Crown Lands Purchases and Leases Validation Act 1915 (NSW)

CROWN LANDS PURCHASES AND

L E A S E S VALIDATION ACT.

Act No. 12, 1915.

An A c t to validate cer ta in original and additional

condit ional purchases, condit ional purchase

leases, a cer ta in condi t ional lease, a cer ta in

se t t l ement lease, and a sale by auction ; t o vest cer ta in lands in cer ta in persons; and for purposes consequent thereon or inc identa l the re to . [Assented to, 22nd Feb rua ry , 1 0 1 5 . ]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the	Legislative Council and Legislative Assembly of New
South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Crown Lands i

Purchases and Leases Validation Act, 1915."

2. The conditional purchase applied for on thee twenty-eighth day of April, one thousand eight hundred 1 and eighty-seven, by John Sharp, of forty acres, parish

of Falnash, county of Roxburgh, therein described, shall be deemed to have related to portion forty-five of the

said parish and county; and the confirmation of such application by the local land hoard on the twenty-seventh day of Ju ly , one thousand eight hundred and eighty- seven, shall, notwithstanding the terms thereof, be deemed to have related to the said portion forty-five: and such application shall be deemed to have been duly made and confirmed as aforesaid, notwithstanding that the land in the said portion was within a population area, and notwithstanding the decision, order, or direction of

any court or land board. 3 ,

3 . The conditional purchase, at the rate of one pound ten shillings per acre, made by Joseph Hunter on the sixth day of January, one thousand eight hundred and eighty-seven, of portion thirty-seven of sixty-four acres, parish of Comlaroi, county of Fitzroy, being part of

special area number seven, proclaimed twenty-sixth day

of June, one thousand eight hundred and eighty-six,

shall be deemed to have been duly made, although the price fixed in the said proclamation was three pounds per acre.

4 . The fact that the land comprised in the application

for any of the conditional purchase leases mentioned in Schedule One to this Act includes land which at the

time of such application was appropriated for the purpose

of the construction of the Lismore to Murwillumbah
railway line shall not operate to affect the validity or

effect of such application or any confirmation of the same, or any lease granted or to be granted in pursuance
thereof.

5 . The formal lease to Michael Joseph Gallery,

executed by the Governor on the nineteenth day of September, one thousand eight hundred and ninety-six,
in pursuance of an application for a settlement lease of land described in such lease, that is to say, two thousand
six hundred acres, being portion four, parish of Billaboo

South, within settlement lease area number eighty-five,

is declared to be a good and valid lease, subject to the
terms contained therein or annexed by law thereto, notwithstanding the decision, order, or direction of any court or land board.

6. The following additional conditional purchases, which purported to have been made by Mary Kane in	virtue of an original conditional purchase of one hundred
acres made by her former husband, John Quinlan, on the
twenty-eighth day of Ju ly , one thousand eight hundred and sixty-two, and who died intestate on the twenty- eighth day of March, one thousand eight hundred and sixty-three, leaving him surviving John Quinlan, his heir at law, namely, thirty-seven and three-quarter acres and forty acres respectively applied for on the sixth day
of May, one thousand eight hundred and seventy-five ;
forty acres, applied for on the eleventh day of November, one thousand eight hundred and seventy-five; forty acres,

applied

applied for on t he th i rd day of Apr i l , one thousand e ight hund red and e igh ty - fou r ; and n ine ty-s ix and one-half acres, applied for on t he fifth day of September , one t housand e ight h u n d r e d and e igh ty -n ine , shall be deemed to have been and to he as valid as if the said or iginal condi t ional purchase was, a t t h e respective t imes of t he

m a k i n g of the addi t ional condit ional purchases , held by

t h e said M a r y K a n e .

7. The sale by auct ion to El izabe th F e e h a n of t h e

port ion of land described in Schedule Two to th i s A c t is declared to have been and to be valid, no tw i th s t and ing t h a t such land formed pa r t of t he land described in the Schedule to the Ac t 44 Victoria No. 19. And the land

is hereby vested in t he said El izabeth F e e h a n for	an
es ta te in fee-simple, free from	any t rus t s or condit ions

affecting the same, o ther t h a n t rus t s and condi t ions

created or imposed by the said El izabeth F e e h a n .

8 . T h e addi t ional condi t ional purchase of port ion

seventy-e ight of forty acres, par ish of Cowan, county of Nor thumber l and , made on the twen ty -e igh th day of September , one thousand e igh t hundred and e ighty- two, by J o h n Toomey, jun io r , shall be deemed to have been duly made by the said J o h n Toomey on his own behalf, no tw i th s t and ing a n y t h i n g inconsis tent t he r e wi th in t he

appl icat ion, or in any documen t issued in pu r suance

thereof, and no twi ths t and ing a n y t h i n g there in which would otherwise render such application, or any con­

firmation thereof, inval id in law.

