# Handbook of Western Australia/Part 5

ROE'S ROCK, FITZGERALD RIVER
PART V.
DIVISIONS OF THE COLONY—REPRESENTATION—GENERAL AND LOCAL SCHOOLS—LAW—POLICE—MEDICAL—MILITARY—ECCLESIASTICAL—LAND.
Divisions.—In pursuance of the instructions originally given to the Surveyor General, the South-Western portion of the Colony was, for administrative purposes, divided into counties or districts, the limits of which were never accurately defined, hut the names of which are still in use. Commencing from the North of the Moore River, there are
    Melbourne, Glenelg, Grey, Carnarvon,
    Twiss, Victoria, Durham, Lansdown,
    Perth, York, Howick, Beaufort,
    Wellington, Wicklow, Peel,
    Sussex, Nelson, Goderich, Hay,
    Lanark, Stirling, Plantagenet, Kent.
​The Wellington district extends from Peel inlet to the Vasse. Sussex occupies the country between Geographe and Flinder's Bays, and Plantagenet that to the South of the Stirling range, the valleys of the Hay and Kalgan Rivers, and on the coast from Wilson's inlet, including King George's Sound, to Port Twopeople. Kent extends eastward to Doubtful Island Bay.
There are reserves for town sites in all the principal centres of population, except the Greenough, some of which contain, however, only a few houses. In 1876 there were 8 only with more than 50 houses, viz.:—
| Perth | Houses | 801 | Population | 4606 |
| Fremantle | " | 588 | " | 3303 |
| Albany | " | 247 | " | 840 |
| York | " | 139 | " | 820 |
| Guildford | " | 106 | " | 518 |
| Geraldton | " | 86 | " | 748 |
| Newcastle | " | 57 | " | 215 |
| Vasse | " | 51 | " | 219 |
Of these, Perth, the Capital and seat of Government, is the centre of trade for the Avon Valley and the Eastern Districts, the roads from which diverge at Guildford. Fremantle is the principal port of entry for the greater part of the trade of the Colony, although that for the North is gradually being transferred to Geraldton in Champion Bay. The population of Geraldton is rapidly increasing, in anticipation of the opening of the railroad from thence to Northampton. The Vasse is the outlet for the large surrounding agricultural and pastoral district as well as for the timber trade; it was formerly a favorite station for the deep sea whalers. Albany, the best port now in use in the Colony, is not only the centre of the trade and ​commerce of the South, but the port of call for the mail steamers, for which there is a coal dépôt there. It is also a station for the whale fishery. These, therefore, represent the commercial divisions of the Colony.
Representation.—The Ordinance (No. 13) to provide for the establishment of a Legislative Council, issued 1st June, 1870, divided the Colony into ten electoral districts, viz., Perth, Fremantle, Geraldton, York, Toodyay, Swan, Greenough, Wellington, Vasse, Albany, to which were added subsequently Williams River and the North, each of which return one member, excepting Perth and Fremantle, which return two each.
The qualification for members of the Legislative Council, under 5 and 6 Vict., c. 76, s. 8, was to be a natural born or naturalized subject of the Crown, and seised in lands and tenements in Western Australia of the yearly value of £100, or of the value of £2000; but this was reduced by the Amendment Act of 1871 to an estate of the value of £1000 or of £50 annually.
The qualification for electors (13 and 14 Vict., c. 59, B. 4,):—To be a natural born or naturalized subject of the Crown or legally made denizen of Western Australia having a freehold estate of £100 value, or to be a householder occupying a dwelling house of the annual value of £10, or to hold a license to depasture lands within the district for which his vote is to be given, or a leasehold estate value £10 per annum, provided that there has been six months occupancy, and that all rates and taxes have been duly paid.
The Municipal Institutions' Act of 1871 was amended by that passed in 1876, by which all persons seised or in occupation of land, house, or tenement, within the limits of any municipality, have the right of voting for ​the Council, provided that they have paid all municipal rates and assessments, and have not received public relief during the year. Property rated below £25 qualifies for one vote, under £30 for 2, under £75 for 3, and above that amount for 4. All persons qualified as voters are also qualified as Councillors, but the Chairman must have the qualification to serve on the Grand Jury required by the Jury Act of 1871. Uncertificated and undischarged bankrupts or persons holding office of profit under or having interest in any contract with the Council, are excluded.
The Municipal Councils have power over roads, drains, wharves, public buildings, pounds, boundaries, fences, as well as over all sanitary regulations, whether for food or otherwise, and to appoint Inspectors, make rates, and borrow money for such purposes.
There are Municipalities at Albany, Bunbury, Busselton, Fremantle, Geraldton, Guildford, Newcastle, Perth, and York.
By the District Roads Act, 1871, amended in 1876, voters for members of Roads Boards must be seised as in occupation of rateable property within the district to the value of £5, 1 vote for under £10, 2 for under £25, 3 for under £50, and 4 for £50 and upwards. These Boards have not only the care of repairing and making roads and raising money for those purposes, but also {Act No. 12, 1875) of "making regulations directing the manner in which the leading horses in teams shall be driven or yoked."
Schools.—Schools, assisted by Government, were established in Perth and Fremantle in 1833, but the first systematic attempt to organise public schools was made in 1847, when the Governor issued a commission ​to the Rev. J. B. Wittenoom, with Messrs R. W. Nash, G. F. Stone, and F. Lochée, to form themselves into a committee to consider the subject. On their recommendation two committees were appointed, one of ladies, the other of gentlemen, to superintend, respectively, the girls' and boys' schools at Perth. Subsequently, in 1856, a general Board of Education was appointed by the same authority. The Colonial Secretary was the chairman, and the other four members the Lord Bishop of Perth, the Roman Catholic Bishop residing in Perth, and the ministers of the Wesleyan and Congregational communions. The Roman Catholic Bishop however refused to act. The Board had a paid Secretary. Local Boards were also appointed to act, under instructions from the General Board, in the different districts of the Colony. The system of instruction in its main features corresponded with that of Ireland. In the first year there were 11 schools only, with 429 scholars attending. In 1870, there were 55 schools and 2188 scholars.
In 1871 the Elementary Act, still in force, was passed by the Legislative Council, and £6,181 were placed on the estimates for educational purposes. By this Act the constitution of the Central Board was altered. The Colonial Secretary still remained the chairman, but the other four members were to be laymen, appointed by the Governor for three years, no two of whom might be of the same religious denomination.
The principal provisions of this Act are that the Central Board shall exercise general supervision over all schools receiving Government aid, but in secular instruction only, with a more special direction over purely Government schools; appoint and instruct an Inspector of Schools; make by-laws and regulations; ​apportion and distribute funds; communicate with local Boards; confirm the appointment or dismissal of teachers; regulate their salaries and the fees to be paid by pupils, with power to grant exemption to such as were unable to pay such fees; and superintend the establishment of new schools, district boards, and regulate endowments.
