Western Australia: Being a Short Account of its History, Resources,

Scope for Settlement, and Land Laws,

BY

E. 0. MAcDEVITT, BARRISTER-AT- LAW,

Issued by the Authority of the Government of the Colony.

ERN AUSTRALIA.

HANDBOOK OF

WESTERN AUSTRALIA: BEING A SnoRT AccouNT oF ITS HISTORY,

REsOURCES, ScoPE FOR SETTLRMEN'r,

AND LAND LAws,

BY

E. 0. MAcDEVJTT, BARRISTER-AT -LAW.

Some time Attorney- General fm· Queensland; Legal Assistant Commissioner f or the 11-ish Government.

AUTHOR OF

"Manual uf the Irish Land Ads" ; " Guide to the Melbourn e antl J.I!Ietropulitan Board of Wurks Act;" " Guide to the Goldfields Act, 1895, and Regulations

(W . .A.) ," etc., etc.

Issued by the authority of the Government of the Colony.

PERTH:

SANDS & McDOUGALL LIMITED, PRINTERS.

MDCCCXCVII.

CONTENTS_

Cll.I.PT im I. PAUl-~

Hist01·y- Early Colonisatiou- Prog-re~s since 1800 5

CnAPTE L~- II. Political 8

C'HAPTEit Ill. Climate

CJ:I.A.PTER IV. Industries 10

CHAPTER V. Scope for Settlement 12

CHAPTER VI. Divisions of the Colony ... 13

CHAPTER VII. Land Laws-Division of the Subject- Pastoral Leases 18

CrrAP'rER VIII. Land Laws Continued-Alienation in Fee in the South

West Division, Conditional Purchases . . . 22

CrrAPTER IX. Alienation of La11d in Divisions other than the South

W est " Special Areas" 24

CHAPTER X. Vineyards, Orchards, and Gardens 24

CrrAPTER XI. Homestead Farms, "Homesteads' Act 1893," Village

Sites, Homestead Leases 25

Ci:UPTER XII. "Agricultuml Bank Act 1894" 28

Summary-Conclusion 29

CHAPTER I. •

WESTERN AUSTRALIA. History, Early Colonisation, Progress Since 1890,

Railways, Water Supply and other Public Works.

D.A.MPIEI{, who arrived in 1688, was the first Englishman who visited the shores of Western Australia. Its coast had been previously explored by several Dutch navigators.

'vVestern Australia, as now constituted, is bounded on the west, north west, and north by the Indian Ocean, on the south by the Southern Ocean, and on the east. by the 129th meridian ·Of East Longitude, the boundary line between it and South Australia. Its greatest length is 1,480 miles, from north to south, and its greatest breadth 1,000 miles. It has a coast line of 3,500 miles, and covers an area of 975,920 square miles, equal to 624,588,800 acres. It thus embraces a territory as extensive as the combined areas of Austria, Hungary, Great Britain and Ireland, France, Germany, Italy, Greece, Switzerland, Servia, and Montenegro. I£ Ireland we1·e projected from its western boundary between its north and south points, so tts to have an area equal to Western Austl'alia, not only would it bridge the Atlantic, but would overlap a considerable portion of America.

The first attempt at colonization was in 1825, when an expedition from Sydney, consisting of a detachment of the 39th l{egiment and a party of convicts-numbering in all 75 souls-under Captain Lockyer, landed at Albany.

Captain Fremantle, in 1829, hoisted the Union Jack near the site of the flourishing town which now bears his name. Within a few months subsequently, Lieutenant Governor St-irling, with his family and 69 other colonists, arrived, an event which marks the fo'.mdation of the colony.

6

At first the colony did not prosper, though it increased moderately. In 1848 it petitioned for the establishment of :1 penal settlement in the colony, hoping for such labour as might be obtained from ticket-of-leave men, and expect­ing benefits from the money put in circulation by expendi­ture oh maintaining the convicts. In 11;50 the first batch of prisoners arrived, and the hoped for consequences in part followed, but in course of time Western Australia felt the reproach involved in being the only convict colony in Australia. and in 1868 transportation hither was dis­continued. Transporta.tion to Western Australia was comparatively insignificant. It only lasted for 17 years, and was .confined altogether to male prisoners, of whom only 9,000 were sent to this colony. Some time subse­quently an agitation in favour of self government was set on foot. It was successful, and in 1890 West.ern Austraha was e1·ected into a self governing constitutional state. Since that time it has, according to the happy expression of Sir J obn Porrest, who, as Premier, has presided over its destinies all the time, progressed by "leaps and bounds" in population, wealth and inclu sti·y, so as to give promise of becaming in the near future as flourishing as it is extensive. If W estem Australia has been more tardy than her Australian Sisters in entering on active develop­ment, she bids fair in a short time to outstrip them all. During these six years her popu latiou has increased from 44,000 to 155,000 at the present time. Coolgardie and KaJgoorlie, unknown five years ago, have, between them, a population little less than that of the whole colony then.

1'he revenue in that interval has advanced from £497,670 to £2,425,000, as estimated for the current :financial year, but will exceed that estimate by nearly half a million. The irnportR, tonnage, savings bank deposits, gold held by ihe banks, ha.ve, as might be expected, increased in the same proportion. Notwithstanding the great expenditure in public works the public indebtedness is not more than half that of Tasmania,, and but one-fifth that of South Australia; the two sister colonies having the smallest debts.

Western Amtralia has inaugurated an extensive r;ystem of Railway construction, and is prosecuting it vigorously at the rate of 100 miles opened for traffic annually, so that the iron road proJ:Uises shortly to make a grid­iron of her immense territory. These railways hav·e their

7

termini at the principal centres, and traverse land suitable for settlement. They have been more cheaply built than the railways in the other colonies, and so carefully ha1e they been managed tha,t not only do the profits pay work­ing expenses, sinking fund, interest on cost of construction , but leave a very considerable margin to be carried to the credit of the general revenue of the colony.

