CROWN LANDS (ALIENATION OF). 399 attempt or endeavor to commit any rape or of any crime in and by the said l o ~ ~ 1 1 ~ 1 c . c . ~ . first-mentioned Act defined t o be an infamous crime with a view or intent to
extort or gain by means of such threatening letter or writing any property money security or other valuable thing from any person whatever or any letter or writing threatening to kill or murder any other person or to burn or destroy any house barn or other building or any rick or stack of grain hay or straw or other agricultural produce or shall knowingly procure counsel aid or abet the commission of the said offences or either of them every such offender shall be guilty of felony and being convicted thereof sball be liable
at the discretion of the court to t e transported beyond the seas fur life or for (see 11 Vic. NO.
labor for any term not exceeding four gears and if a male to be once twice or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment.
accuse either the pcrson to whom such accusation or threat shall be made or any other person of any of the crimes hereinbefore specified with the view or intent in any of the cases last aforesaid to extort or gain from such person
60 accused or threatened to be accused or from any other person whatever any property moncy security or other valuable thing every such offender shall be guilty of felony and being convicted thereof shall be liable a t the discretion of the court to be transported beyond the seas for life or for any term not less than seven years or to be imprisoned with or without hard labor for any term not exceeding four years and if a male to be once twice or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonuicnt.
-
34 and 55 and 15
any term not less than seven years or to be imprisoned with or without hard VlC. 0.6.)
11. And be i t enacted That if any person shall accuse or threaten to Accusing others
CROWN LAPU'DS (ALIENATION OF).
24 VICTORIA, NO. 15.
lands. [ l i t h September, 1860.1
WHEREAS it is expedient t o makc better provision for the sale and other Preamble.
alienation of the waste land9 of the crovn within the Colony of Queensland
)IC i t thereforc enacted by the Queen's Most Execllcnt Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly CJf Queenslaud in Parliament assembled and by the authority of the same as fo~lows-
of New South Wales eleren T'ictoria number sixty-one and sixteen Victoria ~ . ~ g ~ ~ ~ ~ ~ ~ ~
number twenty-nine as well as so much of Her Jlajesty's orders in council and so much of the regulations macle tliercimder and now in force as may be repugnant to or inconsistent with tlic provisions of this Act shall be and tlie same are hereby repealed Providcd that nothing herein contained shall affect anythinq lawfully done o r commenced or contracted to be done tlicreunder respectively.
requlations as may hereafter be estahlished in accordancc with tbis Act
iiy:b.to
the Governor with the advice of the Executive Council is hereby authorispd i n the name and on behalf of Her Xnjesty to convey and alienate in fee simple or for a 1 c ~ estate or interest any waste lands of the crown within tlic said coluny wliicli conveyances or alienations 41:dl Ire made in such foirns as shall from time to time be cleemctl expedient by the Governor with the advice aforesaid and being so maJe shall be valid and effectual in the law to transfer and rest in possession such lands as aforesaid for such ertate or interest as shall be granted by any such cuiivcjance as aforesaid.
An Act t o provide f o r the alienation o f ci*owra
I. Prom and after the commencement of this Act the Acts of Council Repeal OP orders
11. Under and subject to the provisions of this Act and of such Lmcmoranthor-
400 CROWN LANDS (ALiENArIox OF).
31 V I C . s o . 15. 111. I t shall be lawful for the Governor with the advice of the
froc,araxtion of Esecutivc Council by proclamation i n the Guzette to declare what portions
t o j v i l arid otiier of crown lands shall be set apart as the sites of new citries towns or villages and also to declare what lands shall be reserved from sale for any public
reserves.
purpose Provided that the Governor with the advice aforesaid may by proclamation in the Gazette rescind either in whole or in part any such proclamation as aforesaid in all cases i u which sales of town lots siiall not
have taken place pursuant the&o.
