Crown Lands Act 1877 (SA)

A.D. 1877.

--

No. 86.

Preamble. 31. Mincral lease may be granted.

I 32. Conditim of cdtivation may be relaxed.

PART I.	33. Purchahers to bend in returns.
34. KO tt anofer nllowed.

I\TllOnLCTOI~1. 33. Conditions may be performed by repre-

1. Short titlc and division of Act. sentalito~.

5. Repeal. 3G. Sections may bo d'vidcd.

3. Inlernretatinn. 1 37. Ac ct.pt,mce of ove~due purchase-money.

4. L; O V C ~ ~ to c m n q under this Act. 38. Who may 110% hold land on tertlrs of

5. P o d ~ r a t ~ o n c>f lands to the public. cledit

b. Governor may roservu lands. 39. Lands of insolvc~t to bc sold for benefit

7. Lands may bc exchanged. of creditors.

8. Coimt~es nnd hiindreds may be couutitutcd. 40. No agent to huy in his own name for

9. Toxn, suburtnn, ancl p a ~ k lands may itnothvr.

be rcm-red. 41. 1rr1i)rovemontu.

10. Commissinr~er may withdraw lands. 42. 1'urc;hnscr on credit may be summoned.

11. Lands may be dcmiaed to aborigme3.	43. W~tnrsszs	may be examined.
44. Eridolwe.

60. Rent.

45. Form of summons.

?G. False declaration to cause forfeiture.

ALXESA'PIOh.

S d e I ~ I O I L Crcdd under A y r c c ) i ~ ~ ~ l. 47. In ccrli~in cases agreement may be

(l.) revolicd.

13. Land to be surveyed bcfore E&. 48. No purchnsc after revocation.

13. Reservation of n h e r n l lands.

14. I'ricc of lands.

16. illethod of purchasing land upon credit.

16. Rocript to be givcn.	40. Certain lands to he open for sale.
17. Applicant may appoint agent.	50. Town and suburbari l a d s.

18. Sums paid not l io td jd i, may be furfcitcd. 51. Cettnin country landsmay be sold for cash.

1'3. Agreerueut. 62. Certlin lands may be sold for cash or or1

20. Applicant eiiffering for& itura, credit.

21. Purchase-money, how paid.	53. Upsct price.
22. Portiuu of purchase-money lnsy bc paid	64. T,andu lo be gazetteri before auction.

at any time. 65. Lands to be always open for sale on crcdit.

23. Consolidated agreemeuts map be obtained.

SG. Purchase-moncy of litnds.

24. Application of certaiz provisions.

25. No one to purchase rrlorcr than 1,006 acres.

26. Devisee or pe~sor~al r~prcscntativc.

27. Certain grants may be muie. 37. Tlqnd unsold for f i r e years may be leased

28. Construction of agreeuent. with right of purchase.

29. Construction o f residtncbt. ~ l a u ~ o. SS. Certam lands rnaF be lcascd.

30. Sgrccmu~t may be sur~e:.tlord. -, ). Ltrs S to he liit'crcil .tt :lux tio 1 1.

GO. Rrrit.

61. Wl~crc lease not sold. LEGAI, PKOCED C ICE, TRESPASSES, ANl)

6'2. No person to h t ld more than 3,200 acres.	PENALTIES.
63. Lessee not entillcd to commonage.

97. Crown Lands Rangers.

l lART	IV.	98.	Crown Lands Ranger may makc any claim
or entry.

LEASES .4XD LICEXCES FOR PdSTOlLAL 99. Powir to impound cattle trespassing.

PVR,FOSES. 100. Penalty for unluwful use of travelling

fit. Pastoral lcascs may he granted. b t ~ ~ ~ r e s e r v e s.

Gb, When Imsc under this Act required, nolicc 101. I'cnaltyJor unlawfully depasturing.

to be given. 102. Pendtles for injuring or removing timber

(;F. New lcase may be granted. wi~hout licence.

67. Rent.	103. Ipjuring or removing land-marks..
FR. Ucnt, how computed.	104. Ubstruct~on of roads and ways.
69. Rctum of ravelling stock.	105. Pen;tlty fix driving stock off ruu t o wade

70. Lessees to make rcturn of their own corrcct return.

tr,~velling stock. 106. Lessce and overscer both liable.

71. One leturn for contiguous lund~.	107. Penalty for omitting to Foruwrd returns.
72. Penalty fur false rcturn.	108. Penalties for non-paymtnt of rent.
7 3. Ownc rs of' travelling fitock being leasers to	109. Eule to bhow cause wh;- leasu bhodd not

make p n ~ m ~ n t. be forfeited.

74. Owners also liable to certaia other pey- 110. Supreme Court may declare lease to be

ments. forfeited.

is, If owner not Iwsee, on non-payment, stock 111. Coult may allow lime to lessee to rebut

may be seized and suld. vharges.

76. Autho~ity. 112. Itc covery of cost..

77. l'nyment for wells and dams.	113. Summat y cjcctuent.
78. Payments for improvc ments.	114, Rrcovt t y o f r a t.
79. Annual leaecs, calmwuagc liccnccs, and	115. Prndty for unautholi~ed o~cup;ltion of

prefercr~lial rights. Crown Ltnds.

80. Owner of stock liable to payment in l lG. Any unau horized occupier may be dk-

cel tain rases. possees.~d.

81. Co\msnts for repair to bc inserted in l i7. Forg~ rj. and uttering a misdcmeanor.

leascs.	118. llccovcry of penalties.
119. 01m probarrdt.

PART V.	120.	Sulnmnry procedure.
121.	A,rpf,d.

122. t,oc,d Court, lipon hearing of appeal,

may state rprcial rnsr.

123. 1)ispod of penalhs.

124. Govt rnor may order costs to be pald.

82. Governor may grant mineral leas's. 1L6. Protection uf persons acting in execution

83. New leases tor old.	of this Act.
84. Improvements.
85, Leases may be co~solidated.
86. Iicmt.

8 i. Rctnins to be delivered. IlIIsCELLAUBoTb.

SS. Cocenants and conditionlls of least.. 12G. Pastord lcase to dcte~mine on grant o i

other lease.

127. Grants fttr public or charitable purpose. 128. A l l leases heretofore granted to be valid.

89. Zicenccs to search for miner;ils. 129. Lssscc under l'art V1. may obtain lease

PART VI. under Part V., and vice V C ~ S ~.

130, Lessee may surrendrr his leasc.

LEASES AND LICENCES FOX MISCELLAN',OCS 131. Ncw lcasss may be issued.

PI'KPOSES. 132. Pccs may b. charged.

DO. Aboriginal rescwes and buildings may 133. Plans may be corrected.

bc leased. 184. Appointmrnt of Land Offices.

91. Leases to discoverm. 135. Unbrawltd mild cattle b e l o n g ~ t o ~ t h e

92. Bfiscellaneous leases may bc granted. Crown.

93, Conditions of lcase.	136. Regulations.
94. Licences may he granted.	137. Derlarations.
95. Conditions of licences.	138, Commencement.

06. Commissioner may prohibit ccr ta~n :~cts.

An Act to consolidate atzd ametzd the Lazus relating to the Crown

Lands in $outh Az~stralia.

[Assented to, 21 s t December, l8V. j

Preamble.

HEEEAS it is expedient to consolidate and amend the Law

relating to the sale and occupation of thc Crown Lands in

South

South Australia-Ec it therefore Ihadccl by thc Gdvcrnor of tlw Province of South Auqtralia, with the advice and corssent of the 1,egislative Council and House of Assembly of the said Psoviacr, as follows:

PART I. PART I.

1. This ,4ct may be cited for all purposes as the Crown Lands Short title and division of Act.

Consolillation ~ c t " and is divided into Parts as follows:

PART I.-Introductory, ss. 1-1 1 :

PART 11.-Alien a t' roil:

1. By sale upon crcdit under agreement, ss. 12-23:

2. Provisions applicable to all agreements, ss. 24-48 :

3. Sale by privatc contract nncl by auction, ss. 49-56:

PART 111.-Leases with Right of purchase, ss. 57-63:

PART TV,-Leases and Licences for Pastoral Purpose"" sss. 64-81:

PART V.-Leases a i d 1,icences for Mineral purposes:

1. Leases, ss. 82-88:

2. Liceiices, S. 89:

PART v1.-Leases and Licences for biisccllaueous Purposes, ss.

90-96:

PART v11.--L~ga1 Procednrc, Trespasses and Penalties, ss. 97-225 :

PART v~r~.-~Iiscellai~eox~s, ss. 126-138.

2. The Acts inentioncd in the First Sclledulc llcrcto, arc llcrcby Repeal.

repealed; but such repeal, except whcre otherwise expressly provided, shall not affect ally ?state, right, interest, or lialnility,

repealed, and shall not prejudice or affect anything already lawfully

created by or existing tundcr o; by virtue of any of the Acts llcreby

done or commenced 01. contracted to be dono nnclcr m)- of such Acts, or undcr any cxisting rcgulations, agreenzcnts, lcases or licciiccs; and all proceedings, matters, ailcl things lawfully lml or clone, ancl all reservations of land, and all uppointmmts and by-laws lnntle or maclr valid, before the passing of this Act, by3 nlder, or in lmrsuance of, the said repealecl Acts, or any of them, shall be of the same forcc and ~ffect; to a11 intmts and lmrposcs, as if the said Acts TVCK still in forcc; ancl no information, suit. appeal, or other proceeding, criminal or civil, at law, or in equitl-, which at thc time of the pass- ing of this Act, may bc dcynrling ill nnp Court, or hcfore anv Jisdge or Justice, arbitrator, or other authority, shdl abate or 'bocoine cliscontinuecl, or in anywise prcjudicecl or affcctcd; but shall be proceeded with, heard and determined, and thc verdict, sentence, judgment, dccrce, rulc, order, decision, or award enforced as if the said Acts mere still in force. ,411rl csccpt whrrc: otherwise cs-

i)i.cdv

40" & 41" VICTORIB, No. 86.

Cyown Lands Consolidation Acf.--1877.

prcssly pravidcd, all offences rornrnittecl, :uid penalties incurred before the passing of this Act, agdinst any one of thc repealed pro- visions, shall, and may be tried, punished, inquired into, and enforced, and every conviction or order of any Justice made or given before the passing of this Act, shall, and niay bc enforced and proceeded with, as if the said Acts xTere still in fbrcc; and all ljrocec~dings, civil or criminal, of what naturc or kind soever, for tlic Onfi)rccrnCllt of any forfeiturrs or prmlties i n rcgad to itlly land dimated. demised, & held nndcr any agreement, lease, or l i r~ncc, undcr any of the said Acts, shall and may be cornnicncetl and prosccutecl as if the said Acts mere still in forcc.

Interpretation. 3. I n the construction and for the purposes of this Act, unless inconsistent with tha context -

Crovn lanils. The term Crown lancis" means all lands in South Australia situated to the south of the twenty-sixth prallel of south latitude which

I. Shall not have been reserved for and dedicated to any

public purpose:

11. Shall not have been lawfully granted, or contracted to

be granted, in fee simple by or on behalf of Her

Majesty:

111, Shall not be subject to any lease or lict-lice lawfully

b right of purchase by tho lessee, or for miieral purposes,

aranted by or on behalf of 'Her Majesty, with a

or under Act No. 3'1 of 1872, or Part VI. of this

Act:

xv. Or which having been lawfully held by any person for any such estate or interest, shall be lawfully forfeited or resumed, or shall by any means whatso- ever haw revcrtcci to the Crown:

Country lands. The term country lands " means all surveyed Crown lan.ds, not

being town, park, or surburban lands, or reclaimed or im-

proved lands or reserves:

Town lands. The term " town lands " means all Crown lands ~.eserved or sur-

veyed, or laid out in lots as the site for a town:

Park ands.	The term "park lands " means lands adjacent t u any town re- served for the use and benefit of the inhabitants of such town:
Buburban lands.	The term " suburban lands " means all Crown lands surveyed in sections of not greater than twenty acyes each, situated within two miles of any town lands, or any land reserved for the purpose of a town, whether surveyed or unsurveyed, or within two miles of the park lands (if any) surrounding or adjoining any such town lands, or lands reserved for the

purpose of a town, whethcr s~zrveycd or nllsurveyed:

The

The term "improvd lands" menus d l (:row11 lands on which Ilnprorcd hadJ

impro~cn~cnt s h a w 1 )eel1 nladc by purchasers: oil credit or

lessces from the Crown and l>roclaimetl ns snch:

The term " spprcial country lot " means any single section of Special country lot.

country lands which may bc s~mormclcd by land solcl, or contracted to loc sold, and which s1mll ha& been offered for salc and shall haw bccn withclrawn from sale, and shall not haw been dcdicatcd for any public purpose; and also any section or block of coilntry Iancls, not esc:rding onc hundred acres in extent, which may be required for the establishment

of any industry that m~)i 1w nlq~rowd ln- tllc Govcunor:

The term " block" or '- ldoc.1;~ of h r l " mcans onc or more sec- Block or blocks of

tions of land sitnntc ~trhcu tllcre is more than onc section of '""'L

land contig::uons to each other or separated only b y a road:

>.

The term " cultivation means plouglling, digging, or trcnching, ~ n ~ t i r a t i o n.

and planting 01. sowing ccc~cxls,	hemp, fli~s,	pulsc, lucern, or
root crops:

The term " Coinmissioncr " meails the C'omnlissioner of Crown Cm,i,si,,er.

