Crown Lands Act 1885 (SA)
ANNO QUADRAGESIMO OCTAVO ETQUADRAGESIMO
NON0
No. 363. An Act to amend the Law relating to Crown Lands.
HEREAS it is desirable to amend the law relating to Crown Preamble.
W | Province of South Australia, with the advice and consent of the |
Legislative Council and Iioose of Assembly of the said province, in this present Parliament assembled, as follows: |
Act, 1885," and, except so far as inconsistent therewith, shall be incorporated and read with thc " Crown Lands Consolidation
Act," and all Acts incorporated with or amending the same.
by the same selector at any one time under agreement, the conditions tion |
selectors' ae;reementa. purchased land shall cease to apply whenever such selector shall sell, or agree to sell. or shall let, or in any way part with the posaession of the land purchased bv him: And that in every case, and so long as any such selector shall claim the benefit of this section, as to residence on, or improvements, ploughing, or cultivation of any purcliased land, he shall deliver the like returnsas to personal residence, improvements, ploughing, an cl cultivation,
contained in his agreement or agreements, shall, with the consent "
of the C:omrllissioner, he deemed to apply to such srctions or blocks
of lanrl taken together, and shall continue to so apply during the
currency
of any of his agreements, notwithstanding that he maycomplete his purclrase under ally one or more of such agreements:
at
48" & | -- - |
The Crown Lands Amendment Act.-1885. at the office of the Commissioner respecting the purchased land. as
it would have been obligatory upon him to do had such land been
still held under agreement,
of 86 Of 1877y
Act" as is contained in the first four lines, and the word hereto " in the fifth line thereof, is hereby repealed, and the said section shall, after the coming into operation of this Act, be read and con- strued as if the next following section of this Act had been inserted therein in lieu of that part of the said section so repealed. |
an nu^ et- |
into operation of this Act, within fourteen days from the expiration of each year of the date of his agreement, deliver at the office of the Commissioner a return eoutaining all the particulars mentioned in the Fifth Schedule to this Act. |
giVenPCommis- sold pursuant to section39 of the Crown Lands Consolidation
aioner. Act," by the Official Receiver of the Court of Insolvency, or by the clerk of any Local Court of Insolvency having and exercising the powers of the Official Receiver, or by the trustee appointed under any adjudication of insolvency of any selector, or by the trustee of any deed of assignment made by any selector under Division VI. of '' The Insolvent Act, 1860," whereby the selector assigns his estate for the benefit of his creditors, or whenever the lands described in any
mortgage under the
' G Mortgage of Selections Act" shall be sold bythe mortgagee, the Official Receiver, clerk, trustee, or mortgagee effecting such sale, shall forthwith after such sale forward to the Commissioner a certificate in the form and containing the particu- lars set out in the Schedule A hereto, and furnish him with evidence to his satisfaction of the truth of the particulars therein contained, and shall therewith forward the agreernmt under which the land so sold shall be held for the purpose of having the name of the pur- chaser substituted for that of the selector whose interest shall have
been so sold. |
by public auction under section | |
dation | |
not be then sold, the person entitled to sell such interest may, with the consent of the Commissioner, effect a sale thereof by private contract at any time within twelve months after the selector be- cornea insolvent or makes an assignment. On such sale by private contract being effected, the person selling shall forthwith after such | |
sale forward to the Commissioner a certificate in the form and con- | |
taining the particulars set forth in the Schedule B hereto, and shall therewith forward the agreement under which the land so sold shall be held, for the purpose of having the name of the purchaser substituted for that of the selector whose interest shall have been | |
so sold, |
48" & 49O VICTORI'E, No. | |
last preceding sections, or either of them, being forwarded and ,t | |
furnished within twelve months from the date of the adjudication or assignment, or of the sale by the mortgagee, the agreement under which the land shall be held shall be void, and the land therein mentioned shall revert to the Crown. |
If any person, after notice of intention to forfeit any agree- |
ment or after being summoned under section 15 of LbThe Crown Lands Act, 1878," shall remove, injure, or destroy, or permit, or procure to be removed, injured, or destroyed, or be concerned in removing, injuring, or destroying any improvements on the land held by him under agreement, and any other person removing, injuring, or destroying, or being concerned in removing, injuring, or destroy- ing any improvements on any land held under agreement, shall be guilty of a misdemeanor: and on being convicted thereof shall be liable to be imprisoned with or without hard labor for any term not exceeding two years.
Lands Consolidation Act " shall |
be read and construed as if, after the word " purchasing " in the
last line but one thereof, the words " or becoming the transferee of7'
had been inserted therein.
hereafter surrt?lder his agreement in exchange for a lease under the | |
provisid ns of Part |
'The Agricultural crown Lands |
~rnindment Act, 1854," | as follows t h e words " five thousand |
to personal residence.
acres " in the seventh line thereof is hereby repealed.
