Crown Lands Alienation Act of 1861 No 26a (NSW)

ANNO VICESIMO QUINTO

VIC TO R I AE B E G I N A E .

No. I.

An Act for regulat ing the Alienation of Crown

Lands. [18th, October, 1861.]

WH E R E A S a l ienat ion of Crown Lands Be i t enacted by t h e Queen ' s Most

it is expedient to m a k e be t t e r provision for t h e

Exce l len t Majesty by and wi th t he advice and consent of t h e Legisla­

t ive Counci l and Legis la t ive Assembly of New Sou th W a l e s in Par­

l i ament assembled a n d by t h e au tho r i t y of t he same as follows :—

1. The following t e r m s wi th in inver ted commas shal l for t h e

purposes of th i s A c t unless t h e con tex t otherwise indicate bear t he

m e a n i n g s set agains t t h e m respect ively—

" Crown L a n d s " — A l l L a n d s vested in H e r Majesty which have

no t been dedicated to any publ ic purpose or which have not been g ran ted or lawfully cont rac ted to be g r an t ed in

fee s imple.

" Town L a n d s " — C r o w n L a n d s in any City Town or T i l l age or

set apa r t as a site for t h e same.

" S u b u r b a n L a n d s " — C r o w n L a n d s declared in t h e Gazette to

be S u b u r b a n by the Governor a n d Execu t ive Council .

" F i r s t Class Sett led Distr ic ts"-—Lands declared to be of t h e

Set t led Class by t h e Queen ' s Orders in Council .

" Second Class Set t led D i s t r i c t s " — L a n d s conver ted in to t h e

Set t led Class by t h e Ac t twen ty - th r ee Victor ia n u m b e r

four or t h a t m a y be hereafter so conver ted u n d e r t he

Crown L a n d s Occupat ion A c t of 1861 .

" Orders in Counci l " — T h e Orders in Counci l and Regula t ions

from t ime to t ime issued u n d e r t h e Imper i a l Act fifth and

s ix th Victoria chap te r th i r ty-s ix and n in th and t en th

Victoria chap te r one h u n d r e d a n d four.

" Min is te r " — T h e Min i s t e r for t h e t i m e be ing charged with t he

admin i s t ra t ion of t h e P u b l i c Lands .

" L a n d A g e n t " — A n y person duly appo in ted to sell Crown

Lands .

5 x — V O L . 4. " L a n d

" L a n d Office Days " — D a y s notified in t h e Gazette upon which

L a n d A g e n t s shall a t t end at t he L a n d Offices of t he i r

Dis t r ic t s respectively.

" A p p r a i s e m e n t " - — S e t t l e m e n t of pr ice value or damage by

appra isers appoin ted in m a n n e r prescribed by th is Ac t .

" A r b i t r a t i o n " — S e t t l e m e n t of boundar ies by a rb i t ra to r s ap­

po in ted in m a n n e r prescribed by th i s Ac t .

" I m p r o v e m e n t s " — I m p r o v e m e n t s on Crown L a n d s or lands

condit ional ly sold to t he va lue to be de te rmined by appra i sement if d isputed in Town and S u b u r b a n lands of

not less t h a n twice t he upse t pr ice of t h e a l lo tment	or
por t ion on which the improvemen t s m a y s tand a n d	in

o ther lands of no t less t h a n t h e un improved value of t h e

lands to be in l ike m a n n e r de termined not	be ing less than
one pound pe r acre.

" F r o n t a g e " — F r o n t a g e to any road r iver s t r eam or watercourse

which according to t h e pract ice of t h e Survey D e p a r t m e n t ough t to form a bounda ry be tween different sections or lots of land.

2. On and after t h e pass ing of t h i s Act t h e Orders in Counci l

shal l be repealed Provided t h a t n o t h i n g here in shal l prejudice or

affect a n y t h i n g a l ready lawfully done or commenced or cont rac ted to

be done t h e r e u n d e r respectively or to p reven t t h e several provis ions of t h e said Orders in Counci l from be ing carr ied in to effect wi th respect to lands u n d e r lease or promise of lease m a d e previously to t he twen ty- second day of F e b r u a r y one thousand e igh t h u n d r e d and fifty-eight

d u r i n g	t h e cur rency of such leases as fully as if t h e same had no t been
he reby	repealed.
3 . A n y Crown L a n d s m a y lawfully be gran ted in fee s imple or

dedicated to any pub l i c purpose u n d e r and subject t o t h e provisions of th i s A c t b u t no t otherwise A n d t h e Governor wi th t h e advice of t he

Execu t ive Counci l is he reby au thor ized in t h e n a m e and on t h e	behalf
of H e r Majes ty so to g ran t or dedicate any Crown Lands .

