Crown Lands Act 1846 (SA)
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'I'u |
[28tIr h g t d, la 16.1
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by the Governor of South Australia, |
\i.iiir tlic advice and cousent of the Legislative Couilcil thereof, | ' |
t h a t from ailcl | |
tlte twenty-fourth clay of November; one thousand eight hundred aud forty-two, intituled | |
of the Crown in Sonth Australia. from encroachment, intrusion, |
and trespass," shall be
and the same is herebyrepealed ;except 6 Vie.. No. 8-Hp*
ia so far as regards all things heretofore lawfully done in pursuance |
thereof; and except in go fitr as any former laws | .. |
pealed. |
that it shall | ' |
Najesty, or for the Governor, subject to
the approbationof Her f i ~ w n ~ ~ ~ b
Ihjesty, from time to time to appoint, during her | . |
. |
..
0
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pleasure,
with reasonablea i d propersalaries, fitand 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 Governor. |
that it shaIl be lawful for | |||
I to
111akc: :ind issw, from time to time, such orders anclrcgulntic ' as
in:,? bc nrccsaarpand prolmiijr t.110 rntldugenlent of tlro wii
;1;11itla of' ~ h c | C:~nvn, and for tllc |
t l~c i r | olliw, |
clw~~~blicat. ion | by authority in the | be |
niznncc of', b y all .Tusticcs of
tlm Pcacc, and bc binding onthc s u ~ i'Con~missioners, slid oil all others whom it
may concern; and t110 same from time
to time in like manner torevoke and alter.
that it shall be | ||
Cominissioner to adjust all disputes and differences between indi- viduals respecting encroachments and trespasses on | |
Tans as occasion shall require; and | |
to ctlforcc tile csecrttion tlicrcof. And if any damnge shall be | |
claimed in rcqxct of ally such cllcronchmcnt | |
payment to the party aggrieved of such damages as | |
to his satisfaction, not exceeding the sum of | |
V. |
possession
of fully iutrude upon, occupy, ortake possession of anyCrown lands,
un1il.w- |
inlly occuyi~d, anri and shall refuse or neglectt o deliver up and quitthe possession of
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 sameon behalf of the Crovin, iuRailier with any houses or otherimprovements thatm a have Lcen m d c: thereon, and the
same to deal with as he shadeem most espcdjent for the purpose
of expehg suc
therefmc, and also to | ||
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VI. | 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 autlmriGuy pcrson to make any cntry, which shall be requisite
or expe-q dieutto bc given or made, by or011 behalf of Her Majesty, Her IIeirs or Successors, with a view either to compel ally tenatrt,Icssoe, or occupicr of any part
of theCrow11 landsto quit or deli
' | |
covenant, contract, or eogagamcnt | |
ally other c\aim or demand, and depute any person | |
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 | |
aforesaid, and every cntry which shall be nmde hv any person |
H |
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~cS I I C ~ aild. the lific force and eff'cctas i f thesame wcix rcspcctivcly given or tmde by
I1cr Majesty, Her Heirsul. $~~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.
that it shall be lamfnl for every such |
Commit:sioner, and hc |
of | his appoirlt~uent alone, and without any further order, warrant, |
or nutl:aritv | whntsoevcr,by himselfor any person whom he shall for |
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 any6roxw 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.
that if any cattle shall |
lawhlll
y trespassing upon any Crown lands, whether feneneiosed, it shall be Iawfid for my Commissioner, or for any
p
xu?iicsriscd by any Cor~tnlissioncrin that bellalf, either gencmin the mtieulsr'casc, to impound the cnttlc so
tre public bound,
to be dcnltwith accordingto law :no Colnmissioncr nor
any pcrson actingunder the
4 | ' |
, $;
I | . ' <" |
* | !, | ' $f'; |
Co~omissiouer, | sl~all | be auth6riskt.I or required | - |
trespassing upon lands forming part of | ,; |
cnttlc shall be found trespassing |
by the Comn~issioiler | with respect to such land. |
occupnlion | iands of tllc Crown in South Australia, either | + |
erecting any h u t or building thcreon, or by clearing, | ! |
cn!tivating i n y part thereof; and wl.osocver shall fell, |
I~aviag | it valid lease or license, far such purposes |
on conviction,
forfeit and pay the foollowing ,penalties, thatis to
say, for the first offencc, m y s~ |
tlr'c s~rond | oifcnce, any sum not cscccding twenty pbunds; | i |
t i le third | IWII ;~ny | s u b s c q ~ ~ n t. | oiikncc, m y sum not |
fifty .puuuds:
YIKVIDED ALWAYS, that no inior~nation1911'111 be. laid ar broxght for nny secand or :ubscquent ofFencc, until
the expira- tion of fourteen char days from the date of the previousconviction.
