S N N O TRICESIMO PRIM0
An Act t o Consolidate and Amend the Laws relating t o the Alienation of Crown Lands.
[ASSENTED TO 28~11 FEURUARY, ISGS.
WEI~~REAS
it is expcdicnt bo consolidntc and amend tlie laws Prenmblo.Bc it enacted by the Queen's Most Excellent Illajesty by and with the aclvicc a i d consent of the Legislative Couiicil and Legislative Assembly of Queensland in Parliament asseniblect and 1 ) ~ the authority of the same as follows-
relating t o the alienaiion of Crowii lands
PART
I.
h t r o d u c t o ~ y
.
1. A t and from the time of the commencement of this Act the Orders in Council a i d several Acts mentioned in the schedule A Acts kc.
hereto annexecl and a~ rules and regulations made thereunder respec- tively coiicerniiig thc sale or other disposal of the waste lands of the Crown micl all otlier Acts 1aws and regthtions if any inconsistent with the provisions or spirit of this Aut in fo~ci. in the colony of Queensland at thc time of' the passing of this Act shttll be and a~ hereh;~ repealed saving always all rights claims peiialties :incl liabilities alre&dy trccrued or incurred and
111
existeiice But noihing lierein contained sliall alter Or repeal the Act of the Y a r h m e n t of New South TTal(:s twentyex,stil,g
Victoria
Victoria number tmenty-nine Provided al\\iays that tlie satisfaction of all such rights a i d claims as tiforesaid sliall be carricd out accordiiig to the modes of procedure and suhject t o the provisions of t h i s Act and that no aciioii suit or yroccediiig civil 01' c~iiiiiiial iii aiiy court of l a m r or equity alrendy comiiici~ccd or lic~realkr i o be commenccci under or by i-irtiie of any existing ActJ law or regulation in respect of any matter or contract8 already doiic suflercd or eiitcrccl into nor any penalty forfeiture or liability inciirred 01' to be incurred iuiiclcr any existing Act law or rcgulatioii ill respect of niiy contract already ciitercd into or aiiy act or matter alrcady donc 01- snffcrecl shall abate or be waived prc,j~dicccl or hindcrcd by aiiytliing hcrciii contaiued liut a11 such rights lizhilitics nctioiis suits and 1~rocwcliiigs shall l)c enforced and contiiiuc t o their l t i ~ v f d terniiiiatioii as if this Act hac1 not beell passed.
L-Ai t e q m l u t i o i ~ C/msc.
2. The folloi~ iug tcriiis within iiirertcd coiiiiiia~ slid1 for tlie p r p o s e s OS this Act bear thc, mcaiiiiigs set asaiiist them respectii\-clg unless wliere the context iiiiplies otlierwise-
" Crown Lanc1s"-All lauds vested in Hcr Majesty which have not been cledicatccl to any public purpose or wliicli liave not b e m graiitcd or lawfully contracted to be granted t o aiiy pcrsoii in fee siinple and all lands which at tlic time of the passing of this Act iuay have hecoine or which after tlic passing of this Act may become forfeited 1)y reason of aiiy breach in thc conditions on mliicli tlic same haT-e beeii granted OP
contracted t o be grantrcl.
" Tonrii I~inds"-All Crown laiids in aiiy city town or villagc a'lready proclaiiilecl or to be hereafter proclaimed as a site for thc s:~iiie respectively.
Suburban lauds. " Suburban laiicl~"--All Crowii lxiids within distmcC: of two i d e s from rtiiy town lands.
" Country land "-All laiids not bcing town or suburban lands.
'' Mining pwposes"-The searching and working of land for and removal therefrom of any iintural iiiiiieral body or liquid otlier than gold or water.
" Agricultural land "-All the rich scrub forest and opcu lands suitable for cultivation whether such bc found near rivers creeks the sea or iiilancl.
lrst-clans pastoral " First-class pastoral lami "-All good open or lightly timbered couiitry which though unfit for cultivation is well adapted for grazing pLu'poses.
land. agricultural or first-class pastoral.
Rima.
,
Interpretation of words.
CroJvn lulda.
Town land^.
.)ulltT Lnd.
ring purposes.
ultural land.
land.
Second-clrus paahral " SccOnd-clrtSS ] J L L S t O r d kLnd " - All c o u i ~ h g lands liot
" Runs"-A11 Cro~vn lancls hcld by lessees Lider any existing law for pastoral purposes aid not dividecl by inteimediate runs or distinct natural bounclaries.
" Settled districts "--All lai~ds described in scliedulc B to this Act togetlm with any lands which may lie Iiereaftcr proclaimed as such as hereinafter providcd.
;'
Unsettlecl districts"--hll Crown laucls ~ d i i c h at the time of tlie passing of this Act or nt any time hereafter shall not have been brought wiihin the settled districts.''
Township reserves"-All lands witliin tlie liniits described by proclamabion of thc Governor as fomiing a township reserve.''
Railway reserves"-All lands within three i d e s 011 citlicr side of any railway a t present constructed or tlie line for which has been smvryed and approved by Parlianient with a viewt o
future construction.Bettled .districts.
Unsettled distncts.
Township reser'res.
Railway resarves.
" Governor'
'
31” VICTORIA3 No. 46. 499
‘‘
Governor” and “ Governor in Council”-shall be held Governor shall meanindifferently to mean the Governor mitli the advice of Oovernor in
the Executive Couiicil.
Minister.
“ Minister”-The Secretary for Lancls.
“ Pastoral lease and license” shall respectively include every Pastornl lense.
(‘
Gcrzette”--The Q u e e ~ ~ s l n i ~ r l Go.z;ei*nmmt Gazette. Gazette.lease or licensc of Crown lands for pastoral purposes issued undcr Ilie provisions of aiiy lam-s now in force.
such lease or license vðer as original lessee or licensee or the lawful assignee of any such lessee or licensee.
menccment of this Act shall have ncquirccl any condi- tional right t o becoaie the purchaser of land in fee simple under any Act nom in i‘orce relating t o agricultural reserTrcs or under any lams or regulations for encouraging tlic growth of cotton coffec sugar or any other special production or unclcr the X,rci::iizg Act qf 1866.
shall mean any person selecting land under this Act sel’--l;essees.
with a right of acquiriiig the freehold of such land on fulfilling the conditions attached to the occupation thereof.
“ I)epositor” shall mean any person paying any money t o Depositor.
any land agent for the purposes of this Act.
