Crown Lands Act 1846 (SA)

Case
No judgment structure available for this case.

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'I'u

i\'egttltrtc tlrrc O c c ~ i p t i o ~ ~

qf

Crozo~t Lmls irz Su~tk,

Australia,

[28tIr h g t d, la 16.1

4

. i.

43;: TT I-IIERIEFORE EHACTEI>

by the Governor of South Australia,

\i.iiir tlic advice and cousent of the Legislative Couilcil thereof,

'

t h a t from ailcl after the passing hereof, an Ordinance passed on

tlte twenty-fourth clay of November; one thousand eight hundred aud forty-two, intituled An Act for protecting the Waste Lands

of the Crown in Sonth Australia. from encroachment, intrusion,

and trespass," shall be and the same is hereby repealed ; except 6 Vie.. No. 8-Hp*

ia so far as regards all things heretofore lawfully done in pursuance pealed.

I

thereof; and except in go fitr as any former laws are thereby re-

..

pealed.

II. AND R E IT

ENACTED,

that it shall be lawfi11 for Her c,,i,ionem

' of

Najesty, or for the Governor, subject to the approbation of Her f i ~ w n ~ ~ ~ b

Ihjesty, from time to time to appoint, during her Majesty's

.

.

pleasure,

..

0

..

>

pleasure, with reasonable a i d proper salaries, fit and proper pc

'sons, being Justices of the Peace, to be Co~nrnissioilers of C

,

lands, to cxecute this Ordinance throughout the Province, or

districts thereof as may be assigned to them respectively by

Governor.

myerl~or l1lnynlkk? *

111. A M

I) DK IT ENACTED,

that it shaIl be lawful for the Goveiw

I egulationa.

I to 111akc: :ind issw, from time to time, such orders ancl rcgulntic

' as in:,? bc nrccsaarp and prolm iijr t.110 rntldugenlent of tlro wii

;1;11itla of' ~ h c

C:~nvn, and for tllc guidwcc of!,thu Corn~rrissionerrc i~

t l~c i r

olliw, wllicli rc.gulnt.ioire, rot being contrary to law, shall, 01

clw~~~blicat. ion

by authority in the Govcrnmen~Gnzcttc,

be t;ilir:ll CO(.

niznncc of', b y all .Tusticcs of tlm Pcacc, and bc binding on thc s u ~ i

'Con~missioners, slid oil all others whom it may concern; and t110

same from time to time in like manner to revoke and alter.

Powers of Commis-

W, AXD I:F. IT ENACTED,

that it shall be lawful for every such

sioners in disputes

as to Runs.

Cominissioner to adjust all disputes and differences between indi- viduals respecting encroachments and trespasses on Crown lands occupied by them; and to litnit and define the boundaries of

Tans as occasion shall require; and whensoever any complai shall bc made to him, by any ncgrieved party, of any such encroach- ment or trespass, he shall clquire into, hear, and, if' necessary, view arid take cvidence on oath touching the matter of' complaint, ancl cictei-mint tlre satue iu n summary way, and shalt make such lawfnf orders thcrcupon, and issue stzcli wanmts as slmll be necessary

to ctlforcc tile csecrttion tlicrcof. And if any damnge shall be

claimed in rcqxct of ally such cllcronchmcnt ar trespass, the Coma rnissioncr shall arid may assess thc samc, and ilward and ordcr

payment to the party aggrieved of such damages as shall be proved

to his satisfaction, not exceeding the sum of twenty pounds, and

came the same to be levied in like manner as any Justices may

cause to be levied any penalties under this Ordinance.

Cqrnmisuh~ners mny

V. Axn - u ~

IT Ex ACTED, illat in Cask? any person shall ~ 1 d i I ~ -

possession of fully iutrude upon, occupy, or take possession of any Crown lands,

Crown !nn&

un1il.w-

inlly occuyi~d, anri and shall refuse or neglect t o deliver up and quit the possession of

h n.

rr~c ' intruders there-~~~h lands for ten days after service upon him 'or his agent or

overseer, of a notice to quit the same, signed by any Commis-

sioner of Crown lands, it sliatl be lawful for any Commissioner of Crown lands to enter upon such lands, with such assistance as may be necassw,r. nnd to take possession of the same on behalf of the Crovin, iuRailier with any houses or other improvements that m a

have Lcen m d c: thereon, and the same to deal with as he sha

deem most espcdjent for the purpose of expehg suc

h

therefmc, and also to expel and remove allpersonsfound tr

ing thcreon.

