Crown Grants Confirmation Act 1848 No 15a (NSW)

No, LIV.

An Act to remove doubts concerning' the validity

of certain Grants of Land in the City of

Sydney, [17th June, 1848.1

WH E R E A S by a Proc lamat ion bear ing date t he e igh th J u n e one thousand eight h u n d r e d and twenty-n ine m a d e and

day of

publ i shed by H i s Excel lency L ieu tenan t -Genera l R a l p h Darl ing t h e n Capta in-Genera l and Governor-in-Chief of t he Colony of N e w South Wales rec i t ing t h a t m u c h inconvenience had been occasioned by the w a n t of sufficient t i t les for a l lo tments of l and in the Town of Sydney and t h a t such t i t les had not been issued by the Government except in a few ins tances since t h e th i r t ie th day of J u n e one thousand eight hund red and twenty- th ree in order to remedy the said inconvenience a n d to give the necessary security to pr iva te proper ty i t was thereby ordained and proclaimed t h a t on applicat ion be ing made a g ran t in fee s imple should be issued unde r t he condit ions in t he said Proc lamat ion specified to every person or his lawful representa t ive who on or before the said t h i r t i e th day of J u n e one thousand eight h u n d r e d and twen ty- th ree was bond fide in possession by lease from the Governmen t whe ther such lease was t hen expired or not or by mere r igh t of occupancy of a n y a l lo tment of land in t he Town of Sydney which had not theretofore been al ienated by the Crown a n d not specified in a cer ta in order of the Gove rnmen t bear ing even date wi th t h e said Proc lamat ion n u m b e r t h i r t y or otherwise notified theretofore! as be ing requi red for publ ic purposes reserving however and keeping harmless all r igh t s of other pr ivate individuals which m i g h t be lawfully established a t any t ime

t ime of t he m a k i n g and issuing of divers of t h e said g ran t s leases of t h e said lands which had been issued by t h e Government were unex­ pired and the said leases were not sur rendered nor cancelled nor recited nor ment ioned in t he said g ran t s A n d whereas doubts have been en te r ta ined whe the r such g ran t s or conveyances made and issued as aforesaid are valid in t he law and if is expedient t h a t such doubts should be removed Re it therefore enacted by H i s Excel lency the Governor of New South Wales wi th t he advice and consent of t he Legis la t ive Council thereof That all g r an t s made and issued a l te r t he date and publ ica t ion of t h e said Proc lamat ion by or in t he name of the Governor or person adminis te r ing the Gove rnmen t of the said Colony

thereafter A n d whereas since t h e i ssuing of t h e said P roc lamat ion

g ran t s in fee s imple of a l lo tments of l and in Sydney which had been before leased by the Government have from t ime to t ime been made and issued to divers persons c la iming t h e said land under t he t e rms

and condit ions set for th in t he said Proc lamat ion A n d whereas at t he

Colony for t he t ime being or in the n a m e of H e r Majesty 's Predecessors

K i n g George t h e F o u r t h or K i n g W i l l i a m the F o u r t h or by or in the n a m e of H e r presen t Majesty Queen Victor ia of any lands s i tua ted in Sydney and no twi ths t and ing t h a t t he leases which had been issued of t he same lands were a t t h e t i m e of t he m a k i n g and issuing of such g ran t s unexpi red and tha t such leases were no t rec i ted in the said g ran t s shal l be and shal l be deemed t a k e n and held to be and to have been from t h e respective dates thereof as valid and effectual in t h e law to g r a n t and convey such lands to all i n t en t s and purposes as if such leases had been surrendered cancelled or recited and set forth in t h e said g ran t s a n y t h i n g in any Act law custom or usage to the cont rary no twi ths t and ing .

2. Prov ided always and be it enacted T h a t no th ing in this Ac t conta ined shal l be deemed or t aken to affect or prejudice t he r i gh t s of any person or persons to any lands or he red i taments which shall have been or shall be er roneously or wrongful ly g ran ted to any g ran tee thereof cont ra ry to t he t r u e in ten t and m e a n i n g of t h e said Procla­

ma t ion a n y t h i n g in any such g r a n t or in this Act to t h e con t ra ry

no twi ths t and ing .