The Crown Lands Consolidation Act 1886 (SA)

ANNO QUADRAGESIMO NON0 ET QUINQUAGE8IMO

VICTORIB REGIN&.

A.D. 1886.

No. 393.

The Crown 1,ands Consolidation Act, 1886.

ANALYSIS.

PART I. 24. Purchase may be completed after tenth

INTBODUCTOHY AND GENERAL PROVISIONB. year.

1. Short title. 25. Sites for public and charitable purpcises

2. Division of Act into parts. may be granted at any time.

3. Repeal. 26. Sites for blacksmiths' shopa and other

4. Saving clause. purposes may be granted at any time.

6. Interpretation clause. 27. Purchase-money for such sites to be paid

6. Governor's powers. on application.

7. Form of pants, leaaes, &c.	28. Agreement may be surrendered.
8. Lands granted after dedication may be	29. Mineral lcase may be grantcd of part of

exchanged. selection.

9. Grant of land to reserve gold. 30. Selectors to send in returns.

-- 31. No transfer allowed without consent of

Commissioner.

PART 11. 32. Provision on surrender for subdivision of

ALIENATIONB. eelection.

44. If

(FRELIMINARY .) 33. Sections may be divided.

10. Lands to be surveyed before sale. 34. Improvements paid for by purchaser to

11. Size of blocks.	be allowed as if made by him.
12. Lands may be dcclared open for sale.

(1) Alienations by sale under adector's agree- (3) Alienations by privnle contract or by

auction for cash.

ments.

13. Price of lands. 35. Agricultural lands unselected for two .

14. Method of purchasing land upon credit. years may be sold for cash.

15. Sums paid not 6onii $de to be forfeited. 36. Town and suburban lands to be sold by

16. Deposit of ten per cent. to be paid; and auction.

if improved lands, value of improve- 37. Special country lots may be sold for cash

ments to be also paid. at any time.

17. Agreement to be prepared in duplicate, 38. Commissioner may fix upset price.

and forwarded to purchaser. 39. Lands to be gazetted before auction.

18. Agreement to be executed. 40. Agricultural lands to be always open for

19. Purchaser neglecting, to forfeit deposit sale upon credit.

and rights. 41. Purchase-money of land aold for cash,

20. DisquaWcation of defaulting purchaser.	how payable,
21. Purchase-monev. how ~avable.

22. Interest to bespaid i n 'instalments of ( 4 ) Alienations 6y lease with right of purcha~e

purchase-money in arrear. of scrub lands.

(3) Pmvisions applicable to aZZ seleotora' agrre- 42. Scrub lands may be leased with right of

msnts. purchase.

23. Application of certain proyidone to 43. Scrub leases, in first place, to be offered on

agreements. condition of personal residence.

49" & 50" VICTORIE, No. 393.

The Crown Lands Co?~soZidation A c t. 1 8 8 6.

44. If unsold, to remain open for selection for PART VI.

three months on same condition. SALES 0FCREL)IT SELECTION8 BY TRUSTERS IN

45. If unselected, to be offered on lease with- LNSOLYENCY AND MORTGAGEEB.

out condition of personal residence. 85. Interest of selectors in selections may be

46. Lands remaining unleased may be leased sold in certain cases.

without lease being again offered a t	86. Interest to be firat offered at auction.
auction.	87. If unsold, may be sold by private con.

47. Covenants in scrub lease. tract.

48. Scrub lessee not entitled to commonage. 88. PJoticc of sale to be given to Commis.

sioner. .

(6) Leases of grazilzg a d cuZtiz.atio,z lalzds.

49. Grazing and cultivation lands may be 89. Agreement to he void i f notice and cvi-

leased. denoc not; f urnkhcd.

60. Commissioner to fix size of blocks. 90. Purchaser to have same rights, &C., as

61. Notice to be given of lands open for lease. original selector.

62. Rent.	91. Who may not purchase.
63. Applications for lease to be made to Com-

missioner and laid before land board. PART VII.

54. Board to determine on applications. PROT'ISIONS FOR EXAXINATION O F SELECTOR^

65. Covenants to be inserted in lease.	AND LESSEES, AND FOR SUMMARY YOB.
66. Minerals and timber to be excepted from	PEITURES.

lease. 92. lnformation may be laid for the purpose

67. Power to resumc land for public purposes. of exnmiuing selectors and lessees.

68. Pavment for imarovements. 93. Vitnesses, how summoned.

59. ~ e i e e e not entitied to commonage. 94. Evidence to he on oath and transmitted

to Commissioncr.

95. Consequences of perjury.

PART 111. 96. Witnesses entitled to be paid.

SELECTORB' LEASES. 97. False declaration or holding more than

60. Persons entitled to selectors' leases of maximum area to cause forfeiture.

surrendered lands. 08. Commissioner may give notice in certain

61. Term of lease of surrendered lands.	cases of intention to revoke agreements
62, Power to transfer.	and leases.

63. Lessee to be credited with amount paid 99. Copy of notice to be served on selector and

for excess area. lessee.

64. Leases of lands reserved for leasing to be 100. Penalty for removing improvements.

sold by auotion. 101. Sclcctors and lessees may show cause.

65. Term of lease of drainage lands. 102. If nosuficient cause shown, Commissioner

66. Term of leaso of thc other lands reserved may revoke agreements and leases.

for leasing. 103. Disqualification of selector and lessee after

67. Conditions of selectors' leases. revocation.

68. Resumption of leased lands. 104. Commissioner may waive forfeiture in

-69. Mode of exercising right of renewal.	certain cases.
70. Conditions of renewed lease.

71. Proceedings on failure to renew. PART VIII.

72. Leasing by private contract. PASTORAL 1,BAREB.

105. Power to lcuse pastoral lands.

'PART IV. 106. Classification of pastoral lands.

MAXIMUM ABEA O F LAND WHICH MAY BE HELD fa) Relatillg to CZuss I.

UNDER SELECTOR'S AGREEMENT, RCRUB 107. Sale of leascs.

LEARE, SRLBCTOR'S LEASE, AND QIULINQ	108. Term of leascs.
AND CULTIVATION LEASE, AND CONSTRUC-	109. Time of sale.

TION O F RESIDENCE, AND CULTIVATION 110. Lessees in Class I. may continuc in

CONDITIONS. occupation after expiry of lease.

73. Who may not hold lands. 11 1. Payment for improvements.

74. Maximum area of land allowed to be held. (61 Eelating to Class 11.

76. Penalty for excessive holding.	112. Sections 107, 108, 109, and 110 to nppb.
76. Selector allowed to select sufficient quan-	11 3. Compensation on resumption.

tit? of land to complete maximum area. (c) Relating t o Class 111.

77. Provision for excess in blocks as surveyed.

78. Provision in favor of devisee or personal 114. Sale and terms of leascs.

representative. 115. Procedure on surrender.

79. Construction of residence and cultivation 11 6. Premium on sale of surrendered lease.

conditions in agreements and leases. 11 7. Reduction of premium.

80. Conditions may be performed by repre-	118. Section 113 to apply.
81. Commissioner may, in certain cases,

sentatives. fd) .Izesumptio~as.

remit cultivation and residence condi- 11 9. Provision for resumption.

tions. {c) Auc!ians.

--

120. Mode of sale.

PART V. 121. Notice.

ffl V~luation of Rent.

82. Power to selectors to mortgage credit 122. Principles of such valuation.

aelectiona. fg) Improvmeneszts.

83. Mortgage to be registered and noted. 123. Only certain Bona $a% improvements to

84. Power for mortgagee to f a 1 conditions in be paid for.

mortgaged agreement. 124. Notice of improvements. 125. only

49" & 50" VICTORIE, No. 393.

1Ae Crown Lands Consolidation Act.-18t36. --

125. Only one payment to be made for same 173. Personal residence condition, how may be

improvement. performed.

126. Time for payment.

174. Forfeiture on neglect to execute lease.

175. Lessee not to impound unless land fenced.

(h) Compensation f o r loss of lease. -

127. Certain increased value not to be included. PART XI[.

128. Time for payment. FR.4UnR AT AUCTIONS.

f a ) .Jf~srelinnrous,

129. Vacancies in Pastoral Board may be filled. 176. Agreements preventing fair competition

130. Duties of Bonrd. a t auctions to be void.

131. General terms of 1t.ases. 177. Agreement to pay conm~ivsion of more

132. Powcr to enter leased land^. than Sisycnco ycr acre void.

133. Extension of stocking covenant. 178. Any money or reward received under any

134. Return of extensions.	illegal agreement to be forfeited, and
135. Annual leases and commonage licences.	rccovorablu by anyone suing for the
136. Present lessees in classes 1 and 2 to make	same.

same returns of stock as heretofore	179. Penalty for making illegal agreement.
during existing leases.	180. Punishment for offering to make agree-

137. Future lessees and lessees in class 3 to ment under threats.

make returns of travelling stock. 18 1. Parties compellable to give evidence, but

138. One return for contiguous lauds.	not to be prosecuted, in certain cases.
139. Penalty for falsc return.

140. Owners of travelling stock to pay fees, PART XIII.

and on non-payment stock may bo MISCEI.LANEOUFI PROVISIONS.

seized and aold. 182. Appointmont of land offices.