The local boards are elected by the inhabitants of the different districts, and consist of five members, holding office, like those of the Central Board, for three years, and exercising the same authority; they are however subject to its control.
The schools consist of two classes, general and assisted. In the former the instruction given is purely secular, and occupies four hours in the day; one hour being allowed, in addition, for such religious instruction as may be given by the religious body to which the children respectively may belong,—but no catechism, or distinctive religious formulary may be used by the teacher of the school, nor may the Inspector inquire into the proficiency of any scholar in religious knowledge.
Schools founded by voluntary efforts may be assisted by Government aid to the amount of the income derived from fees, or other contributions, but only such as have 30 scholars. No grant-in-aid for building purposes may be made to such schools.
All children between the ages of 6 and 14 years are required to attend Government schools, unless residing beyond the distance of three miles from any school, or receiving efficient instruction elsewhere. District Boards are empowered to make by-laws for enforcing compulsory attendance. The amount of the instruction ​given in the Government schools may be estimated from the highest standard (No. 7)—,viz.:—
1. Beading—To read with fluency, ease, and expression, an ordinary book, or passage from a newspaper, prose, or poetry.
2. Writing—Mercantile writing, to write on paper, from dictation, any ordinary passage, or to make an abstract from memory.
3. Arithmetic—Compound proportion, interest, decimal fractions, and the higher rules of arithmetic.
4. Geography—That of the world generally.
5. Grammar—Syntax, prefixes, and affixes, and the analysis of a simple sentence.
From this it will appear that the instruction given in the Government Schools is, in secular matters, sufficient for the ordinary demands of colonial life. There are now more than 60 schools scattered over the Colony and accessible to most of the population; there are also 21 Assisted Schools, 18 of the Church of Rome and three of the Church of England. Many efforts have been made from time to time to establish schools of a higher class, but never successfully. In 1863 the Bishop of Perth, by the aid of the Society for the promoting of Christian Knowledge, and local contributions, established a Grammar School at Perth, known as the Bishop's School, at which some of the leading men at present in the Colony were educated; it ultimately, however, failed to receive sufficient support, and has been continued as a private school until now; but in 1876 a bill was passed, and a grant made by the Legislative Council, for the establishment of a High School; and, under the provisions of this Act, a Council was appointed to organize and arrange it, and it was opened on 1st March, 1876.
​This school has been established for the purpose of giving to boys an education similar to that given in the grammar and advanced schools in the other Australasian Colonies. The instruction given in the school is entirely secular, but the house masters pay special attention to the religious and moral training of the boys committed to their care. For the purposes of the school, the year is divided into terms, as follows:—From 20th January to 20th April, from 10th May to 10th August, from 20th September to 20th December. The holidays are:—From 20th April to 20th May, from 10th August to 20th September, from 20th December to 20th January. The school fees {payable. in advance) are:—For boys under twelve years of age, £3 per term; for boys over twelve years of age, £A. per term; drawing, if required, £ Is. per term. This is, of course, exclusive of books and stationery. A discount of 10 per cent, is allowed when more than one boy comes from the same family. Headmaster, Mr. Richard Davies, B.A., of Corpus Christi College, Cambridge; Assistant Master, Mr. E. W. Haynes, of Queen's University, Ireland. Boarders are received by the masters at the school house, and by the Rev. F. Coghlan. Terms, including school fees:—For boys under 12 years of age, £50 a year; for boys over 12 years of age, £60 a year.
Law.—The judicial system of West Australia consists of a Supreme Court, presided over by a Chief Justice, and of Courts of Quarter and Petty Sessions, which are presided over by Justices as in England. The Magistrates are appointed for die Colony and not for particular districts; but the country is divided into districts, each of which has a paid Justice, styled the Resident Magistrate, who is a Justice of the Peace and has power to sit alone in all cases; while in all but very minor cases, ​two Justices are required to form a Court. The Courts of Petty Session exercise Summary jurisdiction in minor offences, and, under 12th Vict. No. 18, have power to try in a summary manner aboriginal natives, and to punish them with not more than three years' imprisonment for any offence save murder, assault with intent to do bodily harm, arson, or rape. They have also a similar jurisdiction over convicts at large on tickets-of-leave in all indictable cases not punishable with death (16th Vic. No. 18, Sec. 2, 3, 4). Offences not punishable summarily are heard by Justices ministerially, and offenders committed for trial as in England, either in the Supreme Court, or, if within the jurisdiction of a Local Court of General or Quarter Sessions, at such Sessions.
The Ordinance 12 Vict. No. 2, making perpetual 9 Vict. No. 4, gives power to the Governor to establish Courts of General or Quarter Sessions in such districts as he may see fit. In pursuance of which Act, such courts have been established at Albany, Geraldton, and Roebourne, of which the Resident Magistrate is the chairman. These have power lo try any offence committed within certain limits not punishable with death; cases 80 punishable being committed for trial at the Supreme Court, and, if so committed, the matters are brought before the Attorney General, who, by 18 Vict., No. 5, has vested in him the powers of a Grand Jury; and if he, in the exercise of his discretion, decides to prosecute an offender, by the 21st section of the Supreme Court Ordinance, 20 Vict, No. 15, he is prosecuted by information at the suit of the Attorney General.
At Courts of Quarter Sessions the chairman examines witnesses and otherwise conducts the prosecution, and sums up the evidence for the jury. The jury, in both Courts consists of twelve, summoned and selected under ​the provisions of the Jury Act (1871). Prisoners may defend themselves or be defended by counsel, and any one admitted as a practitioner in the Supreme Court may practise either as Counsel or Attorney.
With respect to civil cases there is, in the district of each Resident Magistrate, a Local Court or Courts constituted under 27th Vict., No. 21, after the model of the English County Courts. In these the Resident Magistrate presides, with such other Justices of the Peace as may attend. The practice, procedure, and jurisdiction of these Courts are the same as of English County Courts as originally constituted.
The Supreme Court has also Civil Jurisdiction both at Common Law and in Equity, all actions being triable there with or without a jury, at the option of the parties. The Supreme Court is also a Court of Vice-Admiralty, of Probate and Divorce, and of Bankruptcy.
The Supreme Court has its regular staff of officers, besides the Chief Justice and the Attorney General. These are the Crown Solicitor, Registrar, Master, Bankruptcy Officer, Sheriff, Bailiff, &c.
Thus it appears that the entire judicial system of the Colony is based on that of England.
The three Resident Magistrates at Geraldton, Albany, and Roebourne have the titles and precedence of Government Residents, and there are also Resident Magistrates at Bunbury, Busselton, Fremantle, Greenough, Murray, Newcastle, Swan, Williams, and York. There is a Police Magistrate at Perth, who holds a weekly Court at Guildford.
Police.—The Police Force is commanded by a Superintendent, and consists of 20 officers, and 137 mounted and foot constables, of whom 40 are aboriginals.