4. The Governor wi th t h e advice of t he Execu t ive Council m a y by not ice in t h e Gazette declare w h a t por t ions of Crown L a n d s shall be set apa r t as t he sites of new cities t owns or vil lages a n d define t h e l imi ts of t h e s u b u r b a n lands to be a t t ached the re to a n d to any exist­ i ng city town or vil lage a n d also t h e por t ions of t o w n lands or subur­

b a n lands to be dedicated to publ ic purposes a n d w h a t lands shal l be
reserved from sale u n t i l	surveyed for t he preservat ion of wa te r supply
or o the r publ ic purpose	A n d u p o n any such not ice be ing publ i shed

in t h e Gazette such lands shal l become a n d be set apa r t a t t ached

dedicated or reserved accordingly Provided t h a t wi th in one m o n t h

should P a r l i a m e n t be t h e n in Session and otherwise wi th in one m o n t h

after t h e commencemen t of t h e n e x t ensu ing Session of P a r l i a m e n t

t he r e shal l be laid before b o t h Houses of P a r l i a m e n t an abs t rac t of all

such declarat ions.

5. The Governor w i th t h e advice aforesaid m a y by not ice in

t h e Gazette reserve or dedicate in such m a n n e r as m a y seem best for

t h e publ ic in te res t any Crown L a n d s for any ra i lway or ra i lway s ta t ion

— a n y publ ic road canal or o ther in t e rna l communica t i on—any publ ic quay or l and ing-p lace—any publ ic reservoir aqueduc t or wate rcourse — o r for t h e preserva t ion of wa te r supp ly—or for any purpose of defence—or as t he site for any place of publ ic worship any hospi ta l asy lum or inf i rmary any publ ic m a r k e t or s laughter -house any college

school mechanics ' i n s t i tu te publ ic l ib rary m u s e u m or other ins t i tu t ion

for publ ic in s t ruc t ion or a m u s e m e n t — o r for any pa s tu r age c o m m o n —

or for publ ic hea l th recrea t ion convenience or en joyment—or for t h e

i n t e r m e n t

i n t e rmen t of t h e dead—or for any o ther publ ic purpose A n d upon

any such not ice be ing publ ished in t h e Gazette such lands shall become a n d be reserved or dedicated accordingly and may a t any t ime thereaf ter be g r an t ed for such purposes in fee s imple Provided t h a t an abs t rac t of any in tended reservat ion or dedication shal l be laid before bo th Houses of Pa r l i amen t one calendar m o n t h before such reserva t ion or dedicat ion is made .

6. After any l and shall have been temporar i ly reserved from sale t he same shal l no t be sold or o therwise disposed of u n t i l such reservat ion shall be revoked by the Governor w i th t he advice aforesaid and t h e not ice of such revocat ion publ ished in t h e Gazette A n d all lands which have h i ther to been or shall hereafter be p e r m a n e n t l y reserved for any of t he purposes aforesaid shall be deemed to be set apa r t a t t ached and dedicated accordingly and every conveyance or a l ienat ion thereof except for t h e purpose for which such reservat ion shal l have been m a d e shal l be absolutely void as well agains t H e r Majesty as all o ther persons whomsoever .

7. Crown Lands held u n d e r lease or promise of lease issued or m a d e previously to t he twenty-second day of Februa ry one t housand

e ight h u n d r e d and fifty-eight shal l du r ing t h e cur rency of such lease be exempt from sale unde r th i s Ac t unless where such lands have been lawfully w i t h d r a w n from the holding of t h e lessee in accordance wi th

t h e Orders in Counci l or m a y hereafter be lawfully w i t h d r a w n from

such hold ing Provided t h a t t he lessee m a y be pe rmi t t ed to exercise a pre-empt ive r igh t of purchase over one por t ion and no more of an a rea no t exceeding six hund red and forty acres out of each block of twenty-five square miles and at a va lue to be de termined by appraise­ m e n t no t be ing less t h a n one p o u n d per acre Provided never theless t h a t any land purchased under the Orders in Counci l previously to t he pass ing of th i s A c t shall be es t imated in t h e six h u n d r e d and forty acres aforesaid A n d provided t h a t such appra i sement shal l no t inc lude any va lue for improvement s A n d provided t h a t every appli­ cat ion for t h e purchase of l and unde r these condit ions shall be advert ised in t h e Government Gazette for t h e period of one calendar m o n t h before t h e sale is completed.