141. Authority. 183. Commissioner may appoint time and place

142. Owner of stock liable to paymcnt to of auction.

lessees in certain cases. 184. Person authorised may conduct auotion

143. Disability of lessee suffering forfeiture. sales without licence.

155. Commissioner may withdraw lands.

PART IX. 186. Reservation of mineral lands.

LEAWS AKU LICENCSB TOIL MINERAL PUR- 187. Commissioner to llave care and control of

POSES. reserve and dedicated landa.

188. Power to mine under reserves.

fnj Ni~zorrd lcusee. 189. Commissioner lndy give powcr to ere&

144. Application for mineral lease. gates on roads.

146. Term of lease.	190. Fencing Act to apply.
146. Improvements.	191. Mode of valuation of rent.
147. Rent.	192. Modo of valuation for compensation.
148. Returns to be delivered.	193. Commissioner may enter leased lands to

149. Covenants and conditions of lease. search for water.

150. Lessees of contiguous leasea may apply 194. Lease of resumed 1:tnds.

to consolidate. 195. Lcssee may charge for water.

161. Consolidated lease may be granted. 196. Commissioner may reclaims wamped lands.

152. Commissioner may allow amalgamation 197. Recovery of rent.

of contiguous leltscs I d d by ditfcrent	198. Penaltics un non-paymcnt of rent.
persons.	199. All Crown leases to be forfeited if rent in

163. Mineral lease may be surrendered. arrear for three months, or covcnanta

fh j Milzerul licences. broken.

164. 8pttcific licences to search for minerals. 200. Power to forcibly eject persons from re-

155. General licences to search for minerals. verted Crown lands.

156. Power to remove twenty tons of minerals 20 1. Penalty for unauthorised occupation of

with consent of Commissioner. Crown lands.

202. Overdue money and notice8 may be re-

PART X. ceived.

LEASES AND LICENUES TOR MXSCELLAXLNPOUB 203. Surrendering selector to receive amount

P L Ibl'U8BS. paid for improvements.

20 4. Leases to determine ongrant of other loalre.

157. Aboriginal reserves may be leaszd. 206. Grant for public or ~ l j i ~ r l t i ~ b l ~ purposes.

158. Leases to discovercis. 206. Lessee undor Gold Mining Act may ob-

159. Mivcella~leous leases mny be granted. tain lease under this Act.

160. Leases to be offered :rt auction.	207. Lessee may surrender his lease.
161, Con4itions of leases.	208. New leases may be issued.
162. Licences may be granted.	209. Agreements may be surrendered in ex.

163. Condition8 of licences. change for new agreement.

164. Commissioner may limit licences.

210. Scrub leaees without condition of perso-

nal residence may be surrendered for

PART XI. new scrub leases with condition of per-

LXASES O F EJMALL BLOCKS FOR WOKKINQ MEN. sonal residence.

165, Surveys may be made of land, in blocks 21 1. Personal representatives of selector or

not exceeding ta enty acres, and lenses lcssee may mortgage.

thereof may be offered a t auction, or if	212. Fees may be charged.
unsold by private contract.	213. Plans may be corrected.

166. Only working men eligible to become 214. Unhrandod wild cattle to belong to the

lessees. Crown.

161. Who entitled to lease.	215. Declarations, before whom to be made.
168. Term of lease.	2 16. Land orders available for payment under

169. Renewal of term. C personal residence scrub leases.

170. Right of purchase.	2 17. Regulations may be made.
171. T e r n and conditions of lease.	218. Regulations to be laid before Parliament.

172. Forfeiture. PART

49' & 50' VICTORIAZ, No. 393.

The Crown L ands Consolidation Act,-] 886.

PART XIV. SCIIEDULES.

A. Acta repealed.

LEGAL PROCEDURE, TRESP48SE8, &D B. Lands reserved for leasing.

PENALTIEEI. C. Grazing and cultivation lands.

219. Crown lands rangers. D. Declaration to be made by selector in case

220. Crown lands rangers may make claim or of substituted residence.

entry. E. Form of agreement for sale and purchase on

221. Power to impound cattle trespassing, and credit.

to destroy pigs. F. Annual return.

222. Penalty for unlawful use of Crown lands G. Hundreds in which selectors' leases may be

or reserve8. granhd of 5,000 acres.

223. Penalty for unlawfully depasturing . H. Form of certiflcnte on ale of credit agree-

224, Penalty for injuring or romvving timber ment by trustees in insolvency, or

without licence. mortgagees.

226. Injuring or removing landmarks. I. Information for examination of selector or

286. Obstruction of roads and ways.	scrub lessee, or lessee under grazing and
227. Forgery and uttering a felony.	cultivation lease.

228. Recovery of penalties. J. Summons to selector or scrub lessee, or

229. Onua probaladi. leseee under grazing and cultivation

230. Summary procedure. lease.

231. Appeal.	K. Summons to witness.
232. 1,ocal Court may state special case.	L. Notice of intention to revoke agreements,

233. Uispoaal of penalties.	selectors' leases, scrub leases, and
234. Treasurer may order costs to be paid.	grazing and cultivation leases.

235. Protection to persons acting in execution M. Notice of revocation and resumption.

of this Act. N. Return of travelling stock.

236. Saving of rights. 0. Form of return under mineral lease.

237. Act not to apply to the Northern Territory,

An Act to consolidate and amend the Law relating to

Crown Lands in South Australia.

[Assented to, November r 7th, 1886.1

HEREAS it is expedient to consolidate and amend the law South Australia-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in

W relating to the sale, lease, and occupation of Crown lands in

this present Parliament assembled, as follows:

PART X. PART I.

INTRODUCTORY AND GENERAL PROVISIONS,

short title. 1. This Act may be cited for all purposes as The Crown Lands

Consolidation Act, 1886."

Divisionof Act into

parts. 2. This Act shall be divided into fourteen parts, relating to the following subject-matters-

PART I.-Introductory	and General Provisions, sections 1	to 9:
PART 11.-Alienatioiis,	sections 10 to 59:

PART III.-Selectors' Leases, sections 60 to 72 :

PART ~v.--Maxirn~m area of Lands which may be held on

Selector's Agreement, Scrub Lease, Selector's Lease, and Grazing and Cultivation Lease, and Construction of Residence and Cultivation Con- ditions, nections 73 to 81:

PART

49" & 50" VICTORIAZ, No. 393.

Z he Crown L a d s Co)~solidntion Act.-1 886.

PART v.-Mortgages of Selectors' Agreements, sections 82 PART I.

-

to 84:

PART vr.-Sales of Credit Selections by Trustees in Insolvency

and Mortgagees, sections 85 to 91:

PART v11.-Provisions for Examination of Selectors and Lessees,

and for Summary Forfcitures, sections 92 to

104:

PART vm.-Yastoral Leases, sections 105 to 143 :

PART rx.-Leases and Licences for Mineral Purposes, sections

144 to 156 :

PART X.-Leases and Licences for Miscellaneous Purposes,

sections 157 to 164:

PART XI.-1.eases of Small Blocks for Working Men, sections

165 to 175:

PART XII.--Frauds at Auctions, sections l76 to 181:

PART x111.-Miscellaneous Provisions, sections 182 to 2 18:

PART xw.-Legal Procedure, Trespasses, and Penalties, sections

210 to 237.

3. The several Acts mentioned in Schedule A hereto are hereby aepeal.

repealed.

4, Such repeal, except where otherwise expressly provided by this Baving clause.

Act, shall not affect any existing agreement, lease, or licence made or granted uridcr any of the repealed Acts, nor any estate, right, title, interest, power, duty, obligation, liability, or onus probmzdi created by, or now or hereafter existing under or by virtuc or in respect of, any such agreement, lease, or liccncc, or under or by virtue or in respect of any of such Acts; nor prejudice or affect anything already	lawfully done, or commenced or agreed or authorised to he done,	under any of such Acts, or under any existing agreement, lcasc, or
licence, all which agreements, leases, and liccnces shall be of the same force and effect as if this Act had not been passed: And all divisions, cxchaogcs, proclamations, reservations, dedications, regu- lations, grants, leases, licences, appointments, payments, surveys, remissions, credits, mortgages, surrenders, extensions, exonerations, disabilities, classifications, valuations, acts, proceedings, matters, and things lawfully made, had, done, or created, or made valid, before the passing of this Act, by, under, or in pursuance of any of such Acts, and all payments, exonerations, resumptions, and remissions which may hereafter be made pursuant to any of such Acts, shall be of the same force and effect, to all intents and purposes, as if the said Acts were still in force: And no action, information, appeal, or other proceeding, criminal or civil, which at the time of the passing of this
Act may be depending in any Court, or before any Judge or Justice,
arbitrator, or other authority, shall abate or become discontinued, or
be in anywise prejudiced or affectcd, but shall be proceeded with, heard,

6 49' &' 50' VICTORILE, No. 393. - .-

The Crown L a d s Coszsolidation Act.-1886.

