
❈ The government publishes a return of the sale of town allotments in Bunbury from the 1st January to 31st March 1842: three allotments for £75.
❈ Public meeting of the inhabitants of Western Australia for the purpose of agreeing to congratulatory addresses on the occasion of the birth of a Prince of Wales.
❈ The town of Perth greatly improved by the construction of foot-paths in and leading to Hay street.
27. The provisional committee of the Western Australian Society within the colony issue their prospectus, and invite a public meeting of the colonists on the subject.
May 1842
9th. The ship Transit is wrecked off the north end of Rottnest, on her way up from Les chenault.
16th. Postmaster appointed for the Northam and Toodyay districts.
❈ Further report of the committee of the Agricultural Society appointed to inquire into the nature of the poisonous plant, by which it appears that the plant is only fatal at certain seasons of the year.
❈ The Mill-street Jetty open to the public.
❈ Return of sales of Crown lands from the 1st January to 30th April 1842 is published. The return is of five sales effected, out of which four were of 160-acre sections, with commonage.
21st. Public meeting of the colonists with a view to the establishment of a society to be called "The Western Australian Society." The Hon. the Colonial Secretary having been called to the chair, the necessary resolutions were put and carried, and the Society duly organised.
It may be well here briefly to recur to the objects of this society. It has been formed for the purpose of making this colony better known at home, and also of putting some check to the misrepresentations that have been so long afloat respecting it; the which misrepresentations, inasmuch as they have never been sufficiently denied, at least in the mother-country, are still viewed as facts by many. It is intended that the funds of this society shall be principally expended in advertising, in England, all points of useful information regarding the resources which the colony offers to emigrants, so as at least to keep it in some degree before the public. The society has met with very good support here, and the whole of the subscriptions received have long since been forwarded to responsible agents in London, who, being duly informed of the objects of the society, will administer the funds for its benefit. The committee of the society has also placed itself in correspondence with many persons both in London and elsewhere, and information upon several important points has already been conveyed to a society of the same name in London for dissemination. It will, however, be some months before any reply can be received to the communications that have been made from this country. In the meantime the members of the society are reminded that each one of them is expected to furnish to the Secretary any and all information he may be able to give upon such matters connected with the colony as fall within his own observation.
❈ Notice by the Chief Commissioner of the completion of the selection and appropriation of the 4,000 allotments within the town site of Australind, and that he is ready to give possession to the purchasers.
June 1842
1st. Fourteenth anniversary of the foundation of the colony.
❈ The new episcopal church at Mandurah, on the Murray, is opened for divine service.
8th. Establishment of a society for promoting the cultivation of the vine, and the plantation of vineyards.
This society has already had several meetings, and some very valuable information has been published, under its sanction, with regard to the proper cultivation of the vine. A good result is already perceptible, in the vast number of new vineyards that have been established in consequence, and in the improved system that has been adopted in those that existed before the formation of the society. The originators were induced by the extraordinary adaptation of the soil and climate of this country to the growth of the vine, which is sufficient to warrant the most sanguine expectation.
9th. The session of the Legislative Council commences, the Governor opening the proceedings with an exposition of the general aspect of the colony's affairs.
This speech contains so much that is valuable and interesting, that we should have been glad to have made an abstract of it here; but to do this properly would lead us far beyond the limits we have prescribed for this register.
❈ The reply of his Excellency to the address of the Legislative Council on the subject of the appropriation of the labour-fund is read in Council.
This address prayed for the speedy application, generally, of the fund to the purposes intended, and particularly for the application of a part to the payment of an agent in the mother-country to be appointed to select and send out emigrants to this colony. The reply expresses the Governor's desire to see such an agent appointed, but states that he has no power to establish such agency without the sanction of the Secretary of State, under whose notice he would, however, bring the subject. It is quite clear, from the papers on emigration printed June 1842, that the task of selecting and sending out emigrants is considered necessarily to devolve on the Emigration Board, Mr. G. Moore's offer in that respect having been declined. It does not appear, however, that the colony gains any thing by the commissioners' services, as a paid agency is still employed by them, and of course the fund proportionally diminished. It would thus seem that the colony does already pay an emigration agent, although the appointment of witch is in other hands.