8. U p o n appl ica t ion m a d e wi th in twelve m o n t h s after t he

pass ing of th i s Ac t by any person or his alienee who m a y pr ior the re to have m a d e improvement s on any Crown L a n d s or u p o n applicat ion

wi th in twelve m o u t h s after t h e notification in t h e Gazette of any

reserve from lease or promise of lease unde r t he Orders in Counci l

wi th in wh ich improvements m a y be s i tua ted or u p o n appl ica t ion

by t h e holder of any lease or promise of lease of Crown Lands conta in ing improvement s made previously to t h e expira t ion of such lease or upon appl ica t ion by t h e improver or h is alienee made at any period for t h e sale of improved lands in proc la imed Gold Fields t he Governor m a y wi th t h e l ike advice sell and g r a n t such lands to t h e owner of such improvements w i thou t competi t ion in fee s imple a t a pr ice to be fixed by appra i sement not be ing less t h a n t h e m i n i m u m upse t pr ice of t h e class of l and as set forth in section twen ty - th r ee of th i s Ac t a n d in no case less t h a n one pound pe r acre b u t such appra i sement shal l no t inc lude any value for improvement s Provided t h a t n o t h i n g here in conta ined shall be held to requ i re t h e sale of any l and which m a y conta in auriferous deposits P rov ided also t h a t such sales shall be m a d e in accordance wi th t h e genera l sub-division of t h e land whe the r town suburban or o ther l ands a n d shall embrace only a l lo tments or por t ions on which improvemen t s m a y s tand and t h a t t he area shall no t for each improvemen t exceed

half an acre for town land two acres for s u b u r b a n l and and l and on

Gold Fields and t h r ee h u n d r e d and t w e n t y acres for o ther lands .

9. The Governor w ith t h e l ike advice may author ize any pro­ pr ie tor of l and h a v i n g frontage to any h a r b o u r or r iver to fill i n a n d

rec la im any land adjoining the re to a n d ly ing beyond or below	h igh-
water m a r k or to erect a whar f or j e t t y upon or over t h e same and	on
p a y m e n t	of a n adequa te money considerat ion to be de termined by

appra i sement for t h e u n i m p r o v e d va lue of t h e l and such land or any l and which m a y al ready have been reclaimed shall become vested in fee s imple in such propr ie tor and m a y be g ran ted to h i m accordingly

Provided a lways t h a t no such rec lamat ion shall be au thor ized which

shal l be calculated in any way to i n t e r r u p t or interfere wi th t h e navi­

ga t ion of such h a r b o u r or r iver or wi th t he r igh t s or in teres ts of adjoin­

ing propr ie tors a n d Provided also t h a t t h e in t en t ion to g r a n t such land

shall have been previously announced in t he Gazette	for four con­
secutive weeks before such l and is g r an t ed in fee simple.

10. W h e n e v e r t h e owner or owners of any lands adjoining a

road which has been reserved for access to such lands only and is n o t otherwise requ i red for publ ic use or convenience shall m a k e appl icat ion to t h e Min i s t e r to close such road or whenever a n y road which shall have been proclaimed t h r o u g h any l and shall have rendered unnecessary a reserved or o ther road b o u n d i n g or t r avers ing such or ne ighbour ing land it shall be lawful for t he Governor w i t h t h e advice aforesaid to notify in t h e Gazette and in t h e local newspapers if any t h a t such reserved or b o u n d a r y road wil l be closed and a t any period no t less t h a n t h r ee m o n t h s after t h e first publ ica t ion of such not ice a g ran t or g r an t s of t he si te of t h e road so closed m a y issue to t h e owner or owners of adjoining lands in fair p ropor t ion or in accordance wi th ag reement a m o n g such owners P rov ided t h a t an adequa te money considerat ion to be de te rmined by appra i sement shal l be paid for t h e same.

1 1 . I n cases in which no way of access to any por t ion of Crown L a n d m a y exist or m a y be a t t a inab le or in which any such por t ion m a y be insufficient in area for sale condi t ional or by auc t ion or in which a por t ion of Crown L a n d m a y lie between land a l ready gran ted a n d a s t reet or road which forms or should form t h e way of approach to such gran ted l and or in which bu i ld ings erected on lands a l ready g ran ted m a y have ex tended over Crown L a n d or in a n y o the r cases of a l ike k ind t h e Governor m a y w i t h t he advice aforesaid sell and g r a n t

such lands to t h e holder or holders of adjacent lands w i t h o u t compet i t ion

and at a pr ice to be de te rmined by appra i sement be ing not less t h a n t h e m i n i m u m upse t pr ice pe r acre of t h e class of l and as set for th in

section twenty - three of t h i s Ac t .