​Head quarters are at Perth, and the more important stations are at Albany, Bunbury, Dongarra, Fremantle, Geraldton, Guildford, Kojonup, Newcastle, Roebourne, Williams and York.
A body of Water Police has stations at Fremantle, Albany, Champion Bay, Bunbury, Vasse, and the Lacepede Islands.
Under this head may be noticed the existence of a small schooner, which, on the part of the Government, overlooks the pearl fishing fleet. Her commander is in the Commission of the Peace.
Besides the Gaol for convict prisoners on the Imperial Establishment there are Gaols at Perth, Fremantle, Albany, and Geraldton, and an establishment for native convicts at Rottnest.
Medical.—From the sparseness of the population of the Colony it has been necessary that the Government should assist in providing medical attendance throughout its several districts. The introduction of convicts and establishment of local depots made this a part of the system. Medical men were therefore established in all the more important centres of population, besides the Medical Officer resident in the convict prison at Fremantle.
There are now hospitals at Albany, Bunbury, York, Toodyay, Champion Bay, Guildford, Perth, and Vasse, besides a Lunatic Asylum at Fremantle. The Medical establishment of the Colony is under the superintendence of the Colonial Surgeon residing at Perth, and there are Medical Officers at Albany, Bunbury, Fremantle, Geraldton (Champion Bay), Greenough, Pinjarrah, Roebourne, Toodyay, York, and Williams.
Military.—There is a force of Enrolled Pensioners constituted in all respects as regular soldiers, quartered ​in barracks at Perth and Fremanlle, consisting of 230 Non-Commissioned Officers and men. These are commanded by a Field Officer on the Staff, having command also of whatever troops there may be in the Colony, and two other Staff Officers; there is a Surgeon-Major in charge of the Hospitals, and a Deputy Commissary in charge of stores. There are attached to this force two twelve-pound breech-loading Armstrong guns, two six-pound muzzle-loading field pieces, and two twelve-pound Howitzers. The men are armed with Schneider breech-loading rifles. There are also some 30 Enrolled Pensioners distributed at Geraldton, Greenough, York, Northam, Kojonup, Guildford, and Albany.
| Date of Formation of Corps. | Description of Corps. | Captains. | Subinterns. | Non-Commissioned Officers and men. | No. of horses. |
| June, 1872 | Western Australian Troop of Volunteer Horse Artillery | 1 | 1 | 30 | 32 |
| Oct., 1862 | Pinjarrah Mounted Volunteers | 1 | 2 | 30 | 31 |
| June, 1877 | Wellington do. do. | 1 | 2 | 57 | |
| June, 1872 | Metropolitan Rifle Volunteers | 1 | 3 | 128 | |
| Oct., — | Fremantle do. do. | 1 | 2 | 99 | |
| Nov., 1874 | Guildford do. do. | 0 | 1 | 61 | |
| Oct., 1876 | Geraldton do. do | 1 | 2 | 61 | |
| | Total | 6 | 13 | 464 | 68 |
The Troop of Artillery has the use of two twelvepound breech-loading Armstrong guns belonging to the Pensioner Force, but the guns are harnessed and horsed at the expense of the Colony.
Every Volunteer, whether officer or private, who shall have served continuously for a period of five years, and qualified under the regulations, has claim to a grant of 50 acres of land, to be assigned by occupation​certificate, exchangeable, at any time within three years after date, for grants in fee simple, on proof that improvements have been made to the value of £35. The present qoalification is to have attended at least the Infantry 13 parade diills and the Cavalry 8 parade drills; and, should a camp of instruction be formed, at least three days' field service in each year; to have at all times held one's self ready for duty and obtained a certificate of good conduct and efficiency. This force is reported as efficient.
Pensioners also may have lots of 30 acres assigned in the same manner exchangeable for grants in fee simple, after three years, on proof of good conduct, good service in the Force, and such improvements on the land as the Governor may from time to time specify to be necessary and publish in the Government Gazette.
ECCLESIASTICAL.
The religious establishments in Western Australia, being now independent of the Government, require separate consideration. The information which is given respecting them is derived from the heads of the different churches.
The Government has from the first contributed both in money and land to the Ecclesiastical Institutions of the Colony, and to the schools and charities connected with them. The Church of England was, until 1871, in connection with, and its ministers were chaplains under, the Government, as were also some of those of the Roman Catholic Church.
The amount expended by the Government for Ecclesiastical purposes, was in 1870 £3,540, and in ​1876 £3,464. By the last Census, taken in 1870, there were 14,619 persons of the Church of England; 7,118 Roman Catholics; 1,374 Wesleyans; 882 Independents; 583 other Protestants; and 309 Jews. By the returns of marriages given below it would appear that the relative proportions have altered:—
| Marriages | 1869 | 1876. |
| Church of England … | 64 | 74 |
| Roman Catholics … | 49 | 36 |
| Wesleyans … | 22 | 41 |
| Independents … | 31 | 32 |
From the following accounts of the different establishments it will appear that the offices of religion and ministration of the Clergy are more generally accessible throughout the Colony than from its scattered population might be anticipated.
The Church of England.—The ministerial staff of the Anglican Church in this Colony consists, at the present time, of a Bishop, Dean, Archdeacon, and 18 licensed Clergymen in Priest's Orders. A layman awaits ordination prior to his taking charge of a district, and there are also two theological studentships founded by the Society for Promoting Christian Knowledge to further the training in the Colony of candidates for Holy Orders. There are 16 Parochial Districts, and two about to be formed. The financial affairs of the Church are under the control of an Incorporated Body, called the Standing Committee, which consists of the Bishop, three clerical and four lay members; all, with the exception of the Bishop, elected by the Synod at its annual session. The Synod is composed of all the licensed Clergy of the Diocese and of two lay representatives from each Parish. The Bishop is President, and has the power, never probably to be exercised, of putting a veto upon any Bill introduced for enactment.
​There are 33 consecrated churches, and 25 schoolrooms and private houses in which Divine Service is celebrated. There are 12 parsonages, and the Bishop's House. The ecclesiastical edifices, while they display for the most part (as must be the case in the early days of every struggling Colony) a great absence of resources both in money and art, are sufficiently numerous and substantial to show the earnestness and zeal of the church people in securing the ministrations of religion.