16. Mr. Leake, in Council, presents a petition from certain agriculturists and others praying for a protecting duty on foreign grain and flour, and gives notice that be will move an address to the Governor on the subject at the next meeting.
❈ A petition is also presented by Mr. Yule in favour of the temporary occupation of Crown lands.
This petition, which was signed by most of the large flock-holders and land-owners in the colony, was considered necessary in consequence of the local government declaring its intention to bring in a bill "to prohibit squatting under heavier penalties than by the existing law." This intention was not however carried out — squatting was not prohibited, but encouraged, by the bill brought in upon the subject. Had the intention of the local government been more clearly expressed, it is probable that this petition would not have been presented, or at least would not have been in the same form.
❈ In the Legislative Council, a "bill to prevent the unauthorised occupation of Crown lands" is read a first time.
This bill — which underwent so many changes as scarcely to be recognisable at the third reading — is the one introduced by the government in accordance with its avowed intention of prohibiting squatting. The effect of the bill was however to permit the occupation of Crown lands under an annual license of £20 for every four square miles, with a right of preemption to the licensee, and thus the real principle of the bill would have been much better expressed if the title had been a "bill to authorise the occupation of Crown lands upon certain conditions." The opposition out of the Council to this bill was very great, principally upon the grounds that it was inexpedient at present to interfere at all with the then existing system, which had not been productive of any evil, and also because of the enormous amount to be paid for a license. Within the Council much objection was hushed by the giving the right of preemption, and by the feeling against unlicensed squatting.
23rd. Sitting of the Legislative Council, in which the Governor makes an exposition of the financial affairs of the colony. The total sum at the command of government for the finance year 1841-42 is declared to have been £15,625 18s. The regular revenue is also stated to be on the increase, but a falling off in the incidental revenue is stated to have caused a deficiency as compared with the total amount of the previous year. A large sum is stated to have been drawn from the labour-fund to meet the extra expenditure necessary for the general service of the colony.
❈ Mr. Leake brings forward his motion for an address to the Governor requesting him to bring in a bill to regulate the importation of foreign corn, flour, &c, by the imposition of a duty. The hon. member argues generally that such a measure is necessary for the protection of our own farmers', who are unable to compete with the foreign grower, and enters upon several calculations to show that 8s. per bushel was the least price that would remunerate the colonial grower of wheat, which price was equivalent to flour at 3d. per lb.; while the foreign importer, from the difference of labour and other circumstances, was enabled to bring it into the market at a very little above 2d. The interval between these two prices being therefore a clear advantage to the foreign shipper, and a loss to the colony of 33 per cent. In consequence of the absence of one or two members from Council, the discussion upon this motion was postponed.
❈ The contract for the supply of fresh meat to the troops in Perth for the next three months is accepted by the Commissariat at 7 ¾ d. per 1b.
30th. Important debate in the Legislative Council upon Mr. Leake's motion as above.
This motion was strenuously supported by the Hon. the Advocate-General, and opposed by the Governor, the Hon. the Colonial Secretary, and the Hon. the Surveyor-General: ultimately it was carried by a majority of five to four. The Governor observes that, in spite of the result of the division, his determination is not to bring in the bill. This determination is hailed by the public generally with great satisfaction.
❈ Long and interesting debate upon the second reading of the "bill to prevent the unauthorised occupation of Crown lands."
The principal amendment proposed was for the reduction of the price of the annual license from £20 to £10, which was objected to, on the ground that the sum paid for licenses ought to be such as would meet the expenses consequent upon the act, and that £10 would be insufficient for such purpose. The amendment was lost on a division, and the bill passed the second reading with out any alteration, although evidently viewed with suspicion by more than one of the members.
 |
| Sketch in the town of Perth, Western Australia 1839 |
July 1842
5th. Appropriation of one-hundred acre sections at Australind to the purchasers.
Five hundred of these sections were sold by the Company in England, and the survey of 150 out of these being completed, that number was appropriated. The allotments on the estuary, nearest the town, were the most in request.
