Crown Lands Act 1879 (SA)

ANEO QUADRAGESIMO SECUNDO ET &UAI)RAGESIMO

TERTIO

VICTO GINB*

No. 157.

An Act to amend the " Crown 1-ands Consolidation Act"

and " The Crown Lands Act, I 878."

HEREAS it is expedient to amcud tllc " Crown Lands Con- Preamble.

solidatim Act " and " The Crown Lands Act, 1858"-Be it

therefore Enacted bv the Governor of the P r o v i i ~ ~ of South Australia, with thc adviec and couscnt of tlic Legislative Council and tllc Housc of Aasemblv of the said pro~ince, in this present Parliament assemblcd, as fchlows:

I. When the whole or m y part of the land in any particular hundred.

2, Sections 15 and 18 of the "Crowii Lands Consolidation Act," Iteprnl.

and sections 4 and 5 of 'The Crown Lands Act, 1878," are hereby repealed, save and except as to any matter or thing heretofore lawfully done under the said sections or either of them, and the said Acts shall be rcacl and construed as if clauses 3 and 4 of this Act had been inserted in the " Crown Lands Consolidation Act" in lieu of sections 15 and 18 of that Act, and as if clauses 5 and 6 of this Act had been inserted in lieu of clauses 4 and 5 of The Crown Lands Act, 1878."

3. Lt~nd open for d c upon credit as aforesaid, shall be sold at m h o d of p n r c h a ~ i n ~

such times and places as the Commissioner shall appoint, undcr and land Upon credit.

subject to the following regulations-

.) 42' & 4 ' 3 O V I C T O ~ I ~ E, NO. 157.

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Crown Lnnds Amendment Act-1879.

p- -.

hundred is first declared open for selection, or re-opened for selection upon credit, the presiding officer shall offcr such land for sale by auction, at an upset price of One Pound per acre, one section at a time, in the order fixed by the Surveyor-General; the competition at such auction being confined to such persons qualified to become purchasers of land upon credit, as shall respectively declare their intention to reside personally on any land of which they may respec- tively become the purchasers:

11. The highest bidder at such auction shall forthwith select the section bid for, or a sufficient portion of such section to complete the area which he is entitled to purchase upon credit; and if the section bid for does not contain sufficient land to complete the area to which he is entitled, then he may select such further area from adjoining lands, provided that only one section is subdivided to make up such area, and that the direction of the line subdividing the same shall be subject to the approval of tllc Survevor-General, and that a fee of Ten Pounds shall be paid for ezch subdivision:

m, The person so selecting shall then be declared the purchaser of the land so selected, and shall forthwith pay to the presiding officer a sum of money in the proportion of Ten Pounds per centum a11 the amount of his purchase-money: Provided that if such persons shall select reclaimed land, the estimated cost of rcclairning the same, as fixed by the

Government Gazette, declaring the same oper, for sale upon

credit, shall be added to the amount of such purchase-money, and the sum to be forthwith paid to the presiding officer shall be in the plmportion of Ten Pounds per centum on the amount of such purchase-money and cost of reclamation; and provided also that if such person shall select in~proved land hc shall, in addition to the aforesaid percentage on the purchase-money bid by him, farthwith pay to the presiding officer the full mount specified in the ~ o ~ k n m e n t Gazette as

the value of the improvements on such land:

W. When the first purchaser shall have selected, the remaining land open for sale upon credit in the same hundred shall in like manner be successively offered for sale by auction among the persons qualificd as aforesaid, declaring their intention to reside persona.lly on the land, and the highest bidder at each such auction shall and the last remaining person may successively select land in the said hundred, and pay the percentage to be determined in manner before spccificd, with reference to the first purchaser:

v. M7hen no further bid shall be made at such auction as afore- said, the presiding officer sl~all, in a similar manner, offer for sale by auction, the land in the same hundred, rcmaining un- sclected and open for sale upon credit among perions not declaring their intention to reside personally on the land; and

the

8E 43' VICTOKIE, No.