12, Any person may hold a selection and also lands leased creditanasurren-
under section 21 of | The Agricultural Crown Lands Amendment |
Act, 1884": Provided that no person shall hold, under agreement and lease combined, more, in the aggregate, than three thousand acres, except in such hundreds, or parts of hundreds, as may be from time to time proclaimed by the Governor, when the aggregate may be extended to five thousand acres, and that no selector within the Schedule to '' The Agricultural Crown Lands Amendment Act,
1884," who shall avail himself of the provisions of this section
shall'be entitled to lease any second-class fands, except so as to make of second-class lands and lands leased as above, in all three thousand acres.
13, Personal
48" & 49' VICTORIE, No.
363"
The Crown Lands Amendment Act,--1 885.
Co~tructiot~
sonal reaideme con-
such three thousand or five thousand acres, as the case may be, | |
shall be considered personal residence on the whole of such land; and such personal residence on a selection shall continue to be so considered notwithstanding the completion of the purchase of the selection; and personal residence by any such person on any portion of the land held by him under one or more leases shall bc con- sidered personal residence on the whole of the land held by him under such lease or leases: Provided that such performance of the said conditions on any purchased land shall cease to apply whenever such selector shall sell or agree to sell, or shall let, or in any way part with the possession of the' land purchased by him: and that in every case, and so long as any such selector shall claim the benefit of this section, as to residence on or improvements, ploughing or cultivation of any purchased land, he shall deliver the like returns at the office of the Commissioner, respecting the purchased land, as i t would have been obligatory upon him to do had such land been still held under agreement. |
within the boundaries described in the Schedule to " The Agricultural Crown Lands Amendment Act, 1884," may also hold on lease drainage lands and first-class lands: Provided that the aggregate area of land so held by him under agreement and lease combined | ||
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such one thousand acres shall be considered personal residence on | |
the whole of such one thousand acres, as well. as on any second-class land held by the same person; and such personal residence on a selection shall continue to be so considered notwithstar~ding the completion of the purchase of the selection: Provided t,hat personal residence by | |
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the condition or covenant for personal residence contained in any | |
lease as is conferred upon him by section Amendment Act, | |
selector shall have become or be liable tc revocation for non- performance or violation of any of the eondi tiotls the1 ein corl tained, and in the opinion of the Commissioner a lesser penalty than revoca- tion would meet the justicc of the case, the Commissioncx may from time to t h e extend the period during which the purchase of the land mentioned in such agreement may be completed, for such time and subject to such terms and conditions as he may think fit; and all acts done by the Commissioner, and a11 terms and conditions imposed by him in such cases before the passing of this |
hereby
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The Crown Lands Amendment Act.-1885.
hereby declared to be as valid and effectual as if done under this Act. The terms and conditions so imposed by the Commissioner shall be binding upon the selector, and all transfcrees, mortgagees, assignees, and othcr persons claiming through or under him and the agreement under which the selection is held, shall be construed as if thc said terms and conditions were contained therein.
Crown lands with a right of purchase may, with the consent of the |
Commissioner of Crown Lands, mortgage the lands selected by or
leased to the pcrson whom they may represent: for the purpose of
completing the purchase from the Crown of such lands.
desire to use or transfer any portion of | his selection as a site for a |
blacksmith's shop, carpenter's shop, mill, store, post office, or for
any other purposc to be approved by the Governor, a t the request
in writing of such selector, and on payment by him to the Treasurer
of the purchase-money for the land granted at the same rate per
acre as the purchase-money of the whole section, grant to such
selector or his nominee any portion of such selection not exceeding,
for any one of the aforesaid purposes, half an acre: Provided that no
such grant shall be ma,de of any land situate within
town lands. The purchase-money paid for such land shall be credited
against the purchase-moncy payable under the selcctor's agreement.
20, No person who would be disqualified under section 38 of theDiqualifiostion of Crown Limds Consolidation Act " from holding any land upon
~~~~~~'e~m
credit, shall be entitled to hold auy land under lease from the crown, in any case where the rnaximim area of land that any one person may hold under lease, is fixed by any of the Crown Lands Acts.
21, Notwithstanding anything contained in any of the CrownLeases of scrub lands,
Lands b c | ts, thc pcrson who shall |
land offered by p ~ b l i c | auction for sale with ai right of | shall |
be the pcrson who at such auction shall offer t l ~ e | highest sum for |
the purchase of such larld. 'l'ht. land shall be offered at the upset price of One Pound per acre, and the competition at such auction shall be in advance of such upset price. The amount of the
purl hase-money sliall be pi~yablc | as n ~ n t | by equal ymrly instalme~~ts, |
ps! able in | distributed over the term of the lease, but the |
lrssee shall be at liberty to cornplcte his ~urcllase | at any time during |
the last elevcn years of' | term, ulmn payment of' the bnlancc of |
the purchase-money then rema;lning unpaid.