Ltnds and Imnigration for thc time being:

a'hc trrin "lal~d ~uldcr agrcemcnt " mcnns land purcllascd upon Land under agree-

crcrlit, undcr the authority of this Act, or any rcpealcd Act, ment.

and not absolutely granted by thc Crown:

The term *' lcssee " means as well the lesscc: of any land Icascd IJessee.

pursuant to this o a A c t hereby n y m h l, i s thc sssignec

or personal representative of snch lesser\:

The tcrm catt,le " means horses, gelding^, mares, bnlls, bullocks, cattle*

and cows, and also foals and calvcs over six mouths old:

The term '; shecp" means rams, wetlrcrs, and ems, and lambs "W.

over six months old.

4. Undcr and s:tbjccL to thc provisio~ss 01 this Act, thc G o v c r n o r t o c o n ~ e ~ under thia Act.

Govcu~or in ihc name and on behalf of l lc r 3lajt;l~~F may grant convey or othcrmisc alienatc, or inay rcseriAc or clcilicatv to thc public usc Cro~vn lands, ior such estate or intcwst as in such case is authorized bv this Act, ancl for none other, and all grants, conveyances, and other :dirrmtions. shall bc rnndc in such form as thc Govcmor shall clinvt, 5. Tht.

6 30' & 41" VICTORI&, No. 86.

Crown Lands Consolidation Act-1877.

PART I. 5. Thc Govcrnor W-, by Proclnmntion in thc Gor;cmnzc/7t Gazette,

-7

Dedicatiorl~f landsto giving a gcneral or particular description, dedicate in such

the puhlic.	manner as illay seem best for tlic public interests any Crown lands for the preservation of water supply, or for any public roads or other intemal co~nmuriicatio~~s whether by land or water, or for any quay or landing-place, or public reservoir, aqueduct, or watercourse, or for the purpose of any hospital or asylum, or for
my market place or abattoir, or for the purpose of any institution
for public instruction or amuscnient, or for any public building [not being intended for ecclesiastical purposes], ~r for lmblic use for the interment of the dead, or as places for the recreation and amuse- ment of the inhabitants of any city or town, or for park lands, or other purpose of public safety, convenience, h d t h, or cnjoyrnent, or for any other public purpose, or foi. the purpose of building or endowing any cominon or district schools, not being denominational schools.; and upon such Proclamation being published in the
Government Gazette, such land shall become m r l be dedicated
accordingly, and may at any time thereafter ?x granted for such purpose in fee simple: Provided that tho delilleation in the public maps of the said Province, of any public roads will be deemed a sufficient dedication thereof, without the publication of any o thcr notice.

Govemoi may reserve	6. The Governor may, by Yroclamation in the Government
lands.

Gazette, rcscrve such portion of the Crown lands for the use and benefit of the aboriginal inlmbitants of thc said Province, or fbr any purposes of military dcfence, or as forest or mineral reserves, or reserves for gold mining pmposrs, or as travelling stock reserves, or as places for the recreation or ammement of the public, or for any rail- way or railway station, as inay be described in such Proclamation, and may, i11 like manner, revokt. m y Proclamation as to the whole or any po~t,i,ion of snch lands so reserved, and thereupon such lands, tlic Proclamation reserving wlrich is so revoked, shall be dcalt with as if thc same had nwcr bccm rcservcd as aforesaid: Pro~ided

always, that no Proclanintion revoking any Proclamation reserving

lands as aforcwd shall 'uc issued, until a ~t tztcm~nt Ims been laid

bcforc Parliament for thirty days, sctting forth the l~articulars	of the
Proclamation so proposcd to be revoked.

Lands may	ex-	7. The Governor may cxchange any Crown lands for any lauds alienated in f ec si mplc "for the purpose of completing or increasing in length or area any lands reserved for roads or other purposes, and for such other purposes as the Governor may think advisable for tbe public use or benefit,
changed.

Counties and hun-

dreds may be cons~i-	8, The Goverrlor may divide into counties and hundreds anv Proclamation to bz publislred in the Goz?cmmc.nt Gazette may define
tuted.	Crown lands not already included in any county or hundred, and b)
the boundaries of such counties or hundreds ailcl may distinguish ,
each by a name; and, after such Procltunation, thc land described therein shall constitute a,nd be rccogniaed as a county or hundred, as

the

40" & 41" VlC'l'ORl~fi;, No. 86.

the case may be, by the nnxnc so given: Pro\-idcd that i t shall be YART I.

lawful for the Governor, by Proclamation to be published in the Gorernment Gazette, to declare that any county or hundred shall cease to exist as such, and to rxtcnd or diminish the area of' any county or hundred, or to altcr the boundaries or name thereof, and to add the area taken away from one county or hundred to any other adjacent county or hundred, and to divide any county or hundred into two or more counties or lzundreds, arid to give each a dis- tinguishing name. In every such Proclamation theday from which the same shall take effcct shall bc mentioned, and no counties or hundreds shall Fc constitutcct nnder tllc authority hereof, unless a list of the counties and h~mdreds intended to be constituted shall be laid before Parliament thirty clays prior to the Proclamation thereof.

9. The Governor may, by Proclamation to bc published in the Town, snburban, and

Goverwtwnt Gnzettc, declare what lm t s of the Crown lands are to be be reserved.	park lmds rnay
set apart for thc sites of new towns and for suburbs thereto, and for park lands; and such lands shall tlwreuyon be reservcd and ctesignated as town, suburban, or park lands, as the casc may be.

10. The Cornnzissioncr may at m y time withdraw from sale on Comminsioncr may withdraw lands.

credit or otherwise, or from being offered on lease, any Crown lands, either temporarily or permanently, and any C~own lailils so with- drawn shall not again be offcmd for sale npoll credit or otherwise, or on lease, respectivt.lg, until thcy shall have been ie-advertised for one calendar nlonth in tliu ~ o a e t h m t t Gazetl~, as open for sale upon

credit or otherwise, or upon lease, as the case inay be: Provided that

thc period of time during which such lands shall bl:h so withdrawn shall not be reckoneci in any computation of time which may affect

the period at which such lands may be dealt with.

11. The Govcrnor may demise to any aboriginal native, or thc Land may be dcmised

descendant of any aboriginal native, i l l l y Crown lands not exceeding t o aborigines.

one llundred and sisty acres, for m y term of years and upon such PART 11. YAXT 11.

terms and conditions as the Governor shall think fit.

-- -U-..--- -

ALIENATION.

(1.) By Sale upon Credit under Agreenlev~t.

l:'. KO Crown lands shall bc granted or contracted to be gmnted Land to bu surveyed

in fee simple nnder the provisions herein contained, unless tlie same

"l'.

shall have been smveyed and propcrly marked upon the ground and shall luve b ~ e n clclineated in.the piblic maps in the office of the Surveyor-General in such sections as rnay be dcemed convenient, but so that no one section shall contain a greater area than five hundred acres; and after such lands shall have been so sur~reyed and delineated, the Comrnissiollcr may declarc the same open for sale npon crrrlit lmdrr this Act lq publish in^ ;L

S 40" & 41" VICTORIB, KO. 86.

--p -- - ---- -

Crowt~ Lands C012~0 Eidatim Act.- i 877.

-------------.P- -

PART 11. notice to that effect in the Government Gazette, describing generally the lands so surveyed and delineated: and referring to the said maps; but the date at which the said lands shdl he first open for sale upon credit shall not be less than six weeks after the first publica- tion of such noticc.

Reservation of 13. Thc Commissioner, notwithstancling anything herein con- taincd, may decline to nccccle to any application for the purchase upon credit or otherwise of any land known or supposed to contain gold, copper, or any other mineral.

mineral lands,

Price of lands.

14. Any counlrv lands, reclaimed lands, and improred lands may

at the following minimum prices respectively, nan,ely--Country

lands at the .price of One Pound per acre: Reclaimed lands

at the price of One Pound per acre, with such an aJdition to cover

the estimated cost of rcclaiming the same, as map be fixed by the

notice in the Government Qaxcttr: declaring such lands open for salc

u ~ o n credit: Improved lands at the pricc of One Pound per acre,

be sold upon credit, to any person above the age of eighteen years, ments effected on such land, such price to be fixccl in respect of each section of improved lands, by the noticc ir, thc Government Gazettr, declaring such lands open for sale upon credit, and such notice to specify the amount added to the price of such hnds as the value of such improvements: Provicied that after such inqxoved lands shall have been open for salc and uuselectcd for six months it shall be law fill for the Comrnissionrr, by notice in tllc Gouernmem.! Gazette, frolx time to time, to reduce thc amount payable for such improvements to snch

sum as hc shall think fit, and tlrcwxftcr. and until any further reduc-

tion shall have been made thc mm so fixed shall be the sum payable

in respect of such improvcmen';~ by thc purchaser of such land.

Method of purchasing 15. Land o1)eii f OX' sale ~11on credit as aforesaid, s l d l be sold iLt

land upon crcdit.	such times aud places as the Commissioner shall appoint mder and
subject to the following regulations-

I. M711e11 the whole or any part of the land in m y particular hundred is first cieclaiwl open for selcction, or re-opened for selcction upon credit, the presiding officer shall offer for sale by auction, at an /npsct price of O ~ P Pound per arw, the right to the first choice of such land open for sale upon credit the competition at such auction being confined to such per- sons qualified to become purchasers of land ullon credit, as shall respectively declare their intention to rcsidc personally on any land of which they may ~spcctivcly become the purchasers:

Ir. The highest bidder at such auction shall forthwith select any section or sections of land in the said hundred, which shall be unselected a id open for salt? upon credit, and which shall not contain morc than the uumber of acres whjch such

Ilgllcst bidder ih clltitlcd to purc.1~a.w 11pon crcdit: Pro~idcd

that

40" & 41' VICTORTB, No. 86. 9

that no person shall then bc eiititlctl to selcct two or morc	I'MU 1 1.	--	- -. -
sections not forming one block:
The person so selecting shall then be declared the purchaser of the sections so selected, and sliall forthwith pay to the presiding officer a sum of money in the proportion of Ten Pounds per centum on the amount of his purchase-money: Provided that if such perm^"^ shall select reclaimcd land, the estimated cost of reclitin~ing the same, as fixed by the Government Gazette, declaring the same open for sdtle upon credit, shall be added to thc amount of such purclla se-money, and the sum to bc forthwith paid to the presicling oufctlr s l~i~l l
be in the proportion of Ten Pouiids per centun~ 011 the amount of such purchase-moncy m d cost of rt~clarriation; i111d provided also that if such perion shall select i m p r o d land lic shall, in addition to the aforcjaicl p~r~e11ti;lg~ on thc purcliasc-monc y bid by him, forthwith pay to the presiding officer the full nmo~mt fipcrificd in thc Gol;ernment Gazette as

tbc vduc of tlre improrcrncats on such land:

IT. When the person l~aving the first right to selcct shall have

selected ancl been declared the purchaser, the right to the choice of the reniaining land open for sale upon crcclit in tlic samc hundred shall in lihc inanncr bc successively off'ercci for sale by auction among the pcrsons qualificcl as aforesaid, clcclar ing tl& intention to reside persoimally on the land, and tla: highest bidder at cach such auction shdl and the 1:tst remaining person may successively select land in the said hundred, and pay the percentago to bc determinecl ill niaIlli(lr before specified, with reference to the pcrsoii having the firbt right of selectiorl:

v. When no further bid slid1 bc niaclc at such auction for the right of selection as aforcsaid, the presidixig officer shall in a similar manner, offer for sale by auction, the right to the choicc of la id iu the samc hundred, rcrnainiiig ~lnselccted

and open for salc upon credit among pcrsons not declaring

thcir intention to reside personally on the land; ancl thc n orc- f

said regulations with referclice to sclcction ancl purchssc by persons declaring thcir intention so to reside, shall apyly to selections and purchase by persons not declaring thcir inten- tion so to reside: Providecl that every purchaser not cleclaring

his intention to reside personally on tlic land, shall nialre a declaration in the form contained in tlre Fourth Scheclule

hereto, and halid the same to the presiding officer at the time

of selecting the land:

vr. Any person, who l~aving bid for any land aforesaid, and having been declared the purchaser thereof, shall refuse or neglcct to forthwith pay to the l~residing officer the sum of money payable bv him, or who shall aiter~vards declint! to sign an agreement to rcside pcrsoidly on the land io cases \\-here pcrsonal residenrc is ncccssnry, or in cases mherc

H pcrsollal

--

G4ow?t Lands Consolidation A c t. 1 8 7 7.

PABT z personal residence is not necessary, shall refuse or neglect to

, make, and at the time of selecting, hand to the nresicling officer V ' L C,

thc declaration required by .the preceding regdatioils, and any person not qualified to bccorne a purchasw of land upon credit of any section of land among the scctions then b e i ~ g

offered for sale, who shall bid at any such auction, fihall, on conviction, forfeit and pay for each offencc a penalty of not more than Twenty-five Pounds:

VII. All country lands, the r i ~ h t to choice of which shall liavc been offered under the precedmg regulations, and shall remain un- selected, shall be open fbr sale upon credit by private contract at the price of One Pound per acre; and all reclaimed lands, and irnprovcd lands, the right to the choice of which shall have been so offered, and which shall remain unselected, shall be open for sale upon credit by private contract a t the price of such land as mentioned in the Government Guzette, declaring the same open for sale upon credit. In case of sirnultancous applications, the person declaring his intention to reside per- sonally on any land shall be entitled to thc first choice, and the right of choice between two or more such persons, or bctwcen two or more persons not declaring t?leir intention to reside personally on the land, shall be decjdccl by lot.