PART	I.	heard, and determined, and the verdict, sentence, judgment, rule, order, decision, or award enforced, as if the said Acts mere still in force: And, except where otherwise expressly provided, all offences committed, and penalties, forfeitures, and liabilities incurred, before the passing of this Act, or which may hereafter be committed or
incurred in respect of, or in relation to, any existing agreement,
lease, or licence, or by reason of, or in relation to, any duty, omission, false return, uplawful act, breach, or other matter or thing under or against any of the repcaled provisions, shall and may be tried, punished, inquired into, and enforced, as if the said Acts were still in force: And all fees chargeable in respect of any matters under the said repealed Acts shall continue to be payable for the like matters done under this Act: And wherever, in any Act, deed, contract, or agreement, or othcr written instrument, any reference is made to any of the repealed Acts, such reference shall be read and construed as
if this Act had been referred t o in lieu of the repealed Act.

Interpretation clause. 5. In the construction of this Act, except where the subject- matter or context or other provisions hereof require a different con- struction, the following terms in inverted commas shall have the respective meanings hereinjfter assigned to them, that is to say-

Agreement.	" Agreement " shall mean any agreement cntered into by any person with the Commissioner for the purchase of land npon credit under the authority of any of the Crown Lands Acts; but shall not include any scrub lease:
Agricultural lands.	'' Agricultural lands " shall mean and include country lands and

improved lands:

Block of land.

"Block of land " shall include as well one section of land as two or more sections contiguous to each other or separated only by a road:

Cattle.

"Cattle " shall mean ancl include camels, horses, geldings, mares,

bulls, bullocks, and COWS, also foals and calves over six

months old:

Commissioner. '' Commissioner " shall mean the Commissioner of Crown Lands

and Immigration for the time being:

Country lande. Country lands " shall mean all surveyed Crown lands not being reserves, or town, park, or suburban, or improvcd lands, or lands rescrved for leasing:

Crown lands '' Crown lands" shall mean and include all lands in South Australia

situated to the south of the twenty-sixth parallel of south

latitude, except-

I. Lands reserved for or dedicated to any public purposc:

Ir. Lands lawfully granted, m contracted to be granted, in

fee-simple by or on behalf of Her Majesty:

m. Lands subject to any lease or licence lawfnlly granted

by or on behalf of Her Majesty:

And

49' & 50" VICTORIE, No. 393.

The Crown Lands Consolidation A c t. 1 8 8 6.

And shall include all lands which, having been granted, P*wc I-

reserved, or dedicated for any purpose, shall have been or Crown Lanh A C ~ S.

shall be lawfully resumed by Proclamation or surrendered;

or, having been-lawfully held by any person for any estate

or interest, or under licence shail have been or shall be law-

fully fbrfeited or resumed; or having been held under agree-

ment and surrendered shall have been or shall be afterwards

off'ered for sale and not ' sold; or which by any meane

whatsoever shall have reverted or shall revert to the Crown:

Crown Lands Acts " shall mean and include all or any of the Acts hereby repealed and this Act:

'( Dedicated lands " shall mean a11 lands dedicated for any purpose by Proclamation under any of the Crown Lands Acts: Dedicated lands.

" Drainage lands " shall mean all lands reserved f& leasing, Drainage lands.

which in the opinion of the Coillmissioner are or probably may be beneficially affected by any public works already or hereafter to be carricd out at the public cost:

Grazing and cultivation lands7' shall mean all Crown lands Graeingand

described in Schedule C hereto, and such other Crown lands cultivation lsnds.

as may from time to time be proclaimed as grazing and

cultivation lands:

" Grazing and cultivation lease " shall mean any lease of grazing Gmzhs

and cultivation lands granted pursuant to this Act: cultivation leaso.

C' Improved lands " shall mean all Crown lands on which im- Improvedlands.

provements have been made by purchasers on credit or

lessees from the Crown:

" Land under agreement " shall mean land purchased upon Land under agree-

credit under the authority of any of the Crown Lands Acts, ment.

and not absolutely granted by the Crown, but shall not

include any land held under scrub lease:

C	'	Lands reserved for leasing " shall mean all lands vested in the Lands reserved for	Crown situated within the boundaries described in Schedule lensing.
B hereto:

'' Lessee7' shall mean any person now or hcrcaftcr holding land Leasee.

under a lease granted pursuant to any of the Crown Lands Acts, whether such person shall be the original lessee, or the transferee from or under, or the personal representative of, the original lessee:

Mineral lands " shall mean all Crown lands and all lands vested in Kinera1 lands.

the Crown, notwithstanding the same be subject to any selector's lease, pastoral lease, grazing and cultivation lease, or miscellaneous lease for grazing or cultivation purposes, issued under thc authority of any of the Crown Lands Acts, but shall not include any such lands which shall be subject to any then existing mineral lease or licence:

"Mineral

49" & 50' VICTORILE, No. 393.

The Crown Lands Consolidation Ac t. 1886.

C L Mineral lease " shall mean any lease of mineral lands grantcd

Mineral lease.

under any of the Crown Lands Acts for the purposes of

mining for any minerals or metals except gold:

Minerd lessee. K Mineral lessee " shall mean any person now or hereafter hold-

ing lands under a mineral leasc:

Mineral licence.	Mineral licence " shall mean m y licence granted under any of the Crown Lands Acts "authorising thc holder thereof to search for metals and minerals (except gold) upon any mineral lands:
Oath.	Oath " shall include affirmation:
Park lands.	Park lands" shall mean lands adjacent to R town set apart, reserved, or dedicated for the use and benefit of the in- habitants of such town:

Paetoral Board, C L Pastoral Board " shall mean the Board under Thc Pastoral

Crown Lands Amendment Act, 1884."

Pastoral lands. '(Pastoral lands " shall include all lands vested in the Crown leased for pastoral purposes, and all Crown lands which

the Governor has power to lease for pastoral purposes:

Pastoral leaae.	Pastoral lcase" shall mean any lease of lands granted under any of the Crown Lands Acts for pastoral purposes:
Pastoral losseo.	Pastoral lessee" shsll mean any person now or hereafter hold- ing lands under a pastoral lease:
Prmlamation.	Proclamation " shall mean Proclamation by the Governor i n

the Government Gazette :

Public maps.	Public maps " shall mean the maps prepared under the direc- tion of and officially certified by the Surveyor-General or Acting Surveyor-General delineating any of the lands of the Crown:
Reserved lands.	Reserved lands " shall mean all lands reserved for any purpose by Proclamation under any of the Crown Lands Acts:
Scrub lands.	Scrub lands " shall mean any country lands now held under lease with a, right of purchase, pursuant to any of the Crown Lands Acts, and all other country lands which shall have heretofore been or shall hereafter be described as scrub lands in the Government Gazette notice offering the lease thereof for sale:

Scrub lease.	"Scrub lease" shall mean any lease of scrub lands granted pursuant to any of the Crown Lands Acts:
Scrub leesee.	" Scrub lessee " shall mean any pcrson holding land under a scrub

lease:

Selection. " Selection " shall mean the land held by any person under a

selector's agreement or under a scrub lease:

b t Selector

49O & 50' VICTORIE, No. 393. 9

--v -- - - - - -- -

The Crown Lawds Consolidation Act.-1886.

" Selector " shall mcan any person holding lard under a selector's

agreement or a selector's lease, whether such person shall be Selector.

the person originally taking or holding such land, or holding

as transferee from or under, or as the personal representative

of, the original holder:

PART I.

" Selector's agreement " shall mean any agreement for the pur- Selector's agreement.

*

chase upon credit, under any of the Crown Lands Acts, of any

agricultural lands or drainage lands:

" Selector's lease " shall mean any lease of lands previously held Selector's lease.

under agreement and surrendered for a lease, and also any lease of lands reserved for leasing granted under any of the Crown Lands Acts:

" Sheep " shall mean and include rams, goats, wethers, and ewes, Sheep.

a11d lambs over six months old:

" Special country lot )' shall mean any single section of country special country lot.

lands which may be surrounded by land sold, or contracted to be sold, and which shall have been offered for sale and shall have been withdrawn from sale, and shall not have been dedicated for any public purpose; aild. also any section or block of country lands, not exceeding one hundred acres in extent, which may be required for the establishment of any industry, trncic, or business that may be approved hy the Governor:

'' Suburban lands " shall mean all Crown lands surveyed in sec- Suburban lands.

tions of not, greater area than twenty acres each situated

within two miles of any town lands or park lands:

" Swamp lands " shall mean all lands abutting on or ncar the Bwamp lands.

