Crown Lands Act 1848 (SA)

No. 10.

ORDINANCE enacted by the Governor of South Australia, with the adeice

and consent of the Legislative Council thereof.

To Reguklt~' the Occzpation of Crows Lands in South Australia.

[17th h'gwember, 1848.) 7

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f h t u te, and it is expedient, with a view to assimilate the same respectively

IIEREAS an Ordinance was enacted by THE GOVERNOR of

South Australia, with the advice and consent of THE LEGIS- Preamble.

Y E COUNCIL thereof, bearing date the Twenty-eighth day of

U ~ u s t, One Thousand Eight Hundred and Forty-six, " To Regulate

e (heupation of Crown Lands in South Australia:" AND WHEREAS LW, xo. 11.

Act of Parliament was passed in the Session of the ninth and 9 b- 10 vic., c. 104.

7th wars of the reign of Her Most Gracious Majesty Queen Victoria,

h i e d "An Act t o Amend an Act for Repla t ing the Sale of Waste

and belonging to the Crown in the Australian Colonies, and to make

u ' t h ~ Provision for the Management thereof :" AND WHEREAS the

fOre-recited Ordinance is in some respects inconsistent with the

ir

respectively, that the provisions of the said Ordinance sl~o,ll(l	I
amended:

BE 1T THEREFORE ENACTED, by THE; GOVERNOR of SOU'TIT s i l l s ~ ~ ~, ,, '

with the advice and cmsent of THE LEGISLATIVE COUN(:IL thereof

TIIAT from and after the passing hereof, the before recited Ordillan

NO. 11 of 1846. and passed on the twenty-eighth day of August, One Thousand 1<ig	I
No 16 of 1847 re-

pealed, Hundred and Forty-six " To Regulate the Occupation of' Cro7 l Lands in South Australia ;" as also an Ordinance passed on t! '

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twenty-third day of September, One Thousand Eight Hundrctf

Fortyseven c' To Facilitate the Recovery of Assessmc~~ts ullder t '

Crown Lands Ordinance, No, 11 of 1846," shall be, and thc jau,

are hereby repealed; , e x c y t i n so far as regards all t l h g s

tofore lawfully-d_one Tii--pursuance thereof; and except in so

;l a n y IurnGiiurs &?-thereby repealed.

Corrrmissionem of 11. AND BE IT ENACTED, that i t shall be lawful for HER ~ I A J E S

/- ( Lands-, or for THE GOVERNOR, subject to the approbation of HER MAJES

from time to timc to appoint during HER MAJESTY'S pleasure, M

"	/	reasonable and proper salaries, fit and proper persons, being Justi of the Peace, to bc Commissioners of Crown Lands, to execute t
i	Ordinance throughout the Province, or such districts thereof as may assigned to them respectively by *THE GOVERNOR.

111. AND BE IT ENACTED, that it shall be lawful for every su

I A ~ o w e l a of commis-

I/ ' j boundaries. in questions-of Commissioner to limit and define the boundaries of all runs o&uyi

under any Lease or License froin the Crown, and to adiust a11 (1 yutes a id differences respecting such boundaries, and to cnqu into, hear, and if necessary view and take evidence on oath touchi any such dispute or digerence, and determine the same in a sumuit way; and the certificate of such Commissioner, under his harid, such determination shall be final and conclusive so far as respects su boundaries, and shall be evidence in a11 judicial proceedings whi such boundaries shall be in question.

Fee drnrgeable by IV. AND BE IT ENACTED, that it s h d and may be lawful for CV

Commissioner. such Commissioner to charge and receive, for and upon the decib of any disputed question under this Ordinance respecting the liml of any run, a Fee of Five Pounds, to be paid by the party from who he shall demand the same.

Commi@ioners em- V. AND BE IT ENACTED, that it shall be lawful for every such

powered to give no-

tices, mnkeciaimq	missioner, and he is hereby authorised and empowered to give a
authoriw entries,	notice, make any claim or demand, and depute or authorise a person to make any entry, which shallbe requisite or expedient to given or made, by or on behalf of HER MAJESTY, Her Heirs or S

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S, with a view either to compel any tenant, lessee, or occupier

part of the Crown Lands to quit or deliver up the pos-

s$on tlicreof, or to compel the performance of any covenant, con-j

l e t or engagement in relation thereto, or to recover possession r m ( l	n-performance of any covenant, contract, or agreement, or to coin-,
1 the payment of any sum of money which ought to be paid in spect thereof, and to give any other notice, make any other claim demand, and depute any person to make any other entry which
all or inay be rcquisite or expedient to be given or made, by or for

or on behalf of HER MAJESTY, Her Heirs or Successors, touching uy of the Crown Lands; and every such notice, claim or demand,