Receipt to be given.	16. The presiding officer shall cause a receipt to be given to eacll purchaser when determined under the precediilg rcgulaticns, for the amount paid as aforesaid; and such amount allall bo regarded as payment of interest in advancc for threc years upon the purchwe- money of the land selected. Such receipt shall bc in the form set forth in the Second Schedule here&, or to the likc effect, and in the event of the land purchased being improved land, such receipt shall also include the amount as aforesaid as the value of the improvements thercon.
Applicant may em-	17. The acts mentioned in the three preceding clauses of this Act through his duly-authorized agcnt acting in his behalf only, but such
ploy agent.	may be made, done, and surfercd by any person in his own name, or
agent shall, before the commencement of tile auction, declare his
intention to bid as an agent, together with the name of his principal, and also furnish the presiding officer with satisfactory evidence of his authority so to aci; and no person or firm of persons, shall, either personally or by his or their clerk or servant, act as agent for two or more competing purchasers.

sums p i a not bond 18. If any person shall bid for the choice of land under the fore-

.pdu '' going provisions for any other purpose than that of bond j d e be- coming the purchaser of the lands to be selected by him, all moneys paid by such person shall be absolutely forfeited; and it is hereby expressly declared that the Commissioner may declare any such for- feiture on any evidence which may appear to him sufficient; and a notice that any such forfeiture has been declared, signed by thc commissioner, and published in the Government Gazette, shall be conclusive evidence thereof, and shall be an effectual bar to any

proceeding^^

40' tk 41" VICTORIB, No. 86. 11

Crown L m d s Consolidation A c t. 1 8 7 7.

proceedings which may be instituted by such person, or anyone - U*

.

claiming through or under him, for the recovery of any money so

paid by him as aforesaid.

19. Within trventy-one days after any person shall have been Agreement.

declared the purchaser of any land under the provisions herein- before contained, the Commissioner shall cause an agree- ment in duplicate in the form contained in the Third Schcdule hereto, or to the like effect, to be drawn up and left at the Land Office, or forwarded by post to the purchaser at any addrew which IE may give to the presiding officer at thc time of being declared the purchaser. Upon such zlgrcement being delivered at

the Land Office, duly executed by the purcl~ttscr in duplicate, within

a further period of fourteen days, or such further time, as the Com- missioner may allow, the Coinmissioner shall also execute such agree- ment in duplicate, and shall cause one part thereof to be delivered or scnt to the purchaser. Any purchaser who shall fail to deliver such ngrcemcnt duly executed by hini in duplicate at thc Land Officc, within such ycriod of fourtccn days, or such further time as may be allowed hy the Commissioncr, shall forfeit the sum of money paid by him under the foregoing provisions, and. all right to purchase such land upon credit, and it shall be lawful for the Commissioner to declare such land again open for sale npon credit.

20. No person vho shall have incurred any forfeiture under the Applicant suffering

preceding provisions of this Act shall afterwards be allowed to forfuiture.

become the purchaser of the land which he may have selected prior

to such forfeiture, or any part thereof.

21. The purchas~r shall, within fourteen days from the termina- Purchase-money, how

tion of the third year from the date of every such agree- pald.

ment, pay to the Tntasurer, or such person as he shall appoint,

another amount equal to Ten Pounds per ccntuin upon the purchase-

money of the laiicls mentioned ill such agreement, ancl such pay-

ments shall be regarded as payment in advance of interest f i x three

years upon the arnount of such purchase-money; and the purchaser	shall, at the end or within fourteen days after the expiration of six
ycars from the date of the said agreement, pay one-fourth of the purchase-money of thc 1:~nds mentioned therein, and a further sum, in the proportion of Ten Pounds pcr ccntum, on the balance, of such purchase-money, which sum shall be regarded as interest thereon for the next three years; and thc purclmscr shall, at thc end, or vithin fourteen days after the expiration of ninc years from the date of the said agreement, pay the halance of purchase-money of the lands mentioned therein; and thereupon the purchaser shall, if he shall also have complied with the other conditions by this Act and by the said agrccmcnt imposed, be entitled to a gmnt in fcc simple
person who shall haw purchased land upon crcclit under the con- at end o f five years. of thc land mentioned in such agl~emcnt: Provided that any Proviso for payment
dition of personal residence and shall have bond fide resided upon and cultivated the land purchased by him as aforesaid and s l i d have

made

40" & 41" VICTORIB, No. 86. -- - --

Crown Lands Consolidaiio~z Act.21877.

- ~'-wc made improwmcnts t hcrcon to thc value of Ten Sllilliilgs per acrc, and othcrwisc fulfilled the requirements of his agreement and of this Act, shall bnat liberty to pay the amount of the purchase- money for the same at the end of the first five years from thc date of the said agreement without further interest thcrcon, and shall thereupon be entitled to a grant of thc land in manncr aforesaid.

Portion of purchase-

money may be paid

22. The purchaser may at any time or times during thc currency of his agreement pay off in sums of not less than Fifty Pounds, any part of the purchase-money accruing due under his agree- ment, not exceeding nine-tenths of the full amount of such purchase- money, and thereupon the interest paid in advance on the portion of the purchase-money so paid off by the purchaser shall be allowed to him on his next payment of interest or purchase-money under his agreement, and the amount of interest payable under such agreement shall thereafter be proportionately reduced; but such purchaser shall, notwithstanding such payment, bc subject in all othcr respects to the provisions of this Act and the terms and conditions of his ugrccmcnt.

at any time.

Consolidated agree-	23. Any selector under any Act repealed by this Act who shall
ments may be

~btained.	be desirous of availing himsclf of the provisions hercof, or who, having two or more agrccmcnts of different datcs upon crcdit under any Act so repealed, shall be desirous of obtaining a consolidation
of such agreements at an average date, :nay apply in writing to the
Commissioner accordingly; and, upon the approval of the Governor shall be entitled to surrender such agreements, and to enter into tl frcsh agrccmcnt undcr this Act in respect of such lands for the term uncxyired undcr such agrccmcnts, calculated from the average date thereof, and at the total tmount of the purchase-moncy and interest agreed to be paid in the said several agreements: Provided,
Proviso.	that no such approval shall be granted by the Governor unless the selector so applying shall prove to the satisfaction of the Governor that he has complied with the conditions as to cultivation, and with all thc other conditions under which he holds such lands, except
that residence on the land hcld under any one of such agreements shall, for such purposes, be deemed a residcncc on the whole of
such lands; and provided also, that before any such application shall be granted, notice thereof shall be published for three weeks
consecutively in the C raxette.

(2.1 Provisions Applica hle to all Agreemettts.

Appl+atition ofceitaia	24. Thc provisions contailled in clauses 24 to 48, both inclusive, of this Act, shall apply to all agreements in force entered into under any repealed enactment, as well as to agreements under this Act, and to every purchaser upon credit under any agreement.
provisions.

Noon, ,,,,,b,, 25. No person shall be entitled to hold as a purchaser upon morethan1800acrea. credit under agrcemcnt more than one thousand acres of land, such

'

maximurn area of one thousand acrcs including all land which he may hold, and all land which hc may have hcld under agreement other than agreements which may have becn surrendered under clause

No.

40' & 41' VIC:TOItIsZE, No. 86. 13

f i o w z Lands (Tonsolidation Aa t .1877.

50. 30 of this Act, or under clause KO. 26 o& the Act No. 18 of PART 11.

-

1872, also under clausc No. 3 of the Act No. 32 of 1874, and also all land the purchase of which he shall have completed under any agreement; but no person shall bc entitled to hold as a pus- chaser upon credit more than six hundred and forty acres of re- claimed lands; and no person sllall hold under agreement at any one time more than three separate and detached blocks of country

lands, reclaimed lands, or improved lands, or any of them. ~ n f -

one offending against the provisions of this clause shall be guilty of a fraud under this Act; and all land held by him under agree- ment, and all moneys paid by him on acco~mt thercof, shall bc

absolt~tely forfeited as hereii~af'ter provided.

26, Land under agreement to which any person shall become n e v i ~ e c ,, per,,,,i

entitled as the devisee or personal reprcsentativc of any deceased holder

re~resentatlye.

in trust for any other person or persons, shall not be included in the maximum of one thousand acres, or three separate and detached blocks, rcfcrred to in the last precedin~ section: Provided that any person becoming so entitled shall, within three months from thr date of his becoming so entitled, give notice in writing thereof to the Cornrnis- sioner, and in default of such notice, shall not be entitled to select land so as to increase the total area to be held by him beyond one thousand acres: Provided also that when any such devisee or per- sonal representative, having already selected land up011 crcdit, shall take such lands for his own benefit, he shall be entitled to hold thc lands to which he shall so bccomc entitlcd 11s such devisee or per- sonal repreucntative, in addition to the land. theretofore selected by

him, although the aggcgate thereof may exceed one thousand acres,

but shall not thereafter be entitled to selevt land so as to exceed

such aggregate.

27. I n case any person holchg land mder agreement shall dcsire certain grants map

to transfer any portion of such land as a site for a school, church, bmade.

chapel, institute, or hospital, or for any othcr public or charitable

purpose, it shall be lawful for the Governor, at any time or from

portion not exceeding two acres of the said land so held by such time to time, at the request in writing of such person, to grant any

person to trustees for the purpose aforesaid, on payment to the

Treasurer of purchase-money for the portion of land so granted at the same rate per acre as the purchase-money of the whole land included in the said agreement; and horn and after such grant thc said agreement shall be read and constued as if such portion of land so granted had been expressly excepted from the operation of such agreement, and the same interest shall continue to be payable as if such grant had not bccn made, but credit shall be given on the psyment, or last payment of purchase-money, as the case may be, under such agreement for the sum paid for the purchase of the land so granted.

28. When more than one section or block of land is held b y Cm"ructionof agree- ment.

the same person under one or more than one agreement, the condi- tions as to improvements, ploughing, and cultivation shall be deemed to apply to such sections or blocks of land taken together unlerss any

PART	---	11-	two	.
or more of such sxtions or blocks of land are situated more than six miles apart, in wllicl~ case thc perforixancc of the said conditions shall not apply to any land situateii more than six miles from the land upon which such conditions are actually carried out: Provided that the performance of the residence condition on any one of such sections or blocks of land shall be cleemecl to apply to the whole of such sections or blocks of land wherever the same niay be situated.

Construction of	29. When any personi having entered into more agreements than one expiring at different dates, shall complete the purchase of the land included in any of such agreements, continued residencc upon the land so purchased shd1 be dccmed residence upon the land included in any other ngrccmttnt entered into during the currency of such agrcemcnt so completed; and when any person at the time
of entering into any agreement for the purchase of any land is re-
siding upon land immediately adjoining the land which he so agrees to purchase, the Con~missioner inay consent to resi2ence upon such first-mentioned land being deemed resiclencc upon the land agreed to be purchased.

Agreement may be 30. Upon application in writing by any pcrson for permission to

eunendered. surrender his agrcenieut, the Cornmissioner. if he is satisfied that such agreement was made Fo~zd j d e for the purpose of cultivation, and not in any way for thc purpose of infringing or evading the provisions of this ,4ct or any repealed Act, may allow such person, upon forleiting any moiiep paid bv him in resprct of such agreemcnt, to surrender such agreement, wl&h slj dl be forthwith cancelled, and thereupon the land mentioned in such agreement shall bc again declared, By notice in the Gouemmnt Gazette, open for sale upon credit, and such person sl~dll be cntitlcd to become a purchaser upon credit of any o t h r land in the same manner as if such agree- ment had not been made, but shall not be entitled to purchase again the land which he has thus surrendered.

Mineral barn may hc 31. In case any person holding land under a~recment shall desire

granted.	to obtain a mineral lcasc GP' any part thereof, rt shall be lawful fol. the Govcrnor to grant sue11 mincral lease to such person in the same manner in all rcspccts as if such land were Crown land. Froni and after such lease slvdl havc been granted: the said agreement shall be read and corlstrued as if t l~at portion of thr: said laird in rcspect of which such lease shall ham bccn granted, Bad been expressly cxccptd from the operation of such agreement, and a proportionate reduction shall be made in the amount of the interest	and purchase-money payable under such agreement.
Condition of oultiva.	32. Whew, by reasori of the timc of year at which any selection is madc, or the quality of tlic land selected, or any otllcr special circumstances, it s h d be shown to the satisfaction of the Commis- sioner that it would bc impossible to cornply with, or would inflict great hardship upon, the selector to enforce thc condition as to cultivation in his agreement, then, and upon being satisfied that the sclrctor has taken up thc land bond $de, and for the purpose
tion may be relaxed.

of

40° & 41" VICTORIIZ, No. 86. 15

P A ~ 11.

of cultivation, the Commissioner may, h y a written permission, so relax thc provision as to makc thc ploughiiig and cultivatioii of one-fifth of thc land cluring the first two vears a sufficient com- c, pliance with the conditions of the agreement in reference to cultiva- tion for that period: Provided t1ia.t no such permission shall be given unless the samc is applied for within tmclvc months from the date of the agreement.

33. Every holder of lancl under agrccmcnt, shall, within fourteen Purchasers to send in

days from the expiration of each of the first four years froin the date returns.

of his agreement, deliver at thc office of the Commissiolicr a return

containing all thc particulars mentioned in the Fifth Schedule

hereto; and tllc omission to clelivcr any such rctnrn shall rendcr

the land in respect of which such return should have been delivered

liable to forfeiture at the discretion of thc Commissioner; and the

wilfully making of any incompkte return, or. any Rtlse statement in

any such return, sl~all be a fraud undcr this Act; and the truth of

the statements in evcrv such return shall be cleelarccl before some

one of the persons auihoriecd by the 137th clause of this Act to

take declaratioils, and cvery snch 1.ctun1 shall hr deemed ;L declara-

tion within the meaning of thc said xcction: Yrorided that in case

of the temporaq ahseiict from the said Brovincc of any person

holding land under agrcem~nt where pcrsonal resicieizce is ciispensed

with, such cleclaration rmy h made by his attormy or agent.

