Land Sales Frauds Act 1868 (SA)

ANNO TRICESIMO SECUNDO

No. 12.

An Act for the Prevention of Frauds at Auction of Waste Lands

of the Crown.

[Assented to, 30 th January, 1869.1

HEREAS it is expedient to make provisioii for the repression Preamble.

W of certain abuses occurring at sales by auction of Waste

Lands of the Crown-Be it therefore Enacted by the Governor of

the Province of South Australia, ~ ~ i t h the advice and consent of the Legislative Council and House of Assembly of the said Pro- vince, in this present Parliament assembled, as follows:

or in equity, 2. Whenever

1. Every agreement, whether in writing or otherwise, whereby Agreement8 prevent-

any person desiring or intending to purchase or obtain any Waste at auction8 to be	ing fair cornpotition
Lands of the Crown at any auction thereof, shall promise and agree, either directly or indirectly, to give or allow any sum of money, reward, benefit, or thing, to any other person, in consideration of such other person not bidding at any such auction, or of his not conlpeting at any sale of such lands, or in consideration of his bidding to a limited amount only, or of his withdrawing from competition at any such auction sale, or in consideration of his doing any other thing with a view to, or which might have the
eEect of, enabling such intending purchaser, or gome one for
him and on his behalf, and for his use and benefit, to purchase or obtain any waste Lands of the Crown in the said Province, at a lower price than that fix which the same might, in the absence of such agreement, be sold, or which in any way might tend to prevent
free and open competition, or diminish the price procurable for such
lands, at such auction, shall be wholly illegal and void, both at law

l

I

42 32" VICTORIB, No. 12.

Frauds at Waste Lands Sub Act .1868-9.

Employment of more 2, Whenever any person who has engaged or employed any

than ono agent to bid

or act at auction ille-	other person to bid or act for him at any such auction sale, shall,
gal and void, and the	directly or indirectly, employ or agree to employ, or be party or privy

same to he evidence

that agreement with to the employment of, any second or other person to bid or act for

both ag~n t s ia in con-

travention of last pre-	him in any manner at the same auction sale in the purchase of any
ceding clause.	Waste Lands of the Crown, the agreement with or employment of such second person shall be wholly illegal and void both at law and in equity, in the same manner as is declared in respect of agreements under the last preceding clause, and the employment of such second or other person shall bc conclusive evidence that the agreement originally entered into with the person who was first employed, has been so entered into contrary to the provisions contained in the last preceding clause, and the same shall be wholly illegal and void, both at law or in equity.
more than 6d. per
Agreement to pay	3. Any agreement by any person to pay more than the sum of Sixpence per acre to any other person for bidding or acting for such first-mentioned person at any such auction sale, shall be absolutely illegal and void.
acre void.
buy money or reward

received under any 4, Every person who shall directly or indirectly take and receive

illfga! ngreement to any sum of money, bill, note, reward, premium, or thing what-

beforfeitedland TWO- soever in pursuance of any such agreement as is herein declared

vernble bp any one

luhgfor tke same.	to be void, or in consideration or payment of any negociation, arrangement, or act on his part which i t is herein declared would be illegal if agreed to be done, shall forfeit such sum of money, bill, note, reward, premium, or thing, and such sum of money, or the value of such bill, note, reward, premium, or thing, or an amount cqual to the full value of the consideration paid, shall be recoverable at law by whosoever shall sue for the same within twelve months, whether such person suing be the person who made such agreement or paid such money, or gave such reward or thing, or any other person or persons whatsoever, in any Court of law in the sald Province, having jurisdiction to hear a claim of like
amount.
Certain proeosala and
arrangements to	5. Whenever any pcrson shall offer or propose to any intending bid except in some particular manner, or to bid to a certain limited extent only, or for certain waste lands only, in consideration of such intending purchaser's bidding or not bidding for, or purchasing or not purchasing certain specified wmte lands, to be sold at any such auction, or shall offer, or propose to enter into any agreement which would be illegal under any of the provisions of this Act, such per- son, shall forfeit the full value of the lands, which formed the sub- ject of such offer, proposal, or illegal agreement, or a sum of One Hundred Pounds, whichever shall be highest in amount; and such amount may be sued for and recovered in the manner hereinbefore provided in the last preceding clause.
aubjotqt agent to tor-	purchaser, not being the principal for whom he is lawfully acting
feiturc.	at any such auction sale, to bid in any particular manner, or nut to

6. Whenever

32" VICTORIB, No. 12. 43

Frauds at JYaste Lands Sale Act .1868-9.

TT7 henevcr any person shall endeavor to induce any intending pur- chaser at any such auction to enter into any agreement which would be	Certain prnposals and
agreements made
under and with

6.

illegal and void under this Act, or shall off'er and propose to make threats sut~ject to

double forfeiture.

any a g r s e ~ m t or arrangement for making which any forfeiture or penalty is provided under this Act, or shall make any such offer or proposal as mentioned in the last preceding clause, under, by means of, or accompanied with any threats or represmtations respecting the future biddings, purchases, competition, or respectiug any particular course of proceeding of such person at any such auction sale, he shall forfeit twice the full value of the lands, which formed the subject of such offer, proposal, or illegal agree- ment, or a sum of Two Hundred Pounds, whichever shall be highest in amount; and such amount may be sued for and recovered

in the manner hereinbefore provided for in the third clause.

7. In any action, suit, or proceeding under this Act, all parties Partiescompeuable to

to any agreement, and all person3 making or receiving any offer or fgle;bv;,";r:;!

proposal, with or without threats, as hereinbefore described, shall be ,ted for ,o .q i, ,

obliged and compellable to give evidence upon all matters touching ~ ~ ~ t ~ ~ $ ~ ~ $ h-

or relating to such agreement; and no infbrmation, or prosecution charged has been p ~.

On

shall be preferred or maintained against any person for conspiracy 22'~	in connection with or in consequence of any such agreement, offer,
m proposal, if such person, being summoned as a witness, shall
answer all questions that may be asked of him in relation to such agreement, offer, or proposal; and he shall not be convicted, by
any evidence whatever, as guilty of conspiracy, in respect of any act
done by him, if he, at any time previous to any information being laid against him for such offence, shtll have fully disclosed such act on oath, under the compulsory process of any Court of law or equity, in any action, suit, or proceeding instituted under this Act.

8. This Act may be cited as the '' Frauds at Waste Lands Sale short Tide.

Act."

In the name and on behalf of the Queen I hereby assent to

this Act.

F. G. HAMLEY, Governor.

Adelaide : By authority, W. C. Cox, Government Printer, North-terrace.