Land Ownership Timeline in New South Wales

Researching New South Wales land ownership is complicated by the changing regulations and historical events of the time, and it pays to know what regulations were in force at the time of purchase or transfer of ownership.

Here is a brief timeline of the land regulations and events that affected land holders at the time.

1788 – First settlers arrived in Sydney Cove. Governor Phillip was empowered to grant 30 acres of land to freed convicts, with an additional 20 acres if married and 10 acres per child.

1789 – Non-commissioned officers and privates were entitled to receive an additional 50 acres to encourage them to settle.

1792 – First free grants of land were made.

1810 - Many land grants had been made before Governor Macquarie’s arrival to replace the deposed Governor Bligh. Macquarie revoked many of these, although most were reinstated.

1825 – Orders received for a general survey of the 19 Counties of the Colony. Introduction of fees for large grants of land.

1826 – Land could only be taken up within the ‘limits of location’ within the 19 Counties.

1831 – Free grants abolished; land had to be purchased through public auction.

1833The Encroachment Act allowed for the appointment of 13 Commissioners of Crown Lands in an attempt to curb the settlement of Crown land (squatting) outside the 19 Counties.

1834 – Survey of the 19 Counties completed.

1836 – First act passed to formalise grazing rights beyond the 19 Counties for leases of £10 per year.

1847 – Colony was divided into Settled, Intermediate and Unsettled categories, with leases available for one, eight and fourteen years respectively.

1856 – Responsible Government granted to the Colony of New South Wales. Requests for land dealt with by Surveyor General rather than the Colonial Secretary.

1859 – Lands Department established under John Robertson.

1861Crown Lands Alienation Act introduced ‘free selection before survey’, or Conditional Purchases. The Crown Lands Occupation Act allowed all Crown land to be selected for purchase, including the pastoral leases of others.

1862Real Property Act introduced Torrens Title, a centralised, government-guaranteed, system of land title to replace the British Common Law system.

1884Crown Lands Act set out a comprehensive system of land tenures, including conditional leases for land adjoining conditional purchases, occupation licenses, homestead leases, and special purpose leases. Land districts were established and superceded the local land agents.

1900Real Property Act consolidated previous acts. Still in force today.

1907 - Closer Settlement Act allowed for land to be purchased by the government within 15 miles of a proposed railway line for division into small lots for farming purposes. Later acts followed.

1916Returned Soldiers Settlement Act relaxed the restrictions on the type of land resumed and allowed returned soldiers to settle on it.

1919 - Conveyancing Act established ‘good root of title’ for Old System land, requiring only a thirty year chain of title instead of all the way back to the first land grant.

1941 - War Service Settlement Act allowed for land to be set aside specifically for servicemen or ex-servicemen. A training certificate had to be obtained before land was allocated.

1961 – Strata titles commenced with the  Conveyancing (Strata Titles) Act.

1975 - government reorganisation brought the Torrens Title (Land Titles), the Deeds Registration, and the Crown Titles Branches into the Department of Lands when the Registrar-General’s Office was transferred. The name of the Land Titless Office has been changing ever since.

Sources and Bibliography

Hepburn, S. Real Property Law, 3rd edition. Pyrmont, NSW: Thomson Legal and Regulatory Australia, 2008.

NSW Department of Lands, A Guide to Searching New South Wales Land Title Records in the Queens Square Office of Land and Property Information Department of Lands – User Guide – Searching the Records of the Registrar General. Sydney: Department of Lands, 2008.

NSW Department of Lands, From Crow Quill to Scribbling, History of Pre Computer Mapping, Lands Department New South Wales. Sydney: Department of Lands, 2005.

Ryan, R.J. (editor). Land Grants 1788-1809, A record or registered grants and leases in New South Wales, Van Diemen’s Land and Norfolk Island. Five Dock, NSW: Australian Documents Library, 1981. First published by Keith A. Johnson and Malcom R. Sainty, 1974.