12 .    The Governor m a y wi th t h e l ike advice rescind any reserva­

t ion of wa te r f rontage on t h e sea coast or any bay inlet h a r b o u r or navigable r iver or l and adjoining such frontage conta ined in any Crown g r a n t e i ther whol ly or to such ex ten t and subject to such condit ions or res t r ic t ions as shall be deemed advisable a n d t h e l and be ing t h e subject of such rescission shal l on p a y m e n t of a n adequa te money considerat ion to be de termined by appra i sement be ing n o t less t h a n

t h e m i n i m u m u p s e t pr ice per acre of t h e class of l and as set for th in

section twen ty - th r ee of t h i s Ac t be g ran ted to t he owner of t h e land

conveyed in t he original Crown g r a n t accordingly Provided t h a t

no th ing in th i s clause contained shall empower t h e Governor	to g r a n t
a n y l and below h igh-wate r m a r k	or to interfere w i t h any l and used
as a publ ic thoroughfare or w i th any l and set apa r t and dedicated	for
any publ ic purpose	Provided also t h a t for four consecutive weeks
not ice shall be given in t h e Gazette	previous to i ssuing such g ran t .

13 . On and from t h e first day of J a n u a r y one thousand eight

h u n d r e d and sixty-two Crown L a n d s o ther t h a n town lands or	suburban
lands and no t be ing w ithin a procla imed Gold F ie ld no r u n d e r	lease

for m i n i n g purposes to a n y person o the r t h a n t h e appl icant for

purchase

purchase a n d no t be ing wi th in areas bounded by lines hea r ing no r th east sou th a n d west a n d dis tant t en miles from the outs ide boundary of any city or town conta in ing according to t he t h e n last Census t en thousand inhab i t an t s or five miles to t he outside b o u n d a r y of any town conta in ing according to t h e t h e n last Census five t housand inhab i t an t s

or t h r e e mi les from t h e outs ide bounda ry of any t o w n con ta in ing

according to t h e t hen last Census one t h o u s a n d inhab i t an t s or two

miles from t h e outside bounda ry of any t o w n or vil lage con ta in ing

according to t he t h e n last Census one h u n d r e d i nhab i t an t s and no t

reserved for t h e site any t o w n or vi l lage or for t h e supply of water or from sale for any publ ic purpose and n o t conta in ing improvemen t s and no t excepted from sale u n d e r section seven of th i s A c t shal l be

open for condit ional sale by selection in t h e m a n n e r following t h a t	is
t o say A n y person m a y upon	any L a n d Office day t ender to t h e L a n d

A g e n t for t he dis t r ic t a wr i t t en appl ica t ion for t h e condit ional pu rchase of any such lands not less t h a n forty acres no r more t h a n th ree h u n d r e d and twen ty acres at t he price of twen ty shil l ings pe r acre and may pay to such L a n d A g e n t a deposit of twenty-five pe r c e n t u m of the purchase money thereof A n d if no o ther l ike appl ica t ion and deposit for t h e same l and be t endered a t t h e same t ime such person shall be declared t h e condi t ional purchaser thereof a t t h e pr ice afore­ said Provided t h a t if more t h a n one such appl icat ion a n d deposit for the same l and or any pa r t thereof shall be tendered a t t h e same t ime to such L a n d A g e n t he shall unless all such appl icat ions b u t one be

immediate ly w i t h d r a w n for thwi th proceed to de te rmine by lot in such

m a n n e r as m a y be prescr ibed by regula t ions m a d e u n d e r this Ac t

which of t h e appl icants shall become t h e purchaser .

14. Crown L a n d s wi th in procla imed Gold fields a n d not

wi th in areas excluded by special p roc lamat ion and not occupied for gold m i n i n g purposes shall be open for condi t ional sale subject to all t h e provisions applicable to sales u n d e r t he t h i r t e e n t h section of th i s A c t Provided t h a t a t any period persons specially author ized by the Minis ter shal l be a t l iber ty to dig a n d search for gold wi th in t he l ands selected a n d t h a t should t he l and be found to contain auriferous deposits i t shal l bo in t h e power of t h e Governor a n d Execu t ive

Counci l to a n n u l t h e sale a n d t he r eupon the condit ional purchaser

shal l be ent i t led to compensat ion for t h e va lue o the r t h a n auriferous of t h e lands a n d improvemen t s such va lue to be de termined by appra isement .

15 . Eve ry L a n d A g e n t shal l duly en te r a t t he t ime in a book

to be provided for t he purpose t he pa r t i cu la r s of every appl icat ion for

condit ional purchase lodged wi th h i m under t h e provisions of sections

th i r t een	and	four teen of th i s A c t a n d	shall	t r a n s m i t	to	t he	proper
officer of t h e	Gove rnmen t	on	M o n d a y	in	each	week	a t r u e ex t rac t

therefrom shewing the par t i cu la r s of all such appl ica t ions for t h e

week preceding.

