Crown Lands Act 1853 (SA)

No. 9.

An Act to regulate the occupa,tion n f Crown Lands in South

A ustralia.

[Assented to, December 9, 1853.1

HEREAS it is expedient to amend the laws regulating the Preamble.

occupation of Crown Lands in South Australia-Be it

therefore Enacted, by the Gvvernor of South Australia, with the

advice and consent of the Legislative Council thereof, as follows:

1. From and after the passing hereof', the Ordinance passed on NO. 10 of 1848 re-

the seventeenth day of November, one thousknd eight hundred peald.

and forty-eight, 'TO regulate the occupation of Crown Lands in L

South Australia," shall be, and the same is, hereby repealed, except in so far as regards all things heretofore lawfully done in pursuance thereof; and except in so far as any former laws are thereby repealed.

2. I t shall be lawful for Her Majesty, or for the Governor, subject to the ap robation of Her Majesty, from time to time to appbint, durin &r Majesty7K$eileasure, Gith reasonable and proper	Commimionere of
Crown Lands.
sslaries, fit an 8- proper persons, being Justices of the Pesce, to be	Commissioners of Crown Lands, to execute this Act through-
out the Province, or such districts thereof as may be assigned to
them respectively by the Governor.

3. I t shall be lawful for every such Commissioner, and he is Cornuiesioners powered to give em-

hereby authorized and empowered to give any notice, make any ,,it,, . t . , claim.,

claim or demand, and make, or depute, or authorize any person to 2:

make any entry, which shall be requisite or expedient to bp given

or made, by or on behalf of Her Majesty, Her Heirs, or Successors;

and every such notice, claim or demand, which shall be given or

made in writing under the hand of any such Commissioner, and

every entry which shall be made by any such Commissioner or any

a u t h o d entriel.

I a person

person so deputed or authorized tit- make the same, as aforesaid, shall be good, valid, and effectual, to all intents a d purposes what- soever, and shall have such and the like force and effect to all intents and purposes as if the same were respectively given ox made by Her Majesty, Her Heirs, or Successors.

Commissioners em-

powered to dietrain	4. It shed be lawful for every such Commissioner, by virtue of his appointment alone, by himself' or anytperson whom he shall for that purpose depute, to make distress fer any rent whioh shall be due, in arrear, or unpaid, from any lessee, assignee, occupier, or tenant of any Crown Lands; and the goods, chattels, and effects so distrained, to impound, sell, and dispose of as in ordinary cases of rent in arrear.
for rent,
Power to impound
cattle trespassing.	5. If any cattle shall be found unlawfully trespassing upon any Crown Lands, it shall be lawful for any Conmissioner, or for arty person authorized by the Governor or any Cornrr~issioner in that behalf', either generally or in the particular case, to impound the cat%le so trespassing, to be dealt with according to law.

Penalties for injuring	6. Any person who shall injure, fell, or destroy any t ~ e e	or
or removing timber on

Crown Lands, without	sapling growing on Crown Lands, or shall cut, saw, remove,
licence.	or sell any timber lying or being on Crown Lands, without a valid licence, or other lawful authority in that behalf; and any person who shall unlawfully remove and take away, or sever, excavate,
Unlawful removal of
mctals, stone, &C.,	quarry, or dig for, with intent to remove and take away, any metal,
from Crown Lauds.	or ore containing metal, or any stone, sand, gravcl, or other ma- terial from any Crown Lands, without a valid licence, or other lltwful authority in that behalf, shall, on conviction, forfeit and pay a penalty not exceeding Five Pounds, including costs, or be im- prisoned with hard labour for any period not exceeding two calendar mouths for each such offence; and it shall be lawful for any such Commissioner, or any person authorized by him, or for any police constable, to appreliend any person found conlmitting any offence against this clause, and forthwith to take such person before any neighboring Justice of the Peace, to be dealt with
according to law.
Injuring or removing
land marks.	7. Whosoover shall wilfully deface, injure, destroy, or remove any survey-picket or other Iand-mark, placed, erected, or being on Crown Lands, without the leave of the Surveyor-General, or sdme person authorized to grant such leave, shall, on cmviction, for evcry such offence, forfeit and pay a penalty of Ten Pounds.
Obstruction of roads
and way smserved by	8. Whosoever shall, by casting or placing timber, stones, rubbisb, or materials, or by any other means, wilfully stop, obstruct, or injure, any public or reserved road or way, vested in Her Majesty, and not being a main road, nor within the lin~its of any District Council
the Crown,

c - -

so as to preGeiit,hinder, oriiite&upt the free passage of any carriage: or of Her Majesty's subjects, on any such road or way, shall, on conviction, for every such offence, forfeit a.nd pay a penalty of not legs than Two Pounds nor more than Ten Pounds, over ~ n d above the expense of removal ; and it shall be lawful for any Commissioner

of

of Crown Lands, or any pemon whom he may in that behalf appoint, by writing under his hand, without m y warrant, forthwith sum- rnsrily to remove and prevent every such obstruction, at the cost of the party causing the same, to be recovered summarily as hereinafter povided.