“ Selector” shall mean the incliviclnal person who shall be Selector.
named as such in any selector’s certificate under the provisions of this Act.
the Surveyor-General that he is compctent to act as c2
survcyor under this Act.
he notified as tlic days ancl liours respectively upon which the land aqeiit ibr any particular district county area or portion thereof respectjvely shall have h i s office open for the transaction of liminess undcr this Act.
appraisers appointed in manner prescribed by this Act.
bonndaries or of any question or matter in dispute not coming under the head of appraisement.
or watercourse which according t o the regulations to be made under the provisions of this Act ought to form a bo~mdary between different blocks or allotnients of land.
woolshed sheep pen drafting yard barn stockyard fencing well dam rcservoir tank trough fencing of sheep paddocks artificial watercourse or wntering-place garden clearing cultivation or plantation of trees shrubs or artificial grasses or any other builcliiig erection construction or appliance being a fixture for the working or manage- ment of a r ~ m farm grazing-farni or plantation ancl of aiiy sheep cattle OY horses clepasturecl thereon and for maintaining or increasing the pastoral oi’ agricultural capabilities thereof Provided that such improvements be upon land belon,ning: to the Crown.
‘‘
Pastoral tenant” shall mean the lawful holder of any pustorRl tenant.‘‘
Agricultural lessee” shall mean any person mho at the C O ~ - Agricultural iossae.‘‘
Conditional pnrch2ser” “ Lesscc” or “ Homestead lessee” Conditional purcha-‘‘
Licensed sui’vcyor”-Any person holding a certificate from Licensed sumeyor.“ Office clays and lio~~rs”-Such (lays and such hours as shall Office clnyannd llouxb.
‘‘
Appraisement”-Settlement of price value or clamage by Appraisemmt.“ Arbitration”-Settlement in like nianner by arbitrators of hrbitrntion.
‘‘
Frontage”-Frontage to the sea or to any road river stream Frontage.“Improvements”-Any head station homesteacl store stable hut Iinprorementa.
500 31’ VICTORIlE NO. 46.
laiids wlic shall liarc poiver bo exercise the provisions of this Act
RcpIlatioas to be Provided h i t tllc Goveriior S l d d&r: a1id d.cchrc th(> dutiC< of
made. such coiiiiuissioncrs ix regulations to bc iiinclc by him for that par-
Regulations t o bo pose ,111 such ~ e g ~ l h b i o n s sha!l r i t h i u fourteen clays O f the iSSUc
laid
ment. before tliereof bc laic1 bcforc Parliainciit if tiicii sitting and if not within fourteen days of the eoiiiiiience~ei~t of the iicst scssion.
Governor in Council 4. Each commissiouer shall sit at thc laiid offices of hi<
of district at certain stnteil tiiiics t o be dcicriiiinccl by the Gomriior in
Commissioner's b. All questions siiall be clccided by thc coivliiiissioncr who
firnlcd by Governor shall give his decision i n open court subject to confirmation by the
in Council. Governor in Council.
Application book t o 6. A book to be called the “ Al~plicatioii Book ” shall be kept
be kept. opeii durkig office hours aiid at all land offices in which the name of
cvcry pers x i desiring t o malic any application to tlic commissioner shall be written in orcler by himself or any person duly a~itliorised i n his behalf and such app1ic:uit shall lodge a written staicineiit of the subject of his application and tlir coiniiiissioner shall consider mid determine all applications in the order in wliich they shall apliear in the applicztion book Provided that if any person shall not appear himself or by any person duly aubliorisect on his liehalf before the conimissiouer when called in his turn his alqdicntioii shall Isc dismissed until his ~ i a m c shall appear again in the booli in order Provided also that if two or more persons shall apjdy ai the same time for the same portion to write their names in the application book the land agent OF his clerk shall bracket their names aiid shall iiiitial the bracket a d when they shall appcar beforc the commissioner the commissioner shall determine bhe priority of right t o be heard by lot ancl it sha!l not bc l a d u l for the commissioncr t o hear any applicatioii escept such as shall be inade in accorclance with this regulation.
Conimissioner to
7.
The couimissioiier shall cause t o be kcpt true and dctailedkeep niinutes Of pro- minutes ol’ all applicntioiis made and all decisions therein and of all sums of moncys paid to the landagent and of a11 proceedings and such minutes shall be signed by him and shall be open to the inspectioii of all persons desiring to inspect the same during office hours.
Notice of resumption 8. Within four q d i s of the passing of this Act notice of
to bc glyentolloldcrs resumptio,i to the ho!dsrs of runs within the settled districts as required by the forty-fourth clause of tlie Act twenty-seven Victoria number seventeen aiicl not already resumed under the Agyicultzcral Resemes Act of 1S63 shall be given by the Minister for Lsiids and on the expiration of the period fixed by szicl Act of twelve montlis from the date of such notices such lands shall be opeii to selection by condi- tional purchasers or for sale by public auction or subsequciit selection
Holders of rims rimy as hereinafter provided Proviclecl always that shodd any pastoral tenant
lun8 within the said settled districts signify in writing to the Minister for
tion of tili9 Act. Lands within six moiiths froin the date of the aforcsaid notice his desire to Lave his run at once brought under the operation of this Act.
the commissioner for the district in mliich such run is situated shall iiiclicate t o the Minister for Laiids such portions of such run as niay probably be needed for townships or railway reserves and it shall be lawful for the commissioner to call on the pastoral tenant to di&k the remainder of the run into tm7o parts as nearly as may be 11y a right line or natural feature 2nd the comniissioiier shall then recom- mend to the Minister for Lands Ti-liich portion shall be resumed by the Government and that a lease be granted in favor of such pastoral tenant for a term of ten years of the part of the ~ L U least likely t o be required for selection or sale by auction not exceeding one half of the entire sun.
9. In
to determine the time
Commissioner. Couiicil.
decisions to be con- of tile
Priority o f 4 1 t t o mined.
be heard liom deter.
ceedings.
3f mns.
brought iinder opera-
31" VICTORIZE NO. 46.
c'i O / l l i / 17,<f>1(7> l ~ ~ ; P l / < ~ / / ~ J / / a'lr't Of 1868.