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, forstock-yards,
-or otlzcr conveniences for the imjo
land; and | that |
that the sn~ne | &ail be |
specifkd. |
XI. | it is espcdient to esteli |
r |
, | 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, anregulate the due apportioniq of such advantage a m o ~ g. t h
occnpiers, | 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 befbr 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 thcwaste landsof t in ariy I lmdrcd: and hming regard to thc yhich
acres within the EIundred, to dcclarc by noticesuch 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 greatcattle; a such notice shall rcguhte for t!le ensuing year, commencing on tfirst day of January then next, the proportion of cattle to be
dcpm"tu;ed by the occupiers
of snch purctlasedland, six head salnil cattic beingdeained eqwJ to one head of groatcattle ;a xire occripiers of such pnrchased land and no other persons shall
entitkd to depasture cnttlc on sac11waste lands within the Hundrin the proportions a foorcsnid: P ~ o v l n e u that nothing herein
co tained, slmll pprevent the sale of
any partcf suchwaste lands, n
afiffect the onjoyclentor tile pnrclwser nor occupier thereofwhe chnscd, cxccpt that neither thc purchaser nor occupiershall, pect thereof, enjoy common of pasture within thehundred duringihe vear wherein tlre purchase
slid1 be made.
that wfioso~ver | shall | depasture |
on tlrc coinmm waste kind within any hundred, not
bciag an ac-
. | |
orr such wastc lands |
procwding:: | as in the casc of m y u r h v f u l ircspass on |
P:)lrasruw that no | cntitlad to common of pasture |
a n y i~%ndrcd shall bc liable to
any penaltyfor dcpisturingcattle rm thc waste lands within tlio same, unless he
shall dapasture tliercctn3 gcc'aternumher ofcattlc than his dueproportion, ,as $ dccfarcii by thc Cornmissionez' as aforesaid.
' P; zovrn~~ | nr,wAli.s, | n x u | that |
:+hi:!i lx entitled
to such coinnml of pasturageuntil heshall h dcpositod with thc Commissioner ofCrown Landsa declaratiothe number of purchased
acres lawfully occupiedby himin eve
ci.+ct | htindrcd which he claims such advantage, |
culxrs contained in which declaration the Commissioner | |
time to time, | |
;hatracts |
that every pcrson depasturing |
on any waste lands of the Crown,
shall make or cause to bc made to,
and deposited with the Co~nmissioner of Crown landsnlontli 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 paidby dcpasturing,t o the Colonial Treasurer (or to such0th may be appointed by tllc Governor), on or before
the ?eccmber in every year, for thc
year commencingQP th
uf J :~nuory, t l~en next ensuing, | the first |
11:ade on the
first day o f Ilecember, one thdusandei
2 |
~ m m i ~ a ~ ~ ~ c r s | |||
first day of October of | ewry jm |
tnma yenrly.
October |
pnsturcd as aforesaid, and
shall Colonial Treasures, or
to suchthe Governor, in the ibrm, an
set forth in the Sctledule to ththe letter
C, accordhg to\v11 mentioned shall be payable,
surer, or to suck other office
tppointed fcr the payment thereof.
XVII, | ||
the |
rnent | such |
to be served upon the pe |
... as3cijerucnt, ~rt | to |
the
Province), orwith the
. | .. | |
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XVIII. BKD | that in case the sum me&tioned |
f
the said not.ice
SO served on, any person rcqrliredto pay the game,
shall nppear to such person more than he i s legally such person may | ||
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appeal, and of the p u n d s thereof, witliiu ten days | ||
": | ||
? | 8s aforesaid of the said notice, and shall also enter into a | |
? | zancc' in double the amount of such assessment before any Justice' | |
conditioned personally to appear | ||
such r rppdJ and to nbikle the judgment of tlic said | ||
pay st~i:il md such | ||
,, | ||
the Caurt shd l think tlrc appdlsnt entitled to rclief, | ||
1 | $ha51 order the auscssmcntto be amendecl, and the proper officer | |
tile Court shall amcud the assessment accordingly; and in | ||
, | the dismissal | |
'! | atoyesaid), and also such costs and eqenses |
thc mid Commissioner by.the said Court, within such time .as | |
:: | Court may deem meet; and if such costs and |
. ., | jl |
distress ,to levy the a m u n t of such | |
L | , |
/ ' | |
tress and sale | |
i | ~, |
of the person |
j | );U. A m ne yr | that in case any person |
to pay the said asssesment, and upon wh intcndcrrt or agent such notice shrill
have
. said, or iu case any person so adjudged
the said assessment, upon ~ p p e a l
as aforesncglect topay thc amount duc upon the da notice, or within the time adjudged onsuch
with costa, i f any, as the case may be, itsh far the Commissioner to ivsuc a
warrant udirected
to some coiistabIe, to levy the am
at therate af ten pounds for every hundredthe time when the same
was so appointedor a costs;,
if any,as thecase inaybc, by distress a
chat&& |
manner
as incase ofrent in arrear between lan
that if |
~nissionci. of | C~~owtl | lauds, or srich ottrcr officer |
from tinic to time may in that beliaif appoint
tn
. | such Ju+;tic::s, or by any Ccmznissioner of Crown lands, in case where jurisdiction is specially gjvetr |
r;h:dl be entitled to n,ppcal therelrom, 1.1ndcr ancl according
laws i n firrcc within t;hc l'rovincc for the time being,
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X X P. | that a11 fines, forfeitures, |
and o t l m stuns of money, levied, or inlposctl by virtue of this
uancc, shall bc paid to the C;oZonial Treasiirer, on behalf of
Majesty, IIer IIeirs all1 Successors, for the public uses of the
v i i m, and the support of the Government
rm | 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,
u;w, or c. :! icy~m~t
iil q~icsiion was authorised bythe provisions ofthis Ol4Ennlrce,
or of any order or regulation madein ~ U r S U
t.her;?oi; shnI1 lie on the cicl~ndailt | ; | 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 defendantprove t
cor;t17ary; ancl | all maps, plans, iicensc:~, certificates, |
pies certified au true ncder "the hand
of the SurveyorGeneral of the Frovince, or of the propm oficer of his
department, or ofany Com- miasiorter of Crown Zarids, siirall in all matters relating to
the saidrespective oflices be suKicieuC evidence
of their contents,without. pmlzlctian of oiiginal
records, and wit.houtthe personal attendance .of s;iciz ofEct:rs, ur proof of
their signaturee.
