Immigration Act 1872 (SA)

ANNO TRICESIMO QUINTO ET TRICESIMO SEXTO

VICTORIB REGINE.

A. D. 1872.

No. 29.

An Act to provide &for Imm[qratio?z into the Province qf South

Australia.

[Assented to, 30th November, 1872.1

FIEREAS it is expedient to encourage and assist Immigration Preamble.

into South Australia, and to provide for the control and super- vision of such Immigration-Be it therefore Xnacted, by the Governor of the Province of South Australia, by and with the advice and consent of the Legislative Council and House of Assembly of the said Province in this present Parliament assembled, as follows :-

l. Act No. 4 of 21 Victoria, intituled G An Act to authorize the Repeal of Act No* 4

of 21 V1ot.

appointment of an Emigration Agent, and to encourage and regulate Immigration into the Province of South Australia," is hereby repealed, and all regulations made thereunder are hereby cancelled, but nothing herein contained shall effect any act or thing lawfully done, or contracted to be done, undcr the authority of the said Act or regulations.

2. The Governor, with the advice and consent of the Executive Governor may appoint Emigration and

Council (hereafter called the Governor in Council), may appoint a I mmig~ation Agents.

person or persons to be Emigration Agents in Great Britain, or else- where, and may also appoint an Immigration Agent in the said Province, and from time to time remove such persons, or either of them, and appoint others in their respective places, and such Emigration Agents and Immigration Agent shall each be entitled to receive such salary as the Parliament of the said Province may from t ime to time provide.

FFP 3, Any

35" & 36" VICTORIB, No. 29. --

The Imrnigr~tion Act-1872.

Agent may appoint

clerks. 3. Any Emigration Agent may, subject to the approval of the Commissioner of Crown Lands and Immigration, appoint such clerks and sub-agents as are necessary for the performance of the duties intrusted to him.

Emigration Agent	4.	It shall be l a w f ~ ~ l	for any Emigration Agent to issue, or cause
may issue land order

warrants.	to be issaed, a land order warrant to each emigrant whom he shall have approved as suitable, and who shall not have previously re- sided in the said Province, and who shall proceed direct from Europe to South Australia, in a ship approved by the said Emigration Agent, and who shall have paid the full cost of the passage of himself or
cf any other person approved by the said Emigration Agent.

Land order warrants 5. The said land order warrant shall entitle the holder thereof

may be exchanged for to receive, on arrival in the said Province, one land order on account

h d orders.

of each person whose passage shall have been so paid in f ~ ~ l l, as aforesaid; and every such land order shall be in the form contained in the First Schedule hereto, and shall be of the value of Twenty Pounds sterling for each person of twelve years of age and upwards,_

and of the value of Ten Pounds sterling for each child between the

age of one and twelve years.

~	u	Of land order.	o	6. The said land order shall be available to its full nominal value for the purchase of any waste lands of the Crown which may be
offered for sale, or wl~ich may be oycn to selection for cash or an
credit in any part of the said Province: Provided that in the event of the holder of any such order selecting lands open for selection on credit he shall, on entering into an agreement to reside personally on such land, and in other respects to carry out the provisions of the Act under which such selection shall be niade, be entitled to present his land order as a deposit on account of the interest on the purchase money of the said land, and S-uch order shall be accepted by the Treasurer, according to the nominal valuc thcreof, as the full or part payment, as the case may be, of such interest.

Land grant to issue

after two years. 7. The grants from the Crown of lands purchased, either wholly or in part, with the said land orders, shall not be issued to the pur- chaser until, and unlas after, he and the person to whom such land ordcr shall have been issued both shall have resided for two years

Jn oaee of death, then continuously in the said Province; but in case of death it shall be to r~e8entative+ lawful for the Governor in Council to issue the said land grant, after

the expiration of the said two years, to the representative of the per- son who would otherwise have been entitled thereto: Provided that no alien shall be entitled to receiae a grant for any such land, unless he shall first have become a naturalized subject of Her Majesty the 1 Queen.

Government may	8. Upon deposit of a land order by the original holder, it shall fifth of the nominal value thereof; and, upon repayment at any time within two years of the sum so advanced, the said land order shall be returned to him. 9. After
make money advance	be lawful for the Government to advance to him a sum equal to one-

on land order.

35" & 36" VICTORIB, No. 29.

-

The Immigration Act.-1872.

9. After the expiration of two years from continued residence in Orders to be transfer- able after two years

the said Province by the holder of any land order, and on proof of re8idence.

such residence being given to the satisfkction of the said Commissio~~er,

such land order shall thereupon be transferable by endorsement.

10. Assisted passages may Fe granted to emigrants a yproved by Assisted paasagee.

any Emigration Agent, but unable to pay the whole cost of their passage, upon the terms specified in the Second Schcdule to this Act: Provided that if any emigrant to whom such an assisted passage is grantcd shall, within thirty days after his arrival in the said Province, apply, in writing, to the Comrnissioncr of Crown Lands and Immigration to be allowed to pay the balance of his passage money (which said passage money shall not exceed in the wholc the sum of Fifteen Pounds for every statute adult), and shall also pay the balance of such passage money within twelve calendar months from the date of such application, the said Commissioner shall causc a land order of the value of Twenty Pounds to be issued to such emigrant, which order shall be available in all respccts as a land order issued under Clause 5 of this Act.

