the king
authorised the renunciation of claims founded on the informality, and
deeds drawn in the king's name, containing the same conditions as the
governors' grants, were offered at 5s. Now, however, the grants
contained a true description of the land, and the name of the rightful
possessor. The loose system of conveyancing, formerly expressed rather
the intention than the act of transfer. Property had been subdivided,
especially in the town: these parcels, however small, were now conveyed
direct to the actual owner, subject to their proportion of quit rent.
Possession and reputed ownership, were taken as a title. Those whose
property was in excess, or less than their description, had their
proportion of quit rents adjusted. The governor threatened with
resumption lands obtained by exhibiting false pretensions to capital, or
alienated before the period prescribed, or by collusive sheriff's sales.
Oblivion was granted to breaches of conditions, when not fraudulent, on
payment of 6d. per acre fine. Commissioners, James Simpson and George
Frankland, Esqrs., were appointed to carry out this admirable plan
(1832).

An act, constituting the caveat board a court of equity and good
conscience, was passed in 1835. The gentlemen who framed it held the
board, "in the sacred light of a court," although the concurrence of the
governor was necessary to render its decisions valid. Commissioners were
appointed to examine on oath. They were empowered to obtain a verdict
from a jury in a special case: by appealing to the judge of the supreme
court, they could submit a feigned issue for trial. In clear cases,
however, after three months' notice, they were permitted to adjudicate.
The decisions of this board have usually satisfied the public: they have
been nearly always confirmed, and have prevented boundless
litigation.[174]

Many surveyors were employed, who acted in the several districts (1838).
The survey of 100 acres was effected for L5, of 2,000 for L20. The list
of locations being published, the surveyor-general held a movable court,
to identify and arrange the boundaries. It was part of his duty to
mediate between the contending parties. These preliminaries being
settled, the commissioners issued grants to such as made good their
claim.

The proof of intention on the part of any officers, by custom entitled
to grant occupation, has commonly barred the rights of the crown; but
for this, a large amount of practical injustice m