~vhich shall be given or made in writing under the hand of any such

('onln~issioner, for any of the purposcs aforesaid, and everj entry

~ihich shall be made by any person so deputed or authorised to make

the same, on behalf of HER MAJESTY, Her Heirs or Successors, into

upon any of the said Crown Lands, shall be good, valid, and

ctual, to all intents and purposes whatsoever, and shall have such

a d the like force and effect as if the same were respectively given

ade by HER MAJESTY, Her Heirs or Successors; and all such

notices, claims, demands, or entries, shall respectively be deemed,

construed, and taken to have been given and made by or on behalf of HER MAJESTY, Her Heirs or Successors, any law, custom, or usage

to the contrary in anywise notwithstanding.

W. AND BE IT ENACTED, that i t shall be lawful for every such Com- co,l~,,lis,ion,r, pnl-

missioner, and he is hereby authorised and empowered by virtue of

his;~p~ointment done, and without any further order, warrant, or

hu t l~or i t~ whatsoever, by himself or any person whom he slltlll f ~ r

that purpose depute, to make distress for any Rent which shall be clue, in arrear, or unpaid, from any Lessee, Occupier, or Tenant of

any Crown T,ands, or from any person liable to the payment of any

Rent, and the goods, chattels, and effects so distrained, to impound, d l, and dispose of as in ordinary cases of rent in arrear.

V I I. AXD BE IT ENACTED, that if any cattle sliall be found unlaw- POW,, to iinpowul

fully trespassing upon ally Crown Lands, whether fenced or un-	trespa"inc
oaclosed, i t shall be lawful for any Commissioner, or for any person
authorised by any Commissioner in that behalf, eit'her generally or in the particular case, to impound the cattle so tre~pa~ssing, to be
ha l t with according to Law.

VIII. AND U r it may be necessary that effectual provision Justices may disposres ~ ~ ~ ~ ~ ~

, persons unlawfully oc-

b h ~ l d bc made for protecting the Crown Lands from being ,in r waste I,an(is.

Qccuyied without authority, and also for dispossessing any

Pqrson in the occupation of such Lands, in case of the for- felture of any Demise or License, or in ease of the breach or

non-performance

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non-performance of the conditions thereof, or in case of the holdin over by any person after the expiration of any such Demise d License, or after the end of the term for which the same may hay been granted or made; BE IT ENACTED, that on information ;, writing for that purpose preferred by any Commissioner, or by an

person authorised by THE GOVERNOR in that behalf, to any Justic of the Peace, setting forth that any person is in the unlawf, occupation of any Crown Lands, or is in the occupation of any sue Lands in virtue or under color of any Demise or License as aforcsaic although such Demise or License had been forfeited, or although th conditions thereof had been broken or unfulfilled, or although suc Demise or License had expired, or although the term for which th same had been granted or made had come to an end, it shall be th duty of such Justice to issue his Summons for the appearance befol any Two Justices of the Peace, at a place and a time therein to t specified, of the person against whom any such complaint shall t so made; and a t the time and place so to be specified, such TR Justices (on the appearance of the person char&d, or on due pro, of the service on him, or a t his usual place of abode, of nnv suc Summons), shall proceed to hear and enquire of the truth bf tl matter and things which may be alleged in any such information, a~ on being satisfied of the truth thereof, either by the admission of tl person charged, or on any other good and sufficient evidence, tl said Justices shall issue under their hand a Warrant addressed to tl Sheriff or Deputy-Sheriff, or Commissioner, or other Officer of tl District acting for or on behalf of HER MAJESTY, commanding ar requiring him forthwith to dispossess and remove any such persc from any such Crown Lands as aforesaid, and to take possession the same for and on behalf of HER MAJESTY; and it shall be tlr duty of any such Sheriff, Deputy-Sheriff, Commissioner, or oth such Officer as aforesaid, to cnqy such Warrant forthwith into ex cution, according to the tenor and exigency thereof,