1 1. Whcn any natural-born or naturalized subject of Her Majesty, Nomination of Lrnrni- grants.

resident in the said Province, desires to nominatc any suitable person for a passage from Europe thereto, and shall have paid to thc said Com- missioner the sum set forth in the Second Schedule hereto, accorcting to the scale therein specified, the person so nominated shall be entitled to receive a passage accordingly, and the person so nomi- nating shall, on payment in the said Province of the balmce of such passage money, within twelve calendar months after the arrival of such person nominated, calculated at the rate of Fifteen Younds for cvery statute adult, be entitled to receive a land ordcr of the value of Twenty Pounds, which order shall be available in the same manner as a land order issued under Clause 5 of this Act.

12. If any person or persons, company, association, or society Land O'ders

shippers, to.

to

shall be dcsirous of bringing out, at his or their own expense, suitable emigrants from EuGpe tb South Australia, appro&d by any Emigration Agent, for the purposes of settling on the Crown lands thereof and cultivating the same, or for engaging in any Colonial industry, and shall enter into an agreement with the Commissioner of Crown 1;ands and Immigration for the conveyance of such emigrants fiom Europe to South Australia for the purposes aforesaid, and also enter into a covenant with the said Corrimissioner that such emigrants sl~all residc continuously in the said Province for two years, at the least, from the date of their arrival, the Governor in Council may issue to such person or persons, company, association, or society, on the arrival of such suitable emigrants in the said Province, and if aliens, after naturalization, a land order in the form contained in the Third Schedule hereto, which land order shall be of the value' of Sixteen Pounds sterling for each adult emigrant as hereinbefore specified, and a land order of the value of Eight Pounds sterling for each child between the ages of

one

The linmigratioiv Act.--1 872.

one and twelve years of age who may be so conveyed; and every such land order shall be immediately available, in the mme manner as a land order issued under Clause 5 of this Act.

Provhione of Waste

Lend8 Act to be ob-	13. Notwithstanding mything in this Act contained, no land grant shall be issued to any person unless the requirements of the laws from time 10 time in force in the said Province regulating the sale of waste lands of the Crown therein, and binding upon the pur- chaser or selector thereof, shall have been fully performed by him.
nerved,
Penal@ for obtaining
passage under false	14. If any person, by any false statement made in the said Pro- vince, or elsewhere, obtain for himself, or for any other person, a passage granted under the provisions df this ~ c t; he shalf, on cbn- viction before any Special Magistrate or two Justices of the Peace for the said Province, be liable, for each offence, to pay the whole cost of any such passage, and also to pay a penalty of not more than Fifty Pounds; and, in default of such payments, or either of them, he may bc imprisoned, with or without hard labor, for a term not ex-
pretences.
ceeding six calendar months; and the provisions of Ordinance No. 6

. of 1850 shall be applicable to all proceedings under this clause.

Powert0 Governor

make regulations.; 15. The Governor in Council may, from time to time, frame,

- P annul, alter, and vary such regulations as may be necessary for

h 'X* ! f9~f lcc A -^ 7 3 declaring what persons shall be eligible for immigration to the said

"	Province, and generally for carrying out the provisions of this Act;
and all such regulations, and all instructions mhich may from time
to time be tran&itted to any Emigration Agent, shall );e forthwith published in the South Austmlian Government Gazette for general information, and shall be, within one week from their publication, if Parliament be then sitting, or, if not, then within one week from the next meeting of Parliament, laid upon the table of each Eiouse of
Par1 iament.

Short title. 16. This Act may be cited as " The Immigration Act, 1872." In the name and on behalf of the Queen, I hereby

assent to this Bill.

JAMES FERGUSSON, Governor,

SCHEDULES

35" & 36" VICTORIB, No. 29. 187

The hmigrat io l~ Act.-1872.

SCHEDULES REFERRED TO.

SCHEDULE I.

SOUTH	[Royal Arms.]	AUSTRALIA.
Land Order.

[Isaued under the Immigration Act of 1872.1

S : 2 :

NO. Number No.

It having been duly certified that a passenger per ship

from to the Province of South Australia, has defrayed the

cost of passage of the said i s hereby authorized

to purchase waste lands in the said Province subject to the laws relating to waste lands of the Crown in the said Province, and upon condition that the land grant thereof be not issued to the said

until after two years' continuous residence in South AUY tralia, This order is of the

value of Pounds, and is available as cash at any Government sale of waste lands or in payment of the interest or purchase money of lands selected on credit by the holder hereof for the time being.

Given under my hand at Adelaide, this day of

18

By His Excellency's command,

Commissioner of Crown Lands and Immigration.

SCHEDULE 11.

Scale of Payments.

Sec. 11.

l2 yeare and 40 years and

Sex. under 12 yeare. under 40. under 50.

h

6 S. d. E o. d. E s. d.

Xale ..............................	3 0 0	4 0 0	8 0 0
Femalo ............................	3 0 0	4 0 0	8 0 0

SCHEDULE 111.

SOUTH	[Royal Arms.]	AUSTBALIA.
Lawd Order.

[Issued under the Immigration Act, 1872.1

S : : S : : Sec. 12,

No. Number No.

It having been duly certified that the cost of passage of per ship

from Europe to South Australia, has been defrayed by

of i t is hereby agreed and directed that this land order shall be available as cash a t any Government sale of comtry lands, or in payment of the interest of purchase money for Crown lands selected on credit by the holder hereof for the time being, upon condition that the land grant thereof be not issued to the

s a d until after two years continuous residence in South Australia.

Given under my hand at Adelaide, this day of

18 -

By His Excellency's command,

Commissioner of Crown Lands and Immigration.

Y -

Adelaide: By authority, W 2. COX, Gorexnmont Printer, Nort h-to~rote,

CiGG