. . .l

VI.

A X D BE

IT EXACTED,

that it shnll be lawful for every su

Cotumissiocer, and he is hereby authorised and empowered to gi

any notice, make any claim or demand, and to depute or autlmri

Guy pcrson to make any cntry, which shall be requisite or expe-q dieut to bc given or made, by or 011 behalf of Her Majesty, Her IIeirs or Successors, with a view either to compel ally tenatrt,

Icssoe, or occupicr of any part of the Crow11 lands to quit or deli

up the yosscssion thereof, or to compel the performance of

'

covenant, contract, or eogagamcnt in relation thereto, or to recover po~session on non-performance of any covenant, contract, or agree- ment, or to compel the paymcnt of any sum of muney which ought to be paid in respect thereof, and to give any other notice, niake,

ally other c\aim or demand, and depute any person to make any^ other entry, wl~icla ~ ! ln l l or may be requisite or expedient to be E nit.en or +made, by or Eor or on behalf of Xcr Majesty, Her Weirs

or Successors, touching any of the Crown lands; a i d every such

notice, claim, or demand, \;hi& shall be given or made in writi undcr the hand of any such Commissioner, for ally of the. purpos

aforesaid, and every cntry which shall be nmde hv any person

dctxzted or authorised to male the same, on behalf ;E

H kr

JXajesty

I&

Heirs or Successors, i~ i to

or upon m y of the said Crown iauds,

shall be g o d, valid, mid cfiixtu:~l,

to a11 irltents n i~d

purposes what-

socvcr, t ~ t l dm!i h:,i~c S I I C ~ aild. the lific force and eff'cct as i f the

same wcix rcspcctivcly given or tmde by I1cr Majesty, Her Heirs

ul. $~~c.cc:;svrs; arid all si~ch notices, claims, demands, or entries, sll:lll rcspcctivcly bc dcemcd, const,rued, and taken to liavo been

given acd made by or on behalf of Her &!lajesty, Her Heirs or Suc-

cessors, any law, custom, or usage to the contrary in anywise not-

withsta~lding.

Vfl. Asn

n E IT XSACTED,

that it shall be lamfnl for every such

Commisdonera e

powered 10 distr

Commit:sioner, and hc i s hereby authorhed and einpowerd by virtue

for rent.

of

his appoirlt~uent alone, and without any further order, warrant,

or nutl:aritv

whntsoevcr,by himselfor any person whom he shall for that

purpose d k p t e, to makc distress fur any rent which sllall be due,

iu arrear or. unpaid, from any lessee, occupier, or tenant of any

6roxw Iznds, or from any pcrsoa liable to the payment of any rent, and the goods, chattels, and effects so distrained, to impound, sell, and dispose of, as in ordinary cascs of rent in arrear.

VfIT. AND m; :IT

ENACTED,

that if any cattle shall be

lawhlll y trespassing upon any Crown lands, whether fen

eneiosed, it shall be Iawfid for my Commissioner, or for any p

xu?iicsriscd by any Cor~tnlissioncr in that bellalf, either gencm

in the mtieulsr'casc, to impound the cnttlc so tre

public bound, to be dcnlt with according to law :

no Colnmissioncr nor any pcrson acting under the

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, $;

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*

3

!,

' $f';

f v,$

a

Co~omissiouer,

sl~all

be auth6riskt.I or required to impound chttle

-

trespassing upon lands forming part of any defined run, unless such

,;

cnttlc shall be found trespassing 1x1 defiance of an adjudication mark

by the Comn~issioiler

with respect to such land.

~pcaaltieta

i i r unatx-

XX. Asn BE IT E?:ACTLT),

tlwt whosocvershall occupy any waste

11101 14.

occupnlion

iands of tllc Crown in South Australia, either by residing? or by

+

of cr<w~

hinds.

erecting any h u t or building thcreon, or by clearing, enclosmg, or

!

V

cn!tivating i n y part thereof; and wl.osocver shall fell, remove, or sell the timber growing on any such lands, without, in either case,

I~aviag

it valid lease or license, far such purposes respectively,s'hall,

t

on conviction, forfeit and pay the foollowing ,penalties, that is to

say, for the first offencc, m y s~ t n not csccedmg ten pounds; for

i

tlr'c s~rond

oifcnce, any sum not cscccding twenty pbunds; and

i

t b ~

t i le third

IWII ;~ny

s u b s c q ~ ~ n t.

oiikncc, m y sum not excccdiug

fifty .puuuds: YIKVIDED ALWAYS, that no inior~nation 1911'111 be. laid

ar broxght for nny secand or :ubscquent ofFencc, until the expira- tion of fourteen char days from the date of the previous conviction.