The greatest work in Western Australia, and of its sort, one of the greatest in the world, is the proposed Coolgardie Goldfields Water Supply Works, by which the waters of the Helena River, in the Darling l{anges, nf?ar the coast; will be dammed up and pumped to a point on Mount Burgess, 1,670 feet high above the Helena Reser­voir (the latter 320 feet high over sea) and 330 miles distant, thence it is to be clistributt!d by gmvitation over the gold­fields at the rate of 5, or, if necessary, 10 million gallons daily.

Nearly a million is to be expended on the Fremantle Harbour vVorks, and, according to the opinion of expert~, the works, as far as they have progressed, give assurance that they will fulfil the original design, namely that of makiug the Port .safe and commodious for any quantity of shipping, even of the l::u·gest class of ocean going ships.

8

CHAPTER II.

POLITICAL. FoR the purpose of meeting the requirements of the large and rapid addition to the population, the session of Parliament, 1895-96, passed into law a measure re-distribut­ing the electorates and liberally increa!'ing the representa­tion. The Legislature will henceforth consist of 24 Members in the Council, and 44 Members in the Assembly.

The Government is carried on by a Governor appointed by the Q1:een to repreRent her. Both the Houses are elective, and residence in the colony for one year, of which six months must be spent in one voting district, confers a vote for the Legislative Assembly. No property qualification is required for the Legislative Council or the Legislative Assembly.

The Present Government consists of-1. The Hight Hon. Sir JoHN FoRREST, K.C.M.G.,

Premier and Colonial Treasy.rer.

2. The Hon. SEP'l'IMUS BURT, Q.C., Attorney General.

a. The Hon. GEO. THROSSELL. Commissioner of Crown Lands.

4. The Hon. FREDERICK HENRY PIESSE, Commissioner of Railways and Director of

Public Works.

5. The Hon. Enw .A.lW HORNE W ITTENOOM,

Minister of Mines.

6. The Hon. HENRY BnucE LEFROY, Minister of Education.

9

CHAPTER III.

CLIMATE. THE southern part of W e;;tern Australia has a climate as near perfection as can be found in any country. In the north it is hot, but healthy, and cattle thrive there. In the eastern parts it is very dry, but here also the climate is of the most salubrious character. The fever, which has prevailed in the goldfields, has been mainly, if not altogether, due to the life of hard work and great privation which the miner has to lead. .

Throughout the colony t.here are two seasons, the wet and the dry. In the south and south west the rainy season is very marked, rising in many places as high as 40 inches annually, but in the eastern division there i~; really no rainy season at all. Perth, the Ca.pital, has a climate approaching that of Madeira, though not so humid, and therefore less relaxing.

10

CHAPTER IV.

INDUSTRIES.

Sheep Farming, Stock Raising, Timber Getting, Cultivation, Gold Mining.

THE leading industries are those of eatt.le :tnd sheep farmiug, _principally located in the north and north westem districts. 'rhe large number of miners who have lately settled on the goldfields, nnd swelled :tlso the popnlation of. the towns, h:we wonderfully increased th e demand for beef aud mutton to the delight of station l1olders. Hence the Gascoyne, North West, and Kimberley Division s are attracting much attention, especially fl'om young gentle­men with means anxious to embark in those pursuits.

The central and southern parts of the colony being temperate, arc the regions snitnbl e for the growth of wheat, oats, b:tdey and hay. There, tc.o, the vine and other fruit~ o-E temperate J~urope, flomish. Thoro m·e at least 3,000,000 a.cres of l::tncl ;;uitable for the cultivation of the vine, and in 1895 there were not more th:tn 1,500 acres devoted to that purpose. 'l'he sa.me causes mentioned as favourable to pastoral pursuits also bring large profits to the tiller of the soil. The goldfields greedily absorb all that can be produced in that way. A railway is being made through one of the principal agricultural clistricts­York to Green Hills-and others are in contemplation.

The timber, so abundant in the south west, promises a rich rewa.rd to the farmer, not more by the sale of the article itsel£ than by tB.e abnormal producti1'eness of tl1e land cleared. Such land is described as just the thing for root crops and dairy farming, and will, it is said, yield for ten years, after being cleared, without manuring. 'l'he area of forest land hitherto almost unLouched is estimated as equfll to that of Great Brita.in.

" l'he forest regions of extra tropicaJ W estcrn Aus­tralia occupy an area equd to the whole terl'itory of Great Britain, and it is singulady fortunate for the colony that

. over this vast extent o-E wooded country a specie:> of eucalyptus (the jarrah) prevails which for the durability

11

of its timber is unsurpa!lsed by any kind of tree in any portion of the globe. Under such rircumstances the timber resources must be regarded as amongst the fore­most in importance throughout the wide tracts of West Australia, even if the many other kinds of utilitarian trees occurring in the more southern portion of that colonial territory, and the still mo1·e varied sort,; of ti rnher trees to be found within the intra tropic:tl regions of West A us­tralia, ·were left out of consideration." (Report of Baron Mueller.)

The jarrab is found through at least 5 degrees of geographic latitude and within so short :t distance of shipping places as to render it rasily accessible to foreign tmilic. (Same report )

But if stock raising, timber getting, and farming are so profitable and extensive what is to br. said of gold­mining? The extent and richness of Western Australia in gold deposits has earned for it the name of " Golden West Australi11." The pursuit of that precious metal is precarious, and attended with clanger to health and exposure to terrible privations, but there is an attractive element of romance about it, and its UJlCeJ·tainty gives it some of the zest of gambling. The results when favour­able are large, quick anrl abundant, and fo1·ce themselves on the imagination.

12

CHAPTER V.

SCOPE FOR SETTLEMENT. WEsTERN AusTRALIA possesses, as already stated, a terri­tory almost as extensive as that of Europe, excluding ]{ussia. It has forest lands (according to Baron von Mueller), almost contiguous equal in area to the United Kingdom, covered with the most valuable hardwood timber suitable for all purposes.

It has a proved auriferous area of 500,000 acres. It has lands of practically unlimited extent ideal for agriculture as carried on in Europe and North America, and in the Northern Territory, suitable for cattle breeding and sheep farming.

