NT Land Act 1872 (SA)

ANNO TRICESIMO QUlNTO ET TRICESIMO SEXTO

No. 28.

A y i ..ht to regulate the Sale and other Disposal of the Waste Aands

o t the Crown in that portion of the Province o f South Australia

commonty styled the Northern Territory.

[Assented to, 30th November, 1872.)

W HEREAS pursuant to the powers contained in an Act intituled Preamble- "An Act for the Government of New South Wales and Van

Diemen's and," passed by the Imperial Parliament in the fifth and sixth years of the reign of Her Most Gracious Majesty Queen Victoria, and to the powers contained in an Act intituled '' An Act to remove doubts r&pcting. thc authority of the Legislature of Queensland, and to annex certain territories to the Colony of South Australia, and for other purposes," passed by the Imperial Parliament in the twenty-fourth and twentflfth years of the reign of Her said Majesty, Letters Patent, bearing date the sixth day of July, in the twenty-seventh year of the reign of Her said Majesty, signed by Warrant under the Queen's Sign Manual, were issued whereby

so much of the Colony of New South Wales as lies to the north-

wards of the twenty-sixth parallel of south latitude and between the one hundred and twenty-ninth and one hundred and thirty- eighth degrees of east longitude, together with the bays and gulfs there situated, and all and every the islands adjacent to any maidand within such limits as aforesaid, with their dghts, members, and appurtenances, were annexed to the Colony of South Australia: And whereas, by a certain Act passed by the Governor-in-Chief of

the Province of South Australia, with the advice and consent of

the Legislative Council and House of Assembly of the said Province, in the twenty-sixth and twenty-seventh years of the reign of Her present Majesty, being G The Northern Territory Act,"

uu cer taiq

35" & 36" VICTORIB, No, 28.

The Northern Territory Land Act.-1872.

certain provision was made for the alienation by sale and other disposal of five hundred thousand acres of land, being country lots and one thousand five hundred and sixty-two town lots, situated within the limits described in the said Letters Patent, and by the said Northern Territory Act it was enacted that no other land should be sold after the sale of such five hundred thousand acres, and slich town lots, ex- cept in the manner and at the price by the said Act provided; and by the said Nohhern Territory Act it was also enacted that the pre- liminary land orders and land orders issued thereunder to the pur- chasers of such land should entitle the purchasers and their transferees or nominees to select the lands whereof they would become the pur- chasers within five years from the date of every such preliminary land order and land order: And whereas by another Act of the Governor of the said Province, with the advice and consent afore- said, assented to on the twenty-fourth day of November, one thousand eight hundred and sixty-eight, being " The Northern Territory Amendment Act, 1868," it was enacted that the purchaser of any preliminary land order or land order, or his transferee or nominee, should be entitled to exercise his right of selection hereinbefore referred to within five years from the passing of the now reciting Act, and such purchaser should, on giving, within nine months from the passing of such last-mentioned Act, the notice by the last- mentioned Act required, become entitled to a larger area of land than the area mentioned in any such preliminary land order or land order: And whereas by an Act of the Governor of the said Pro-

vince, with the advice and consent aforesaid, b e i ~ g No, 2 of 1869-70,

intituled "An Act to amend an Act, No. 3 of 1868, intituled C An Act to amend the Northern Territory Act,"' it was enacted that all persons who had neglected to gpe the notice hereinbeforc referred to, but who should give such notice before the thirtieth day of June, one thousand eight hundred and seventy, should be entitled to the full advantage conferred by the said Northern Territory Amend- ment Act, 1868: And whereas by an Act of the Governor of the	said Province, with the advice and consent aforesaid, bring No. 3 of	1871, intituled " An Act to amend ' The X orthern Tcrritory Amend-
ment Act, 1868," it was enacted that all persons who on or before the first day of July, one thousand eight hundred and seventy-two, should give the notice therein referred to, should be entitled to select the larger area of land authorized to be granted by " The Northern Territory Amendment Act, 1868: " And whereas it is desirable to repeal t6e Acts mentioned in the first Schedule hereto to the extent in such Schedule mentioned, and to provide for the alienation by sale, lease, or other disposal of the unsold lands situatcd within the limits describe$ in the said Letters Patent: Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of thc Lcgislativc Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. This Act may be recited and referred to for all purposes as

6' The Northern Territory Lqnd Act, 1872."

2. The

35" & 36" VICTORIB, No. 28. 149

The Northern Territory Land Act.-1872.

- - - - - - .-

purposes of this Act, bear the meanings set against them rcspec- terms. 2. The following terms within inverted commas shall, for the lnterpratationof

tively, unless where the context implies otherwise-

L L Business"-Sny profession, trade, calling, or occupation, except

mining, and any vending or disposing of any goods, wares, merchandize, or chattels, whether by hawking of milk, butter,

vegetables, or other farm or gayden produce: .

Cattle7'-Horses, horned cattle, camels, mules, asses, sheep, and

goats:

Country Lands"-All surveyed lands situated in the Northern

Territory not being town, township, or suburban lands, or reserves:

Special Country Land "-Any sin& section or block of countrv

lands which may be surrounded by sold or selected lands, a d which shall have been herctofore offered for sale arid not sold, or have been withheld from sale, or has not been dcdicatcd for any public purpose:

Claimu-A parcel of wastc lands which each person or com-

pany shall be entitled to occupy, or to occupy and mine in

by virtue of any miner's right, licence, or lease issued under

Part v, of this Act, and every holding whatsoever occupied by virtue of the said Part v.:

Commissioner"-The Commissioner of Crown Lands and Irnrni-

gration for the time being of the said Province, ar such person or persons as the Govcrnor in Council may appoint to exercise and carry out in the Northern Territory the powers and provisions of this Act:

Gazette "-The South Australian Gov~).nme?zt Gazette or such

other official gazette as may be published under the authority

of the Government in the Northern Territory:

" G0ld"--~4s well any g d d as any earth, clay, quartz, stone,

mineral, or other substance containing gold, or having gold mixed therein, or set apart for the purpose of crrtracting gold therefrom:

" Governor in Council"-The Governor of the said Province, with

the advice and consent of the Executive Council:

" Mining Purposes"--The searching and working of land for re- nloval therefrom of any natural mineral body other than gold, coal, mineral oil, or water:

" Northern Territory"-So much of the Province of South Aus- tralia as lies to the northwards of the twenty-sixth pa-rallel of south latitude and between the one hundred and twenty- ninth and one hundred and thirty-eighth degrees of east longitude, together with the bays and gulfs there situated. and all and every the islands adjacent to any main land within such limits as aforesaid, with their rights, members, and appurtenances: Selector"

No. 28:

The Northern Territory Land Act-1872.

" Selector"-Any person who shall enter into a lease containing

a stipulation for the purchase of land upon credit under this

Act, and, except where repugnant to or restricted by the

,. context, the devisee or personal rcprescntative of any such person, or any transferee of any such lease under the pro- visions of this Act:

Suburban,Lands"-All surveyed waste lands situated in the im-

mediate vicinity of any town or township lands, and which may

be declared by notice in the Gazette to be suburban lands:

" Town Lands" and Township Landsn-All lands reserved,

surveyed. and laid out in lots as and for the site of any town

or township:

" Warden "-Any person appointed by the Governor in Council

to exercise the powers and functions conferred on a warden

by this Act:

"Waste Landsm--All lands in the Northern Territory vested in Her Majesty which have not been, or may not here- after Be reserved for, or dedicated to any public purpose, or which have not been granted or lawfully contracted to be granted to any person in fee-simplc, and all lands which

at the time of the coming into operation of this Act may have

become, and which thereafter may become forfeited by reason of any breach in the conditions on which the same have been granted or leased, ox. contracted to be granted or leased:

I

Words importing the singular number shall include the plural, and words importing the masculine gender shall include th9 feminine gender, when not inconsistent with the context.

Divieion of Act. 3. This Act shall be divided into Parts, namely-

PART 1.-Repeal of Acts and regulations: S- 5. 4 -J-

PART 11.-General provisions: S. S. g -2 3 B

PART m,--Selections and sales upon credit: S -S -2 4 - 37

PART IV.-Sales for cash: S.$. ~ 8 - 4 3

*

PART v.-Provisions respecting mining: 4.6 - 7 3

PART	yr.-Provisions respecting pastoral occupation, timber and
stone licences, commonage, pearl, pearl shell, and trepang
fishing: S.$. 74 - fa

l 'aa~ v11.-Provisions respecting lands required for' plantations of

rice, sugar, coffee, tea, indigo, tobacco, or cotton, or for

special purposes: ,f S .a/ - 8 3

PART vr11.-Provisions respecting licensed surveyors: s. S. 84 -92

PART rx.-Legal procedure: ,r - 5. 9 3 -77

PART X.--Miscellaneous matters. S. S -58 ,603 PART

35" & 36" VICTORIB, No, 28.

The Nos thern Territory Land Act.-1872.

'PART 1.-Repeal of Acts and regul a t* ions:

4. From and after the coming into operation of this Act, the Act mentioned in the First Schedule hereto, to the cxtcnt to which the

same is thcrcin ~xprcssed to be repealed, and all rules and regu-

lations made thcreunder shall be, a i d the same is hemby repealed;

saving always all rights, claims, penalties, and liabilities already

accrued or incurred, or in existence: Provided always t.hat no action,

Proviso.

suit, or proceeding, in any court of law or equity already com- menced under or by virtuc of any existing Act, law, or regulation, in respect of any contract already entered into, shall abate, or be waived, prejudiced, or hindered by such repeal, but shall be cnforced and continued to their termination as if this Act had not becn passed.

Certain Acts not to be

5, From and after the coming into operation of this Act, none of the Acts mentioned in the Second Schedule hereto, and none of the

in force in Northern

Territory.

rules and regulations made thereunder rwyectively, shall be of any

force or effect whatever iu the Northern Territory.

Part 1-1 .-Gencral Provisions:

Waste lands, how

6. From and after the coming into operation of this Act, all waste lands in the Borthern Territory shall he sold, demisecl, or otherwise disposed of and dealt with in the mariner ancl subject to the provisions of this Act, and not otherwise.	disposod of.
7. No waste lauds shall be granted, or contracted to, be granted, in fee simple, under the provisions hereinafter contained, before the	Lands to be surveyed,
boforo aelcction.
same shall be surveyed and delineated in the public maps in the Survey Office at Adelaide, and in thc land office a t Palmcrston, or at such other places as the Governor in Council may appoint,
in such sections as nlay be deemed convenient, but 110 one section
shall contain s greater "area than six hundred and forty acres; and a

notice shall be published by thc Commissioner in the Glczette	V
describing gencrallv the lands so survcyed and delineated, and
referring to such m'aps, after which publication the lands rcferrcd	to in such notice will be open for selectior,.

the name and on bchalf of Her Majesty, may grant in- fee simple, exccute land granta. 8. Subject to the provisions of this Act, the Governor, in Govctnor to

or for any less estate or interest, to the purchaser thereof, any

waste lands, which grants s l d l be in such forms as shall from S o f S of lRS i

time to time be deemed expeclient by thc Governor in C'oancil, and (a11.4.

shall be signed by the Governor, and sealed with tile public seal of

the said Province, and bcing so signed and sealed, shall be valid alld

effectual in law to trmsfcr to and vest in any'such purchaser any

such lands as aforesaid so purchased by him.

9. All lcases of waste lands, pursuant to the provisions of this L,..,, c

and lea-

Act, shall bc made by the Governor in the name and on behalf of by	S W.
Her Majesty, and shall bc exemted in duplicate, whereof' onc part
shall be signed by the Governor, and sealed with the scal of the

x x Province,

35" & 36" VICTORIB, No. 28,

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The Northern Territory Land Act.--lts72.

Paar rr.