IV. It shall be lawful for t h e Governor with the advice aforesaid to grant or otherwise dispose of for suFh public purposes as are specified in clause sixteen of the Unoccupied C h w n Lands Occupution Act of 1860 or for such other purposes as may from time to time be previously sanctioned by the Legislature any waste lands of the crown in the said colony.
V. The price of land to be sold under this Act shall in uo ease be less
:;E, 'E than one pound per acre and the conveyance and alienation of such lands shall not be completed until the same shall have been surveyed and delineated in the public maps in the office of the Surveyor-General.
VI. Except as herein otherwise provided all waste lands of the crown in the said colony before being so alienated or conveyed as aforrsaid shall be ofleered for sale by public auction a t the office of thc land agent in or nearest to the distriot in which such lands are offered for sale and all particulars of such auction shall be fully notified by proclamation under tlic haud of tlic Governor in the Qz~eenslai~d Govevrimeitt Gazette not less t,han one month nor more than three months before the day of holding such auction.
dsofferedfor VI[. All lands offered for sale by auction shall be distinguished into
Ired into town suburban and country lots and the town lots shall comprise :cl1 lands
b ~ s t ~ d l o t ~ . situate within the actual boundaries of towns and the suburban lots shall comprise all lands situate within two miles from the nearest houndary of any town unless the Governor with the advice aforesaid shall see fit to cxclude any such last mentioned lands from t,he class of suburban lots on the ground tbat tliey will not in his judement derive any increased value from their vicinity to any such t o m and the count lots shall cclnipriqe all otlier l a n d s :xnd the Gowrnor with the nclrice nfoi i d may froni time t,o timc fix the upset price of any I v t or lot,? at, any sun ling nut 1css t11:in tlie lowest, npset price of wmtc lnntls witliiii the. -:ii(l coloiiy.
_-
Qraiitsforpublic yurposes.
KO land shall he
acre.
After wn-cy.
Land t o he sold by auction.
t o be dirtin-
1 I i
I i t 1 : i ~ i t l s11;iIl i,t:iii:iiii r i i i - i l t l t 1 i t l i e . i . :it t ! i v t i I' r\ilwcliiiTiitly r l i r L w t o i)r 1111 w l i i t . 1 1 i l i t , l i t
*pcciticcl sli;111 1i:ivc licon ft,i4'vitciil i n ; ~ , y lie wltl ;it t iic tlffit,i*
:&,rcsaitl \-by 1Jriy:kte coiitr:ict :it t h o ulj-t't ~ j i ' i c ~ ( t i ' in C ; L ~ C cif > i i v l i forfeiture as aforesaid at tlic price for wliich they wcre soid by auction lcss tlic amount of the deposit paid and forfeited ou tliem Provicling tliat, nothing licrein contained shall prevent any arich l(its aforcsnid from being wit,hdrawn frouu sale by private contaract and again offered for sale by public auction in the same manner ss otlier lots not previously ofered for salc.
IX. No waste 1:inds of tlie crown within the said colouy slinll bc sold
' ~ J Y such priv.nto ci,ntr:ict a s cif ,r?saitl cxcopt for renrly n i ~ ~ n c y and nn lii:it19 rhall I~JC sold a t an)- such pnhlic onctiou as xforesaid unless on condition uf t h e Iaynicnt :itj ttic tiinct of sale in re;icly nioncy or 1:inrl orilcr c,f n dcpohii;
the amonnt of wiiicll clinil tre fixed by any proclaniatian :is :tforcanid and I)cinp nlmt less t h a n one-teiit'li of tlie whole price and uf tlie payment of t h e residue of such price within one d c v i d a r month from the time of such salc by auction and if tjhc purchaser dial1 fail to pay such residue of the price within one calendar month tlie deposit shall be forfcited and the sale of tlic said lands shnll he null and void.
X. Within a period of six months n.ftor the passing of this Act it sha!l be lawful for tlic Uor-eriior with the advice of the Executive Council by
\I I,, I, t o b!! 11
Agricnltnral rc- serves.