This great country, although its whole population does not come up to that of a third-rate English town, such as Leicester, imports bread stuffs, fruits, and dairy produce for its urban and mining population, and also a great portion of the beef and mutton consumed by it, so the opportunities for the profitable production of beef and mutton, bread stuffs, fruit, and all cereals are practically unlimited.

13

CHAPTER VI.

DIVISIONS OF THE COLONY. THA'I' nothing ·may be wanting to the inducem ent thus held fortl1, the land laws of Weste1·.n Australia ::n·e the mo~t liberal that can be' imagined. For the ]mrpose of internal udmi,,istration, particularly as regawls tl1e Crown lands, the Colony has been divided into six divisions, wl1ich will be now described.

1. The SOU'l'IT w~:sT DIVISION extends from the Soutl1ern Ocean north along the shores of the Indian o~en.n for 11 early 600 miles, varying in breadth from about 200 miles in the south to 100 miles in the north. It con­tains the chief towns of the Colony-Perth, the capital, Fremantle, Geralclton, and Bunbury, important ports on the Indian OceJtn; in the south it lms Albany, with its extensive and safe harbour, and the first port of call on the Australian shores for the English mail-boats. In the interior of this div ision are situated York, N ort.ham, BA~erl ey, Newc~tstle, Katanning, &c., which are the risi11g centres of large agricultural districts. 'l'he division con­tains endless tracts of land suitable for the cultivation of European products. It is rich in timber-the Jarrah, a treb of unequalled strength and durability (see report of Baron von Mueller already quoted), grows in great pro­fusion, and it is largely exported to Europe for ship building and paving purposes. It is the most valuable of )Vestem Australian timber, and is found near the coast. Besides it there are found the Karri, the 'White Gum, the Tuart, Sandalwood, and the Red Gum. The forest regions of extra-tropical Western Australia cover, as already stated, an area as extensive as Great Britain, and are a rich endowmer:.t of nature.

The climate is mild, the mean annual temperature being from 63 degrees on the wtst coast, to 66 degrees in the north-eastern parts, 58 degrees on the south coast, and 63 degrees for the whole division. The average rainfall is 26·5 inches.

AGRICULTURAL AREAS, numbering 28, and ~mbracing in the aggregate 1,019,977 acres, have been thrown open for selection by conditional purchase on the system of deferred payment. Thousands of such selections have been

14

surveyed, quarter of which have already been selected. Roads, reserves for public pLtrposes, and townships have been laid out in each area.

Ten of these ag1·icultural area~ are· on the Great Southern l{ailway line, viz., Beverley 35,000 acres, Moorum­bine 29,00~ R.Cl'es, N arrogin 25,000 acres, Wichepin 97,0~0 acres, Wagin 26,000 acres, Darkan 62,000 acres, Katanning 100,000 :1.cres, Ewlyamartup 45,00:) acres, Tenterden 30,000 acres, and Pallinup 180,000 acres. These areas 1\re all suitable for g1·owing grain, fruits and vegetables of ordinary household or farm-yard consump­tion. On nuny of the selections there are valuable timber plantations. They are all situated near t.he railway and thus have facilities for carriage in all directions. Take the Katanmng area, for instance, the railway runs right through it-three towns, W oodanilling, Moojebing, and Pinwernying, have been surveyed on it. .Katanning is the chief town within the area, and in its immediate neigh­bourhood are some flourishing orchards and a large roller flour-mill. The areas Rituated near the South-W astern l{ail wa.y are nine in number, vir,., J andakot 33,000 acres, Serpentine 14,000 acres, Cool up 50,000 acres, Harvey 4,3,000 acres, Un,luc 12,000 acres, Collie 7000 acres, Boyanup 41,000 acres, Preston .'52,000 acres, and. the Tweed 20,000 acres . Among these areas much of the best land is to be found. They are conveniently situated for rail way faciliti es, and neat· the best markets. One of them, the Jandatwt, is within 10 miles of the capital. W atet· is comparatively abundant, the rainfall being very regular and much of the land can be profitably devoted to dairy farmivg and vegetable growing.

On the Eastern aud Yilgam Railways there are five large areas, viz. :-Calgie, l2,500 acres; Meckering, 81,000 acres; Tamrnin, 45,000 acres; Doodlakine, 4,000 acres; and Bainding, 55,000 acres. 'l'he country is good for cereals, and admirable for tl1e vine and the olive. Fruits generally do wt:ll. The land is- lighter than that nearer the coast, hence mixed tillage and grazing can be worked with profit. Therefore it would be advisable for the settlee to take up more land (say about 640 acres) than would be sufficient further west. These observations apply principally to Meckering area. The Yilgarn areas will be on or near ihe line of the Coolgardie Goldfields

15

Water supply, a circumstance calculated to enhance their value vel'y much.

Th e Midland Railway, at about lOO mi les from Perth, run s through two large areas, the Koojan, 14,000 acreR, and Dala1·oo, 9,000. There are tl1roe areas on the Gemld­ton-~orthumpton Railway, Appertana, 7,000 ac1·es; Nonga, 12,000 ac re.· ; rmd W ee r-anooka, 1<.1,5,000 acres, and on the Geraldton~Mu rchison Railway is situated the agricul tural a1·ea of :1\full ewa, 12,000 acres. 'l'he attraction of this la t,ter for seH.le t·s will be the lJl'oximity of the good market on the Murchison Goldfields.

Th ose m·eas offer to t he intending settler a choice at once exten sive n.nd perhaps embanassing. Some of them are suitabl e for mixed tillage and grazing, some for the vine and th e olive, some for orchards, and some for market gardening; some of them are within 10 miles of the capital, Perth, some in coinpaeatively r emote situations, so thoro is unlimited scope for choice on all of tl10m. F:ums arc alrendy surveyed and may be taken up without delay. The conditions aee so hbeml that they must all be taken np in a sho1-t time. Not only, as will be seen, i ~ t he mnney payment the lowest exacted for such land anywhere i n the world, Gd. per acre for 20 years, but the unusual convenience hf'ld on t by the Agricultuml Bank of advancing money to improve and cultivate the newly selected farms is a ·boon not obtainabl e elsewh ere.