6th. Half-yearly meeting of the proprietors of the Western Australian Bank, at which a dividend of 8 per cent, upon the half year is declared, after making all the usual reserves. The directors also announce the establishment of a foreign agency through the firm of Messrs. Mangles, Price, & Co.
7th. The Legislative Council rejects the bill to amend the laws in force respecting the establishment and management of Banks, on the second reading, on the ground that it placed improper restrictions upon what was as much a legitimate trade as any other branch of industry, and would operate most unfairly and injuriously against private firms and individuals engaged in banking, and have the effect of throwing such business entirely into the hands of chartered companies.
❈ The bill to impose an ad valorem duty of 2 ½ per cent, upon all imports passes the second reading.
Some attempts were made to except from the operation of the act several articles, such as the personal clothing, &c, of emigrants, and foreign seeds and plants, but without effect. The only exception made is in favour of live stock imported direct from the United Kingdom; with power to the Governor, in case of emergency, to exempt from duty any article considered as a necessary of life. This act was subsequently passed without opposition, and has already been found to work vexatiously in many respects, but especially in the case of private packages, upon which it is next to impossible to name a value, and which are also subjected to the prying eyes of Custom-house officers. It is expected that the act will be materially amended, or at least altered, in the next session.
14th. On the motion for the third reading of the bill to prevent the unauthorised occupation of Crown lands, an amendment for its re-committal is carried, with a view to the introduction of a clause making it compulsory on the Collector of Revenue to regrant or renew all licenses previously granted.
The object of this amendment was to give further encouragement to the licensee to improve the land occupied. It was opposed however, as interfering with the rights of the Crown, and ultimately the further consideration of the bill generally was postponed, several members expressing the difficulty they felt in coming to a decision on many points of importance.
19th. The local government notifies to the public the receipt of a despatch from the Secretary of State disallowing the regulation of January 1841, by which parties holding land under the primary regulations were permitted to commute their location duties by the payment of a present fine; also disallowing the regulation of June 1841, authorising the purchase of 160 acres, with the right of commonage.
The refusal to sanction these regulations, especially the latter, caused considerable excitement and regret among the colonists, and has since been repeatedly mentioned in Council, and out of it, as a most unwise interference. It was said at the time that this refusal had a retrospective effect, and that all lands obtained by virtue of the unsanctioned regulations were to be resumed, or held on the old terms. We believe that some notice of the sort was given to those who had availed themselves of the regulations, but our local government has not gone the length of interfering with those who had thus acquired a fee-simple property, whatever the orders from home might have been in that respect.
❈ The fixed revenue of the colony for the quarter ending 30th June 1842, is declared at £2,085 4s. 9d.
21st. Motion made in Council by the Hon. the Advocate-General for the examination of witnesses upon the subject of the operation of squatting in New South Wales, and its probable effects in this colony, and generally upon the subject of the bill then before the Council to prevent the unauthorised occupation of Crown lands. Motion granted.
The object was that, this examination should precede the final debate on the bill, in order that the Council might have something like evidence to guide them, and also ascertain the public feeling with regard to the bill. The simple fact is, that precisely as the bill was introduced at first without any immediate necessity, so fresh difficulties presented themselves as it was proceeded with. The Council is occupied, during the next sitting, with the examinations; for the evidence given reference is made to Nos. 105 and 106 of this journal.
Five hundred of these sections were sold by the Company in England, and the survey of 150 out of these being completed, that number was appropriated. The allotments on the estuary, nearest the town, were the most in request.
6th. Half-yearly meeting of the proprietors of the Western Australian Bank, at which a dividend of 8 per cent, upon the half year is declared, after making all the usual reserves. The directors also announce the establishment of a foreign agency through the firm of Messrs. Mangles, Price, & Co.
7th. The Legislative Council rejects the bill to amend the laws in force respecting the establishment and management of Banks, on the second reading, on the ground that it placed improper restrictions upon what was as much a legitimate trade as any other branch of industry, and would operate most unfairly and injuriously against private firms and individuals engaged in banking, and have the effect of throwing such business entirely into the hands of chartered companies.