9. The par t of t he reserve from sale for t ravel l ing
stock n u m b e r four hundred and twen ty which is wi th in

measured por t ion fifteen, par ish of Chambigne , coun ty

of F i t z roy , which reserve was as to t h e said pa r t revoked

b y Gazet te not ice of t he e leventh day of May , one thousand nine hundred and ten, is hereby vested in Charles F rede r i ck Tindal for an es ta te in fee s imple.

1 0 .      On the twen ty-s ix th day of March , one thousand

e igh t hund red and n ine ty-s ix , J o h n McGil l D e Br i t t , be ing t hen an alien, applied for an original condi t ional pu rchase of e ighty-one acres and a condit ional lease of two hund red and forty and th ree -qua r t e r acres, being respectively port ion e igh ty- two and port ion seventy- three , parish Weedal l ion, coun ty Bland , land distr ict of Young . The applicat ions were confirmed by t h e local land board

on

on t h e th i r t i e th day of J u l y , one thousand e ight h u n d r e d

and ninety-s ix. The said J o h n McGi l l D e Br i t t failed

to become na tura l ized wi th in five years after m a k i n g the

said appl icat ions as requi red by section forty-one of t h e Crown Lands A c t of 1895, and, therefore, t h e lands became forfeited. On the said J o h n McGill De Br i t t subsequen t ly becoming natural ized, the Minis ter for Lands , upon the recommendat ion of t he local land board, waived the forfeiture which had been incurred , and as all o ther condit ions had been complied with, t he final certificate of conformity in respect of t he condit ional purchase was issued on the twen ty-seven th day of November , one thousand n ine hundred and six.

I n a sui t ar is ing o u t of an appl icat ion by the said J o h n McGi l l De Br i t t on t he seventh day of October, one thousand nine hundred and nine, for an addi t ional condi t iona l purchase in v i r tue of the said condi t ional purchase—such appl icat ion being in conflict wi th a n appl ica t ion made by Thomas Francis J a m e s Ca r r—the

H i g h Court , on appeal , has held t h a t h a v i n g regard to

t h e t e rms of said section forty-one of t he Crown L a n d s

Act of 1895 t h e Minis ter for L a n d s had no t t he power

to waive the said forfeiture.

The said original condit ional purchase and condi t ional
lease are hereby declared to have been and to be valid
a n d effectual in law : Provided tha t n o t h i n g here in shal l

affect any proceedings e i ther at law or in equi ty ins t i tu ted before the passing of th is Ac t .

1 1 . The fact t h a t par t ( th i r ty acres) of the land

described in t h e appl icat ion, da ted the twen ty -e igh th

day of March , one thousand e igh t h u n d r e d and seventy-

two, by J a m e s B e n n e t t	for	t he	condit ional	pu rchase of
for ty	acres—being	por t ion	twen ty -n ine ,	parish	of

L a m p t e n , coun ty of K i n g — w a s not t h e n available for

condi t iona l pu rchase , hav ing been inc luded in Crown

g r a n t to A lexande r Turner , dated t h e fifteenth day of

Sep tember , one t h o u s a n d e igh t h u n d r e d and fifty-three, shal l not operate to affect t h e val idi ty or effect of such app l ica t ion or condit ional purchase , t h e aforesaid g ran t

h a v i n g been sur rendered to t he Crown on the s ix t een th

d a y of Apr i l , one t housand n ine h u n d r e d and twelve.

S C H E D U L E S .

S C H E D U L E S .

S C H E D U L E O N E .

Date of No. of

Name of applicant. Parish Area.

application. portion.

a. r.

George I rwin Wilson 10 April , 1906 147 Mooball 250 1

Fors ter	Forres ter	. . .	21	J u n e ,	1906	85	Dunbib le	235	2
George	W a l t e r	Fa i rwea the r	21	J u n e ,	1906	149	Mooball	186	3

S C H E D U L E T W O .

Thi r ty acres, county of Saint Vincent , parish of Boyle, port ion eighteen : Commencing on the western side of t he road of var iable width from Braidwood to Jembaicumbene , a t the nor th-eastern corner of port ion seventeen of t h i r ty acres three roods ; and bounded thence on the east by tha t road dividing it from portion nineteen of forty-eight acres bear ing nor th six degrees thir ty-one minutes west ten chains eighteen l i n k s ; on the north by a road one chain wide dividing it from port ion two hundred and eighty of fifty-nine acres three roods hearing westerly twenty-nine chains twenty-one l inks ; on the west by a road one chain wide dividing it from par t of port ion one of forty acres bear ing southerly ten chains nine l i n k s ; and on the south by t h e nor the rn boundary of port ion seventeen aforesaid bear ing nor th eighty- nine degrees fifty-five minutes east t h i r ty chains twenty-four links, t o the point of commencement.

N E W C A S T L E