Governors of New South Wales, were subjects brought by
Arthur before his Council before the end of 1881.
It is worthy of remark, that in 1830 Colonel Arthur led the way in enacting that the Usury Law in force in England at the date of the Constitution Act (25th July 1828) should not apply, and should be held not to have applied, to Van Diemen's Land. Several years afterwards the Legislative Council of New South Wales passed a similar law.
The invalidity of grants made by governors in their own instead of in the Queen's name was an evil in both colonies. When the defect was discovered in Van Diemen's Land (1829) Arthur prudently concealed it until he obtained (in 1830) authority under a royal warrant to correct it. He did not, however, sanction all claims by a general Act. He preferred the more laborious and protracted, but more just, means of testing each grant, many frauds having been brought to light, and many errors. To have attempted to confirm all grants would have been absurd, and in some cases impossible, for the descriptions were so conflicting that where there were many contiguous blocks, the presumed area of one had often been already included in the description of another. So slovenly had been the practice that settlers were found occupying places to which they had no title, and bitter complaints were made of resumptions by the government. Though determined upon in 1830, the labours of the board appointed by Arthur were not undertaken till 1882. When the Colonial Office resolved in 1831 that all land should be sold by auction, the cessation of free grants, and the upset price of five shillings an acre, did not please Arthur. There was no undue tendency to dispersion in Van Diemen's Land, he said. The one thing he could do to counteract Lord Goderich's[1] regulations he did. He lavishly exercised his power to grant lands before the new regulations could come into force.
The collection of quit-rents was as difficult in Van Diemen's Land as in New South Wales. Debts at first neglected, and afterwards evaded, caused an accumulation of arrears. Composition was proposed by the government. Remissions were petitioned for by the holders of land. Those who redeemed their grants were dissatisfied when
- ↑ Afterwards (in 1833) Lord Ripon.