Proviso as to tim-

S. PROVIDED

ALWAYS,

A X D fiE

IT

~ ~ S A C T E D,

t

fw40rncsLicuscs notice h r given by tile Covcmo~,

t h t iho tiinber

portion of ' thc Crcwn lands s i d be rcscrved

nothing herein contnincd shall be constrnccl to

m

occ~lpicr oS Crown l:mcl, or his orwseer or and as may bc ncccssary i'or domestic purposes, for

stock-yards, -or otlzcr conveniences for the imjo

land; and provided

that IIQ p n t o f such timber

that the sn~ne

&ail be B012d Jide cat for some purpose he

specifkd.

Cr.tt*tito;t of ~)3311 i*

XI. i h

r ) WIERJI:AS

it is espcdient to esteli

r q c a:t

was!c Lauds

,

occupation of

purcl~ased

land in S o ~ t h

hustrali

OE the r r o r n.

comanon pasturage over such waste lands of the

mcdi;ttc vicinity, as arc not held under ally lease or license, an

regulate the due apportioniq of such advantage a m o ~ g. t h

occnpiers, BE r?. I ~ A c T F: ~,

that TvIrel~ever Her Slajcsty,

C4oveinor acting, on behalf of Rer Mirjestp, shall, by Prock d u l ~ mndc, divlde m y county, or settled portion of the Pr

irt.to i'ruacireds, and dccla~c the bounclaries thereof, it shall be

fbr the ComruissJowr of Crown lands, on or before the first

Dsveinbcr in each year., to compute the qimitity of' cattle c of' bring clcpzstured an such waste lands of tlre

inng be depastured on thc waste lands of t

in ariy I lmdrcd: and hming regard to thc yhich

acres within the EIundred, to dcclarc by notice

such Hmdretl, in respect o f any given nurnbcr of purchased acre

within the same by the occupiers of such purchased land; six he

of s:nall cattle being dccrned equal to one head of great cattle; a such notice shall rcguhte for t!le ensuing year, commencing on t

first day of January then next, the proportion of cattle to be

dcpm"tu;ed by the occupiers of snch purctlased land, six head salnil cattic being deained eqwJ to one head of groat cattle ; a

xire occripiers of such pnrchased land and no other persons shall

entitkd to depasture cnttlc on sac11 waste lands within the Hundr

in the proportions a foorcsnid: P ~ o v l n e u that nothing herein co

tained, slmll pprevent the sale of any part cf such waste lands, n

afiffect the onjoyclent or tile pnrclwser nor occupier thereof whe chnscd, cxccpt that neither thc purchaser nor occupier shall, pect thereof, enjoy common of pasture within the hundred during ihe

vear wherein tlre purchase slid1 be made.

5 3 ). AND m r?. EXACTED,

that wfioso~ver

shall

depasture cattle J W ~ t u r i n w 1 ~ 4 t a:

hereto.

on tlrc coinmm waste kind within any hundred, not bciag an ac-

c a l k - of purcl~ascd laud within such hundrcd; or shall depasture. .

.

orr such wastc lands as aforesaid, a greater number of cattle than .: slridl bc so apporiioncd, shall bc liable to the same penalties and .

procwding::

as in the casc of m y u r h v f u l ircspass on Crown hods:

P:)lrasruw that no ~ ~ e ~ w m

cntitlad to common of pasture witbin

a n y i~%ndrcd shall bc liable to any penalty for dcpisturing cattle

rm thc waste lands within tlio same, unless he shall dapasture tliercctn 3 gcc'ater numher of cattlc than his due proportion, , as $ dccfarcii by thc Cornmissionez' as aforesaid.

3

111.

' P; zovrn~~

nr,wAli.s,

n x u BE IT EXACTED,

that no per

:+hi:!i lx entitled to such coinnml of pasturage until he shall h dcpositod with thc Commissioner of Crown Lands a declaratio

the number of purchased acres lawfully occupied by him in eve

ci.+ct af the Scherfulc Imeunto annexed marked A, of the parti

htindrcd which he claims such advantage, in form or to t

culxrs contained in which declaration the Commissioner shall, from

time to time, at such periods as shall be found convenient, cause

;hatracts t o be published in the South Australian Government G3zctte for general information: And whosocw shall knowingly ~ m k e any false stsLte;ncnts in any such declaration, shall, on cou- victim fbr every such offence, forfeit and pay a penalty of not less thnn fifty pouads, nor more than one hundred pounds.