Province, and the other part shall be signed, sealed, and delivered

by the lessee,

Commissioner em-

powered t o give	10. The Commissioner may, and he is hereby authorized and make, or depute, or authorize any person to make any entry, on waste lands and country lands which shall be requisite or expe- dient to be given or made, by or on behalf of Her Majesty, Her heirs, or successors; and every such notice, claim, or demand, which shall be given or made in writing under the hand of such Commissioner, and every entry which shall be made by such Commissioner or any person so deputed or authorized to make the same, as aforesaid, shall be good, valid, and effectual, to all intents and purposes whatsocver, and shall have such and the like force and effect to all intents and purposes as if the same were respec- tively given or made by Hcr Majesty, Her heirs, or successors.
notices, make claima,	empowered to give any notice, make any claim or demand, and
and authorize entries.
Commimioner em-
powered to distrain	11. The Commissioner, by hiniself, or any person whom he shall for that purpose depute, may make distress for any rent which shall be due, in arrear, or unpaid, from ally lessce, assignee, occupier, or tenant
for rent.
Sec. 4 of 9 of 1853.	of any waste lands; and the g:ods, chattels, aid efl'ects so distrained,
to impound, sell, and dispose of as in ordinary cases of rent in arrcar.
Nonpayment of rent
to work forfeiture of	12 Whenever any selector, lessee, or other person liable to pay the same shall be in arrear in payment of any rent due under any lease of any waste lands or country lands, for the space of thirty days after the day ~vhereon such rent shall have accrued due, he shall thereby absolutely forfeit his .lease, and be deemed to be in unauthorized occupation or possession of the lands thereby demised, and may be proceeded against under Part IX. of this Act, and not be allowed to select land upon credit nor in anywise occupy or becoine a tenant of waste or country lands during a period of two years ncxt ensuing the day whereon such rent shall have accrued due, unless such rent in arrear be fully paid up: Provided, ncver-
lease.
theless, that i t shall be lawful for the overn nor, with the advice and
consent of the Executive Council, to w a i ~ e such forfeiture upon the payment of the rent and a penalty of Twenty-five Pounds per centum thereon, and upon such other terms as may be deemed reasonable.

Governor pant, 13. The Governor in Council may, from time to time, by either for a term of years or in fee, any lands which are or may be deemed to be required for quays, landing places, tramways,

dedicate, or reserve

lands for certain	Proclamation in thc Gazette, reserve, or dedicate, or grant in trust,
purposes.
Sec. 3 of 6 of 1857	railways, railway stations, roads, bridges, ferries, canals, or for thcir
(altered).	respective approaches, or for other purposes, necessarily appertaining to any such works, or for the preservation of water supply, or for reservoirs, aqueducts, or watercourses, or for the use or benefit of the aboriginal inhabitants of the said Northern Territory, or for the sites of market places, abattoirs, public baths, institutions for public education, not being of an ecclesiastical or denominational character, pnblic buildings, public gardens, or experimental farms and parks,

agricultural

35". & 36" VICTORIA$ No, 28. 153

The Northem Territory Land Act.-1 872.

PART 11.

q$cultural and horticultural societies? hospitals, asylums, infirmaries, establishments for the relief of indrgent persons, lock-ups, police stations or paddocks, gaols, places for the interment of the dead, or for public health, convenience, recreation, or amusement, or for forest or mineral reserves, or for any other purpose of public defence, safety, utility, convenicnce, or enjoyment, and for otherwise fncili- tating the improvement and settlement of the said Northern Territory.

public

14. The delineation in the public maps of the said Northern Terri- 2::t ion

tory of any public roads shall be and be deemed to be a sufficient dedication to the public of such roads, anything in the last pre- ceding section to the cofitrary notwithstanding.

15, Whosoever shall, by casting or placing timber, stones, rubbish, or materials, or by any other means, wilfuliy stop, obstruct, or injure served by	Obstruction of road8
any public or reserved road or way, vested in Her Majesty, shall, on
conviction, for every such offence, forfeit and pay a penalty of not less than Two Pounds nor more than Ten Pounds, over and abovc E the expense of removal; and it shall be lawful for the Commissioner, or any person whom he may in that behalf appoint, by writing under his hand, without any warrant, forthwith sum.marily to remove and prevent every such obstruction, at the cost of the party causing the same, to be recovered summarily, as hcreinafter provided.	, , of of 18.53.

16. The Governor in Council may, from time to time, by Pro- Govel.norma~ revoke

Pruclatnation of ro-

clamation in the Guxette, revoke any Proclamation as to the jvhole serves.

or any portion of lands reserved, as mentioned in section 18 of

this Act, and thereupon such lands shall be dealt with as if the samc

had never been reserved as aforesaid: Provided, nevertheless, that

a plan of the reserves intended to be resumed shall be laid beforc

Parliament thirty days before such Proclamation is issued.

published in the Gnxette, declare what parts of the waste lands are landdmay be reserved. 17. The Governor in Council may, from time to time, by notice Town or townahip

to be set apart for the sites of ncw towns or townships, and for

suburbs thereto, and such lands shall thereupon be reserved and designated as town, township, or suburban lands, as the case may be.

l g, The Governor in Council may withdraw any waste lands, Govcrnmcnt may

country lands, town, township, or suburban lands, from selection ,,l, ,rl,,,,.

withdraw lands from

upon credit, sale by auction, or otherwise for cash, and from lease,

for either pastoral or mineral purposes.

19. The Commissioner, notwithstanding anything in this Act con- Exception of mineral

tained, may decline to accede to any application fix selection and lands.

purchase on credit, or for purchase for cash, of any waste lands

known or supposed to contain gold, copper, or any other mineral,

coal, or mineral oil.

20. When any country lands sold upon credit and held under Forfeite%remmed, or

lease, and when any waste lands held nnder lease ulidi t 11111 pro- rowsted lands to Le

,,,,, ,-,,, ,v,,,e

l ~ iq l l I ir&

me Northern Territory Land Act.-1172.

P A ~ 11. visions of this Act, shall be or have been forfeited, resumed, or re- vested in the Crown, under the provisions of this Act, such lands shall be considered waste lands within the meaning of this Act, and such lands may be dealt with as may seem expedient to the Governor

in Council.

Pmt Proclamations	21. Every Proclamation heretofore issued by the Governor, and published in the Gdette, for the constitution of any County or Hun- dred in the Northern Territory shall be deemed and be taken to be legal and valid.
declared valid.

*

Count;ea and Hun-

dreds may be pro-	22. The Governor, by Proclamation in the Gazette, from time to time may declare that the lands in such Proclamation mentioned shall constitute a County or Hundred, and in any such Proclama- tions may define the boundaries of any such County or Hundred, and such boundaries from time to time may altcr and vary, and in such Proclamation shall be mentioned the day from which such Proclamation shall take effect.
claimed.
proceede.
Appropriation of	23. All money received in respect of purchase money, rent, licence fees, or otherwise, by virtue of or pursuant to this Act, shall be carried to the credit of the revenue of the said Northern Territory andapplied to the repayment of the Northern Territory loans and interest, and to the payment of the cost of governing the said Northern Territory and the general improvement thereof.

PART 1x1. PART 111,-Selections and Sales upon Credit:

country *anda be

sold on credit.	24. Subject to the provisions of this Act, a11 country lands shall be open for selection, and may bc sold upon credit at Seven Shillings and Sixpence per acre.
Method of eelection
by written application	25. Any person who may be desirous of purchasing country lands open for selection under this Act, shall apply to the Commissioner in

.a . payment of

depoait.	the form set out in the third Schedule to this Act, or to the like effect, and shall pay, in ready money, at the timc of making such application, a deposit, of sixpence for every acre for which he may so apply.
Land Office to beown
for receipt of applica-	26. The Commissioner shall cause a Land Ofice or Land Offices Territory to bekept open for the receipt of applications for the purchase
tions.	at Palmerston, or at other suitable place or places in the Nmthern
of country land as aforesaid, between the hours of ten and twelve in the
forenoon on such days as may be fixed by the regulations, to be made
in manner hereinafter contained; and shall also cause a box to be
kept in such Land Office or Land Offices in which such applications, '
immediately on receipt, and without being opened or examined, shall be deposited; and such box shall be publicly opened at the hour of noon of each day on which such Land Office or Land Officcs shall
be so open for the receipt of applications as aforesaid, and all appli-
Y. cations found therein shall be immediately examined; and, if it shall appear

35" & 36" VICTORIX, No. 28.

The Northern .Terrztwy Land Act.-1872.

-

appear that there is only one application for any Section of such land, Pasx XI.

the person so applying shall be declared the purchaser, except as here-

inafter mentioned; but if there shall be two or more applicants for ~f more than one

any such Section, the person who shall become the purchaser thereof

a ~ ~ l i c a n t -

shall be determined by lot in manner to be provided by the regula-

tions to be made in manner hereinafter contained.

27. If, on opening the box, as aforesaid, it shall. be found that Receipt for deposit to

there is only one application for any Section of country land, and k i i ~. ~ ~ ~

to pm-

if the amount of deposit is enclosed and the application be in proper form, the applicant shall be immediately thercupon declared the pur- chaser of such Section, and the proper officer shall thereupon hand him a receipt for the amount of such deposit in the form in the Fourth Schedule, or to the like effect; and in case there shall be more applicants than one, such officer shall deliver to the applicant entitled thereto pursuant to this Act a like receipt.

28. If any person shall apply for more than One Section of country Purehasem may dew

land, and shall be declared the purchaser of less than the number of cline the number to take of less Sec- than

Sections of such land for which he applied, he may, by giving notice time applied for.

in writing to the Commissioner, within two days from the date of such

declaration, decline to become the purchaser of any of such Sections.

29. If, at the opening of the box for the receipt of applications Excess of 1,280 acre8

as hereinbefore mentioned, it shall be found that any one person has	~ ~. b e ~ u c c h a f l e d
by himself, or his duly authorized agent, applied for a greate- r area than one thousand two hundred and eighty acres, lie shall uot be entitled to be declared the purchaser on crcdit of any area in excess of such last-mentioned number of acres, but shall pay in cash to the Commissioner the purchase money of the acreage so in excess.

30. Within thirty days after any person shall have been declared Lease to be entered

the purchasw of any country land under the provisions hereinbefore into by purchaser.

contained (unless such person shall have declined to purchasc under

tained in the Fifth Schedule of this Act, shall be drawn up by

the provisions of section 28 of this Act), a lease, in the form con-

the Commissioner, and executed by him in duplicate, and being so executed, shall be left at the Land Office whereat such land was selected; and if the purchaser shall neglect or refuse to execute such lease in duplicate for a further period of fourteen days, or such further time as may be allowed by the Commissioner, the amount paid by such purchaser as deposit, upon making application for such lands, and all his right, title, or interest to or in such lands and deposit, shall be absolutely forfeited, and such lands shall again be open for selcction as if such former application had never been made.

31. The conditions and provisions to be contained in every such Conditions to be oon-

lease shall be the following :- tained in lease.

1. That the term of every such lease shall be ten years, to be computed from the first day of January or July, whichever date may be nearest to the date of the purchaser's application to select: 11. That

YY

The Northern Territory Land Act.- 187%

PABT III. 11, That the lessee will purchase the lands thereby demised at the price or sum of Seven Shillings and Sixpence per acre, and will, liefore the expiration of the said term, duly pay the said purchase-money and all rent due in respect of such lands:

That the annual rent to be reserved in every such lease, for every acre or fraction of an acre comprised therein, shall be the sum of Sixpence, and shall be payable yearly in advance during the continuance of the said term of ten years; and in case of default in payment for thirty days after the day appointed for payment thereof, the lease shall be absolutely forfeited and vacated, and the lands selected, and all improvc- ments thereon, shall revert to the Crown: Provided that the Governor, in Council, shall have power to waive such forfeiture upon payment of the rent in arrear and of a penalty of Twenty-five Pounds per centum thereon, and upon such other terms as he may deem reasonable:

IT. That the lessee will, within six months of the date of his lease, erect and thereafter, during the continuance of the term of such lease, maintain boundary posts or marks at each corner of the boundary lines of the lands comprised in such lease:

v. That the lessee may, at any time during the term of his lease, pay the purchase-money of the lands thereby demised:

VI. That upon payment of the purchase-money, and all arrears of rent, the lessee shall be entitled to a grant of the fee-simple of the said lands:

And such other conditions as by the regulations to be made in

manner hereinafter contained, may be imposed.