❈ The bill to impose an ad valorem duty of 2 ½ per cent, upon all imports passes the second reading.
Some attempts were made to except from the operation of the act several articles, such as the personal clothing, &c, of emigrants, and foreign seeds and plants, but without effect. The only exception made is in favour of live stock imported direct from the United Kingdom; with power to the Governor, in case of emergency, to exempt from duty any article considered as a necessary of life. This act was subsequently passed without opposition, and has already been found to work vexatiously in many respects, but especially in the case of private packages, upon which it is next to impossible to name a value, and which are also subjected to the prying eyes of Custom-house officers. It is expected that the act will be materially amended, or at least altered, in the next session.
14th. On the motion for the third reading of the bill to prevent the unauthorised occupation of Crown lands, an amendment for its re-committal is carried, with a view to the introduction of a clause making it compulsory on the Collector of Revenue to regrant or renew all licenses previously granted.
The object of this amendment was to give further encouragement to the licensee to improve the land occupied. It was opposed however, as interfering with the rights of the Crown, and ultimately the further consideration of the bill generally was postponed, several members expressing the difficulty they felt in coming to a decision on many points of importance.
19th. The local government notifies to the public the receipt of a despatch from the Secretary of State disallowing the regulation of January 1841, by which parties holding land under the primary regulations were permitted to commute their location duties by the payment of a present fine; also disallowing the regulation of June 1841, authorising the purchase of 160 acres, with the right of commonage.
The refusal to sanction these regulations, especially the latter, caused considerable excitement and regret among the colonists, and has since been repeatedly mentioned in Council, and out of it, as a most unwise interference. It was said at the time that this refusal had a retrospective effect, and that all lands obtained by virtue of the unsanctioned regulations were to be resumed, or held on the old terms. We believe that some notice of the sort was given to those who had availed themselves of the regulations, but our local government has not gone the length of interfering with those who had thus acquired a fee-simple property, whatever the orders from home might have been in that respect.
❈ The fixed revenue of the colony for the quarter ending 30th June 1842, is declared at £2,085 4s. 9d.
21st. Motion made in Council by the Hon. the Advocate-General for the examination of witnesses upon the subject of the operation of squatting in New South Wales, and its probable effects in this colony, and generally upon the subject of the bill then before the Council to prevent the unauthorised occupation of Crown lands. Motion granted.
The object was that, this examination should precede the final debate on the bill, in order that the Council might have something like evidence to guide them, and also ascertain the public feeling with regard to the bill. The simple fact is, that precisely as the bill was introduced at first without any immediate necessity, so fresh difficulties presented themselves as it was proceeded with. The Council is occupied, during the next sitting, with the examinations; for the evidence given reference is made to Nos. 105 and 106 of this journal.
August 1842
4th. At the meeting of Council this day, the Governor observed that, after the evidence they had heard on the subject of the squatting bill, it was necessary further to consider it, and he proposed that the bill should be referred to a select committee to examine the evidence, and report upon it. — Committee appointed.
❈ W. H. Mackie, Esq., takes his seat in the Council, vice E. P. B. Lennard, Esq., resigned.
11th. The report of the committee appointed to take the squatting bill into consideration, is brought up in Council and received. The principal points considered in this report were, the quantity of land, of which the proposed licenses were to authorise the occupation, and the amount of the licence fee. The committee recommended that £20 per annum should be paid for the occupation of 4,000 acres; that every inducement should be held out for the licensee to improve and permanently occupy the land assigned, and that therefore a preference should be given to him in renewing the license; that he should have a right of preemption, and that he should be compensated for all permanent improvements, in the event of the land being sold or resumed by the government.
❈ An act to facilitate actions against persons absent from the colony, and against persons sued as joint contractors, passes the third reading. By this act, after action commenced in the Civil Court, if the writ of summons be returned, "non est intentus," and affidavit is made that the defendant is not residing within the colony, the plaintiff may proceed by process of
foreign attachment. It appears to be doubtful whether the act would apply to the attachment of lands, belonging to an absentee, of which no person in the colony had the custody or control.