X'LV. -AND

BE r.r EXACTED,

that every pcrson depasturing c

on any waste lands of the Crown, shall make or cause to bc made

to, and deposited with the Co~nmissioner of Crown lands

nlontli of Septeru'ucr in cvery year, commencing in September, one

thousand eight hundred and fortysix, a return, according ta the

~vhicll yearly assessmr~l ts respectively, shall be paid by dcpasturing, t o the Colonial Treasurer (or to such 0th

may be appointed by tllc Governor), on or before the

?eccmber in every year, for thc year commencing QP th

uf J :~nuory, t l~en next ensuing,

the first pavmeut thcre

11:ade on the first day o f Ilecember, one thdusand ei

and forty-six.

2

~ m m i ~ a ~ ~ ~ c r s

to

XVT.

AND m KT ENACTE

assess and m&

re-

first day of October of

ewry jm

tnma yenrly.

October nest, praceed to mek

pnsturcd as aforesaid, and shall

Colonial Treasures, or to such

the Governor, in the ibrm, an

set forth in the Sctledule to th

the letter C, accordhg to \v11

mentioned shall be payable,

surer, or to suck other office

tppointed fcr the payment thereof.

Comi~s io l l er S ~ A U

XVII,

AN D BE IT ENACT&

hcrw n written notice

ui,al the partics lia. 00. 0 s h f o ~ ~

the first day of

rnent re driug them

such mscsa- in the farm coutniiled in the

I),

to be served upon the pe

IQ pay J,e same.

... as3cijerucnt, ~rt

to be Xcft at

the Province), or with the

.

..

it: "

,

XVIII. BKD BB 'IT ENACTED,

that in case the sum me&tioned

f

the said not.ice SO served on, any person rcqrlired to pay the game,

a

shall nppear to such person more than he i s legally bound to..payj2

such person may appeal against such assessment to the next

of General Quarter Sessions of the Peace: PROVIDED

that sUch

pcrsu:~

slid1 give to 'the Commissioner a notice in writingof such.

L

appeal, and of the p u n d s thereof, witliiu ten days after the service

":

?

8s aforesaid of the said notice, and shall also enter into a recogni-

?

zancc' in double the amount of such assessment before any Justice'

L

conditioned personally to appear nt the said Sessions, and to t

i

such r rppdJ and to nbikle the judgment of tlic said Court, and

i

pay st~i:il md such Court shall hear and dctermino the matter of the nppe eo$ts and espcnacn as sl~all be by tlm said Court awarde

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5111d shall. make such order therein as shall secrn meet; and in cas

F

the Caurt shd l think tlrc appdlsnt entitled to rclief, such Cou

1

$ha51 order the auscssmcntto be amendecl, and the proper officer o

5

tile Court shall amcud the assessment accordingly; and in case

2

,

the dismissal of tIlc tippcal,.or the afErmaacc of tile said asse ment? shall urddr and adjudge the person so appealing to pay t amount to the Cofouinl Treasurer (or other officer appointed

'!

atoyesaid), and also such costs and eqenses as may Le awarcled.to

,

t

1

thc mid Commissioner by.the said Court, within such time .as the

::

Court may deem meet; and if such costs and expenses be not pB within such time, the said Court sball'and may issue a warrant

. .,

jl

E

distress ,to levy the a m u n t of such costs and expenses, bv a

L

,

/ '

tress and sale of n suEcient part of the cattle, goods, an4 &a

i

~,

of the person m appealing.

j i

);U. A m ne yr ENACTED,

that in case any person so

to pay the said asssesment, and upon wh intcndcrrt or agent such notice shrill have

. said, or iu case any person so adjudged to

the said assessment, upon ~ p p e a l as afores ncglect to pay thc amount duc upon the da notice, or within the time adjudged on such

with costa, i f any, as the case may be, it sh

far the Commissioner to ivsuc a warrant u

directed to some coiistabIe, to levy the am

at the rate af ten pounds for every hundred

the time when the same was so appointed or a

costs;, if any, as the case inay bc, by distress a

of the cattle, or other goods m 8

chat&& uf th

manner as in case of rent in arrear between lan

XX. AND BE IT ENACTED,

that if at anyti

~nissionci. of

C~~owtl

lauds, or srich ottrcr officer as the Govcmor

from tinic to time may in that beliaif appoint in a summarv wa I h r e any two or more Justices of the I'eice, other than'suc Commissioners; aild ail procwdings under this Ordinance m a y b hail and t,akctl, ancl crery person feeling ngrieved by any ju

tn r:nCt corr vic tion, or' ordm undc.s this Ordinance, whether made

.