(34. No conveyaace, transfer, or lease, or contract to convey, No transfer dlowed.

transfer, :assign, or 1cas:i any la~lrls hclcl iunclcr agrecmcnt, shall have any forcc or cffcct, until after tile same slrirll havo bccn approvcd by the Crmmissioncr; ancl tlnc Conunissioncr may approve of a transfer being madc to some person to t c ilanicil as transferee, OIL being satisfied that the land was talcell 1x13 bontl$ds for thc use and benefit of tlic tmnsferor, and not with the iutwtim of evading the conditions of the agrccmeat, and that the transferor is unable to

'	occupy such land, f rorn illness, phy hicd incapacity, or necessary absence from thi. S& Prorinrc, or ill casrs whrre a woman holding
lands under agrccmcnt shall marry, or on thc application of the per- sonal I-cprese&atiws, or devisee, of n decenscd purchaser's lancl, or
where it is satisfactorily shown that contir~uecl occuyation mill inflict a personal hardship upol~, or i, ~ thr occasion of great; loss to thr holder of any land under agreement; and that the pcrson named as transferee has agreed to purchase the interest of thc selector upon credit so desirous of transferring, and tli~rrupun the person so agrecing to purchase as aforesaid shall bc bound by all the conditions of the agreement, in the same manner as if' he hacl bcen the original pur- chaser upon credit: Provided also, that no such transfer shall be made so as to enable m y person to hold under agreement more than one thousalad acres, except as is provided by thc 26th clause of this Act: Providecl also, that no person, escept a persoil becoming entitled uncler clause 26 of this Act, who has transferred any land under agreement urldcr this clause shall be allowcd to pur- chase m y land upon credit until after the expiration of fivc years from the date of such transfer. 35, Any

Sr. 41' VICTORIB, No. 86. - --

Crown Lands Consolidation A c t. 1 8 7 7.

-- ---~-

PART rr.

- 35. Any condition contained or implied in any agreement, or formed or completed by the transferee, personal representatives, or devisccs~ of such person; and any person becoming entitled to any land under agrccrnent, as the transferee, personal representative, or devisee of any such deceased person, shall hold the same upon the same terms and under the same conditions as the transfkror or as such deccascd person, except'that it shall not be obligatory 011 such personal representativc or devisee to comply with the conditions requiring personal rcsidcnce.

Cbnditima may be	imposed on any person holding land under agreement, may be per-
performed by repre-
sentatives.
Sections may be
divided.	36. Any person having selected a section of land may, at any time before signing the agreement, apply to the Commissioner to cause the said section to Fe divided into two or more parts, and held under two or more agreexrrents by himself and any other person oz. persons, to be named by him and apprwed by thc Commissioner: Provided that such person shall, on so q~plying, pay the costs of
such division: Provided also that the Cornmissioncr may decline to
allow any such division.
Acceptance of over-

due purchase-money. for the payment of the whole or any instalments or balance of pur-	37. Whenever in this Act, or in any repealed Act, a time is fixed chase-money of land sold for cash or uycn credit, or interest thercon, such Act shall be construed as if the Commissioner weir: vested with the power in a11 cases where he considers it just and equitable to do so, of authorizing the receipt of such purchase-money or interest thercon aftcr thc same shall have become due, upon suck terms as to the payment of any penalty or otherwise, as the Commissioner may think fit to impose; and any action heretofore talcerr by the Governor, the Treasurer, or the Commissioner, in receiving or autho- rizing the receipt of any purchase-moneys, or interest, aftcr the date appointed for thc payment tliereof'respectively, is hereby declared to have been valicl.
land on terms of
who may not hold	38. No person under tlrc age of eighteen, nor married woman, except a married woman who has obtained a decree for judicial separation or a protection order, binding according to the'laws ill force in the said Province, shall be cntitled to hold, directly or otlxr- wise any land upon credit under this Act, ~mless such person or married woxnan shall becomc entitled to such lands as Lhe per- sonal represerrtativc or deviscc of any selector: Provided that should a woman holding lands upon credit subsequently marry, it shall be lawful for her to transfer the lands held bv her, but nothing herein contained shall be construed to mthorizc breach of the 35th clause of this Act.
credit.

&mds 01 insolvents	39. If	any person holding land under agreement shall be adju-
to be sold for benefit

of credkors. dicated insolvent, or shall assign his estate for thc benefit of his creditors, his interest in such land may, by the consent of the Corn- missioner, be offered for sale by the assignees of such insolvent

at

40" & 4 1 ~ 1 C ' l ' O R I B, No. 86.

Crown Lmds Comolidation Act.-1877.

--

at public auction, of which not less than fourtecn clays' notice has

PART 11.

been given by advertisement, and i t shall be lawful for any person to purchase the same, and such purchaser shall thereupon be sub- stituted for the person so bccoming insolvent, or assigning his estate as aforesaid, and shall have the same advantages and be under the same liabilities in all rcspccts in regnrd to such agreement and the land mentioned therein as the original holder of the land: Provided that no person shall bc entitled to purchasc as aforesaid, who would not be qualified under this Act to lmrchase such land upon crcdit, if such land mere open for sale upon crcdit: And provided that if such land shall not be so purchased with such consent as aforesaid within six calendar months after thc date at which the original holder of thc land shall have been adjudicated insolvent or assigned his estate as aforesaid, such agreement shall be void, and the land mentioned therein shall revert to the Crown.

40. Except under the 17th clausc of this Act, no person shall No agent to brxy in

purchasc any land upon credit as agent, servant, or trustec of or for another.

hie own name for

any other person, or enter into agreement to permit any other person to acquire, by purchase or ot'tierwise, any land under agreement; and every contract, agreement, security, ar bond which shall be entered into, made, or given with the intent of violating or evading any of the provisions of this Act, directly or indirectly, is hereby declared to be a fraud under this Act, and between all the parties thereto illegal and absolutely void at law and in equity.

41. The sum of money which shall be paid for improvements by Improvements.

any purchaser of any improved lahds upon credit shall be allowed to him in computing the amount required to be expended by such pxrchaser in improvements under the provisions of this Act.

42. The C'ommissioner or any person authorized by him in writing, Purchaser'on credit

may by summons, in tiic form of the Sixth Schedule hereto, or to the may be summoned+

like effect, require any holder of land under agreement to appear before

examined touching and concerning any land under agreement, and

such Commissioner, or before any two Justices of the Peace, to be

touching and concerning the compliance by him or by any other holder of land under agreement with, or the breach or violation by him or any other holder of land under agreement of, the pro- visions of this Act or any repealed Act, or the terms and conditions of any agreement; and if any such holder of land under agreement shall, without sufficient excuse to the satisfaction of the said Com- missioner, fail to attend to be exanlined in accordance with any such summons, or shall refusc to answcr any question relating to the premises, he shall forfeit and pay a penalty of not less than Twenty Pounds and not exceeding Onc Hundred Pounds; and if he shall refuse to answer any question relating to any land held by him under agreement, he shall, i11 addition to such penalty, fxfeit all land comprised in any such agreement, and all moneys paid in respect thereof, and such land shall revert to the Crown; and such agreement may be revoked and possession of the land mentioned

C therein

40' & 41' TTICTORIB, No, 86, ---- -

C m m Lands Co?zsolidc~tion A c t. 1 8 7 7.

- P a n ~ I=. therein may bc rouunled in manner provided by the 47th clause of this Act. The eviderice given by any person who shall bc cx- amined shall be redwed to writing by the person taking the same, and signed by the person examined, and when such evidence shall not be taken before the Commissioner, the same shall be forthwith forwarded to the Commissioner by the Justices of the Peace taking thc same.

Witnesses may be	43. If the Commissioner, or any person authorized by him in writing to examine witnesses, shall desire to examine any person other than a holder of land under agreement as a witness touching or concerning any land under agreement, or the holder thereof, or the breach of the provisions of this or any rcpmled Act, or the terms and conditions of any agreement, the Commissioner, or such. person so authorized by him may lay an information in the form in the Seventh Schedule hereto, or to the like effect, before any Justice
examined.
of the Peace, whereupon the Justices of the Peace may proceed to
r e q u b and enforce the attendance of any such witness, and may hear and examine hirn and enforce his giving evidence, and shall rcducc his evidence to writing in like mariner as upon information laid before n Justice of the Pcace for an indictable offencc; and the evidence given by such witness sa reduced to writing shall be forthwith forwarded to thc commissioner by the Justices of the Peace taking the same: Provided, that in the event of any person summoned under this and the preceding claue being found to have complied with the terms of his agreement, he shd2 be paid
the expenses of himself and witnesves in attending on the mid summons.
Eridence.	44. No person shall be protwted from answering. any questions which may be put to him under the last two precechng sections of this Act by reason only that his answer would subject him to fine or penalty by reason of any breach of or offence against this ,4ct or any repcaled Act; but no evidence given by him under the provisions hereof shall be used or receivable in any proceedings against him, except unuer this Act, and except upon an information for perjury in respect of such evidence; and any such person who shall wilfully make a false statement Fcfore the Conlmissioner or
any Justice of the Peace upon being examined under the pro- visions of this Act, shall be deemed guilty of perjury, and shall be liable to the penalties of perjury, and all land held by hirn under agreement, and all rnoileys paid by him on account thereof, shall be
absolutely f oi-feited.

Form of summons

45. Such sunmolls to witnesses may be in the form in the Eighth Schedule hereto, or to the like effect, or in the form and manner in which Justices of the Peace now proceed by law to enforce thc attendance of witnesses, at the option of the Justice of the Peace.

False declarationto

cause forfeiture.

46. If any person shall wilfully nlake any false statement in any

declmation made pursuaut to this Act he shall be guilty of a fraud

thereunder, and all land hcld by him under agreement, and

all

49" 8,: -11' VICTORTE, So. 86.

all money paid by him on account thereof, shall be absolutely	YART IT.	.-
forfeited.

47. The Commissioner on being mtisfied that any person holding ro certain eaaea

land under agreement has commttrd m y act rendering snch land ;	:Ft	;	:	:	:	may be
liable to forfeiture, or has bccn guilty of fraud undcr this ,3ct, or has violated, or failed to perforni any of the conclitions contained or implied in or by his agreement, may publish in the Govwtme?zt Guzcttc a notice in the form or to the effect of the Xinth Schedulc hereto, which noticc shall either bcfore or after its publication in the Gov~mrnerr t Gaeettc bc also served upon such person, or posted to his last known address, or the place of residence n~entioilcd in his agree- ment; and during the month followiilg the publication of tllc said notice it shall be latvfnl for thc said pcrson to furnish to the Com- miss ion~~ any documentary evidence which he shall consider expedient, such documentary evidcnce to consist of a, statement or state~ncnts in writing, signed by him, or any person desiring to tcstify to any facts on his I)ehalf, and declared to bc true bcforc some one of the persons authorized to take declarations under this Act that he has not committed any act renclering the land held by llim under agreement lialhe to forfeitw-e, or that hr hits not bern guilty of fraud under this Act, or has not milfullv violated or fade& to perform the conditions of his agrceincnt mentioned in the said notice (as to which the burthen of proof shall be upon such person); and if such person sl~all furnish no such eviclence, or if thc i?vidcnce
so furnished by him shall fail to prove to the satisfaction of the Com-
missioner that he has not cominittecl any act rendering the land held by him under agreement liablc to forfeitul-Y, or that he has nct bee11 guilty of fraud lxrider thi? Act, or has not wilfully violated or failed to perform thc conditions of his agree- ment as mentioned in the said notice, it shall be lawful foi the Commissioner at any time after the cspiration of the said month from the publictition of the said notice t u revoke the said ngrccmcat and resume possession of the land therein described; and thereupon	no claim at law or in equity under such agreement (except as	against the purchaser thereunder) shall be made, t~ntrrtaincrl. or en-
forced in any Court; but such purchaser s l d l be talrcn to have for- feited all right, title and interest undcr his agreement and all money paid thereunder, and to be, as to the l a d therein described. a mere trespasser; and the production of' a copy of thc Goziernme?rt Gazette containing a notice hv the ~ornmissibncr ol such rr:vcation and resumption shall be coi;clusive evidence that snch apcemeui has been lawfully revoked and that the land therein inentioned has been law- fully resumed.

48. No person whose agreement shall ke so revoked shall be en- NO purchase aftcl

titled or allowed to become the pnrcllaser of the silmc or any other land, upon credit under this Act for the space of five years from the date of such revocation, anything hereinbefore contained to the contrary notwithstanding: Provided always that whrn such re-

~ w i i t i o ~ l

shall hc or'cniioncti by fraud on the part of sncli prrsoa,

.he

40" & 41" VICTORIB, No. 86.

20 d

-- -

Crown Lands Consolidation Act.-1877.

. p

- -- - - - -

PART xr, he shall be debarred from again purchasing land on credit under

---

this Act.

(3.) Sale hy Private Contrmt and iy Auction.

Certain lands to be

open for sale. 49. Any Crown lands, not being town or suburban lands, which have heretofore been offered at auction and not sold, and which still remain unsold, ancl have not been withdrawn fronl sale, and any Crown lands which may be offcred for salc at auction under the provisions of this Act and not sold, and which shall still remain un- sold, and shall not have been withdrawn from sale, may be sold for cash or credit by private contract at prices not less than the respec- tive upset prices at which such lands have been respectively last offcrcd at auction.

Town, and suburban 50. Town and suburban lands shall be sold by auction for cash,

lands. and not upon crcdit or by private contract.

Certain country lands 51. Any country lands which have not heretofore been offered at

be for auction, and which shall have been open for sale upon credit under the provisions of any rcpcaled Act or of this Act for a period of one year, and shall remain unsold, and any reclaimed lands or improved lands which shall have been open for sale q o n credit, and shall have remained unsold for a like period, may h offcred for sale at auction for cash or on credit in the case of country lands, at an upset picc of One Pound per acrc, and in the case <if reclaimed lands or improved lands, at such an upset price, not being less than One Pourld per acre, as may Fe fixed by the Governor: Provided that no such country lands, reclaimed lands, or improvcd lands shall be offered for sale for cash or on credit until after a statement has been laid before Parliament for thirty days, showing the particulars of the lands pro- posed to be so offered for salc, and the pricc at which it is proposed to offer the same respectively.