State Records NSW. Archives in Brief 93 - Background to conditional purchase of Crown land.

State Records NSW. Short Guide 8 – Land Grants, 1788-1856.

A Guide to early NSW Censuses and Musters

From fairly early in the history of the Colony of New South Wales there have been counts made of the number of people living in it. People were named individually, making censuses and musters useful to us when trying to find out where a person was living and what they were doing.

Here is a rather poor copy of a page from the 1837 Muster of Convicts:

Page from the 1837 Convict Muster

Page from the 1837 Convict Muster

In the early days of the colonies of Australia censuses involved nothing more than gathering every person together in one place and counting them. This was called a ‘muster’, and is similar to the process used to count sheep before herding them off to the stockyards.

The first census as we know it, where people were counted in their homes, was in New South Wales in 1828. It had been brought to the Governor’s attention that free settlers could not be forced to attend a muster…

As more information was required, more questions were asked. An important consideration in the beginning of the new colonies was whether there was enough food to go around, so the early musters indicate whether each person was dependent on government stores for food. Only heads of households were listed by name, with dependent wives, children and servants counted but not named. As the inhabitants started to grow their own food it was important to know what they were growing, so these questions were asked.

Here is a list of the early censuses and musters available for New South Wales with their availablity to researchers.

1800-1802

A muster was taken between Jul and August 1800, when Governor Philip Gidley King assumed control of the colony. Additional musters were taken at the same time of year in 1801 and 1802.

Baxter, Carol J. Musters and Lists, New South Wales and Norfolk Island, 1800-1802. Sydney: ABGR, 1988.

Governor King’s Lists 1801 can be found on PRO Reel 10 and the Norfolk Island Victualling Book 1802 on PRO Reel 14.

1805-6

A general muster of prisoners and freemen was taken on Tuesday 12th August 1806, with the landholders mustered on Thursday 14th August. The muster gives information on ‘how employed’ or ‘with whom lives (females)’, which is information that is available nowhere else. A Land and Stock Muster was collected on the same day, containing acreages of the different crops, numbers of horses, cattles, sheep, goats and hogs, numbers of bushels of wheat, maize and barley on hand, and the numbers of persons and whether victualled by the government, with remarks about residence.

These musters have been transcribed in:

Baxter, Carol J. Musters of New South Wales and Norfolk Island, 1805-1806. Sydney: ABGR, 1989.

The Norfolk Island Muster of 1805 has been transcribed in the same volume, as has Samuel Marsden’s Female Muster 1806. The Reverend Samuel Marsden collected information on the females of the colony, probably from the original 1806 muster. This muster classifies the women as ‘concubine’, ‘married’ or ‘wife’, and records, where possible, where the woman was married and numbers of legitimate and ‘natural’ children.

Images of the 1806 muster is available on PRO Reel 72 and on Ancestry. Marsden’s muster is at the Mitchell Library in Sydney.

1811

The muster was taken between 5 February and 5 March 1811. Individuals are listed alphabetically within category – male convicts, female convicts, free men and free women. Information listed:

  • Name
  • Ship
  • When convicted
  • Where convicted
  • Sentence
  • Remarks

There is a transcription in:

Baxter, Carol J. General Muster of New South Wales, Norfolk Island and Van Diemen’s Land, 1811.Sydney: ABGR, 1987.

The NSW version of the 1811 census can be viewed on SRNSW Reel 1252, and the British version on PRO Reel 61 and on Ancestry.

1814

The 1814 muster was taken between 17 October and 16 November 1814, and gives a brief description of occupation and whether on or off the stores. A transcription is available in:

Baxter, Carol J. General Muster of New South Wales, 1814. Sydney: ABGR, 1987.

The original records can be viewed on SRNSW Reel 1252.

1819

A general muster taken in November 1819 can be viewed on SRNSW Reel 1252. There is no index or transcription.

