Legalization of Certain Conditional and Other Purchases Act 1876 No 32a (NSW)
No. XIV.
An Act to legalize certain Conditional and
other Purchases. [20th September, 1876.]
WHEREAS the persons whose names are hereafter mentioned in Lands Alienation Act of 1 8 6 1 " of certain portions of Crown Lands Schedule A have made Conditional Purchases under the " Crown
and the said conditional purchases have been subsequently found to be illegal for the reasons specified in connexion with each purchase respectively in the said Schedule And whereas such persons have for
some considerable period resided upon and have improved the said
lands And whereas the person whose name is mentioned in Schedule P> selected after auction and paid the price of certain Crown Lands which for the reason specified in the said Schedule could not be legally so selected And whereas it is just and expedient to sell to the persons whose names are mentioned in the said Schedule A the portions of land set opposite to their respective names at an appraised value and to legalize and declare valid the selections after auction specified in the said Schedule B Be it therefore enacted by the Queen'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. The Governor with the advice of the Executive Council may
sell and grant the several portions of lands mentioned in Schedule A hereto annexed to the respective persons whose names are set opposite to such portions of lands in the said Schedule without competition in fee simple at a price to be fixed by appraisement in accordance with the provisions of the "Crown Lands Alienation Act of 1861" such price not being less than eight pounds an acre for town lands and one pound an acre for other lands but such appraisement shall not include any value for improvements.
2. The selections after auction of the portions of land men tioned in Schedule B by the person whose name is set opposite to such portions in the said Schedule shall be held to have been effectual and valid in law.
account of population of Tumut—Census SCHEDULES.
SCHEDULE A.
Cause of illegality of purchase and consequent necessity
Name. Area. for validating. District. a. r. p.
| John Doyle ... | 40 0 0 | Within reserve from conditional purchase on account of population of Mummboola— | Binalong. |
| Karl Albert Wilde ... | 65 0 0 | Within reserve from conditional purchase on account of population of Adelong—Census | Tumut. |
| James M'Galium | 50 0 0 | Within reserve from conditional purchase on account of population of Tumut—Census | Tumut. |
| William Back | 100 0 0 | Within reserve from conditional purchase on | Tumut. |
S C H E D U L E A—continued. Cause of illegality of purchase and consequent necessity
Name. Area. District. for validating.
a. r. p.
Benjamin Watmore 86 1 0 Within reserve from conditional purchase on Wagga Wagga.
Adama. account of population of Narrandera—Census
Henry Bradley Adams 112 0 0 1871.
James Knight 47 0 0 Partly within reserve from conditional purchase
on account of population of Jugiong—Census
1861.Gundagai. George Henry Norvill
40 0 0
Partly within reserve from conditional purchase on account of population of Haydon Town— Census 1861—and partly within temporary Common of Blandford.
Murrurundi.
Adlard Welby 42 1 0 Partly within reserve from conditional purchase
on account of population of Nattai—Census
1871.Berrima. Jane Atkins 40 0 0 Partly within reserve from conditional purchase
on account of population of Nowra—Census
1871.Shoalhaven. John Sinclair. 320 0 0 Partly within reserve from conditional purchase
on account of population of Wombat—Census
1871.Young. Charles Geldart 44 0 0 Within reserve from conditional purchase Tenterfield.
Charles Geldart 44 0 0 on account of population of Tenterfield— Charles Geldart 44 0 0 Census 1861. Charles Geldart 88 0 0
George Knauf 40 0 0 Within reserve from conditional purchase on
account of population of Warialda—Census
1871.Warialda. Partly within reserve from conditional pur- Carcoar.
John Bremner 63 3 0 chase on account of population of Tuena— John Bremner 54 1 0 Census 1871. James Stitt Partly within reserve from conditional purchase Wingham.
200 0 0 on account of population of Taree—Census
1871.
Aaron Upward Within reserve from conditional purchase on Musclehrook.
40 0 0 account of population of Musclehrook—
Census 1871.
Within reserve from conditional purchase Grenfell.
William Grahame ... 40 0 0 on account of population of Grenfell— William Grahame .. 40 0 0 Census 1871—and within Emu Creek Gold
Field proclaimed 1st January 1871.
James Pearse 50 0 0 Within reserve from conditional purchase on
account of population of Meadow Flat or
Meadow Lee—Census 1871.Bathurst. Within reserve from conditional purchase on Wagga Wagga. James Conn ...
120 0 0
account of population of Narrandera— Within reserve from conditional purchase on
James Conn ... 100 0 0 Census 1871.
Goulburn.
Elizabeth Jennings ... 77 1 12 account of population of Marulan—Census
1871.
Within reserve from conditional purchase on Deniliquin.
George Elliott 299 0 0 account of population of Deniliquin—Census
1861.
Within reserve from conditional purchase on Newcastle.
