AGY-3891 | Commissioners [of the Clergy and School Lands in the Colony of New South Wales]

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On 1 January 1831 five commissioners were appointed to take on the responsibilities of the Trustees of the Clergy and School Lands in the Colony of New South Wales although the Corporation was not officially dissolved. (1)

The appointment of the Commissioners of Clergy and School Lands was a recommendation of Commissioners who had been appointed by the Government of the United Kingdom to inquire into the revenue and expenditures of the various colonies and foreign possessions. Their report on the Australian colonies was submitted on 1 November 1830. In regard to the church and school lands the Commissioners had observed that the grant of 1/7 of all land in each county had failed. The estates were often neglected and under cultivated, and the plan had caused the colony to be wider dispersed than would otherwise be necessary resulting in a greater administrative expense. (2)

There is no formal documentation of the role of the Commissioners. It appears that the major functions of the Corporation was carried on by the Commissioners until the dissolution of the corporation.

The functions of the Commissioners were as follows:
Acquiring lands to be used for the financing of the church establishment and church conducted schools (officially 1/7 of the land in each county;
Managing, cultivating and improving lands granted to them by hiring the relevant staff;
Erecting the necessary buildings on the land;
Selling surplus lands provided that 2/3 of the original land was retained;
Granting leases over the land granted to them for which rents were to be paid to the Colonial Treasurer;
Borrowing funds on mortgage to finance cultivation or improvements to lands;
Supervising the orphan schools. (3)

The requirement to reserve 1/7 of the land for clergy and school purposes was abolished in February 1831.

Virtually from the commencement of the Commissioners taking on these responsibilities the Governor was in correspondence with the Secretary of State regarding the abolition of the Corporation of Clergy and School Lands.
In September 1831 the Governor conveyed the opinion of the Attorney General and three judges of the Supreme Court that the instructions were inadequate to dissolve the Corporation preferring to wait ‘until His Majesty’s intention on this subject be better understood’. (4)

The Corporation (and therefore the Commissioners) was finally dissolved 'by order of the King’s Most Excellent Majesty in Council' on 4 February 1833. (5)

An Act for regulating the Affairs of the late Corporation of the Trustees of the Clergy and School Lands and to secure to the Purchasers their Titles to certain Lands purchased by them from the said Corporation" which received assent on 5 August 1834 authorised the appointment of an agent or agents to be responsible for the management and disposal of the land and property belonging to the former Corporation. (11) The Agents continued with their responsibilities until about 1860.

Endnotes:
(1) Historical Records of Australia, Series 1 Vol 16 p. 59
(2) Historical Records of Australia, Series 1 Vol 15 Note 24, p. 850
(3) (1) Draft Charter of the Incorporation for Management of Church and School Estates. Enclosure No. 1 Despatch No. 1 Earl Bathurst to Sir Thomas Brisbane 30 June 1825. In Historical Records of Australia. Series 1 Volume 11 pp 444- 454
(4) Historical Records of Australia, Series 1 Vol 16 p. 81
(5) Historical Records of Australia, Series 1 Vol 17 p. 34