BATHURST TO DARLING. 227 Tbis appears to be a very necessary Eegulation, subject to the 1827: further arrangements and alterations, communicated in your prl' Dispatch No. 60, as well as the succeeding Eegulation with ^"Jfiln'd " Tegard to the mode of receiving offers for Sale, vizt. that Sealed Tenders should be received " from such persons only as had previously obtained the Governor's permission to purchase," which is calculated to facilitate the decision on the comparative merits of the Applications. Sixthly. " The Commissioners suggest that all those Settlers, Granteesnotto who have received a Grant of Land without purchase, should fromfurther not in future receive any additional Grant from Government »rants- except by Purchase." This restriction I see no occasion for imposing, for the reasons explained in another part of my Dispatch. Seventhly. The Surveyor General submits whether limited concessions Sales to-resident Settlers upon the condition of 3 years credit at purchasers" a fixed price of 5s. pr. Acre, and to new Settlers at a rent for the three first years previous to purchase, will be any material departure from the spirit of His Majesty's Instructions. Although this proposal with respect to the Settlers, who may wish to buy Land upon credit, is at variance both with the spirit and the letter of the Eegulations, alluded to, and must, there- . fore, be for the present refused, I am not prepared to say that it may not be judicious hereafter to alter them. The new Settler would scarcely, I should conceive, consent to pay Eent for Land, which he means ultimately to purchase, when, if it were to be granted to him, he would be free of Quit Eent for a certain number of years, and may purchase after all if he desire it. I see no objection, however, to allow a Settler, who intends ultimately to buy, to pay a Eent for the Land in the mean time, if he should prefer this course to the other; but, in that case, the Eent, with which he would be charged, should be fixed according to the actual value of the Land and with reference to its peculiar situation. Eighthly. The Surveyor General recommends that one Seventh clergy and of each Parish, as heretofore, may be reserved for the Church sch°o1 estate6' and School Estates, it not being possible within the range of the Settled Country to make the reserves as directed, vizt. in one continuous Tract. I see no objection to this proposal, which in some cases may be a more judicious arrangement for appropriating the Land destined for the support of the Ecclesiastical Establishments than the original plan; but I agree in opinion with the Land Board that, "where no local difficulties or other obstacles 228 HISTORICAL RECORDS OF AUSTRALIA. 1827. intervene to prevent it," and unless some good reason can be shewn 2 April. for the deviation, it would be advisable to adhere to the former Instructions. Valuation of Ninthly. The Surveyor General mentions a difficulty of fixing, lands in settled in accordance with the Instructions, an equitable average value districts. on the unappropriated Lands in the Settled Districts,, from the greater proportion of such Lands being of little or no value; and the Land Board suggest whether it might not be for the interest of the Settler that the Commissioners should be instructed to propose two or more average values of Land in those Parishes, where unusual irregularities of Soil prevail, and where local circumstances require such modification. I fully admit the propriety of two or more average rates being fixed for the reasons above stated. Nothing indeed could be more unfair than that those Settlers, who are located on the refuse Land of a Parish, should pay an average Eent on which the value of the good Land already settled is taken into the account. Minimum age Tenthly. The Land Board recommend that no Grant of Land for grantees. shall be made to any person, who has not arrived at a competent age to undertake its management, which they think ought to be limited to 18, if not to 21 years. A Eegulation to this effect is highly proper; and I am to desire that no Grants of Land be made in future to any Person under the Age of Twenty one. Government reserves to be Eleventhly. The Land Board recommend the giving up for thrown open. the use of the Settlers certain extensive Tracts of Land, hitherto retained by the Government in the vicinity of Bathurst, from that to Wellington Valley and to the West of Macquarie Eiver. To this proposal and to the further extension of the boundaries, as proposed to the Executive Council in your Minute of the 22nd of August, 1826 (inclosed in your dispatch No. 60), I see no objection; and I entirely agree with the Land Board that it would be more advisable to give the Settlers the