Penalties for the un- IX. AND BE IT EXACTED. that from and after the Commenceme

authorised	occupation
atd use	of Crown of this Ordinance, any person, unless

Lands. Demise from HER MAJESTY, or from som

and on behalf of HER MAJESTY, who S

C h w n Lands in South Australia, eithe

any Hut or Building thereon, or

Cultivating any part thereof, or wh

thereon, and who shall not previo

from THE GOVERNOR for the Occu

lawful authority in that behalf, or W

aforesaid after such License shall h

or otherwise, shall be liable, on c

following; that is to say, for the

, ~ounds, for the Second offence a sum not exceeding Twenty

nor less than Ten Pounds, and for the Third or any subse-

,,~lt offence a sun1 not exceeding Fifty Pounds nor less than Twenty

I'lovi~o.

o u ~ ~ d s : PROIJII)I~D ALW~QYS, that no information shall be laid or

ugllt for any Second or subsequent offence until the expiration of

lrteen clear days from the date of the previous conviction.

X. AND 13E IT ENA~TED, that whosoever shall cut, saw, fell, or Penalties for i r ~ j w i l ~ g

ark in any part, any tree or sapling growin8 on Crown Lands, or or CI-own removing Lands, tirnber w t h n o t O I L

cut, saw, remove, or sell any timber lying or being on Crown License.

,an&, without a valid License in that behalf, or other lawful autho-

, i t ~, shall on conviction be liable to the Penalties following: that is

, n;aY, for the First offence a sum of' Pivc Pounds, for the Second

ifencc a SUM not exceeding Ten Pounds nor less tl im Five

, 'otrnds, and for the Third or m y subsequent offence a sum not

weding Twenty Pounds nor less tliarr Ten Pounds.

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1. YROVIDED ALWrZYS, A N D BE ENACTKT), that U ~ ~ S S public p I'UI i b o 5 5 to timber

for rlonicptic uses.

ctice he given by THE GOVERSOR, that thc Timber on any particu-

r portion of the Crown Lands sllall he reserved for the public use, - ltlling herein contained shdl be construed to prevent any Licemecl ccupier of Crown Lands, or his Overseer or Manager, from cutting

~ c h Timber on the Land so occupied by him as is ordinarily used and

may be necessary for domestic purposes, for firebote, fencing, stock-

ads, or other conveniencies fur the er~joyment of the said Land; ,

\U I'KOVIDEU that no part of such timber shall be sold, and that the Pwiso.	1
me shall be bona fide cut for some purpose hereinbefore specificd.	,

XII. AND BE IT ENACTED, that if any person shall unlnwfully Unlawful remo\aI q)f metals, stone, & c '. ,

move and take away, or sever, excavate, quarry, or dig for, with from C ~ O W I I 1,ands.

and take away, any metal, or ore containing metal, ,

avel, or other material, from any mine, bed,

ereof respectively, being in or under any land

, her Heirs and Successors, without the leave or

m e of HER MAJESTY, her Heirs or Successors, or of THE GO-

Rhos of the Province, or of some person duly authorised by HER

JESTY, her Heirs or Successors, or by Tne GOVERNOR, to grant

se on her and their behalf, every person so offending

L on conviction for any such offence, forfeit and pay a penalty

ounds, including Costs: PROVIDED ALWAYS, that Proviso.

ntained shall apply to any Licensed Occupier of

materials for any building or erection on the land

, or for any necessary purpose connected with

injure, destroy, or remove any survey-picket or other land-mal

placed, erected, or being on Crown Lands, without the leave

license in that behalf of the Surveyor-General, or of some per&

duly authorised to grant such leave or license on behalf of HI

MAJESTY, shall, on conviction, for every such offence, forfeit and p

a penalty of Ten Pounds.

o ~ ~ t r u c t i o n or mpd. XIV. AND BE IT ENACTED, that whosoever shall, by casting

the Crown. reUmed by placing timber, stones, rubbish, or materials, or by any other meg

wilfully stop or obstruct any public or reserved road or way, vested HER MAJESTY, SO as to prevent, hinder, or interript the free passa of any carriage, or of HER MAJESTY'S subjects, on any such ro or way, shall, on conviction, for every such offence, forfeit and pal penalty of not less than Two Pounds nor more than Ten Pounds, or and above the expense of removal. And it shall be lawful for a Commissioner of Crown Lands, or any person whom he may in tl behalf appoint, by writing under his hand, without any warm forthwith summarily to remolTe and prevent every s u ~ h obstrwti( a t the cost of the party causing the same, to be recovered in li manner as such penalty last aforesaid.