- - ____ ~
r n h e ~ ~ OIIC p y i r i c l o r l~olrls imo or more ruins adjoin- ~ 1 1 1 1 5 m a y ilc mncoli-
ing carhi othcr it x h l I I:c h ~ d * 1 ! 1 fir hiin mit!iiu thrce 1i;onthFj froin thc dntrrl pas5iiiq of 'his Act t o a1:plj- to lhe Minister for Lands t o have such riiiis coiisolidsted inio oj1c a1:d t1i~:mfier they sliall hc consiclercd for the 1)~1rpmrs of tliis Act ns 011.;: run.
dial1 be rcsmuzMc during iJie tcmi of the. Imse except, 11y a resolution ~ ~ ~ ~ $ ' ~ $ ~ ~ l ~ ~ i ~ ~ of 170tlr ~ ~ o k l s e s O f Par~i3;nlCnt Tvhcll it, q!d: l)c h l ~ f i i 1 for the GovPYnOr o f bot11 Hoiws of
in Council to resume any tracts of land uc!t less than e j g ~ i t scpare miles Parliniilcn'.
i n area in one block aiid j n r P s p . 1 of c . w h land so resiuinecl t o innkc a propoi4~ioilate vediictioii oC til? yearly rents paid by s i u b pastoral tcnants.
six iiiontlis a € ~ c r ~ ) c i i q c n ~ M o n to (10 so 1)y the coinniiwioner for ilic to
district in n-hic!i sucli ruii i1:ay IF 4tuatcd a fcahre s u r v ~ y of ihc3 sainc by a liccnwl s m ~ c p o r to eiiable tlic said coiiuxissioner to proceed t o a snldivision of the said run a i l 4 1 sliall flirther cazusc to be surveyed and marlxd out viihout clelny by 1wopcr boiiiiiiary marks as tlic coni- missioner n1ajr direct the division, lincs or 1)ounclarics betwceii that portion of the run iniondctl to bc lic!cl by him imder lease and those portions rcsuineil for public uses ss aforesaid the cost of such survey sliall be bornc in equal proportions liy the Governmcnt ancl the lessec Provided thal siich cmt dial1 not cxcccd tlic usual Government scale Proviclccl also that if the lesscc is unal~lc t o comply wit11 ilic aforesaid conditions lie 1-my within two months of rcccjving the notice as afore- said apply to thc Governmcnt t o survey thc run the cost of bhc same to be ilcf'rayed as hcrcinbcfo~c nientionecl Provided fnrthcr that the ten ycars' lcnsc of tlic uiircsuivcd half of tlie run sliall datc iiot latcr than thirtccn months from thc notice of rcsunipiion.
provisions for tIic?rt part of thr, original ruii Icmed to him as aforesaid 'lava t u x right 011 portioii of del'n3- of
shall be tlie mine as that p i L l hy way of rent ancl asscssmeiit for the 1.11n o p m for selcc-
r u n prior to such cliviqion nc; herciii1,efore provided Proviclcd always that any pastortd teiiaiit t o whom a leasc of any portion of any run so divided as nforcsnid slrall bo granted shall have during thr, continuance of the term of such lease a right of depasturc over tlic portion of the run iiot included in the lcasc g ~ a n t e d iuriler this Act until such portion may 132 by selection auction or otherwise reqiiired for pulilic purposes and on applicafion to t h Minister for Lancls sliall receive a grazing license to that, c f f ~ c t lint sncii grazing license sliall not be cleeiiied t o interfere with any grazing ri +ljs which inay lie accorded to selectors or purclrasers o f land ~~ncler tliis Act as inay in that behalf be provided.
pastoral tenant in tlie settled districts n-110 shall Pnstoral tennnts imy
n o t have signified his desirc t o take advaiitage of the foregoiiig their rl,lls su,,Ject to
provisions ol' this Bel> lnay hold his run or runs nC, tlie same rates after selection.
as at present for rent and assessment till the eiicl of the present term of his lease sulijcct at the espirtltioii of twelve months' notice as before mentioiied t o free sdec Lion by conclilional purchasers or t o sales by auction or sclcction of the whole or any part of his run or runs rdlownncc in tlic miit 1)eiiig madc at tlic end of each year in proportion to the quantity of land selected or sold chiring the year Provided always that not less tlian twelve months before the expiration of his: prsscnt tcriv ancl from time t o tiinc afterwards leascs for periods of fivc years at the upset price of onc pound per squarc inilc iu oiic or inore lots of those portions of the runs still unoccupied or unsold subj ec-l always to iimnediate free selection or sale as licrcinafter providccl may be offcrccl for sale by lmblic auction at; the 1:iiid offcc of tlic clistrid nfttcr at least oylc nioiith's notice
10. No lalid ~ ~ i i i l i l i tlic part, SO lcnsccl to any pastord tcnaiits Leased 1mds iu
11. hiij~ npplicnnt for a leasr. as nfor,.said shall furnish witliiii Festiire s u r r e j of riin lnarle
1 2 . Tlic rcnt p y a b l c by a p t o r a l tcnalit uliclcr thc foregoing Pustorn1 tenant to
?
13. Any
in certain cases liold
in
31" VICTORIA2 No, 46.
~ __
CI*OZOIZ L<riicls BIiciinfioia Aci of 18G8.
in the Goveminicaf GcrcPtte with proviso for allowance in rent for any land selected or sold clnring each year of the terins of such leases.
Riglit of p u d m s e of 14. Pastoral tenants in settled districts may prwious to the expiration of the twelve months' noticc of resumption i n a h lire-ci-tiptive selectioiis t o tlic cstent of onc acre for cmry ten shillings d u e of improvciiieiits at the samc rates as those rlemandcd from conditional purchascrs t o sccurc their h oine s t ends and iinpr ovenien t s in lieu of c oiiip cnsatioii thereof Provided always that sncli -pre-eiiipti~~e selections sliall not in a11 contain more than tn-o thousand five Iiundrccl and sixty acres 1101' be in more tliait three separate portions Provided also that in the case of any runs that mag be brought under the operation of this Act lire-eiiiptive selcctions to the above extent and with the like restrictions sild coitditioiis may also be macle a t aiiy iinie during the currcncy of tlie ten yenrs' lease i n the laiids inclucled in the said lease Provided i'urther that the homtdarics of all such selections shall beay thc same poportioii of frontage t o depth as required in tlic ense of ally other laiitls selected ~uicler ilie liro~-iqioiis of this -4ct aiiil that they shall in n o casc lie so measured as 1 o secure t o such selector exclusire control oyer any valuable permanent water I n consideration of the above pre-emptive privileges or either of them being exercised all claims on the Goveriimeiit for compensa- tion for resumed improvements shall be relinquished.
15. Any country lands in the settled districts -cvliich are not included in any lease or license for pastoral purpows shall be open for selcction from and after the passing of this Act.
Crown lands 111 nn- 1 G . A i q country lands in the unsettled districts which have
to seconcl not at any time been leased and which arc not undcr licensc for pastoral
class pnst3rnl land3 purposes shall be opcn t o selection as second-class pastoral lands and should such lands so selected be vithin twelve months after such selection included within the limits of any run talien LIP by the same person such person shall be entitled for the space of two years to select any additional portion of such run provicled that such further purchase shall bc in one portion and shall adjoin tlie original purchase and the maximum area shall not lie restricted by tlic provisions of this Act.
Tencing Act to apply
17.
Thc provisions of the Feim3ig Act twenty-five Victorialeanea. number twelve shall apply to all land held on leases for ten years
by pastoral tenants and t o the conditional purchases or selcctions made under this Act.
General Paovisioas.
