No. 12. ~ ; ~

A N N 0 TRICESIMO

C

No. 12.

An Act

t o

Authorise the Leasing of Crown Lmds with a right of purchase t o the lessees.

[ASSENTED

TO 11

OCTODEIE,

1866.

ITER&!LS it \vi11

bc of public advantage "chat -cvaste lalids of

the

Preamble

Crown situate uiom than two miles frniii the boundary of

any

town should be lcascd iipon thr: terms and subject to the conditions hcrcintdter specified a i d tliat the lessees shculd bc enabled t o purcliase the lands so leased as bcreinafter provided

Be

it therefore enacted

by

the Queen's Most Bxcelleiit &Iajesty by and with the sdvjce m d consent of the Legislative Council and Legislative Assembly

o i

Qticcuslaud in Par1i:Lmcnt assembled and by the aulhority o f the stmic as €allows-

1. All such Crown laiids as shall have been surveyed in portions Crow11 I ~ W I ~ sitilato

of thirty acres or upwards anc~ have been oirered for sale by auction.

; ~ ; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

ancl neither sold nt auction nor purchased by selection within thiriy after being o f f w d at

the iimt aiqdicant exceptin; oiily such Crown laiids situate within. two miles

:it

the least from tlic newest part of the boundary of any

town

or villagc iiow ^OY Ilemvficr to be l>roclajmod.

2.

80

soon as any lmds shall bccomo open for lease as Appltc&Slioii for ~easce

aforesaid il s h d l lie ltlivi'ul for any person t o apply to the 1 a n d ~ ~ ~ ~ ~ , ~ ~ ~ l e to land

agent within whose itishict such land i s sittittic to be declared the lessee of' any pod3oii or portions of l n , i d so open t o selcctioa and iE case thcro sllall bc but o m applicant for any such land sucli sole appl icmt shall bc cleelwed the lessee.

uuctim to be open

clays aftcr being ofkrecl for sale by auction shall be open t o lease by for lease.

3.

In

1006 _30°

VICTORIrE No.

12.

Lensiiig Act.

T h e r e two spplicmts 3.

In

case there be two or more applic,znts €or the same lmicl at t h e same time the applicmt who shall offer aiicl pay the highest premium over and above the rent s h d l be declared the lrssce.

4. A11plications for leases shall be Imde in the form coi~tnined iu the schedule t o this Act ancl applicants sllall st Llie time of innliiiig application pay t o the land agent in cash or in laad orders issiiecl in favor of applicant the full amoniit of onc year’s rent.

Lease to be giveu, 5. The person declared lessee shall receive fr0.m thc laiicl agent

marc~ecl to sLwvey a lease in such form as the Governor in Council shall appoini ancl

Office. shall sign a duplicate lease which shall be forwarded by the land

agent t o the office of tlie Surveyor-General.

TWNS and couclitions 6. Every snch lease shall be iiiade subject t o the following coiiclitions-

(I..) The term thereof shall be for eight years inclusivc commenci~g from the first payinent of rent.

(2.) The yearly rent shall be ai the rate o€ two shillings and sixpcnce per acre wlieii the upset price of the land OF the sum for whicb it is open t o purchase By selection is twenty shillings pcr acre bnt if the upset price o€ such land or the price at which such land is open to purchase by selection be higher than ttventy shillings per acre then the sent shall lie increased in proportion.

(3.) The rent for the seconcl and each succeecling year shall be paid in cash in advance t o the Treasury a i Brisbane on os before the first day of January and in d e f d t of such payment in advance the lease shall be forfeited and the land and all the improve

revert t o the Crown forfeiture by paying

cash within ninety days of such original rent day a sum equal to the annual rent together with an additional sum equal to one-fourth part thereof by way of peiizllty but in the default of such payment of rent and penalty tvitliin ninety days the lease shall be absolutely forfeited and the lessee and any person claiming mider him mho shall thereafter remain in possession or intrude upon the land in such lease shall be deemed a trespasser upon Crown lands and may be removed in the manner provided by law Provided always tliat when the lease of any lands shall have been forfeited as aforesaid such lease shall be put up for sale by auction within sixty days of such absolute forfeitwe and the residue of the proceeds of such sale slid1 after paying the arrears of rent and fine with all expenses incurred by such sale

be paid

to the lessee his executors or aclministrators.