Common of Pasturage XV. A m WHEREAS it is expedient that persons in law

on WasteLandsofthe occupation of Ptlrchased Lands in such parts of the Province Crown.

shalf have been divided into Hundreds, should enjoy common y

l turage over the Waste 1,nntls of the Crown, not held under L i e e ~	i or otherwise appropriated; BE IT ENACTED, that it shall be lawful
:: the Occupiers who shall be admitted Conlmoners within a

Hundred to depasture Cattle on the unappropriated Waste La] of the Crown in such Hundred, in common, in proportion t o 1 quantity of Purchased I.and lawfully occupied by them respectivf subject to the Regulations and Provisions after-mentioned.

m e XVI. AND BE IT ENACTED, that it shall be lawful for THE G01

Regulations.	NOR, by Proclamation published in the South Aa<tmZian Gocernf)l	3
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Gazette, to make and establish such Orders and Regulations as to1

shall seem meet, for the purpose of annually determining the nufi and description of Cattle to be depastured on the Commons o f; Hundred, and apportioning the Common of Pasturage among the! Occupiers, and protecting them in the enjoyment of the same, ~ n d

such Orders and Regulations in like manner to vary, amend, or rev(

which Orders and-~egulations not being repugnant to the

Statutes and this Ordinance, shall have the force and effect of La?

Principle of the ap- XVU. AND BE IT ENACTED, that in so apportiolling the COmm"'

partionment. regard shall be had to the quantity of Cattle capable of being. pastured on the unappropriated Waste Lands of each H u n d r d

' the number of purchased acres within such Hundred, and

e poportionate number of Cattle shall be determined which

cry admitted Commoner shall be allowed to depasture, in re-

ect of any given number of purchased acres occupied within

e same Hundred. And every Commoner having proved his claim

such manner as shall be appointed by the said Orders and Regu-

ons, shall be entitled annually, on or before a day to be fixed by

Regulations aforesaid, to receive from the Commissioner, or such ~ertiticates to L

Officer as THE GOVERNOR, from time to time, may, in that issued.

F, appoint, on payment of a fee of Sixpence for every Head of reat Cattle, and of One Pcnny for every Head of Small Cattle iowed to be depastured by such Commoner, a Certificate under

is hand, specifying the number of acres of Purchased Land occupied

v him, and tllc number and description of Cattle which he shall be 1	ertificate shall be in forcc for the year therein set forth, and s l d l be i ]owed to depasture on the Commons in respect thereof; which
nstrued, for the purposes only of such Common Pasturage, to have ( le effect of a License from TIIE GOVERNOR for the occupation of (
uclr Waste Lands, within the meaning of the Statute in that behalf. J
XVIIT. AND BE IT ENACTED, that annually, on or before a day to be Commoners a
ied by the Regulations aforesaid, every occupier of Purchased Land declaration of their
laiming to be admitted a Commoner within any Hundred, shall acreage.
eposit with the Commissioner of Crowri Lands, or such Officer as lay in that behalf be appointed by THE GOVERNOR, a declaration of e number of purchased acres lawfully occupied by him in such
undred, in form or to the effect of the Schedule hereto annexed, arked A, of the particulars contained in which declaration the
ommissioner, or other Officer aforesaid, shall from time to time,
such periods as shall be found convenient, cause Abstracts to be
ublished in the South Australian Govemnaent Gazette, or in such er manner as may by any such Regulation be prescribed, for neral information: AND WIIOSOEVER shall knowingly make any
se statements in any such declaration shall, on conviction, for
cry swh offence forfeit and pay a Penalty of not less than Ten
mnds, nor more than Fifty Pounds.
XIX. PROVIDED ALWAYS, AXD BE 1~ ENACTED, that nothing herein ~,, t to prevent or in- tained shall prevent the Sale of any part of such Waste Lands, terfere with theaaleof
r affect the enjoyment of the Purchaser or Occupier thereof when the Waste Lands.
'chased, except that neither the Purchaser nor Occupier shall in
Speet thereof enjoy Common of Pasture within the Hundred until
h next appportionment of the Commons.
XX. AND BE IT ENACTED, that whosoever shall Deps tu re Cattle Penalty on depastur-

Waste Lands of the Crown so being Co'mmons within any ing on the Commons

"he contrary hereto.

Hundred,

Hundred, without having obtained such Certificate : is aforesaid,

than shall appear'by such Certificate to be his due proportion,

shall Depasture on ' such Waste Lands a greater nutnbcr of cRi

be liable to forfeit and pay on conviction, for every such offpfracct

penalty not exceeding Ten Pounds.