❈ In the Legislative Council a motion is made for the production of the Secretary of State's despatch as to the minimum quantity of land to be sold, and refusing to sanction the 160-acre system. The Governor at first consents to such production, but afterwards refuses, on the ground that the despatch belonged exclusively to the Executive.
❈ Mr. Tanner gives notice of motion that the Council to take into consideration the subject of the disposal of Crown lands, with reference more particularly to the price.
18th. A bill to provide a summary remedy in cases of breaches of contract, passes the third
reading.
This act provides that if any servant, or person employed for the performance of any work in a certain time, shall desert such employment, or leave his work unperformed, or be guilty of other misconduct, it shall be lawful for any two justices to commit to gaol for a term not exceeding three months; with forfeit of all wages due.
❈ The bill to prevent the unauthorised occupation of Crown lands passes the third reading.
This bill was amended in accordance with the suggestions in the committee's report, and from a Bill to prohibit squatting as originally intended, it has turned into a Bill to provide a remedy against the high price of land. After all that has been said of the necessity of this enactment, and in spite of the time and trouble expended upon it, we are still unable to enjoy its blessings, for, in consequence of the compensatory clause, the operation of the bill is suspended until Her Majesty's pleasure be known.
20th. Arrival of the Simon Taylor from London with 219 government emigrants.
25th. The Governor brings forward the estimates of probable revenue for the year ending March 1844; attention is drawn to the fact of there being no item on account of the sales of Crown land, to which the Governor replied that the amount to be raised from this source would be so small and uncertain, that it would be wrong to reckon upon any revenue from it. A pretty commentary on the £1 an acre system when the revenue from the sales of Crown lands is estimated at nil.
❈ W. H. Mackie, Esq., takes his seat in the Council, vice E. P. B. Lennard, Esq., resigned.
11th. The report of the committee appointed to take the squatting bill into consideration, is brought up in Council and received. The principal points considered in this report were, the quantity of land, of which the proposed licenses were to authorise the occupation, and the amount of the licence fee. The committee recommended that £20 per annum should be paid for the occupation of 4,000 acres; that every inducement should be held out for the licensee to improve and permanently occupy the land assigned, and that therefore a preference should be given to him in renewing the license; that he should have a right of preemption, and that he should be compensated for all permanent improvements, in the event of the land being sold or resumed by the government.
❈ An act to facilitate actions against persons absent from the colony, and against persons sued as joint contractors, passes the third reading. By this act, after action commenced in the Civil Court, if the writ of summons be returned, "non est intentus," and affidavit is made that the defendant is not residing within the colony, the plaintiff may proceed by process of
foreign attachment. It appears to be doubtful whether the act would apply to the attachment of lands, belonging to an absentee, of which no person in the colony had the custody or control.
❈ In the Legislative Council a motion is made for the production of the Secretary of State's despatch as to the minimum quantity of land to be sold, and refusing to sanction the 160-acre system. The Governor at first consents to such production, but afterwards refuses, on the ground that the despatch belonged exclusively to the Executive.
❈ Mr. Tanner gives notice of motion that the Council to take into consideration the subject of the disposal of Crown lands, with reference more particularly to the price.
18th. A bill to provide a summary remedy in cases of breaches of contract, passes the third
reading.
This act provides that if any servant, or person employed for the performance of any work in a certain time, shall desert such employment, or leave his work unperformed, or be guilty of other misconduct, it shall be lawful for any two justices to commit to gaol for a term not exceeding three months; with forfeit of all wages due.
❈ The bill to prevent the unauthorised occupation of Crown lands passes the third reading.
This bill was amended in accordance with the suggestions in the committee's report, and from a Bill to prohibit squatting as originally intended, it has turned into a Bill to provide a remedy against the high price of land. After all that has been said of the necessity of this enactment, and in spite of the time and trouble expended upon it, we are still unable to enjoy its blessings, for, in consequence of the compensatory clause, the operation of the bill is suspended until Her Majesty's pleasure be known.
20th. Arrival of the Simon Taylor from London with 219 government emigrants.