CROWX LANDS (ALIENATION OF). 401 proclamation to define and set apart for agricultural occupation not less than 24 VIC. KO. 15.
one hundred thousand acres on the shores or navigable waters of Moreton Bay Wide Bay Port Curtis and lieppel Ray and also within five miles of all towns whose inhabitants shall exceed five hundred in number reserves of a t least ten thousand acres of land and also such other reserves as the Governor with the advice aforesaid and with the approval of the Legislature shall from time to time think fit and the land so defined and set apart shall be surveyed and shall be called agricultural reserves and shall not lie submitted to public
auction but shall be sold a t the fixed price of twenty shillings per acre sukject Tired prire OP
t o the provisions hereinafter contained in that behalf
be lawful for the Governor with the advice aforesaid by proclamation to mithdraw and deal with as country lands or otherwise the whole or any portions of such reserves hut tliaC a t no time after the survcy shall there be less than half of tho above ynantity open to selection within the said agricultural reserves.
XI. Any person who may be desirous of occupying land within an
f;An~P,-
agricultural reserve sba?l apyly at the ofice a t the land agent in or nearest rihqll-ulturd re-
to tho district in, which such reseive has been marked out and shall point he*ve*
out on the map tliereof such lot or lots which he may wish to select and shall pay i n advance twenty shillings for every acre and if within six months he hhall have occupied and conimenccd to improve or cultivate the same then a deed of grant of the land sliall be issurd Provided that if a t the termination of such six months as aforesaid either the farm applied for or buch othcr lands contiguous thereto as inay be leased according to the provisions of clausn twelve of this Act sliall not have been occupied and iniproveinents shall not have bccn niade thereon then the purchase nioney less ten per cent.
sliall be rcturued to the applicant and the land so purchased or leased as aforesaid 4 a l l be a p i n open to selcction
]case to the occupant of a farm witliin an agrjcultiiral rescrve any portion of ~ ~ ~ ~ . w a " s tlie lantls contigi~ous to such farm not being already sold or leased as herein
p m i d e d a n d iiot exceeding in extent three times the amount of purchased liind coniprised in sucli fain1 nor exceeding in the whole including tlie purchased land thrce hundred and twenty acres for tlie term of five years a t a yearly rent of hixpcnce per acre such rent to be paid annually in advance a n d such lessee slia11 bc entitled during the currency of hi4 lease to purchase any part or the whole of the land so leased to him if the same shall have h e n fenced in notwithstx~ding that another person may be an applicant for t h e purchaie of the smie Provided that if any such lessec shall fXl to pay tlic rent of the 1:und so leased to hini vithin thirty days from the date of such rciit bcco:~~inp tlne or sliall fail to fence in tlie land so l e a s d to him with a
<iihstnntial fciicc witiiiii eiglitecn months from the coininencement of such lcasc the said leaqc ,ilia11 tliereupon hcconic void Provided also that it shall n u t ?x cninpctc~nt for any pc'\\ni to liolcl any snch lewe as agent for another or to Imrrow by itay of inortr.ny or otherwise on the security of such lcase.
-
Provided that i t shall onepun'.
XU. I t shall be lawfiil for the Governor with the advice aforesaid to L w e of lands
STIT. S o farin to he sold nitliin an agricultural reserve as hereinbefore Farms not t o b e less than forty or
Iiicntioilcd s1i:iIl bc 1 c s tlinn forty acres in rxtent and no person shall become more thau tliree
tlic purchawr of IlifJrC tlian three huntlred and twenty acres in all within the ~ ~ $ , @ ~ r e s ~ d
~ c u ~ ~ i e rwervc I'roviclcd tlint siicli lands so selected by one person shall be i n
OIIC lot or in contcrniiiious lots.
XlV. ,111 tile uncnclo~cd Iaiicli within any arrricultural or othcr reserve Co1nm-m.