Licensed persona to	XXI. AND BE IT EXACTED,	that every person holding;
return Cattle yearly

undor a penalty.	License for the Occupation of Runs, and Depasturing Cattle any Waste Lands of the Crown in virtue of' such License, shall
the present year of Our Lord One Thousand Eight Hundred;
Forty-eight, during the month of December next ensuing,; henceforth annually during the month of September in evcry yl .make or cause to be made to and deposited with the Conlrnissio of Crown Lands, a Return according to the form contained in Schedule hereunto annexed, marked B, of all Cattle in his pas! sion and so Depastured by him on the first day of September each such respective year: and if any such person shall
or neglect to make or cause to be made such Returxrs a t the time appointed for each and every year, or shall omit to deposit the sa with the said Commissioner in manner hereby required, he shall, conviction, forfeit and pay for every such offence a sum not
than Forty Shillings nor exceeding Twenty Pounds: and whosac shall knowingly make any false statements in any such Return sh
on conviction, forfeit and pay for every such offeilee a l'cnnltl
not less than Fifty Pounds nor more than One Hundred Pound:

i. Yonrlv ummnent to XXII. AND BE IT ENACTED, that there shall be uaid and leviec

( depantured le;ied on Waste Cattle each and every year, upon, for, and in respect of ali Cattle so Del

< under licenses. License as last aforesaid), the Assessment following, that is to say 4 Lands of the Crown tured or kept upon any waste Lands of the Crowu (in virtue of

L	For every head of Great Cattle--Sixpence
For every head of Small Cattle-One Penny

which yearly Assessments, respectively, shall be paid by the p Depastnring to the Colonial Treasurer (or to such other Office

may be appointed by THE GOVERNOR) within one calendar mc

after notice of demand shall be made for the same, as after provir

Commissioners to	XXIII. AND BE IT ENACTED,	that the Commissioner shall,
Bess snd make

yearly. nually, so soon as may be conveniently practicable after the 4 appointed for the Returns being ~nade and deposited as afore$ proceed to make an assessment of the Cattle Deuastured ss

aforesaid; and shall make a early report thereof'to the Col Treasurer, or to such other 6 fficer as may be appointed by GOVERNOR, in the form, and containing the several particulars,

forth in the Schedule to this Ordinance annexed, lnnrked

letter C, accordibg to which report the yearly assessmen

m

,ntioned shall be payable, and be paid to the Colonial Treasurer,

F to such other Officer as aforesaid. xXIV. AND BE IT ENACTED, that the Com~nissioner shall yearly, Commissioner ah&

,use B notice in writing in the form contained in the Schedule serve upon the a written parties notice liable

ireunto annexed marked D, to be served upon the person subject to surh aesemment re- quiring them tu pay

Id liable to pay the said Assessment, or to be left a t the residence of theail,ne.

person, (if within the Province,) or with the Superintendent or

:rson having the charge of the said Cattle, requiring payment of Assessment as aforesaid.

XXV. AND BE IT ENACTED, that in case the sum mentioned in the Parties objecting may

d notice so served on any person required to pay the same, shall appeal to nearest Court of General Quarter

ear to such person more than he is legally bound to pay, such Scssions,giring notice	on may appeal against such Assessment to the next Court of to Commissioner.
ral Quarter Sessions of the Peace: PROVIDED that such person Proviso.
give to the Commissioner a notice in writing of such appeal,
of the grounds thereof, within Ten days after the service as
esaid of the said notice, and shall also enter into a recogniza~we
double the amount of such Assessnient before any Justice, con-
' ned personally to appear a t the said Sessions and to try such
al, and to abide the judgment of the said Court, and to pay such

and expenses as shall bc by the said Court awarded; and such

t shall hear and determine the matter of the appeal, and shall

e such order therein as shall secm meet. And in case the Court

I1 think the appellant entitled to relief, such Court shall order

assessment to be amended, and the proper Officer of the Court fi amend the Assessment accordingly; and in case of the dis-

sal of the appeal, or the affirmance of the said Assessment, shall er and adjudge the person so appealing to pay the amount to the

ollial Treasurer (or other Officer appointed as aforesaid),

also such costs and expenses as may be awarded to the said

nissioner by the said Court, within such time as the Court Inay meet. And if such costs and expenses be not paid within such

