were wholly dependent upon a small watercourse, then known as the "Tank Stream," which ran about midway between George and Pitt streets. "To Mr. James Busby, mineral surveyor, was entrusted in 1827 the task of ascertaining the best means of procuring a supply of water for the rapidly increasing town. He recommended, as the cheapest and most available plan, that the swamps between Sydney and Botany should be tapped by a tunnel; and his proposal having been assented to, he was commissioned to carry out the undertaking." This he did shortly after, chiefly by the employment of prison labour; and the supply of water proved to be excellent in quality, and sufficient in quantity to meet the citizens' requirements for many years after.

In this year, also, the first regular system for the conveyance of mails by contract was brought into operation. The first Colonial-built steamer was launched in 1831; and the first Colonial steam company-the Australian Steam Conveyance Company-was formed.

On 2nd August, 1831, it was officially notified in the Sydney Gazette that in future Crown Lands would be disposed of by auction sale only, and at a minimum price of 5s. per acre. A deposit of 10 per cent, and the balance in one month, were the conditions to be observed by the purchaser; failing which the deposit was to be forfeited, and the land re-submitted for sale. No land within 100 feet of high-water mark (except for purposes of commerce or navigation) was to be open for purchase. Crown Lands would be leased by auction in acre lots, at the rate of 20s. per year. Lands so leased would be open to purchase; and in the event of their being sold must be surrendered by the lessee upon a month's notice.

The separation of Van Diemen's Land from New South Wales took place in 1825. General Darling, on his way to New South Wales, proclaimed the independence of the Island; Executive and Legislative Councils were appointed; and the powers and machinery of the Government made to correspond with those of New South Wales.

On 14th October, 1831, the Legislative Council adopted a valedictory address to the Governor (General Darling), who had received his recall. On 22nd October, he embarked for England; and, till the arrival of his successor, Colonel Lindesay acted as Administrator of the Governmeut.

The following figures, showing the state of the Colony during the successive years of Governor Darling's administration, are taken from the Registrar-General's Returns :

CHAPTER VII.

GOVERNOR SIR RICHARD BOURKE.-1831-1837.

Sir Richard Bourke-Meeting of Legislative Council-The First Appropriation Bill- The Government Gazette-Session of 1833-The Jury Act-Session of 1834-Church and School Lands-Session of 1835-Claims to Grants of Land Bill-Committee on Immigration Session of 1836- Trial by Jury-Crown Lands Occupation Bill - New Government House-Circular Wharf at Sydney Cove-Darlinghurst Gaol-Session of 1837-The Port Phillip District-Dr. Lang and Immigration--Major Mitchell's Explorations-Statue to Sir Richard Bourke-Statistics.

MAJOR-GENERAL SIR RICHARD BOURKE, K.C.B., arrived in the Colony on December 2, 1831.

On 19th January, 1832, the Legislative Council met, pursuant to summons. His Excellency the Governor delivered an Opening Speech. Several Bills would be laid before the Council, some of which required immediate attention. Among these was a Bill for regulating the Constitution of Juries, which in the previous year had been brought before the Council, but not finally passed. The Jury Act of 1829 had expired at the close of 1831; there was therefore no law in force whereby a jury could be empanelled, so that it was necessary, without delay, to pass the Bill. The Governor hoped, early in the next year, to lay before the Council a Bill for the further extension of the Jury system, and to announce that His Majesty had been pleased to institute Circuit Courts within the Colony. An Abstract of the Revenue and Expenditure would be submitted, as also Estimates of the Probable Expenditure of the current year and of the Supplies by which the expenditure was to be defrayed. The Revenue of the last year had been unusually productive, and a considerable balance remained in the Treasury after discharging all demands against it. After the Estimates had been discussed an Act of Appropriation would be submitted. Provision for the support of public schools and places of religious worship, the formation of roads, and the repairs and erection of public buildings required particular attention. In the Estimates for the current year was placed the probable amount of the sales and rents of the Crown Lands. The Act of Parliament did not require that these revenues should be

D

appropriated with the advice and consent of the Legislative Council. They were, however, made part of the Ways and Means; and it was recommended that a considerable portion should be devoted to the introduction of free labourers from the United Kingdom, under the direction of the Emigration Commissioners sitting in London. No great progress had yet been made in the disposal of Crown Lands under the late Royal Instructions. The new system would be strictly adhered to, and it would tend to the improvement of the Colony in the most essential respects. Certain Bills-for the relief of debtors, for the regulation of the Savings Banks, and for remedying the injury sustained by the use of fraudulent weights and measures, would be submitted.

