§ On the Motion for going into Committee on this Bill,
§ MR. HAWESstated, in answer to a question from Mr. Scott, that the object of the Bill was to remove some doubts which existed respecting the validity of certain grants made some years ago in New South Wales.
§ MR. SCOTTwished to know if the Bill did not affect the validity of grants of land made in the Port Phillip district?
§ MR. HAWESsaid, that the Bill applied only to certain local grants, of which the titles had not been issued, and without the sanction which the present measure would give, the act of the local legislature, authorising the grants, was considered to run counter to the general act of the Imperial Legislature.
The House having gone into Committee,
§ MR. SCOTTexpressed his dissatisfaction at the explanation given, and said that his impression was, that in settling the doubts as to title in one part of the colony, the Bill would raise far greater and more serious doubts with regard to title in the Port Phillip district.
§ SIR G. GREYsaid, there was no occasion for the apprehensions expressed by the hon. Gentleman. The matter had arisen out of certain grants of land made by Governor Darling, with respect to which doubts had arisen whether or not these grants were valid. The Legislative Council had passed an Act for the purpose of removing those doubts, and confirming the grants; probably not reflecting that the power of doing so did not rest with them. When the Act came home for ratification, the legal advisers of the Crown gave their opinion that the act of Council was invalid, but that as the object was clearly a beneficial one, a Bill ought to be brought into 363 the Imperial Parliament to effect this object. That was the purpose of the present Bill, and it was impossible that any doubt could be thrown on the legality of other grants.
§ House resumed.