the said Court shall and may issue a Warrant of distress to

the amount of such costs and expenses by a distress and sale of

fficient part of the cattle, goods, and chattels of the person so

XVI. AXD BE 1.1. ENACTED, that in case any person so liable to pay taeepartiea neglect

said Assessment, and upon whom, or upon whose Superintendent ~ ~ ~ ~ ~ ~ , ~ 0

y~p~i

gent, such notice shall have been so served as aforesaid, or in warrant to levy tllo	any person so adjudged to be liable in payment of the said same by distress.
SSment upon appeal as aforesaid,'shall refuse or neglect t o pay

due, upon the day or within the time appointed by such

Ice, or adjudged on such appeal as aforesaid, with costs (if any),

as

m.thecase may be, it shall and may be lawful for the Comrnissiol to issue a Warrant tinder his hand and seal, directed to some C, stable, to levy the amount so due, together with an additional

equal to one-fifth part of the Assessment for which he is so liable,

way of penalty, with costs, if any, as the case may be, by distr1

and sale of a sufficient part of the cattle or other goods and chatt

of the party liable, in like manner as in case of rent in amear betwt

Landlord and Tenant: PROVIDED ALWAYS that the said amount,

~ e n a l t y and costs, may be recovered, a t the suit of any snch Comn sioner or of any other Officer duly authorised in that behalf on 1 part of the Crown, by action or other proceedings at law, as ordinary cases,

Nottasfieettherights XXVII. AND BE IT ENACTED, that no Possession or occupation

"'" Cmwa. any Crown Land taken or had by virtue of any License as aforesi or byldepasturing under the provisions of this Ordinance, or otherw

, shall be construed to give any title whatever against the Crown,

: to alter or affect in any respect the rights of HER MAJESTY, f

Heirs and Successors, in respect to any such Land.

Forgerg and uttering	XXVIII. AND BE IT ENACTED,	that whosoever shall forge, count
of Licenses a misde-

meanor feit, or alter, or shall utter or make use of, knowing the same to forged, counterfeited or altered, any Lease, License, or other do1 rnent purporting to be a Lease or License, or any authority frc HER MAJESTY or THE GOVERNOR, or any person acting on behalf HER MAJESTY, to OCCUPY any Crown Lands in South Australia, any other document authorised by this Ordinance, with intent defeat the provisions hereof, shall be guilty of a Misdemeanor,a being convicted thereof, shall be liable to be transported for a term not exceeding Seven years, or be imprisoned for m y term I exceeding Two years, a t the discretion of the Court.

R ~ o y e r ~ 0 f ~ e ~ t i ~ ~ XXIX. AND BE IT ENACTED, that SO far as not othe~wise specid

provided, all proceedings under this Ordinance may be had a

taken, and all penalties, fines, forfeitures, and sums of money inc

red or imposed under this Ordinance, may be sued for and recove] a t the suit of any party aggrieved, or of any Commissioner of Cl0 Lands, or such other Officer as THE GOVERNOR from time to ti may in that behalf appoint, in a summary way, before any TV more Justices of the Peace, other than such Commissioners, in ca where any such Commissioner shall be a party to the proceedin and all such proceedings may be had and taken, and every pen feeling aggrieved by any judgment, conviction, or order under ! Ordinance, shall be entitled to appeal therefrom under and accord

to the laws in force within the Province for the time being for re@ ting summary proceedings before Justices of the Peace: P~oVfl

. ~ L W

~ T S that any penalty, fine, forfeiture, or sum exceeding Fifty

*&, shall only bc rccovcrcd by action of debt or information a t

$uit of HER ~IAJESTY'S Attorney or Advocate-General, in the

reme Court of this Province.

xXX. PROVIDED ALWAYS, ASD BE IT ENACTED, that all offences AS to offences against

itted against, and assessments, fines, penalties, or sums of sums in	former Ordinances and
y, incurred under, or during the operation of the Ordinances
y repealed, may be proceeded for and recovered under the pro-
s of this Ordinance, in like manner as if such offences had

en committed against, and sums had been incurred under, the same

$t-mentioned provisions: And it shall be lawful for the said Com- issioners, or other proper Officers in that behalf, to withhold any

lcense or Certificate under this Ordinance from any defaulter who

all he due and in arrear any Rent, Assessment, Penalty, or Sum

rred ar due under the provisions of this Ordinance or of any

r Statute or Ordinance relating to thc Crown. Lands, until

rrears shall be wholly paid.