25th. The Governor brings forward the estimates of probable revenue for the year ending March 1844; attention is drawn to the fact of there being no item on account of the sales of Crown land, to which the Governor replied that the amount to be raised from this source would be so small and uncertain, that it would be wrong to reckon upon any revenue from it. A pretty commentary on the £1 an acre system when the revenue from the sales of Crown lands is estimated at nil.
September 1842
8th. Opening of the new Episcopal Church at Picton.
12th. Appointment of a Guardian of Juvenile Emigrants.
15th. Examination of witnesses before the Legislative Council on the subject of the disposal of Crown lands.
21st. Tenders for three months supply of fresh meat to the troops in Perth accepted by the Commissariat at 6d per pound.
❈ Discovery by Captain Scully and Messrs. Drummond of a very extensive tract of grassy country to the northward of the Moore river.
29th. The corn-law address is brought up in Council, and a long debate follows; ultimately
the address is rejected.
30th. The registrar of births, marriages, and deaths, publishes his first annual report which places the salubrity of the climate, and the general health of the colony in a very favourable light.
12th. Appointment of a Guardian of Juvenile Emigrants.
15th. Examination of witnesses before the Legislative Council on the subject of the disposal of Crown lands.
21st. Tenders for three months supply of fresh meat to the troops in Perth accepted by the Commissariat at 6d per pound.
❈ Discovery by Captain Scully and Messrs. Drummond of a very extensive tract of grassy country to the northward of the Moore river.
29th. The corn-law address is brought up in Council, and a long debate follows; ultimately
the address is rejected.
30th. The registrar of births, marriages, and deaths, publishes his first annual report which places the salubrity of the climate, and the general health of the colony in a very favourable light.
October 1842
15th. The Western Australian Bank gives notice that a premium of twenty per cent will be
charged on all new shares issued by the Company, not subscribed for before 1st December, 1843.
We believe that the object of this was to prevent new subscribers from having more than a due share in the advantages of the reserve Fund, which has been accumulating since the first establishment of the Bank. It would also seem by it that the Bank was not in want of additional capital.
20th. In the Council, the evidence taken on the subject of the disposal of Crown lands is ordered to be printed, and a committee is appointed to examine into such evidence and report upon it.
❈ The bill for the relief of Insolvent Debtors not in custody' passes the third reading. This bill was introduced with a view to protect the rights of creditors, and the property of debtors, from the injurious consequences of ill-advised and vexatious executions, and also to remove the inducement theretofore existing to some creditors to issue executions to the prejudice of the general body. Before this bill passed one creditor might seize the whole estate of a debtor, pay himself in full, and leave the rest of the creditors without a shilling, the debtor also being left without a chance of freeing himself from his liabilities. By this act the debtor is enabled to make an equal distribution of his property should he be inclined to do so, and he also gets his discharge by consent of his creditors. Some little objection was made to the bill that the declaration of insolvency was not compulsory, and that the act was inoperative except by the will of the debtor himself, but it was shown that this could only be obviated by the introduction of the Bankrupt laws, for which the colony was not yet fitted, and that to provide for the case of fraudulent debtors it would be necessary to enact a totally different law. It may be mentioned as one proof of the steadiness of monetary affairs in the colony, that not a single person has, as yet, petitioned under this act.
26th. The Trustees of Church property publish a statement of their accounts with regard to the erection of St. George' Church, by which it appears that a large sum, over and above the subscriptions collected, is required for the completion of the work.
charged on all new shares issued by the Company, not subscribed for before 1st December, 1843.
We believe that the object of this was to prevent new subscribers from having more than a due share in the advantages of the reserve Fund, which has been accumulating since the first establishment of the Bank. It would also seem by it that the Bank was not in want of additional capital.
20th. In the Council, the evidence taken on the subject of the disposal of Crown lands is ordered to be printed, and a committee is appointed to examine into such evidence and report upon it.
