Ballarat Star (Vic. : 1865 - 1924), Tuesday 18 September 1866, page 4


- BALLARAT LAND COMMISSION.

The Land Commission, consisting of Mr Ligar, the Surveyor-General, Mr Lewis, the secretary to the Commission, Mr Adair, the district surveyor, with Mr Surplice, contract surveyor, sat on the morning of Monday, 17th September, in the District Court, for the purpose of hearing applications for licenses of land under the operation of the 42nd section of the Amending Land Act.

Land cast of Dean, on the Devil's Creek and Moorabool.-William Witnish, sawyer, married, five children; no land. Henry Cottee objected on account of the ground including a dam, race, and sluice-box from which water is obtained to supply objector's mill. These improvements had been on the ground for six years. A building also had been erected for some months past. Five acres already were held by objector. Mr Lewis said this was beyond the allow ance-two acres in excess. Mr Ligar said that it was too bad for a man to have too much land already and to want more, and be not satisfied with the ridding the land of all its timber. Mr Cottee said the applicant was his servant. Mr Ligar Baid that the regulations for the timber reserve there, reserved by Mr Grant, would protect the sluice, &c. The applicant, too, had made improvements on land in a wholly unauthorised manner, and all claim had been forfeited. As holding a miner's right, the ap plicant had a right only to 20 perches. Later in the day it was found that applicant's house had been erected on the land for three year's past, and his application was therefore recommended, subject to the water reserves. Augustus Morris, sawyer, married, five children; no land Recommended, subject to laying out a road through the land. Joseph Touhay, laborer, married, one child ; no land. Daniel Corcoran objected that the grant would in terfere with tracks to the saw-mill; recommended, subject to proof that applicant had paid for improve ments and the laying out of a track. Objector said that if the land was granted, two bridges that he had built would be quite useless, as the banks of the creek were inaccessibly steep. Further conditional upon laying out a road to one bridge. H. S. Rice, hotelkeeper, married, three children, has 7 acres freehold; improvements were previous to applica tion ; recommended. Daniel Corcoran, saw mill proprietor, married, six children; no land, has 3 or 5 acres under tho saw-mill license, has no interest in his brother's land at Bun

garee; has four brothers; recommended. William Mc Guinness, once farmer, now a splitter, widower, has eight children, no land; recommended, subject to the reservation of a quarter of a mile frontage to the creek. Thomas M'Cann, timber merchant in Ballarat, married, four children, no land, improve ments put upon land under miner's right in begin ning of June, applied for land on 5th July. Mr Surplice said that when applicant made application he said there were no improvements; refused for the false statement. Mr Ligar said that he really be lieved the applicant had put up the improvements in order to get himself a title. Richard Hyland, detective constable, married, three children, owns one-eighth of an acre, on which he lives; recom mended, subject to reserve along the bank of the creek. Mr Lewis here read a letter signed by several applicants and others denying the necessity of the Water Committee having the reserves on the Devil's Creek and Moorabool, as there was always

quite sufficient water escaping by the by ash at Gong Gong to supply all Ballarat. The writers therefore prayed that the reserves might be leased