XXXI. AND BE IT ENACTED; that all fines, forfeitures, penalties, Appropriation Clnuse.

d other sums of money not otherwise specially appropriated,

vied, or imposed by virtue of this Ordinance shall be paid to the olonial Treasurer, on behalf of HER MAJESTY, Her Heirs and ucccssors, for the public uses of the Province and support of the

overnment thercof; PROVIDED ALWAYS that a11 rents of Crown proviso.

ands, and all sums of money received for Licenses shall b'e applied i,n

ke manner as the proceeds of the Sales of Land under the pro-

isions of an Act of the Imperial Parliament of the Fifth and ixth Year of HER MOST GRACIOUS MAJESTY'S reign, intituled,

An Act for Regulating the Sale of Waste Land belonging to the	.
rown in the Australian Colonies."

XII. AND BE IT ENACTED, that the said Commissioners, or Commissioners to rc -

r Officers in that behalf, shall, a t such times, and in such form ~; E e ~ b; l ~ h ~ ~ ~ ~ manner as THE GOVERNOR shall appoint, furnish just and true iler tllis Ordinance.

unts of all monies received by them respectively, under and by

ue of this Ordinance.

XXXIII. AND BE IT ENACTED, that in any action, suit, or pro- Onus proban&

ceeding against m y person for or in respect of any alleged unlawful 0:cupation or use of any Crown Lands, thc proof that the occupa- tlon, use, or enjoyment in question was authorised by the provisions

~f this Ordinance, or of any. Order or Regulation made in pursuance

thereof, shall lie on the defendant; and i t shall not be necessary, in

proceeding under this Ordinance, to negative by evidence any

Llcehse, Certificate, Consent, Authority, or other matter of exception

I

I or

ter shall be bound to prove the same; and the averment that a, or defence; but the party seeking to avail himself of any such shall be sufficient without proof of such fact, unless the &fen& prove the contrary; and all Licenses, Certificates, Maps, Plans Oflice Copies certified as true under the hand of the Surveyor-Gcr ral of the Province, or of the proper Offimr of his department, or any Commissioner of Crown Lands, shall, in all matters relating the said respective offices, be sufficient evidence without productil of original records, and without the personal attendance of su Officers, or proof of their signatures.

M~gistratB~ and 0%- XXXIV. AND BE IT ENACTED, tha,t all Sheriffs, Justices of t

cera to be aiding and	c,-ksio,	Peace, Constables, and other Officers of Justice, shall, being thereu~
ers .	required by writing under the hand of any such Commissioner,;
and assist such Commissioner in the execution of his duty u d e r t
Ordinance: And no suit or action shall be brought or commesc against any such Sheriff, Justice, or 0-fficer, for any act, matter, thing done by them or any of them, upon such requisition, but a suit or action shall and may be brought against such Comrnissior alone, for any act, matter, or thing so ,done by him, or by his: thority.

Governor may order	XXXV. AND BE IT ENACTED,	that it shall and may be lawful
costs of suits to be

paid from Treasury. THE GOVERNORAO pay or cause to be paid out of the public 'l'reas

of the Province, the costs or charges of any suit or action which authority and in the execution of this Ordinance.

or may be brought as aforesaid by or against any Colrmhsio

A~essments~ lloticeb, XXXVI. A& RE IT ENACTED, that no assessment, notice, warrant,

&C., uot t o be invali-

dated fnr wmtGfform.

or other proceeding purporting to be made by virtue, or in pursuance,

or in execution of this Ordinance, shall be quashed, or deemed to

void or voidable, for want of form, or be impeached or affected b)

reason of any mistake, defect, or omission therein,

person or property charged, or intended to be charged or affected

by any such proceeding, be designated therein, to common inte

and understanding, and the amount assessed is clearly set for therein, and such proceeding be in substance and effect in confor& with, or according to the intent and meaning of, this Ordinance.

Prain~s to XXXVII. AND BE IT ENACTED, that no Order, Judgment, or other

quaslwd or removed

by eertiornm'. proceeding made by any Commissioner or Justice of the Peace touching or concerning any of the matters aforesaid, or touching and concerning the conviction of any offender against this Ordinance, shall be quashed or vacated for want of form only, or be removed or

pemovedJe

able by Certiorari or any writ or process whittsoever, into any of Superior Jurisdiction; and no warrant of commitment shall

d void by reason of any defect therein, provided that it be

alleged that the party has been convicted, and that there be or valid conviction to h~xstain the same; and where any dis-

all be made for levying a ~ i p money by virtue of this Ordinance,

,,distress itself shall not be deemed unlawful, nor the party making

e be deemed a trespasser on account of any defect or want

form in the summons, conviction, warrant of distress, or other

ing relating thereto; nor shall the party distraining be

eemed a trespasser nb i d i o on account of any irregularity after-

committed by him, but the person aggrieved by such irregu-

ay recover full satisfaction fhr the special dnrnagc, if any, in

n action upon the case.

