Lands Alienation Ordinance 1856 (WA)

19 VICTORLE. No. 5

Crown Lands (Trespass)

WESTERN AUSTRALIA

ANNO NONODECIMO

VICTORIA?, REGINZE

No. 5

An Ordinance to empower the Governor to alienate Lands

in Western Australia purchased out of Imperial or

Colonial Funds. [Assented to 9th June, 1856.

EREAS it is expedient to remove doubts that have arisen Preamble respecting the power of the Governor to alienate lands in

Western Australia purchased out of colonial funds and conveyed to the use of Her Majesty, her heirs and successors, for colonial purposes ; and whereas it may hereafter be expedient from time to time to sell such lands, or parts thereof: Be it therefore enacted, by His Excel- lency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof:-

1. That from and after this Ordinance receiving the Royal assent, me Governor is

it shall be lawful for the Governor to sell, alienate, and convey by deed etar=11: in the name and on behalf of Her Majesty, any land whatsoever in the sell /ands, &co said Colony that now has been, or that hereafter may be, purchased Mrotise=" out of the funds of the said Colony and conveyed as aforesaid ; and the

proceeds of such sale shall be duly paid over to the Colonial Treasurer, to the use of Her Majesty, her heirs and successors, for the public service of the said Colony, and in support of the Government thereof.

2. And whereas doubts have arisen respecting the power to sell Also to selllands,

and alienate lands in the said Colony purchased to the Queen's use, byLei,&uffnir

eria1

the head of a department in the Imperial Service, and out of Imperial funds

funds, and for Imperial purposes ; be it hereby enacted and declared,

that from and after this Ordinance receiving the Royal assent, it shall

be lawful for the Governor, upon receipt of a written requisition to that

effect from the head of the department for whose special service any Tine good as

such land was originally purchased out of Imperial funds, to convey in plough waste

the name and on behalf of Her Majesty, the said land by deed to a a	bond fide rurchaser, whose title shall be good and valid, the same as if
the lands were waste Crown Lands, and sold and conveyed under the authority of any Imperial Act of Parliament in that behalf, and the proceeds of the said sale shall be duly paid over to the head of the department aforesaid, or other representative of the Imperial Treasury, to the use of Her Majesty, her heirs and successors, for the publicImperial service.

3. And to prevent any question as to the liability of purchasers riaurrm elleassserhekl

and other persons paying money under the authority of this Ordinance, be it further enacted, that no person or persons paying any sum of money under the authority or in pursuance of this Ordinance shall be bound to see to the application, or be answerable for the misapplication

19 VICTORLE. No. 5

Crown Lands (Trespass)

or non-application of the money so paid by him, her, or them, or for

ally irregularity in the sale or sales.

The usual deed	4. That lands sold under the authority of this Ordinance may be will permit, as the deed now and heretofore commonly used for convey- ance of waste lands of the Crown, and subject to the reservation con- tained in the original grant from the Crown of such land of the precious metals and of a right of entry for certain public purposes.
for waste lands
may be used or	conveyed by a deed of like form, or as near thereto as circumstances
followed
Public officer	5. That no public officer or agent of the Imperial or Colonial Government concerned in negotiating or completing the sale of any land under this Ordinance shall be deemed to be in any degree re- sponsible for the goodness or sufficiency of the title of Her Majesty, her heirs or successors, to such land.
held harmless

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF'.