A brief sketch of the history of the Church in this Colony may be interesting. The first clergyman officially connected with the Colony was the Rev. John Burdett Wittenoom, M.A., of Brasenose College, Oxon, who came here shortly after the Colony was founded, and held the Colonial Chaplaincy in Perth until his death at the close of 1854. Upon the constitution of the See of Adelaide, Western Australia was attached to that diocese, and formed a separate Archdeaconry, to which the Rev. John R. Wollaston, M.A., Christ College, Cambridge, was appointed. By the aid of the Society for the Propagation of the Gospel and of the Colonial Church and School Society, as the latter was then called, supplemented by the Local Government, the number of the clergy was increased. Some of those whose services were thus engaged had received ordination at home, while two of the early settlers in the Colony received ordination from Bishop Short. The introduction of convicts in 1850 made the country settlers anxious to obtain more efficient spiritual oversight, and in answer to their appeal the Imperial Government, in 1852, sent out three Chaplains, one to Fremantle, one to York, and the other to Bunbury. From that date, the Imperial Government for many years made all appointments to ​the Chaplaincies, the Colonial Government co-operating in its provision of (one half of) the stipend. In 1857, the See of Perth was constituted, and Dr. Mathew Blagden Hale, a graduate of Trinity College, Cambridge, who had been for several years Archdeacon of Adelaide, was appointed to the Bishopric. Dr. Hale arrived here as Bishop in 1858; but some months before his arrival Archdeacon Wollaston had entered into his rest. A long official journey undertaken in the heat of summer was followed by a brief illness, and his death. He is a man to be had in remembrance for his patient untiring zeal, and for the great simplicity and unselfishness of his character. Bishop Hale's episcopate lasted from 1857 to 1875. During it the Church of England here passed through many stages of progress. The vacant Archdeaconcy was filled up, a Dean appointed, and a site purchased for the Bishop's residence, which was subsequently erected in a great measure at the Bishop's cost, with lodgings for the Clergy in proximity to it. A little later, new chaplaincies were formed, a second Archdeaconry (now for some years in abeyance) founded at the North.; various Churches and Parsonages erected, and Synodical action established.
A great effort was made, supported by the munificence of the Society for Promoting Christian Knowledge, to establish a good Collegiate School, after the model, on a smaller scale, of St Peter's School in Adelaide. Local contributions to the amount of £550 met the Society's grant of £1100, and after the opening of the school many endeavors were made to release it from accumulating debt, and to render it self-supporting. Unhappily, a few were left to struggle against the difficulties that the interest of the many would have surmounted, and the school was closed and the premises ​let to a gentleman keeping a private school, some years before Bishop Hale's resignation of the See.
The Native Mission, removed from Albany to Perth, was taken up by the Bishop at the request of the leading Church people of the Diocese, and placed under his sole charge. The present Mission House was built, and the boys and girls as they reached adult age sent to the more advanced institution at Poonindie, South Australia.
During Bishop Hale's episcopate, a change, slow in its operation, but most serious in its character, was made in the relation hitherto existing between the Church and the Colonial Government. In passing the Public Estimates through the Legislative Council, for 1872, the Ecclesiastical staff of the Church of England was removed from the Fixed Establishments, and the amount voted for Church purposes placed, with the grants for the Roman Catholic and Nonconformist Communions, under the general heading of "Ecclesiastical." The change seemed one of words, and excited little interest, but it involved the question of "Church and State," and within a day or two the Legislative Council passed a resolution affirming that this change in the Estimates was not to act prejudicially to the interest of existing Chaplains. One effect of this change was to rouse Churchmen to see clearly that when the vested interest of the Chaplains then in office shall have expired, the Church must find internal means of pecuniary support. To this awakening the institution of a Sustentation and Endowment Fund in the latter part of Bishop Hide's episcopate is due. The Society for Promoting Christian Knowledge and that for the Propagation of the Gospel agreed generously to contribute £200 each, annually, for a fixed period, to meet an annual contribution in the Colony of three times the amount.
​Upon Bishop Hale's translation to Brisbane, Dr. Henry H. Parry, a graduate of Balliol College, Oxon, for several years coadjutor Bishop of Barbadoes, was appointed to the See of Perth. During the short period of his administration, the affairs of the Church have received a great impulse. The Clergy have been considerably increased in number; grants have been made by the Parent Church Societies at home to meet our necessities, and a foundation laid by the generosity of the Society for Promoting Christian Knowledge towards the training of a native Ministry. The Church serving as a Cathedral is now condemned as unworthy of the noble purposes which a Cathedral is designed to discharge, and the erection of a handsome Parish Church, a more suitsble and the only available representative of what we want, has been resolved upon. Towards its erection between £5000 and £6000 have been raised, (part of it conditionally) in the Colony, while the Society for Promoting Christian Knowledge has given £500 to this object. The erection of the material edifice will be accompanied by measures for establishing a small staff of Clergy in the capital, who shall personally carry out to the outlying districts fer and near the evidence of that central power and energy which the Mother Church is designed more silently to express.
In the furtherance of religious education, the disused Collegiate School-house is to be opened as a boarding house for the children of churchmen, feeding a secular High School established by the Government, while it honors and cherishes the first principles of our faith.
A scheme is also maturing by the Bishop for a dutiful, voluntary taxation of all classes of adult church-people in all parts of the diocese. Diligent ​inquiries have also been set on foot as to the best method of teaching the native and half-caste population, so as to christianize and civilize them.
This sketch may suffice to show that, with grounds of humiliation within her communion, and with discouragements from without, God has hitherto helped her on her way,
Roman Catholic Church.—In the year 1843, on the petition of the few Roman Catholics residing in the Colony, Dr. Folding, Archbishop of Sydney, sent the Rev. J. Brady as his Vicar General, accompanied by the Rev. J. Joosteens. A grant of land having been obtained from the Government, the building of a church was commenced.
The Rev. J. Brady then proceeded to Rome, and on his giving an account of the new mission, the Congregation de Propaganda Fide recommended its erection into a new Diocese; and accordingly he was consecrated the first Bishop of Perth in May 1845. Desirous not only to supply the religious wants of the European population, but to civilize and christianize the Aborigines, he secured the assistance of Don Joseph Serra and Don Rosendo Salvado; also of some other religious persons from France, and some catechists, and nuns of the Institute of our Lady of Mercy for the education of children and the visitation of the sick. With those the Bishop arrived at Fremantle in January 184ft, when schools for boys, girls, and infants were commenced by the good ladies the Sisters of Mercy, who gained the sympathy of many parents of other religious denominations, who gladly availed themselves of their services for the education of their children.
The Bishop distributed his clergy in four divisions; the first to King George's Sound; the second to Port ​Essington on the North coast, without the limits of the Colony; those two missions failed within two years; the third, composed of the two Benedictine Monks Don J. Sena and Don R. Salvado, with some catechists, went to the North via Toodyay, in search of a site for their mission, which, guided by some aborigines they fixed on a pool of the river Maura about 80 miles from Perth, to which they gave the name of New Norcia. The principal object of this mission was to civilize and christianize the natives; so, following the example of St. Benedict, the two monks, aided by some natives, began to clear and cultivate some 50 acres of land granted them by the Colonial Government, and thus laid the foundation of "The Great Benedictine Mission," dedicated to the civilization and christianization of the aborigines.