The Abstracts of Revenue and Expenditure referred to in the Speech showed that for 1831 the total amount of Receipts (including a balance from the previous year of £12,427 3s. 3d.) was £135,281 16s. 3d.; of Disbursements, £98,696 19s. 11 d., leaving a balance of £36,584 16s. 41d. The total Estimated Expenditure for 1832 was £127,476 14s. 7d.

On 3rd February the Act for Regulating the Constitution of Juries was passed. Jurors were required to have an income of £30 per annum, or a personal estate of at least £300. Every man who had been attainted of any treason or felony, or convicted of any infamous crime (unless he had received for such crime a pardon, or the full term should have expired for which he had been sentenced to be transported), and every man of bad fame or immoral character, was disqualified from serving on a Jury.

The Estimates for 1832 passed through the Committee in February; and on 16th March the Governor laid upon the Table "A Bill for applying certain sums arising from the Revenue receivable in New South Wales to the service of the said Colony for 1832, and for further appropriating the said Revenue." This-the first Appropriation Bill-passed and was assented to on 21st March. One of the items appropriated was a sum not exceeding £6,400 to defray the expense of bringing out female farm-servants from the agricultural Counties of England, at the rate of £8 per head, under the direction of the Commissioners of Emigration sitting in London.

On 5th March it was notified in the Sydney Gazette that "on 7th instant and on every succeeding Wednesday an official paper intituled the New South Wales Government Gazette would be issued, consisting wholly of the following

particulars, viz. :-1. All official notifications connected with the public service; where the charge would be defrayed by the Government. 2. All such advertisements as might be sent to the printer respecting insolvents, sheriff's sales and executions, poundkeeper's notices, and all other notices and advertisements from public departments; where the cost fell upon the parties concerned."

On 25th September, Mr. Archibald Bell, of Belmont, took his seat as a member of the Council.

On 27th September, His Excellency Sir Richard Bourke laid before the Legislative Council an extract from a despatch of the Secretary of State, dated 4th March. It notified His Majesty's desire that before the expiration of June in each year an Estimate of Expenditure for the ensuing year should be submitted by the Governor to the Legislative Council. If the Estimate should be concurred in by a majority of the Council, it was to be passed in the form of an Ordinance and transmitted at once for the King's approval and confirmation. Should the Estimate be rejected, the Governor was to request to be furnished by the dissentients with such an Estimate as they proposed to substitute. Both Estimates were then to be transmitted to the Secretary of State, together with the reasons which the Governor and those of the Councillors agreeing with him might allege in support of their Estimates; as also the reasons stated by the majority of the Council opposed thereto.

A minute of the Governor "explanatory of the several heads of Expenditure, and of Ways and Means, as estimated for the year 1833," was also submitted. The concluding paragraph stated that the Revenue for 1833 being taken at £119,515 5s. 8d., and the Expenditure at £110,252 7s. 9d., there resulted a surplus of £9,262 17s. 11d., which it was expected would be much more than sufficient to cover any failure of Revenue, or unlooked for expense, during 1833.

In the first week of October the Estimates were passed; protests against several items, by Mr. John Blaxland, being forwarded to the Secretary of State. The Appropriation Bill was introduced on 11th, and passed and assented to on 13th October, on which latter date the Council adjourned sine die.

The Session of 1833 was opened on 27th May, by the Governor (Sir Richard Bourke), whose address stated that he had called the Council together to lay before them, in obedience to the King's commands, the Estimates for 1834; and to propose for consideration such legislative enactments as the