under the 42nd clause. The letter stated "An abundant supply of water can be obtained by con structing dams near the Fellmongers sufficient to store the water from the Yarrowee Creek and Harry Beale's Swamp, as on inspection it will be seen that during the winter season a very large quantity of water runs over the bywash. We have been in formed no survey has yet been made to ascertain whether the land now applied for is either suitable or necessary for the purpose of water supply." William Hammet (by William Witnish, in appli cant's illness), schoolmaster, land includes the site of a common school; recommended, subject to excision of the school site (two acres). Hugh M'Guinness, laborer, married, three children, no land, lives at Devil's Creek and has been there for three years, wants 80 acres; recommended, subject to the creek reserve. James Moven, no appearance; refused. James Coghlan (unavoidably absent at Bungaree election), married, three children, owns 60 acres freehold, wants 60 acres; recom mended, with above conditions. Edward Samuel Payne, splitter, married, no family, no land, house put up on 19 th March, applied for land on that day. William Gloucester, objected that he claimed a portion of the land. Mr Surplice said Gloucester had applied on 23rd March, Payne's application was granted, and Gloucester was told he would get none, notwithstanding what im provements he had made. He was, however, allowed to take away his crops. William Payne, felling tim ber and farming for Mr Clarke, unmarried, has twenty acres freehold; recommended, subject to creek reserve, and removal of crops by a squatter. Thomas Richard Walpole, farmer, unmarried, has ten acres with his father; recommended, subject to M Cann removing shed, crops, &c. Henry N. Wal pole, farmer, married, two children, has 10 acres freehold; recommended to have twenty acrcs; ap plicant said he applied for eighty acres. Mr Ligur said if applicant could prove prior application he should disqualify other applicants, J. Callinan (by Daniel O'Hara), laborer, married, one child, no land; recommended, subject to creek reserve. Daniel

Brophy (at Bungaree election), publican, married, four children, owns 113 acres in fee simple; recom mended, subject to creek frontage. James Farquhar, carpenter, unmarried, no land; recommended to have 4o acres, subject to creek reservation. James Cameron, marricd, four children, no land; recom mended. John Power, laborer, married, six chil dren, no land; recommended, subject to creek reser vation. Patrick Frawley (by Michael Cody), farmer, unmarried, has 19 acres already under lease; re commended, subject to creek reserve, and to necessary diminution to keep total land under lease to no more than eighty acres. John King, laborer, married, six children, no land; recom mended, subject to creek reservation. Thomas Little (by Thomas Ettridge), laborer, married, four chil dren, no land, wants 20 acres; recommended, subject to creek reservation. James Kenane (by John Foran), laborer, is presently 35 miles off, unmarried, 28 years of age, wants 80 acres; recommended, sub ject to creek reservation. Thomas Cubbin, car penter, married, five children, wants 39 acres; re commended, subject to creek reservation. Patrick Maddock, carter, married, no land; recommended for 55 acres 12 perches, subject to creek reserve. Thomas Johnson, splitter, married, three children, no land; recommended for 40 acres, subject to creek reservation. Patrick Sheahan; recommended, sub ject to creek reserve. Henry Edward Hunter; name not before the commission. Thomas Bradley, laborer, married, no family or land; recommended, subject to creek reserve.-Applicant-That'll take it all, sir. Mr Ligar-So much the better! Davis Calwell, married, six children; recommended, sub ject to creek reserve. Thomas Martin; postponed as the applicant is sick. Thomas Bustard, laborer, unmarried, no land; recommended subject to proof of purchase of improvements, and creek reservation. William Alexander Wood (by Alfred Wood), pre sently at Bungaree election, farmer, married, has eight children, owns 20 acres at Bungaree ; re commended, subject to creek reserve. George Hayes, married ; recommended, subject to creek reservation. Tasman Johnson, splitter, 21 years of age; recommended, subject to creek reserve. Thomas M Cann (by Thomas James M'Cann, senior), bullock driver, 23 years of age, unmarried, at pre sent at Mallee scrub; recomme-nded, subject to creek reserve. James Mulgrow, widower, two children, has 70 acres rented; recommended, subject to creek reserve; ground being at the head of the creek. George Rowe, married, seven children; recom mended, subject to creek reserve. John Bell, married, two children, no land; recommended for all applied for as lying north of Rowc or beyond the creek head. James Murphy, married, three children, has 20 acres lease adjoining; recommended, subject to a road being put through it to meet Mr Wriggles worth's survey. William Corcoran (by Thomas Cor coran), saw mill proprietor, unmarried, has no land; recommended,subject to survey. Thomas Corcoran, saw mill proprietor, 192 acres between him and eldest brother, under 27th section; recommended, eubject to adjustment of survey. Michael Corcoran, unmarried; recommended, subject to survey. Ber nard Mulgrow, married, one child, rents over 100 acres: recommended. E. Ainley, out of business at present, married, three children, has land of his own; recommended, subject to creek reservation. Andrew Clarke, Henry Gates, Walter Cotchett, John Groom, and C. Williams; in each case no ap pearance and refused, Rody Molloy (by John Laughnane), cannot attend from rheumatic pains, married, nine children, no land; recom mended for adjustment with Mr Wrigglesworth's survey. W. G. Gates and H. Waltner; no appear ance; refused, Thomas Ettridge, farm laborer, married, two children, no land; recommended, sub ject to creek reserve; applicant said he would then have to shift back into a swamp. Mr Ligar-You had better be quick, then, and take up a square block on the other side. Oh, no, you can't-that's reserved for a State forest! You're blocked out. James Naylor; no appearance; reference to be made to the Mining Department to ascertain if applicant was engaged on the Coliban water scheme, an ob jector denying that there was any such person, and Mr Adair saying that he appeared before him on one occasion, and that then he stated he was en gaged at the place mentioned.