Kiver Murray, and which, in the opinion of the Cnmrnissiont.r, are liable to be wholly or partidy flooded by the overflow of that river:

Town lands" shall mean all Crown lands set apart, reserved, ownl lands.

surveyed, or laid out in lots as the site for a town.

6, The Governor may, subject to the provisions of this Act, from Gove~nor's powem.

time to timc-

(a) In the name and on behalf of Her Majesty grant, lease, or M ~ Y dienate Crown

otherwise alienate any Crown lands: lands.

(b)	For the public use or benefit-
I. Exchange any Crown lands for any other lands in the May exchange, &C., lands for public

province: purposes.

11. Accept the surrender of or resume any lands granted atter

dedication for any public purpose:

m. Authorise the exchange of any lands granted after dedi-

cation for other lands so granted:

(c) Demise

R-393.

49' & 50 VICTORIW, No. 393. -

The Crown Lands Consolidatiola A c t. 1 8 8 6.

(c) Demise to any aboriginal native, or the descendant of any

May leaee lands to

aboriginal native, any Crown lands not exceeding one

aboriginee.

hundred and sixty acres in area, for any term of years

upon such terms and conditions as he shall think fit:

May dedicate lands

for public purposee. (cl) By Proclamation dedicate any Crown lands for any of the

following purposes-

I. For the preservation of water supply:

rr.

For public roads or other internal communications, whether

by land or water: Provided that the delineation of

any public road in the public maps shall be in itself a

dedication of such road to the public use:

m. For quays, wharves, or landing places:

rv. For public reservoirs, aqueducts, or watercourses:

v. For hospitals, asylums, or cemeteries:

YI. For market places or abattoirs:

VII. For institutions for public instruction or amusement:

VIII. For public buildings and schools, not being intended for

ecclesiastical or denominational purposes:

IX. For park lands or places for the recreation and amusement

of the inhabitants of any city, town, or place:

X. For any purpose of public safety, convenience, health, or

enjoyment:

XI. For any other public purpose that he may think fit:

And may at any time after dedication grant the fee-simple of

such Crown lands to secure the use thereof for the purpose for which the same were dedicated, and may, at any time before the grant of the fee-simple of any such land, resume the same wholly

or in part, by Proclamation-

May cancel dedica-

tions. , ( e ) By Proclamation cancel the grant of and resume any dedi-

cated lands used, held, or dealt with for other than the purpose for which the same were dedicated, or which shall not be used or required for the dedicated purpose:

May reserve lands for Cf) By Proclamation reserve any Crown lands for any of the fol- lowing purposes-

public purposes,

I. Ebr the use and benefit of the aboriginal inhabitants of

the province:

11. For the purposes of military defence:

m. For forest reserves:

IT. For mineral reserves or reserves for gold mining purposes:

v. For travelling stock reserves:

VI. For

49' & 50" VICTORIE, No. 393.

The Crown Lands Consolidation Act.-1886.

YABT I.

VI. For places for the recreation or amusement of the public:

TII. For railways or railway stations:

vrrr. For any other public purpose that he may think fit:

And may by Proclamation resume the whole or any portion of ~ n d may resume	the Crown lands so reserved, A statement setting forth the dedicated lands.
reasons for such resumption sha.11 be laid before Parliament within thirty days after such Proclamation, if Parliament be then sitting, and, if Parliament be not then sitting, then within thirty days after the next sitting of Parliament:

(g) By Proclamation-

I. Constitute and define the boundaries of new counties or May constitute coun-

hundreds or towns, and distinguish each by a name: ties and hundreds.

11. Declare that any county or hundred or town shall cease

to exist as such:

r 11, Extend or diminisin the area of any county or hundred

town:

IV. Alter the boundaries or name of any county or hundred Hay alter houndariea of countih and

or town: hundreds.

v. Add the area taken away from one county or hundred to

any other adjacent county or hundred:

vr. Divide any county or hundred into two or more counties or hundreds, and give each a distinguishing name:

Every such Proclamation shall state the day from which the same shall take effect, and no Proclamation constituting any new counties or hundreds shall be published unless a list and plans of the counties or hundreds intended to be constituted shall have been laid before

Parliament for thirty days:

( h ) By Proclamation in the Government Gazette set apart any Crown Map et a~art8i te~ for town, suburban, and

lands as town lands, suburban lands, or park lands. park lands.

7, AU grants, leases, and other alienations, and all reservations Form of grants,

and dedications, of any Crown lands, shall be made in such form as leases, &C.

the Governor shall think fit.

8, Any lands granted in fee-simple for any public purpose after Landsgranted after

dedication may, with the consent of the Governor, be exchanged for excbrngd.	dedication may be
other lands granted for any such purpose, or may be surrendered to the Crown freed from any trust, express or implied, or subject to such trusts as the Governor may approve.

Q, The grant in fee-simple of any land in South Australia Grantof landto

hereafter granted (except grants in pursuance of any agreement for reserve gold.

side made before the passing of this Act), shall not be construed to

include or to convey to the owner in fee-aimple for the time being of

such

49' 6r 50" VICTOKIW, No. 393.

-- P P- - P----

-

The Crown L a d s Consolidation Act.-1 58 6.

PART 1. such land any property in any gold above or below the surface of the land, the same being reserved by the Crown. It sha,ll be lawful for the Commissioner, Lnd for all p&sons authorised by him, at all times to enter upon any such land, and to search and mine for and remove therefrom any gold there found, dr ing as little damage as may be to the surface: Provided that in the event of thc exercise of the powers hereby conferred the Commissioner shall pay to the person or persons thereby damnified fair and reasonable compensation for any damage sustained (eiclusive of the value of any gold on the said land), such compensation to be determined by valuation.

PART 11.

ALIENATIONS.

PRELIMINARY.

Lands to be surveyed

before sale. 10, No Crown lands shall hereafter be granted or contracted to

be granted in fee-simple unless the same shall have been previously surveyed and marked upon the ground and been delineated in the public maps.

Size of blocks. 11, The lands shall bc surveyed in such-sized blocks as the

Commissioner may think fit, but so that no onc section of agricul- tural lands hereafter surveyed shall contain a greater area than five hundred acres.

Lmde may be de- 12. The Commissioner may after such survey and delineation by

dared open for sale.	notice in the Goae~nmcnt Gazette describing generally thc lands referred to, from time to time declare that any Crown lands shall be open for sale by auction at a date not less than six weeks fiom
Lands reserved for
leasing not to be sold	the first publication of such notice. Every such notice shall be
on credit.	published in the C:over?zment Gazette for four consecutive weeks. No lands reserved for leasing shall hereafter be sold except as town
lands, suburban lands, or himestead blocks.

-

Price of lands. ( l ) Alienations by Sale under &electors' Agreements.

13, Agricultural lands may be sold upon credit at the following minimum prices respectively :-Country lands, at Onc Pound per acre; improved lands, at One Pound per acre, with such an addi- tional sum to cover the value of the improvements on such land as may be fixed by the Commissioner by notice in the Government Gazette. Should any improved lands be unsold for six months after the first publication of the notice offering the same for sdle, the Commissioner may from time to time, by a similar notice, reduce thc sum pay able for improvcmen ts.

Method of purchasmg

land upon credit. 14, Lands open for sale upon credit, as aforesaid, shall be sold at

not less than the minimum price, under and subject to the following

conditions-

I. The person making the highest bid above the minimum

price

49" & 50' VICTURIAZ, No. 393.	--
The Crown Lands C'onsotidution Act.-l 886.

price for any one section at any auction shall be the	=Im
purchaser of t.hat section:

11. The sections when offered for sale by auction shall be

offered one at a time:

111. The land shall, in the first instance, be offered for sale by

auction on the condition of persoi~al residence:

IV. Any lands so offered for sale by auction and not sold shall remain open for selection on the coudition of personal residence, and may be sold upon credit by private contract to any person applying for the same:

v. Any such lands remaining unselected for a period of three months aftcr being offered for sale by auction on the con- dition of personal residence, may be offered for sale by auction on -the condition of' substituted residence:

v ~. Any such lands which shall remain unsold at such last- mentioned auction shall remain open for selection on the condition of personal or substituted residence, and may be sold upon credit to any person applying for thc samc:

wr. In cases of simultaneous applications to select the same land, the person declaring his intention to reside personally on the land shall be cntitlcd to snch land. Simultaneous applications from two or more such persons, or from two or more persons desiring to select the same land on the condition of substituted residence, shall be decided by lot:

VIII. No pmon shall be entitled to become the purchaser of any land on the con (lition of substituted residence until he 'shall haw madc a declaration in the form or to the effect of Schedule l) hereto, and shall have deposited the same with the proper officer:

rx. Any person may bid at any auction through an agent duly authorised in writing acting in his behalf only, but such agent shall, before bidding, lodge his authority with the proper officer, and declare that he intends to bid as an agent; and no person or firm of persons shall, either per- s&ially or hy his or their clerk or servant, act as agent for two or more persons competing for the same land:

X. Any person who having himself bid or authorised an agent to hid for any land, and who having become the purchaser thereof, shall refuse or neglect forthwith to pay the sum of money payable by him, or who shall afterwards refuse or neglcct to sign an agreement in the form prescribed by this Act, and any person not entitled to become a pur- chaser of land upon credit who shall bid at any auction, and any agent who shall by himself, his clerk, or servant act for two or more principals competing for the same land, shall, on conviction, forfeit and pay for each such

1 offence a penalty of not more than Twenty-five Pounds.