No peraon to hold

more than 1,280 acres. 32. Nothing herein contained shall entitle any petson to hold at any one time upon crcdit a larger area of co~mtry lands than one

thousand two hundred and eighty acres; and no person shalI hold, as aforesaid, more than three separate and detached blocks of land; and such area shall, when practicable, be comprised in one block: Provided always that in casc the block selected shall be surrounded

by land not open for selection, so that the area thereof is less than

one thousand two hundred and eighty acres, such person selecting may also select either one or two blocks, until the total of one

thousand two hundred and eighty acres is made up; but if any person

shall be interested, directly or indirectly, at any one time in a larger area than one thousand two hundred and eighty acres of country lands held upon crcdit, he shall thereby be, and be deemed to be guilty of a fraud, upon this Act, and all lands held by him

upon credit, and all moneys paid by him on account thereof, shall

be absolutely forfeited.

LWM W be om- 33. Any person entitled under any lease to purchase any lands

ceUd within twelve under

350 & 36" V~CTORIJE, No. 28. 15'7

The Northera Territory Land Act.-1 872.

--- > - .-- - - ... ..

under this Act, may at any time within twelve months from the date PART

of such lease have such lease cancelled, by giving to the Commis- months ou fOrf&hIg

sioner a written notice of his desire to forfeit the amount paid

by him as deposit, and to be released from such lease, and by sur-

rendering his part thereof, and thereupon such land shall again be

open for selection, and such person shall be entitled to make any

other selection in the same manner as if such lease had never

existed.

34. No person under the age of eighteen, nor any married woman,

except a married woman who has obtained a decree for judicial credit.

separation, shall be entitled to hold, either directly or otherwise, any

land upon credit under this Act, ~mlcss such person or married woman

shall become entitled to such land as the personal rcpresrntativc or

devisee of any selector: Provided that should a wonlan holding land

upon credit subsequently marry, it shall be lawful for her to transfer

the land held by her to her husband, upon his entering into such

agreement as may be rcquircd by thc rcgulations hereinafter men-

tioned,

hold

35. Nothing herein shall prevent any bonn JilSe aljplicant from Nothingshall prevent b o m j d e applicant

employing an agent duly authorized to make application in the name ,,pI,,,, .,,, .

and for the declared use and benefit of such applicant; and a11 con- buy in applicant's nauc.

tracts, agrccmcnts, and sccuritics which shall be entcrcd into, made, all the parties thereto.

or given with the intent of violating or evading any of the provisions certain contractq to

af this Act, shall be and are hereby declared to be frauds upon this b ~ ~ i d.

In certain cases the

36. The Commissioner on being satisfied that any selector has a g r e c m d m a y bc

been guilty of fraud under this Act, or has violated, or failed to per- rcvohd. form any of the conditions contained in or implied by his lease may publish ill the Gnxettc a notice in the form or to the effect of the Sixth Schedule to this ,4ct, which notice shall either before or after	its publication in the Gazette be also served upon the selector, or	posted to his last known address, or the place of residence rnentioneci
in his lease, and during one calendar month following the publica- tion of the said noticc the selector may furnish to tllc Commissioner any documentary evidence that he has not been guilty of fraud under this Act, or has not wilfully violated or failed to perform the con ditions of his lease as alleged in the said notice; and if the selcctor shall not furnish such evidence, or if the evidlence so furnished by him shall fail to prove to the satisfaction of the Governor in Council that the selector has not been guilty of fraud under this Act, or has not wilfully violated or failed to perform the condi- tions of his lease as alleged in the said nolice, it shall be lawtul for the Governor in Council at any time after the expiration of the said month to revoke the said lease and rcsumc possession of the lard therein described; and thereupon no claim at law or in equity under such lease (except as against the selector) shall be made, entertained, or enforced in any Court; but the selector shall be

taken

158 35" & 3f;" VICTORIB, No. 28.

The Northern lkrritory Land Act.-1 872.

Pam	taken to have forfeited all right, title, and interest under his lease, and all money paid thereunder, and to be, as to the land therein described, a mere trespasser; and the production of a copy of the
Gazette containing a notice by the Commissioner of such revocation
and resumption shall be conclusive evidence that such lease has been lawfully revoked, and that the land thcrcin mentioned has been lawfullv resumed.

Belector whose agree-	37. No selector, whose lease shall be so revoked, shall be entitled other land, upon credit under this Act for the space of two years from the date of such revocation, anything hereinbefore contained to the contrary notwithstanding,
ment revoked, not to	Or dlowed to select or become the purchaser of the same or any

be	to d.&
agam.

PART Iv* PART IV.-Sales for cash:

Lands to be Open for

sale for oa*h.

38. Country lands may be sold for cash by private contract for the sum of not less than Seven Shillings and Sixpence per acre.

Special survey.

39. If any person shall apply in writing to the commissioner, pursuant to any regulations made as hereinafter mentioned, for a special survey of ten thousand acres of waste lands, and shall specify the locality of such waste lands, and shall, at the time of making such application, deposit with the Commissioner an amount to be fixed by the Commissioner, as the cost of such survey, such person shall be entitled to have the said waste lands surveyed by the said Commissioner, and after the said survey shall have been made, to purchase the same for cash at the price of Seven Shillings and Sixpence per acre, and the actual cost of survey; and the said Commissioner shall thereupon dclivcr to him, a grant of such lands: Provided always, that the said Commissioner may refuse to enter- tain any such application.

T;wnship lands to be

sol for cash, 40. Town or township and suburban lands shall be sold by auc- tion for cash and not upon creciit'.

'

Governor to fix upset 41. The Governor in Council may from time to time fix an upset lands may be respectively offered by public auction, and may from time to time raise and lower such upset prices: Provided always, that such upset prices shall not be less in any case'than Seven Shillings and Sixpence per acre.

price of town, town-

ship, or suburban	price at which town, township, country, special country, or suburban
landa.

h n d a to be gszetted	42. No land shall be offered at auction until after a	statement
before offered at

auction.

showing the particulars of such land, and the upset price at which it is proposed to offer the same respectively, and the time and place at which such auction will be holden, has been published for four con- secutive weeks in the Gazstte.

Purchase money of

landa sold by auation

43. NO town, township, country, special country, or suburban

lands shall be sold at public auction, unless on condition of the

,h, bo paid,

purchmer

35" & 36" VICTORIB, No. 28.

The Northern Territory Land Act.-1872.

-S-

- -

P A ~ Iv.

purchaser paying at the tize of sale, in ready money, a deposit of Twenty Founds per centum of the purchase money, and of paying the residue of such purchase money within one calendar month next after the date of such sale by auction; and in case of the failure of such purchaser to pay the residue of such prchase money within such one calerldar month, the deposit shall be forfeited, and the sale of the said lands shall be null and void.

PART v.

PART	V.-Provisions	respecting Mining:
Gold Mining:

44. Subject to the provisions of this Act, and of the regulations to be made hereunder, a "miner's right" may be granted by any - Miner'aright. , @ , d'7.3 6

b. d&-

warden appointed under the provisions of this Act to carry out the

powers hereby conferred on him to any person applving for the 1870-71.

Sec. 4 of 26 of

same upon payment of a fee of Five Shillings, and suih right shall

be in the form contained in the Seventh Schedule to this Act.

5. Every such miner's right shall be in force twelve calendar ~~$;;i$~,effect

months from the date thereof, and shall, during the said period, authorize the holder to search and mine for gold upon any waste

lands, and to occupy (cxccpt as against Her Majesty), for the par- sec. c or26	pose of residence in connexion with the object of mining, so much 1870-71.
land as may be prescribed under the regulations aforesaid; and every such holder shall, during the coi~tinuancc of such miner's right be deemed in law to be the owner of the claim which shall be occupied by virtue of such miner's right, and during such con- tinuancc, as aforesaid, a11 gold then being in and upon the said clairn shall be deemed in law to be the absolute property of such holder: Provided that no such search or mining shall be prosecuted or carried on within a radius of fifty yards of any shaft or working then being carried on by any other liccncee or lessee of waste lands
for mineral purposes.

46. A special prospecting licence, securing to thc holder the right ~ ~ ~ $ ~ ~ ~ ~ p ~ ~ ~ ~ ~ g

of search for gold for three months from the date thereof, over all

waste lands comprised within a mineral lease (which lands shd1 be

specified in the special prospecting licence), provided such search is sec. 6 of 26 of

not prosecuted within a radius of fifty yards of any workings being ls70-71. contained in the Eighth Schedule to this Act.

carried on by the lessee, may be issued by the Commissioner after

giving one month's notice to the lessee, upon payment of a fee of

47. Subject to the provisions of this Act and the regulations Businesaliccnce.

aforesaid, any warden may grant a licence to any person applying

for the same, on payment of a fee of One Pound, which licence shall of 26 of

be in force till the expiration of three calendar months from the 1~70-71.

date thereof, and shall authorize the holder to occupy, for the l~ur-

pose of carrying on business upon any gold-field during such period,

much of the waste lands, not exceeding one quarter of an acre in *

ZZ extent

.

The 2LTortiiern Territory Land Act.-1 8 7 2.

extent, as may be deemed desirable by the warden, and for the purpose of such occupation to put up any building or other erection, and at any time to remove the same; and every such holder shall, during the continuance of such business licence, be deemed in law to be possessed (except as against Her Majesty), of the land which he shall occupy by virtue of such licence, and the property in such land shall be deemed a chattel interest, and not a chattel real, and no person shall be entitled by virtue of a business licence to occupy more than one such portion of land; and such business licence shall be in the form in thc Binth Schedule to this Act.

Penalty for unlaw-

fully mining.

48. If any person not holding a miner's right, or licence under this Act, shall mine for gold on waste lands, he shall be liable on conviction to pay for each such offence a pcnalty not exceed-

Sec. 9 of 26 of

ing One Pound for eveyy day he shall so mine, and the burthen

1870-71.

of proving that he is the holdcr of a miner's right, or licence, shall

rest upon him.

Penalty for carrying

on husinesa without

49. Any person not holding a business licence who shall occupy any waste lands for the purpose of business, or shall carry on busi- ness thercsn, shall, on conviction, be liable to a penalty not exceed-

licence.

Sea. 10 of 26 of

1870-71 (altered).

ing Five Pounds for the first such offence, and not exceeding Ten Pounds nor less than Five Pounds for every second or any subse- quent such offence, and the burthen of proof that hc is duly licensed shall rest upon him.

c

Appointment of

warden. 50. The Governor in Council may appoint any persons to be

Sec. 11 of 26 of

wardens, and may from time to time remove such persons, and

1870-71 (altered).

others may appoint in their stead.

Powers of warden.