Parish of Dean-George Hill, married, five chil dren; no land. Andrew Jackson Barney objected that he was entitled to a half of the block, as he had purchased for £4 and for £7 parts of his improve ments. Hill said he valued his own improvements on what Barney wanted at £100. The area, 19a 3r 11p, was recommended for Hill, and 15a 0r 25p to Barney, the latter to allow Hill to remove crops. Barney stated that he was a carter, with five of a family, and he had no other land. Saml. Richardson, sawmill proprietor, eleven of a family; no land. The applicant also wished to have a road marked off be tween sections 32 and 35, so as to give access to the land; the applications lor the land and for the road were recommended. Dennis Darcy, farmer, unmar

ried, no land; objected to by Michael Duggan, but objection not allowed; Darcy's application was re commended. Michael Duggan, farmer, three chil dren. Objected to by Daniel Darcy, who produced a receipt for 10a for improvements sold by Duggan. Mr Ligor to Duggan-You are a bad man; I've heard of you out there; application of Darcy re commended, as it appeared to have been made at the suggestion of the board; Duggan's application to be refused, but he is to be paid the value of his improvements, if any. Simon Green, farmer, un married, no land; objection of Denis Darcy with drawn; recommended. Daniel O'Heare, farmer, unmarried; recommended, subject to reservation. Cornelius M'Mahon, rate collector, five children, no land ; recommended, subject to reservation of a creek. William Gloster, laborer, family of four, no land; recommended, with the same reservation.

Parish of Bungaree.-Cornelius Conroy, farmer, no family; objected to by Michael Cody for Patrick Ho gan; objection disallowed. Thomas Conroy, farmer, two children, no land; the same objector appeared for his brother's children; recommended. Samuel Bennett, farmer, five children, no land; recommended. James Lyons, miner, six in family, no land; a rural

store license had been removed on to the land since

survey for Lyons; Mr Churchill recommended for the unappropriated portion of the allotment. Daniel Bruce, blacksmith, seven in family, no land; objected

to as coming within the quarter-mile water reserve.

Benjamin Buckle, farmer, family of four, no land; applicant was represented by Samuel Bennett; re commended. George Nicholls, laborer, four in family, no land; land absorbed by Water Committee's Re serve, Patrick Burke, farmer, three children; ap plicant held 12 acres under the 42nd section; recom mended, subject to the doing away with a road set out by Mr Surplice. Neil M'Neil Shaw, laborer, no family, no land; objected to by John Greig, a resi dent on the land for seven years as a woodcutter; recommended as above. John Greig's application for land adjoining was recommended, with the reser vation previously noted; applicant was married, had seven children, no land. George Blount, splitter, married, one child; recommended as ftboye. Patrick Hessett, farmer, married, no children, no land else where, but occupying about 100 acres under a miner's-right; recommended, subject to right of the water committee. Michael Fallen, farmer, un married, holding license for 18 acrcs previously; objected to by Patrick Gorman; recommended. George Payne, farmer, single, holder of ten acres; recommended, with the usual reservation. Patrick Sheehan; no appearance. William Faulks, miner, three children, no land; recommended.