16. I f a t t h e t ime of condit ional purchase of any Crown L a n d

u n d e r sections th i r t een and fourteen of th i s Ac t such l and shall n o t have been surveyed b y t h e Gove rnmen t t e m p o r a r y boundar ies thereof shall be de termined by the condi t ional purchaser who shall wi th in one m o n t h after such t ime of purchase occupy t h e land A n d any d ispute be tween such purchase r and any other person other t h a n a holder in fee or h is alienee c la iming any in teres t there in respect ing such boundar ies shall be set t led by a rb i t ra t ion Provided t h a t if such land shall no t be surveyed by the Government wi th in twelve m o n t h s from the date of appl i ­ cation it shal l be lawful for t he condit ional purchaser by notice in w r i t i n g to t he L a n d A g e n t for t he dis t r ic t to w i thd raw his appl icat ion a n d the reupon he shal l be ent i t led to demand a n d recover back any deposi t paid by h i m or t h e pu rchase r shal l have t he opt ion of h a v i n g t h e l a n d

surveyed

surveyed by a duly qualified l icensed surveyor a n d the expense of such survey shal l be allowed to such purchase r as p a r t p a y m e n t of his pu rchase money such expense to be al lowed in accordance wi th t h e scale of charges fixed or to be fixed by t h e Surveyor General .

17. Crown Lands condit ional ly purchased u n d e r th i s A c t shall

if measu red by t h e au thor i ty of t he Gove rnmen t previously to such purchase be t aken in por t ions as measu red if no t exceeding t h r ee h u n d r e d and twen ty acres a n d if u n m e a s u r e d and hav ing frontage to any r iver creek road or in tended road shall if wi th in t he F i r s t Class Set t led Dis t r ic ts have a depth of not less t h a n twen ty chains a n d otherwise shall have a dep th of not less t h a n s ixty chains and shal l have the i r boundar ies o ther t h a n t h e frontages directed to t h e cardinal points b y compass a n d if hav ing no frontages as aforesaid shal l be measured in square blocks a n d wi th boundar ies directed to such cardinal points Provided t h a t should i t seem to t he Minis te r to be

expedient t h e boundar ies of por t ions hav ing frontages	m a y be made
approximate ly at r i gh t angles w i th t h e f rontage and otherwise	modified

a n d the boundar ies of por t ions hav ing no frontages may be modified and necessary roadways and Water reserves excluded from such measu remen t .

18 . A t t h e expi ra t ion of t h r ee years from the da te of condi t ional

purchase of any such l and as aforesaid or w ithin t h r ee m o n t h s there­ after t h e balance of the purchase money shal l be tendered a t t he office of t he Colonial Treasurer toge the r wi th a declara t ion by t h e condi t ional purchaser or his al ienee or some o ther person in the opinion of t h e Min is te r competent in t h a t behalf unde r t h e Ac t n i n t h Victor ia n u m b e r n ine to t he effect t h a t improvement s as hereinbefore defined have been made upon such l and specifying t h e n a t u r e e x t e n t and va lue of such improvemen t s a n d t h a t such l and has been from the da te of occu­ pa t ion t h e bond fide residence ei ther cont inuous ly of t h e or iginal purchaser or of some alienee or successive alienees of his whole estate and in teres t there in and t h a t no such a l ienat ion has been m a d e by

any holder thereof u n t i l after t h e bona fide residence the reon of such

holder for one whole year a t t h e least A n d u p o n the Min i s te r be ing satisfied by such declarat ion and the certificate of t he L a n d A g e n t for t h e dis t r ic t or o ther proper officer of t he facts aforesaid t h e Colonial Treasurer shall receive a n d acknowledge t h e remain ing purchase money a n d a g r a n t of t h e fee s imple b u t w i th reservat ion of any minera l s which t h e land may conta in shall be m a d e to t he t h e n r ightful owner Provided t h a t should such lands have been occupied and improved as

aforesaid and should in teres t a t t h e r a t e of five per c e n t u m per a n n u m

on t h e ba lance of t he purchase money be paid w i th in t h e said th ree

m o n t h s to t h e Colonial Treasurer t h e p a y m e n t of such balance m a y be deferred to a period wi th in th ree m o n t h s after t h e first day of J a n u a r y t h e n n e x t ensu ing a n d m a y be so deferred from year to year

by p a y m e n t of such in teres t du r ing t h e first quar te r of each year B u t

on default of a compliance wi th t h e r equ i rement s of th i s section t h e land shall rever t to H e r Majesty and be liable to be sold at auc t ion

a n d t h e deposit shal l be forfeited.