;t | Ilis Persons |
agreement Dlr | |
such lease, sucah pcrson shall, subject, to the approval of the Com- missioner of' Crown L~ncis, at any time be entitled to become a purchaser, upon credit, of any other land not exceeding in area the quantity which such person shall be entitled to hold under the |
provisions
4%" | 49' VICTORIE, No. |
p~ovisions of the Crown Lands Consolidation Act," or any
Act amending the same: Provided that such land shall have been surrendered previous to August first, one thousand eight hundred and eighty-five.
surrendered | surrender his agreement in exchange for a. lease of the same land, |
shall be entitled to be paid by the Commissioner for all improve- ments made by him on the land during the term of his agreement, in the same manner and to the same extent as if such improvements had been made by him during the term of his lease. | |||
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said section in lieu of the words "first day of' March, one thousand eight hundred and eightfive." The said section and section 4 of the said Act shall be read as if the words first day of | |||
thousand eight hundred and eighty-six,?' had been inserted in t l ~ e in the said sections in lieu of the words " f h t day of January, one thousand eight hundred and seven ty-nine," | |||
is entitled to a renewal of his lease on giving notice of his d~sire |
,sing | |
Land orders avail-
gration |
under peraonal resi.
any payment to be made under any lease of scrub land held under | |
the condition of personal residence, as it now is for the purchase of | |
Crown lands, | |
have been or shall be offered for sale by public auction, pursuant | |
section | |
paid any amount which the Qown may thereafter be paid for the | |
improvements made by him on such land. 29. The |
48" & 49' VICTORIW, No. | |
be so divided has been laid before Parliament | for thirty days, cause |
any Crown lands, town lands, suburban lands, and Crown lands
rescrvcd for the use and benefit of | the aboriginal inhabitmts of the |
province, or as travelling stock reserves, to be surveyed, in blocks not exceeding twenty acres in area, and cause leases of such lands to be offered for sale by auction at an upset annual rental of not less than Sixpence per acre.
not |
to impound any cattle or sheep trespassing on any land comprised | |
in such lease, unless such land shall be fenced against cattle and sheep. |
31, No person, except one who gains his livelihood by his ownOn17 working men
labor, and who has attained the full age of eighteen pears, shall be | |
entitled to any such lease, nor shall any such person hold a lease of more than one block of land under the provisions of section |
lease as hereinafter provided, and shall, on being declared the pur- |
chaser, pay his first year's rent, and shdll also satisfy the Cornmis- sioner that he gains his livelihood by his own labor, and is of the full age of eighteen years.
33. Every such lease shall be for the term of twenty-one years,Term of lease to be commencing from the first day of January or the first day of July,twent~-One~ea*. as the case may be, next succeeding the date of the sale.
34, Everv such lessee shall have the right to a new lease of theRenewalof term. lands dernisld to him for a further term of twenty-one years on the expiration of thc term of the first lease. at such rent as shall be fixcd by the Cornmissioner: Provided that he shall give the Corn-
have such new lease, which notice shall expirc during the currency | missioner six months' previous notice, in writing, of his desire to | of the then existing lease. |
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personally reside on such land for nine months at the least in every year of the t em, and shall contain a covenant by the lessee not to transfer, assign, sublet, or part with the posscssion of any of the demised land without the consent of the Commissioner, and such other terms and conditions as the Commissioner shall see fit to require. |
36. On the lessee making default for the period of twenty-oneForfeiture. days in the payment of the rent reserved by such lease, or making default in the observance or performance of the condition or covenant for personal residence contained in the lease, the lease
8hdl
48" & 49' VICTORIA, No. | p- |
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shall be absolutely void, and the land thereby demised shall, with all improvements thereon, revert to the Crown and become Crown lands: Provided that the Commissioner may, if he think fit, waive such forfeiture, and impose any other penalty in lieu thereof.