15. It shall be lawful for the Goveriior with the advice of the Executive Council l ~ y proclamation in the Gazette t o declare what portions of Crown lands shall be set apart as the sites of new cities tomis or villages and also t o declare what lands shall be reserved from sale for any public purpose Provided that the Governor with the advice aforesaid may by proclamation in the Gcizette rcscind either in whole or in part any sucli proclamation as aforesaid in all cases in which sales of town lots shall not have taken place pursuant thereto.
19. All Crown lands within three miles in a direct straight line from any railway already constructed or in course of construction os of which for the time being the plans shall have lieen approved hy the Parlianient shall be deemed and takeii as railway reserves subject to be dealt with as hereinafter directed.
20. The Governor may divide into counties any Crown lands not already included in any county and divide aiiy county already existing or so to be created into parishes where such parishes are not already defined and may distinguish such counties and parishes respect,ivelly by names and proclaim the same and the houndaries
pastoral trnnnts for
Country lands open to selection i n certain cnsea.
settled districts open
t o lands held on
Proclamation of town and other reseiveo.
Railwnj reserve,.
Division of land into counties and parishes.
1 , P
thcrcof rcsycctivelp aiitl after aucli proclamation tho laixls comprisecl within such comitics aiid pari shes r e s p e c t i d y sliall tliuiiccforward bc recognised by such llallles as coiuntim and parishcs respectively.
21. I t shnll ljc la~vfnl for the Qoveriior from tinic t o t h o t o power tu Ive9ervB grant in trust or by l)rocltLniation to reserw (\ither temporarily or
:;i;:;;;p;z
forpcrinnncntly aiiy Crown lmtls ivliicli in his opinion are or may be required for quays lannliiig placos tramways railways railway stations roads bridges ferries canals or other internal comiiiimications or for tlic approachcq OP otlicr purposes necessarily appertaining to any such tvorlis or for reservoirs aqueducts or water-coLurscs or for the use or 1)eneiit of blic nborigiiiul inlin1,itanls or for the sites of markets abuttoirs public baths or vnslihouses schools or colleges established uiider the supervision of tlic Govcriiment according to any Acts for the time being in force iiieclianics’ institutes libraries lniiseums or other instittitions for public non-scholastic iiistructioii public gardens or csperiiiicntal farms and parks ngricu1i;nral and liorticultnval societies hospitals asylums infirmaries cstablishments for relief of iiidigent pevsons lock-ups police stations or pacldoclm gaols places for the interment of the dead or for the rccre a t’ ion coiiveniencc health or amusement of thc people or for niiy other purpose of public dcfeiice sttfcty niility conwiiiencz: or enjoyment or for othermisc facili- tatins the iiiiprommcnt aiicl settlcincnt of tlie colony.
23. Where before the commcncemeiit of this Act any Crown
lands have been promised and set apart for any of the purposes to grollt for public
hereinbefore mentioned if possession thereof ham beeii given or if out.
trustees thereof h a m heeii appointed or if a written promise to grant the same have liecn givcii by tlie Government aiicl if sucli promise he established to the satisfaction of the Governor and the fulfilment thereof bc claimed within twelve iiioiiths from tlic conimenceinent of this Act aiicl if notice of such claim lias been proclaimed for four successive weclis thc Goi-criior o n behalf OC Her Majesty inay 1rt;vfully grant! such lands in fee to triistecs for such pryosees.
shall not bc sold uiitil such temporary reservation bt.. revoked manc11tlj not to bo
by tlie Governor a i d after aiiy laiicl 113s been perinmeiitly reservecl sO1d’
every conveyance or alienatioii thereof cxcept for tlie purpose for which s w h rescrvatioii has been iilade shall be absolutely yoid against all persons whomsoever except as a p i i i s t tlie Crown.
24. When any land shall be temporarily reservecl by virtue of
xotlcc
of reservatlol,the provisions of this ilct notice of such resersratioii sliall be inserted by Crqwll to be 111-
for a period of not less tlmn four consecutive weeks ancl not iiiore t h a n thirteen coiisecutive Jveelis as circumstances may require in the Gouer~ze:zt Guzette and before m y sucli teiiiporary rescrvation is revoked iioticc o f aucli rcvocatioii sliall be in lilie imnner inserted as aforesaid.
2.5. Before :wy land is periiiaiiently rcsewcd uncicr the powers Kotlce pl.lor to per.
of this Act notice of the intention of’ aucli reservntioii shall be mnentreservation.
inserted iii the Govew~meiit Gctzettc for thirteen consecutive Tveelis and i n every snch iioticc thc land proposed t o be reserved ancl tlic pnrpose for which it is to bp rescri-ed shall be f ~ d l p desciibccl aiicl stated.
26. Wlicn IIer JIajesig has become or may hcreaftcr bccome P ~to ~ ,11 ~ ~ ,
entitled to niiy l n l ~ d i citliey by escheat for mant of heirs or by reason case ofeic1mt ,QC.
of any forfeitnrc for trcasou felony or otlierm-ise or by rcason that the same lias upon inquisition bccn found i o liave brcn gmntcd or other- wise vestecl into tlic use o f or in trust for any alien or aliens it sliall be l a d u l for thc Govcrnor on behalf of Her Majesty and according to tlio fornis of this Act t o grant auuli lr~uds iii fec-simple
to 011)- persoii for the purpose of restoring tlia same to any of the
prevv’ouspromisa purposes to be carried
23. Rftcr :my laad lias hecn tcinporarily r e s e i ~ x l the stime Ltlllcls rcscrved per.
8ortccl 111 Cfarette.
family
504
Application €01.
closing unuecesuary roads.
Application to bu advertised.
Cousequeut diena- tion.
Ct-uiwL L m t l s Aliciiatioii A c t 4 1868.
-
family of Ilic pcrsoii in wV:ioin or for wliusc bcncfit thc same hacl Iicen vested or of carrying iiito cffcct any iiitc,idcd grant convcyancc or clcvise of such last-nicntioiicil pcrson iii relation to such or of rcmarding tiny person 111aIiing discovery of sucli escheat or forfeitwe or of HCY Majesty's riglit aiid tiilc tliercto I'rovidcd tltnt before any land under escheat is re-conveyed 1 q the Cromii such s l i d be aclwxtised for two consccntivc inoiitlis in I h c Govei-mcizt Gcmttc.
27. It shall be lawful for tlie owner or o~vuers of any puxhased laiid adjoining a road wliicli is req~iircd for access t o such Irtnds only aiid not otherwise for p M i c usc or convcnlciice t o make application in writing to ilie Minister that such road may he- closecl.
25. Ou the receipt of sucli applicatioii the Minisicr s l d l cause notice tliereof to be inserted in tlie Grmlte and in such local newspapers if any as hc niay think aclvisable and fbr sucb period iiot less than two nor niorc t1ia:i six cideiitlar inontiis coiisecutiw-cly as lie may think right.
