Colony appeared to require. A law for applying the form of proceeding in criminal issues by petty juries composed of the inhabitants of the Colony would be proposed. A Bill for granting certain powers to Commissioners for determining the claims to deeds of grant of Crown Lands occupied by permission of former Governors, but without the regular title by deed under the Seal of the Colony, would be submitted. A Bill would also be presented for vesting in the Government the property in the tunnel for conducting water to Sydney, for preventing nuisances thereto, and for appropriating any land or water which might thereafter be required in furtherance of the tunnel. Bills for facilitating the extension of public and private roads, for establishing a more efficient police within the town of Sydney, rapidly increasing both in population and extent; for taking the census; and~~ for the application of certain late English Statutes, would require careful consideration. An Abstract of the Revenue and Expenditure of 1832, together with a statement of payments made from the balance in the Colonial Treasury at the close of 1831, also the Estimates for 1834, would be laid before the Council. The improving state of the public Revenue would be noted with satisfaction; the Customs Duties had reached a sum to which they had never before amounted; nor were there wanting other indications of the growing prosperity of the Colony. Buildings were rising rapidly in Sydney and other towns; cultivation was extending; in many branches of agriculture the rate of profit had advanced; and capital, prudently invested, obtained here a return unknown in other countries. This fact would not long escape the attention of wealthy capitalists in Europe; whilst the great increase in number of free and unassisted emigrants of the middle class who had lately arrived showed that the advantages which the Colony possessed over most of the known countries in the world were beginning to be generally felt. The great roads lately designed by the Surveyor-General (Major Mitchell) were in course of construction, upon principles such as to admit the future application of steam, whenever the contemplated improvements in that impelling power, and the increased wealth and intercourse of the country, should render such a mode of inland carriage available.

The Abstract of Revenue and Expenditure showed that in 1832 the total Receipts amounted to £135,909 15s. 64d.; the total Disbursements to £126,909 15s. 6d. ; leaving a balance of £9,000 available for future disposal. In his minute

explanatory of the Estimates for 1834 the Governor stated that the whole estimated charge for 1834 amounted to £114,208 14s. 6d., and the Ways and Means for defraying it to £134,250; there resulted, therefore, a surplus in favour of the Colony amounting to £20,041 5s. 6d., to which would be added whatever balance of revenue over expenditure remained in the Treasury at the close of that year (1833).

A return was also laid before the Council showing that during the years from 1829 to 1832 inclusive, 2,544 emigrants, without bounty or advance, had arrived in the Colony; and that under the arrangements sanctioned by His Majesty's Government 792 emigrants had arrived in 1832, at a cost of £5,256 6s. 9d.

On 4th July the Council passed a Bill for protecting from encroachment and damage, and for facilitating the formation of the tunnel for supplying Sydney with water. On 9th July a Census Bill was passed.

The Estimates were considered in Committee on the 25th June, and for several sessions thereafter Mr. Blaxland protested (as before) against the Estimate for a Resident at New Zealand, and against that for the Colonial Secretary for services performed in England. On 11th July, the Estimates having been passed, the Appropriation Bill was laid by the Governor before the Council; and on the 19th July it was read a third time and passed.

On 17th July the Governor laid upon the table a Bill to continue for a limited time the Jury Act; together with a minute explaining that the measure then introduced was of necessity incomplete, and that on the arrival of an order of the King in Council for the establishment of Circuit Courts, further instructions were hoped for, which would enable the Governor to introduce a more general and comprehensive Bill. During the consideration of the Bill in Committee a resolution was passed that the Governor be requested to apply to the Judges of the Supreme Court for their opinions as to whether a person who had been convicted of a felony or transportable offence, and whose sentence had expired, or been remitted by an absolute or conditional pardon, was legally qualified to sit upon a jury in England. On 9th August His Excellency laid upon the table the opinion of the Judges. This was to the effect that all persons who, having been convicted of any transportable offence not being felony or such crime as was accounted in law infamous, had received an absolute

pardon or a conditional pardon, and had performed the condition or endured the punishment for the same, would be holden qualified. In the Bill a provision was inserted embodying the principle affirmed by the Judges, and thus admitting the Emancipists to serve on civil and criminal juries. On 28th August the Bill was read a third time, and, by a majority of 7 to 6, passed.

An "Act for appointing and empowering Commissioners to hear and determine upon claims to grants of land under the great seal of the Colony of New South Wales" was passed on 28th August. Also, on the same day, "An Act for protecting the Crown Lands of this Colony from encroachment, intrusion, and trespass."

On 28th August a committee which had been appointed on 12th July, to examine certain plans and report relating to the construction of a quay at the head of Sydney Cove," brought up their report. They had examined several witnesses (including the Surveyor-General), but had not been able to arrive at a final determination as to the practicability of the undertaking. They, therefore, submitted a provisional report; and requested permission to sit during the recess, so as to be enabled to make their final report at the next assembling of the Council.