James West 40 0 0 account of population of Newcastle—Census 1871.
Thomas Redfern Watt Partly within reserve from conditional pur Young.
(formerly Francis 240 0 0 chase on account of population of Wombat— Within reserve from conditional purchase on
Krebs). Census 1871. James Stewart 40 0 0 Thomas Nash
40 0 0 Grenfell. John Durham
40 0 0 account of population of Grenfell—Census John Durham
60 0 0 1871. John Shipman Dawson 40 0 0 Robert Clifton 50 0 0 Thomas Davis
40 0 0
Within suburban reserve of Coila County Dampier.
Broulee.
Thomas Betts
40 0 0 Partly within town reserve of Moonbi County Tamworth. Thomas Betts
40 0 0 Inglis. Michael Kearins
320 0 0
Partly within suburban reserve of Koorowatha County Forbes.
Cowra.
Hugh Henry
40 0 0
Partly within Shoalhaven River Gold Field Reserve Proclaimed 31st August 1865.
Braidwood.
Mary Ann Gallagher
78 0 0 Within Long Flat Gold Field Reserve No. 12 Braidwood. and James Ellis. Proclaimed 8th August 1865.
Thomas Reed 40 0 0 Within Billabong Gold Field Reserve Pro- Forbes.
Thomas Reed 40 0 0 claimed 4th July 1866.
Stephen Alexander ...
40 0 0
Within extension of Gold Field Reserve No. 32 Proclaimed 23rd July 1869.
Carcoar.
William Wood
Within Burrangong Gold Field Reserve Pro claimed 23rd December 1861 Being the im proved portion of a50-acre conditional purchase
Young.
12 0 0 William James Partly within Tumbarumba Creek Gold Field Albury. 200 0 0
Griffiths. Reserve Proclaimed 14th August 1872.
SCHEDULE A—continued.
Cause of illegality of purchase and consequent necessity
Name. for validating. District.
a. r. p-
| John Khodes ... | 40 | 0 | Within Apple-Tree Flat Gold Field Reserve | Mudgee. |
0 Proclaimed 15th January 1S60.
| Joseph Marshall | 32 | 1 20 | eing less than the minimum area allowed as | Brisbane Water. |
| a conditional purchase under the "Crown | ||||
| Edward Moore | 38 | 1 20 |
B Lands Alienation Act of 1861." Patrick's Plains.
| George Smellie | 328 0 0 | Being in excess of the maximum area allowed as a conditional purchase under the "Crown | Deniliqum. |
| William Jones | 60 0 0 | Within water reserve No. 298—Notified 5th | Forbes. |
| William Jones | 40 0 0 | July 1867. |
| Mary Conolly | 320 0 0 | Within travelling stock reserve No. 362— | C'oonamble. |
Notified 1st July 1874.
| John Thornton | 280 0 0 | Partly within water reserve No. 56—Notified | Forbes. |
24th November 1865.
| Engcl Henry Graven- 320 0 0 | Partly within water reserve No. 377—Notified | Grenfell. |
| maker. | 11th March 1868. |
| Fricderich Schmezer | 44 0 II | Within water reserve No. 364—Notified 29th | Wagga Wagga, |
December 1865.
Paul Higgins (de- -
| ceased) | John |
Higgins junior to
| be | provisionally - | 40 0 0 | Partly within water reserve No. 380—Notified | Gundagai. |
11th March 1868.
| recognized | as |
holder of the con ditional purchase..
| George Ashwin | 320 | 0 1) | Within Murray River Forest Reserve—Notified | Deniliquin. |
22nd March 1872.
| George James Ashwin 320 0 0 | Within Murray River Forest Reserve—Notified | Doniliquin. |
22nd March .1872.
| William Ash win | 320 0 0 | Within Murray River Forest Reserve—Notified | Deniliquin. |
22nd March 1872.
| James Slattery | 100 | 0 | II | Partly within travelling stock reserve No. 555 | Wagga Wagga. |
—Notified 23rd September 1873.
| Denis Regan | 50 | 0 | II | Partly within travelling stock reserve No. 3V.'> | Glen limes. |
—Notified 4th January 1875.
| Melvillo Dunn | 50 | II | 0 | Partly within travelling stock reserve No. 375 | Glen Innes. |
—Notified 4th January 1875.
| William Constable ... 100 0 0 | Within water reserve No. 298—Notified 5th July 1867. | Forbes. |
| William Todhunter ... | 80 0 0 | Partly within water reserve No. 44:—Notified |
23rd December 1865. Dubbo.
| William Todhunter... • 50 0 0 | Partly within water reserve No. 44—Notified |
23rd December 1865.
| Joseph Harris | 50 | 0 | II | Within Temporary Common of Wentworth— | Wentworth. |
Notified 4th August 1S68.