such Ju+;tic::s, or by any Ccmznissioner of Crown lands, in case where jurisdiction is specially gjvetr to him by this Ordinance;

r;h:dl be entitled to n,ppcal therelrom, 1.1ndcr ancl according to the

laws i n firrcc within t;hc l'rovincc for the time being, for reguln.

ti ng :;t,inllir:rry

prorcctlin:;.~ I~cfizrc J ~ G ~ ~ ~. C C H

of the Pence: I'RO-

zt l r )b; i ) I\ i.~v,\~-s,,thnt any pcllizlt.y, firlc,

or fhsfcituru,

cxcccding l110

:;um

of fifty p ~ l i l d s, shall only be recovered by

nction of d

a t tlrc suit'of llrr Majcfity's

Advocntc General, i n the Suprern

Court of this Province.

X X P. A ~n nr, I-r ENACTED,

that a11 fines, forfeitures, pcnalti

and o t l m stuns of money, levied, or inlposctl by virtue of this Ord

uancc, shall bc paid to the C;oZonial Treasiirer, on behalf of He

Majesty, IIer IIeirs all1 Successors, for the public uses of the Pro-

v i i m, and the support of the Government thereof.

SS'u' 1. ~ X D

rm IT b n c r ~ n,

that in m y action, suit, or proceed

aga l i~sz any persun for or in respect of any alleged unlawful oc- cupatisi: or* use cf any Crown lands, the proof that the occupation,

u;w, or c. :! icy~m~t iil q~icsiion was authorised by the provisions of

this Ol4Ennlrce, or of any order or regulation made in ~ U r S U

t.her;?oi; shnI1 lie on the cicl~ndailt

; a d

the averment that any 1

iu p e s t i o n arc Crown Innds, or waste lauds of the Crown, shall

sni-IIcicnt witiiont proof of such fact, unless the defendant prove t

cor;t17ary; ancl

all maps, plans, iicensc:~, certificates, and office co

pies certified au true ncder "the hand of the Surveyor General of the

Frovince, or of the propm oficer of his department, or of any Com-

miasiorter of Crown Zarids, siirall in all matters relating to the said

respective oflices be suKicieuC evidence of their contents, without.

pmlzlctian of oiiginal records, and wit.hout the personal attendance .

of s;iciz ofEct:rs, ur proof of their signaturee.

XXVI1. A N D n E m ENACTED,

that all Sheriffs, Justices of the Mfigiat1;9teaaadotB.

cers to be eiding and

Peace,

constnblcs

and o i lm O W C C ~ S

af jns tice, shall, bcing there.

lint0 r~quired hy writing under the hand of any such Commis- aione~~.,

sioner, aid and assist such Commissioner in the execution of his -

duty under this c')n:dinalux: And no suit or action shall be brought'

L.

I &

.,

or cotnnm~ced

against ally such Sheriff, Justice,

or Officer, for ally-. ,

nth, mnttcr, or tlriag donc by them, or m y

of them, upon such re-

r j ~ i s i t i o n,

h r

nuy suit or ilction slur11 nnd may k

brought ngninwt ,.'

ti~loh

Cornrnissio~r~r

: I I ~ I, K ?,

k r any act, matter, or

thiag so dono by

him, or by his autliorily.

XXVIII. AND

h.

I"

i'

i~rocceainv not

to

S S V I I I. Anu BE

IT Ex,icreo, that no orcllcr, judgment,or other

i

ba cimduxi or rc-

1 .,

cellb'.,zri.

pr~oe.cding made by any Commissioner or Justicc of the Pence

+

touching or concemii~g any of the matters aforesaid, or torlcbing.

rttid concerning thc conviction of any offender against th is Ordt

nancc, shall be quashed or vacated for want of fbrtn only, or be

I

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removed or removable by certiorari, or any writ or process tvtmtsoc

ever, into ;my Court of "Superior jurisdiciion

con~mi tmrnt

cilmll be beld void by reason

pnwidcd that i t be therein alleged that the p

victed, nud that thcrc bc a good or valid convi same ; ancl wllerc any distrcss shall bc made for by virtue of this Qrdinancc; the distrcss itself S

t~nlawfill,

nor the party making the somc be decmed n trespase

on account of any clcf'cct or 1vi111t of form in tlrc s u u ~ t ~ n s, ca victim, wnrmut of diatrcss, or o t l w proceeding rcloting therct

nor shdl t h

1131.L~

dibll*:lit l i l l$

be ~ C C I I ~ C ~

a tr

r~ccotiril

of tluy iri*cgnl;wity :litcr\vnrds conmiil

I

i

d

by such irrcplarity lnny re

Ibr i hc slwci;;l

d: i ~ ~ g c,

if' twy, 111 an netiou upon thc casc.

