240 HISTORY, GOVERNMENT, ETC., 



of his wish to obtain it, and the use to which he purposes to put it; the 

 land is then advertised to be sold on a certain day (of the month), at 

 public auction. If the land offered for sale happen to be in the neigh- 

 bourhood of some wealthy proprietor, he cannot fail to become informed 

 of it; the section is bid up, and the person may be disappointed in 

 obtaining the allotment selected and advertised by his own desire. 



The minimum price must be paid, at any rate : this originally was 

 five shillings an acre ; it is now twelve. Ten per cent, must be paid 

 down, and the remainder in one month, or the deposit is forfeited. 

 On payment of the money the title-deed is given, subject to the 

 nominal quit-rent of a peppercorn. Before delivery of the deeds, the 

 law provides that forty shillings shall be paid to the colonial secre- 

 tary, and five shillings to the register. The crown reserves to itself 

 the right of making roads and bridges, as well as of taking timber, 

 stone, and other materials for making and keeping them in repair ; as 

 well as all mines of coal and precious metals. No land within one 

 hundred feet of high-water mark on the sea-coast, harbours, or bays, 

 is to be considered open to purchase, unless for purposes of commerce 

 and navigation. 



As respects the discontents arising from what the colonists call the 

 misapplication of the land-fund, her Majesty's ministers have deter- 

 mined that she has a right to alienate the waste lands, and divert the 

 appropriation of the proceeds, and that the doubts raised would, if 

 sustained, be laid aside by a declaratory act of Parliament. 



All free persons are admitted as purchasers of land, without any 

 limitation whatever as to quantity. 



In order to show that the statement of the extent of crime in the 

 colony, however extraordinary it may appear, is not exaggerated, I 

 will give extracts from the charge of Judge Burton to the jury, at the 

 close of the session of the Supreme Court, in November, 1835, and 

 afterwards a report by him to the colonial secretary, in 1836. Both of 

 these may be classed as official documents of the highest authority.* 



Judge Burton remarked, that " It was now his duty to discharge 

 them (the jury) from any further attendance this session, but before 

 he did so, he must make a few observations, which they ought to 

 carry to their homes, and there give them a calm and serious con- 

 sideration ; his own mind was sufficiently impressed with their 

 importance. 



" It had been his lot to preside alternately with his brother judges in 



* See Appendix X. for tabular statements of crime in New South Wales. 