1822

A general muster was taken on the 2-13 September 1822, and a Land and Stock muster taken around the same time. The General Muster gives:

  • Name
  • Age, including an indication the parents of children
  • Arrival Status
  • Present Status
  • Ship of Arrival
  • Colonial sentence
  • Sentence
  • Occupation
  • Employer
  • Where

The Land and Stock Muster gives:

  • Residence
  • Name
  • How land held
  • Whether resident on farm
  • Acres in wheat, maize, barley, oats, peas/beans, potatoes, garden or orchard
  • Numbers of horses, cattle, sheep, hogs
  • Bushels in hand of wheat and maize

Both the General Muster and the Land and Stock Muster have been transcribed:

Baxter, Carol J. General Muster and Land and Stock Muster of New South Wales, 1822. Sydney: ABGR, 1988.

Images of the General Muster is available on PRO Reel 72 and on Ancestry. The Land and Stock Muster is only available on SRNSW Reel 1252.

1823-25

In 1823 a General Muster was taken in September 1823, and a muster book compiled by the Colonial Secretary’s office. Subsequent musters in 1824 and 1825 were taken at the same time of year, but instead of compiling new lists the decision was made to update the 1823 list instead, resulting in a much more complete and more accurate list. Additional details were added up to 1832.

The muster includes:

  • Name
  • Age
  • Status
  • Ship of arrival
  • Ship year
  • Sentence
  • Occupation, Employer, etc

The 1825 muster was the last muster. Free settlers were increasingly unwilling to attend musters, and the government  realised it had no power to compel them.

A transcription can be found in:

Baxter, Carol J. General Muster List of New South Wales, 1823, 1824, 1825. Sydney: ABGR, 1999.

Ancestry has digitized images of the muster books, which are also available on PRO Reel 66.

1828

The 1828 Census was taken in November 1828, although returns straggled in early the next year. This was the first census to be taken in Australia and the only census to survive in its entirety to the present day. About a quarter of the householders’ returns survive.

Both colonial and British copies survive, as do most of the householders’ returns. There are differences in each, so it is important to check them all if possible.

Malcolm Sainty and Keith Johnson (editors) have compiled a database on CD 1828 Census Revised Edition which collects data from both the Australian and British versions of the census together with the returns of the householders themselves. This is the most complete list available, as there were many transcription errors in the compiling and copying of the lists, and some people were left out of the lists completely.

1837

The 1837 Convict Muster is more of a compilation than a traditional muster, and as such is more accurate. The new governor, Sir George Gipps, needed to establish an accurate count of the convicts in the colony as it was likely that transportation would soon cease.

The muster includes:

  • Name
  • Age
  • Ship
  • Year
  • Where Tried (often not filled in)
  • Master
  • District
  • Remarks (such as ‘Ticket of Leave’ or ‘Married’)

The muster has been transcribed:

Butlin, N.G., C.W. Cromwell and K.L. Suthern. General Return of Convicts in New South Wales, 1837.Sydney: ABGR, 1987.

Images are available on PRO Reels 71 and 72, and on Ancestry.

The 1841 and later censuses will be covered in  future post.

Education in 1895

Greghamstown SchoolWhen we say that our ancestor only went to 3rd Year of high school (or whatever), what do we mean? It’s important to understand what was being taught in schools in those days before we pass judgement on the education our ancestors were given.

I was driven to think about this topic by a post I saw in Psychology Today entitled Can You Pass This Final 8th-Grade Exam from 1895? Admittedly, a lot of the terminology has changed since those days. We don’t measure wheat in bushels or coal in pounds or distance in rods or area in acres. We also don’t study grammar and orthography as they did then.

Here’s the exam in full:

This is the eighth-grade final exam from 1895 in Salina , Kansas , USA. These questions were taken from the original examination on file at the Smokey Valley Genealogical Society and Library in Salina , Kansas.

Take the test and see if you would have graduated with the eighth grade class in 1895.