Certain lande may 52. Any special country lots, and any portions of the Crown lands described in the Tcnth Schedule hereto, and any addition thereto made by Proclamation as hereinafter provided, may be sold by auction for cash or on credit.

''ld fors-caa Or

on credit.

upset price. 53. The Governcr may fix an upset price at which t o m and suburban lands, and spccial country lots, and tlle Criiwn lands described in the Tenth Schedule hereto, and any addition thereto made by Proclamation as hereinafter provided, may bc respectively offered at auction, and may from time to time raise and lower such upset prices: Provided always, that such upset prices shdl not be less in any case thm One Poulld per acre.

Lands to be gaeetted 54. No lands shall be offered at auction until after a statement

before auotion.	shewing the particulars of such lands, and the upset price at which
it is proposed to offer the same respectively, and the time and place
at which such auction will be holden, has been published for four
consecutive weeks in the Government Gazette.

55. Nothing

40" & 41" VICTORIB, No. 86. 21

Crown Lands Consolidation Act.-1 877.

-K-.

55. Nothing in this part of this Act shall prevent any Crown PART 11.

lands open for sale, not being town or suburban lands, being Lands to be always

sold upon terms of credit, under the foregoing provisions of this	open for eale on
Act, at any time prior to the day of sale by auction of such lands: Provided, that should the lands so offered for sale be not sold, thc said lands shall remain opcn for sale upon credit or sale by private contract for cash.

56. No Crown lands shall be sold for cash at pnblic auction purchass-moneyof

unless on condition of the purchaser paying at the ti~nc of sale, in lands.

ready cash, u, deposit of a t least Twenty Pounds per centum of the	.
purchase-money, and of paying the residue of such purchase-money within one calenclar nlonth next after the time of such sale by auction; and in case of the failure of such purchaser to pay the residue of such purchase-money within one calendar month, the deposit shall be forfeited. and ihe sale of thc said lands shall be null and void.

- PART ---P- 111.

PART 111.

LEASES wITII RIGHT OF PURCHASE.

57. Any country iands which haw beon hcretoforcl offered, or Land unsold for five years may be leased

shall, after the coming into operation of this Act, be offered for sale ,e

,ght ,,f pur-

by auction and not sold, and which shall have rc~mained unsold for chase.

a peliod of five years from the date or respuctive clates oil which the

same were so offered for K& may be offered in blocks of not more

than onc tllo~~sand two hundrcd'and cighty acres 011 lcase for ten

pars at an annual rental of not less than sixpence per acre, with

a right of pnrcllase at the expiration of the lease of the whole

of thc land compriscd thcrcin at thc price of One Pound per acrc.

523. Any portions of the ~ rovvn lands describe4 in the Tenth Certain lands may be

Schedule hereto, which shall have remained unsold for the space of one month after having been offercd for sale by auction under the pro-

ing two square miles in area for a term of twenty-one years at an visions of Part 11. of this Act, niay be leased in blocks not exceed-

amual rent of not less than Ten Shillings for every square mile

or part of a square milc, with a right of purchase by the lessee of the ~vholc of the land compriscd i11 such lcasc at any time during the last clcven ycars of thc term, at thc pricc of Onc Pound per aclc; and it shall be lawful for the Governor, by Proclamation, to be published in the Government Gazette, at any time to declare that any other surveyed Crown lands which shall have been offered at 'auction and remained open for sale by private contract for the space of one month shall be open for leasing in thc same manner as if they had been inclucled in the said schedule; and after one month shall have elapsed from the publication of such Proclamation, the Crown lands described thcrcin may be dcmisccl undcr thc provisions of this part of the Act: Provided that n list of such lands shall be laid before Parliament thirty days prior to the Proclamation thereof.

39. Whenever

22 40" & 41" VICTQR,I&, No. 86.

- -- +- -.--p - - - - - - -

Crown Latzds Consolidation A c t. 1 8 7 7.

PAET 111.

- 59. Whenever any portion of the Crown lands is to be leased

Leasl.s to be offerEd under the provisions hereof, the right to thc lease thereof shall be

at auction, offered for sale by public auction, and the person to whom such lease

shall be granted, shall be thc person who, at such auction, shall offer the highest sum for the yearly rent of the lands intended to be com- prised in such lease; and the time and place at which every such auction will be holden, and what lands are to be offered thereat, shall be declared with all practicable certainty by notice in the

Government Gazette, not less than one nor more than three calendar

months before the day of holding such auction.

Rent .

60. Every lease granted under the provisions of this part of the Act shall contain a covcnant by the lessee to pay the rent therein reserved yearly in advance, and also in the case of leases granted under the authority of the 58th clause hereof a covenant by the lessee every year to clear wood and timber from not less than one- fortieth part of the land demised until mc-half df the same is rendered available for agricultural purposes as far as the nature of the land will permit, and every lcasc granted under the authority of this part of this Act shall contain a proviso for forfeiture in case of breach or non-observance of any of thc covenants contained in such lease.

Whereleasenot sold.	61. Whenever the right to the lease of any portion of the Crown lands has been offered for sale by public auction under this part of the Act, and no person has offered such a sum for the yearly rent of such lands as herein is provided, or where the purchnscr at such sale by auction afterwards refuses to ascept such lease, it shall be lawful for the Governor to grant a lease of such lands, so offered as aforesaid, or comprised in such lease so forfeited, to any person apply-
ing for the same without again offering such lease for sale by public
auction: Provided that no such lease shall be so granted for any lees rent than was offered for the same at public auction without the right to such lease being again offexed at auction; and provided that the Governor mdy, if he shall think fit, cause the right to any such lcasc, or the right to the lease of any portion of the lands comprised therein, to be again offered for sale by public auction, notwithstanding
any applica.tion which may bc made for the same, as hereinafter mentioned,
No person to hold

more than 3,200 acres, own name or in the name of any other person for or on his behalf, or 62. No person shall. be entitled to hold or shall hold, either in his be capable or competent to have m y interest whatever in more than three thousand two hundred acres of land, leased pursuant to this part of this Act; if any person shall so hold or have any interest in any such laud in excess of the quantity hereby lin~itcd, all leases of land so held by him or on his behalf, or in which he has any interest, shall be forfeited; and no person who shall have forfeited any lease &all afterwards be entitled to become the lessee of the Crown lands therein comprised.

40" & 41" VICTORIX, No. 86. 23

Crown Lands Consolidation A c t. 1 8 7 7.

-- - - -. - -- -

63. No lessee, to whom a lease of any portion of the Crown lands shall hereafter be granted under this part of the Act, shall, by virtue Lesset: not entitled to PART 111-

of such lease, be entitled to any rights of commonage, or to depastunt commonage.

any cattle or sheep on the Crown lands within any hundred.

PARI: IV. PART IV.

LEASES AND IJCENCES FOR PASTORAL PURPOSES.

64. The Governor may dernisc, for pastoral purposes, any ~ortion of thc Crown lands not included in any hundrcd, and not subject be grantecl.	Pastoral leases may]
l o any lease for pastoral purposes, for any term not exceeding
twcnty-one years, and at the expiration of such term, thc land so demised, and a11 improvements tilereon, shall revert absolutely to Her Xajesty, Her heirs and successors: Provided tlrut the Governor, after having given t~vclvc months' notice in the Goverrment Gazette, published on or next after thc 1st day of January, the 1st day of April, the 1st day of July, or the 1st day of October in any year, shall hztvc full power, at any time during the currency of any lease for pastoral purposes, granted under the authority of this Act, to resume posses- sion of thc whole or any part of the land so demised, should the same. be required for salc, or any other purpose which the Governor may approve: And provided also, that it shall be lawful for the Governor to refuse to grant any such lease in any case where it shall appear to him inexpedient to do so: Provideci that not less than three years' notice shall be given before possession is resumed of the lands held
on lease situate northward of the line described in the Eleventh
Schedule hereto.

65. Any person who being the lessee, or h &vinf; a preferential when ~ c t required, lease under notice this to

claim to a lease of any Crown lands for pirstoral purposes not within b, gii,d for pastoral purposes under this Act, shall give notice in writing to

the limits comprised in the First and Second 8chedules of Act No.

17 of 1869-70, and not comp~ised in Districts -4 or B, dcfincd in the

the Commissioner, within twclw months from the coming into opera-	tion of this Act, of l i s desire to surrcnder his present lease, or prc-
ferential claim, and to obtain a lease under this Act in lieu thereof, which notice, if by a lessee, may bc il; thc form, or to the effect following, that is to say -

To the Commissioner of Crown Lands and Immigration.

Sir-I, 7 of , being thc lesscc d that portion

of the Crown Lands included in lcasc numbered 7 do hereby give you notice that it is my dcsire to surrender such lease, and obtain a lease under the Crown Lands Can-

.

solidation Act in lieu thereof,

Dated this day of , 18

And if such notice shall be given by any person having a preferential claim to a lease, the form thereof may be altered to suit the case,

24 ,, 40" & 41" VICTORIZ, No. 86.

PART IT. 66. On receipt of such notice by the Comrnissioncr, it shall be

N~~ lease may be lawful for thc Governor to accept a surrender of the lands included

granted.

in the lease or claim mentioned in such notice, and to demise such lands to the lessee or person giving such notice, for the unexpired portion of the term comprised in the lease so surrendered, or for the term to which the person giving such notice is cntitled under any preferential claim so surrendered, and every lease granted under the authority of this clause shall be at the same rent, and upon the same terms and conditions in all respects, as other leases for pastoral pup poses granted under the authority of this Act.

Rent,

67. The yearly rent to be reserved in every lease of land demised for pastoral purposes under the provisions of this part of the Act, shall be a, sum equivalent to Twopence per head on the average number of sheep: and One Shilling pm. head 011 the average number of cattle actually depasturing on the lands included in the leasc, such average number to be computed as hereinafter provided; but in no case sllall such yearly rent be less than the sum of Two Shillings and Sixpence

for each square mile of l a d so ckmised.

Rent, how computed+

68. Every such leasc shall compute from the first day of January or the first day of July in any year, and. the rcnt rcscrved thereby

shall be payable half-yearly in the follov ing manner, that is to say-

the rent for the half-year ending bn the thirtieth clay of June and

the thirty-first day of December respectively in each year

during the term granted by such lease shall be paid on 01- before the

next succeeding thirty-first day of July and thirty-first day of January

respectively. And for the 'pur;~ose of ascertaining the average

number of sheep and cattle actually depast-ning on the land included

in any such lease, and for fixjrlg the amount to be paid, on such

respective days every lessee of any of thc land incl~ded in any such

lease, or in the event of the absence of any such lcssee, then the over-

of stock. seer or other person having the care ancl management of such land

shall, on or before the tmc~ity-first day of June in each year during the

form contained in the Twelfth Schedule hereto, of thc number of	of the Commissioner, in Adelaide, a statcment or return, in the	said term, fill up and deliver at, or forward by post to, the office
all sheep and cattle, whether belonging to such lessee or not., which, at the hour of noon on the first day of Fc-Sruary, on the first day of April, and on the first clay of June then last past, were, with the consent of such lessee or overseer, or other person as aforesaid, actually upon or deyasturing on such land; and such lessec, over- seer, or othcr person as aforesaid shall also, on or before the twenty- first day of December in each year during the said term, fill up and deliver at, or forward by post to, the office of the Commissioner, in Adelaide, a like statement or return, in the form also contained in the said Twelfth Schedule hereto, of the number of all shccp

.	and cattle as afo~esaitl, whether belonging to such lessee or not,
which, at the hour of noon on the first day of August, and on the .

first day of October, and on ihe first day of Dccember then last

past, were, with the consent of such lessee or overseer, or other

person

40" & 41" VICTORIB, No. 86.

Crown Lands Consolidation Act.---l 87 7.

pcrson as aforesaid, actually upon or depasturing on such land as - - PART

~ v.

aforesaid; and such statement or return, to be forwarded in December as aforesaid, shall also contain a statement of the total number of sheep actually shorn on such land, or removed from such land for the purpose of being shorn at the shearing then last past, and the rent to be paid as aforesaid on the thirty-first day of July and thc thirty- first day of January respectively, shall be calculatcd on the average number of shccp and cattle which, with the consent of such lessee, over- seer, or other pcrson as aforesaid, were actually upon or depasturing on such land on the dates mentioned in such statement or return, and next preceding such thirtieth day of June or thirty-first day of December, as the case may be. All lambs shall be considered six months old in December and returned as such. If there shall be no sheep or cattle upon or dcprtsturing on the land included in any such lcase, upon such dates preceding the said thirtieth day of June or the thirty-first day of December, a statement to that efkct shall be made and delivered, or forwarded, in manner and at the dates aforesaid.

case of the abserlce of any such lessee, then the overscer or other rrtock. 69. Every lessee of any lands included in any such lease, or in Roturn of travellin~

pcrson having thc care and ~nanagemcnt of the lands iilcluclcd in any

such lcase, shall within twenty clays from the first day of February, April, June, August, October, and December, in each year, fill up and forward to the Commissioner of Crown Lands, through the medium of the General Post Office, a statement or return in the form in the Thirteenth Schedule hereto, of thr number of all shcep and cattle, not being thc property of such lcsscc, or depasturing on such lands with his consent, which, on tllc first day of the afore- said months, were actually upon or depasturirg on the land including in such lease; and such return shall also give the names and addresses of the owners, and of the persons in charge thereof, so far as such can be ascertained; and such staternt~ut or return shall be signcd by the lessee, overseer, or other person making thc

same, and shall be certified by him to be correct in all p~rticulars.