that |
Peace, | constnblcs | and o i lm O W C C ~ S | af jns |
lint0 r~quired hy writing under
the handof any suchCommis- aione~~., sioner, aid
and assist such Commissioner inthe execution of his-
duty under this c')n:dinalux: | ., |
or cotnnm~ced | against |
r j ~ i s i t i o n, | h r | nuy suit |
ti~loh | Cornrnissio~r~r | k r any |
him, or by his autliorily.
XXVIII. AND
h.
I" |
i | ||||
pr~oe.cding made by any Commissioner or | + | ||
touching or concemii~g any | |||
nancc, shall be quashed or |
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removed or removable ever, into |
con~mi tmrnt |
pnwidcd that
i t be thereinalleged that thep victed, nud
that thcrc bc a good orvalid convisame ; anclwllerc any distrcss shallbc madefor by virtueof this Qrdinancc;the distrcss itselfS
t~nlawfill, | nor the party |
on account of any
clcf'cct or1vi111t of form intlrc s u u ~ t ~ n s, ca victim, wnrmut of diatrcss,or o t l wproceeding rcloting therct
nor shdl | dibll*:lit l i l l$ | be |
r~ccotiril | of tluy iri*cgnl;wity :litcr\vnrds |
I | i | d | by such irrcplarity lnny |
Ibr i hc slwci;;l | d: i ~ ~ g c, | if' |
4 | p | S K I S. | ~ ) i. o t ~ c t i o ~ l o f ~ ) ~ r s ~ ~ ~ s |
~ l l i ?, Onf | i r l i~ncc, | wtiorlv |
,,,,,,.
jlris | Onlitzance |
:he fiwt was comnlittcd, and not otherwise;
and noticsiwb action, and the cause thereof, shall be
given t o onc calcnilrtr monthat least bcforethe cornmcncemc andin 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; andno plaintiff s ld l recover inany snch action, if tender of siu'ficicnt amends shallhave been madebefore snch
action brought; or if a sufficient .sum of money shallhave bee p i d in to GourL
after such action brought,by oron behalf of thdefendant, togetllor with costs incurred
up to that time; and
verdict slmll pass | suited, or discontinue such action |
clcmnrrcr or otherwise, judgment shall | |
the defendant shall | |
client, | |
:ry | |
tained thereupon. |
that it shall |
the | |||||
|
shall or may ba broilght as aforcsaid by
or against sny Colnmisioncr, J us ticc of
tllc Pcacc, constable, or otherperson, act
umlcr the authority and in the exec~~tion |
that tt~roughout | this Ordinance |
icvs xhcre the subject matter or | is repugnant |
strnction,
t i l e words "%reat cattle" shall be construed to
tm~.ir.d | ra t t ic, Imrsss, | camels, |
cnt:k" | shall irc coostrucd to m a n |
fcmalc, |
fitsued to rnrm the w!~olcof' the aforesaid animals; and thewords
b'astc | I .~ i zds~uf | th:: | Crow" |
as in the Act of Padinnlent, passed in the session
of the fifthand s ix th yenrsQT lIer prcsellt Majesty, " for regulating the saleof Wsste Land belouging to the Crown in the Australian Colonies ;"and the words " Crown L~ods" shall be construed
to mean any landawhatsoever vested in Her Majesty. Her Heirs or Successors.
PRO-
contained shall |
permit
or srifer tire feeding of swine, on any Waste Landsof Crown, over n-hich commns of pasturage may be
enjoyed. PBGDK.
PI. ROBE, Lieutenant
Govem
. | , |
, | f. |
5 " - |
3.
, | ? |
l ' < |
GGHEDULE A.
SCHEDULE D.
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whicli said sum of
1
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0
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