It was proposed by some to establish them by
a general act: against this course Mr. A. Stephen protested, and pointed
out consequences, that proved his objections were just. Many of these
illustrate the idle and fraudulent manner in which the public business
is often transacted. A grant issued in 1823, gave one side-line 32
acres, written over an erasure. An investigation took place: a record
book kept in Hobart Town shewed a similar erasure. The same entry had
been preserved at New South Wales, and there it was 22 acres: the
holding party was innocent; but his title was invalid. Still more
extensive erasures were discovered in a valuable property; the entire
description had been changed and another substituted. At Richmond, two
persons selected land adjoining each other: their grants had been
exchanged, and he who was thus deprived of the most valuable, resorted
to a chancery suit for its recovery. At Norfolk Plains a great many
farms were located and occupied for a number of years. They commenced
their measurements from opposite points, and each farm gradually
approximated. When their lands were surveyed by the grant deeds, every
owner found that his side-line advanced upon his neighbour, until at
last the central proprietor saw his estate absorbed. In Oatlands, two
properties were measured according to the common practice: the
side-lines were guessed at; one cultivated, and the other sold his
property; but when measured, the improver of his estate discovered that
his homestead, and nearly one hundred acres of his land fell by
description to his neighbour.
At Bagdad Rivulet, a surveyor measured eight grants adjoining. All the
bearings given in the grants were mistaken: to adjust them, one would
lose the back of his farm and take his neighbour's, who would go on the
next location and obtain a well cultivated farm.
To have confirmed all former titles would have been obviously unjust. In
1823, a location was given, but abandoned. Sorell advised a settler that
came after to take the land, which he did. For fourteen years he lived
there, and spent L3,000: the original owner re-appeared with a Brisbane
grant, as a claimant of this property.
Colonel Arthur adopted Stephen's recommendation in 1831, and announced
in the _Gazette_, January following, its approval by the secretary of
state.
All existing grants being invalid, the settlers depended on the justice
of the crown to perfect their titles. The royal warrant of
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