And such returns shall be inrtdc in all cases, notwithstanding that no

sheep or cattle may be dcpasturing as aforesaid.

70. In addition to the return required to be forwarded by the last Lessees to make rcturu of their own

preceding section, every lessee, overseer, or other person as afomsaid, ,ra,,ai,g	swrk.
shall, on or before the twenty-first day of June and thc twenty-first day of December in each year, fill up and forward in thc like manner as is prescribed in reference to the returns requited to be forwarded by the said section a statement or return in the form in the Fourteenth Schedule hereto, of all sheep and cattle the property
of such lessee which, within the six rnmths next preceding the date
of such return shall have been travelling over any of the Crown lands whether held under lcasc or not (except such lands as are leascd to the said lessee), giving the brands, or bthcr marks of such sheep or

cattle, and the name of the person in charge thereof, and such return

shall also state where to the best of	the knowledge of such lessee,
OV~TSOPI-, o r other persdn, SLIC~I sh~ep	or cattle czctu;dly wprr on tho

r) first

40" & 41' VICTORIX, No. 86.

Crown Lands Conr~olidation Act.--187'7.

first day of the months of February, April, and June, or August, Octobcr, and I)cccmber, as the case may bc, ncxt preceding the date of such statement or return, which shall be signed by the lessee, overseer, or other person making the same, and shall be certified by

him to be correct in a11 particulars.

One return for con-

tiguous lands.	71. In cases where contiguous lands included in more lczlscs than one, are occupied or used together as one run, thc statements or returns by this Act required, may bc made in thc smnc manner, as if the wholc of such lands mere included in one lease.
return.
Penalty for falst?	72. Every statement or return under the 68.111, 69th, 70th, or 71 st clauses of this Act, shall be signed by the lessee: overseer, or other person rrmking the same, and shall be certified by hi,n to be correct in all particulars; and if any such lessee, overseer, or other person, shall wilfully makc, sign, deliver, or forward any false statement, or return nnder any of such clauses, or shall make or practise any fraudulent contrivance or device whatever, with intent thereby to conceal or misrepresent the number of sheep or cattle actually upon or depasturing on any land demised under t5is part of this Act, at thc respective dates mentioned in such statement or return, such lessw, overseer, or other person so offending, sEd11, for every such offence, fbrfeit and pay a sum of not less than Fifty Pounds, nor more than
Two Hundred Pounds, or in default of payment hc imprisoned in
any gaol in the said Province, for a period of not less than six months, nor more than two years, and t,he iease of any land, in respect of which such false statement or return is made, may be declared to bc forfeited as hereinafter mentioned, And it shall be lawful for the Commissioner or any pcrson acting under his authority, to cntcr upon any Crown lands, whether lcawd or not, m d count thc shccp and cattle belonging to any lcsscc or other person directed to make any return as aforesaid, and for such purpow, it shall bc lawful for the Commissioner or any person acting under his authority, to place such sheep or cattle in yards or paddocks for the purpose of counting the
same with greater facilitj.

Ownera of travelling	73. The Cornrnissioi~er	shall forthwith formrd a copy of thc rc-
stock being lessees

to make payment.	turns made in pursuance of the 69th elwsc of this Act &"the owners
of any shccp or cattlc thcrein nicntioncd; and if such owner shall bc
thc holder of any leasc under this Act, or of any lmac for pastoral purposes under any other Act, the Commissioner shall notify to such owner that he is liable, and he shall be liable accordingly, to pay in addition to any rent payable under any leave or leases held by him, a sum equivalent to One Penny for every head of sheep, and Sixpence for every head of cattle included in any such return, and therein stated to belong to him; and if any such owner shall neglect or refuse to pay the amount so notified to be due by him in respect of such sheep or cattle at the timp when the rent payable under any lease held by him next becomes due, he shall be liable to the like penalties and to have all leases held by him forfeited in likc manner as if he had made default in the -pay&nt of rent under any of such leases as hcreinaf tcr provided. 74. Thc

40" St: 41" VICTORTB, No. 86'. 27

74. The owncr of all shccp or cattle indudcd ill any rcturn made in

iritiluled "An Act for an assessment on Suck
and for othw purposes ther~ in	nrentinned."

16 of 1 8 6 5 4 An Act to arncnd the laws relatmg to the Leasing of the Wastc Land8 of the Crowr

within the Province of Pouth Australia, for l'astcral Purposes.

21 of 1867 An Act to amend the Lawa relating to thc Leasing for pastoral purposes, of certair

Waate Lands of the Cmwn in the Province of South Australia, and for othe~ purposrs.

13 of 1868-9	An Act to amenli " The Waste Lands Amendment Act, 1861."
11 of 1872	An Act to nmend " The Waste Lands Amenament Act, 1867."
17 of 1869-70	An Act to amend t h Laws ~clating to the Leasing for Pastoral Purposes, of catair

of the Waste Lmds of the Crowa in the Pro~xnce	of South Austraiia. and foi
other purposes

24 of 1872 An Act to enable the holders of certain pastoral Leases to come under the provision

ot the '' Wn~:c L G ~ B Anienrfmcnt and Procedure Act, 1869-70."

6 of 1861 An Act to declare the powers of the Covt:rnor with reference to constitutini

Counties and IIundredir.

23 of 1667

An Act to repeal " The Mincral Leases Act, 1862," and to make other provision

for the lcasing and occupation of tho Waste Lands of the Crown in the Provinc

of Soubh Aubtralia f i r ~llinvrd purposes.

l 7 of 1873- 71 An Act to autho~ixe the Leasing and Alienadon of rertnin of the Waste Land80

the Crown on the Nurray Fiats, in the Province of Boulh Austxcl:n.

31 of 1872 An Act to authorize the Granting of Miscsllancous Leases of the Waate Lands o

Crown, and f j l othc, purposes.

3 of 1872 A n Aet to rcgulate the Salc of Land in the Agricultural Areas of Mount Nuirhea~

and Mayurra.

18 of 1872	An Act to regulate the Alienation and Sale of the Waste Lands of the Crown.
20 of 1872	An Act to regrilate the Sale of certain Townahip and Suburban Lands, and fo

other purposes.

21 of 1873	An Act to amend Section Xightcen of "The Waste 1; nnds Alienation Act, 1872.'
22 of 1874	An Act to Amcnd " Tha Waste Lands Alienation Act, 1872."
21 of 1866-7	An Ar:t to authorize the granting of Leases ~ i t h right of purchase, sf certai

Waste Lands of thc Crown in South Australix.

2 of 1867 25 of 1870-71	Au Act to amend "The Scrub Lands Act, 1866."
An Act to oxtend the p~ovis~ons oi "'rho Smub Lands Ant, 1866."

17 of 1875 An Act to rwivc ce~tuin Eauclments relating to Scrub Lands.

55 of 1876. An Act to validnto certain Leases of the Waste Lands of the Crowa and for othe

purpoues.

SECOND

40" Sc 41' TTICTORIB, No. 86.

-.

Crown Lun& Consolidatio,z Act,--1877.

--v - -- - -- - --

SECOND SCIIEDULE.

Form of Recekt do). putjnzent i n uduance of jrst instulrnent of interest on purciruse-

money.

Received this day from the sum of

being three years' intercst in advance upon the purchase-money for Section No.

in the Hundred of County of and containing acres Clawe 16.

of land [ I f the W~eipt is JOY improved Zmads, add-and also the sum of

being the amount paid for the value of Lhe improvements on such land] and the said

is t o enter into an agreement within twenty-one days

from the date of t,his receipt, in accordance with the Crown Lands Convolitlation Act.

Dated this	day of	, l 8	.
A.B.

[Treasurer or officer appointed by him.]

T I I I R D SCHEDULIC.

r"or7n. of	Agreenw,tt of	#ale and P z m h a s e 011	C'r-edit.
No.

M E M O E A N U U ~ ~ of agreement made the day of , betwcen

tbe Commissioner of Crown Lands and Immigraiion of the Province of South

Austraha, hereinafter called the xendor of the one part, and	Clauaa 19.
of hereinafter called the purchaser of the other part, whcrcby it is agreed bctwcen the parties hereto, that the vendor shall sell, and the purchaser shall purchase, all that piece of l a~ ld, being in

fee simple at the price of £	, to be p i t 1 in the manner provided by
the Crown Lands Consolirtation Act.

I t is also agrecd by the said pu t ies as follows, that is to say-

1. The purchaser hhdl and will takc pos,rcssion of the said land within three

months from the date hereof, and, after the f m t six months tberefrom, shall continue to reside [or, En cases o f mbsiitut~rl ~esirlenca, keep a male subetitute over eighteen years of age continually rcaidicp] on the same during nine lconths out of every twelve months thereafter, until the payment of the last instalment of the purchase- money.

2. The purchaser shall and will make substantial improvenisnts upon the said land before the end of the second year, to the extent o l five silil1rn;;s per acre; before the end of the thircl yt.ar, to thc extent of wvrn shillings and sihpence per acre; before the end of the fourth year, to the extent of t e n ~ h i l h n g s per acre; such improvements

to consist of all or any of the following, that is to say-erecting a dwelling-house or

fdrm buildings, sinking \cells, constructing water tanks or reservoirs, putting up

fencing, draining, and clearing and grubbing the said land.

3. No fence shall be deemed to be D fence within the meaning of this agreement unless the Rame shall be a wire fence, or co~~ut rac ted of post.; and rail$, or wires, or

of stone, or 0 t h ~ ~	substant,al material, and ordinarily capable of resisting the trespass
of great cattle.

4. Any person, authorized hy the vendor, may a t all reasonable times, enter upon the said land, to view the said lands, and any improvements thexeon.

5. The purchaser shall and will, during the first year, plough and have under cul-

tivation at least one-tenth of such land, arid during cach and cvery subsequent year, lIntil the whole of the purchase-money has been paid, plough and h a w under cultiva- tion a t least one-fifth of such land. But if the purchaser shall be desirous of engaging in the cultivation of osiers, olives, mulberrits, vines, apples, pears, oranges, fige, almonds, potatoes, onions, beetroot, mangold-wu1tzr.1, or hops, or other ~ u c h

plants t he Governor in Council may at any time define by Procldmation in the Gouernment Gazelle, the planting and cultivating iu a huubandl~ke manner of one acre of land with any of thc above trees or plimts shall, for all purposes of this agreement, be deemed to he equivalent to the cultivation of six awes of euch land aa Ilereinbefore defined: Provided that such cujtivalion be ?ran& j d e continued and kq' t u p to the wtisfaction of the Commissioner until full payment uf the purchase-

money, but not otherwise. 6. ' rh~

40" & 41" VICTORIX, No. 86.

Crown Lands Co7zso2idation Act.-l 877.

6. The purchascr shall and will send in to the vendor true returns, as provided by the Crown Lands Consolidation Act.

7. All improvements, ploughing, and cultivation, made by the purchaser, shall be

subject to the valuation or inspection, as the case may be, of such officer as the vendor may appoint for that purpose, whose valuation shall be conclusive, acd bind- ing on the parties hereto.

8. The purchaser shall and will pay interest on the purchase-money, and pay the amount of such purchase-money on thc days and at the times on and at which the same respectively shall become due and payable, as provided by the Crown Lands Consolidation Act.

9. The purchaser shall and will not at any time, until he has paid the whole of his purchase-money, assign, transfer, or make over the said lands, or his rights under this agreement, nor shall he attempt so to do, nor shall he grant any lease or other tenancy of or over the said land, unless and until he has obtained the consent of the vendor

for that purpose.

10. This agreement is made subject to the provisions of the Crown Lands Con- solidation Act, and of any regulations made or to be made thereunder, and any such regulations which may hereafter be made shall be equally binding and obligatorr oil the parties hereto, as if this agreement had been made subject thereto.

11. Upon breach of any of the foregoing conditions, or upon the publication of a notice in the Gazette that the Qovernor has revoked tbis agreement, or if the purchaser shall do any act declared by the Crown Lands Consolidation Act to be a fraud thereunder, then, ir, either of such cases, the purchaser shall forfeit all benefit under this agreement, and shall deliver u p to the vendor, or whomsoever he may appoint, the said lands and all improvements thereon; and this agreement shall become void, and the purchaser may be dealt with unrier the Crown Lands Consolida- tion Act as a person in unauthorized occupation of such land^.

I n witness, &c.

f 8iynaluresj	: Vendor (L.s.).
, Pur:ha~er (L.s.).

FOURTH SCHEDULE.

Clause 5. 1, 9 of , i n the Province of South Australia, do hereby

declhre my intention to actually and bond $de cultivate the Section , in the

Hundred of County of , this day, purchased by me upon credit,

and I make the said purchase solely and entirely for my own use and benefit: And I do hereby solemnly and sincerely declare that no other person is interested with

make this n;y solemn declaration conscientiouely believing the same to be true. me, either directly or indirectly, in the purchase of such land as aforesaid: rind I A.B.

Declared at , in the Province of South Australia, this day

of , 15 , before me. C.D.

[To be written or prkterl at the foot of every dec1amlio~~-NOTE.-~~ any of the

statements contained iu the above declaration are untrue, tht: person making the

same will be liable to the penalties of wilful and cqrrupt perjury.

F I F T I I SCHEDULE.

Return rendered in conformity with the Ci.otofi Lands Consolidatron Act, showing the

Nature, Extent, and Vahe of all Irny~rozements and Cultiratioa made daring

the ycar ending	18 , upon Land ptnchased on Credzt and	,
length of residence thereon.

Name of Purchaser

Hundred or Area i n which the Land is situated.

40' & 41" VICrL'OIZIrE, No. 86.

Crown Lands Cmsolidatz'on Act.--1877.