Under the Homesteads A ct, 1893, as will be seen here­after,· a farm er, without resources, can get 160 acres for nothing, and the Ag1·icultural Bank will advance him mouey t o make his improvements and put in his first crop.

2. The G.a.scOYN JI: 0 LVISION, J 33,000 sq. miles. The average tempel'ature is 72 deg, m1d the annual rainfall 7 ·50 inches. Water also can be easily stored. 1'his division commences OJl the uorthel'n boundary of the south west di1•ision, f1 ·om which it extends along the coast north to 22nd parallel of sout.b latitude, which form s its northern boundary. It is hounded on the east by the 119th meridian of east longi tude. Its southem boundary is partly the n:Jrthern boundary of the south west division, and partly the 29th parallel of south latitude. The Gascoyne Division is well adapted for pastoral pursuits, sheep and cattle thriving well.. It contains the Ash burton, Yalgoo,

16

and the Murchison Goldfields. A railway from Geraldton brings these fields into communicai.ion with that port. 'rhe line has been ah·eady opened to Cue, the capital of the Murcl1ison goldfields, and to Mount Magnet, and will be shortly extended to ~ a~mine. The towns o£ Carnarvon and Gladstone are on the coast, and there are extensive pearl fisheries in Sharks Bay.

3. The N ORTTI WEsT DIVISION, 81,000 square miles, adjoins the Gascoyne on the north, and lies along the Indian Oc&an. It is bounded on the east by l22nd meridian of east longitude; on the south by 22ud parallel of south la.t;tud~, and on the north by the 19·30th parallel of south latitude. Its principal towns-Roe­bourne, Cossack and Onslow-are on the coast. It con­tains the Pilbarra and P:lbarra East goldfields, and is traversed by extensive tracts of well-grassed country, which is being rapidly taken up for pastoral objects.

4. The KrMBERUY DrvrsiON, 144,000 square miles, comprises all that part of the Colony lying to the north of parallel 19·30 of south latitude. Like the North West Division, it is entirely situated within the tropics. This Division has so much country rich in fattening grasses, and blessed with such abundant rains, that under the liberal land laws of the Colony many people are embark- ­ing in pastoral pursuits. An expert who has been over the Kimberley Diviaion recently estimates the number of cattle depasturing on it at 90,000 head. He states that, COlls'idering the extent of land suitable, this number COUld be easily increased to 1,000,000 even in its natural state, whilst by storing water twice the latter number could be added. Similar statements would be true of the North West, and also partially true of the Gascoyne Division. The principal business of its chief town, Wyndbam, is the exuortation of fat cattle and sheep to Singapore and Fr~mantle. In this and in the North West Division there is plenty of game. Its position and climate render it suit­able for the cultivation of coffee, rice, cotton, sugar, and tea.

5. EucLA DIVISION, 59,000 square miles. This Divi­sion extends from the South West Division along the Southern Ocean to the South Australian border, compris­ing a strip of land along the coast varying in breadth from

17

50 to 150 miles. This Division is little occupied, but well grassed country is said to have been recently explored in its eastern parts. It contains the town of Esper:mce-tbe port in Western Australia nearest to Adela:de and the Eastern colonies. Esperance is quite in the neighboUl'­hood of the Dundas goldfields, and less distant from the Coolgarclie goldfields than Fl'emantle. It tb.erefol'e promises shortly to develop into a. la1·ge town and ship­ping port.

6. EAsTERN DIVISION, 491,000 sq . miles: bounded on the East by the l 2!Jth meridian of East Longitude, and comprisiug all the territoq not included in other divisions. It is arid and unprod'.lctive, except of gold. The rainfall seldom exceeds 7 inches, and, in places, short even of 5 inches. Its extensive goldfields of great richness are a substantial compensation. The Government has been liberal in the conservation of water. The scheme about i!o be undertaken at a . vast expense (three and n lullf millions) will bring suffic ient water to the populations of the mining towns. Its goldfields are Coolgarclie, N ol'th­East Coolgardie, N ortb CoolgaJ·die, Yilgal'll, Dune! as and East Murchison.

The town of Coolgardie stands near the site of the disco>ery in 1892 of the famous Bayley's Reward. That town and Kalgoorlie, 25 mil~s distant, have a population o± about 40,000. Up to 1892, uo white man. except the hardy explorers or enterprising prospectors, had been in this division farther than Southern Cross. The history of Coolgardie is a remarkable instance of the rapid advance of an insignificant mining camp to the condition of a large town. It has so progressed in these four years that it has now a well organised municipality. Its streets are liglltecl by electricity-there are schools, chm·ches, hotels, banks, and a stock exchange-tl,ere are three daily papers and several weekly ones-its post, telegraph, and telephone offices, court house and police station are, like so many other edifices in the town, substantial bmlclings of brick and stone. It is connected by rail way with Perth -350 miles away. Many other places, notably Kalgoorlie, Broad Arrow, Menzies, Niagara, Mount M.argaret., Lawlers, Norseman, and Dullclas, are passing tb.rougl1 the same stages, and promise shortly to attain the samfl development.

18

CHAPTER VII .

LAND LAWS Division of the Subject. Pastoral Leases.

Two Aystems of di sposal of the la.nd obtain in Western Att.·tral in, . • The first is by lca.su for pastoml occupation for a fixed pet·iod . 'fhc : cco t,d is by alienation of the land in fee to pennanent settler . . 1'his seeoncl S}7 Stem is also by lease, but co nvertible into fee on making certain payments, and performing certain conditions n.s hereinafter stated. Tile laws by which land is lcnscJ fot' pastoral occupation or acqu ired in fee are embodied in a code called the '· L::md Reo· uhtions and Amendments thereto." Before proceed­ing to deal with them in clebil, ccrta.in reg-ulations affect­ing generally the disposal of tl10 lands should be stated. They arc as foll ows :-

The Go vernor may di spo. e of ln.nds in \Vestern A ustrn.l ia in n,ccordance with the rcgulatior:s which came in I o force on the 2nd Ma.t·ch, 1887. 1' hese regulation . lt:wc been amended by tl10 " J[omesteads Act, 1893," the A cL to amend the " [,and Begt~lati0ns, 1893," and the '· Ilumesteacl., Act Amend·ment Act, 1894."