51. I t shall be lawful for any warden to hear and determine, in a

summary may, all suits and disputes between the holders of miners'

rights, either amongst themselves or in relation to themselves and

third parties, which may arise :-

%c. 12 of 26 of	I. Conccrning any waste lands which any person shall be or claim to be entitled to take possession of or occupy by virtue of a miner's right, and the extent and position of the same, or wherein or whereon any person shall be or claim to be entitled to cut, construct, or use any race, drain,
1870-71 (altered).

darn, or reservoir, for gold mining purposes by virtue of

such miner's right, and concerning any share or interest therein respectively, and of or in which land, race, drain, dam, or reservoir, any other person shall be or shall under any such miner's right or licence claim to be entitled to be in the occupation or possession, or to be entitled to search for such metals or minerals, or to cut, construct, or use any such race, drain, dam, or reservoir, or which shall be alleged to have been abandoned or to have been forfeited under some of the regulations to be made as aforesaid, and concerning

the title to, or possession, or enjoyment, or recovery thereof

by

3fi" & 36" VICTORTB, No. 28.

me Nbrthern Territory Land Act.-1872. ,

by reason of any such abandonment, forfeiture, or otherwise, PART v. *

and concerning any sum claimed in the nature of mesne

profits thereof:

11. Concerniizg any waste lands or shares or interest therein, which the complainant shall claim to be entitled to take possession of and occupy for business, under s business licence, and concerning any trespam or encroachment on any such land:

jlr. Concerning the right which any person shall have or claim to have by virtue of a miner's right, or of any such licence as aforesaid, to the use and enjoyment or sale of any water to which any person shall claim to be entitled, and concerning the rig.ht which any person shall have or claim to have to any priority of water taken, diverted, or uscd, or claimed to

be taken, diverted, or used, under the provisions of any such

Act, as against any other person claiming the same:

IT. Concerning any encroachment or trespass upon any such land, race, drain, dam, or reservoir as aforesaid, and con- cerning the diversion or abstraction of any watcr possessed or used under a miner's right, or under any such licence as aforesaid, of which land, race, drain, dam, reservoir, or water, any person shall be and shall claim to be entitled to be in the occupation, possession, use, or enjoyment, for mining purposes, and concerning any unlawful interference therewith 07: injury thereto, whether wilful, or by negligence, or wrongful omission, causing darnage thereto, and whereby mining shall have been hindered or delayed, or any machinery on any such land damaged, or thc supply of water, any person shall be lawfully entitled to, shall be lessened, and concerning the unlawful onster or exclusion of any person from any share or interest in any such land, race, drain, dam, reservoir, or water, and concerning the damages and compensation for any such encroachment, trespass, ouster, diversion, abstraction,

interference, or injury:

v. Conccrning or out of any contract, written or verbal relating to mining under a miner's right or licence as aforesaid, or respecting any such land or water as aforesaid, or any share or interest therein, and concerning any debt or money due in respect of any such contract:

vr. Concerning any gold in or to be taken out of any land occupicd or held as aforesaid, or out of lmd in which any person shall be entitled to search for gold under any such licence as aforesaid, and concerning or out of any contract relating to such gold, or to any money due in respect of the same, or relating to any share or interest therein:

WI. Concerning or out of any contract, respecting the using for

mining purposes of any such land, race, drnin, dam, reservoir,

or water as aforesaid, or otherwise in relation to gold mining

on

162 35O & 36" VICTORIB, No. 28.

The Northern Territory Land Act.-1 87 2.

PART v.

C___

on waste lands occupied under miners' rights or licences, and

concerning any money due in respect of any such contract:

VIII. Concerning or out of any partnership or agreement in

the matter thereof, written or verbal, relating to mining in

any waste lands occupied under a miners' rights or licences as aforesaid, or for or in relation to the searching for any such gold, or concerning or out of any partncrship in any such land, water race, drain, dam, reservoir, gold, or con- cerning or out of any contract for or in connexion therewith, or for dissolving in the whole or in part, any such partner- ship, or which may arise between tenants in common or joint tenants in relation to any such land or water, or in any share or interest therein:

IX. Concerning disputed or confused boundaries, and fixing the boundaries in dispute, whether there may exist or not, the circumstances required by a Court of Equity to grant a decree for the settlement of bouhdaries, and the warden may ascer- tain such boundaries by such means as shall be found con- venient, and shall decide about the same, and shall makc and give all such orders and directions as shall be necessary for the purpose of carrying out such decision:

X. Generally concerning all questions and disputes which may

arise between miners holding miners' rights or licences in

relation to mining on waste lands;

And the jurisdiction hereby given to the warden shall extend not only to cases where the litigants shall be the parties originally interested in the cause of suit; but to cases where the title of any such litigants shall be derived as assignee or personal representative or otherwise, from or through any of such parties, and in exercise of his jurisdiction, cvery such warden may make such order as

may be just, according to equity and good conscience, and without regard to any rule of law affecting form only, and in every case	may award such reasonable costs to be paid the successfbl party as
he may deem fit.

Warden to exercine	52. Every warden, so long as hc shall continue to hold his office, shall have and exercise within the limits of the gold-field or gold- fields of which he may be appointed warden the same powers and
powers
Peace. Of JUBtice
sea13 of 1870-71.	authorities as a Justice of the Peace for the said Province.
Mode of proceeding	53. The mode of proceeding in any complaint before the warden shall be as follows :-The person complaining shall lodge a plaint note with the warden, in the form in the Tenth Schedule to this Act,
before wanlen.
Sec. 14 of 1870.,1	specifying therein shortly the subject matter of the complaint, and
(altered).	the remedy sought to be obtained. Upon receipt of such plaint note the warden with whom the same is lodged shall give notice in the form in the Eleventh Schedule to this Act, by post or otherwise, to the party complained against of the nature of the complaint, and the time and place at which the same will be heard and determined. At the time

and

35" & 36" VICTOItTX, No. 28. l 6 3

T%e Northern Territo~y Land Act.-1872.

PAXT v.

and place appointed the parties shall attend either in person, or

by attorney, or counsel, and state their case before the warden, and

mav call evidence on oath, which oath the warden is hereby autho- rized to administer, and the wardcn, having heard such statement and evidence, shall give his decision, and such decision shall be f ind and conclnsivc: Provided that the warden shall have power to adjourn the hearing of such complaint to m y other time or place, and may, either at the original hearing, or at any adjournment, proceed in the absence of either party.

54. I t shall not be necessary that any order or decision ~nade by Decision need not Le

the warden shall be formally drawn up in the first instance, but the in writing.

record in the warden's book, which he is hereby required to keep

f'or the purpose, shall be sufficient cvidcnce of the making of any

such order, and of the terms thereof, and either party to a mit shall

be at liberty to obtain a copy of record therein on payment to the

warden of a fee ot Two Shillings and Sixpence.

55. The warden, upon the hearing of any cornslaint that any gold Warden may order

has been unlawfully taken or removed from the claim of any person gold to be seizcd.

encroached or trespassed upon, and upon proof' thereof, of which

proof the record in the last preceding section mentioned shall bo

sufficient evidence, may cause any sue6 gold to he summarily seized

and delivered to thc person encroached or trespassed upon, and may also cause the whole or any part of the damages fixed by the warden in respect of such trespass, to an amount not exceeding Fifty Pounds, to be paid by the person so having encroached or trespassed, to be recovered by distrcss and sale of the goods and chattels of' such person in manner prescribed by law f'or the recovery of any sum adjudged by Justices of the Peace as a pecuniary penalty or corn- pensation: Provided that no person shall be imprisoned for default

ill payment of such damages for a longer period than three months: -n

1 rovided also that nothing herein contained shall prejudice the right

of any person to rcsort to any remedy which he may already have at

law or in cquity.

56. Every person who shall assault or resist any warden, or any Procction of warden.

person duly authorized by him, whilst in the execution of any

duty under this Act, or who, after the hearing and determining

of any complaint as aforesaid, and having had the boundaries of his claim or his mode of operation pointed out by such warden, shall again cncroach or trespass, or who shall work or attempt to work any claim or ground, or pursue any operation the working or pursuit of which shall have been duly enjoined or suspended under this Act. or whs shall be guilty of any contempt of the proceedings before the warden at any sitting, shall be liable to a penalty not exceeding Twenty-five Pounds, or, at the discretion of the adjudi- cating warden, be imprisoned, with or without hard labor, for any period not exceedinp three months, and the warrant of commitment therein may be in the form in the Twelfth Schedule to this Act: Pro-

vided always that a warden shall not adjudicate in any case in

which he may be interested. Copper

AAA

The Northa ~erritoqt Land Act.-1872.

FART v. Copper and other Mineral Mining:

Lands may bo l e w d 57. Waste lands may be leased, in blocks not exceeding six

for mineral pwpoeee hundred and forty acres, for the purpose of mining for anv mineral

for yellD.

or metal, except gold, for a period not exceeding fourteen- years, at

an annual rental of Two Shillings and Sixpence per acre, with a

right of renewal for two further periods of fourteen years, on pay- ment of a fine on each renewal of not more than One IIundred Pounds per acre of the land so leased.

Lessee mny determine 58, Every lessee shall have power to determine the lease on giving

Icase.	three calendar months' notice in writing to the Commissioner.
Renewal of Icaae.	59. Any lessee desirous of obtaining a renewal of his lease shall make application to the Commissioner for at least twenty- four calendas months before the expiration of the current term of such lease; and in defadt of such application the riglit of the lcssee to a renewal shall be forfeited.
Fine on renewd.	60. Thc amount of finc hcreinbefore made payable on any renewal shall be fixed by the Governor in Council, at least eightecii calendar months before the expiration of the term of the leasc.

Leases shall be in the form in the Thirteenth Schedule to this Act, or to the effcct thereof, and shall be by deed, and each lease shall

61,

f i r m of leaso.

be in duplicate, one part whereof shall be signed by the mid Governor

and be sealed with the seal of the Province, and the other part shall be signed, sealed, and delivered by thc lcssee, and shall bind such lessee, his heirs, executors, administrators, and assigns, to occupy, mine, and work the said land, and thc inincrals and metals therein and thereunder, under m d subject to the conditions, and stipulations, a ~ d clauscs of f~rfeiture as are set forth in the Fourteenth Schedule to this Act, and such conditions and stipulations shall be inserted in every such lease.

Surrendered, for-	62. On surrender of any such lease, and on the forfeiture of
feited, and cxpircd

leases to be oEered at	any such lease, and on the expiration of any such lease as in the
auction.	last preceding clausc meutioned, a lease of the lands comprised therein shall, within six months after the date of such surrender, be offered for sale by public auction to the highest bidder, of the time and place of which sale at least one calendar month's notice shall be given in the Gazette, and in case such lease is not sold the land comprised therein may be treated as waste lands.

Court may declare E?. If the rent reserved in any such lease be not paid y carly in

leaseavoidin certain advance, or if three men for every block of land leased be not events.

employed far at least six months in each year of the term of the lease in working on the land leased and in searching for or raising ores, or if the lessee shall permit any portion of the land to be occupied for other than mining purposes without the permission in writing of the Commissioner, such lease shall be liable to forfeiture, and the lessee 01 occupier may be proceeded against in manner provided by section 94. 64. The

35" & 36" VICTORIB, No, 28, 165

The Northern Territory Land Act.-1872.

64. The Commissioner may grant licences to applicants to search for and remove mlnerzlls and metals, except gold, from waste lands, L~ceneee PART v-

may be

every such licence shall be in force for the period of twelve :g:.",: sear'hf0r

nionths from the datc thcrcof, and shall authorize the person therein named, his assigns, licencees, servants, and workmen, during the currency of such licence, to mine and work the land described therein, and to remove and carry awav such minerals and metals therefrom; and such licences may be kern time to time renewed, subject to the provision in the nest clause contained, for twelve months.

make application for a lease of the land described in such licence, right to lease. 65. The holder of any licence shall have a preferential right to Licencce tohave prior

and no lease shall be granted of such land to any other person except after reasonable notice to the holder of the licence; but no renewed licence shall bc grantcd after an application has been mitde f'or a lease of the land described in such liccnce.

portion of the lands comprised in any such lease for the purpose of samed for tuwnships. 66. I t shall be lawful for the Governor in Council to resume any Lands Inay be re-

laying out a township, or other purpos? of public convenience; and at any salc that may be made of any of the lmds so resumed, the right of working for minerals shall hc reserved to the Crown f'or the benefit of the lessee from whom the land so sold may have been resumed.