Nos. of Sections. Clause 33.

Nature and Extent of Improvements. Value.

BUILDINGS.

(State whether dwellings or farm buildings, and give the dimen- sions of the buildings, and ma- terials of which they are con-

struotcd.) \

FENCES.

(State the kind of fcnce put up,

and the length.) 1

WELLS,'-TANKS, OR RESERVOIRS.

(Give description and measurement.)

DRAINING, CLEARIKG, OR. GRUBBING.

(Gim deecription of timbcr and area clcarod.)

Total... . . . . .. ,. . . ..

Quantity of land under cultivation, and nature of such cul~ivation.

Length of time that the selector has resided on the land during the year [if such

selector is not personally residing on the land, state the Christian and surname of the

person who has been residing thcreon, and the time he has so resided].

1, the undersigned, being the purchaser upon credit, or" the sections above

described, hereby declare that the above is a true and correct statement according to

the best of my knowledge and belief.

Signature

Dated the	day of	,	18
Witness-

SIXTH SCHEDULE.

South [Royal Arms. J Aus tralia.

Clause 42.

Crown Lands Department-Summon: to Purchasers upon Credit.

To Mr.

You are hereby commanded that, laying aside all and singular busincss and excuses, you be and appear in your proper person before

at, on the day of at

the hour of' o'clock in the noon of the same day, and so from day to day, until discharged, to testify all and singular those things which you lmow touching or concerning the acts, rights, duties, and obligations of A,B., a purchaser of upon credit of land situate at: And you are also commanded to bring with you and produce to the said

all documentnrg evidence i n your custody, possession, or	control relating to the said
land, or to the said A.B. in relation thereto.

Dated this day of one thousanci eight hundred

and

C. D., C'ommissioner of Crown Lands and Immigration [or E.F., authorized in writing by the Commissioner of Crown Lands and Immigralion.]

SEVE,h;'l'lI

Crown Lands Consolicl'ntio~z Act,-1877.

SEVENTH SCHEDULE.

I?tfbrmaliolz t3y9 on, or behalf of the Commissioner of Crown Lands and Immigration

in aid oJ' an examination of witnesses in respect of Land under agreement.

South [Royal Arms,] Australia.

The infoxmation and complaint of , Commissioner

of Crown Lands and Immigration [or of of in the said Province, authorized by the Commissioner of Crown Lands and Immigration in writing to examine witnesses] taken this day of in the year of our Lord one thonsand eight hundred and before

the undersigned, one of Her Majesty's Justices of the Peace in and for the Frovince

of South Australia, saith that this informant is de~irous of examining witnesses in

respect of the acts, rights, duties, and obligations of A.B., of in the said

Province, a purchaser upon credit of land situate at in respect of the said land, and prayeth that the said Justice will proceed to uummon witnesses accordingly, and therein proceed in the premises according to law.

Taken before me the day and year first above-mentioned at in the said

Province.

EIGHTH SCHEDULE.

Crown Lands D~parlnzet~l.-Summons

to NGiness in respect of Lands purciiosed upon

credit.

South [Royal Arms.1 Australia.

To , of , in the Province of South Austraiia,

Clause 45. Whereas information has been laid by t31e Commissioner of Crown Lands and

Immigration [or hy , a persm authorized in writing, by the Cammis-

ione er of Crown Lands and Immigration to examine witnesses] before the under-

signed, one of Her Majesty's Justices cf the Peace in and for the eaid Province, setting forth that the informant is desirous of examining witnesses in respect of'the purchaser upon credit oi land situate st; , in respect of the said land, and praying that I, the undersigned, wodd proceed to summon witnesses accordingly, and proceed therein according to law: These are therefore to require you to be and

appear on the day of , 18 , at eleven o'clock in the

forenoon, at the, before such Justice of the Peace foi the said Province as niay then be there, to testify whwt you know concerning the matters referred to in the said information.

Given under my hand and ,seal this day of , in the ]ear of our

Lord one thousand eight hundred and , a t Adelaide, in the Province aforesaid.

C.D., Justice of the Peace.

NINTH SCHEDULE.

Xotice of Intention to Revoke Agreement for the Purchase of Land on Credit.

To of the purchaser of

Clause 46.

Section No. situate in under an Agreement under the "Crown Lands Consolidation Act," tor as the case may be]

dated the day of 18 .

Take notice, that it has been shown, to the ~atisfaction of the Commissioner of Crown Lands, that you, the above-named , have /been guilty

of an act rendering jour land under agreement liable to forfeiturej or [been guilty	.
of fraud under the said Act], or [have viclated, or failed to perform, some of the conditions of the above-mentioned agreement], ina~mucil as you have tor have not] within the terms and meaning of such agreement, and of the said Act, and the

regulations

40' & 41" VICTORIAE, No. 86. 5 1

--W - L -- -- " -----A---p -~

Crozun Lands Consolidotion A c t. 1 8 7 7.

rewulations in that behalf duly made [state nature of the act, frctud, or breach o f cou-

ditions complained o f : And further take notice, that during the month following the publication hereof in the Gazette, you are at liberty to furnish to the Commissioner of Crown Lands any documentary evidence that [you have not been guilty of such act), or that you have not been guilty of the fraud under the said Act above

mentioned '1, or Lthat you have not violated, or failed to perform the contlit,ions

of your agreement as abore n~entioced'], as to which the onus of proof is upon

you: And further take notice, that if you furnish no such evidence, or if the evidence furnished by you fails to prove to the satisfaction of EIis Excellency the Governor by and with the advice and consent of the Executive Council, that you have not [been guilty of such act], or [been guilty of the above-mentioned fraud under this Act], o r biolated, or faded to perform, the above-mentioned conditions of your agreement], it will bc lawfnl for His Excellency, by and with the advice and consent aforesaid, to revoke the ciaitl agreement, and resume the lands therein described, after the expiration of one month from the publication hereof in the said Gazette.

Dated this day of 18 .

Comrni.srioner of Crown Lands.

TENTH SCHEDULE.

I. All that piece of land bounded by a line commencing a t n. point on t t e eastern boundary of the Hundred of Baldkhva, about one m119 sonth of Seclion No. 9, and Ualdcl"fi	Hundred of
running thence true west for a distance of about twelve miles sixty chains; thence
about south 3 i0 30' east for a b u t six miles thirty-two chains, to the north-e,rstet n corner
of Annual Lease No. 110; thence erlst for about two arid a half miles to t he eastern	Clauses 52, 53, 68
boundary of the Hundred of Inkcrrnan; thence north, by thc s ~ i d Hundred bouurlnry, for iibout one mile fifty-six chains; thence east to thc eas txn boundary c f th r Hundred of Halaltlava; thence north, by the said Hundrcd boundary. to the point of commencement.

2. A11 that piece of land bounded by a line commencing at E. point on thc north Briokley,

boundary of tha Hundred of Rrinklcy, a b m t one mile west of Section No. 10'30, and runcing thence westerly by north boundary of said IIundrcd, to its north-west corner; thence in a north-westerly direction, by the north bonntlary of the IIurlilrcd cf Freeling, to the Bremer Trigonometrical Station; thence south for about six mtlcs cight chains; thence east for about twelve miles fiftj-six chains; thence north for about five miles, to the point ot commencement.

3. All that piecc of ldnd bounded by a line commencing at a point on the eastern Monartc.

boandary of the Hundred of Monarto, about nine miles north of its south-er-st corner;

thence running west for two miles sixteen chains; thence south to intersect the south

boundary 9f the Hundred of-Monarto; thence easterly, by the south boundary of said Hundred, to its south-east corner; thence north, bj- the eastern boundary of the said Hundred, to the point of commencement.

4. All that piecc of land bounded by a line commencing at the south-western corner Fisher.

of the Hundred of Fisher, and running thence easterly by the south boundary of thc said Hundred, a distance of about two miles eight chains; thence north about three miles twenty-six chains; thence west for about two m;les twelve chains, to the boundary between the Hundred of Fisher andBagot; thcnce norlh by the saidHundred boundary, for about five miles twelve chains; thence south 80' 35' west for about one mile fifty- four chains; thence about south 1" 0' west, to a point on the south bqundary of the Hundred of Bagot, about one milc sixty-two chains west of its south-west corner; thence easterly, by the south boundary of the said Hundrcd, in the south-western corner of the Hundrcd of Fisher, to the point of commencement.

5. All that piece of land bounded by a line commencing a t the south-eastern corner of the Hundred of Angas, and running thence true east for n distance of five miles twentyeight chains; thence about north 9' 20' west for four miles thirty-six chains, to a point about one mile south of North Rhine River; thence in a north-westerly and westerly direction, following the bends of the said river a t a distancr of one mile ~ o ~ t h, u~iti l it intersects the ~,trter11 boundary of Lot 141; thence houth to a point 4nga5.

on

Crown Lands Consolidatio?~ A c t. 1 8 7 7.

on the south boundary of the Hundred of Angas, about three miles 13.36 chains west of its ~outh-eastern corner; t h ~ n c e earterly, to the south-eastern corner or said Hul:dred, the point of commencerncnt.

All that piece of land bounded by aline commencing at the south-eastern coruer of the Hunclred of Younghnstand, and running thence north by the eastern boundary of the said Hundred for a d i ~ t a n c e of about one mile to its intersection with the south boundary of Annual Lease No. 16; thence in a westerly and south-westerly direc- tion by the south and east boundaties of Leases No, 16 and 1 1 to intersect the south boundary of the Hundred of Younghusband; thence easterly by the south boundary of said Hundred to its south-eastern corner, the point of commencement.

6.

Runarea of young-

hmhand.

Burdett.

7. All that plecr? of land bounded by a line commencing at the south-eastern corner of the Hundred of Burdett, and running thence west by south boundary of the said Hundred for a distance of four miles; thence north for about two miles forty-six chains to intersect the south boundary of Annual Idease No. 49; thence about north 70" east fur two miles four chains; thence about north 28" 15' nes t for three miles thirty chains to the south angle of Annual Lease No. 11; thence i n a north-easterly and northerly direction by the eastern boundary of said lease until i t intersects the north boundary of the Hundred of Burdett; thence easterly bp the north boundary of the Hnndred of Burdett; thence south by the eastern boundary of the said Hun- dred, to its south-eastern corner, to the point of commencement.

Bonney.

8. All that piece of land bounded by a line commencing a t the south-eastern corner of the Hundred of Bonney, and running thence north for about eight and three-quarter milea; thence about south 44" 20' west to intersect the south boundary of the said Hundred a t a point about eight and a-half miles vest of it8 south-east corner; thence east by the south boundary of the said Hundred to its south-eastern corner, the point of commencement.

Stuart. 9.

All that piece of land bounded by a line commencing a t the north-eastern corner of the Hundred of Stuart, and running thence south by the eastern boundary of the said Hundred to its intersection with the north boundary of b n n u d Lease No. 48; thence west for n distance of about one mile t a intersect the north-eaetern boundary of Annual Lease No. 18; thence about nczth 33" 15' west by the nor&-eastern boundary of the said lease to its intersectio~l with thc north boundary of the Hundred. of Stuart; thence easterly by the north boundary of the said Hundred to its north- eaetern corner, the point of commencerncnt.

Cooper.	10. All that piece of land bounded by aline commencing at the south-eastern corner of the Hundred of Cooper, and running thence north by the eastern boundary of said Hundred for a distance of about one mile thirty-two chains to its intersection with Annual Lease No. 1 7; thence south 7th' 0' west for about three miles; thence about south 3" 30' west for two miles; lhence south 24' 40' west for about eight miles thirty chains; thence about south 33' 10' east for four miles fifty chains; thence about south 56" 50' west for t v o miles sixty chains; thence in a southerly direc-
boundary of the Hundred of Morphett; thence easterly by the south bcundary of
tion by a line forming the eastern boundary of Annual Lease No. 16 at a distance of four miles fromand parallel to the River Murray until i t intersects the south the said Hundred to its south-eastern corner; thence north by thc eastern boun-
daries of the Hundreds of Morphett and Giles t~ the south-eastern corner of the Hundred of Cooper, the point of commencement.
K~~ondopamiga.	11. All that piece of iand in the Hundred of Kondoparinga, bounded by a line com- mencing at the north-eastern corner of Section 201 6,.and running thence southerly along
the eastern boundaries of Euctions 2016 and 2017 to the northern boundary of 2019;
thence in an easterly and north-easterly direction along the northern boundaries of
Sections 2019, 2021, 1742, 2033, and along the north-western boundaries of 2032 and
2036, to the south corner of 2046; thence north-westerly along the south-western
boundaries of Sections 2046, 2047, 2048, 2049, and 2085, to a point opposite the
south-eastern corner of Section 2083 ; thence westerly, northerly, and easterly along
the ~outhern, western, and nothern boundaries of said Section to its north-eastern
corner; thence northerly and north-westerly along the western boundary of Section
1821, and the south-western boundaries of Sections 2102, 2101, and 2092; thence
westerly and south-westerly along the south boundaries of 1837, 1902, and the south- '
eastern boundaries of 2133, the Cemetery Reserve, and Section 2029, co the south

. corner of the latter Section; thence in a south-easterly and southerly direction along

the east side of the road forming the north-eastern boundaries of Sections 2098,2096,

53

40" & 41" VICTORIEE, No. 86. -

Crown Lands Consoliddion Act.-1877.

and the eastern boundaries of Sections 2314, 2079, 2078,2347,2014,2013, and 2015, to the north-western corner of Section 2016; thence easterly to the north-eastern corner of said Section, the point of commencement.