I . 15. If

49' & 50' VICTORIE, No. 393. -

The Crown Lands Consolidatian Act.-1886.

PABT rr. Sums paid not bond 15. If any person shall himself, or by an agent, bid for land

under the foregoing provisions for any other purpose than that of

to be forfeited.

bond f i e becoming the purchaser of the land bid for by him, all

moneys paid by such person in respect of his purchase shall be ab- solutely forfeited; and it is hereby expressly declared that the Gom- missioner may declare any such forfeiture on any evidence that may appear to him sufficient; and a notice by the Commissioner, pub lished in the Government Gazette, that any such forfeiture has been declared shall be conclusive evidence of such forfeiture, and of the regularity thereof, and shall be an effectual bar to any proceedings which may be instituted by such person, or anyone claiming through or under him for the recovery of any monley paid by him as aforesaid.

aeposit of ten per 16, The purchaser of the land shall forthwith pay ten per cent.

cent to be paid - iands, on the amount of the purchase-money. If the land purchased shall

and if

value of improve-

menta to be also paid. percentage of the purchase-money, forthwith pay the full amount

be improved lands the purchaser shall, in addition to the aforesaid

specified in the Government Gazette as the value of the improvements

on such land.

Agreement be pre-

pared in duplicate 17, The Commissioner shall, within twenty-one days after the

and forwarded to	purchase of any land under the provisions hereinbefore contained,
purchar~er.	cause an agreemmt in duplicate, in the form of Schedule E hereto, or to the like effect, to be prepared and left at the Land Office, or forwarded by post to the purchaser at any address which the pur- chaser or his agent may give to the proper officer at the time of the purchase.

Agreement to be 18. The purchaser shall, within a further period of fourteen days,

executed.	or such further time as the Commissioner may allow, execute both parts of such agreement, and cause the same, so executed, to be delivered at the Land Office, and the Commissioner shall thereupon also execute both parts of such agreement, and cause one part
thereof to be delivered or sent to the purchaser.
Pumh.rsrne&cting,

to forfeit deposit and 19, Any purchaser who shall fail to comply with the require-

rights.	rnents on his part to be observed of the last preceding section, shall forfeit all moneys paid by him, and all right to purchase such land, and it shall be lawful for the Commissioner to declare such land again open for sale upon credit.
Disqualification of

defaulting purchaser. the preceding pt ovisions of this Act shall afterwards be allowed to

20. No person who shall have incurred any forfeiture under

complete the purchase of any other selection held by him prior to

such forfeiture.

~urohase-money, 21. The purchase-money for any selection shall be paid as

how payable. follo W*

Ten per cent. at the time of the purchase as before provided:

Ten per cent. at the expiration of three years from the date of

the purchase :

And

49" & g d VICTORIJE, No. 393.

The Cruu~n Lands Consolidation Act.-1 @86.

And five per cent. at the expiration of every year thereafter until the whole of the purchase-money shall be paid. P A ~ 11.

2%. Every selector who shall fail to pay, either wholly or in part, Interest to be paid on instalments of pur-

any instalment on account of his purchase-money within thirty day S chB80.money

from the time hereinbefore appointed for the payment thereof, shall arrear.

pay interest at the rate of five per cent. per annum upon the whole

amount of such instalment; and on non-payment of such instalmcnt

and interest, or either of them, for the period of two years, it shall

be lawful for the Commissioner, by notice in the Governmerlt Gazette,

to declare the agreement held by such selector to be forfeited, and thereupon such agreement shall become void, and the selection therein mentioned shall revert to the Crown.

(2) Provisions applicable to all Selectors' Agreements.

23. The provisions contained in sections 24 to 34, both inclusive, Application of certain

of this Act, shall apply to all agreements in force entered into under

provisions to al l

any repealed enactment, as well as to agreements under this Act,

and to every purchaser upon credit under any such agreement.

24. Every selector who shall have bond jide fulfilled the require- Purchaae may be

ments of his agreement, continuously for ten years, shall be at liberty	completed after tenth
to complete his purchase at any time thereafter during the currency
of the agreement, and shall, on payment of the balance of the purchase-money then due, and of the prescribed fee for the grant,

be entitled to a grant of the land in fee-simple.

25. The Governor may at any time, in any case where any Sites for public and charitable purposea

selector shall desire to transfer to any corporation or to trustees any may

granted at

portion of his selection to be used as a site for a school, church, any time.

chapel, institute, or hospital, or for any other public or charitable

purpose, on the application in writing of such selector, grant to

any corporation or to trustees any portion of such selection not

exceeding for any one of the aforesaid purposes two acres.

26. The Governor may at any time, in any case where anv Bitesfor blacksmiths'

selector shall desire to use or transfer any portion of his selectio6 2; ~~~~~~~~d

used any time.

to be as a site for a blacksmith's shop, carpenter's shop, mill, at or his nominee any portion of such selection not exceeding, for any one of the aforesaid purposes, half an acre: Provided that no such grant shall be made of any land situated within five miles of any town lands, and that the Governor may require such security to be

store, or post office, or for any other purpose to be approved by the

given as he may think proper that the land so granted will be used

for one of the purposes contemplated by this section.

27. Every selector desiring to avail himself of the provisions of Pumhaae-money for

the two last preceding sections, or either of them, shall, at or before on applioatim.	such sites to be paid
making his application, pay to the Treasurer the purchase-money for the land for the grant of which the application is made, calcu-

I lated

49' & 50' VICTORIA& No. 393.

PABT 11, lated at the ratp per acre at which hc shall have agreed to purchase his selection; and from and after every such grant the agreement in which the land so granted is included shdl be read and coli- strued as if such land had been expressly excepted from the operation of such agreement, and the purchase-money paid for such land shall be a pro tanto payment of the purchase-money paynblc under such agreement for the whole selection.

Agreement may be

surrendered.	28, Upon application in writing by any selector for permission to surrender his agreement, the Commissioner, if he is satisfied that such agreement was entered into bon,d$de fur the purpose of cnlti- vation, and not in any way for the purpose of infringing or evading
the provisions of this Act or any repealed Act, may allow such
selector, upon forfeiting any money paid by him in respect of such agreement, to surrender the same, and the same shall thereupon Fe forthwith ca~icelled, and the land mentioned in such agreement shall become Crown lands, and the surrendering selertor sl lall be entitled to become a purchaser upon credit of any other land in the same manner as if such agreement had not been made, but shall not be entitled to purchase again the land which he shall thus have sur- rendered.
Mineral lesae ma be	29, In case any selector shall desire to obtain a mincral lease of any part of his selection, it shall be lawful for the Governor to grant such mineral lease to such s~lector in the same manner in all respects as if such land were Crown lands. From and after the granting of such lease the agreement under which such land was held shall be read and construed as if that portion of the said land in respect of which such lease s t d l have been granted had been expressly excepted from the operation of such agreement, and a proportionate reduction shall be made in the amount of the purchase-money payable under such agreement,

granted of part o	P
selection.

Selectors ta aend in

returns. 30. Every selector shall, after the coming into operation of this

Act, within f~urteen days from the expiration of each year from the	date of his agreement, deliver at the office of the Commissioner a
return containing all the particulars mentioned in Schedule F hereto, and the omission to deliver any such return shall render the land in respect of which such return should have been delivered liable to forfeiture at the discretion of the Commissioner; and the wilfully making of any incomplete return, or any false statement in any such return, shall be a fraud under this Act, and the truth of the statements in every such return shall be declared before some one of the persons authorised by section 215 of this Act to take declarations, and every such return shall be deemed a declaration within the meaning of the said section. 111 case of the ternporaloy absence from the province of any wlector holding a selection under
the condition of non-personal rcsidcnce, such delaration may be
made by his attorney or agent.

No transfer dowed 31. No deed or contract purporting to transfer or otherwise deal

~ v i t h

49e & 50* VICTORIW, No. 393.

