Encounter Bay Boundaries Act 1884 (SA)

ANNO QUADRAGESIMO SEPTIMO El' QUADRAGESIMO

OCTAVO

No. 313.

An Act to settle the Boundaries of Sections in a portion

of the Hundreds of Encounter Ray, Goolwa,

and Waitpinga.

4REAS the origin:d survcy of certain sections in the hun- Preemble.

dreds of Encounter Bay, Goolwa, and Waitpinga, made in the

W""

year 1839, was erroneous as reg;:trds those sections, and by reason of

ih mrors corlt~iiled in such Survey some proprietors have, since the makine thereof, enjoyed inorc and others less land than they mere rcspectlvely entitled to, and the true hoanckdries of several sections of land have become doubtful: And whereas, owing t o lapse of time, it is desirable for the quieting of doubts to confirm thc title of each proprietor to the land which he has actually cnjoycd, and to make compensation for deficiency of acrcuge in certain cases-Be it, there- fore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Courlcil and IIousc of Assembly of the said province, in this present Parliament assembled, as follows:

than he has actually enjoyed, the boundaries of the several sections of land numbered and delineated in the said map shall henceforth

1, This Act may be cited as " The Encounter Bay, Goolwa, and sh0*t;tl,.

Waitpinga Boundaries Act."

2, Notwithstanding the claim of any proprietor of land within Boundarieaof r;cctions

he taken be m

those portions of the hundreds of Encounter Bay, Goolwa, and map.

Waitpinga, numbered and delineated in the map hereinafter referred to, and called " The Boundaries Map," to have more or other land

4 7 O & 48' VICTORIlE, No. 313.

The Encozcnter Buy, Goolwn, and FVaitpiriga Boundaries Act.-l 884.

be taken to be accurately delineated in the said malp, and, as so deli- neated, shall be henceforth accepted by all Courts and pcrsons as the lawful boundaries of such sections.

Roads colored red	3.	The roads colorcd red in the said Boundaries map, and marked
in m q to be hence-

forth ydl icrosds,	by shaded vertical lines in the copy thereof hereto annexed and
marked the Second Schedule to this Act are hereby declared, and
shall continue to bc public roads, frced from the clainls of 1111 pro- prietors through or over whosc land they or any of tlicm run, and shall be accepted as such public roads by all Courts and pcrsons.

All other roads to	4.	The l a d subject to or ocou~~ied	by any other. roads or ways,
cease to be public

rod the land (whether the s m e be apparent or actual roads or ways, or only

Over nrhLdl tlle).gO

be free of the public marked as such upon the Govemnlcnt surreys of cigbtccn hundred

easement,exceptroads and thirty-nine or eighteen hundred and forty-one, or upon thc sell-	ddca t ed on sale of
allotments. ing plans, or upon thc plans in the land office or the office of the

district council of the district, or upon any public nmps or plans, or upon ally i m t r ~ n ~ c n t s or c(:rtifi~'ates of title), shall be for cvcr dis- charged from any public right of user f ~ r roads or may s, and shall form part of the scveral sections of land through which such roads or ways are respectively shown as passing in the said map, namely:

Roads which are shown oil thc. diagrams on land grants, or on the selling plans, and 11ot i11 tllc o ~ p s kcpt in the land office or in thc office of thc clistrict council, but have not been in public use and arc not required, and which are coloreci

t,	mrcen in the mid l30~1~Qaries map, and marked by shaded
diagonal Iincs in the copy thereof hcreto annexed:

Roads which are shown on public maps and not on the diagrams

011 land p a n t s 01. selling plans, hut hare not becn in public m c aridare not required, i t r l r l which arc colorecl purple in the said Boundaries map and marked by zigzag lines in the copy thereof hereto annexed:

Ancl all other roads not cobred in the said Boundaries map and

11li~rk~d in the copy tilereof hcrcto nnn~sed as being existing

and ntlcessurv roads, except roads or s t rc~ts (icdicated to thc

public us(: thc owners of land subdividing thc same,

and selling portions in allotments.

Prnpn~tors who have

less land than thry 5, The persons who, at tllc passing of this Act, shall be or shall

areentitled t a m a j thereafter first bccomc entitled to the first estate of freehold

select the cleficlency in the sections or other tenelncmts, parts of sections in the

clsewhrl P.

first column of thc Schedulc hereto set forth, shall be entitled, at ant time witl~iil five years from tbt: passing of this Act, or

from their bccoming so cntitlrd, by thcmsclves ;r their respec&e

agents, to select from any Crown lands in the province of' South k s t m l i a, not being town, suburban, or m i n e d lands, or lands specially reserved and set apart for Government purposes, the acreage

of land set against such sections or tenements respectively under the

head of deficiency; and the Governor may make grants of the land so chosen accordingly, and such grants shall enure for the benefit of

the

47' & 48' VICTORIE, NO. 313.

The Encounter Bay, Goolwa, and Waitpinga Boundwies Act.-1884.

the several persons entitled to the premises for deficiency of which the grants shall be made, and for the estates and interests to which such persons shall respectively be entitled.