12. All that piecc of land in the Hundred of Bremer, bounded by a line commencing Hundred of &emer.

a t the south-western corner of Section 2001, in the said Hundred, and running thence northerly by the western boundaries of Sections 2001,2000, and across the road to the south boundary of Section 2778; thcnce westerly by tlic south boundaries of Sections 2778, 531, 512, 506, 507, 508, 509, and their production to the south-east boundary of Section 2007; thence south-west-rly by the south-eastern boundarie~ of Sect~ons

2007, 2008, 2009, 2010, 2041, 20-12, 2044, 2045, to the north corner of Section 2049; thence south-easterly and easterly by the north-eastern boundary of 2040 andnorthern boundaries of 736, 738. 739, 740, 741, 742, and 743, to the north-eastern corner of the latter Section; thence in a north-easterly direction hy a s:raight line to the

~outh-west corner of Section 2001, the point of commencernent.

13. All that piece of land in the Hundred of Alesandrina, bounded on the east and

south by a line commencing a t the south-wester21 c.rncr of kection 2074, in the

Hundred of Bremer, and running therlce southerly a t an angle of 903 from IIundred

boundary for about tk&irty-five chains; thence easterly at ~ i g h t angles to the south-

west corner of Section 77; thmce southerly by a line, being the production of the we4tern boundary of Section 77, to a point o1)posite the s ,uth-western corner of Section 66 ; thence westerly, a t an angle of 90°, for about sixty chains; on the north by the north boundary of the Hundred of Alesandrina, from the south-west corner of Section 2074, tr~ a point t n o miles and seventj-three chains westerly of south-west

corner of said Section; and on the sou th-~re+t by a line starting from the last-mentioned

point, and running thence south-easterly at an angle cf 59'	40' from Hundred boun-
dary to intcrsect the south boundary before dcscribcd.

14. All that piece of land in the Hundrcds of Ual~lrlava and Inkerman, bounded Balaklava.

by a line commencing a t the south-easte n corner of the Hundred of Balaklava. n l n n i n ~ thence west and along the south boundary of the naid Hundred to a p0ir.t one and a-half miles east of thc south-west~rn rornpr; thenre truc north for about sixty chains; thenc? true west for about two miles; thencc north-westerly to the south-western corner of Scrub District No. 1; thence along the south boundary of the said district to the mebt bouniary of t h e Hundred of Halaklava; thence north by the said Hundr td boundary to the south-western corner of Section 9 4; thence eaut tc~ thc south-cast corner of Sect on 59; thence ::outh along the eastern boundary of the Hundred of Ealaklava to the &south-eastcm corner of the €aid Hundred, the point of commencement.

15. All that piece of land in the Hundreds of Stow, lIall, and Blyth, bounded by Stow, Mall, and

i5 line commencing at the north-eastern corner of the Hundred of Stow, and running B1yth-

thence west along the north boundary of the aid Hundrec~ to a point one mile east of the north-eastern corner of Section 113; thence trua south for six miles; thence sonth-easterly to a point on the Telegraph line, S xty chains east of t h ~ bend in said

line near Section 345; thence north-eaqtcrly along said line for about a ~ n i l e	sixty chains; thence magnetic north to intersect the north-western boundary of the and
Hundred of Hall; rhence north-easterly along the said Hundred boundary to a point
one mile and sixty chains aouth-west of the south-west corner of Section 79, in the
Hundred of Blyth; thence about north-north-west at right angles to the Hundred boundary for about three miles; thence about west-south-west to the south-eastern corner of Section 77 in the Hundred of Everard; thence south-easterly along the north-eastern boundary of said Hundred to the north-eastern corner of the Hundred nf Stow, the point of commencement.
16. A11 that piece of land in the Hnndred of Bagot, bounded by a line commencina a t the south-western corner of Sect ion 13, in the said Hundred, and running thence west along the south boundary of the said Hundred a distance of four miles; thence truc north for about six miles; thence north-easterly to a point in the north boundary of the Hundred, two rhiles east of the north-east corner of Section 109; thence east, to the nor~h-east corner of said Hundred; thencg south along the east boundary of the Hundred t o the north-east corner of Scrub Uistrict No. 4; thence westerly and southeriy b~ the north and west boundaries of said District to the south-western corner of Section 13, the point of commencement. Bagot.

17. All that picce of land in the Hundred of Neales, bounded b) a line com- Neales.

mencing a t the south-eastern corner of the said Hundred, and running thence north along the eastern boundary of fiaid Hundred to its north-eastern corner;

thence

TORIB, No. 86.

Crown Lands Consolidcrtion A c t. 1 8 7 7.

thence weRt along the north boundary of said Hundred about seven miles; thence south-easterly at an angle of 35'froni llundred boundary, for about two and a half miles; thence true east for about three miles; thence southerly to a point on the south boundary of the Hundred, one and a-quarter miles east of the south-east corner of Section 39 ; thence east along the south boun6ary of said Hundred ta ite eouth- eastern corner, the point of commenctment.

Hundred of English.' 18. All that piece of h n d in the Hundred of Engliah, bounded by a line com- mencing at the south-east corner of the 8aid Hundred, and running thence west dong the southern boundary of the aaid Hundred, a distance of about two and a-half miles; thence north-westerly at an angle of 53" from Hundred boundary for about two and a-half miles; thence true north to intetsect tho north boundary of the Hundred; thence easterly by north boundary of said Hundred to its north-eastern corner; thence south to the south-eastern corner of said Hundred, the point of commencement.

Yankalilla, Freding, 19. All the unsold Crown lands in the Hundreds of Yankalilla, Freeling, Myponga,

M ~ ~ o n g a t Nkangkita~ Nkangkita, Goolwa, and Encounter Bay.

Goolwa. and

~ n c o u n b s Bay.

ELEVENTH SCHEDULE,

Line of demarcation, to the northward of which it is not proposed to resume pastoral

lands, except on three years' notice of resumptioa

Commencing at the north-cast corner of County Buckingham; thcnce west, along north boundaries of Counties Buckingham and Cardwell, for a distance of fifty-six miles; thence true north to a point true east of the north-east corner of County Derby; thence west to said corner, and along the north boundary of said County to the south-east corner of County Taunton, and north to its north-east corner; thence west, along north boundary of County Taunton to Patawarta Trigonometrical Station; thence true north to the latitude of Nount Nor'-West Trigonometrical Station; thence west to said station; thence true south to the north-castern shore of Lake Torrcns; thence in a southerly direction by the eastern shore of Lake 'l orrens to its southern extremity; thence south-westerly, by a straight line to Nount Nonning Trigonometrical Station; thence westerly tc Neuranippe Hill Trigonometrical Station, and the same line produced to a point twenty miles north-east from the coast line at Streaky Bay; thence in a west-north- westerly and westerly direction, by a line generally parallel to, and twenty miles distant from, the coast line, to the wzstern boundary of the Province.

Clause 66.

Number of Sheep and

!

,$

Cattle actually de-

pasturing on 1st

2

Fcbruary, 18.

d

?

I

--	--
m

Number of Sheep and

- - Cattle actually de-

1 pasturing on 1st

/ April, l 8 .

---

Numhm of Sheep and

Cattle actually de-

pasturing on 1st

June, 18 .

Average number of Shcup and Cattle de- pasturing between 1st January, 18

1 and 1st Jul! , 18 . '

Amount of Rent due for the

&X months ending 30th

June, 18 .

4

--

m

Number of Sheep and

Cattle actually de-

/ pantaring on 1st.

I	m
I	F /

Number of Shccp and Cattle actually dc- pastwing oG 1 s t October, 18 .

-0 ,m m

PP: E K Z g

5 ' w o - * c I Number of Sheep and

.pcgz-:,	I	Cattle actually de-
""dpS.g

g;	g3.0	t,	pastwing on 1st
December, l 8 .

?:&i ,- P: ! $ l Average number of

Sheep andcattle de-

pasturing between

1st July, l8 , and

1st J:muary, 18 .

th

Amount of Rent due for the

B	six months ending 31st
December, l8 .
a

'LL81-'$3J7 U0?$21~~20SU03 S P U D 1 UMU.Q

'98 'ON 'WI~OJLIIA o T P % oOP

----+--

Crown Lands Corlsolidation A c t. 1 9 7 7.

THIRTEENTH SCHEDULE.

A Return:of all Sheep and Cattle which, on theJirst day of 7 18 ,

Clause 68. were travelling over the Crown Lands z?~chded in Leases No.

Number of 1 whence

Kame of Owner / Name Of I ncstinntion

Cattle (it' known).

(if known). I p ~ 1 ~ ~ ~ ~ g ~ ~ ~ ~ ~ $ ,

travelling. l

Sheep . . .. .. .. . , . . ..

Cattle .. . .. , ,. . . i. ..

in the Province of South Australia, the lessee [or overseer, or manager for the lessee, us the case may beJ of the Crown lands included in Leases No., do hereby certify and declare that. to the best of my knowledge and belief, the above is a true and correct return in all particulars of the total number of sheep and cattle, not being my property [if r:turn made by overseer,

say not being the property of the said 1, or depasturing

on the said lands with my consent, which, on the firtit day of	l
' l8, were actually upon, travelling over, or depasturhg on the lands comprised in such lease; and I further declare that the lands comprised in the leases above referred to are contiguous.

Signed this day of ,l8 , byme,

A. B.

Witness-

FOURTEENTH SCHEDULE.

A Betzma of all Sheep a t ~ d CultZe, the propwty of [name of Lessee], which, wilhin

the S& months next preceding thejrs ." day of , 18 , h a w been

traveZZing over any of the Crozurfi Lands, except such lards as are held under

lease by the said [name of Lesscej.

Where supposed to be

on the 1st day of

No. of Feb. I April. I June.

Sheep iume of Person; Narks or If travelling, If travelling,

and	;,in charge.	Brands.	trom whence.	clcstination.
Cattlc.

~- .. -p-

As tha caae soay BC.

Sheep.

Mtlo ..

-

I. . of , in the Province of South .4ustralia, the lessee

LOY overseer, or manager for the lessee, as the case may be] of the Crown lands

included in Lease No., do hereby certify and declare that, to the best of my

knowledge and belief, the above is a true and correct return in all particulars of all

property of the said J, which within six months next preceding the first	sheep and cattle, being my property [if' return made by overseer, saJ/ being the
day of	, have been travelling over any of the Crown lands, whether

, l 8

urrder lease or not, except such lands as are included in leases held by me [if'retzcrn

made by overseer, soy beld by the said 1.

S ig phis day of 1 3 , b y m e,

A. .B.

Witness-

FlFTEENTH

20" & 41' VICTORIB, No. 86.

-~ - . A - --W-

Crown Lands Co~zsqlidntion Act-1 877.

T o thc Comn~issioner of Crown Lands.

Sir-I, , of , being

for mineral purposes, of those portions of the Crown lands comprised in leases cl me^^.

numbered respectively, do hereby certify that (g 1

is the true and correct amount of divided ( o r realized) profit for the sixmonths ending

I S

11 ated t,he day of 18

Witness-

Fom~ of I ) ~ j o ~ ? n u f w ? a atwl Complaint nyainst unauthorized occzcpahun of Crozora L u r ~ d, ~

8outh BmtraZ~s, The information and complaint of A. B,

to wit. t

im hehalf of the Commissioner of Crown Lands taken this day of

in the year of our Lord, 18 ; before thc undersigned one of C'"USe l''.

Her Majcstfs Justices of the Peace, in and for the Province of South Australia, now

saith that C. D., of is the unauthorizcd occupant of certain

Crown lands [or messuape or tenement] to wit hald by him under

an agruen~eilt [or lease or licence] bearkg date day of 18, which said agreement [lcase or licence] has been forfeited lor is void, or has expired, or

has been revoked] under the provisions of the Crown Lands Consolidation Act.

Sworn before me the day and gear first abore-mentioned, at

J.P.

Jbrnr I$ Summons to Di,yossess U9znzdhorizod O(~cupnnt.

South Auslmlza, \ I n the matter of the "Crown Lands Consolidation Act," Ctauae 117.

to wit. ) and between , on behalf of thc Commissioner

of Crown Lands and Immigration, complainant, dnd occupant;

You are hereby summoned to appear at before a Special

iIlngistrnte, or two or more Justices of the Peace, on the day of

at o'clock in the forenoon. to answer the complaint of on behalf of the Commissioner of Crown Lands and Immigration, that you are in the unauthorized and illegal occupation of certain Crown lanrln to wit

held by you under an agreement [ o r lease or Iizence], dated the

day of , 18. which said agreement [or lease or licence] has 11een revolted Lor is void, or has expired, or has heconle forfeited], under the provisions of the c * Crown Lands Consolidat~on

Act," and that ~ o u neglect and refuse to delircr up possession of the said lands.

Dated the day of , 18 .

In case jrru fail to attcnd t l ~ i s summons, upon proof of reasonable notice to you

of the same, the complaint will be heard in jour absence, and such order made as to

the Special Magistrate or .Tustices shall seem fit.

EIGHTEEXT [I SCHEDULE.

Form of Warrant to Dispossess Unauthorized Occupant.

South Australia, In the mattcr of the Crown Lands Consolidation Act, " and Clau~e 117.

ito wit. between on behalf of the Commissioner of Crown Lands and Immigration, complainant, and A, B,, occupant.

To , the Bailiff of and all constable^ and peace

offlcers.

Wh6reas it has been made to appear to us, and we have adjudged that the

said

1 I

58 40" & 41" VICTORIB, No. 86.

Crown Lands Consolidation Act.-1 877.

said A. B. in the unauthorized and illegel occupation of [here state descr+tion of

lands l

These are, therefore, to require you, the said and o t h w, to dcliwr peaceable and quiet possession of the said land and yrl-n.ises to the said complainant, and eject the said A. B., and all othtr persons therefrorn, and, for which this shall be a sufficient warrant.

Given under our hands and seals this day of 18 , at

in the Province aforesaid.

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Adclaide: I:y ~ u t h o ~ i t y, V.