All applications for Crown lands shall be made to the Commi.'sioncr tor 01·own Land ·, and shall have priority according to the order of lodgment. The conditions, area, all(] rescrvatiOJlS under which such ln.nd will be held depend~ oa the mode of al ionn.tion t he applicant selects, and tl1o D ivi.· io11 in which the land applied for is situated. The share of the ]a.nd shall be a rectangle, or as near th ereto as circumstances will permit. Rents are all calct1latocl as from the 1st January to the 31st December, antl arc pn.yable in advance on or before the 1st March, bu t rents not then paid can be subsoqt1ently paid within a certn.in time subj ect to a sm:tU fine, increasing according to the t ime cl ul'ing which t hey remain in arrears. The impeovements I'Ofel'l'od to in the regulations consist of such worl' ·as improve tlt o la 1Hl Ol' increa~<o its canying capacity, snclt as wells, J · e~Cl' l'oir~<, hm ks, rln.ms of a permanent cltamcl.e t·, fen ('eS, slt eci.H, bttilcling · (dwelling houses on

1!)

pa,Lorn,llease), ·clearing, g1·nbbing, rin,g·-brtrking, drn.ining-, or any improvement for mn,intn,ining or improvina the pastoral or agt·iculLuml C.'tpacitieR of the land.

Pastoral.

It is to be noted that all pastoeal lease: expirE' on the :31st December, 1907-that t-hey gi17 e to the les.<ee the rig-ht to use the land only for gmr.ing. The le~Rce can ext>rciso in addition rights of pre-emption , whicl1 \\"ill be mentioned hereafter. There is no limi t to the maxim11m q uantit.y of land that may be leased for pa.storn.l occnpation.

SouTH-"\VJ\S'l' DIVISION. ~v.finimum a.t·en. lea.secl 3,000 acres, unless go much is not available. Rent, one pound per n.nnum for every 1,000 acres or part of 1,000 acres leased.

G.A.sCOYNJ•: DrvrsioN. Minimum aeea., 20,000 acres. ltent, 10s. pe" annum for every 1,000 acres or pal't of 1,000 acres.

EuCJ.tl. DrviSION. Minimum aren., 20,000 ace s. Rent, 10s. per annum for every 1,000 acres or part of l,OUO acres, if the land is situate west of Point Culver, and 5s. for every 1,000 acres or part of 1,000 acres east of that point. I£ the minimum qnantity is not available, lesl!! than that quantity may b1leased, but the total rent must not be less than £5 per annum.

EA.S'l'EHN DIVISION. Minimum area, 20,000 acres. Rent, 2s. Gel. per annum for every 1,000 acres or part of 1,000 acres for the first seven yen.rs of the lease, and 5s. for every 1,000 acres or part, of 1,000 acr·es during the remainder o£ the term.

Nowru-WEs'l' DrviSION. Minimum area, 20,000 acres. Bent, 10s. per annum for every 1,000 fteres or part of 1,000 acres leased.

. KniTlERLEY DIVISION. Minimum area 50,000 acres when on a frontage to a iake, main stream, watercour e, estuary, ·or sea shore. When no part of lease abuts on a frontage, :W,OOO acres, unless '>0 IDllCh is not available. Rrnt in both cases, 10s. per mmum for evro:y 1,000 acre. ot· pn.rt of 1,000 a~.: res, but no len.so will be g ranted fur l cs~ tl tan £5 a year.

20

For special reasons frontage blocks_ of les. tl1an 50,000 acres may be leased, and i lease of not less than 10,000 acres of pastoral land contiguous thereto may be had.

LEA.SEs OF LAND IN 't'IIE Sorrrn-WEs-.r DrvrsroN infested with poisonous plant.s may be had on the follow­ing condiJions at a r ent of £ 1 per 1,000 acres, minimum area in one block !300 acres :-'r ile lm~see musl; pay cost of survey. But i E the land is fenced in and poisonous plants ei·adic,ttc<l, the lessee is entitled to a grant of the land at tlw expiration of 21 years, or at any prior t ime after such

. eradication anc fencing, aml ou payment of 21 years' rent. Otl1 erwi~e it reverts to the Crown . ·

Any lessee in the Kimberley Di1•ision or in the west­ern part of tho Eucla Division lmving within 14 years from t he elate of the Regulat ions (2!ld March, 1887), in t he D ivision 10 hend of sheep. or 1 head of largo stock, for every 1.000 acres leased, wi ll be cntil-lccl to a r eduction of hi s ren t to one-half.

PASTORH LEsSEilS in a ll the Divisions, except the South ·west, who shall not, within 7 yem·s from the date oE appli cation. possess in t l1 e Division where the lease is Ritnato, 10 l1 earl of sheep Ol' one head of large stock for­every 1000 acres lea.secl, m· who flhall not have expended within that time in improvements £5 for every LOOO acres ]caRed, mu~t pay during the remainder o his lease doubl e the rent fixed.

A PAs-ronn. LJ~SSE~C in the Sou•_rrr W EsT Division may apply for land within hi s lea,_ e, but not within an n.gricn 1 tnri!.l i!.r ea, not being less than 500 acres, nor more than 3080 on the same teems ancl condi tions as those of condi tional purchases \\' irhin an agricultural area. See post as to the terms and conditions.

Before any land in the SoU'l'H WEST Division cn.n be set n.part as hereinafter stated, anc: declared an agricultural area, (j mo11ths' notice must be g1 ven to the pastoral lessee. 1'he pa~toral lessee in t hat Division is eutitled to a rigl1 t of priol'ity i11 t<Lking· up a ho llie.-;!ead lease during the fir Rt 3 m 0 nth~< of a homcRtead area being thrown open on hiR loaserl land.

