Part Twenty-one

It now becomes necessary to carefully read the forms of grant deeds issued by the various Governors-in-chief, because these deeds contain many onerous conditions. Many of the grantees made strenuous endeavours with those in power to have these conditions allowed to remain a dead letter.

The bona-fide settler easily complied with all the conditions, because it was his business to make the best use of the area for which he obtained a grant, but the great army of speculators, merchants, public servants and those who prefer to live in comfort in the town of Hobart Town and Launceston found it most irksome and unprofitable to keep to the letter of the bargain, and were always in dread that a day of reckoning would come. The first Quit rents began to be due about the year 1810, and Governor Arthur calculated that if every person liable paid the quit rent due, the government would receive an annual sum of £13,000, but when a portion of the settlers were let off, the others soon became restive and at last Governor Arthur made a decision that no quit-rent should be demanded from persons who obtained their grants anterior to the year 1825. With great difficulty a portion of the amount due was annually collected and some grants were cancelled for non-payment, but ultimately the Government gave up the collection, and an act was ultimately passed with great unanimity to abolish quit rents.

The following is an exact copy of a grant deed issued by Governor-in-chief, Philip Gidley King, Esq., in 1805, to Henry Hayes an ancestor of our present Premier. The conditions in the grants issued by Governor Macquarie were precisely similar to those of Governor King. 1

By His Excellency, Philip Gidley King Esq., Captain, General, and Governor-in-chief in and over His Majesty's territory of New South Wales and it's dependencies.

Whereas: full Power and Authority for Granting Lands in the Territory of New South Wales to such persons as may be desirous of becoming settlers therein, is vested in His Majesty's Captain, General and Governor-in-chief in and over the said Territory and it's Dependencies by His Majesty's instructions, under the Royal Sign Manual, bearing date respectively the twenty-fifth day of April, 1787, and twentieth day of August, 1789;

In pursuance of the Power and Authority vested in me as aforesaid, I do by these presents give and grant unto Henry Hayes, his heirs and assigns to have and to hold forever, 100 acres of land lying and situate on the river Derwent, Van Diemens Land, bounded on the east by Mill Farm, West by Whitchurch Farm, North by the Rivulet, and south by un-allotted ground, the said 100 acres of land known to be by the Henrietta Farm and to be had and held by him, the said Henry Hayes his Heirs and Assigns, free from all Fees, Taxes, Quit Rents and other acknowledgments, for the space of 5 years from the date hereof, such Timber as may be now growing or what may grow hereafter upon the said lands, which may be deemed fit for naval purposes to be reserved for the use of the Crown, and paying an annual Quit Rent of 2/6 after the term or time of 5 years here-in-before mentioned, and as the design in granting these lands is to promote the clearing and cultivation of the country should the ground hereby granted continue for one year unoccupied by the said Henry Hayes, his Heirs or Assigns after the delivery of the deed, or that such steps have not been taken to forward the end for which it has been given as the length of time might reasonably admit, in such case it shall revert to the Crown, and it is hereby further provided that any sale or conveyance of the said lands before the expiration of 75 years from this state shall be null and void, and the said lands shall in each case revert to His Majesty, his Heirs and Successors, except it shall be certified under the hand of the Governor, (or, in his absence, the Lieut.-Governor) for the time being, that the same was made with his consent.

In Testimony whereof I have hereunto set my hand and the Seal of the Territory at Government House, Sydney in New South Wales, this 18th day of December in the year of our lord 1805.

---- Philip Gidley King.

Signed and sealed in our presence,
John P. Cassidy, David Dickenson Mann.

Registered in the Secretary's Office,
G. Blackwell,
Acting Secretary.

Bearings, North and East, E. and W. Distances 59 ch. 00 l., 17 ch. 00 l. Reserving a road one chain broad east and west communicating with the Mill Farm.

Locations