95,822 cattle, 41,390 horses, and 25,083 pigs. The districts which contained the largest number of sheep were:—North, 683,631; Gascoyne, 314,044; Champion Bay, 298,214; Toodyay, 137,715; Irwin, 135,259; York, 121,250; Williams, 117,640; Plantagenet, 116,607; and Kimberley (East and West), 88,488. In 1888, Kimberley, with 20,260, contained more cattle than any other district, the next largest being the North district, with 16,209 animals.
The first few bands of pioneers in the Kimberley district were not wholly satisfied with the special land regulations which had been issued, and they considered that the clause compelling them to stock every thousand acres with twenty sheep, or two cattle or horses, was burdensome and harsh. Mr. John Forrest, the new Surveyor-General and Commissioner of Crown Lands, who infused considerable spirit into his department, extended his sympathy to the pastoralists. After his visit to the Kimberley district in 1883, he says in a communication to the Governor:—"The pioneers, and those who bear the heat and burden of the day, have my entire sympathy, and if Your Excellency can in any way give them concessions you may rest assured that you are rendering assistance to those who are in need of it and deserve it. I do not think the Kimberley district will ever be covered with flocks and herds by legislative enactments." While in favour of a stocking clause, he observes that —" .... these are not the days when people are willing to leave capital unutilised for any length of time, and if land is worth developing it will soon be stocked." He inferred that the regulations for stocking should be liberalised. The Secretary for the Colonies had already been communicated with concerning the claims of the Kimberley pastoralists, and he instructed Governor Broome to invite the Legislative Council to discuss them, and to remit him any decision members might come to. A Select Committee, comprised of Surveyor-General Forrest, Messrs. Lee-Steere, McRae, Marmion, Wittenoom, Carey, Brown, and Sir T.C. Campbell, was appointed, and reported on 14th August, 1883. It was recommended that the stock required to comply with the regulations be reduced to ten head of sheep, or one head of large stock, per 1000 acres; that the possession of the stock by the lessee in the district be considered sufficient; and that it be not necessary to depasture the stock on each and every lease. The Committee pointed out in the last instance that it was a common practice for persons of small means to rent or mortgage their stock, so that it would be very difficult in such cases to make a declaration that the stock was actually the property of the lessee. Further, they advised that four years from the commencement of the lease be a sufficiently long time in which to comply with the stocking regulations; but to meet cases of delay they recommended an additional extension of three years upon payment of a double rental, in lieu of which the lease should be forfeited.
Previous to this, in October, 1882, revised land regulations for the whole of the colony had been proclaimed. Except for permitting three instead of two years, in which lessees were allowed to fulfil the stocking conditions, they did not materially alter the character of those dealing with the new Kimberley district. One of the first provisions disallowed public officers from purchasing or leasing Crown lands (other than town lots) without permission from the Governor in writing, and no officer of the Survey Department could, under any circumstances, purchase or lease or otherwise acquire, directly or indirectly, any interest in Crown lands. Forfeited lands were offered at auction for the remainder of the term for which they were issued, at rentals determined by the Commissioner, but not less than those payable by the original tenants. The colony was now divided into five districts—Kimberley making the fifth. The minimum price of rural lands remained the same as under the regulations of 1878, but slight amendments were made as to payment. Under the Special Occupation clause sections of not less than 100 acres might be taken up on conditions of deferred payment and improvements at ten shillings per acre; the land must be fenced, and at least a quarter of the area cleared and cropped before a Crown grant could be claimed. Subletting or transfer, except with the consent of the Commissioner, was prohibited. If the requisite improvements were not made at the expiration of ten years the licensee was allowed to hold the land upon a rental of one shilling per acre, but no Crown grant was issued until the improvements were made. Vineyard, orchard, or garden lands were sold in blocks of not less than ten acres at ten shillings per acre.
Pastoral lands still consisted of two classes, Kimberley lands being included in the second class. The conditions of leasing were not materially altered. No leases were allowed to extend beyond 1893, but a lessee could pre-empt during the first seven years of his lease any land on his run which he might desire, on the following terms:—(1) All unconditional pre-emptive rights to be for the term of the lease, unless purchased sooner. (2) The selection to be in blocks of not less than 1,000 acres, at a rental of £5 for each 1,000 acres, payable in advance annually. (3) These rights might be redeemed in fee in the Northern district within the first seven years by payment of five shillings, and during the remainder of the term of ten shillings for each acre redeemed, and in the Central, Eastern, and South-Eastern districts within the first seven years by payment of 2s. 6d., and during the remainder of the term of 5s. for each acre redeemed. All rents had to be paid within sixty days after they were due, under penalty of forfeiture of lease and improvements, with a fine of 25 per cent. added. Lessees were entitled to the value of improvements on lands taken from them by purchasers. A lessee not obtaining a renewal of his lease when applied for in accordance with these regulations was entitled to compensation from the purchaser or succeeding lessee for all improvements made by him. The regulations dealing with poison and mineral lands remained as in 1878, but timber licenses were slightly modified. No provision was made for volunteers, but for immigrants the certificate for a town lot was made exchangeable for a Crown grant when all the conditions were complied with.
Mr. Forrest was not satisfied with these regulations, and he was very frank in his disapproval. In his report of 21st March, 1883, he condemned the policy which permitted and compelled lessees to protect their interests by purchasing all the springs and waterholes on their selection, so as to secure their runs from outside purchasers. State property was thereby monopolised and injured. "Large districts," he asserted, "have had their eyes picked out of them by the lessees, in very small blocks, simply because they were allowed, and almost compelled, to purchase to protect their runs." Then, he asks, "How much better would it have been if the lessees had been given ordinary and reasonable protection, so that their capital could have been devoted to stocking and improving their runs; and how much better for the colony to have received back, after a stated period, the property that had been leased in an improved condition intact?" He thought "free and unfettered" election by purchase had proved