The mission at Perth meanwhile progressed gradually. A convent for the Sisters of Mercy, school rooms, and residence for some native girls and for boarders were built. A house in Fremantle was bought and converted into a little convent, and a room set apart for a chapel, which was served on Sundays by a priest from Perth.
In 1848 the Bishop sent the Rev. J. Serra, his Vicar General, to Europe, to solicit alms and procure more missionaries for New Norcia; and 1,250 acres of land adjoining the mission were purchased with the collections made by him, and sheep and cattle for the support of the mission were pastured there. Father Serra was consecrated Bishop Coadjutor to Dr. Brady, and returned with large sums of money, and with missionaries in the ship of war "Ferrolana," which the Spanish Government had commissioned for that purpose, arriving in Fremantle in December 1849. This personal and material reinforcement gave new impulse to the missions. Chapels ​and schools were enlarged in Perth and Fremantle, and schools were established in York, Toodyay, and subsequently in other places. In 1849 Dr. Brady sent Don R. Salvado to Europe, who took with him two christian native boys; he also collected large sums of money, and a number of missionaries versed in agriculture and various trades, and having been consecrated Bishop of Port Essington or Victoria, returned to Perth in 1853, and went with his party to New Norcia.
In 1852 Bishop Brady retired to Ireland, and in 1853 Bishop Serra again visited Europe, and brought back with him in 1855 more missionaries, and four Sisters of St. Joseph from France, whom he placed in the convent at Fremantle. Until this time there were no resident priests out of Perth and Fremantle, but now the establishment of clergy, building of chapels, schools, &c., commenced in different districts on the grants of land made by the Government for that purpose. In 1856, availing himself of the lay brothers trained in building, carpentry, &c.. Bishop Serra commenced the Presbytery at Fremantle, and the Episcopal residence in Perth, which was finished in 1859; the churches at Bunbury, Dardanup, and Toodyay, and the monastery at Subiaco, near Perth, were also built at that time, and the mission at New Norcia enlarged. In 1860 that mission was separated from the jurisdiction of the Bishop of Perth, of which we will speak again below.
In 1859 Bishop Serra left the Colony, and the Rev. Martin Griver became Administrator Apostolic of the Diocese. In 1860 the churches of Fremantle, Guildford, and York were commenced, and the first stone of the Cathedral at Perth was laid in 1863, funds having been provided by the councils of the Propagation of the Faith, and private gifts aided by the Imperial and Colonial ​Governments; it was opened on 29th January, 1865; it had cost £3,975 exclusive of the altar, church articles, and furniture.
In 1870 a building having been erected at New Norcia, and a matron appointed, the native girls were removed from Perth to the mission. The experience of more than twenty years had shown the capability of the natives for receiving instruction. "At the annual examinations, some of the native girls exhibited as much proficiency both in religious and secular knowledge as some of the most advanced town children." But after some years five or six died, and others having married young men educated at the mission, the removal of the girls there was determined upon.
The Sisters of Mercy and of St. Joseph had from the first taken charge of some few destitute children. It was now proposed that those of their faith should be taken from the Poor House, and placed under their charge, the Government paying for their maintenance what they would have cost in the Poor House; and to this, in 1868, Governor Hampton consented. This was the commencement of the Orphanage; the girls were taken to the convent, and the boys to the old monastery at Subiaco. In these they are trained for service, and with such happy results that the demand from settlers of all denominations is greatly in excess of the supply. As the Government allowance is only eightpence a head per diem, these orphanages have to depend greatly upon charitable contributions.
The Very Rev. Martin Griver, Apostolic Administrator of Perth, was consecrated Bishop of Tloa, in partibus, in 1869, and on the death of Dr. Brady succeeded to the See of Perth, which Diocese is ​co-extensive with the Colony. The distribution of churches and clergy in the Colony is at present (1877):
    The Cathedral Church, Perth, the Right Rev. Dr. Griver, Bishop. The Very Rev. M. Gibney, Vicar General.
    St. Patrick's Church, Fremantle, Rev. J. O'Reily and Rev. B. Delaney.
    Guildford, Rev. J. Dooley.
    York, (not finished) Rev. P. J. Gibney.
    Newcastle, Rev. Canon Martelli.
    Northam, (not finished) do. (monthly)
    Irishtown, do. do.
    Bunbury, Rev. H. Brady.
    Dardanup, do. (periodically)
    Vasse, do. do.
    Geraldton, Very Rev. Archd. Lecaille.
    Northampton, do. (periodically)
    Greenough, do. do.
    Albany, (not finished) Rev. F. Mateu, who also visits Kojonup.
The settlements in the Melbourne District, Victoria Plains, subject to the jurisdiction of the Bishop of Perth, are visited by the priests from the Benedictine Mission of New Norcia, and sometimes by the priests of the Diocese.
The religious orders are:— {{hi|The Sisters of Mercy in Perth (13) have various schools, attended by 350 children. Three members of their order have also the charge of a boys' orphanage at Subiaco, three miles to the west of Perth, 47 boys; eightpence a day is paid by Government towards those whose admission it authorizes; they have also a branch house ​and school at York, 60 miles to the east of Perth. }}
Untoward circumstances had nearly brought the mission work at New Norcia to a standstill, until the return of Bishop Salvado in 1853. In that year he built a chapel 40 feet by 17; three cottages for native families 24 feet by 15; a workshop; 50 acres of land was cleared, and 2,600 sheep placed on the run.
In 1854 a stone building was erected for a granary and cornmill.
In 1871 a cruciform chapel, 102 feet long by 20 wide; a pro-monastery 120 feet by 20, 3 stories high; two wooden dwelling houses 100 feet by 18 for native boys and girls; seven stone and brick cottages 30 feet by 17 with two rooms each, for married natives; work shops, and out-houses, and a stone cottage for the police, were built, with a barn and stable 100 feet by 20; 300 acres of land had been cleared, 200 of which were under cultivation, yielding 3,000 bushels of wheat and barley, and 15 tons of hay; 3 acres were planted with vines, from which 200 gallons of good wine was made; there was a large and productive garden, and about 1 ton of tobacco was produced. The number of aborigines was 50.
​The Community of New Norcia Mission, West Australia, September, 1877, consisted of:—
| Benedictine Brothers: | Spaniards … | 64 |
| Benedictine Brothers: | Italians … | 3 |
| | | | 67 |
| Married civilized aboriginals | Married civilized aboriginals | 34 |
| Their children | | 14 |
| Native boys | | 14 |
| Native girls | | 16 |
| | | | 78 |
| European servants, shepherds, sawyers, splitters, brickmakers, &c. | European servants, shepherds, sawyers, splitters, brickmakers, &c. | 30 |
| | | | 30 |
| Total … | | | 175 |
Wesleyans.—The Wesleyan communion in Western Australia had its commencement from the arrival of the barque "Tranby," which arrived in Gage's Roads on the 3rd February, 1830, with members of the families of Hardeys of Barrow, in Lincolnshire, and the Clarksons of Holme House, in the East Riding of Yorkshire, who brought with them servants and farm laborers, and farming stock and implements. Other immigrants accompanied them. The Peninsula farm was at that time a Government reserve; but Governor Stirling, desiring to have a number of practical farmers located near the capital, made a grant of the reserve to the passengers of the "Tranby," to be divided among themselves in due proportions. Of this the Hardeys and Clarksons had the largest share, being allowed to claim on account of those whose passage they had paid for. A committee was appointed, and under its direction the land was surveyed by Mr. G. Johnson and allotted.
