Resumption of Lands by Crown Act 1829 No 6a (NSW)

1829. 10'̂ GEO. IV. No. 6. 163

Resumption o f Lands by Croivn.

No. YI.

Resumption op

An Act for the more effectual resumption of Lands permitted to be occupied under the Crown as well as under the Corporation for Cimrch and School Lands. . L ands by Ckown.

TXT IIEREAS His Excellency the Governor hy a certain instrument Preamble.

intituled a “ Government Notice ” hearing date the twenty- ninth day of August one thousand eight hundred and twenty-six

W

and duly made and puhlished in the Sydney Gazette was pleased

among other things to notify that persons desirous of obtaining

■

the temporary occupation of land for the purpose of grazing would be required to pay a rent at the rate of twcuity shillings sterling per annum for every one hundred acres and further to quit the same on receiving six months’ notice to that effect And whereas the Governor hy a certain other instrument intituled a “ Government Notice” hearing date the sixteenth day of October one thousand eight hundred and twenty-eight duly made and puhlished in the Sydney Gazette was further pleased to give notice that settlers would he allowed to occupy the unlocated Crown Lands imme­ diately adjoining their respective possessions at a rent after the rate of tAvo shillings and sixpence per annum for every hundred acres hut it was clearly to he understood that Government reserved to itself the right of disposing of all lands which should he occu­ pied under that tenure and to give possession of them to any other party upon giving one month’s notice to the occupant And whereas in virtue of the said several regulations and notices or of some other regulations or orders referring thereto and in faith of performing the conditions therein respectively contained divers persons have from time to time obtained possession of such lands as aforesaid and it is ex])edient that a summary course of proceeding should be afforded to enable the Governor of the Colony to resume possession of such lands upon failure of performing any of tl.Le conditions where­ upon such possession hath been obtained Be it therefore enacted That The possession of

as often as any person or persons wlio hath or have obtained or who shall hereafter obtain the possession of any of the lands aforesaid annulled if conditions XI • Tx* • xi * 1 ̂ 1 X* be not performed.

upon the conditions in tlie said several regulations or notices or any other regulations orders or notices referring thereto contained shall fail in performing and fultilHng any such conditions according to the true intent and meaning thereof such possession shall immediately become and be deemed and taken to be null and void and such lands as aforesaid shall immediately revest and be considered as in the possession and occupancy of the CroAvn and liable to he disposed of in like manner as any other waste and unlocated lands in the Colony.

2. And whereas for the convenience of th(5 public and in order to obviate the delay which would necessarily he occasioned hy surveying and appraising of the waste lands of the Colony preparatory to granting the same in conformity with His Majesty’s Royal Instruc­ tions His Excellency the Governor with the advice of the Executive Council hath been pleased under and hy virtue of divers orders and notices from time to time made and published in such behalf to permit and suffer divers persons to select or occupy certain of the said lands with the view of becoming grantees thereof hut upon the express understanding and condition that such selection or occupancy should tiio occupation of

be subject to the approval or disapproval of His Majesty be it there- trthVKins’s'’i''ppro-

fore enacted That in case His Majesty shall disapprove of such <»»»

selections

164 No. 6. 10̂ GEO. IV. 1829.

Resumption of Lands by Croton.

notification of Ills

Majesty’s ilisap-	selections or occupations as aforesaid either generally as applicable to
pi'oval.	all such selections or occupations or particularly with reference to any one or more of the same and such disapproval shall he signilied hy one of His Majesty’s Principal Secretaries of State to the Governor and shall hy the Governor he duly notified to the person or persons concerned every such selection or occupation so disapproved liy His Majesty as aforesaid shall immediately become and he considered to he null and void and all and every such lands so selected or occupied as aforesaid shall revest and be considered as in the possession and occupancy of the Crown and shall be lialde to he disposed of in like manner as any other waste or unlocatcd lands in the said Colony.
Occupiers of such