Crown Lands Amendment A c t. 1 8 7 9.

the aforesaid regulations with reference to selection and purchase by persons declaring their intention so to reside, shall apply to selections and purchase by persons not declaring thcir intcn- tion so to residc: Provided that every purchaser not declaring his intention to reside personally on the land, shall make a declaration in the form contained in the Fourth Schedule hcrcto, and hand the same to the presiding officer at the time of selecting the land:

VI. Any person who, having bid for any land aforesaid, and having been declared the purchaser thereof, shall refuse or neglect to forthwith pay to the presiding officer the sum of money payable by him, or who shall afterwards decline to sign an agreement to reside personally on the land in cases where personal residence is necessary, or in cases where personal rrcsidcnce is not necessary, shall refuse or neglect to make, and at the time of selecting hand to the presiding officer, the declaration required by tlic preceding regulations, and any person not qualified to become a purchaser of land upon credit of any section of land among the sections then being offered for sale, who shall bid at any such auction, shall, on conviction, forfeit and pay for each offence a penalty of not more than Twenty-five Pounds:

VII. All country lands, which shall have been offered under the preceding regulations, and shall remain unsclccted, shall be open for sale upon credit by private contract at the price of Or,e Pound per acre; and all reclaimed lands, and im- proved lands, which shall have beer1 so offered, and which shall remain unselected, shall bc open for sale upon credit by private contract at the price of such land as mentioned in the Government Gazette, declaring the samc open for sale upon credit. In case of simultaneous applications, the person declaring his intention to reside personally on anv land stlall be entitled to such land; applications from twb

declaring their intention to reside personally on t,he land, or more such persons, or from two or more persons not shall be decided by lot.

4, If any person shall bid for land under the foregoing pr9- Sumspaidnot b o ~ d

visions for any other purpose than that of bond j d e becoming the Jde to be

purchaser of the lands to be selected by him, all rnvnevs paid by

such pcrson shall be absolutely forfeited; and it is hereby expressly

declared that the Commissioner may declare any such forfeiture on

any evidence which may appear to him sufficient; and a notice that

any such forfeiture has been declared, signed by the Commissioner,

and published in the Government Gazette, shall be conclusive

evidence thereof, and shall be an r.ffectua1 bar to any proceedings

whichdmay bc instituted by such pcrson, or anyone claiming through

or under him, for the recoveF of any money so paid by him as

aforesaid,

5. The

Crown Lands Ammdmen t Act.-1871).

of land

to be purchased.

5. The maximum area of land which any person shall be entitled to hold under agreement for purchase upon credit shall be six hundred and forty acres of reclajnied 1ands;or one thousand acres of country or improved lands; but no person shall, except as herein- after provided, be entitled to hold under agreement for purchase upon credit, both reclaimed lands and country or improved lands, nor shall any person be entitled to hold under agreement for purchase upop credit, at any one time, more than one thousand acres of land of whatever description, nor at any one time more than three separate and detached blocks of land.

Not again to select

upon credit.

6. Any person who shall have selected since the passing of the "Crown Lands Consolidation Act," the maximum area of land allowed under the provisions of sections 4 and 6 of "The Crown Lands Act, 1878," shall not be entitled to make any further selection of land upon credit: Provided that land surrendered under section

30 of the Crown Lands Consolidation Act" shall not be computed

as part of such maximum area.

Incorporation,

7. Except as far as the same is inconsistent with this Act, the

" Crown Lands Consolidation Act" and The Crown Lands Act,

1878," shall be incorporated, and read herewith as forming one Act.

In the name and on behalf of Her Majesty, I hercby assent

to this Bill.

WM. F. URUMMOND JERVOPS, Governor.

Addaide : Ry ruthority, E. SFII.I.ER, Acting Goternmont Printer, North-terrace.