benefit of these extensive tracts of Country, _ the occupation of which by the Government would be attended by a heavy expense without any Title deeds to commensurate advantage. issue on completion of Twelfthly. I have also to signify my acquiescence in the sug­ financial gestion of the Oommiss'rs that, whenever satisfactory proof shall obligations. be brought forward of the Expenditure by the Grantee of the sum, which he is required to lay out within seven years upon his land, at any period after twelve months from tbe entry to Possession, the Settler in such case shall have an immediate right; to receive his plenary Title Deeds to the Grant without being obliged to await the expiration of the term of Seven years. * BATHURST TO DARLING. 229 Thirteenthly. The Commissioners strongly recommend an 1827.. extension of the period for paying up the purchase Money on the 2 Aprl' Crown Lands. They mention three modes, by which payments Purchase of the price might be rendered easy to the Purchaser; but the paid by following appears to them to be the most simple and the best lnstalments- calculated to encourage the Settler, at the same time that it secures the Interests of the Crown, vizt. "That, instead of pay­ ing down the whole purchase price of Land within twelve months from the date of the Grant, it should be optional with the pur­ chaser only to pay down, at the period of purchase or within twelve months thereafter, one half of the purchase Money, upon which he should receive the Title Deeds of his Land, made out in the same forms and holding of the Crown in fee simple by the annual payment of a Pepper Corn as Quit Eent in the same manner as if he had paid down the whole purchase price at once on his lodging with the Publick Officer, appointed for that pur­ pose, a maiden Mortgage on the Land, so purchased, as a security to Government for the payment of the other half and bearing an annual interest of 5 per Cent, on the amount, such Mortgage to be at any time redeemable at the option of the Mortgagee by payment of the principal and Interest remaining due, and To be also transferable after 12 years in order to give Government the power to dispose of its interest in such Mortgage, if not redeemed within that period." An alteration of the original Instructions on this subject has repently been directed to be Carried into effect (vide my dispatch of. the 26 August, 1826), which is somewhat similar in principle to the plan here recommended. In addition to the allowance of 10 pr. Cent, discount on ready money payment, the purchaser is now permitted, after the first deposit of 10 per Cent, is paid down, to pay by Instalments at such intervals of time as may be agreed upon by the Governor. Bearing these Instructions in view, I see no objection to such further modifications, founded on the recommendation of the Land Board, as may appear to you desirable on this point. There is only one point remaining to be noticed, namely, the Collector of suggestion of the Land Board that a competent publick Officer to be appointed. should be appointed for the special purpose of collecting the Land Eevenue, a duty which it is stated has been hitherto performed by the Surveyor General in addition to his other occupations. Were the reasons, whieh are offered by the Land Board for relieving the Surveyor General from this duty, less conclusive than they are, I should conceive it quite necessary that such an appointment, as that which is now- recommended, should take place on the ground of Mr. Oxley's other duties being sufficiently extensive 230 HISTORICAL RECORDS OF AUSTRALIA. 1827. to occupy his undivided attention. I shall, therefore, take an 2 ApnL early opportunity of sending out to the Colony a proper person to superintend the collection of the Quit Eents and all other monies accruing to the Publick from this particular source of Eevenue. I have, &c, BATHURST. EARL BATHURST TO GOVERNOR DARLING. (Despatch marked "Private," per ship Manlius; acknowledged by Governor Darling, 2nd August, 1828.) My dear Sir, Downing Street, 2d April, 1827. Proposal to In addition to my Dispatch of this date on the subject of andgrantee?618 Lands, and with reference to that part of it which relates to the equal ni ail distinction, enforced by the present Instructions, between the respects. Grantee and the Purchaser, I think it necessary to advert to an opinion, which has been submitted to me, as to the expediency of doing away with all distinction whatever between the two parties, by placing them upon exactly the same footing both as to the quantity of Land, Which they shall be allowed to obtain, and as to the value of the payments, which, whether in the shape of a Quit Eent or of a purchase price, they shall be called upon to make.