The Crown Lands Consolidation A c t. 1 8 8 6,

with the estate or interest of any sclector in his selection, or in any PART 11,

portion of his selection, shall have any farce or effect until after thk ,,f

same shdl have been auuroved bv the Commissioner; and the Corn- C~mmm+ionera I I I .

missioner may approve of a transfer being made to some person to be named as transferee on being satisfied that the land was taken

up Oond ficle for the usc and benefit of the transfcror, and not with

the intention of evading the conditions of the agreement, and that the transferor is from illness, physical incapacity, or necessary absence from the said province, unable t o occupy such land, or in cases where a woman holding a selection shall marry, or on the application of the personal representative or devisee of a deceased selector: or where i t is satisfactorily shown that continued occupation will inflict a personal hardship upon, or be the occasion of great loss to, the selcctor, and that the person named as transferee has agreed to purchase the interest of the selector in the selection, and there- upon the pcrson so agreeing to purchase as aforesaid shall be bound by all the conditions of the agreement, in the same manner as if he had been the original selector. No such transfer shall be made so as to enable any person to hold under agreement more than the maximum area provided by this Act, and no person who has trans- fcrred any land under agreement under this section shall be allowed to purchase any laiid upon credit until after the expiration of three years from the date of such transfer.

32. Any person applying for the transfer of a selection may, Proviaion on aurren- der for subdivision of

subject to the approval of the Commissioner and for any of the	selection.
causes for which the Commissioner may approve of a transfer men- tioned in the last preceding section, surrender his agreement; and the Commissioner may, at his discretion, cause the land comprised
in such surrenctered selection to be resurveyed in two or more blocks
at the expense of the selector so s~r~cndcr ing his agreement, and the Commissioner may enter into one or more new agreements for the sale upon credit of such land or any part thereof.

33. Any person having purchased or selected a section of land Sections may be

may, at any time, apply to the Comrnissioncr to cause such section	divided.
to be divided into two or more parts, and held under two or more agreements by himself and any other person or persons to be named by him and approved by the Commissioner: Provided that such pcrson shall, on so applying, pay thc costs of such division: Pro- vided also that the Commissioner may decline to allow any such division.

34. All sums of money which shall be paid for improvements Improvements paid for by purch3ser to

by any purchaser upon credit of any imprnved lands, shall, to the	be allowed ae if made
extent of the value of such improvements for the time being, be	by him.
allowed to him in computing the amount required to bc cxpended by such purchaser in improvements under the provisions of this .Act.

(3) Alienations by Private Contract or by Auction .for Cash.

35, Any agricultural lands which shall have remained unselected Agricultural lands,

C-393. for

49' & 50' VICTORIJE, No. 393.

The Crown Lands Consolidation Act.-188 6.

PART 11. for two years, after being open for selection for purchase npon credit

unseleotedfm two

years may be sold	on the condition of personal or substituted residence, may be sold
for cash.	by auction or private contract to any person for cash at the minimum
price provided for by section 13 of this Act.

TOW^ and suburban 36. Town lands and suburban lands may be sold by auction for

land"	auotion. be 'Old	cash, and shall not be sold upon credit or by private contract except under the right of purchasc conferred by a lease of any of such lands, undcr Part XI. of this Act.
Special country lots

may be sold for cash 37. Any special country lots, may be sold by auction for

at any time. cash.

Commissioner may 38. Thc Commissioner may fix an upset price at which the lands

fix upset price.	mentioned in the last two prccedirig sections may be respectively offered at auction, and may from time to time raise and lower such upset prices: Provided always, that such upset prices s l ~ d l not be
less in any case than One Pound per acre.

Lands to be gazetted 39, No such lands shall be offered for sale at auction until after

before auction.	a statement showing thc particular lands, and the upset price at
which it is proposed to offer the same r~spectively, and the time and place at which such auction mill be held, has been published for four consecutive weeks in the Gouernnzent Gnz~tte,
A&ultural lands to

be always open for 40. Nothing in this subdivision of this part of this Act con-

ds	tained shall prevent any agricultural lands open for selection being selected upon credit, under thc foregoing pFovisions of this Act, at
any time prior to the day of snle by suction of such lands, and any such lands so offered for sale by auction, and not sold, shall remain
open for sale upon credit or snle by private contract for cash.
Purchase-money of

lands sold for cash, 41. No Crown lmds shall be sold for cash at public auction

how payable. unless on condition that the purchaser shall pay at the time of sale,

money, and shall pay the residue of the purchase-money within 0r.e	in ready cash, a deposit of at least twenty per centum of the purchase-
month next after the timc of the sale; and in case the purchaser shall fail to pay the whole of the purchase-money within such period, thc deposit shall be forfeited, and the sale of thc lands purchased by him shall be null and void, unless the Commissioner shall waive such forfeiture as hereinafter provided.
( 4 ) Alienations by Lease with Bight of Purchase of Scrub Lands.

Scrub land8 may be

leased with fight of	42. Scrub lands may be offcrcd on lease in blocks of not more than three thousand two hundred acres, for any term not exceeding twenty-one years, with a right of purchase at any time during the last eleven years of the term.
purchase.

Scrub in fiM

place to be offered on 43. The right to every lease of scrub lands shall in the first place

condition of prmod

be offered for sale by auction on the condition of personal residence,

reddence.

and with a provision that all payments of rent shall be credited

against

49' & 50" VICTORIR, No. 393.

The C~own .Lands Consolid~ction Act.--1816.

against purchase-money, The land shall be offered at the upset PAN- 11.

price of One Pound per acrc, and thc competition sliall be in advance of such upset price; and the person who shall be entitled to such lease shall be the persou who at such auction shall offer the highest price for tlw purchase of the land. The anlount of the nurchase-rnorlev sllall be payable as rent by equal yearly instal- I d

ment s payable in advance, distributed over the term of' the lease.

44, If such right shall not be sold at any such auction the scrnb unsold to remain

lands offered to be leased shall remain op&i for selection on scrub f " ~, " ~ ~ e ~ ~ ~ ~ $ ? O 1 l

lease for at least three months, on the condition of personal resi- same condition.

dence, at the price of One Pound per acre, payable in manner and

at the times in the last preceding section provided for payment of

rent.

45, The right to a lease of any scrnb lands which shall not have ~funselectea, to be

offered on lease with-

beea so selected during such period may afterwards be offered for sale ., ,o,~,io, of

by auction without the condition of personal residence and without personal residence.

the benefit of rent beiag credited against purchase-money. The lease shall be offered at the upset annual imit of Ten Shillings per square mile, or part of a square mile, with a right of purchase at One Pound per acre, and the competition shall bc in advance of such upset rent; and the persoil who shall bc entit,led to such lease shall be the person who at such auction slmll offer the highest annual rent for the land.

46, Whenever the right to the lease of any scrub lands has been Lands remaining un- leased may be leasod

offered for sale at auction under the last preceding section and without lease being

remains unsold, such lands shdl remain opr11 for selection on scrub ~ $ ? ~ d a t

lease, with or without thc condition of p er so id residence, on the

terms at which the same were previously offcrcd at auction, and

may he leased to any person applying for the same without being

again offered at auction: Provicicd that no lease shall bc so granted

auction, and that the Cornmissioner may cause the right to such for any less rent than the rent at which the land was last offered at	lease to bc again offered 'for sale at auction notwithstanding any
application which Inay have beea made for thc same.
pay the rcnt therein reserved yearly in advance, and also, so far as lease. 47, Every scrub lease shall contain a covenant by the lessee to Covenants in scrub
the nature of the land will permit, to clear wood and timber during each year of the term from not less than one-fortieth part of the land dernised, until one-half of the same is rendered available for agricultural purposes; and every such lease shall contain a proviso for forfeiture in case of the breach or non-observance of any of the covenants therein contained.

48, No lessee to whom a lease of any scrub lands shall hereafter scrub lessee not en-

be granted shall, by virtue of such lease, be entitled to any rights of

titled to commonage

commonage, or to depastnre any cattle or sheep on the Crown lands

within any hundreds,

(5) Lcases

49' & 50" VICTORIE, No. 393. - -

-

The Crown Lands Consolidation A c t. 1 8 8 6.

-

PART 11. ( 5 ) Leases of Grazhy and Cultivation Aands.