6. So far as regards a11 estates and interests, whether in possession ~~~d as m d e d in

or not and whether vested or contingent, which at the passing of the ;; ~ ~, " ~ ~ ~ ~ f ~ h

Act arc created in the sections of land on the said Boundaries map deficiency, to be held

numbered or delineated, and any part thereof, and any mortgages, $@~~,",,"t",t~~,"adY

charges, liens, and incumbrances thereon, the premises which shall created.

be sibject to' such estates, interests, mortgages, charges, liens, or

incurnbrances, and to which the same shall attach, shall for all pur-

poses be taken to be the said sections of land, or parts thcreof, as so

numbered and delineated, and of the boundaries and area as set

forth in the said map, together with such other land, if any, as may

be granted by the Governor in respect of deficiency as hereinbefore

provided.

7. As soon as practicable after the passing of this Act the Regis- Registrar to register land

trar-General shall, without fee, register such land grants as may be ,,,, granted for

granted by the Governor in pursuance of the powers hereinbefore deficiency.

con tainecl.

8. In rcspcct of S U C ~ portions of t h ~ l a n d comprised in the Registrartoissuenew

said map as have at the passing of this 4c t been brought under :z,";t;;.f

title

the Real Property Acts, or inay Ilerez~ftcr be brought under the said Acts, it shall be the duty of the Registrar, upon requcst and without fee, to issue to thc pastics having estates or interests in the said lands new certificates of' title thereto expressed to be granted in pnrsnanct. of this Act, and containing a diagram setting out the numbers, boundaries, and area of the premises as set out and delineated on the said map.

9, The map hercinbeforc referred to as " The Boundaries Map," Map to be conclu8ivo

shall be kept in the ofice of the Surveyor-General, and shall be evidence.

inarlr ed 'C Tlx Encounter Bay, Goolwa, and Waitpinga Boundaries	Map," and shall bc signed by the Commissioner of Crown Lands,
and the Surveyor-General, and this Act shall be referred to by title and number thereon, and the same shall be conclusive on all Courts and persons as to thc boundaries and area of the several sections of land numbcred and contained therein, and of all existing and con- tinuing public roads, as confirmcd or created by this Act, and of the land being frccd and discharged from all other roads or intended roads, as herrinbefore provided, and thc reduced copy of the said map annexed t o this Act shall in like manner be conclusive on all Courts and persons, save so far as it may be shown to differ from
the original.

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

this Bill.

WILLIAM C. F. ROBINSON, Governor.

FIRST

47' & 48" VICTOKIE, NO. 313.

The Encounte~ Bay, Goolwa, a d Wnitphya Boundaries Act.-1884.

FIRST SCHEDULE.

.S-:	11
L.>:	l1 l

No. of 1, KO of

Section. Original Proprietor.

.=.	I Section.
C ,' &-4

dwds of J h m ~ t ~ t e i ' Brry and Ooolzm.

2 1 David n a v i e s. . .............. .................. 2

John Clark .................. 1

H?mdreds of ?Vai&i?~ga uwd E*lzeountsr .. .. .. . 1

James Ruddell Todd, Edu-ard 2 1 2funclrcd of Goolzca.

Divett, and John Tussell

James Ruddell Todd, Kdward Preclk. John Beck, John Hallett,

and J ~ s e p h Stilling

Divctt, 2nd John Tussell

4F Edward 1)i.i. rtt, Bertritm Wde-

house Currie, and Charles

Eundred of 3mowaler Bay. l Roberts

Samnd Thwaite. ............. John Dickson Loch ..........

George Fife Angw,Eenry Kings- James Huglxs ..............

cote, and J~tnios Ruddell Todd liichard E'ydell Lindsng ......

Rev. Ridgeway Wm. Newland.. Watt3 Newland ..............

I s ~ a c Worthington .. .. .. .. .. .. Fredli. John Beck, John 1Iallet1,

Miss J a m Moorhouse ........ :mrl Jubeph Stilling

Thomas Helmore ............ ( h r g e Rolmt Smith .. .. .. ..

Captain John Endmarsh. ..... J o q h J'wkson Lister .. .. .. ..

Miss lsbbclla Keeling. ......... Geolgu File Angas, Henry Kings-

James Ruddcll Todd, Edward cotc, and Jarncls ltuddell Todd

Divett, and Jo ln Tussell Reverend Thomls 1I'org:m .. ..

Rev. Hidgeway Wm. Ne\vlanrl.. Miss (!atherine Baguley ......

Matthew J:tgger. .. .. .. .. .. .. . Anthony Smith .. .. .. .. .. .. ..

John Battey 'I'tlorngntc.. ...... Predk. John Heclr, John Hallett,

Miss hlnrgarct Morgm .. .. .. .. and Joacph S t i hng

T h m a s Bewes Strangnays .... John Gramger ..............

SECOND SCHEDTJLE.

[Sce l r ~ i p attached.]

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Adelaide : By authority, E. SPILLBR, Government Printer, North-terrace.

SECOND SCHEDULE.