19. Crown Lands may be condit ional ly selected for t h e purposes of m i n i n g o ther t h a n gold m i n i n g u n d e r section t h i r t e e n of th i s A c t except t h a t in such case t h e pr ice shal l be forty shil l ings per acre and except t h a t in such case ins tead of t h e condi t ions applicable to o ther cases in regard to t h e declarat ion a n d certificate requ i red a declara t ion shall be requi red only of t h e fact t h a t no t less t h a n an average s u m of two pounds per acre has been expended in m i n i n g operat ions o ther

t h a n gold m i n i n g on t h e l and A n d u p o n such condit ions be ing satisfied

as hereby a l tered	a n d on p a y m e n t of	t h e	balance of purchase money
a g r a n t in fee s imple shal l be made	wi thou t	reservat ion of	minera l s

other

other t h a n gold and t h e same m a y be m a d e on satisfaction of such con­ di t ions a n d p a y m e n t of such ba lance no twi th s t and ing t h e period of

t h r ee years r equ i red in o ther cases shal l no t have expired A n d a g ran t

m a y be m a d e in l ike m a n n e r of any por t ion (not be ing less t h a n forty acres) of a la rger por t ion or iginal ly selected for pu rchase upon a declarat ion shewing an expend i tu re in such m i n i n g operat ions as aforesaid of a n average sum of no t less t h a n five pounds pe r acre on t h e l and so to be g ran ted A n d in t h a t case t h e purchase of the r emainder of t h e land selected shall be rescinded and any deposit paid the reon applied in or towards satisfying t h e balance of purchase money of t he land gran ted Provided fur ther t h a t if t he Min i s te r shall be dissatisfied wi th any such declarat ion as aforesaid he m a y cause t h e fact of t he expend i tu re requ i red to author ize a g ran t to be referred to

a rb i t ra t ion u n d e r th i s A c t and t h e issue	of	a g ran t shall	in t h a t	case
be dependent on the award thereon .

20. Crown L a n d s condit ional ly purchased u n d e r sections

th i r t een and fourteen of th i s Ac t a n d proved to t h e satisfaction of the Governor and Execu t ive Counci l to have been abandoned by the pu rchase r thereof or h is legal alienee before t h e expira t ion of th ree years from t h e da te of purchase shall be declared forfeited by not ice

in t he Government Gazette and may t h e n be sold at auct ion.

2 1 . Condi t ional purchase r s of por t ions of Crown Lands u n d e r

sections t h i r t e e n and fourteen of th i s A c t no t exceeding two h u n d r e d

and e ighty acres or the i r legal alienees m a y m a k e addi t ional selection of lands adjoining to t h e first selection or t o each o ther b u t no t o ther­ wise and no t exceeding in t h e whole th ree h u n d r e d a n d t w e n t y acres

a n d subject to all t he condit ions appl icable to t h e or iginal purchase

except residence Provided t h a t in t h e measu remen t of such addi t ional

selection of lands t h e frontage shall no t exceed t h e ex t en t w h i c h

would be allowed to an or iginal selection of t h r e e h u n d r e d and t w e n t y

acres Provided also t h a t n o t h i n g here in conta ined shall p reven t t h e sale of t h e adjoining lands to any o ther person before such fur ther condit ional pu rchase shal l have been made .

22. Ho lde r s in fee s imple of l ands g r an t ed by t h e Crown in

areas n o t exceeding two h u n d r e d and e ighty acres who may reside on such l ands m a y m a k e condi t ional purchases adjoining such lands t he a r rea rs of wh ich shal l no t wi th t h a t of t h e lands he ld in fee s imple exceed th ree h u n d r e d and twen ty acres and which shall no t be subject to t h e condit ion of residence applicable to condi t ional purchases in o ther cases Provided t h a t n o t h i n g here in conta ined shall p reven t the

sale of t he adjoining lands to any o ther person before such further

condi t ional purchase shall have been made .

23 . Crown Lands in tended to be sold wi thou t condit ions for residence a n d improvemen t shall be p u t u p for publ ic auc t ion in lots no t exceeding t h r e e h u n d r e d and t w e n t y acres each a t such places in t h e Police Dis t r ic t in which the lands a re s i tua ted a n d a t such t imes as t h e Min is te r shall direct to be notified by advertisement: in the Gazette no t less t h a n one m o n t h no r more t h a n th ree m o n t h s before t he day of sale A n d the upset prices pe r acre shall no t be lower t h a n for Town Lands eight pounds—Suburban Lands two pounds—other L a n d s one pound Provided t h a t t he upse t prices m a y be respectively

fixed at any h igher amoun t s .

24. Town lands and s u b u r b a n lands w i t h o u t improvements

shall be sold b y publ ic auc t ion only.

25.    A n y Crown L a n d s p u t u p for sale by publ ic auc t ion and not

sold m a y be aga in be p u t u p in l ike m a n n e r Provided tha t all lands

o ther t h a n t o w n or s u b u r b a n so p u t u p and not sold shal l be open for sale at t he upse t pr ice or in case of a h igher pr ice hav ing been offered for t he same then at such h igher price less in e i ther case t h e deposit

if

if a n y paid the reon Provided also t h a t t h e Min is te r may w i t h d r a w any such lands from selection a n d again submi t t h e m to publ ic auct ion.