​The late Mr. Joseph Hardey was an accredited local preacher of the Wesleyan denomination in England, and on his arrival conducted the first Wesleyan service held in the Colony, at Fremantle. At the Peninsula a regular Sabbath service was maintained; Perth and Guildford were occasionally visited. Mr. Hardey conducted the first public Wesleyan service in Perth, in the open air under a mahogany tree. The father of Messrs. Clarkson, also a local preacher, came out about two years after them, and at that time a regular prayer meeting was established in Perth. Subsequently a room was erected and set apart for religious services, and to be used as a Sunday school, Mr. J. Inkpen having given a portion of his allotment for the purpose; and this formed the nucleus of the present Wesleyan trust property in Perth. On application being made to the Wesleyan Missionary Society, the Rev. John Smithies was sent out, who arrived in 1840. In 1841 another chapel was erected, and the first was then occupied as a schoolroom. A chapel had also been built at Fremantle—there was also a congregation assembling at York—the Sunday schools at Perth and Fremantle were flourishing. In 1852 Mr. Smithies was succeeded by the Rev. W. Lowe.
The present Wesley Church, Perth, was built in 1869-70, at a cost of over £5,000, including the organ. In York, Geraldton, and Albany, ministers are now stationed and chapels built; Perth and York have each a manse, and one is soon to be erected at Albany.
The statistics of the Wesleyan community, according to returns for 1877, are:—Ministers 4; local preachers, 5; churches and chapels, 10; manses, 2; sabbath schools, 8; scholars, 625; teachers, 69.
​The church members and communicants are in number 147, but the total number of attendants is estimated at 1,870.
The cost of church property held by the Wesleyan body in the Colony is estimated as:—
| For churches and chapels … | £8,800 |
| Schoolhall and library … | 2,000 |
| Manses … | 1,200 |
| | £12,000 |
The Perth Wesleyan Native Mission was established in 1841 by the Rev. John Smithies; in it native children of both sexes were received, clothed, boarded, and taught to read and write; the girls were well instructed in various household duties; the boys were taught gardening and farming. The institution was placed under the superintendence of Mr. F. F. Armstrong, Native Interpreter, who had about 100 children under his care; of those a large number learned to read and write; all were quick in receiving instruction; their memories were so good as often to surprise their teachers, and they sang sweetly; five hours of each week day were devoted to religious and secular teaching. Children were received at an early age, and when old enough were sent out to service in various parts of Perth, returning each day to school. All admitted were children of aborigines.
A serious mortality prevailed among the children, and the school having been removed to Wanneroo as the more suitable locality, it continued, to the great discouragement of the promoters. The native parents, in consequence, refused to give up any more of their children as they said "to death"; medical men were of ​opinion that this was caused by the European habits of life in which they were educated.
The school was afterwards removed to York, and shortly after discontinued, after it had lasted fourteen years, and a sum of more than £12,000 had been expended upon it,—a large portion of which was contributed by the Wesleyan Missionary Society in London.
Congregationalists.—The Congregationalists have three churches in Western Australia, viz.:—Perth, Fremantle, and Bunbury.
The church now worshipping in Trinity Chapel, Perth, was formed in the year 1847: its present officers are the Rev. Thomas G. Rose, Pastor, and Messrs. H. Trigg and E. Saw, Deacons. It embraces in its membership the Paedo-Baptist, and Baptist Congregationalists, and also Presbyterians. Baptism is administered to children and adults by sprinkling, and to the latter by immersion, on personal profession of faith in the Lord Jesus Christ, if desired. Members and communicants of other churches are cordially welcomed to the communion of the Lord's Supper, which is celebrated the first Sunday of every month.
There is a Sunday school in connection with the church, and also Bible classes both for young men and young women.
The services of the church are:—On Sunday morning at 11 o'clock; Evening at 7 o'clock; Thursday evening, lecture in winter at 7 o'clock, in summer at 7·30.
In accordance with Congregational principles, all the expenses connected with the maintenance of public worship, and the support of the various institutions of ​the church, are entirely thrown upon the freewill offerings of the people. The revenue of the church is derived from pew rents, and the weekly offertory, and occasion, collections.
Within the last thirteen years, a new chapel, a spacious schoolroom, and a commodious manse have been built at a cost of over £4,000. The chapel will hold three hundred, and there are two hundred children in the Sunday school.
In the year 1852 a meeting, consisting of six persons, was held in a private house at Fremantle, to promote the establishment of an Independent or Congregational Society in that town. The Rev. Jos. Leonard and Mr. H. Trigg, of Perth, were requested to apply to the Congregational Missionary Society for a minister; and subscriptions having been obtained, the first stone of a chapel was laid September 7th, 1852. The building was not, however, completed until June 1854, but the Rev. J. Johnston, formerly a missionary at Tahiti, who was sent by the Society, arrived in June 1853, and commenced Divine Service in his own house, and reestablished a Sunday school.
In 1857 the chapel was found to be too small for the congregation, and was accordingly enlarged.
In 1862 a manse was erected for the minister's residence; the cost of the chapel and manse was £1,300. As the congregation was composed of members of various religious denominations, the practice of open communion was observed until 1869, when it was deemed desirable to form the communicants into a church on the Congregational model; a basis of union was adopted by twenty-six members, and Mr. G. B. Humble was chosen Deacon.
​In 1875 the chapel being found too small, the foundation stone of a new building was laid on Christmas Day, and it was opened for service on Sunday, July 22nd, 1877. It is of gothic design, and accommodates four hundred persons on the ground, and is sufficiently lofty to admit of galleries being built when needed; it has been designated the "Johnston Memorial Church." The total cost of the building was £1,600.
The number of families in this congregation is at the present time 70—of children in the Sunday school 260, with a staff of 26 teachers. Divine Service is held on Sundays at 11 a.m., and 7 p.m.; Thursday evenings at 7·30 p.m.
A young mens' Mutual Improvement Society holds its meetings every Wednesday evening, and a similar society for young women every Monday evening.