| James Edward Win- 100 0 0 | Partly within travelling stock reserve No. | Deniliquin. |
| terbottom. | 1000—Notified 2nd December 1873. |
| John Higgins | 320 0 0 | Partly within water reserve No. 380—Notified | Gundagai. |
11th March 1868.
| John Holohan | 40 | 0 | II |
| John Holohan | 50 0 0 | Partly within water reserve No. 380— Notified | Gundagai. |
| John Holohan | 50 | (1 | 0 |
11th March 1868.
| John Holohan | 40 0 0 | |||
| John Holohan |
|
this was taken up being partly within water reserve No. 380—Notified 11th March 1868.
| James Kennedy | 320 | II | 0 | Within water reserve No. 575—Notified 17th February 1874 and partly within water reserve No. 641—Notified 5th June 1874. | Tamwortli. |
| Patrick Kenny | 160 0 0 | Partly within water reserve No. 337—Noti- |
fied 12th May 1874. Coonamble.
| Patrick Kenny | 160 0 0 | Within water reserve No. 337—Notified |
12th May 1874.
| David Pollack | 50 | (1 | 0 | Partly within water reserve No. 83—Notified | Gundagai. |
22nd December 1865.
| Patrick Kearins | .320 0 0 | Within water reserve No. 226—Notified 3rd August 1866. | Young. |
| John Kelly | 40 | 0 | 0 | Formerly partly within water reserve No. 136— | Gundagai. |
Notified 30th October 1863—Reserve can celled by Gazette notice dated 1st July 1875.
Formerly within water reserve No. 302— Wagga Wagga.
| William Rapley | 42 0 0 | Notified 5th July 1867—Reserve cancelled |
| William Rapley | 57 0 0 | by Gazette notice dated 1st July 1875. |
Formerly partly within water reserve No. 302— Wagga Wagga.
| William Rapley | 50 0 0 | Notified 5th July 1867 Reserve cancelled |
| William Rapley | 74 1 II | by Gazette notice dated 1st July 1875. |
| James Kelly | 45 0 0 | Formerly partly within water reserve No. 302 | Wagga Wagga. |
—Notified 5th July 1867 Reserve cancelled
SCHEDULE A — c o n t i n u e d . Cause of illegality of purchase and consequent necessity
Name. Area. District. tor validating.
a. r. p.
Robert Montgomery 60 0 0 Formerly partly within water reserve No. 30S Wagga Wagga. jun.
Robert Montgomery 183 0 0 Notified 5th July 1867 Reserve cancelled jun. by Gazette notice dated 1st July 1875.
Thomas Cosgrove ... 40 0 0 Formerly within water reserve No. 51—Noti Dubbo. fied 22nd December 1875 Reserve cancellec
by Gazette notice dated 8th March 1876.
Formerly within water reserve No. 283—Noti Molong.
John Smyth 100 0 0 fied 5th July 1867 Reserve cancelled by John Smyth 80 0 0 Gazette notice dated 23rd November 1875.
Formerly partly within water reserve No. 13S Warialda.
John Arndell (for- ) —Notified 11th March 1868 Reserve can
merly Fredricque > 80 0 0 celled by Gazette notice dated 23rd Sep John Morris.) ) tember 1873.' William Goodfellow \
(transferree of ( .„ „ Original selector not being a naturalized sub InverelL T_r T - V > 40 0 0
Henry Deong a 1 ject at date of transfer. Chinaman.) )
Being portions of a conditional purchase which Murrurundi.
Robert Keegan ... 180 0 0 was not declared forfeited at the time o Robert Keegan ... 50 0 0 making these selections.
Frederick Purcell ... 100 0 0 Partly within water reserve No. 157—Notifiet Wagga Wagga.
Frederick Purcell ... 220 0 0 22nd December 1865.
John Gorman ... 40 0 0 Partly within water reserve No. 459—Noti Young. fied 2nd December 1870.
William Baker ... 40 0 0 Within Mudgee Gold Field Reserve—Pro Mudgee. claimed 9th July 1873.
James Keppie ... 240 0 0 Within Mudgee Gold Field Reserve pro Mudgee. claimed 9th July 1873 since revoked.
George Pittendreigh 70 0 0 Partly within Wattle Flat Gold Field . Bathurst. (formerly Isaac Reserve proclaimed 23rd December 1861 anc 1 Jacobs.) partly within Wattle Flat Temporary
Common—Notified 26th November 1869.John Nelson Plowman 40 0 0 Partly within reserve for travelling stock No InverelL 366—Notified 14th July 1874.
SCHEDULE B .
Cause of illegality of purchase and consequent necessity
Name. Area. for validating. District. a. r. p .
Margaret Bradley ... 15 0 0 Within town reserve of Bogabri County Pot- Gunnedah.
Margaret Bradley ... 14 0 0 tinger.
0
0
0