~ l i n l l be suhjcct to siicli 1 iglitr of coininonap as may be secured to the purcliascrs of land witliin nucli reserrc and to the residents in any adjacent to~vniliip and dctcrininctl by rcsgi1;itions to hc hereafter niadc in that behalf.
t ! k Act by any person who niay prior thereto hzve made improvenicnts merits.
upon lancis coinpriscd witliiii the boundaries of any city town or village XI-. Upon application niacle within twelve months after tlie passing of ~;;:;sno;;1;::
3 c
402 CROWN LANDS (ALIENATION OF).
21 17,~. yo. 15. or upon application within twelvf! months after the proclamation i n
Government Gazette of any new olty town or village reserve within which improvements may be situated it shall be lawful for the Governor with the advice aforesaid t o sell the allotment or allotments containipg such improvements to the owner of such improvtments without competition a t its fair value in an uniniproved state not being less than the minimum upset price of such lands.
c ~ , ~ . ~ ~ ~ ~ snd XVI. Whenever the owner or owners of any lands adjoining a road
r i l l ~ m n o f ~ ~ * l - which has been reserved for access to such lands only and ia not otherwise required for public use shall make application for the closing of such road it shall be lawful for the Governor with the advice aforesaid to notify in the Government Gazette that such road will be closed and after the expiration of two months from such notice a grant or grants of the road so closed may be ihaucd to the owner or owners of the adjoining lands in fair proportion or in accordance with agreement among such owners providcd that the fair value of such road as estimated by the Surveyor-General be paid for the same.
XVII. I n cases in which there may be no convenient way of access to area for public sale or in which a portion of crown land may lie between land already granted and a street or road which forms or should form the way of approach to such granted land or in which buildings erected on lands already granted may have extended over crown lauds or in any other cases of a like kind the Governor may with the advice aforesaid sell and grant such lands to the holder or 1iolderF of adjacent lands without cornpetition and a t a price to be determined by the Surveyor-General or other officer duly authorised in that behalf.
XVIII. Nothing in this Act contained shall be held to alter or discon- tinuc such regulations mbde under the authority of Her Majesty and now in furcc in the Australian colonies as provide under certain conditions for the remibsion of purchase money to officers of the British army and navy who may become purchasers of land in the Colony of Queensland.
S I X . It shall be lawful for the Governor with .the advice aforesaid to cxttnd to any such officer of tlic British army and navy having served e v e n geuri and upwards as inay not be entitled to n rcniision of purchase money nnJer the Inipcrid regu1:itiuns last Iierciuhefi,re mentioned and to ariy I < I iti-11 scilrlicr or iailor n h o Iias bcrn clisclinig(d nitli a ctrtificatc of good
C l J i l d L i L t tlic LciieGt of a rcnii<3ioii of pur(*!iaSc u i o n c ~ ill ac~ortlancc~ witli such
icgiiLitions to the nmount of fifty puuiicls Pro\ iclcd tliat sncli suldiers and
.
tiIor- 51ia11 I,c ccitificd to bc i n ,councl bocli!y health and riot more than fortj-filc y(’<xrJ of age aut1 ~ l i a l l lie bound under conclition? t o he agreed u p o n Ijetnecii the GovLin)r and tlic Secretary of State fur IVar tu bcrve when ctillcil upon for the defence of the colony.SY.
I t shall be lawful for tlic Governor w i t h the advice of the Executive Council to issue t o any adult immigrant mho shd1 have conie direct from$ h o p e to the Colony of Queensland but not a t the experisc of the said colony or to the person who shall have paid for the paasage of such immigrant a l z n d order for the amount of eighteen pounds and after such immigrant shall linve rcsitlect not less than two years continuoiisly nitliin the Faid colony and if riot prcviously a Eiitisli snljject ih:i11 hare been natur~ilized then to issue to a i i t l i iinmiginnt a furtlier land orcler fir the anioiint of tnelre pounds I’roviJcd that t w o children over the ngc of four and under the age of fourteen r c ~ p c c t i v e l ~ sli.ill he I eckoned as one statute adult under this Act Provided
:ilao tliat cvery such immigrant shall have complied with and shall be of the class comprised mithin the iiumigration rcgulations for the time being in force in the said colony.