29. At the cxpimtioii of such pcyiocl 25: inst tdorcb:iid if tlic Govcriior approvcs of such application hc mty orcicr tlic closing 01 snch road anti upon payment o€ such 1)rike as lie may think reasonable (iiot being less than the original upset price o i such adjoiiiing lands) together with ,211 clccd fkes under tliis Act a grant in fce o l tlic soil of sucli road sh be issued t o the o~viier or ratcably t o the various niaimer as if such road had liccn purchascrl by him or them at auction under the Drovisions liereinhefore contaiiicd.
owners of siic
Y
1 zdjoining land OP as they may rcqucst in the sameI
sale in consideration 30. Upon application made within twelve montlis after the passing of this Act hy any p s o i i who may prior thcrcto have madc improvements of not less valuc than t8meiit,y pounds upon laiiils coni- prised within the boundaries of any city town or village OY upoii iipplication within twelve months aftcr the proclamation in tlic Goverizineid Guzette of tlie first d e of town lots sitmtecl within any new city town or village reserve within wliich improvements may be situated it shall be lawful for the Governor t o sell ancl grant the allotment or allotments containing such iniprovemciits to tlic owner of such improvements without competition at its fair value in an unimproved state not being Iess tliaii the niiniiuum upset price of such lands.
SalCS wlthout corn= 31. In cases in whicli tliere l n ~ y be no conveiiicnt way of
lletltlon in spcclal access t o any portion of Crown lanci or in which any portion niay be insufficient in area for public sale or iu wlicli a portion of Crown land inay lie between land alreacly granled and a street or road which forms or should form tlic may of approacli t o such granted land or in which buildings erectec! on l t d s alrcady granted i m y liavo esteudud over Crown lands or in m y 0 t h cases of a like liincl ilic Go~crnor may sell and grant such lands t o the holder or liolclerd of ac1,jaccnt lands without competition and at a price t o be determined by the Minister or other officer duly authorised in that behalf.
of improvements.
cases.
-Wi?biZbg Pzbrc7~uses.
Limitation of area thereof.
32. I u cases wlicre persons or companies shall l)c clcshous of 1)urcliasing laiids for ruining purposes otlier than for gold it shall be lawful for the Governor t o sell the same t o such person or conipany subject t o the following coiiditim-
(1.) The area t o be sold to any one person or conipaiiy shall in 110 case exceed six liuiidred ancl forty licrcs iior less than forty acrcs esccpt wlicrc t h o land inay Iiavc been previously surveyed for salc in which cw,c t h c application may be restrictcd to thc bouncl~rics already 1iiarlicd not being in any case less than forty acres.
(2.) T h e
3l0 VICTORIJE No. 46. 505
-
c_
Crotuiz Ln.zcls A l i m a t i o n Act of 1868.
.-- ____ _ _ _ _ _ _ _ _ _ _ _ _ _ _
--
(2.) The price shall i n no case be less than one pound per acre and the Governor inay affix any higher price which he inay deem to be the market value of tlie land without regard to the minerals therein contained.
( 3 . ) A deposit of five shillings per acre shall be paid a t the tiins of applicatjon and the balance of the purcliasc money within twelve inontlis (hit ii the land is situated in cithcr the pastoral clistricts of tlie Kennedy Burke Cook Mitchell Warrego or Gregory within eighteen months) from the date of the application being approved and the applicant shall also proclucc satisfactory cviclence that he lias expended a sum equal to one pound per acre in boizdJiilc working tlie minerals on said land.
Lcmd Agepzts.
timc t o appoint persons to act on behalf of the Government for the sale selection leasing and otlier~visc detiling wit11 the various descrip- tions of Crown lands according t o the several provisions of this Act ancl such persons shall bc stylecl " lnnd agents " v i t h the duties po~vcrs and lialiilities as hereinafter provided.
34. The Governor in Council sliall require a fidelity bond issued aovernment may
by a, public company from each land agent in a sum of not less than requre
five hundred pounds sterling.
this Act the land agent shall give the depositor a receipt for the same and shall within seven days thereafter forward a duplicate of said receipt t o the Auditor-General and every such receipt shall be in such form as the said Auditor-Gencral shall direct.
to account for and pay over to tlie C'olonial Treasurer any money which lic shall have received from any depositor whether lie shall linve given a 1865.
receipt for the same or not and whether such receipt be or be not formally accuratc ancl notwithstanding any error or omission on the part of the depositor or of the land agent such land agent shall be p~inzcc fcicie deeined guilty of embezzling money under the provisions of the Larceizy Act of 1365 relating t o public servants and it shall not be necessary t o prove any fraudulent intention on the part of sryh land agent.
33. It sliall be lawful for the Governor in Council from time to Power to appolllt.
-
35. On receipt of any moneys paydble UiiCk!r the provisions of Receipts to be given land *gent.
36.
In
any case in which any land agent shall npon clemancl fail ~a11d agent t o be subject to proviaions of Larceny Act of37. Yrovided always that a prosecution under the said Act for Prosecution under
or interfere with aiiy civil proceccliugs or forfeiture against any such pi-oceecImg against
land agent with respect to tlie money unaccounted for.
enter all applications to select Crown lands which shall be lodgecl a t ter*
his ofice and in the event of any such application bcing subsequently rejected shall record such rejection ngainst the entry of the applica- tion and such register shall be open t o public inspection during office hours.
Sales by &Lection.
colony shall comprise the area specified in schedule B t o this Act with further cxtensions that may froni time to time be made by proclamation of the Governor in conformity with resolutions to that effect passcd by both HOLEXS of Parliament or by proclamation of township or milway reserves.
40. ht,thc expiration of two nionths from the passing of this ccri L1ll clcscriptions
Act all lands within railway reserves wliicli as such are t o be esclude(1
;'t:;21:;d yp:t;;
fro131 the part lensed t o the pastoral tenant and countcc1 as part of the aelcctiou.
resumed hdf OB the subdivision of any run a.: nlso the country land
Larcen,y Act not to
any such default shall not whatever bc its result in any may prejuclice prejodlco m y civil land agent.
38. Every land agent shall kcell n register in which hc shall Agent to kcep regis-
30. For the purposes of this Act the settled districts of the Settled districts.
in,
606 31’ VICTORIA3 NO. 46.
\
in the township reservcs as well as all land in the reseryes made or proclainiccl uiider bhc Agi~icmltzwnl Rcseives Acl of 1SG3 shall till other.
wise classified be deemed and taken to be agricultural laiicl and shall as such be open t o sclection by conditional purchasers or sale by auction 8s liercinaftcr providcd Provided always that the comniissioncr shall not a t any time have the power to classify aiiy land in such railway or t0M.n.
ship reserve as second-class pastoral lalid Provided also that anything in this Act t o the contrary iiotivithstandiiig the lessee shall bc entitled to the lease of half his ruii for ten years under the pro&ions of this Act even if the same or aiiy portion of the same sliall be iiiclnded in any agricultw a1 reserve.