Occupation Licences:

67. The Commissioner may grant to any bond Jidz miner, or Occupntion licences

other person actually cngagcd in mining pursuits, a liccncc to ,i,,,,~

may be granted to

occupy, for the purpose of residence only for himself and his f'mnily, any portion of the wastc lands, not exceedmg in extent half an acre, and such licence may be for such period not exceeding seven years, and at such annual rent, payable in advance, not exceeding Ten Shillings, as may be prescribed by the regulations to be made under this Act; and such licence shall be transf'crable and may be

renewed until such land shall be alienated in fee simple or be

resumed by the Crown for public purposes: Provided that in respect

to any laiids held under a mineral lease, 110 licence shall be granted

without the consent of the lcssee.

68. When any land included in any licence so granted as afore- nctermiuation of

said is sold or alienated in fee simple from the Crown, or set apart i,,,d.	licence on sale of
for any public purpose, during the term for which such licence is granted, the licence shall thereupon cease, but the lkencee shall be entitled to such compensation ss the Commissioner may consider
just for the loss of so much of the said term as may then be
unexpi~ed; and if such laml is sold or alieaated in fee simple the value of any improvement made thereon, shall be paid to such licencee by the purchaser of the fee-simple.

69. Any mineral lease to be issued shall contain a provision to the ~ ! ~ ~ ~ n ~ ~ i ~ ~ $:

effect that occupation licences, as last aforesaid, may be issued for ra l leara ,

the

36" VICTORIB, No. 28.

The Northern I'er~ito ry Land Act.-1 87%

PART - the lands denlised by such lease, or any part thereof, under regu- lations to be made as hereinafter provided.

Penalty for residing

70, If any unlicensed person shall reside on any such lands as such lands after the expiration of his licence, whether by effluxion of time or by any other determination thereof, he shall, on conviction thercof before any Special Magistrate or two Justices of the Peace far the said Province, forfeit and pay a penalty of not excet ding Ten Pounds for such offence, and the proof that such person is the holder of a valid existing licence shall rest upon him.

on waste lands with-

aforesaid. or any person having been licensed shall hold over any

out	a d
holding over.

General matters:

Pena'Ly

miner's rights, for forging or 71, Any person who shall forge any miner's right, licence, or lease, or any occupation licence issued or pnrporting to be issued under the authority of this Act, or fi*auclently use, utter, or exhibit m y such fbrged miner's right, licence, or lea&, or a n y occupation licence, knowing the same to be forged, or fraudulently personate the holder of any such miner's right, liccncc, or lease, or any such occupation licence: shall be guilty of' felony, and, on conviction, he shall be liable, at the discretion of the Supreme Court, to be imprisoned for any term not exceeding ten years, +ith or with- uut hard labor, and with or without solitary confinement; and any person wlio s l d l fraudulently use or exhibit as his own any miner's right, licence, or lease, or any occnpatioil licence belonging or granted to any other person, or use or exhibit as a valid miner's right, licence, or lease: or occupation licence, any miner's right, licence, or lease, or any occupation licence, which shall have expired, shall be deemed guilty of a misdemeanor, and, on conviction thercof, shall be liable, at the discretion of the said Court, to be irnprisolied for any term not exceeding two years, either with or without hard lebor.

occupation licences.

Provisionsof KO. 6 7.2. The provisions of the Ordinance No 6 of 1850, intituled " To facilitate the performance of

of 1850 to apply to	the duties of Justices of the Peace, out
proceedings before

warden.

of Sessions, with respect to summary convictions and orders," or of

any Ac t hereafter to be in force relating to the duties of Justices

with respect to summary convictions and orders, shall apply to all

proceedings before the warden, duly holden pursuant to this Act.

Appeals. 73. Therc shall be an appeal from any order, conviction, judg-

ment, or decision of any warden, whiah appeal shall be to the

nearest Local Court of Full Jurisdiction; and such appeal shall be

conducted in manner provided by Ordinance No. 6, o f 1850.

PART	PART	VI.-Provisions respecting pastoral occupation, timber and
stone licences, commonage, pearl, pearl-shell, and trepang fishing:

Pastureltmesmay be 74. The Governor may demise, for any period not exceeding

grantea to Ihe first

applicant therefor. t wenty-five years, for grazing and other pastoral purposes, any

waste

35" & 36"ICTOR'IB, No. 28.

The Northern Territoru Land Act.-1872. U

PART VI.

waste lands, to the first applicant therefor, without previously offering the same for sale by public auction, and may reserve in

any such demise such rent payable in advance, and may insert

therein such conditions and clauses of forfeiture and of resumption as shall be prescribed by any regulations hereinafter authorized to be made touching waste lands delnised for grazing and other pastoral purposes: Provided that, if any such demise shall terminate, either by effluxion of time or otherwisp, the land comprised therein shall not be relet for pastoral purposes without a lease of the same having been first offered to the person bidding the highest rent for the same at public auction.

75. The Govcrnor, if he shall think fit, whenever any lease for pastoral purposes shall have been determined by reason of the land out auction.

ihcreby dernised having becn included in any ~ u n d r e d, may grant annual leases for pastoral purposes of the land demised by such lease to the former lessee thereof, or his assigns, during the residue of the term by such lease granted, without such land having been first offered on lease to the person bidding the highest rent for the same at public auction: Provided that cvery such annual lease shall bc subject to the rights of commonage of purchasers of land within such Hundred as the same rnzly from time to time be declared by any regulations to bc issued under authority of this Act: And provided to	cc"ain	be paid	improvementa	for.
further, that the person beneficially interested in the lands thus resumed shall be paid out of the General Rcvcnuc of the said Northern Territory for any wells, clams. and reservoirs which may have been made during the term of such lease, and which may be of a prmanent character and increase the carrying capabilities of the lands comprised therein, and the value of such inqxovernents shall be decided by some person or persons to bc appointed by thc Governor in Council, and such valuation on being confirmed by the Governor, shall be forthwith published in the Gnzettc.

76, The Commissioner shall, by notice in the Gazette, once in every year, declare the proportionate number of' great cattle and Commonage.

sinall cattlc which may be depastured on waste lands (not being

lands which have bccn leased for grazing or other pastoral purposes) in respect of any given number of purchased acres, whether the same shall have been purchased on credit or for cash, under the provisions of this Act; and every such notice shall regulate for the then ensuing year the proportion of cattle to be so depastured by the occupiers of such purchased land, six head of small cattle being deemed equal to one head of great cattle; and the occupiers of such purchased land, and no other persons, shall be entitled to depastnre cattle on such waste lands, in the proportion aforesaid: Provided that nothing herein contained shall prevent the sale of any part of such waste lands, nor affect the enjoyment of the purchaser or oceu- pier thereof when purchased.

*

77. No person shall be entitled to soch commonage or pasturage Declaration to entitle

mtil he shall make, and afterwards deposit with the Commissioner a

BBB. declaration

The Norei~ern Territory Land Act.-1872.

PABT W. declaration of the number of purchased acres lawfully occupied by

of him in the form contained in the Fifteenth Schedule to this Act; and

altered.	particulars contained in such declaration shall, from time to time, be published in the Gazette for general information; and any person knowingly making: any false statements in any such declaration shall, on conviction for every such offence, forfeit and pay a penalty or sum of not less t da i Fifty Pounds nor more thail 6 n e Hundred Pounds.
Timber cutting,
stone and salt, carting	78. The Commissioner may grant to any person, for any period not exceeding twelve calendar months, a licence to cut, fell, and remove any timber growing, lying, or being upon any waste lands, or to remove, take, and carry away any salt, stone, sand, gravel, or other material from any such waste lands upon payment of such fee as the Governor in Council may fioin time to timc fix.
licence.

Pearl, pearl-shell, and 79. The Cornmissioner may grant licences lo fish for pearls, pearl-

trepang ikhing.

shell, ancl trepang, on such terms and conditions as the Governor

in Council, by regulations, may from time to time fix.

Penalties for injuring

80. Any person who shall injure, fell, dr destroy any tree or any timber lying or being on waste lands, without a valid licence, or other lawful authority in that behalf; and any person who shall -

or removing t~mber on

waste lande, without	sapling growing on waste lands, or shall cut, saw, remove, or sell
licence.

~ ~ l ~ of unlawfully remove and take away, or sever, excawte, quarry, or dig ~ f ~ l ~ ~ ~ ~ ~ ~ l

metals and etono	for, with intent to remove ailcl take away, any metal, or ore con-
from waste lands.
taining metal, or any stone, sand, gravel, or other matcrial from any waste lands, without a valid licence, or other lawful authority in that behalf, shall, on convictiun, forfeit a r~d pay a penalty not exceeding Five Founds, including costs, or be imprisoned with hard labor fo r any period not exceeaing two calendar months for each such offence; and it shall be lawful for the Commissioner, or any person authorized by him, or for any police constable, to apprehend
forthwith to take such person before any two Justices of the Peace, any person found committing any offence against this clausc, and
to be dealt with according to law.

PART YII.	PART	VII.--Provisions respecting lands required for plantations of
rice, sugar, coffee, tea, indigo, tobacco, or cottoii, or for special purposes:

for plants-

tions.

81. Whenever any applicant for selection of country lards shall state in his application that he intends to use the land applied for in the cultivation of rice, sugar, coffee, tea, indigo, tobacco, or cotton, any or all of them, or any other merchantable tropical or semi- tropical production, he shall be allowed to select a block of country lands in area not less than three bundred and twenty acres, nor more than one thousand two hundred and eighty acres, at an annual rental of Sixpence per acre, payable annually in advance; and,

in case any applicant so selecting such land s h d prove to

the

35" & 36" VICTORIB, No. 28.

The Northern Territory Land Act.-1872.

the satisfaction of the Commissioner, within thirty days after	P A ~	v m
the expiration of five years from the date of his application, that hc had at the expiration of two years from the datc of his appli- cation cultivated in a husbandlike manner one-fifth of the entire area of land selected by. him with any of the aforcsaicl productions, and that after such second year he has annually cultivated in a similar ha~sbancilike manner an additional one-tent11 of the entire area of his said land, a:d that at the expiration of the said term of five years he had one-half of the entire area of' land selected under cultivation with any of such productions as aforesaid, and that the whole of such land is enclosed with a fence, wall, or permanent hedge, he shall be relieved, on application for his land grant, from any further payment, and the money theretrrfore paid as rent shall be and be deemed to have been yayrnerlt of the purchase- money, and the Governor shall thereupon execute a grant to such applicant of the laild; but in all other respects, before the proof' by this scction required shall have been given, and the said land grant executed and delivered to such applicant, he shall be liable to the same conditions and covenants as any other selector under the provisions of this Act: Provided that any two or more selectors may au~algamate their selections and cultivate the land selected by them either in copartnership or as a registered company, subject, how- ever, to the sarnc regulations and conditioiis as apply to individual selectors; and provided also that before any such relief shall be grantcd, or land grant bc executed, notice of the application for the same shall be published in the Gazette for one calendar month.

82. No application under the last preceding clause ehall be T l n ~ within which

application to be

allowed after the first day of January, one thousrtnd eight hundred reCei,,d,

and seventy-six.

83. The Governor in Council may lease for special purposes any purposes. LCWS for special

portion of waste lands to any person or cornpany for any special

purpose, such as for the erection of wharfs, storehouses, slips for	building or repairing ships and other vessels, baths, works for
supplying water or gas to any town, and for any other special purpose which the Governor in Council may consider beneficial to the interest of the public: Provided that the terms of lease shall not in any case exceed twenty-one years, and that every such lease shall, in addition to the covenants prescribed by the regulations to be made under this Act, contain a stipulation or con- dition that such lease may at any time be revoked on the Commis- sioner giving six months' notice and paying the value of the improve- ments, and that the annual rent shall in no case be less than One Pound per acre.
PART provisions respecting licensed surveyors:

84. The Commissioner may appoint, without salary, for the pur- Commiaaionerto appoint lictnsed

poses of, this Act, fit and proper persons, whose qualifications for the office shall have been ~atisfactorily ascertained, to be termed Liccnscd

Surveyors.. 86. Surveys

1 35" & 36" VICTORIB, NO. 28.