26. A deposit of twenty-five pe r c e n t u m of t he purchase money
for all lands sold by auc t ion unde r a n y provision of th i s Ac t shall be

pa id by t h e pu rchase r a t t h e t i m e of sale A n d unless t h e r emainder of

such purchase money be paid wi th in th ree m o n t h s thereaf ter the sale

and cont rac t shall be void and the deposit shal l be forfeited Should t he pu rchase r fail to pay t h e deposit t he land shal l be for thwith again p u t u p b y t h e A g e n t a n d who shall n o t accept any bid by t h e person so failing to pay.

27.    Every L a n d A g e n t shal l duly en te r in a book to be provided

for	t h e	purpose t h e pa r t i cu la r s of all sales m a d e	by	h im	unde r	th i s
Act .

28. W h e n e v e r it shal l become necessary or desirable to fix or ascer ta in any pr ice value or s u m of money which by th i s Act it is provided m a y be fixed or ascer ta ined by appra i sement in ease of dispute as to t h e a m o u n t of any compensat ion to be made under t h e provisions of th i s Ac t and in case of any m a t t e r which by th is Act is author ized or directed to be set t led by a rb i t r a t ion t h e appraiser or

appraisers a rb i t r a to r or a rb i t r a to r s a n d u m p i r e shal l be appointed and

t h e appra i sement or a rb i t ra t ion shall be conducted in m a n n e r herein­

after ment ioned t h a t is to say—

(1.) The Min i s t e r or an officer au thor ized by h i m in t h a t behalf

and t h e c la imant in m a t t e r s hereinbefore directed or

au thor ized to be set t led by appra i sement or t he par t ies in teres ted in any dispute which by t h e provisions of th is A c t m a y be left t o a rb i t ra t ion may concur in t he appoint­

m e n t of a s ingle appraiser	or a rb i t ra to r	or failing	such
appo in tmen t each p a r t y	on the reques t	of t h e other	shall

appoin t an appraiser or a rb i t ra to r as t h e case may requi re

to w h o m t h e m a t t e r shall be referred A n d every such

appo in tment shall be made by t h e Minis ter or officer and

the c la imant or by t h e par t ies to t h e m a t t e r in dispute

unde r the i r hands in wr i t ing or if such p a r t y be a corpora­ t ion aggrega te unde r i ts common seal a n d such appoint­ m e n t shall be delivered to t h e appra isers or a rb i t ra to rs and

a t t ached to t he award w h e n m a d e and shall be deemed a

submission to appra i sement or t o a rb i t ra t ion as t h e case

m a y be by the par t ies m a k i n g t h e same.

(2.) After t h e m a k i n g of any such a p p o i n t m e n t t h e same shal l

no t be revoked wi thou t t h e consent of bo th par t ies	nor
shall t h e death of e i ther p a r t y opera te as a revocation.

(3.) I f for t h e space of sixty days after any such dispute or

m a t t e r shall have ar i sen and notice in wr i t ing by one p a r t y

who has himself duly appoin ted an appraiser or a rb i t r a to r

to t h e o ther pa r ty s t a t ing t h e d i spu te or m a t t e r to be referred and accompanied by a copy of such appo in tmen t the p a r t y to w h o m notice is given fail to appoin t an appra iser or a rb i t r a to r t h e appra iser or a rb i t r a to r appoin ted by t h e pa r ty giving the not ice shall be deemed to be appoin ted by and shal l act on behalf of bo th par t ies .

(4.) The award of any appraiser or appraisers a rb i t ra tor or
a rb i t r a to r s appoin ted in p u r s u a n c e of th is Act shall be

b ind ing final a n d conclusive upon all persons and to all

i n t en t s and purposes whatsoever .

(5.) I f before t h e de te rmina t ion of any m a t t e r so referred any

appra iser or a rb i t r a to r die or become incapable to act t h e

p a r t y by w h o m such a rb i t r a to r was appoin ted m a y appoint

in

in wr i t ing	ano the r	person in his s tead a n d if he fail so to
do for t h e space of s ixty	days after not ice in wr i t i ng	from

the o ther pa r ty in t h a t behalf t he r ema in ing appraiser or

a rb i t r a to r m a y proceed ex parte and every appraiser or

a rb i t ra to r so appointed shall have t h e same powers and

au thor i t ies as w e r e vested in t h e appraiser or a rb i t ra to r in

whose s tead t h e appo in tmen t is made .