On the same day the Committee appointed on 18th June to report the means by which the progress of the tunnel for conducting water to Sydney might be accelerated, and the supply rendered more generally useful by leading it to public fountains, or to private houses, upon payment of a regulated rate, brought up their report in favour of the completion of the work.

The Council then (28th August) adjourned sine die.

The Session of 1834 opened on 13th March. The Governor said that he had summoned the Council thus early, in order to remedy by a Legislative enactment an omission by the magistrates in the preparation of the jury lists. It was also necessary to call their attention to the expediency of continuing the Robbers and Housebreakers Act, which would shortly expire. Although very stringent in its provisions, this measure was absolutely necessary for the security of the lives and property of the Colonists.

The Bill extending the time for preparing the jury lists was then passed through its several stages. On the 8th April the Bill to continue the Robbers and Housebreakers Act also passed through all its stages.

A return of the number of free emigrants who had arrived during the years 1829 to 1833 inclusive-laid on the table on 13th March-showed that 1,432 unassisted emigrants had arrived during 1833, and under the bounty system, 1,253 in the same year. The total number for the years specified was 6,021, of which 3,976 were unassisted, and 2,045 assisted.

On 30th May-Mr. John George Nathaniel Gibbes, Collector of Customs-was sworn in as a member of the Council.

He

His Excellency the Governor then read an Address, in which he stated that the period of the year had arrived at which he was commanded by His Majesty to lay before the Council the Estimates of Expenditure for the next year. proposed also to bring before them such legislative enactments as the circumstances of the Colony appeared to require. A Usury Bill; Bills for the regulation of the Marriage Law; for suppressing robbery and bushranging; and for the amendment of the Quarter Sessions-were to be introduced. The Church and School Lands Corporation had since the last Session of Council been dissolved; and the lands, which had been granted by the Crown under seal to the Corporation, had reverted to His Majesty, subject to mortgages and contracts for sale, to be held and applied in such manner as should be most conducive to the maintenance and promotion of religion, and the education of youth in the Colony. The lands would in time produce a considerable revenue, and at no distant period might contribute largely to the purposes for which they had been resumed by the Crown. Whilst a more comprehensive arrangement was pending, it was hoped that the Government would keep up all those schools established by the Corporation. The support of the Clergy and Churches would have to be provided, as heretofore, from the revenues of the Colony. In taking possession of the chattels of the late Corporation a Bill would be laid before the Council to empower the Agent for the Crown to act in the collection of sums due. The public roads of the Colony had been extended in the north, south, and west, and local improvements had also been effected. The Estimates for 1835 would be laid before the Council; also an Abstract of the Revenue and Expenditure of 1834. The prosperity of the Colony was unprecedented, and the Revenue had been productive beyond any former experience, whilst the arrival of free emigrants from Great Britain in great numbers strongly indicated the rising importance of New South Wales.

By the Abstract for 1833, referred to in the Speech, it was shown that the receipts for that year, exclusive of the revenue arising from Crown Lands, amounted to £138,719 4s. 1d.; a balance of £9,000, from 1832, increased this to £147,719 4s. 1d. The disbursements amounted to £131,184 14s., leaving a balance of £16,534 10s. 1d. The total estimated expenditure for 1835 was £132,790 16s. 5d; the Ways and Means to meet this charge were £147,344 14s. 1s., leaving a balance of £14,553 17s. 8d.

During the month of July the Estimates were considered and the Appropriation Bill was passed through the Council; protests against certain sums being reiterated by Mr. John Blaxland; a protest was also made against the payment of £2,000 as salary to the Archdeacon.

On 18th July His Excellency the Governor laid upon the table a Bill for regulating the affairs of the late Church and School Lands Corporation. The Bill, having passed its intermediate stages, was read a third time and passed on 5th August. By this Act (5 Gul. IV. No. 11.) all lands and other property belonging to the late Corporation were declared to be vested in His Majesty; and an agent (with certain specific powers) was to be appointed by the Governor.

The questions dealt with during the rest of the Session, which closed on 29th October, were mainly of a local character.

The Session of 1835 was opened by the Governor on 18th May. The Speech stated that a Bill had been prepared to renew, in a simpler form than at present, the enactment of 1833, which would shortly expire, appointing Commissioners to investigate and report upon claims to grants of land alienated by the Crown. A Bill for the better regulation of the Post Office would be presented. The reduction of postage rates was proposed; this, in conjunction with a safe and expeditious conveyance of the mails, would tend rather to increase than diminish the revenue of the department. The charge on colonial newspapers was proposed to be removed. It would be necessary, in the absence of an expected communication from the Home Government, to renew for a short time the present Jury Act. Abstracts of the Revenue and Expenditure for 1834 would be laid befere the Council, the Estimates for 1836, and a Supplementary Estimate for 1835. To provide for the maintenance of the police and gaol establishments of the Colony, the surplus of the land revenue and of the other casual Crown