A pastoral lessee in all the Divisions, except the South West, up to 1901, who shall have in his possession in any such Divis ion 10 head of sheep and one head of large stock for rach tOOO acres leased, may select for the pul'poso of a homestead in one block any laud within his lease of any qu:mtity not exceodiug one per cont. of the hnd held by him under pastoral lease, provided that the minimum qua,ntity shall be uot less than 500 ac1·os, and the maximum 5000 arres. 'l'ho terms and couclitions sl1all be the same as those hereinafter prescribed in respect of selection on "Special Areas," as to wl1ich see post.

22

CHAPTEL{ VIII.

LAND LAWS-(conlinuecl). Alienation in Fee. South-West Division

Conditional Purchase. HAVJNU thus considered the disposal of the Crown lands of the colony by way of pastoral lea ·c, it remains Lo set fol'th t he laws by which they may be acquired in fee. 'J'hcrc is a broad. di ~tinction as to the manner in which that may be :tecomiJli shed according to the Division in which the lands to be aealt with a re situate.

South-West Division. Fot· n 11 practil'al purposes the ali enatiou of lullll i 11

fee has boon, and wil l for a long time to come b,·, confi1red to this DivilliOn The method ad(lpted, it will be seen, of acquil'ing tl1c land is by deferred payments over a num ber of ye;:n·s, aud the performance of certain conditions.

The Governor may, by proclamation, set apart in the Division agriCllltural area~ and throw them open for set t lement. In accordance with such power, as ll:ts been a lrc::tdy , tated, 28 such areas, compris ing 1,019,977 acres have been thrown open, of that quantity 127,514 acres have been already selected. Before being opened up to selection the ageicul tural area is cut up into blocks of suit­able si"'c and surveyor!, btlt it ought to be borne in mind that the selector is not confined to these agri cultural areas ; he may select his farm outside of them, for FREE SELECTION rs rN .FOLWE 'l'HROIJG H OU'L' A LTJ nm SouTH- WEsT DtvrsroN.

The selection is called a condi ironal pul'cha ·e with clef e tTecl payments.

The CoNn r·rroNs AND PA.YUENTS arc as follows :­The n.pplicant m UHt be :1t least 18 years of a.g-e or

upwards . . rea-Ma:~.imum , I,OOOacLes; mini mum, 100 ac1·es, or

less in special ca~es when the sclectiun doe.· not corn prise 100 acre. . Whenl cs · than 1/100 acres is selected in the firJSt instau<;e the quantity deficient may be sub.·egucntly obtained.

The price is 10s. an acre, payable in 20 annual instal­ments. The fi r·st instalmeHt must accompany t be applic:ttion. On app rov:tl of application a. lea e for 20 years is issued.

23

Within 6 month.· of such approval, or from survey (if laud not .·urveycd before application), the lessee mu:;t take possessiou of lhe land personally, aud reside on it for the first 5 years at leltst G months in every year.

'L'h e lessee must, within the first 2 years, fence in one­tent h ; with in the first 5 years the whole of tl1e In-ne!, and must, within 10 years, expend in improvements on the lanc110s. an acre, exclusive of the eost of exterior fencing .

Default in paymo11t of any of the annual instalment.s in complying with any of the ·other conditiou:; exposes the le see to the forfeiture of his lease.

The lessee, however, who has Cllmplicd with all the conditions ancl paicl the whole of the purchase money is entitled to a Crown grant. at any time after the expiration of 5 years .

An applicant for a ·election by conditional pmchase who is already in occupation of rural la11Cl under any title whatever, anclrosicli ng thereon, may have t he t:onclition of restdence dispensed .with if tl1 e land applied is not more than 10 miles from his residence.

Applicants for lrLnl under conditional purchr ·e may have the condition of residence dispensed with on an expenditure of 20s. an acre Gll improvements.

All persons now or hereafte1· holding land subject Loa condition of residence may have that condition clispen ·eel with on a simibr expenditure.

In this Division land may be purchased by direct p:.ty­ment, as follows :-

Minimum areCL, lOO acres, maximum, 1,000 at:re:; if within an agriculltun.l area, ~.000 acres if outside , w·h ac·ea. Price, lOs. flll acre, 10 per ce11t . on applicatioll, and the balance wi thin one 1n onth after approval. T il e land must be fenced within :) years from stuvoy, and within 7 yea.rs fr.;m tha.t da.te Gs. an acre must be pent on improvements. Default in payment of the said balanc;e in 1 month or in making the feucing ami improvements as rcquil'ecl, entnils forfeiture, but on 1myment of the pur­chase money, aml 011 mn.ki11g sucl1 fencing and imprOI'e­ments, a Crown grant shall issuu.

24·

OHAP1'E11 IX.

Alienation of Land in the Divisions other than the South-West Spec.ial Areas.

IN the Gascoyno, North '\Vest, Kimberley, Eucla, ::tnd Eastern Divisions "Speeial .Areas" mn.y be set apa~·t and declared open for selection. No land in such Divisions, rx:eept in such " Special Areas," or under Clauses 53 and 55 on town sites, or reserved for public purposes, shall be alienod. In the Eucla and Eastern Divisions bnd, not only in such special areas, but lands within 40 miles of a rail­way, may be aliened for homesteads.

The conditions of such alienation on" Specia l _\rcn.s" <tre as follow :-

Applicant must be 18 years of age or upwards. Price not less than 10s. an acre, payable in 10 yearly

instalments.

Minimum area 100 acres; maximum 5000 acres . 'l'he whole of the land must be fenced in in 2 years. An amount~equal to 10s. an acre must be expended iu

improvements on the laud in addition to the cost of fencing.

Default in fencmg or in making the required improve­ments, or in payment of any of the n.nnual instal­ments, exposes to forfeiture.

But if at any t ime during the lease the fencing and improvements hn.ve been clone, a Crown gmnt shall issue on payment of the purchase-money.

UHAPTER X.