At Australind about thirty years ago a small Congregational Society was formed by some who had been in the habit of meeting for religious worship in the house of the late Mr. John Allnutt; and a cottage was purchased and converted into a chapel, where Divine Service was held every Sunday morning by Mr. Allnutt, and a Sunday school established. Having been invited to hold Divine Service at Bunbury, the workshop of Mr. Gibbs was used for that purpose. At length a chapel was erected, and a church in accordance with Congregational principles was formed in Bunbury, of which Mr. Allnutt was acting pastor whilst he lived. After his death the Colonial Missionary Society sent out the Rev. Andrew Buchanan, during whose pastorate of eight years, the chapel at Bunbury was enlarged, and a manse built for the minister's residence; a small chapel was erected at Busselton, and anothier at Quindalup. ​Mr. Buchanan having accepted a pastoral charge in South Australia, Mr. Gibbs haa conducted Divine Service at Bunbury. It is hoped that Mr. Buchanan's place will be supplied ere long by the Colonial Missionary Society.
LAND.
Although the Land Regulations now in force revoke all those previously made, yet, as this alteration does not affect contracts, or engagements made under them, and as the various changes in the laws for the sale or lease of Crown Lands (all land not alienated by grant or purchase belonging to the Crown) have had much influence on the prosperity of the Colony, it may be well to give a brief account of them, and of the general results which they have produced.
The original grants of 453,000 acres to three persons, as already noted, were made under circular A, issued in 1829; but by circular B, which superseded it immediately, grants were made at the rate of 40 acres of freehold land for labour or material to the estimated value of £3 introduced into the Colony. 52,500 acres were thus allotted among 68 families, subject to conditional improvement, or forfeiture. By circular C, which applied to all immigrants arriving after December, 1830, one acre was granted for every three shillings of capital invested, and 100 acres for every servant introduced, subject to reversion if not improved; but, in 1831, circular D appeared, doing away with all free grants, ​excepting to officers retiring from the army or navy for the purpose of emigration, and offering land at an upset price of five shillings an acre. The result of such sales by auction was very inconsiderable. In 1835, to reduce the area of occupied lands, and as some lands had become liable to forfeiture from the persons to whom they had been granted not having been able to complete the necessary improvements, remission on the purchase of fee simple lands, or a grant in fee of three acres for every 10 surrendered were offered, and, accordingly, 316,749 acres were given up, and titles to 95,025 acres obtained in exchange. In 1841 the price of land was raised to 12 shillings and again to £1 an acre, to be sold in blocks of not less than 160 acres, with right of commonage; and this price was maintained by the Imperial land sales Act (5 and 6 Vict., c. 56) by which all lands were divided into town, suburban, or country, the latter to be sold in lots of not less than 160 or more than 640 acres, and those more distant from settlement by auction at an upset price.
In 1850 division into Classes was first made with respect to leased lands for pasture or tillage, Class A including all lands on the sea coast, or on rivers, or about towns, and Class 6 all other lands. Tillage Leases might be granted in either division for 8 years, renewable for 8 years, with right of pre-emption, and of payment for improvements on relinquishing a lease, in lots of not less than 10,000 acres at £5, or 10 shillings for 1000 acres. Under this arrangement 42,000 acres were purchased and 400,000 leased.
In 1860 the price was reduced to 10 shillings an acre, and the least quantity purchasable to 40 acres; and again in 1864, new regulations were proclaimed, and, in 1865, special regulations for mining leases. Crown ​Lands were now divided into town, suburban, country, and mineral. The two former might be sold by auction, at upset prices to be regulated by the Governor; country lands at fixed price and limit as to quantity.
Pastoral Lands were classed A, B, and C. Those under Class A could only be let for one year, under depasturing licenses, at the annual rent of two shillings for each hundred acres; but holders of land within a Class A license might run one head of great stock for every 10 acres. Class B lands might be leased for 8 years, with preferable claim to renewal, in lots of not more than 10,000 acres, but any number of lots to one person at £5 yearly rent, subject to the same depasturing rights as in Class A; and tillage leases, of not more than 320 acres, but any number to any one person, at one shilling an acre.
There was a further division made of Northern and Eastern districts, the former to the North of the Murchison River, and the latter from 30° South latitude to the coast, and between the meridians of 121 and 129 degrees East. In these, Class A included all land within three miles of the sea coast, and Class C the remainder. The lands in Class A were for annual license, at a rent of five shillings a year for every 1000 acres for the first four years, and of 10 shillings for the next four years; those in Class C might have the lease extended to 8 years on the same conditions, by paying a fee of £5 at the commencement of the lease.
Mineral lands were those known, or supposed, to contain minerals, and might be sold, on application, in lots of not less than 80 acres each at £3 an acre, payable in three years, and in three instalments. Mining Licenses might be granted for one year subject to renewal, at the rate of two shillings the first year, and four shillings the ​second year for each acre. The holder of a mining license, or other holder on approved application, might obtain a mining lease for any period, not exceeding 10 years, at an annual rent of 8 shillings an acre.
The last great change in the Land Regulations was commenced in 1871. To this some amendments were made in 1873, also in 1874, and these were supplemented in 1875 by further regulations as to free grants to immigrants and by timber licenses, an epitome of which will be found at the end of this section. The results have been most satisfactory, as the following comparison will show. By the Census papers of 1870 it appears that the occupied lands of the Colony were thus distributed to that year:—
| | Grants. | Acres. |
| In occupancy | 17 | 511½ |
| In fee simple | 443 | 1,200,132½ |
| In do. by purchase, 1868-9 | 2,823 | 253,464¼ |
| Total | 3,283 | 1,454,108¼ |
Lands held under lease from the Crown:—
| Class A | 476,624 |
| Class B | 4,745,918 |
| Class C | 689,400 |
| Tillage | 89,108 |
| North (free) | 4,059,000 |
| East (free) | 100,000 |
| Mining | 260 |
| | 15,160,310 |
In the year 1870 the land sold amounted to 358,875 acres, or 105,411 acres more than in the years 1868-9 together, and the amount of acres held in fee simple had increased to ​The leases and licenses were distributed as follows:—
| | | | | | Grants. | Acres. |
| B | B | B | B | B | 13 | 130,816 |
| T | T | T | T | T | 453 | 50,370 |
| 1 | 1 | 1 | 1 | 1 | 1,936 | 12,334,706 |
| 2 | 2 | 2 | 2 | 2 | 762 | 4,922,550 |
| 3 | $\scriptstyle {\left\{{\begin{matrix}\ \end{matrix}}\right.}$ | A | A | A | 38 | 434,324 |
| 3 | $\scriptstyle {\left\{{\begin{matrix}\ \end{matrix}}\right.}$ | C | C | C | 363 | 4,620,903 |
| Poison Lands | Poison Lands | Poison Lands | $\scriptstyle {\left\{{\begin{matrix}\ \end{matrix}}\right.}$ | 108 Reg. | 7 | 30,968 |
| Poison Lands | Poison Lands | Poison Lands | $\scriptstyle {\left\{{\begin{matrix}\ \end{matrix}}\right.}$ | 110 " | 15 | 202,758 |
| Special occupation leases | Special occupation leases | Special occupation leases | Special occupation leases | Special occupation leases | 53 | 5,848 |
| Do. licenses | Do. licenses | Do. licenses | Do. licenses | Do. licenses | 467 | 55,108 |
| Mining leases | Mining leases | Mining leases | Mining leases | Mining leases | 10 | 640 |
| Do. licenses | Do. licenses | Do. licenses | Do. licenses | Do. licenses | 28 | 5,580 |
| Giving a total of | Giving a total of | Giving a total of | Giving a total of | Giving a total of | Giving a total of | 22,794,671 |
The amount received for the sale of land was in 1869 £8412; in 1876 £8460; but the Revenue derived from licenses, leases, &c., had increased from £15,077 to £23,706, or by more than one half as much again, and this without any large increase to the population from immigration, the increase during the year 1876 having been only 612 persons. It is obvious that any large increase of land sales must be expected only from the introduction of persons with capital.