(4.) So soon as the lessee shall have made the eighth payment of rent as aforesaid he shall be entitled

t o

a deed of grant in fee-simple subject bowerer

t o

the payment of the fees chargeable on the issue of deeds of

grant.

(6.) If

at

any time cluring the term of such lease the lessee shall pay in cash or land orders into the Treasury at

Bris-

bane tlie rent for the unexpired portion of such term he shall be forthwith entitled t o a deed of grant in fee-simple subject however t o the payment of the fees chargeable on the issue of deeds of grant.

at same time.

F o ~ m of zpplicstiou.

- 0 o e year’s rent to be paid.

and a clnphata for-

of leases.

7 e It;

30'

VICTORIA3 No.

12, 1007

Amount of l m d to be

7 .

It

shall not be lawfnl for any one person co-partnership or held by ol,e lessee.

8.

Id-,

shall not be lawful for the lessee of any such lease op ^{Lease not to be} company

t o

become the lessee in any one year of more than two

thousand five hundred and sixty acres.

any person claiming through or mider him to transfer assign ~ r ~ ~ , , ~ . encmiiber the same without registering the same in the oEce of the

Surveyor-General and any tmnsfer assignment or encumbrance made or attempted t o be without such registration shall be absolutely void and o f no eirec

nssigncd ivitliout coil-

9.

A

fee o f ten shillings shall be paid upon every transfer pee assigiilnent t o be paicl 01' encum- v n 14).

It

shall not be hmful for any lessee under the provisions N~ c~nlnages for

assigiiineiit or encumlxance o l any lease issued under this Act. _{brance of lease.}

of this Act t o claim damages for any stock impounded for trespass

~ g ; ~ ~ ; ~ l , ~ ; n l

on his leased land unless such trespass shall have been committed on land surrounded by a fence.

after the same shall have been first open for lease shall as soon as con- soid by auction.

reniently may be thereafter be brought forwai*cl for sale by auction as Crown lands in the same maimer as if they had never been open for lease except that

it

shall not be necessary in 'my such case t o re-survey such lands nor

t o

deposit or issue fresh maps or plans of tho same.

12. All lands in agricultural reserves which shall have been Land in ngricnltux1

or niay hereafter bc proclaimed as open for selection and have remained ^~~~~~~~

z& ^ni:

SO open and unselected for o m calciidar month shall be open

to

lease treated If part of

by tho first applicant under the terms and conditions specified in the &leaSrng ^arcan

seventh clause of this Act

they shall be subject to the mme condition and restriction as t o culti- vation and quantity as if they were selected by purchase.

13. In the event of

any

Crown lands being resumed the lessees ~ o r n ~ ~ ~ ~ ~ s n t i o n for

shall be compeiisated by a proportionate reduction of their rent.

14. So much of the seventh clause of the Agriczclkial s c ~ e n l h Of clause Of of

Besemcs $cl of 1563 as requires residence on and feiicing of selections A~+-imrltsmlBesmes

11.

All

lands remainins unleased for the space of thrce years Lnllils nnleaseil to be

Providcd only that if taken up on lease Proviso.

land resumed.

Art of 1863 and Act

twenty-one. Lanc1.i subject to

provisions of the Fencing Act ^of 1S61.

is hereby repealed and also the Act twenty-nine Victoria number 29 VlCt. No. 21.

15.

All

lands leased undcr this Act shall be subject

t o

the p e ' e n c i 7 ~ ~ Act.

16. This Act may be cited for all purposes as the

('

I;emirhg

Short title.

' Act

^of 1866."

8CHEBULE