~rnzhgand cultiva-

tion lands may be 49. Grazing and cultivation lands may be offered on lcase in

~eaaed.

blocks of not more than twenty thousand acres each for the term of .

twenty-one years,

commiesioner to fix

size of blocks and

50. The size and shape of the blocks to be offered on lease, and Commissioner.

rent,:

the rent at which the same are offered, shall be determined by the

Notice to be given of 51, The Commissioner shall, by notice in the Government Gazette

land' O F n	describing generally the lands referred to, and stating the rent at which the same are offered, from time to time declare that such lands shall be open for lease, at a date not less than eight weeks from the first publication of such notice. Every such notice shall be published in the Govcmment Gazette at least four times. The land shall in the first place be open for lease on the condition of personal residence. Should no application be made for a lease on that condition within three months from the date on which the land shall be open for lease, or should the applications made be refused, the land shall thereafter be open fbr leasc on the condition of personal or substituted residence, and applications shall state whether
such applications are on the condition of personal or substituted
residence.
Rent.	52. The rent shall be payable annually in advance, and shall not be less than one halfpenny per acre per annum in addition to five per centum per annum on the value of all improvements (if any) on the land at the date of the lease.
Applications for letlse

to be made to Com- 53. Applications for any such lease n:av Fe madc to the Corn-

missioner ma laid missioner by letter, enclosing the amount* of one vear's rent as

before Land Board. in the Govevnmnzr ( h e t i e, and giving the names, addresses,

and occupations of the applicants. The Commissioner shall lay

all such applications before a Board, which shall consist of three members, to be appointed by the Governor, and which Board shall be oalled "The Land Board,"

Board tododermineon 54. The Land Board shall meet whenever summoned by the

applications. Commissioner, and shall consider the applications received, and decide upon the leases to be granted, and the persons to whom the same shall be granted, preference as between applications for the same land being given to applications on the condition of personal residence, and may, if they think fit, require the personal attendance of and examine applicants for any leasc; and the decision of the Board, or a majority thereof, shall in all cases be final.

Covenants to be
inserted in leaee.	65. Every such lease shall contain covenants by the lessee to take possession of the leased land within nine months from the date thereof, to pay the rent thereby reserved annually in advance, to pay all rates, taxes, and other impositions which may be pay-
able $ respect of the leased land during thc lease; to keep and

maintain

The Crown Lands Consolidation Act.--1886.

maintain all improvements on the land in good tenantable and	PART IT.
working repair and condition; to insure a l d keep insured in the full value thereof all improvements (if any) liable to be destroyed or damaged by fire which shall at any time during the lease be upon the leased land, in the joint names of the Commissioner and the lessee, in some insurance office to be ap- proved by the Commissioner; to lodge the policy of such insurance in the office of the Commissioner within one month :tfter the date of the lease, and to forward to the Commissioner the receipts for the premiums payable in respect of such policy within seven days after the same becoming due, and shall also contain a power for the Commissioner to insure on default by the lessee, and to recover the moneys paid for such insurance in like manner as rent is recoverable.
In cases where the lcase is granted on thc condition of personal
residence the lease shall also contain a covenant by thc lessee during the first year of the term to reside on the leased lard for three months at the least, and during every subsequent year of the term to reside on the said land for six months at the least. In cases where the lease is granted on the condition of substituted residence the lease shall also contain a covenant by the lcssce during the first year of the term to keep a male substitute over eighteen years of age residing on the leased land for three nlonths at the least, and during every subsequcnt year of thc term to keep a lnale substi- tute over eightccu years of agc continually residing on the said land during nine months at the least.

56, There shall be excepted from every such lease all timber, Minerals and timber

stone, lime, sand, metals, and minerals, and power shall be reserved	to be excepted from
to the Commissioner, and all persons authorised by him by licence or mineral lease isswd under the authority of this Act or under regula- tions for the tirne being in force or otherwise, to alter upon the leased land, and remove, work, or dispose of such timber, stone, lime, sand, metals, and minerals. The lessee shall nevertheless,
for improvements on the leased land any timber, lime, stone, and	with the previous consent of the Cornmiss-ioner, be at liberty to use	sand so excepted.

public purposes, the whole or: from time to tirne, any portion of the for public purposes. 57. The Governor may rcsumc, for roads or railways, or other Power to resume land

land subject to the lease: Yrovided that at least one' month's notice

of the intended resunlption shall be given to the lessee. In case of resumption the lessee shall be paid compensation for the loss he shall sustain thereby, such compensation to be determined in similar manner as provided for valuation for improvements in clauses 191 and 192 of this Act.

of time, be paid by the Coiumissioner the then value of ail improve- menta. 58, The lessee shall, at the expiration of his lease bv cffluxion Payment forimpmve-

xnents then on the land bonaJide made by the lessee with the co~lsent

of the Commissioner during the term of the lease, for the purpose

of improving the leased land, or increasing the carrying capacity

thereof,

22 49" & 50' VICTORIW, No. 393. .-p-u-

The Crowrz Lands Consolidation Act.-1986.

-

PABT 11. thereof, and consisting of wells, reservoirs, tanks, or dams of a permanent character, and available for the use of cattle or sheep, and which increase the carrying capacity of the leased land, or of fences, substantial huts, sheds, and buildings erected for residence or shearing purposes, such value to be determined by valuation.

Jmeenotentitleato

oommonage. 59, No lessee under a grazing and cultivation lease shall by virtue of such lease be entitled to any rights of commonage or to depasture any cattle or sheep on the Crown lands within m y hundreds,

PART 111. PART 111.

Persom entitled to	SELECTORS' LEASES.
selector's leascs of

eurrcndered lands. 60. Any selector may, in manner provided by regulations for the time being in forcc on the subject, s~lrrender his selector's agreement in exchange for a selector's lease of the same land; and all selectors' leases of surrendered lands herctoforc granted shall be as valid as if granted under this Act.

Term of lease of sur- 61, Every lease of surrendered lands shall be for a term of

rendered lands.

twenty-one years, commencing from the data of such lease being a wranted, at such rent (not being less thau Twopencc per acre) as shall be fixed by the Cornmissloner by valuation of the land, exclusive of the improvcmmts thereon; and shall contain a right of renewal for n further term of twenty-one years, commencing from the expiration of the original lease, at such rent (not being less than thc origilial rent) as shall be fixed by the Commissioner

by valuation.

Power to transfer

62, The lessee under any such lease shall have the right to

transfer such lease, and after such transfer the transfcrcc shall hold

the land therein described upon the same terms and conditions as

the transferor previously held the same,

Leiee to be	credited	(33. Any selector who shall heretofore have surrendered, or shall
excess area.

with amount puid for hereafter surrender, his agreement in exchmge for a lease, and who

shall have purchased and paid for any excess arcs of laud, shall, on surrendering his receipt for the purchase-money of such excess area to the Commissioner, be credited with the amount so paid by him a~ains t the rent payable under his lease, and the land purchased by hlm as aforesaid shall thereupon revert to the Crown, and shall be included in hie lease.

L W ~ S of lands re- m, The Commissioner shall cause all lands reserved for leasing

served for leasing to

by auotion. to be surveyed, and selectors' leascs thereof to be offered for sale by auction at an upset annual rental to be fixed by the Commis- sioner according to the quality of the land and the value of the improvements thereon.

4 9 O & 50' VICTORIW, No. 393.

The Crown Lands Consolidation Act.-1 8 86.

65, As to any drainage lands reserved for leasing, the term of further term of fourteen years, commencing from the expiration of the drainage land. PART 111.

the lease shdl be for fourteen years with a right of renewal for a Term of lease of

original lease, at an annual rent to be fixed by the Commissioner by valuation having particular reference to any increase in the value of the land by reason of any works carried out at the public cost: Provided also that the lessee of any drainage lands under Act No. 318 of 1884 may surrender the lcasc and obtain a new lcase of such lands for fourtecn years froin the date of the original lease, with the right of renewal $or a further term of fourteen yems, as if the land had been let under this Act.

66, All other lands reserved for leasing shall bc surveyed in Term of leaseof the

blocks, according to the quality of the land, and the leases thereof ~	~	re'erved	~	~	~	~	&	~	.
to be offered for sale shall be for a term of fourteen years, with a right of renewal for a fbrther term of fourtccn years, commcncirlg from the expiration of the original lease, at an annual rent to he fixed by the Commissioner in the same n~anner as the rent under the original lease shall have been fixed.

annually in advancc; and every such lease shall bind the tenant to tore' leases. 67. The rent reserved by every sclcctor's leasc shall be paid Conditions of eelec-

fence the land leased within two years from the date of the lease, and to personally reside on such land for three months during the first year, and for nine months at thc lcast in every s~xcceeding year of the term; and every such lease shall also contain such right of re-entry and such other terms and conditions, not inconsistentwith the provisions of this Act, as the Commissioner may see fit to impose.

68, Provision shall be made in every selector's lease enabling the Reaumption of leased

Governor to resume, for public purposes, the whole or, from time to	lands.
time, any portion of the lmd leased: Provided that at least six months' notice of the intended resumption shall be given to the
lessee by ptlblication in the Goverrcment Gazette, and that within three months after the resumption the lessee shall be paid compen-	sation for the loss which he shall sustain thereby in an amount to
be fixed by valuation.