From the report of the Commissioner of Crown Lands for 1876 it appears that the proceeds of land sales were less than in 1875 by £2,444 17s. 9d., but that from rents there was an increase of £1,326 6s. 11d., and he makes the following pertinent remarks on the operation of the present law: —
"The facility by which land is acquired by paying a portion of the redemption money annually, necessarily affects direct sales. A reference to the returns with ​this shows that 111,226 acres were, at the end of 1876, held by tillage lease holders, and special occupiers; none of the redemption money for these lands is credited to the sales, but classed as rent charges. The accruing claims of Pensioners, Volunteers, and Immigrants already threaten to amount to 70,000 acres (which at ten shillings an acre is £35,000,) disposable in lots of 20 to 50 acres and upwards. When I mass together the whole of these, and take certain other claims for scrip which are outstanding, the large area of nearly 200,000 acres of the best of the Crown Lands appears pledged in the future. I am an advocate for the policy that if bonâ fide settlement on the land is obtained, direct revenue from the sale is not material, and if the result of this liberality in disposing of the public lands is such as the designers meditated, well and good; but I cannot conceal from myself the fact that when all these land orders and occupation certificates are going into the hands of the public, there will be something like a scramble for the pick of the country, and I fear the chief benefit may be to those of the runholders whose means and carefulness enable them to acquire large quantities of ground; and after they have simply complied with the conditions on which the grants are issued, will then be able to hold the country locked up in their hands. How long the present system shall be maintained, will be a question ere long to be considered. The cost of locating these selectors must be a heavy expense, and a considerable portion of the actual receipts from Crown Lands will have to be appropriated, in order to provide proper surveys of the plots and blocks for which no money is paid in return."
Transfer of Land.—The "Torrens System" was introduced into this Colony by an Act which became law in ​1875, and which is as nearly as possible a reprint of that which is in force in Victoria. Land is brought under its operation in two ways, involuntarily and voluntarily; that is to say, all lands granted out by the Crown after July, 1875, are ipso facto amenable to its provisions, while lands already alienated are entitled to its advantages on the application of persons who are able to show a good title. It is not a little singular that, though all England was under such a system in the days of the Conqueror, it should have fallen into disuse, and that it should not have been adopted on the foundation of a Colony.
The advantages resulting from this Act are:—
The expense of bringing land under its provisions is:—
The Crown Lands are specially classed as Town, Suburban, Rural, and Mineral.
Town and Suburban Lands.
Town and Suburban Lands are offered by Public Auction at an upset price determined by the Commissioner of Crown Lands and approved by the Governor in Council, and are put up either by order of the Commissioner, or upon the application of any one who, at the time of making the application, deposits one-tenth of the upset price; this, if no advance on the upset price be made, is considered as part payment for the purchase. Where lands are put up by the order of the Commissioner, the one-tenth of the whole purchase money has to be paid on the fall of the hammer. In either case the balance must be paid within thirty days after the sale; in default of this, the person to whom the land has been knocked down forfeits the deposit money and all title to the land. If any lands put up are not sold, they may be purchased at any time afterwards at the upset price, without going to auction. Every auction sale of land has to be notified in the Government Gazette at least twice before the day of sale. The lands to be offered, and the upset prices at which they are to be offered, then and there are stated.
Rural Lands.
Rural Lands are sold at ten shillings an acre, and the smallest quantity is forty acres; but any plot that is so shut in as not to contain forty acres may be sold, at a price to be fixed by the Governor in Council.
After payment of the purchase-money and fulfilment of conditions, a Permit to Occupy is issued by the Commissioner, which has to be given up when the Crown Grant is received.
A breadth of not more than one-fourth of the depth of any selection is allowed on a frontage line, unless in a special case by ​The express permission of the Commissioner. A frontage line means the boundary of a road, river, public reserve, sea-coast, permanent stream or lake. When from any particular cause this rule cannot be accurately observed, the form is determined as nearly as circumstances allow, but the depth must not be more than three times the breadth in any selection, which must also be in one block, and as a rule of a rectangular shape; and if found on survey to differ in any respect from what is intended by a purchaser, the Government will not be responsible for any loss or inconvenience; nor will the purchase money be returned, unless the whole extent of land in the selected locality falls short of the quantity paid for, and then only so much as exceeds the price of the land to be conveyed.
Lands for special occupation may be take up in selections of not less than one hundred acres, nor more than five hundred acres, at ten shilling an acre, upon conditions of deferred payments and improvements. The conditions are these, given in the words of the Regulations:—
1. The annual fee to be paid yearly, in advance: the first payment to be made at the time of the granting the application, and to be at the rate of one shilling an acre, or fractional part of an acre.
2. The licensee shall not, during the currency of the license, sub-let, assign, or transfer his or her right, title, and interest therein, except by permission of the Commissioner of Crown Lands, and on payment of a fee of ten shillings; and the license shall become absolutely void on the assignment of license, except as above provided.
3. The licensee shall, within the term of his license, or before he can claim the giant either by payment or otherwise, enclose the land described in his license with a good and substantial fence, and have cleared and cropped at least one-fourth of the whole area.
4. If the licensee shall by himself, his tenant, or agent, during the period of three years have occupied the allotment for not less than two years and a-half, and provided and made the improvments of the nature in the previous condition mentioned, and shall prove to the satisfaction of the Commissioner of Crown Lands, by such evidence as may be required, that he has complied with all the conditions of the said license, he shall be entitled, at any time within thirty days ("after three years from the commencement of the license, to demand and obtain a Crown Grant, upon the payment of seven shillings for each acre or fractional part of an acre; or failing compliance with the above conditions he may obtain a lease of the said allotment; and every such lease shall be for a term of seven years, at a yearly rental (payable in advance) of ​Page:Handbook of Western Australia.djvu/178 ​Page:Handbook of Western Australia.djvu/179 ​Page:Handbook of Western Australia.djvu/180 ​Page:Handbook of Western Australia.djvu/181 ​Page:Handbook of Western Australia.djvu/182