lands may on refusal 3. And he it further enacted That if any person or persons

be summarily re-	sliall retain tlic posscssion of any such lands as aibresaid after the
moved after thirty	same sliall hccome SO I’cvested in the Crown and shall refuse to deliver
days notice.	posscssion thereof for the space of thirty days after demand thereof being made in Avriting to them or to their respective agents such demand to he signed hy the Colonial Secretary for the time-being it shall he laAvful for any two or more Justices of the Peace for the; Territory of Kcav South 'Wales or the district wherein such lands shall he situated (upon application made hy the said Colonial Secretary or any person authorized hy him) hy warrant under their hands and seals to order any Constable or Peace Officer Avith such assistance as may he necessary to enter upon and take possession of sucli lands and to discharge and impound the cattle found thereon and to remove and put such occupiers together Avith his her or their

Proviacii no compen- goods fi’om and off the same and the possession thereof Provided

finpixlvelnonts.̂ ̂ always that no claim to any compensation in respect of any improve­ ments or cultiA'ation of lands so permitted to he occupied or other expenditure in respect thereof shall he alloAved unless an express stipulation to that effect shall have been inserted in the original license from the GoA crnor to such occupiers.

If inimest in lands 4 . Provided ahvavs and be it further enacted hy the authority

t I ' T T i m * o n ^ V %f

pcnnissioii to occupy aforesaid That in case any occupier of such lands as aforesaid shall ammiied. ggj} qj. transfer the same or if by any means AvliatcA cr his interests in

the lands so occupied hy him shall liecome  ested in any other person then and in every like case such permission to occupy shall become null and void and it shall he lawful for the Colonial Secretary for the time-being or any person duly authorized hy him in that behalf to re-enter and take possession of the lands so become forfeited and if necessary to use the means before proAuded in case tlie occupiers refuse to deliver up the possession of such lands respectively.

5. And Avhereas hy a certain notice hearing date the sixth day of March in the year of our Lord one thousand eight hundred and tAA'enty-nine and puhlished by order of the Trustees of Clergy and School Lands in the Sydney Gazette it Avas notified that the said Trustees would recei e offers from persons desirous of occupying any of the lands which had been granted to the Corporation at a rent of tAvo shillings and sixpence per annum per one hundred acres until some permanent arrangement Avas made for tlieir disposal and that it Avas clearly to he understood that the Trustees reserved the right of disposing of all lands AA'hich should he occupied under that tenure and to giA'e possession to any other party upon giving one month’s notice to the occujiant And Avhereas in A'irtue of the said notice and in faith of the performance of the several con­ ditions therein contained dAers persons liaA'C from time to time obtained possession of lands so granted to the said Corporation and it is expedient that the like summary course of proceeding as hereinbefore

Pel-mission to occupy Provided for the Crown should he afforded to the said Corporatiou he lands under the it thcrefoi’e cuacted That if any person or persons Avho hath or have

obtained

1829. 10° GEO. IV. No. 7. 165

General and Quarter Sessions,

obtained or who shall at any time hereafter obtain the possession of ciuuci] c.jiiioratiou ................................... * - - - - - aimulled if conditio' '

any of the lands belonging to the said Corporation upon the conditions bo not performed.

in the said notice contained shall fail in the performance or fulfilment of any such conditions according to the true intent and meaning thereof such possession shall become null and Amid and such lands shall immediately immst and be considered as in the possession and occupancy of the said Corporation and liable to be disposed of in like manner as other lands of the said Corporation and if any person or persons shall retain the possession of any such lands after the same shall be so revested in the said Corporation and shall refuse to dcliA-’cr up the possession thereof for the space of thirty days after demand thereof being made it shall be laAvfid for any I avo or more Justices of the Peace for the Territory of New South Wales or the Mode ni ijectmunt

district AA’herein such lands shall be situated (upon application being

made by the Agent or Clerk of the said Corporation to such effect) by	■
Avarrant under tlieir respective hands and seals to order any Constable or other Peace Officer Avith such assistance as may be necessary to enter upon and take possession of such lands and to remove any person or persons or to impound any cattle trespassing thereon in like manner as if such persons or cattle liad been found trespassing on any other lands of the said Corporation.