The Northem Territory Lsnd Act.-1872.

PART v m. 8.5. Srwveys of the boundaries of runs, and surveys of sections

~overument will of waste lands intended to be dcmised, for mineral purposes, being

accept surveys of

licensed surveyors. made by such Licensed Surveyors, shall, on verificatGn, h e accepted by the Commissioner, and adopted in all questions betwecn the Government and the occupiers of any demised land, and between the occupiers themselves of any demised land, as the correct boun- daries of such runs, or the correct surveys of such sections.

Licensed surveyor 86. In the event of the lessee of a run objecting to the employ-

objeqted to, survej 'or

to be named by	ment by the lessee of the adjoining run of any particular licenscd
Commissioner.	surveyor to lay down a disputed boundary, such lessee shall make application to the Commissioner, with a statement of thc reasons for such objection, for another licensed surveyor to be nominated by the Commissioner to lay down such disputed boundary; and the Commissioner, should he conceive such objection to be founded on proper grounds, shall nominate some other licenscd surveyor, whose decision, after verification, shall be final: Provided that such licensed surveyor shall define the bounciaries of runs, according to the priority of application for leases of such runs, and shall have regard to the natural featurcs of the country as particularly set forth and delineated in the plans annexed to such leases, and according to which they were originally claimed.
burveyore to be

examined prior to 87. 8urveyous, applying to be licensed for the purposes of this

issue of licence. Act, shall submit to an examination by persons appointed by the Commissioner, who shall inquire into the qualifications of such appli- cant, and shall also, if necessary, require from such applicant testi- monials of good character and ability.

Surveyors to make 88. Such surveyor, prior to receiving a license, shall make a

declaration.	declaration, on oath, before one of Her Majesty's Justices of the Peace for the said Province, in the form annexed in Schedule sixteen to this Act, that he will pcrform all surveys entrusted to him with
strict impartiality.

Licence to be 89. Every surveyor, on making such declaration, and having

furnished.

been duly recommended for a licence, shall receive a licence accord-

ing to Schedule seventeen to this Act.

Fee to be paid.

90. Every surveyor shall pay the sum of Five Pounds for such licence aforesaid.

Fees to surveyors.

91. It shall be lawful for any licensed surveyor to charge and receive from such party or parties making application for such sur- veys, such fees as are provided for in Schedule eighteen to this Act.

Licence may be re- 92. It shall be lawful for the Commissioner to revoke such licence

voked. at any time, by notice in the Gazette.

PART IX. PART rx.-legal procedure:

- Any unauthorized oc-

wrier u & r. p s , 93. When any person shall occupy, or be in possession of any waste lands, under or by virtue, or under color of any lease which

35" & 36" VICTORIB, No. 28. 171

The Northern Territory Land Act.-1872.

is void, or has expired, or become forfeited, or has been revoked. ~ A R T ]X-

under or pursuant to this Act, or shall remain in unauthorized merit which has been revolrad, may bc dis-

posssssed. person authorized by the Commissioner may apply, upon an infor- mation to be laid by him, in the form or the eEect set out in the Nine- teenth Schedule to this Act, to any Justice of the Peace for the said Province, such Justice shall issue a summons in the form or to the effect set forth in the Twentieth Schedule to this Act, calling upon the occupier of such lands to appear, at a time and place in the Northern Territory to be therein spccificd,beforc a Local Court of Full Jurisdiction, who may hear and determine the matter of such infor- mation in a summary way, ex parte or otherwise; and, upon proof to the satisfaction of the Local Court, at the time and.place so specified, or at any adjourned hearing of the said complaint, that the lands referred to in such summons arc held under or by virtue, or under color of a lease, which is void, or has expired, or has become forfeited or has been revoked, and that such lands are in the unauthorizcd possession or occupation of the person summoned, a warrant shall be issued by the Special Magistrate in the form or to the effect set forth in the Twenty-first Schedule to this Act; and every constable or bailiff, to whom such warrant is directed, may forthwith execute thc same, according to the tenor and exigency thereof, in the same manner

occupation or possession of such lands, and shall refuse or neglect to

deliver up posscssion of the same to any person authorized by the

as any warant of possession or writ of haliere facicrs posscssionem may now be executed by virtuc of any law existing at the present

time in the said Province; and the jurisdiction of such Local Court shall not be taken away or deemed to be ousted by any claim of title, question of property, or suggestion of right, whether made

bond fidc or otherwise, which may be raised by the occupant at any

such hearing as aforesaid, but all matters relevant to, and arising out of the information laid as aforesaid, shall be heard and finally determined by such Local Court.

94. The Comrnissioner may adopt any mode of procedure far Summary pracecdings not to prejudice other

recovery of possession of waste lands hcrcinbcfoic prescribed. remedies.

95. In any action, suit, or proceeding under this Act, the aver- On~probafidi.

ment that any lands are waste lands shad1 be sufficient without proof of such fact, unless the defendant prove the contrary; and if any question shall arise whether the defendant was authorized to do the act complained of, the proof thereof shall lie upon such defen- dant; and all licences, certificates, maps, plans, and oflicc copies certified as true under the hand of the Surveyor-General of the said Province, or of the proper officer of his department, 01 of the Com- missioner, shall. in all matters relating to the said respective offices, be sufficient evidence without production of original records, and without the personal attendance of such officers, or proof of their signatures.

96. Every proceeding under this Act for the recovery of the Proceedings taken under Ordinanoe to be

ccc possession s ,f 1550.

35" & 36" VICTORIB,, No, 28. "-

me 2torthet-n Territory Land Act.-18% 2.

-

possession of any waste lands as aforesaid, where no other method of ~roceeding is by this Act provided, shall, subject to the provisions of this Act, be had and taken, and all other proceedings, informa- tions, and summonses under this Act may be heard and determined in a summary way by a Special Magistrate or two Justices of the Peace for the said ~rovince,u~ider the provisions of an Ordinancc of the Governor and Legislative Council No. 6 of 1850, To facilitate the performance of the duties of Justices of the Peace out of Sessions with respect to summary convictions and orders," or of any Act here- after to be in force relating to the duties of Justices with respect to summary convictions and orders; and all orders under this Act may be enforced as in the said Ordinance, or in any other Act is, or shall be provided.

Not to affect other

remedies. 97. Nothing herein contained shall be construed to take away or affect the right of the Crown, or of the said Commissioner, or of the Government of the said Province, to distrain for any rent, which may at any time be in arrear, or to take any other proceeding for enforcing the payment of such rent, or for the recovery of the possession of any waste lands.

PART X. PART X.-Miscellaneous matters.

Unbranded wild cattle

belong to the Crown. which shall at any time be running and fceding on any waste 98, All unbranded wild cattle above the age of twelve months

lands, and which shall have no reputed or apparent owner, shall be

and shall be deemed and taken to be the property of Her Majesty;

and it shall be lawful for the Commissioner to cause the same to bc sold and disposed of by auction or by tender; and thc purchaser of such cattle, on obtaining the written authority of the Commis- sioner for that purpose, shall bc at liberty within two months nest after the date of such authority, with necessary and proper assistance, to take possession of such cattle, and for that purpose to enter upon

any waste lands where the same may be running or depasturing.

Injuring or removing 99. Whosoever shall wilfully deface, injure, destroy, or remove

land..rnarka.	any survey-picket or other land-mark, placed, erected, or being on waste lands: without the leave of the person authorized to grant such leave, shall, on conviction, for every such offcnce, forfeit and pay a penalty of Tcn Pounds.
Pcnaltics for the m-
authorized occupation	100. Any person, unless claiming under a sale, lease, or licence behalf of I3er Majesty, who shall be found unlawfully occupying any waste lands, either by residing or ' ~ y erecting any hut or building thereon, or by clearing, enclosing, or cultivating any part thereof, shall be liable, on conviction thereof, to the penalties follow- ing: that is to say-for the first offence; a suk not exceeding Ten Pounds; for the second offence, a sum not exceeding Twenty Pounds, nor less than Ten Pounds; and for the third or any subsequent offence, a sum not exceeding Fifty Pounds, nor less

a	,	.	of waste	frsm Her Majesty, or from somc person acting in the name and on
lands.

than

The Northern Territory Land Act.-l Y 72.

than Twenty 'Pounds: Provided always, that no information shall

PART X.

be laid for any second or subsequent offence until the expiration of

fourteen clear days from the date of the previous conviction.

10 1. Any person who shall unlawfully depasture any cattle upon Penalties for unlan-

any waste 'lsnds shall be liable, on conviction thereof, to the fully depasturing.

penalties following: t,hat is to say-for the first offence, a sum not

exceeding Five Pounds; for the second offence, a sum not exceed-

ing Ten Pounds; and for the third or any subsequent offence,

a sum not exceeding Fifty Pounds.

102. If any cattle shall be found trespassing upon any waste Powert0imp0"nd cattle t~espassing.

lands, it shd l be lawful for the Commissioncr, or for anv person auth&ed by the Governor or Commissioner in that behak,'either wnerally or in the particular case, to impound the cattle so trespass-

P mg, to be dealt with according to law.

103. Declarations under this Act, may be made and declared before R-JW declaration a

hisdcmennor.

the Commissioner, Justiccs of' thc Peace, notaries public, cornmis- sioners for taking affidavits in the Supreme Court, and such other persons as the Governor in Council may appoint under this Act for that purpose; and if any pcrson wilfully make any false statement in any declaration made in pursuance of this Act, he shall be guilty of a rnisdemeanor, and shall be punishable as if guilty of wilful and corrupt perjury.

104. The Governor may, if hc deems it desirable, pay or cause Governor may order'

to be paid out of the public funda of the Northern Territory, the paid fmm Treuurg.	coats of suits to be
costs or charges of any suit or action which shall or may be brought by or against any Commissioner, Justice of the Peace, Constable, or other person acting under the authority and in the execution of this Act.

105. All actions for anything done under this Act shall be corn- protectionof persons acting in execution

menced within twelve calendar months after the cause of action shall ,fthig A C ~.

have arisen, and not afterwards; and notice in writing of such

action, and the cause thereof, shall be given to the defendant one

calendar month at least before the commencement of the action;

and in every such action the defendant may plead the general issue

and give this Act and the special matter in evidence at any trial to

be had thereupon; and no plaintiff shall recover in any such action

if tender of sufficient amends shall have been made before such

action brought, or if a sufficient sum of money shall have been

paid into Court after such action brought, by or on behalf of the

defendant, together with thc costs incurred up to that time.

106. All penalties, fines, and forfeitores incurred or imposed Appropriationdfinea and fees.

under this Act may be sued for and recovered by the Commissioner, and when recovered shall be applied as directed by section 23 of this Act.

107. The

The Northern Territory Land Act.--1872.

PABT X, 107. The Governor in Council may make and publish such regu-

Ge~erd power

mske regulations. lations as to him shall seem meet for fully and effectually carrying out and giving force and effect to the various purposes, provisions, powers, and authorities in this Act contained, and may from time to time alter, rescind, varj-, and amend the same, or any of them, and make other regulations in lieu thcreof, for more fully and effectually carrying out and giving force and effect to such provisions, powers, and authorities; and every regulation, when published in the Gazette, shall have the force of law.

evidence

in certain cases. 108. The production of the Gazette, in which shall be published any proclamation or regulation under this Act, shall be deemed and taken to be primd facie evidence in all Courts of Justice in the said Province, of all such facts and circumstances as were or shall be necessary to authorize the issuing of any such proclamation, or the making of any regulation or by-law.