enaIty on depsstut-

9. Whosoever shall depasture cattle on the Waste Lalids of the P ing on the Waste

Crown, within an HundreA or part of a Hundred, without having L ands of the Crown.

a v a l i d k n c e or other lawful authority in that belmlf, or

&all depasture on such Waste Lands a greater number of cattle than shalI be authorized by such licence or aartbority, shall forfeit and pay, on conviction, for every such offence a penalty not ex- ceeding Ten Pounds: Provided that such last-mentioned penalty sl1all not be payable in respect of any offcnce made punishable by the by-laws of any District Council.

10. tVbosoever shall forge, co~nterfeit, or ?;Iter, or s h d utter, or Forgery and uttering

make- use of, knowing the same to be forged, c o u n t e r f ' d or dtere6,	$~~~~~~	a
any lease, licenc.e, or other document purporting to be a lease or licence, or any authority from Her Majesty, or the Governor, or any
erson acting on behalf of Her Majesty, to occupy any Crown Esnds in the said Province, or any document authorized by this Act, shall be guilty of a misdemeanor; and being convicted thereof, shall be liable to be imprisoncd, with hard labour, for any term not exceeding two years, at the discretion of the Court.

11. All proceedings under this Act may be had and taken, and Recovery ofvenaltisl.

all penalties, fines, forfcitures, and sums of money incurred or iulyosed, or payable, under this Act, may be sued for and recovered at the suit of any Conlmissioner of Crown Lands, or such other officer as the Governor from time to time may in that behalf appoint; and all sucl~ proceedings in respect of matters arising within the limits of any District Council, which such District Council shall have authority to regulak by any by-law, may be

Chairman of such District Council in a summary way, before any

had and taken and the penalties sued for and recovered by the

two or more Justices of the Pence for the said Province, other

than such Commissioners or Chairnmn, in cases vhere any such.

Commissioner or Chairman shall be a party to the proceedinq.

12. In any action, suit, or proceeding under this A& the aver- Oiusprobandi.

ment that any lands are Crown Lands, or Waste Lands of the Crown, shdl be sufficient without proof of such fact, unless the defendant prove the contrary; and if any question shall arise whether the defendant was autllorizecl to do t11c act complai,ied of, the proof thereof sllall lie on such defendant; and all licences, certificates, maps, plans, and office copies certified as true under the hand of the Sur- veyor-General of the Province, or bf the proper officer of his department, or of any Commissioner of Crown Lands, shdl, in all matters relating to the said renpective offices, be sufficient evidence

without

without production of original records, and without the personal

attendance of such &cers, or proof of their signatures.

Governor may order

of 13. I t shall and may be lawful for the Governor to pay or cause to be paid out of the public Treasury of the Province, the costs or charges af any suit or action which shall or may be brought by or against any Commissioner, Justice of the Peace, Constable, or other person acting under the authority and in the execution of this

peid from Treasury.

Act.

14. And for the protection of persons acting in execution of this Act--be it Enacted, That all actions for anything done under this Act shall be commenced within six calendar months after the cause of action shall have arisen and not afterwards; and notice in writing of such action, and the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and in every auch action the defendant may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action

"OtectiOn	mina; in execution	Fmns	of
$urn A C ~

if tender of sufficient amends shall have been made before such

action brought, or if a sufficient sum of money shall have been paid

into Court after such action brought, by or on behalf of the

defendant, together with the costs incurred up to that time.

"~*mrionclaumm 15. And be it Enacted, That in construing this Act, the word

U cattle" shall be construed to mean horned cattle, horses, camels,

mules, asses, sheep, goats, and swine, male and female, with weaned offspring; and the words Waste Lands of the Crown" shall be con- strued to mean the same as Yn the Act of' Parliament, passed in the Session of the fifth and sixth ears of Her present ~Lajesty, " For Regulating the Sale of Waste Land belonging to the Crown in the

Australian Colonies;" and the words Crown Lands" shall be con- '

strued to mean any lands whatsover vested in Her Majesty, Her

Heirs, or Successors.

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Adehide: Printed by authority by W. C Cox, Govarnment Printer, Victorie-89-