VI NEYARDS, ORCHARDS AND GARDENS. Fon the encourn.gcment of vineyards, orchal'ds, and gar­dens, land in blocks of not loss than 5 nor more th~tn 20 acres may be granted on the following concli~i ons :-Price 20s. an acre; land to be fenced n.nd at least one-tenth of it to be pln.ntccl or cultivated within three years. Default in complying with those conditions exposes to forfeiture of the land and the money paid. But if complied with a Crown grant shall issue.

CHA PTEH. XL

HOMESTEAD FARMS. Homesteads Act 1893. Village Sites.

Homestead Leases.

VvE now draw attentimt to the wonclerful liberality of the Western Australian Government, by w hi(:h any settler uan acquire a homestead and eau get money advanced by the Agricultural Bank to improve and cultivate it, so that be may earn off the homestead itself sufficient to mue t the small initial expense required. These at·e tl1e objects intended by the HomesteadR Act of' 189R, and t.he Agricul­tmal Bank Act of 1894, They indicate sympathy with the new arrival who has little or no means, but whose ~wxiety, to create a. home for himself and his family, is thus relieved. He gets his homestead practically for nothing. He is advanced money to imp1·ove and cultivate on the security of the improvements and cultivation on which the money is to be expended.

Homestead Farms. HouESTEAD areas may be proclaimed in the South West Division or in the Eastern or Eucla Division, if within 40 miles of a railway. Any person being the sole head of a family, or being a male who has attained tbe age of Ul years, and who is not already the owner of laud within the Colony exceeding in area 100 acres, may select a home­stead farm of 160 acres in an area ·et apart for the purpose.

If, however , the applicant is the holder of land within the Colony not exceeding i11 area 100 acres, and resides thereon, he may select such homestead frum land adjoining tl1at already held by him . Residence on the land already held by him will be deemed a compliance with the cond{_ tion of residence on the homestead.

The selector musL take possession iu person of the homestead farm within 6 months, and relilide npon it at least for 6 montl1s dming each of the first 5 years. Ill­ness, death, or other suffic-ient cause will dispeni e with the condition of residence.

26

Within the first two years the selector muRt expend £30 on lst, the erection of a house, or 2nd on clearing, or 3rd on clearing and cropping, or 4th in planting 2 acres of orchard or vineyard. And within the first 5 years he must fence quarter, and clear and crop at least one. eighth. And within the first 7 years must clear :tnd crop at least quarter, and fence in the whole of such homeste:td.

Nou-compli:tnce with these conditions will entai l forfeiture; but, if they are complied with, the selector will be entitled to a grant in fee simple of the homestead at the end of the seven yea1·s.

Where, however, the selector has resided ono year and has fulfilled all the other conditions, he may a.t any time before the expiration of the seve11 years obtain a grant in fee simple on the payment of 5s. per acre.

The interest of the selector cannot be seized or taken in execution before he has obtained his Crown grant. The selector may when he is entitled to his grant, but not before assign, transfer or mortgage his homestead.

The selector is not confined to his homestead, but may apply for such additional laud as he may require under the ordinary regulations.

Village Sites. Village sites in connection with homestead farm areas

may be proclaimed. Such sites shall consist of allotment:> of one acre each.

Each homestead farm selector may select one such village allotment without payment . Wh n entitled to hi Crown Gra.nt for the homestead fa1 ·m the selector of a,

village allotment is entitled also to a grant for t]Je lntter. On the petition of twelve selectors of village allot­

ments, r esidence on such allotments ·hall be cleell1ecl to be residence on the homestead farms respectively belongi ng to them. This is to provide for cases in w h ic..:b they mig-ht desire to live together, so as to have a cLUL·ch or sc;hool , or both, iu common.

Homestead Leases. Lands for homestead leases may be proclaimed . l:iuch

lands shall be of Class 2 and Class 3.

27

The term of a, home,·tead lease shall be 30 years, after whi ch the lessee obtain· a grant. in fee simple, on com­plying with the required conditions.

The area of a homestead lease shall out of the lauds Clause 2 be not lesR than 1,000 nol' more than 3,000 acres, and the rent shall be 2d. per acre for the fhst 15 years, and 3d. per acre during the rcma.i ncler of t he lease.

Th e area of a homestead lease shall out of the land· Class 3 be not les than 1,000 nor more than 5,000 acres, aud the rent shall be Id. pe1· acre for the first 15 years, and 2d. per ac1·e during the remainder of thf! lease.

The lessee having less than the maxim um area may increase it to that area from lands adjoining.

Any person of the age of 18 years may be lessee of a homestead lease.

No more than one homestead lease shall be held by one person.

The lessee must pay half the cost of survey, and can do so by equal payments extendi11g- ove1· the fil'st five years of his lease.

The lessee must pay his I'ell t annually on the 1st March. Within the first six months the lessee or some person

on his behalf must take possession, u,nd reside on the lease for 9 months in every year during the-first five years .

The lessee must fen ce in one-half t.he area within two year s, and the whole within the first four years.

The lessee must, fl'om the sixth to the fifteenth year, both inclusive, expend annually 81. an ncre on impl'ove­ments, increasing or improving the agricultul'al or pastoral capabilities of lanCl of Cln,ss 2, and 5d. an acre annually, during the same t im e, on similar improvements if the land be of Class 3. Wh e11 more t lmn the l'equired amount is expended in any one year, the excess shall be credited to the following ye[H' or yeat·s.

The lessee must keep the fence in repair. Failure to fulfi l any of these conditi ons entails for­

feiture . The lessee who ha.s fulfilled all the conditions is

entitled at the termination of the lease to a grant in fee simple.

28

The lessee who has paid half t.he cost of survey, l1is rent, and has fenced as required, and maintained the exterior fences, and who has expended on improvements a sum equal t.o the total rent payable for the last 25 years of the lease, and has complied with the conditions of resi­dence, may obtain his Crown grant immediatPly, on payment of a sum amounting to the difference between the tota.l amount of rent already paid a,nd the value of the land calculated at 6s. 3d. an acre if of Class 2, and 3s. 9d. an acre if of Class 3.