41. Previous to any land being open to selcction under this Act except a s mentioncd in the 1)rececling clause notification of its liouiidarics and the day €rom and aftcr which it sliall bc open shall be given at least oiie month prior thereto by proclamation in the Govelrziiieizt Cuxette and nearest local nemspaper Provided that the Governor may withdraw from selection any land for the purpose of survey with tl view t o its being brought forward for sale as surveyed lots.
Divieion into classes. 42. All lands witliin the settled districts that under this Act may be proclaimed open for selection shall according as they are allotted by the commissioner of such district t o conditioiial purchasers or honie- stead lessees be clivideci into tluee classes namely-
Proclamation of land to selectio”.
Agricultural land First-class pastoral land Second-class pastoral land
Limit to conditional purchasers.
43. Selections by conditioiial purchasers of agricultural land except such selcctions as come within the provisions of sections seventy and seventy-ono of this Act shall not be less than forty nor more than six hundred and forty acres.
44. Selections by conditional purchasers of first-class pastoral land shall not be less than eighty nor more than two thousand five liundred and sixty acres.
45. Selections by conditional purchasers of second-class pastoral land shall not be less than ciglity nor more than seven tliousand six hundred and eighty acres.
46. The mode and terms of selection shall be as follows-Any person (except as hereinafter excepted) niay on any office day during office hours tender to the commissioner or land agent for the district a n application in the form contained in schedule E of this Act for selection of land within any area proclaimed as open for selection as aforesaid accompanied hy a deposit in cash or land orders equal t o the first instalment payable on the land to be selected at the price of-
Fifteen shillings p e r acre payable in ten annual instalments of one shilliiig and sixpence per acre for agricultural land
Ten shillings per acre payable in ten annual instalments of one shilliiig per acre for first-class pastoral land
Five shillings per acre payable in ten annual instalments of sixpence per acre for second-class pastoral land.
Together with the survey fees payable respectively iii each case.
47. Applications for tlie conditional purchase of agricultuid land shall be received by the land agent and the land at once allotted subject to such general regulations concerning survey roads or the prevention of a monopoly of permanent water or otherwise as may be made pursuant t o the provisions of this Act.
48. Previous t o survey applications for first and second class pastoral land shall only be provisionally registered by the land
Limit to conditional purchasers.
Limit to eonditiond purchasers.
Form and notice of application.
Applications to be received by land agent.
Applications t o be registered.
agent
Piices.
31" VICTOKIlE No. 46.
_ -
Croton Lniids Alierintion Act of 1868.
507
agent ancl after survey the evidence of the surveyor or other credible witness or witnesses and his or their solemn declaration of its quality to the best of his or their judgment shall be obtained and sliould any doubts exist the mattcr shall be cletermined by personal inspection of the commissioner subject to such general regulations concerning survey roads or the prevention of a monopoly of permanent water or otherwisc as may be madc pursuant t o the provisions of this Act.
49. Any person making application t o select land uncler this coat of
Act shall a t the time of delivering such applicatiou t o the Or survey made by
Iaiicl agent deposit the amount of the survey fees payable according to schedule H of this Act Proviclccl that if the Government shall not have surveyed the land within three months of the date of such application the applicant shall be at liherty to have the land surveyed by a licensed surveyor ancl the survey fecs p i c l by him shall be returned.
frontage to any watercourse or main road shall not have a greater
;~F~;;z;;:~t;
breadth of frontage thereto than equal t o lialf tlie depth of said portion where the area does not exceed one hundred ancl sixty acres or two-thirds of the depth where the area exceeds one hundred and sixty acres but is not greater than three hundred ancl twenty acres or equal to the whole depth where the area exceeds tliree hundred and twenty acres and the boundaries not having frontage to roads or naiiiral features shall be rectangular and be dlrected t o the cardinal points unless the cornmissioner shall deem it desirable to direct that any other general bearing shall be adopted for that portion of country.
sLwveyed sild approvecl by tlie Minister for Lands the Governor shall lease.
issue to the selector a lease of said land subjcct t o the conclitioiis and provisions hereinafter contained.
lodged applicant.
50. Crown lands selected 11y lease before survey and having Proportion of front
-51. When any land selected as aforesaid shall have been to iasne
(1.) The term of every such kaSe shall be for ten years com- Term of lease to be
puted from the first day of January or July nearest to ten years.
the date of application to select.
shall be as follows for every acre or fraction of an acre comprised therein-
(2.) The annual rent to be reserved under every such leasexmt.
For agricultural lands one shilling and sispcnce For first-class pastoral lands one shilling
For second-class pastoral land sixpencc
and tlie second and all subsequent years annual rents shall be paid to the land agent on or before the thirty- first day of March in each ycar of tlic term of lease for which the rent is due and in clefhult of such payment the lease shall be forfeited ancl the land selected and all improvemcnts thereon shall revert to the CroTvva .
Provided that Chc lessee may defeat such forfeiture Forfeiture may be
for non-payment of rent by paying to the land agent in defeated payment
cash within ninety clays of the day on which klie rent within ,fillety days of
shall have fallen due a sum equal to the annual rent orlpn".lrent
together with an additional sum equal to one-fourth part thereof by way of penalty but in default of such payment of rent ancl penalty within such ninety days the lease shall be absolutely forfeited ancl the said lessee ancl any person claiming under him shall be deemed a trcspasser upon Crown land ancl lialdc to be removcd therefrom as such under the provisions of this Act.
of rent and fine
(3.) The
i J U 0
Selcctor to ercct and maintain boiuldary markr%s.
R.ight of cntry to work miiierals.
Residcnce neccsswy.
Grant iu fec on Ixoof af f d t i h e a t of ooditions of improvement.
Grant in foe on fulGlment of conditions.
---
(3.) The lcssec of any laiicls shall w-itliin six months fro111 tlic date of selcctioii if thc laiid be prcviously survcyed OF
within six iiioiiths froin tlie conipleiioii of tlic surrey if sclected beforc smvcy crect hnuiiilary posts along those boiindarjr lines of said h i i d mliicli slid1 iiot bc clefinccl by a watercourse or clearly defiiicd iintnral fcaturc such 1)osts t o 11c not less than six inches iii diameter ailcl s d i tx o feet into the gro~iiicl mid l x at lcast two fcct nbovc lhc surface ancl iii n o case shall tho tlistaiice belureeii tlic posts exceed f i x cliaiiis 01 tlic lesscc sliall crect a good and substant)ial €elice along such boundary aiicl if such lessee sliall allow said bouiiclnry posts to fall iiito decay the coinlnissioiier shall cause a iiotice t o he served 011 such lcssee requiring liiiii t o replace or renew such boundary posts within three months aiicl if the lessee sliall fail or refusc to replace tlie same accordingly the coiiiiiiissioner shall o n proof tliereof inflict such fine as lie shall see fit iiot cxceecling sixpence for each post and in default of paynmit of such fine into tlie liniicls of tlie land agent within one nioiitli from tlie clatc of notiii- cation tliercof tlie lease may be cancelled by thc Governor.