4

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S K I S. A1111 i ' t r f I i t:

~ ) i. o t ~ c t i o ~ l o f ~ ) ~ r s ~ ~ ~ s

htwi

iu:ti~tg

I I I I I I T ~ I -

~ l l i ?, Onf

i r l i~ncc,

13 I <, x8r 1 5 x ~ c r a ~, t l 1 x t d l

wtiorlv

,,,,,,.

I L I ~ I ~ C C.

jlris

Onlitzance

slixll bc catnrncncccl within six

:he fiwt was comnlittcd, and not otherwise; and notic

siwb action, and the cause thereof, shall be given t o onc calcnilrtr month at least bcfore the cornmcncemc and in ercry such action the dafcudmt may plead the general ~SSUP. -

oad give this Ordinance and the special matter iu evidence at any trial to be had thcreupou; and no plaintiff s ld l recover in any snch action, if tender of siu'ficicnt amends shall have been made before

snch action brought; or if a sufficient .sum of money shall have bee

p i d in to GourL after such action brought, by or on behalf of th

defendant, togetllor with costs incurred up to that time; and

verdict slmll pass fix the defendant, or the plaintiff become n

suited, or discontinue such action after issue join&, or if up

clcmnrrcr or otherwise, judgment shall be given ngai

the defendant shall recover his full costs as betwe

client, and have the like remedy for the same as an

:ry Inw in other cases; and although a vcrdict shal &intiff' i n such action, such plaintiff shall not h the defendant, unlcss the Judge before whom

shall certify his approbation of the action, and

tained thereupon.

G o ~ r n o r

m y

order

XXX. A m BE IT ENACTED,

that it shall a

w s t a of sulk3

to l,c,

pnid b

,

.

.

yrcaur,.,..

the Governor to pay or cause to bc paid out of t

of the I'rovince,

the costs or cl~arges of any suit or

shall or may ba broilght as aforcsaid by or against sny Colnmi

sioncr, J us ticc of tllc Pcacc, constable, or other person, act

umlcr the authority and in the exec~~tion

of this Ordinance.

XSXI.

r t K D B E IT EXACTED,

that tt~roughout

this Ordinance

icvs xhcre the subject matter or co~ltext

is repugnant to auch

strnction, t i l e words " %reat cattle" shall be construed to

tm~.ir.d

ra t t ic, Imrsss,

camels,

rnnlcs, a~ ld

asses, male and fenla

wit11 tllcljr ofi'spring abow six months of age ; and the words

sm

cnt:k"

shall irc coostrucd to m a n sheep, goats, and swine, male a

fcmalc, with waxled oflipring, ancl the word

cattle" shall be co

fitsued to rnrm the w!~olc of' the aforesaid animals; and the words

b'astc

I .~ i zds~uf

th::

Crow" shall bc construed to wean the same

as in the Act of Padinnlent, passed in the session of the fifth and s ix th yenrs QT lIer prcsellt Majesty, " for regulating the sale of Wsste Land belouging to the Crown in the Australian Colonies ;" and

the words " Crown L~ods" shall be construed to mean any landa

whatsoever vested in Her Majesty. Her Heirs or Successors. PRO-

v m E D A L W A Y S, that nothing her&

contained shall be construed to

permit or srifer tire feeding of swine, on any Waste Lands of

Crown, over n-hich commns of pasturage may be enjoyed.

PBGDK. PI. ROBE,

Lieutenant Govem

.

,

V?.

L. O ' l l a ~ r ~ o n ~ ~,

,

f.

Clerk of Council.

m

5 " -

1 %

3.

,

?

l ' <

GGHEDULE A.

SCHEDULE D.

Head of gent call10

......................

at

mndl ditto

.........................

mt

whicli said sum of

1

,

, I.

S.

Declares that he served the above notice .

'. I

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