In the name and on behalf of the Queen, I hereby

assent; to this Bill.

JAMES FERGUSSON, Governor.

SCHEDULES

The Northern Tewitory Land Act,-187 2.

SCHEDU LES REFERRED TO.

FIRST SCHEDULE.

Clause 4.

l I I

Number of Act. Title of Act. Extent of ltepcd,

I I

No. 23 of 1863 An Aot for regulating the sale and other disposal of Sections 8,9, l l, and so

Waste Lands of thc Cvown lately annexed to thc	much of section 14
Province o f South Australia, and fur other pur-	as reqnircs a copy of
poacs	ill1 rcgulations made under the authority of the Act to be laid bofore Parliament.

l

SECOND SCHEDULE.

Clause 5.

Number of Act. Title of Act.

l

No. 9 of 1853 h Act to regulate the occupation of Crown Lands in South

Australia.

I n Act for regulating the sale and othcr disposal of Wastc Lands

belonging to the Crown in South Australia

No. 18 of 1858	I n Act to amend 'LThe Waste Lande Act"
No. 20 of 1858	h Act for an Assessment on Stock, and for other purpo~lcil

therein mentioned

No. 13 of 1859	4 n Ac,t to provide for the definition of boundaries of runs and the survey of lands for mineral purposes by moans of licensed surveyors
No. 7 of 1861	An Act to amend an Act No. 20 of 22nd Victoria, intituled " An

Act for an Assessment on Stock, and for othcr purpose8

therein mentioned "

No. 16 of 1862 An Act to provide for an appeal against aesessments of the Waste

Lands of the Crown leased for pastoral purposes

No. 17 of 1862	An Act to provide for the futurc appropriation of proceeds oi the Waste Lands of the Crown in the Province of South Aui tralia
No. 22 of 1862	An Act to furthcr amend An Act No. 20 of 22nd Victoria, intituled " An Act for an Assessment on Stock, and for othel purposes therein mentioned
No. l 3 of 1863	A n Act to provide for the reduction of the Assesement of certair

Pastoral Lands

No. 2 of 1864	An Act to enable the Governor to lease for mineral purposes ianc the property of the Government not being Waste Lands o. the Crown
No. 8 of 1864	An Act to authorize certain reductions in the valuation of run1 under the Act ~ntituled " An Act for an Assessment on Stock and for other purposes therein mentioned," and to provide fo the compensation f w improvements to be allowed on r esum tion to lcssecs of pastoral lands under renewed leases

SECOND

DDB

The Northern Territory Land Act.-1872.

SECOND SCHEDULE (continued).

Number of Act. of Act.

No. 22 of 1864

kn Act to extend the terms of certain lenacs of the Waste Lands of the Crown for pastoral purposcs, and to make provision for payment in certain cases for improvements etfected on lands comprised in leases granted for renewed terms under the Act No. 20 of 1858, intituled "An Act for ao Assessment on Stock, and for other purposes t,herein mentioned "

No. 6 of 18654

hn Act to repeal an Ordinance No. 10 of 1846, "To encourage the

Fencing of Land," and to make other provisions in lieu thereof.

NO. 8 of 1865-6

h Act to amend Act No. 18 of 1868, intituled '.An Act to

amend the Waetc Lands Act "

NO. 16 of 1865-6 An Act to amend the laws relating to the leasing of Waste Lands

of the Crown within the Province of South Australia for

pastoral purposes

No. 23 of 1867	An Act to repeal '&Thc Mineral Leases Act, 1862," and to make othcr proviaions for the leasing and occupation of tho Waste Lands of the Crown in the Province of South Australia for mineral purposes
No. 13 of 1868-9	An Act to amend The Waste Lands Amendment Act, 1867 "
No. 14 of 1808-9	An Act to further amcnd "The Wastc Lands Act"
No. 4 of 1869-70	An Act to amend Thc Wnsto Lands Amendment Act, 1868-9 "
No. 17 of 1869-70	An Act to amend the laws relating to t.he leasing for pastoral

~ U ? F O S C S O ~ certain of the Wastc Lands o f the Crown in the

Province of South Australia, and for other purposet~

No. 26 of 1870-71 An Act to amend the ~ R W S relating to Gold-mining, and for other

purposes

No. 27 of 1870-71 An Act to further amend " The Waste Lands Amendment Act,

1868-9."

No. 18 of 1872 An Act to regulate the Alienation and Sale of the Wastc Lands of

the Crown.

--

Clause 26. THIRD SCHEDULE.

of t h e unders ianed,

do &ereby apply t o become t h e selector of Sec t ion , a n d in [the ~ u n d r e d o r

C o u n t y of , or if in no H u n d r e d o r County s t a t e locality] u n d e r t h e

pxovivions of " The N o r t h e r n Territory Lam? A c t, 1872," a n d I herewi th t c n d e r a n d

pay t h e m m of a s a n d for o n e

gear's rent in advance u p o n such purchase money, a n d I u n d e r t a k e to sign within

t h i r t y d a y s a lease o n the t e r m s a n d in the f o r m provided by t h e sa id Act.

Dated this day of , 18 .

f Siynalure).

f Occupation).

(Address).

-- - - -p-

FOURTH SCHEDUL13.

Form of Recek t for Payment in advance of First Year's Rent.

Received this day f rom t h e s u m of pounds, b e i n g one

gear's r e n t in a d v a n c e u p o n t h e purchase m o n e y f o r Sec t ion N o. , in t h e Hun-

dred of , C o u n t y of , a n d conta in ing acres of l a n d s i t u a t e in

a n d the said is to e n t e r i n t o a n a g r e e m e n t wi th in twenty-one d a y s fronl

t h e date	~f	this	receipt,	in	accordance	w i t h	" The	N o r t h c r n Ter r i to ry L a n d Act,
18'12."

D a t e d this day of , l 8

f h'ignatzcrs Commissioner, or oflcer appointed by him).

FIFTH

The Northern Territov Land Act.--1872+

Clause 30.

F I F T H SCHEDULE.

Fotvrn o f Lease on Purchase ola Credit.

No.

Thls Deed made the day of , between the Commissioner

of Crown Lands and Immigration of the Province of South Australia, hereinafter

called the lessor, of the one part, and of here- inafter called the lessec, of the other part, witnesseth that in consideration of

being the first year's rent in advance of the land hereinafter described,

already paid to the lessor, pursuant to The Northern Territory Land Act, 1872," by

the lessee, the lessor doth demist: to the lessee all that [or those] of

land, containing acres, situated in in the Northern

Te~ritory, for the term of Ten Years from the day of, 18, at the yearly rent o( sixpencs per acre for every acre and fraction of an acre hereby demised, payable in advance on the day of in every year. And it is hereby agreed by and between the said parties as follows :-

l. That the lessee shall and will pay the amount of rent hereby reserved, on the days and at the times on which the same shall become due and payable.

2. That the lessee will purchase the lands hereby demised at the price or sum of seven shillings and sixpence per acre, and will, before the expiratiw of the said tertn pay the said purchase money, and all arrears of rent to the lessor.

3. That the lessee may, at any time during the said term, pay the said purchase money of the said lands.

4 That upon payment of the purchase money, and all arrears of rent, the lessee shall be entitled to a grant of the fee simple of the said lands.

5. That the lessee will, within six months of the date hereof erect, and hereafter, during the continuance of	the said term maintain, boundary posts along the bonndary
lines of the said lands.

6. Any person, authorized by the lessor, may at all reasonable times snter upon the said lands, to view the said lands, and any improvements thercon.

7. That this lease is made subject to the provisions of " The Northern Territory Land Act, 1872," and of any regulations made or to be made thereunder, and any such regulations n hich may hereafter be made shall be equally binding and obligatory on the parties hereto, as if this agreement had been made subject thereto.

8. Upon breach of any of the foregoing conditions, or upon the publication of a notice in the Gazette, that the Governor in Council has revoked this lease, or if the purchaser shall do any act declared by " The Northern Territory Land Act, 1872," to be a frand upon that Act, or in eithcr of such cases, the purchaser shall forfeit all benefit under this lease, and shall deliver up to the lcssor, or whomsoevor hc may appoint, the said lands with all improvements thereon; and this lease shall become void, and the purchaser may bc dealt with under a The Northern Territory Land Act, 1872," as a person in unauthorized occupation of such lands.

In witness, &c.

f Sipnaturesj Lessor (L.s.)

Lessee (L.s.)

SIXTH SCHEDULE. Clause 37.

NoGe of intentiort to revoke Lease o f Land upon &'edit.

To of the lessor of

Section No. situated in by virtue of a

lease under The Northern Territory Land Act, 1372," dated the

day of 18

Takenotice, that i t has been shown, to the satisfaction of the Commissioner of Crown

Lands and Immigration, that you, the above.named, [have been guilty

'f fraud under the said Act), or [have violated, or failed to perform, some of the

condiiions of the above-mentioned leasel, inasmuch a9 you have (o r have not) within the terms and meaning of such lease and of the said Act, and the regulations

in that behalf duly made (state nature of iiiefiautl, or breach of co~iditions complained

hereof in the Gazette, you are at liberty to furnish to the said Commissioner any v): And further take notice, that during the month following the publication

documentary evidence that [you have not been guilty of the fraud under the said q c t above-mentioned] or [that you have not violated, or failed to perform, the condi- tlons of your lease aa above-mentioned], as to which the onus of proof is upon YOU: And further take notice, if you furnish no such evidence, or if the evidence furnished

by

The Northern Territory Land Act.-1 872.

by you fails to prove to the satisfaction of His Excellency the Governor, by and with

the consent of the Executive Council, that you have not [been guilty of the above- mentioned fraud under this Act] or [violated or failed to perform, the above-rnen- tioned conditions of your lease], i t will be lawful for His Excellency, by and with the advice and consent aforesaid, to revoke the said lease and resume the lands therein described, after the expiration of one month from the publication hereof in the said

G~aette. Dated this day of 18

Commissioner of Crown Lands and Immigration.

Clalse 46, SEVENTH SCHEDULE.

SOUTH [RoyalArms.] AVST~ALIA.

No. Date

Miner's Bight.

Issued to A. B., of under the provisions of

'* The Northern Territory Land Act, 1872."

To be in force until the day of 18

Fee paid- C, D., Warden.

Clause 47. EIGHTH SCHEDULE,

SOUTH [Royal Arms.] AUSTRALIA.

No. Date

A. R., of having paid the sum of Onc Pound, on

account of the Public Revenue of the Northern Territory, is hereby licensed for three months from this date, and no longcr, to dig, search for, and remove gold from the Waste Lands of the Crown, in the said Northern Territory, withic the limits of

Mineral Lease No. , situate at

Fee pnid- E. F., Commissioner of Crown Lands.

Clauao 48. NINTH SCHEDULE.

. SOUTII [Royal Arms.] AUSTBALIA.

No. Business Licence.

Date

Issued to A. B.,	under the provisions of
The Northern Territory Land Act, 1872."

To be in force until the day of 18

Fee paid- C. D., Warden.

Clause 54. TENTH SCHEDULE.

SOUTH A U ~ T R A L ~ A.

C" The Northern Territory Land Act, 18'12,"l

To C. D., Esq., Warden.

A. B., of complains of E. F., of , and

says-l. That, &c.

2. That, &c, 1 [Setfo~th the ru6jsot matter of complaint in paragraphs.]

The complainant iherefore prays [set forth relief sought], or such other or further relief asIshall be just.

The amount sought to be recovered so far as the demand is pecuniary is ;E

Pated the day of 18

A. B.

ELEVENTH

3S0 & 3 6 O VICTORIB, No, 28. 179

The Northern Territory Land Act..--1872.