(6.) I n case a single a rb i t ra to r die or become incapable to act

before t h e m a k i n g of his award or fail t o m a k e h is award

wi th in s ixty days after h is appo in tmen t or wi th in such extended t i m e if any not exceeding t h i r t y days as shall have been duly appointed by h i m for t h a t purpose t he ma t t e r s referred to h i m shall be again referred to appraise­ m e n t or a rb i t ra t ion u n d e r t h e provisions of th i s Ac t as if no former reference had been made .

(7.) I n case the re be more t h a n one appraiser or a rb i t ra to r t he

appraisers or a rb i t ra to rs shall before they enter u p o n the

reference appoin t by wr i t ing unde r the i r hands an ump i r e and if t h e person appointed to be ump i r e die or become incapable to act t he appraisers or a rb i t ra tors shall forth­ wi th appoint ano ther person in his s tead and in case t he appraisers or a rb i t ra tors neglect or refuse to appoin t an

ump i r e wi th in th i r ty days after be ing requested so to do

by any pa r ty to t h e appra i sement or a rb i t ra t ion the Min is te r may appoin t an ump i r e and he is hereby empowered so to do and t h e award of t h e umpi re shall be b ind ing final and conclusive upon all persons and to all in ten ts and purposes whatsoever .

(8.) I n case appraisers or a rb i t ra tors fail to m a k e the i r award

wi th in s ixty days after t h e day on which the last of t h e m was appointed or wi th in such ex tended t ime if any not exceeding t h i r t y days as shall have been duly appointed by t h e m for t h a t purpose t h e m a t t e r s referred shall be

de termined by t h e u m p i r e a n d the provisions of th i s Act

w i th respect t o t h e t ime for m a k i n g a n appra isement or

award and wi th respect t o ex tend ing the same in t h e case of a single a rb i t ra tor shall apply to any umpi rage .

(9.) A n y appraiser a rb i t ra tor or ump i r e appoin ted by v i r tue of

th i s Ac t m a y requ i re t h e p roduc t ion of such documents

in t he possession or power of e i ther pa r ty as he m a y th ink

necessary for de te rmin ing the ma t t e r s referred and	may
examine t h e par t ies as witnesses on oath .

(10.) Al l costs of and consequent upon the reference shall be in t h e discretion of t h e appraiser or appraisers a rb i t ra to r

or a rb i t ra tors or of t he ump i r e in case t h e m a t t e r s referred

are de termined by an umpi re .

(11.) A n y submission to a rb i t ra t ion u n d e r t h e provisions of

th i s A c t m a y be made a ru le of t h e Supreme Cour t of

t he said Colony on t h e appl icat ion of any pa r ty there to .

(12.) Before any appraiser a rb i t ra to r or ump i r e shall enter

upon t h e considerat ion of any m a t t e r referred to him as aforesaid he shall m a k e out and subscribe a declarat ion in t he form following before a Ju s t i ce of t h e Peace t h a t is to say—

I A. B . do solemnly and sincerely declare t h a t I am not direct ly or indi rect ly in teres ted in t h e ma t t e r referred to me and tha t I will faithfully honest ly and to t he best of m y skill and abil i ty hear and de te rmine t he m a t t e r s referred to me unde r t he Crown Lands Al ienat ion Ac t of 18G1.

5 Y — V O L . 4. (13.)

(13.) A n d such declarat ion shal l be annexed to t h e appraise­

m e n t or award w h e n m a d e and if any appraiser a rb i t ra to r

or u m p i r e shal l wilfully act con t ra ry to such declarat ion

he shall be gui l ty of a misdemeanor .

(14.) E v e r y appra isement or award shall be in wr i t ing and shall

be t r a n s m i t t e d to t h e Surveyor	Genera l	and	deposited	in
his office.

29. A n y in s t rumen t of sale or conveyance made and issued
u n d e r th i s Ac t m a y be proved in all legal proceedings by the produc t ion

of a certified copy thereof signed by t h e officer t o be author ized for

t h a t purpose u n d e r any regula t ion made as hereinafter enacted.

30. The Governor wi th t h e advice aforesaid may m a k e regula­
t ions for car ry ing th is Ac t in to full effect so as to provide for all p ro­

ceedings—forms of g ran t s and other i n s t r u m e n t s — a n d all o ther

ma t t e r s and th ings ar is ing unde r and consistent w i th th i s A c t and	not
here in expressly provided for	A n d all such regula t ions shall upon
being publ i shed in t he Gazette	be valid in law Provided t h a t a copy

of every such regula t ion shal l be laid before bo th Houses of P a r l i a m e n t

wi th in one m o n t h from t h e issue thereof if Pa r l i amen t be t hen in Session or otherwise wi th in one m o n t h after t h e commencement of t he nex t ensu ing Session.

3 1 . This Ac t shall be styled and may be cited as t he " Crown

Lands Al ienat ion Ac t of 1 8 6 1 . "