XVIII. A m for the protection of persons acting in execution ~rotcct ion of Peirons

that all actions for anything done acting in execution ut

f this Ordinance, BE IT ENACTED, this Orilinanee.

s Ordiriance shall be commenced within six calendar months

er the fact was committed, and not otherwise; and notice in

iting of such action, and the cause thercof, shall be given to the

efendant one calendar month at least before the commencement of

action; and in every such action the defendant may plead the

era1 issue and give this Ordinance and the special matter in

ce a t any trial to be had thereupon; and no plaintiff s l d

r in any such action if tender of sufficient amends shall have made before such action brought, or if a sufficient sum of

shall have been paid into Court after such action brought, by

on behalf of the defendant, together with the costs incurred up to

at time. And if a verdict shall pass for the defendant, or the

ecome non-suited, or discontinue such action after issue

or if upon demurrer or otherwise judgment shall be given

the plaintiff, the defendant shall recover his full costs as attorney and client, and have the like remedy for the same efendant hath by law in other cases; and although a ver- 1 be given for the plaintiff in such action, such plaintiff shall

costs against the defendant unless the Judge before whom

shall be, shall certify his approbation of the action, and of

he verdict obtained thereupon.

XXXIX. AN* BE IT ENACTED, that throughout this Ordinance, ccmstncuon CLIUW.

nless where the subject matter or context is repugnant to such Con- tmtion, the words " Great Cattle" shall be construed to mean

Imed Cattle, Horses, Camels, Mules, and Asses, Male and Female,

~ i t h their Offspring above Six months of age: and the words

' Small Cattle" shall be constrncd to mean Sheep, Goats, and Swine,

)[ale and Female, with weaned Offspring: and the word " Cattle"

shall

the words " Waste Lands of the Crown" shall be construed to m,,

the same as in the Act of Parliament, passed in the Session of U

&all be construed to mean the whole of the aforesaid Animals; the Sale of Waste Land belonging to the Crown in the Australia Colonies ;" and the words " Crown Lands" shall be construed 1 mean any Lands whatsoever vested in HER R~AJESTY, Her Heirs,

Proviso.	Successors: PROVIDED ALWAYS that nothing herein contained sh;
be construed to permit or suffer the feeding of Swine on any Was
Lands of the Crown over which Common of Pasturage may 1 enjoyed.

H. E. F. YOUNG,

Lieutenant-Governor.

Passed the Legislatiue Council, this Seventeenth day of November, One Thausasd Eight Hundred and Forty-eight.

W. L. O'HALLORAN,

Clerk of Council.

SCHEDULE A.

the lawful Occupier of the following portions of

, County of

Acres, for which I claim to be admitted as a

Waste Lands of the Crown in such Hundred.

Sections.

A R,

Owner or Occupier.

___y.--.^Y-IW-Y--Cyl.,--~

SCHEDULE B.

, One Thousand Eight Hundred and

Depastured on Waste Lands of the Crown on the

nd Eight Hundred and

ance of the Ordinance, No. 10, 1848 :- by

CATTLE.

GREAT CATTLE, VIZ. U CATTLE,

BRANDS.

-- .

Esquire,

Commissioner of %own Lands.

hereby certify that the above is a true and correct Return.

SCHEDULE D.

Commissioner of Crown Lands Office.

The amount for which you are Assessed during the current year, under the Provisions

o. 10, 1848, on the underme~itioned Cattle, Depastured by you the Crown' in this Province (or District, as the case may be), is as

Head of Great Cattle, at per Head. ......... E 0 0 6

" S m a l l ditto, at per Head .......... 0 0 1

Pounds Shillings and Pence,

are hereby required to pay to the Colonial Treasurer, at his Office, in Adelaide (or

, at his Office, a t , as the

one calendar month from the date of the delivery of this notice. yourself as having a just cause for appealing against the said Assess- ase observe that such appeal must be lodged with me within ten days he delivery of this notice either to yourself or at your residence,

cognizance in double the amount of the said Assessment, to prose-

. As witness my hand, at , this

, One Thousand Eight Hundred and

C. B.,

Commissioner of Crown Lands.

- -- - -- -. - -. .

DEHANE, Ying William-ntreet.