Overview

From the beginning of settlement title to the waste lands of the Colony was vested in the Crown. All private land titles emanated from the Crown by Crown grant. Originally the policy was one of donating freeholds to settlers reserving to the Crown an annual quit rent payable in perpetuity. Up to 1825 all land alienated by the Crown was by means of free grants but in 1825 the sale of land by private tender was commenced and continued along with free grants until 1831. From 1 July 1831 there was a reversal of the free grants policy, Crown land being alienated from this time by sale at public auction.

By 1831 many persons had obtained possession of land by the authority of the Governors under promise of grants to be made to them although they were not in possession of the titles to the lands concerned. The grants had been delayed for want of survey of the lands prior to the issue of title. In many instances the lands and improvements made to them had been exchanged and come into the possession of others claiming to have lawful right through the original promissees. As a result it became impossible to produce legal titles recognized by the Supreme Court. To remedy the situation and enable titles to the grants to be prepared and issued, three Commissioners for hearing and determining upon claims to grants of land where title was in dispute were appointed under the Act 4 Will. IV No. 9 (1833). The Commissioners, appointed on 17 September 1833 for a period of two years and presiding in the Court of Claims, were empowered to hear the claims of all persons holding or claiming to hold lands where grants had been promised and claiming to have grants delivered to them.

Claims or applications for grants were to be made to the Commissioners in the form of memorials setting forth a description of the lands claimed, the circumstances relating to the claim, a list of the names and addresses of all witnesses to the claim and supporting documents and any other evidence certifying the memorialist's claim to be granted the title to the land in question. Where claims filed appeared well founded three advertisements within a period of two months were published in the New South Wales Government Gazette notifying that the claims had been filed and containing a description of the land to enable any person opposing the claim to present their case. The Court commenced hearings on 11 April 1834 and submitted reports on cases to the Governor through the Colonial Secretary. Under the Act they were also required to record details of land claimed, memorials received, claims received in opposition and the Court's decisions in a Register to be transferred upon the termination of their activities to the office of the Colonial Secretary. Thus both the Reports and Register of Memorials became records of the Colonial Secretary.

Although the number of disputed claims was much diminished at the expiry of the Act 4 Will. IV No. 9 (1833) it appeared expedient to continue the process of settling disputed claims by further legislation. The Act 5 Will. IV No. 21 was passed on 2 June 1835 empowering the Commissioners to examine and report upon only those claims which had been referred to them by the Governor through the Colonial Secretary. As under the 1833 Act the Governor reserved the right not to follow the Court's recommendation.

In 1858 the Titles to Land Act 22 Vic. No. 1 was enacted to remedy the situation of lack of clarity in the description of some Crown land grants and the perpetuation of defective descriptions in subsequent conveyances of the land concerned. Notices of any changes to be made under the Act were published in the Government Gazette, the Commissioners of Claims being empowered by the Governor to inquire into the claims of persons affected by the proposed new descriptions. The Governor was not legally bound to implement the Commissioners' recommendations pursuant to inquiries under section 9 of the Act.

From 1858 until 1868 the Commissioners came under the supervision and control of the Crown Law Offices but from 1868 they reported to the Secretary for Lands. Papers and reports of the Commissioners with the registered correspondence of the Lands Department may be located through:

Lands: Register of Court of Claims case papers with registered correspondence, NRS 8451, [2/2372]

Please note that:

Act of 1833 (4 Will. IV No. 9)

Act of 1835 (5 Will. IV No. 21)