ELEVENTH SCHEDULE, Clause 64.

SOUTH AUSTRASTA.

r" The Northern Territory Land Act, 1872."1 L

Plaint No.

To rinsert names of all the dejendantsl, of - -

$ou are hereby summoned to appeir before me, or some other warden, at - -

on the day of next

at o'clock in the of the same day precisely, to answer the complaint

of A. B., of Linsert names of all fhe coml~lainanls], by which complaint he seeks Lhere

insert nature of complai~tt,	showiftg whether for encroachmetzt, or forfeiture, or other.
wise.]

You may have a summons to compel the attendance of any witness, or for the pro-

duction of any books or documeats, on applying at my office.

Bring this sunirnons with you when you come to my office.

Given under my hand this day qf 18

C. D., Warden.

TWELFTH SCHEDULE. Clauso 67.

SOUTH [Royal Arms.] AUSTRALIA.

The Northern Territory Land Act, 1872."]

Plaint No.

To [name of oo$icer], and to the keeper of the gaol at

Thcse are to command you, the said, to apprehend

0. B., and to convey him to the said gaol, and deliver him to the said keeper thereof: And you, the said keeper, nre hereby required to receive him iato your custody in the said gaol, and him there safely to keep for the term of

unless the sun1 of shall be sooner paid. I, the under-

signed [name ofruavaen], wardcn, having now here adjudged the said 0. B. to pay a

fine of , and in default of immediate payment thereof to

be imprisomd for the said term, for that he the said 0. B. [here state the case.]

THIRTEENTH SCHEDULE. Clause 62.

SOUTH [Royal Arms] A v s ~ a a x ~ a.

This indenture made the day of in the year of Our

Lord One Thousand Eight Hundred and bet w e n

of the

one patC and for Heirs Executors Administrators and Assigns

hereinafter designated by the term c; Lessee " of the other part Now this indenture witnesseth that in consideration of the rent the said Governor doth (subject to the reservations hereinafter contained) demise and l e a ~ e unto the

said Lessee Executors Administrators and Assigns A11

t~gcther with all ways waters watercourses privileges and appurtenances to lhe same

now belonging or therewith occupied or enjoyed Together also with full and free

liberty for thc said Lessee

Executors Administrators and Assigns and

agents and worlrmen in and upon the said land hereby

demised to dig sink drive make and use all such pits shafts levels watercourses and

other works which i t map be necessary to use in finding seeking for winning working

and obtaining the copper and other ores not being gold therein contained and also to

appropriate ar.d use such part of the said lands either underground or on the surface

as may be proper and requisite as well for depositing and laying down such ores and

minerals and placing and heaping the waste refuse and rubbish which may be worked

along with them from time to time as for washing and obtaining such ore and minerals

and for effectually separating them from all the soil and other substances mixed with

them and for smelting or reducing such ore into metal and also for supplying the

mid mines and works with water or with ,good and fresh air as for freeing the same

from water or foul air and for the purposes aforesaid to erect make and employ all such fire steam water or other engines buildings smelting works furnaces workmen's houses shops crushing mills sheds or hovels machinery and works as may be Proper and reasonable together also with liberty for him and them to erect upon the mid land hereby dernised smelting worka and furnaces hovels and other offices belong-

ing

ZEE

The Northern Territory Land Act.-1872.

--p-

---- -

ing to or necessary for the said works and all other necessary or convenient powers authorities privileges and advantages for all or any of the purposes aforesaid subject to the provisions of "The Northern Territory Land Act, 1872 " To have and to hold the said lands demised with all mines veins of copper and other minerals (except and subject as aforesaid) and all and singular other the premises with their appurtenances unto the said Lessee Executors Administrators and

Assigns from the day of One Thousand Eight

Hundred and for and during the full term of pears from thence next ensuing and fully to be complete and ended yielding and paying therefor yearly unto Her Majesty Her Heirs and Successors in advance on the day of

and thenccforth in advance at the commencement of every

c u r r e ~ ~ t year during the said term the yearly rental or sum of of lawful

British money the first payment of such rent in advanre to be made on the

day of In Witness whereof the said parties to these presents

have hereunto set their Hands and Seals on the day and year first above written.

Signed Sealed and Delivered by His Excellency

in the presence of

Signed Sealed and Delivered by the above-named

in the presence of

i

Clause 62. FOURTEENTH SCHEDULE.

That the Lessee his Executors Administrators and Assigns shall yearly during the term at the commencement of dvery curreut year of thc tcrm pay or causc to be paid in advance to the Treasurer of South Australia for the timc being on behalf of Her Majesty Her Heirs and Successors thc reserved rent free ana clear of all taxes rates and outgoing whatsocver And mill not during the continuance of the term apply the land for any othor use or purpose than for the purpose of mining and smelting without the permission of the Commissioner of Crown Lands and Immigration in writing And will during the continuance of the term work and carry on such mines in a fair orderly slcilful and workmanlike manner And also that it shall be lawful for Her Majesty Her Heire and successors and to and for the Governor for the time being of the said Province his and their agcnts and workmen at all proper and seasonable times during the term without any interruption Irom the said Lessee or his agents servants or workmen to enter into and upon the premises and into and

dition thereof and whether the same be worked in a proper skilful and workmanlike

upon any mines or works that may be found therein to view and examine the con-

manner and for such purpose to make use of any of the railroads or other roads or ways machinery and works belonging to such mines and premises And also that the Lessee his Executors Administrators or Assigns will not at any time during the continuance of the term place or leave any waste or dead heaps of refuse or rubbish which may be brought out of the said mines and premises near to any river brook or channel of water whereby such waste or dead heaps refuse or rubbish may reason- ably be supposed to be liable to be distn~bed or carried away by floods or other natural causes And also will build and keep in proper repair a sufficient and sub- stantial stone wall or other fence round all the pits and shafts which may at any time during the term be open in any part of the dernised premises or elsewhere for the purpose of this demise so as effectually to prevent all access thereto by all kinds of cattle And also will a t all times during the continuance of the term keep and preserve the said mines and premises from all unnecessary injury and damage and also all the leveln drifts shafts pits sumps watercourses houses erections sheds washing placespuddles and other conveniences roads and ways in good order repair and condition and in such state and condition at the end or other sconer determination of the said term deliver peaceable possession thereof And aiso will during at least six months in each year of the term employ and keep employed not less than three nlen for every block of the land demise4 in mining upon the said land and in searching for or raising ores and will whenever thereunto required by the Commissioner of Crown

Lands

35" & 36" VICTORTX, No. 28.

The Novthern Territory Land Act.-1872.

Lands and Immigration or Inspector of Mines of the said Province furnish him with

evidence that such mining operations have becn carried on for the objects

and purposes afoxcsaid And also that it shall be lawful for the holder of the lease of the

run or of any portion thereof on which the land dernised may have been surveyed to

have free access at all timcs to any surface water or any water which such person may

1 ave procured by artificial means upon the land demised with or without cattle horses

sheep and other live stock and to use and enjoy such water for the purpose of con- sumption by such cattle horses sheep and live stock and generally for his own benefit use and advantage as he shall think proper That the Lessee hi8 Executors Adrninistrato~s 2nd Assigns will observe and conform to and hold the dernised premises according to the several orders and regulations from time to time in force

the tenor of Waste Lands in South Australia for mineral purposes Yro-

vided also that the lease may be declared void and forfeited in manner provided in &d Act if default shall be made by the Tlessee his Executors Administrators or Assigns in all or any of the following conditions that is to say if the rent be not paid in advance to the Treasurer as aforesaid if three men for every block of land demised be not employed for at least six months in each year of the tcrm of the demise in work- ing on the land demised and in searching for or raising ores or if the Lessee shall permit any portion of the land demised to be occupied other than for mining purposes without the permission of the Commissioner of Crown Lands and Immigration in writing Provided also that i t shall be lawful for the Governor from time to time to resume

any !and demised for the purpose of making roads for public utility and convenience.

F IFTEENTH SCHEDULE.

I of

do hereby declare that I am the lawful occupier of	the following sections of Clause 78,
[purchased lands or lands purchased on credit1 in the

consistin g in all of	acres, and for	which I claim to depasture
cattle on the waste lands in that Hundred.

Dated the " day of 18

SIXTEENTH SCHEDULE.

I, A. B., do hereby solemnly and sincerely declare that I will, to the best of my clauae 89.

ability, and without partiality, favor, or affection, correctly survey and delineate the

boundaries of such waste lands as may be entrusted to me t,o be surveyed.

SEVENTEENTH SCHEDULE.

This is to certify that A. B., having satisfactoriIy proved his qualifications as a Clause 90.

Surveyor, is hereby licensed for the survey of waste lands, either for thc purpose of

the adjustment of the boundaries of rum, or for the survey of new claims, or for the

scrrey of claims for mineral leases. A. B.

EIGHTEENTH SCHEDULE.

£ S. d.

For every day employed upon any survey, including the time occupied in

tlavelling, and one original chart or plan of such surrey, furnished

!o the employer, acd one copy of plan and field notes furnished to the

Purveyor-General, an amount ncf exceeding (exclusive of wage8 aua

expenaes of party), .. . . .

. .. .. . .. 2 2 0

NINETEENTH

189 I 35" & 36" VICTORTB, No. 28.

The Northern* Territory Land Act,-1872.

Olauae 94, NINETEENTH SCHEDULE.

Form of Infoorrnatiolz and Cornplaid agccinst ,unauthorized occtyatiort o f Waste Lands

of the Crown.

Sot& Atcstralia, The informstion and complaint of A. B.,

to wit. l

on behalf of the Commissioner of Crown Lands, taken this day of

in the year 9f our Lord 18 , before the undersigned, one of

Her Majesty's Justices of the Peace in and for the Province of South Australia, who saith that C. D., of is the unauthorized occupant of certain

Waste Lands of the Crown, to wit held by him under an

agreement bearing date day of 18 , which

said agrecmcnt has been revoked, under the provisions of	The Northern Territory
Land Act, 1872."

Sworn before me the day and year first above-mentioned, at

J.Y.

T W E N T I E T H SCHEDULE.

Olauae 94.

Form of Summons to Dispossess Utiauthorized Occupant.

South Australia, In the matter of The Northern Territory Land Act, 1872," and

to wit. 1 betwecn on behalf of the Commissioner

o i Crown Lands, complainant, and occupant:

You are hereby surnnloned to appear at before a Special

Magistrate, or two or more Justices of the Peace, on the day of

at o'clock in the forenoon, to answer the complaint of on

hehalf of the Comnlissioncr of Crow~i Lands, that you are in the unauthorized and

illcgal occupation of certain Waste Lands of the Crown, to wit,

held by you under a lease, dated the day of , 18

which

said lease has bcen revoked under the provisions of ' c The Northern Territory Land

Act, 1872," and that you neglect and refuse to deliver up possession of the said

lands.

Dated the day of 9 18

In case you fail to attend this summons, upon proof of reasonable notice to you of

the same, the complaint will be heard in your absence, and such order made as to the

said Special Magistrate or Justices shall see fit.

Clause 94. TWI1:NTY-FIRST SCHEDULE,

Form of Warran t to Dispossess Unauthorized Occupant.

Xoudh A4ustralia,

t o wit. t

In the matter of " The Northern Territory Land Act, 1872," and between

on behalf of the Commissioner of Crown Lands, complainant, and

A. B., occupant.

To , the Bailiff of and all constables and peace

officers. Whereas it has been made to appear to us, and we have adjudged that the said A. B. is in the unauthorized and illegal occupation of [here slate descrlplion of

lands).

These are, t,herefure, to require you, the said and othcrs, to deliver peaceable and quiet possession of the said land and premises to the said complainant, and eject the said A. U, , and all other peraons, therefrom, and fcr which this shall be a sufficient warrant.

Given under our hands and seals this day of l8

in the Province aforesaid.

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