❈ The bill for the relief of Insolvent Debtors not in custody' passes the third reading. This bill was introduced with a view to protect the rights of creditors, and the property of debtors, from the injurious consequences of ill-advised and vexatious executions, and also to remove the inducement theretofore existing to some creditors to issue executions to the prejudice of the general body. Before this bill passed one creditor might seize the whole estate of a debtor, pay himself in full, and leave the rest of the creditors without a shilling, the debtor also being left without a chance of freeing himself from his liabilities. By this act the debtor is enabled to make an equal distribution of his property should he be inclined to do so, and he also gets his discharge by consent of his creditors. Some little objection was made to the bill that the declaration of insolvency was not compulsory, and that the act was inoperative except by the will of the debtor himself, but it was shown that this could only be obviated by the introduction of the Bankrupt laws, for which the colony was not yet fitted, and that to provide for the case of fraudulent debtors it would be necessary to enact a totally different law. It may be mentioned as one proof of the steadiness of monetary affairs in the colony, that not a single person has, as yet, petitioned under this act.
26th. The Trustees of Church property publish a statement of their accounts with regard to the erection of St. George' Church, by which it appears that a large sum, over and above the subscriptions collected, is required for the completion of the work.
November 1842
3rd. Establishment by proclamation of the tolls to be taken at the Perth Town Trust Jetty.
❈ Important debate in Council upon the second reading of a Bill "to extend the remedies of
creditors against the property of debtors."
The principle of the bill, as brought in by the government, was to enable the sheriff, under a writ of execution, to seize money, bank-notes, and negotiable securities for the benefit of the execution creditor. It was considered by some that the remedies of creditors should he extended yet further by giving the sheriff power to seize and sell equities of redemption under executions against parties beneficially entitled. A petition praying for the insertion of a clause to this effect signed chiefly by the merchants and traders of the town, of Perth, was presented by Mr. Leake, who, together with two other members of Council, supported the prayer of the petition. The clause was however rejected, and the bill subsequently passed in its original form, Mr. Leake entering a protest against it on the minutes.
10th. The bill to establish and regulate Courts of Requests passes the third reading.
By this act a Court of Requests is established in Perth, and provision is made for similar establishments in other places, as circumstances may require. Considering the constitution of the Civil Court, we do not ourselves see that there was any pressing necessity for this act, especially as the only court yet established under it is precisely where it is least wanted — viz., in Perth. It has, however, been favourably viewed by many who have peculiar opportunities of judging of its utility, and we can therefore only hope that it will be found to work well.
❈ The report of the committee appointed to examine into the evidence taken on the subject of the disposal of Crown lands, is brought up and adopted by the Council as a correct analysis of the evidence so taken.
This very able document is not expressive of the views of the committee, but is merely a digest, and a very accurate one, of the opinions of the several persons examined before the Council. The adoption of the report is followed by a notice by Mr. Nash that he should move a series of resolutions on the subject at the next meeting.
❈ An account of the new line of road, marked and cleared by Mr. Clifton, between Australind and Fremantle, is published by the government.
❈ The fixed revenue for the quarter ending 30th Sept. 1842, is declared at £2,203 17s. 10d.
15th. The local government issues a notice requiring sawyers and others felling timber on Crown lands to take out a license.
This has been done with a view to put a stop to the indiscriminate cutting down of timber which has been practised. Not more than three trees are to be felled at any one time, and the person licensed is to pay the sum of £1 monthly
❈ Important debate in Council upon the second reading of a Bill "to extend the remedies of
creditors against the property of debtors."
The principle of the bill, as brought in by the government, was to enable the sheriff, under a writ of execution, to seize money, bank-notes, and negotiable securities for the benefit of the execution creditor. It was considered by some that the remedies of creditors should he extended yet further by giving the sheriff power to seize and sell equities of redemption under executions against parties beneficially entitled. A petition praying for the insertion of a clause to this effect signed chiefly by the merchants and traders of the town, of Perth, was presented by Mr. Leake, who, together with two other members of Council, supported the prayer of the petition. The clause was however rejected, and the bill subsequently passed in its original form, Mr. Leake entering a protest against it on the minutes.
10th. The bill to establish and regulate Courts of Requests passes the third reading.