’rcinlum for X X I In order to encourage the growth of cotton within the said colony it shall be lan~ful for the Governor with the advice aforesaid to issue
I
newsbarj ro%&
pales mthont
coriipelitiori
hl,eC1alCaeb in any portion of crown land or in which any portion may be insufficient i n
T.M~IOIYICI.IWW
‘Ioalllg cottoll
CROWN LANDS (CLAIMS). 408 land orders during the next three years to the extent of ten pounds and
during the two years next following the said period of three years to the extent of five pounds by way of premium for every bale of good cleaned Sea Island cotton without any admixture of damaged or discolored and weighing three hundred pounds the growth and produce of the colony which may be exported to Great Britain and during the said periods one-half the above premiums shall be given for tlie coinmon descriptions of cotton.
XXII. I n cases where persons or companies shall be desirous of G r a n t s f o r d d ~ ~
purchasing lands for mining purposes other than for coal or gold i t shall be lawful for the Governor with the advice aforesaid to sell the same to such p rsons or company at, the upset price of twenty shillings per acre provided that the quantity sold to one person or company shall in no case exceed six 1iundrc.d and forty acres.
from tiine to time to make or alter in accordance with the provisiuns of this tions.
Act such regulations as may be necessary to give effect to the same and a l l such requlations shall be published in the Govei-nnzeiit Guzette and when so puldished shall have the force of law and a copy of the hame shall be laid before the Parliament within fourteen days after the publication thereof or if the Parliament be not then sitting then within fourteen days after its next meeting for the despatch of business.
VIC.
-
NO. 16.P U r p O ~ .
XXIII. I t shall be lawful for the Governor with the advice aforesaid ~ ~ e ~ ~ r r e ~ ~
XXIV. This Act shall be stylcd and may be cited as l'he Blienatioi, Shorttitle.
of CrozL'IL L U I l t l S A c t of 1860.''
(CLAIMS).
5 ~ ~ ' I L L I A R I IV., No. 21. An Act for appoiiztiizg and empowering conrmissioiieu to examine and repo1.t upoji claims to grants of ltrnd uittler the great seal of the Coloiy of New South FVales. [2nd June, 1835.1
~ V H E R E A S a certain Act was passed by IIis Excellency the Governor with Preamble.
the advice of the Lcgislative Council of New South Wales in the fourth year of tlie reign of His present Majesty intituled
''
An. Act f o i * appointing aride i r i p w e i i i i g eomntissioiiers to hear a i d determine upon claims to grunts of
ltriid under the great seal of the Colony .f New Xouth Wules" which Act is no longer in fu!l operaticin by reason of certain of the provisions thereof having been limited tu a particular time and the said Act having been found highly beneficial in scttliiig disputed claims to grants of land it is expedient to renew the saiiic with certain alterations and amendments Be i t therefore enacted by Ilis Excellency the Governor of New South Wales with the
advice of the Legislative Council thereof That it shall and may be lawful for Governor em-
the Governor of this Colony to issue one or more commission or commissions ~ ~ ~ " , ~ ~ $ ~ : under the great seal of this colony as the same may become necessary and
E: ;;;
thereby to nominate and appoint three or more persons to be commissioners duties.
fop examining and reporting upon claims to grants of land within the Colony of Xcw South Wales and one of the said persons sliall be appointed by the (>orernor to be president of thc said commission and the said commissioners or any two of tlieni of whom the president shall be one shall have full power and authority to hear examine arid report upon all applications for grants of land under the great seal of this colony that sliall or may be referred to them under and by virtue of tlie provisions of this Act and each of the said cominissioners slid1 before procceding to act a s such take and subscribe before one of the judges of the Supreme Court the oath set forth in the schedule hereunto annexed marked h and the Colonid Secretary shall cause the said a t h a 50 subscribed to be recorded in his office.