When the homestead lease has been fenced and resided on for :five years by the lessee or his deputy, the lessee may transfer the whole thereof to any person not already a homestead lessee. Such transferror cannot sub­dividll, but the transfer, if made bona fide as a security for money advanced merely is valid, even if the transferree is already the holder of another homestead lease or leases.

CHAPTER XII.

"AGRICULTURAL BANK ACT, 1894." The above Act has established an Agricultural Bank

for the purpose of advancing money on easy conditions to farmers, for the purpose of helping them to cultivate and make improvements. The interest cannot exceed 6 per cent. per annum, a very low rate for Western Australia . . The security, as already stated, consists of the improve­ments and cultivation, on which the money advanced is to be laid out on the land. The total money advanced must not be more than three-fourths of t.he fair estimated value of the improvements to be so made, and no loan for a sum greater than £800 can be made.

It can be easily seen how the interest of the home­stead selector can be furthered by the judicious use of the Agricultural Bank, indeed not only of the homestead selector, but of every farmer in the colony, for all farm ers may take advantage of the Bank if they require f'Ccommo­dation. The agricultural interest is so flourishing now, by reason of great pro"fits made on the cultivation of every product, that the Agricultural Bank is easy to deal with.

29

SUMMARY-CONCLUSION.

THE various provlswns regulating the disposal of land in Western Australia may be summarised as follows :-

The Government has power to lease them at a rent of from 5s. to 20s. per 1,000 acres in areas of not less than 3,000, 20,000, oe .50,000 acres. The rent and area depend on the division in which the lands are situate. But note that there is no limit to the maximum quantity that may be leased. Lessees in all the divisions except the South­West not having, within seven years after lease applied for in the division where the leased land lies, 10 head of sheep or one head of large stock, or who shall not, within that time have expended £5 in improvements for every 1,000 acres lease, shall have to pay double the rent fixed . J3ut the possession of the amount of stock maintained by a lessee in the Kimberley Division or in the western part of the Eucla Division will confer a right to a remission of one half the rent.

TnE EucLA AND EAS'rE11N DtviSIONs do not offer much inducement for sheep or cattle farming, but in the other divi sions it is different. There the land available is prac­tically unlimited, while the West Australian market for ht stock is the best in Australia-- a market depending on a consumption which is increasing more rapidly than the supply.

But for persons intent vn agriculture or combined agrieulture and grazing, Western Australia offers ideal opportunities.

The farmer may anywhere in the South-West take up his selection-conditional purchase by deferred payment, as it is called. The payment is 10s., in 20 annual iustlil.l­mcnts. The conditions are residence on the selection for the fi1·st 5 years, fencing in the same time the whole of the lnnd, and expending within 10 years on the land in impi·oyements 10s. an acre, in addition to the cost of exterior fencing. The conditions of resi deuce may be dis­pensed with provided 20s. an acre be expended in improve­ments.

30

This selection, as stated, may be made on agricultural area, surveyed and th1'own up, or ma.y be n;ade arrywhere in the South -West Division, for free selection is in fo rce a ll over th ;; South-·w est Division. In the other Divisions only land in a " special area" ma.y be selected.

Lands in the South-vVest Division may be acquired by direct payment, as fo llows :- Price, 10s. an acre, 10 per cent. to be pr~id at the t ime of applica.tion, and the balance within 1 month after approval. The land must be fenced with m l3 years, and within 7 y<'aJ·s 5;;:. a.n acre mu t be spent in improvements on it.

Land for vineyards, orchards and gardens may also be acquired in blocks of not less than 5 or more t han 20 acres, for 20s. an acre. The land must be fenced in within 3 years, and one-tenth of it must be planted or cultivated.

The operation of the homestead law gives to every person an opportunity of acquiring a farm on the easiest terms. For this purpose homestead areas are thrown open from a homestead farm of 160 acres ma.y be selected; the selector must reside on it for 5 years. Within 2 years the selector must expend £30 on building a house, or in clear­ing or cropping, m in li eu thereof must plant 2 acres of vineyard or orchard, and within 5 years must fence in one­fourth and clear and crop one-eighth of the land, and with­in 7 years must clear and crop one-fourth, and fence in the whole of the land.

Land may also be set apart for homestead leases. Such leases hall be of an area of no t less than 1000, nor more than 5000 acres, according to the quality of the land.

Such leases shall be for 30 years, and the rent shall be from ld. or 2d. a11 acre for the first 15 years, to 2d. ot· :3d. an fl.cre for the last 15 years, according to classification (as madfl by the Minister) of the land leased.

Agricultural Bank.

Bu•r perhaps the most usefnl provisions in f01·ce in W estern Australifl. affecting the farmer arc thoRe that established t he AgricultUl·al Bank. By it a]] ngt·iculturists, condi t ionfl.l purchasers, and homestead selectors about to make improve­:neutSI will be advanced thl'ee-fonrths (b nt not more thm1

31

£800) of the fair est.imated value of them. This will enable tbe fn.rmer to start. Tlms the liberalitv of the Govemment gives the lwmestead for nothing, except the recording fee on 011e pound, ftnd advances money to culti­vate. With the high prices prevailing for everytl1ing, the farm er has to sell, and with railways everywhere to bring hiR produce to good markets, he is in a position ftt once to pay his way, and short ly become ind ependent. Among the population are farmers who have gone on the laud witl1011t ftl1Y capital, and who are now wealthy. Indeed in Western Australia all t he conditions exist calculated to make the farmer prosperolil s.

Tbe Minister hopes to introduce at the next Session of Parliament a "Consohdating and Amending Land Bill" which will bring all the present Statutes and Regulations dea.l ing with land in to convenient form, and at the same time sundry necessa1·y amendments, mainly in the direction of liberalising the Regulations, will be made.

It is proposed to allow free selection of Homestead Farms, mid not confine them to Agricultural Areas as at present, and provis ion wi1l also be made for granting Blocks to working men on easy terms, somewhat similar to those under whltt is known as the "Blocker" syst.em in South Australia. . ·

It is also intended to throw open the Pastoral Lands on the E:tstern Goldfields which have been closed to selectors for some years .