Construction af per-
37, Personal residence by the wife, or family, of any such lessee |
on the demised land, shall be considered personal residence by the lessee. |
" | such lease neglect to execute the same within twelve months after the date of the sale, his right to a lease, and all moneys paid by him, shall be absolutely forfeited to the Crown. |
make such regulations for carrying into effect the provisions of this Act relating to leases of blocks of land not exceeding twenty acres in area as he may think fit. |
dation Act," No. 86 of |
It shall be lawful for the Governor to let on lease any roads not within the limits of any District Council that arc not required for public use to the owners of land adjoining such roads at such rates as may be fixed by the Conmissioner of Crown Lands, or to offer leases of' the same for sale by auction: Provided that such leased
41,
o v e o r
rode.
roads may be resumed at one month's noticc from any time. |
42, The Ninth Schedule of the " Crown Lands Coilsolidation Schedule C to this Act were referred to and incorporated with the said section in lieu of the Schedule hereby repealed; and it shall be competent for the Cornrnissioner to include in any one notice the names of onc or more persons holding land under agreements liable to be revoked. |
Lands
Act " is hereby repealed, and section 47 thereto shall | |
43, In the construction and for thc przrposcs of this Act the |
following terius in invc.rted cotuma6 shall have the rneani~lgs | herein- |
after as;ignd | to thtlrn that is to say ,- |
'C I'rrainage lands " shall mean lands reserved for leasing which in the opinion of the Con~missioner are or probably may be beneticially aff'wted by any public works now already, or here- inafter to be carried out at the public cost:
" First-class
- -- | 48" & 4 9 O VICTORIW, No. | ||
First-class lands " shall mean the first of the two classes of lands reserved for leasing referred to in section 27 of
C C The Agricultural Crown Lands Amendment Act, 1884 ":Second-class lands " shall mean the inferior class of lands
referred to in the same section.
I n the name aud on behalf of Her Majesty, I hereby assent to
this Hill.
WILLIAM C. F. ROBJNSON, Governor.
VICTORIA!, No.
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SCHEDULE
CertzJicate OB 8ale | Credit Agt-eement. |
To the Commissioner of Crown Idands-
I, the undersigned [fill in nurrae], being the [Official Receirer of the Court of Insol- vency, or, the Clerk of the Local Court of Insolvency at, or, the trustee appointed at the instance of the creditors in the matter of name of selector], an insolvent, or, the trustee of the deed whereby [nanze | the henefit of his crcditors, or, the mortgagee under the mortgage by [name of | ||||
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Dated this | itay of | 18 | . |
[Sipaature.]
Form of &rtificntc OIL Sale 6y Priunte Cvo?~tr(6rt | qf Credit dgreenzcnt. |
I, the undersigned | name], being the [Official Kecciver of the Court of |
Insolvency, or, the Clerk of thc Local Court of Insolvency at | , or, the |
trustee appointed a t the instancc of the creditors in the mattrr of | nn~rte |
an insolvcnt, or, the trustee of the deed whereby [nanze | selector assigns his estlttc |
for the benefit of his creditors, or, the mortgagee unrlcr the mortgage by | f |
selector], rlatcd | day of | , | 1 do lleruby certify that on |
the | day of | , 18 | , | thc interest of the said [name |
under agreement No. | , |
notice of such attempted sale was advertised in [nnmes qf' newspapers] on [dates | auchoneer] at |
insertions | |
of | purchaser]. |
Dated the | day of | , 18 | . |
[Sigaature.]
SCHEDULE
To each of | the several selectors whose names, addresses, and occupations, |
description of whose respectiw selections and selectors' agreements are set
forth in the first, second, and third columns of the schedule hereto:
Take notice that I, the Commissioner of | Crown Lands for the province of | South |
Australia, am satisfied that the selector's agreement held by you, and specified in the said schedule, is liable to be revoked, and the selections held by you, described in
the said schedule, and all other selectiom held by you, are liable to be resumed,
by 48" & 49' VICTORIE, No.
363.
885. |
by reason of your having committed the act, or have been guilty of the fraud, or
have violated or failed to perform the conditions contained or implied in your agreement, specified opposite your nnmc in the fourth column of the schedule hereto: And further take notice, that you are a t liberty a t ally time before the expiration of one month from the publication of this uotice in the
Dated this | day | , 188 | . |
, Commissioner of Crown Lands,
T H E SCIIEDULB RGFGRRED TO.
S~ro~nrr~
Cor,nhrs.
V~ture of |
Forfeiture.
- | - | . | --- | -- |
John Jones | .. | Kapunda | Farmer | Section 1, | Yov. 9, 1881 | Holding the | selec- |
hundred of | tion as servant of |
Blyth | Samuel Smith. |
Michael Morris | Blillicent | Unknown | Sections 2 & | bar. 20,1884 | 970 | Entering into an |
agreement with |
of | B l a n c h | |
William Joner to acquire part of | ||
the ~clection. |
Peter Penn, | . | Laborer | Section 4, | ran. | I I o l d i n g | m o r e |
hundred of | than the maxi- |
Uomhurg. | and | area of | land |
and secs. | Kot | under | a g r e e - |
and6, hun- | numbered | men t. |
dred of Play ford |
.. | Uundred | Fwmer | Seciion | Not | Failing to reside |
of | hundred of | on |
Booleroo | Booleroo | for nine months |
in every |
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Adelaide: By authority, E. | Government Printer, North-terrace. |
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