Parish of Moorabool West-John Lynch was answered for by Sylvester O'Brien, who described him as a carter, single, and landless; recommended, subject to report of Mr Adair. John Kelly, un married, farmer, no land; recommended. Michael Martin, laborer, unmarried, no land; postponed pending his appearance before Mr Adair. Michael Chambers, laborer, unmarried; recommended. John Blennan; no appearance. Robert Cooper, sawyer, three children, no land; recommended. Edward Thurlow Edwards, farmer, three children, no land; recommended. Thomas Kelly, laborer, single, no land; recommended. Hugh Slattery, laborer, four children, no land; recommended, subject to reserva tion for water frontage. Objected to by Mr Wit nish, who had crops on part of the land, and had been three years; also by Mr Cottee, who wished the tracks kept open; recommended, subject to water reservation and roads to be kept open. Patrick White, miner, four children, no land; re-fused, only those portions south of the State forest boundary to be allowed. Thomas Kennedy, farmer, unmarried; no objection, recommended. Thomas Donahan, Thomas Macarthy, unmarried men; re commended for southern portion not on State forest reserve. Daniel Meehan, no land; recommended. Patrick Mungovan, represented byJohn Mungovan; applicant was a single man and no relation; recom mended, subject to reservation of State forest.

Patrick Flannery objected that he had also applied, but it appeared Mungovan was first applicant. Michael Mungovan, miner, single; no land; recom mended for the part south of the State forest. Michael Clossy, appeared by his wife, but the land had not been surveyed. Michael Toohey, farmer, unmarried; no land; recommended, John Loughnan withdrawing his objection.

Parish of Kerrit Bareet-David Payne, farmer, two children, holder of a 20-acre license; objected to by Morris O'Donnell, as being first applicant. A young woman wasin the case, who refused to pay for Payne's improvements, and hence the present application; postponed pending compensation being paid within a fortnight.. Charles Charles, car penter, five children; recommended, subject to water reservation James Welsh, farmer, ten children, owner of 11¼ acres; recommended. William Welsh; no appearance. Thomas Lawrence, laborer, single; no land; recommended. James Hancock, no appearance. George Murphy, laborer, one child; no land; objected to by Michael Sparr, as prior ap plicant; recommended. Frederick Warland, sawyer, five children; no land; recommended, subject to water reserve. D. B. Cooper, saw mill manager, one child; no land; recommended as above. Simeon Brady, engine driver, one child; no land; recom mended as above. Richard Cantwell, farmer, four children; owner of 60 acres; recommended. Patrick Ryan, lab.uer, three children; no land; recom mended. C. Carey (represented by Cornelius Con roy, farmer), four children; no land; William Lamont objected as being first applicant; but it appeared that Carey was prevented through illness; license to be recommended to Carey. James Burke, farmer, owner of 50 acres and four children; recommended. Michael Shanahan, laborer, single; no land; recom mended. Jas.Kennedy, farmer, seven children; owner of 20 acres; recommended. James Hoolihan, laborer, single; owner of 40 acres; recommended. Michael Murphy, laborer, single; no land; recommended, subject to modification of boundaries. An objector named Connor appeared, but was dismissed satis fied. James M'Cann, laborer, single, 20 acre licensee; recommended. Morris O'Donnell, farmer, six children, no land; recommended. Applied for at former sitting by A. Dunn, junior, but who re fused then to take it up. Michael Flannery, miner, married, no land; recommended. Thomas Quinn, laborer, one child, no land; recommended. Stephen Conway, farmer, single, licensee under the old Act; recommended. Lawrence O'Donnell, farmer, six children, owner of 12 acres; recommended, subject to revision of survey. Abraham Pearse, surveyor, three children; recommended. William Griffiths, carter, six children; recommended, subject to creek reserve. Henry Gathercole, blacksmith, one child, no land; recommended as above. Patrick Beeshim, farmer, one child, owner of 20 perches; objected as being on a water reserve; refused. John O'Farrell laborer, no land; recommended.

The commission then rose.