(+.) During tlic currency of such lease tlic Governor ur any person authorised in that behalf i m y eiiter o n any part of the lands included in such lease and dig and rcmove therefrom any gold or other inctal or metallic orc provided that any pcrson so eiitcriiig tlic land and removing any such minerals shall pay t o tlie lesscc a suni equal to tlic aniount of tlic actual clamagc which thc lessec shall sustain thcrefroni and tlic amount of such damage shall be dctcrinined by wbitrtioii 5s providcd by this Act.
( 5 . ) Thc lessee of any agricultural or pastoral laud his agcnt or bailiff shall rcsidc on such selcctioii contiiiuously and llojzd $de during the tcriii of his lcasc Proviclcd tliat if at any timc during the currency of a lease it shall be proved to the satisfaction of the coniiiiissioiicr thal the lessee has abaiicloiicd his sclcction m d failcd in regard to the performance of the conditions of rcsideiice cluing a period of six months it shall be lawful for the Governor to declare the lease absolutely forfeited and vacated.
(6.) I f within tlirce ycars from thc datc uf sclcctioii by lease of any pastoral land tlic lesscc slid1 1xovc by two crediblc witnesses to the satisfaction of tlie coiiimissioiicr that hc has resicicd in person or by bailiff on tlie said land for a period of two years ancl tliat ;L suiii at the rate of not less than ten shilliiigs per a c i ~ for iat-class pastoral land and five shillings per acrc for second-class pastoral land has been expeiided iii substantial iniprovc-, ineiits on the said land or that he bas fenced in tlie mhole of the said land witli a good k i d substantial kiicc then ibe coiiiinissioner slid1 issuc a ccrtificate that the conditions ahresaid liavc been duly performed and the said lessce sliall be eiititlccl t o a deed of graiit in fee simple on the payiiicnt of the balaiice of the ten years' rcnt.
( 7 . ) If within tlircc years from the date of selection of :rny agricalt u r d l a d the lessee shall prove Iiy two creiliiile witnesses
31" VICTOX4:Cl&
xu.
46._ _
Ci~ozuiz Zilds Alienation A r t of 1868.
509
witnesses t o tlic satisfaction uf tlic coinniissioncr tlltit lie or liir bailiff has resided on tlic Ian:! !uL- a period of not less than b-tvo ycnrs and that hc lias cspciided a sum cqud to ten shillin;.s pw acre oil tlic land comprised in such lease or if at any time during tlic currency of any such lcasc tlic 1::sscc shall prove by two credible witnesses i o the satisfaction of the said commissioner that hc lias cultivatcd one-tenth part of tlic land or if within three years from tlie clntc of selection the lcssec slid1 pi$& liy tlvo crcclible vitncsscs to the sntisfactioii of the said commissioner that he or liis bailif€ has resided two years on tlie said land aiitl fcnccd in tlic mholc with
CL good ancl substaiitinl fcncc then tlie said coinmissioncr shall issue b o such lcsscc a certificate that he lias cluly coinpliccl with tlic coiiditions of this Act ancl the said lcssce shall be entitled t o a grant of tlic land in fuc simple 011 tlic payment of the balance of the tcn years' rent.
No lease shall bc transferred 01' assigned until the original Conditions uiidei.
selector has obtaiiiccl a ccrtificatc from tlic commissioner
~ ~ ~ ~ ~ ~ ' " ( ; l s c r
that lie has duly pcrfornied the coiiditions entitling him to a deed of grant iii fee siinplc 011 the due payment of the tcntli year's rent But after the issue of such ccrtificate the lessee may transfer his lease by application to tlie Minister for Lnnds in the forin containecl in tlie schedulc G t o this Act axid the p a p e n t of a fee of ten shillings for the registration of cvery such transfer.
If after a lessee has obtained a certificate by tlie corn- ~ c s s c u I I I : ~ ~ ncquiw
missioner that he lias drily completecl the conditions of
~~,,s"'~f*cb~,g~;f
cultivation or improvement and residence required by rents.
this Act lie sliall pay into the hands of the laiid agent a sum eqnal to tlie aggregate amount of the aiinual rents which WO uld becoinc d ~ i e during tlie unexpired portion of the tcrm oP ben years' lease together with tlic ainount of' tlic decd fee such lessee shall l ~ c entitled t o ;L clecd of grant in fec simple of tlic lands compriseil in such lease I f during the currency of any such lease the lessee s l d l not have duly Pulfillecl tlic conditions hereinbefore speciiied tlieii on the expiration of tlie term of lease it shall absolutely cease and determine and thu lessee shall not have aiiy claim whatsoever to any miemecl lease or priority of claim to either leasc or to purchase blie land comprised tlierein or the improve- inen ts or to compensation for any part thereof.
If within ten yews from the date of selection of any laiicl RcsuulptIoll or ro,.ztis.
: ~ 3 at'ordsaid it s l d l lje deciiled 11eccssilry t o opcn aiiy public road through tliu same it shall be lawful for the Governor to 1)roclaim a public road onc chain wide tlirougli said lalid ancl tlic lessee or owner of such land shall only be entitled to compensation for the l a d taken for sue11 rorzd a t tlic raic of twice the sum which shall have bcen paid citlicr as rent or purclmc money t o tlic Govt:riiinc.nt for tlic arm so mumecl togctlicr witli tlic
\ d u e of' tlw iiuprweniciits or (:ultiv:ttion thereon such value to be detcriniiiccl 1)y arbitration Provided tdiat wlierc such road sliall be proclaimed through any enclosed lands the Govxm21ciit shdl Edlicl: off tlic s,zich roncl f m i i tlic adjacciit emlosecl lniicls with a fcnc:.
eq ~ d l y scrviccable with the fence within wliich the land
510 31’ V I C T O ~ ~ I L E KO. 46.
Croioiz &and8 A l i e i d i o i i Act of 1868.
laiid is otherwise enclosed but such fciice shall after its erectioii lie niaiiitained at tlic cost of the owner or 0ccLi~)tCiit of the idjacellt lalid.
