Crown land, occupation of (1842) (WA)

WESTERN AUSTRALIA.

ANNO SEXTO

VICTORIA, REGINA:.

No. VI.

Am , Act to prevent the unauthorised Occu-

patiOn of Crown' Lands.

HEREAS the unauthorised occupation of Crown Lands ig Preamble'

derogatory to the dignity , of the Crown, is likely to prove prejudicial to civilization and improvement, and productive of great expence to the public;_ and whereas it is expedient that inch evils should be prevented by , the prohibition of such unauthorised occupa- tion, and that the improvement of the Territory should be encouraged

6th Viet. No. 6. 1842

by the issuing of Licenses of occupation, conferring, to a certain ex-

Penalty for occupation of	tent, a right of preemption of the soil—Be it therefore enacted by His
Crown Lands without	Excellency the Governor of Western Australia, by and with the ad-
License, £10.	vice and consent of the Legislative Council thereof, that any person
who shall be in the habit of causing or permitting his or her horses,
cattle, sheep, or any other description of live stock, to ,be fed or grazed upon any lands the property of Her Majesty, Her Heirs or Successors, without having a license in the manner and form herein- after mentioned, shall forfeit and pay fur every such offence the sum of ten pounds. Provided always, that -no information shall lie for any second or subsequent offence, unless fourteen clear days shall have elapsed between the commission of such offence and of the former.

AND be it enacted, that all applications for licenses under this Act shall be approved by the Governor before the issuing of such licenses; and all such licenses shall be signed by the Collector of Revenue, and, countersigned by the Colonial Secretary ; and shall be in the form in the annexed Schedule; and for every such license there shall be paid to the Collector of Revenue at the rate of twenty pounds For every four thousand acres of land so granted in occupation as aforesaid, and every such license shall he and continue in force until the first day of July next ensuing the date thereof, and no longer.

Mode of issuing, price, II.

and duration of licenses

of occupation.

Bight of occupier under	III.	AND be it enacted, that the holders of such License as a-
license to pre-emption to

n certain extent, if effec-	foresaid shall be entitled to a preference over any other person in
ted within three months	obtaining a new license of such land, and no lands occupied by virtue
after notice of intended
sale.	of any such license as aforesaid shall be sold or otherwise disposed of to any other person than the licensed occupier thereof, without three months notice in writing having been given to such occupier; and every -such occupier shall be entitled to a preference over any other person in purchasing the same, or so much thereof as may be ap- pointed in the Land Regulations then in force, and in conformity with such regulations, at the minimum price of Crown Lands at that time, without competition ; provided he effect such puschase within such period of three months as aforesaid.

Compensation for	im- IV. AND be it enacted, that every person so licensed as afore- said shall, in the event of a renewal of his license being refused by the Government, or of such land being purchased by any other person, be entitled to receive from the Government as aforesaid, or from such purchaser, respectively, the full value of all buildings, fences, and
provements.

1842.            6th Victoriw, No. 6.

standing crops then on such lands; and such value to be fixed by two arbitrators to be appointed by the parties respectively—Provided al- ways, that if either. of such parties shall, after fourteen days notice from the other party of his having appointed an arbitrator, neglect or refuse to appoint an arbitrator, the arbitrator appointed by the other party shall proceed with the nearest Justice of the Peace to estimate inch value; and their decision shall be binding on all parties concerned, and that in ease of any difference of opinion arising between such ar- bitrators, they shall appoint an umpire, whose decision shall be final; and until the amount of such value be dul y paid to the party to whom the same shall have been so awarded, shall not be compellable to give up possession of the land in respect of the improvements upon which such value shall have been awarded.

V.     AND be it enacted, that any person or persons keeping stock Definition of ownership.

on shares, or by any other arrangement with the owner thereof, and not being the shepherd Or labourer bona fide hired by such owner to take 'charge of such stock, shall be , taken and deemed to be the owner of such stock, for the purposes, and within the provisions, of this Act.

respect of any offences against the provisions of this Act shall and may two Justices. VI. AND be it enacted, that all Informations and Proceedings in Summary jurisdiction by

be heard and determined in a summary manner by any two or more Justices of the Peace, who shall have power 'to commit the offender to gaol, there to be kept with or without hard labor for any period not exceeding three calendar months, in case the fine and costs adjudged by them be not paid.

VII.     AND be it enacted, that all Prosecutions in respect of Limitations of Proseett-

offences against the provisions of this Act shall be commenced within ti"s

three calendar months after the offences thereby respectively charged

shall have been committed.

VIII.      AND be it enacted, that all fines recovered under this Act Appropriation of Pines.

shall be paid and applied-as follows, that is to say ; after deducting the expenses of prosecution from the produce thereof; one moiety thereof shall be paid to the Colonial Treasurer, to be applied towards the Government of the Colony ; and the other moiety to the party or parties infirrming.

6th Viet. No. 6. 1842.

Act may be suspended. IX. AND be it enacted, that the operation of this Act be suspen.. ded , until her Majesty's pleasure be known.

"JOHN HUTT,"

GOVERNOR.

Passed the Councill

25th Aug., 1842. 5

EDWARD C. SOUPER,

Acting Clerk of the Council.

SCHEDULE REFERRED TO BY THE ANNEXED ACT,

LICENSE TO OCCUPY CROWN LANDS.

THESE are to certify (in pursuance of an Act passed in the sixth year of the reign of Her Majesty Queen Victoria, entitled "An Act

to prevent the 'unauthorised occupation of Crown Lands") that A.

23. is duly authorised, from the date hereof until the first day of .July next, to occupy the lands hereinafter described; provided the,

same shall not be sold to any other person ; and to cut, remove, and

use, all soil, timber, and other materials found upon the said lands, for the use and improvement of the said lands, or of any establish-.ment to be made thereon ; but not to sell or dispose of the same to

any other person; that is to say.

[Here follows the description of the lands]

And that the said A. B. has paid into my hands the sum of

on account of such license.

Given under my hand the day of

Signed, C D, Collector of Revenue.

Countersigned, E F, Colonial Secretary.

Printed by authority of the Government, by E. Stirling, Printer.