By this act a Court of Requests is established in Perth, and provision is made for similar establishments in other places, as circumstances may require. Considering the constitution of the Civil Court, we do not ourselves see that there was any pressing necessity for this act, especially as the only court yet established under it is precisely where it is least wanted — viz., in Perth. It has, however, been favourably viewed by many who have peculiar opportunities of judging of its utility, and we can therefore only hope that it will be found to work well.
❈ The report of the committee appointed to examine into the evidence taken on the subject of the disposal of Crown lands, is brought up and adopted by the Council as a correct analysis of the evidence so taken.
This very able document is not expressive of the views of the committee, but is merely a digest, and a very accurate one, of the opinions of the several persons examined before the Council. The adoption of the report is followed by a notice by Mr. Nash that he should move a series of resolutions on the subject at the next meeting.
❈ An account of the new line of road, marked and cleared by Mr. Clifton, between Australind and Fremantle, is published by the government.
❈ The fixed revenue for the quarter ending 30th Sept. 1842, is declared at £2,203 17s. 10d.
15th. The local government issues a notice requiring sawyers and others felling timber on Crown lands to take out a license.
This has been done with a view to put a stop to the indiscriminate cutting down of timber which has been practised. Not more than three trees are to be felled at any one time, and the person licensed is to pay the sum of £1 monthly
December 1842
1st. Important debate in the Legislative Council on Mr. Nash's resolutions relative to the price and method of disposal of Crown lands.
6th. Arrival of the Trusty at Australind, with 15 cabin passengers and 158 emigrants for
that settlement.
20th. Tenders for three months' supply of fresh meat to the troops in Perth are accepted by the Commissariat at 6d. per 1b.
❈ Attention is drawn to the opportunity afforded of exporting wethers to the Isle of France, and the "Trusty" is laid on for the purpose.
This project does not seem to have been so extensively encouraged as the loud outcry that has been made for an export would have led persons to imagine. There may be several reasons for this, to which we may find it convenient to refer when the actual number to be sent
is known.
28th. Public meeting of the inhabitants of Western Australia for the purpose of ascertaining the sense of the community at large on the subject of the disposal of Crown lands.
This meeting was very numerously attended, and several resolutions were passed expressive of the entire concurrence of the colonists at large with the resolutions passed by the Legislative Council. Petitions to Her Majesty and both Houses of Parliament were also unanimously agreed to, praying that land in Western Australia might be disposed of at a fixed price of 5s. per acre. The petition to the Queen has been forwarded through the Governor, while the other two have been forwarded to certain noblemen and gentlemen, together with letters requesting them to present the same. May the great exertions of the Council and of the colony in this respect be seconded by the favour of the powerful at home!
6th. Arrival of the Trusty at Australind, with 15 cabin passengers and 158 emigrants for
that settlement.
20th. Tenders for three months' supply of fresh meat to the troops in Perth are accepted by the Commissariat at 6d. per 1b.
❈ Attention is drawn to the opportunity afforded of exporting wethers to the Isle of France, and the "Trusty" is laid on for the purpose.
This project does not seem to have been so extensively encouraged as the loud outcry that has been made for an export would have led persons to imagine. There may be several reasons for this, to which we may find it convenient to refer when the actual number to be sent
is known.
28th. Public meeting of the inhabitants of Western Australia for the purpose of ascertaining the sense of the community at large on the subject of the disposal of Crown lands.
This meeting was very numerously attended, and several resolutions were passed expressive of the entire concurrence of the colonists at large with the resolutions passed by the Legislative Council. Petitions to Her Majesty and both Houses of Parliament were also unanimously agreed to, praying that land in Western Australia might be disposed of at a fixed price of 5s. per acre. The petition to the Queen has been forwarded through the Governor, while the other two have been forwarded to certain noblemen and gentlemen, together with letters requesting them to present the same. May the great exertions of the Council and of the colony in this respect be seconded by the favour of the powerful at home!
Sources:
- Chronological Register (1843, January 25). Inquirer (Perth, WA : 1840 - 1855), p. 2. Retrieved January 8, 2018, from
- Sketch in the town of Perth, Western Australia 1839; Artist: C. D. Wittenoom Esq. (1824-1866); Contributor: J. Henshall; Courtesy: State Library of Victoria
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