3 2 . No couclitional piircliascr ?dial1 hold as such at any one time within tlie eiitirc coloiiy niore of thc clii€ereiit classes of lalid thau tlie maximum quaiitity of-
Limit to coiiditioiial purcliaser
Six hundred and forty acres of agricultural land
Tmn tliousaiicl five hundred aiid sixty acres of first-class Seveii thousand six liuiiilrecl aiid eighty acres of second-class exclusivc of lands held by tlie selector a s a lessee Lmder the provisions of the Alieimtioik uf CI’OWIL Lccizds Acl of 1860 or the Apiczdtzcrcrl Reserves Act of 1863 or the L e u s h y Act of 1866 or any of said Acts at the timc of tlie passing of this Act or of land selected for the growth of sugar aiid coff’ce under tlie provisions licrcinnftcr contained.
53. 011niaking applicatioii for m y land under the foregoing clauses of this Act a coiiditional pmchaser shall be required t o make a solemn dcclaration to the effect coiitained in sclieclule E Provided always that this shall iiot apply to coiiditioiial purcliascs or selections of laiicl made By a pastoral tenant to SCCLUC his liomcstcacl or improve- ments on tlic resumed half of his original run or to seciirc his hiiprove- iiients on the leased half as provicled by this Act.
54. No person sliall bcconic the lessee or nssignec of :ny of such land who is an iiifant or a married wonian not haviiig obtained a decree for judicial separation or an order protecting her separate property binding in Qtiecnslaiid or mlio is iiot a natural born 01’ naturalized subject of Her Majesty or who is i n rcspcct of the land which he applies t o select or any part thereof an agciit or a servant of or a tiustee for aiiy otlier person or who at tlie timc of his application has entered into m y ngrcenient expressccl or implied to perinit any other person to acquirc by purchase or otherwise the land for which he applies And a11 land applied for under thiq part of this Act shall be so applied €or the build $:de use aid benefit of the applicant in l& own proper ~ ~ c r s o n and not as the agent scrvant or
Proviso 111 case of trustee of any otlier person Provided always that if any person shall
breach of conditions. in violation of any of tlic provisions of this section beconie the lessee or assignee of any laiicl unclcr the abovc provisions the Governor may declare the leasc of such land t o be forfeited And on prcclamation of such forfeiture tlic term cwatcd by such lease shall cease and clctermiiie and all the right title aiid iiiicrest of the lessee and of every assignee in aiid to such lease or tbe lalid to mliicll it refers and all nioiieys paid in rcspcct of 6he land comprikeed therein and the said land itself with all improvcniciits thereon shall be absolutely forfeited and the said lttnd shall revert t o the Crown to be dealt with as lierein provided Provided also that all contracts agreements and securities iiiadc ciitered into or given with the intent or which (if the sanic were valid) would have the effect of violating all or m y of the provisioiis of this part of the Act or of any coverant or coiidition of a lease granted under this part of the Act and all contracts and agreements relating t o laiid selectcd under the foregoing provisions made and entered into liefore at or after tlie execution of a lease and t o take eirect wholly or in part at or after She termination of the leasc on completion of conditions shall he and are hereby declared t o b e p g a l and absolutely void whether at law or in equity.
Power to selrct lands 55.
It
shall be lawful for any selector of any piece of land oradjoining s e l e c t l ~ n ~ his legal alienee to make additional selection of lands adjoining to 1’astoral lalid
pastoral laiicl
Conditional pur- chaser to mahe declaration.
No ininor or iiiarricd woman to be lessee or
assignee.
his
31." VICTORIB No. 416. 511
his first selection or to each othcr but not otherwise and not exceeding in the aggregate including such first sclectioii six hundred and forty acres of agricultural land two tliousand five hundrecl ancl sixty acre4 of first-class pastoral land and seven thousand six hundrccl ancl eiehty acres of second-class pastoral lalid and suhj ect to all the conditions applicable t o such first selcction except residence Provided that in tlii measiwement of such a g g r e p t e the proportion of frontage to depth shall not exceed the proportion rcqiiired by the provisions of this Act in the case of an original selection Provided also that nothing herein contained shall prcyent the salc of the adjoining lands to ?ny oth& person heforc such aclditionnl selection shall have becn apphed for.
the settled districts boii4 JcZc residing on some part of such land iEc;g lauds
t o select adjoining Crown lands opcn for selection the arca of which shall not exccctl the maximum quantity allom-ed which selected lands shall be subject to all thc conclitions other than that of residence Provided that nothing hcrein contained shall prevent the sale of such adjoining lands to any other person before sclection shall
56. It shall be la\vfd for the C~OWII grziitce of ally lancls within Power t o select lands
I have been applied for by such grantee.
57. So soon as a lessee shall have made the last payment of Right to grant.
instalments as hereinbefore provided he shall be entitled to a grant in fee simple of the land leasecl to him subject however to the payment of the fees chargeable on the issue of deeds of grant ancl provided that he shall prove to the Governor in Council that he has faithfully complied with all the covenants ancl conditions contained in or impliecl by his lease under the provisions of this Act.
the provisions of this Act or ally person claiming through or under regiatered,
him to transfer or assign the same without the consent of the Minister for Lancls ancl registering the transfer or assignment in the district land officc and any transfer or assignment made or attempted to be made shall be absolutely void and of no effccb until such regis- tration ancl a fee of ten shillings shall be paid for evcry such registration 59. A transmission of interest by death or marriage shall not be deemed a transfer under the provisions of this Act.
60. No judgment of the Supreme Court or of any district court
E;;?:?
or court, of petty sessions nor any writ ofJicviJCacicts or warrant of
execution issued upon any such judgment shall hawe any effect upon Judgments not to
land selected under the provisions, of this part of this Act unless and attach.
until a grant of such land in fee-simple shall have Seen issued.
of the Crown entry upon any land selected aiicl leasecl as above for c18imed
breach of any of the provisions of this Act or for non-payment of instalments or breach of any conclition or covenant contained in any such lease as aforesaid such forfeitme shall be proclaimed and the Governor may cause the same to be notified as again open for selection or direct it t o be solcl by auction in fee-simple,
of land under this Act to clepasture upon his land so conditionally or otherwise purchased until such land is sccurely fencecl more than in the proportion of twenty head of cattle or horses or fifty sheep for every hundred acres of land Ancl the brands of all such sheep cattle or horses shall be registered a t the officc of the commissioner of the district.
sioner for the district that any conditional or other purchaser of Pnstnrage.
land or pastoral lessee undcr this Act has broken the conditions of this
58. It shall not be lawfid for the lessee of any land under Trausfer dic. t o be
61. I f the Governor shall make or cause to be macle on behalf Forfeiture to bepro-
62. It shall not be lawful for any conditional or other purchaser Proportion of pasturage allowed to purchasers.
G3. Upon proof being given t o the satisfaction of the commis- Penalty for over
Act