GRAMMAR (Time, one hour)
1. Give nine rules for the use of capital letters.
2. Name the parts of speech and define those that have no modifications
3. Define verse, stanza and paragraph.
4. What are the principal parts of a verb? Give principal parts of ‘lie,’ ‘play,’ and ‘run’
5. Define case; illustrate each case.
6 What is punctuation? Give rules for principal marks of punctuation..
7 – 10. Write a composition of about 150 words and show therein that you understand the practical use of the rules of grammar.

ARITHMETIC (Time,1 hour 15 minutes)
1. Name and define the Fundamental Rules of Arithmetic.
2. A wagon box is 2 ft. Deep, 10 feet Long, and 3 ft. Wide. How many bushels of wheat will it hold?
3. If a load of wheat weighs 3,942 lbs, what is it worth at 50cts/bushel, deducting 1,050 lbs for tare?
4. District No 33 has a valuation of $35,000. What is the necessary levy to carry on a school seven months at $50 per month, and have $104 for incidentals?
5. Find the cost of 6,720 lbs. coal at $6.00 per ton.
6. Find the interest of $512.60 for 8 months and 18 days at 7 percent per annum.
7. What is the cost of 40 boards 12 inches wide and 16 ft long at $20 per metre?
8… Find bank discount on $300 for 90 days (no grace) at 10 percent.
9. What is the cost of a square farm at $15 per acre, the distance of which is 640 rods?
10. Write a Bank Check, a Promissory Note, and a Receipt.

U.S. HISTORY (Time, 45 minutes)
1. Give the epochs into which U.S. History is divided
2. Give an account of the discovery of America by Columbus .
3.. Relate the causes and results of the Revolutionary War.
4. Show the territorial growth of the United States …
5. Tell what you can of the history of Kansas
6. Describe three of the most prominent battles of the Rebellion.
7. Who were the following: Morse, Whitney, Fulton, Bell, Lincoln, Penn, and Howe?
8. Name events connected with the following dates: 1607, 1620, 1800, 1849, 1865.

ORTHOGRAPHY (Time, one hour) * Do you even know what this is?

1. What is meant by the following: alphabet, phonetic, orthography, etymology, syllabication?
2. What are elementary sounds? How classified?
3. What are the following, and give examples of each: trigraph, subvocals, diphthong, cognate letters, linguals?
4. Give four substitutes for caret ‘u’.
5. Give two rules for spelling words with final ‘e.’ Name two exceptions under each rule.
6. Give two uses of silent letters in spelling. Illustrate each.
7 Define the following prefixes and use in connection with a word: bi, dis, pre, semi, post, non, inter, mono, sup.
8. Mark diacritically and divide into syllables the following, and name the sign that indicates the sound: card, ball, mercy, sir, odd, cell, rise, blood, fare, last.
9. Use the following correctly in sentences: cite, site, sight, fane, fain, feign, vane, vain, vein, raze, raise, rays.
10. Write 10 words frequently mispronounced and indicate pronunciation by use of diacritical marks and by syllabication.

GEOGRAPHY (Time, one hour)
1 What is climate? Upon what does climate depend?
2. How do you account for the extremes of climate in Kansas ?
3. Of what use are rivers? Of what use is the ocean?
4. Describe the mountains of North America .
5. Name and describe the following: Monrovia , Odessa , Denver , Manitoba , Hecla , Yukon , St.. Helena, Juan Fernandez, Aspinwall and Orinoco .
6. Name and locate the principal trade centers of the U.S. Name all the republics of Europe and give the capital of each..
8. Why is the Atlantic Coast colder than the Pacific in the same latitude?
9. Describe the process by which the water of the ocean returns to the sources of rivers.
10. Describe the movements of the earth. Give the inclination of the earth.

We can see the emphasis on the rules of grammar and orthography. We can also see the emphasis on the knowledge that an adult in Kansas was likely to need.

I’d love to be able to find an equivalent exam for New South Wales. If I find one I’ll be sure to post it here.

What do you think? Would you pass this exam?

Photo of Greghamstown School, taken by the author in 2008.

 

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