69. Every lcssce desirous of exercising any right of renewal con- ~;!;;~;~;;~~;g

ferred by any selector's lease, shall, not less than three months nor more than six months before the expiration of the original lease, give written notice to the Commissioner of such desire, and shall executc thc rencwcd lcase within a time to be fixed for the pur- pose by the Commissioner by notice published in the Government Gazette.

conditions, so far as applicable, as the original lease, excepting only 70. Every such renewed lease shall contain the same terms and p1,9 i ' i""~~~~~~~~~

that it shall not confer any right of renewal.

71. Every lessee who shall fail to give such notice, or to execute ~ r o c e e a h ~ o n such failure to renew.

49' & 5o"ICTORIW, No. 393.

The Crown Xands Consolidation Act.-1886.

P- P - P- --

--

such rencwed lease, as hereinbeforc provided, shall forfeit his right of renewal. And the Commissioner shall cause all improvements then on the land, made by the tenant with the consent of the Com- missioner during the term of the lease, and also as to surrendered lands during the term of thc surrendered agreement, to be valued, and shall cause a lease similar to that in respect of which the lessee forfeited his right of renewal to be offered for sale by auction at

a premium of not less than three-fourths of the valuc of such im-

provenlents, to be paid in cash bv the purchaser to the Commissioner, and afterwards to be paid by *the Conlrnissioner to the outgoing lessee. And every lessee shall, at the expiration of any renewal of any selector's lease held by him, be entitled to be paid by the Com- missioner three-fourths of the value of any irnprovemcnts then on

the land made by the lessee, with the consent of the Commissioncr,

during the original or renewed term of bhc lcase, and also as to sns- rendered lnncls during the term of the surrendered agreement, such

value to be fixed by valu t' n ion.

l~aaing by private 72,

All lands reserved for leasing, the lease of which shall have been offered for sale by auction and not sold, may be taken up on leasc at the upset price by any eligible person on the terms on which such lease was offered for sale, on application to be made in maliner provided by regulations for the timc being in force on the subject; and if not so taken up within the time prescribed by such regulations, leases of such lands may be offered for sale by suction at such reduced rent as the Commissioner may from time to time fix.

contract.

PART IV. PART IV.

MAXIMUM AREA O F LANI) WHICH MAY RE HELl)

UNDER SN1,ECTO R'S AGREEMENT, SCRUB LEASX,

SELECTOR'S LEASE, AND GRAZING AND CULTI- VATION LEASE., AND CONS'I'RUCT10N OF RESI-

DENCE AND CULTIVATION CONDITIOS S.

Who may not hold	73. No person ~lnder	the age of eighteen years, nor any married
lands.

woman, except a married woman who has been judicially separated from hcr husband, or has obtained a p t e c i i o n order, binding according to the laws for the time being in forcc in Ihc province, &all be entitled to hold, directly or otherwise, any lands comprised

in a selector's agreement, scrub lcasc, grazing arid cultivation

lease, or selector's lcase, unless such person or rnadried woman shall become entitled to such lands as the personal representative or devisee of a selector or lessee: Provided that should a woman holding any such lands subsequently many, it shall be lawful for her to transfcr the agreement or leasc held by her; but not so as to thereby

enable any person to hold a greater area of land than thc maxi-

mum area limited by this Act.

Maximum area of

land allowed to be 74. The maximum area of agricultural lands and lands reserved

held.

for leasing which any person shall be capable or competent, either

directly

49' & 50" VICTORIA;,, No. 393.

The Crown Lands Consolidation Act,-1886. - --

p- - -.

P A R ~ IT.

directly or indirectly, to hold, or to have any interest whatever

in at any one time, shall bc as follo~vs-

(a ) Under selector's agreement-one thousand acres:

( b ) Under scrub lease-three thousand two hundred acres:

(c) Under grazing and cultivation lease-one block not exceeding

twcnty thousalid acres:

(d ) Under selector's lease-

(1) One thousand acres of drainage lands:

(2) One block of other lands reserved for leasing:

(3) Three thousand acres of lands previously held under

agreement and surrendered for a lease-except

within the boundaries dcfined in Schedule G

hereto, and in such other hundreds or parts of

hundreds as may from time to time be proclaimed

by the Governor, within which the aggregate area

may be extended to five thousand acres:

Subject to the following provisiorix: -

(l) No person shall hold under sclcctor's agreement and undcr lcnsc of drainage lands togcthcr more than one thousand acres:

(2) No person shall hold land under agreement on the condition

of personal I-esidence outside of the boundaries defined in

Schedule B hereto, and also drainage lauds:

(3) No person shdl hold of land under agrccmcnt and of lands previously hcld under agreernclit and surrcndcrcd for a leasc together inore than thwc thousand acres, with iho exception that, within t l~o l)o~xnclarics defined in Schedule G hereto, and in such other hntlrccls or parts of hundreds as may -

from time to t ime be prochimed by the Governor, a person

may hold undcr. selector's leasc sllfficicnt lands to make up

together with the lands held by him mder selector's agrec-

mcnt five thousancl acrcs:

(4) No person shall hold rnore than one grazing and cultivation

lease:

( 5 ) No person shall hold under agreement more than three separate a i d detached blocks of land:

(6) No person who shall have held, or shall hold, land under agreement pursuant to any of the Crown Lands Acts, shall hold under agreement undcr this Act s larger area of land than mould with the lard so held by him make together one thousand acres: Provided that lands surrendered pur- suant to section 30 of the Crown Lands Consolidation Act (hereby repealed), or section 29 of this Act; and lands sur- rendered in exchange for a lease under any of the Crown

D-393. Lands

-	49" & 50° VICTORIW, No. 393.
The Crown Lands Gonsolidation Act.-1 886;

Lands Acts before the first day of August, one thousand eight hundred and eighty-five, and subsequently transferred; and lands surrendered under section 2 of the Crown Lands Amendment Act, 1882, and not repurchased by the same selector; and lands held under agreement by any selector who has, or shall, become insolvent, or has made, or shall

make, any statutory assignment for the benefit of his credi-

tors, shall not be computed as part of such one thousand acres, as against the person who shall have surrendered such lands, or shall have become insolvent or made such assign- ment.

No selector or

leaeee to hold in his (7) No selector or lessee shall hold any land under selector's agree- lease, or any part of or interest in any such land, as agent, servant, or trustee for any other person, nor agree with any other person to permit any person to acquire by purchase or otherwise any such land, or any part of or interest therein; and every violation or attempted violation of this provision is hereby declared to be a fraud under this Act; and all contracts, agreements, securities, bonds, and other instruments which shall be entered into, made, or given, with the intent of violating or evading this provision directly or indirectly, are hereby declared to be illegal and, as between all the parties thereto, absoluiely void.

own name M agent, ment, selector's lease, grazing and cultivation lease, or scrub

&C., for another.

Penalty for excessive

holding. 75, Any person who shall knowingly become, or shall for the

space of three months knowingly continue to be, the beneficial

holder under selector's agreement, scrub lease, grazing and cultivation lease, or selector's lease, rcspectively, and, whether in his own name

or in the name of any other person on his behalf, of more than the

maximum area of land allowed by this part of this Act, shall forfeit all land and agreements and leases held by him under such selector's agreement, scrub lease, grazing and cultivation lease, or selector's lease, and shall be guilty of a misdemeanor, punishable on	a first conviction by a fine of not less than Ten Pounds nor more than	Five Hundred Pounds, or in default of payment by imprisonment not
exceeding twelve months, and for a second and every subsequent offcnce by imprisonment not exceeding five years, with or without hard labor. All prosecutions under this section must be instituted at the instance of the Attorney-Gencral; and it shall be presumed that the act complained of was done knowingly, unless the defendant shall prove the contrary.

Selectors allowed to

select sufficient 76. Any selector who shall have purchased less than the maxi-

quantity of land to

mum area which he is entitled to hold under selector's agreement

complete maximum

armb.

may take up sufficient agricultural lands to make up such maximum

area, subject to the following conditions-

r. The purchaser at any auction may, at the time of purchase, select the deficient area from adjoining lands; but so that only one section shall be subdivided to make up the deficiency: IT. Any

49' & 50" VICTORIW, No. 393.

Tne Crown Lands Consolidation Act.-1886.

PART Iv-

11. Any selector may make up the deficiency at any time from any lands open for selection:

rrr. The direction of the line subdividing any section shall be

subject to the approval of the Surveyor-General:

rv. A fee of Ten Pounds shall be paid for the subdivision of each section by the person requiring the same.

lawful for any selector, where the block or bloclrs of land purchased in blooke as surveyed. 77. Notwithstanding anything hereinbefore contained, it shall be: Provision for excess

or selected by him shall contain, as surveyed, an area of not more than sixty acres in excess of the maximum area which he is entitled to hold under selector's agrccment, to purchase such excess, upon payment in cash a t the time of selection, at the same rate per acre

as he agrccs to pay for the other land purchascd or selected; but

such person shall not be entitled to a land grant for the cxcess so purchased unless and until hc shall have completed the purchase of the other purchased or selected land; and in case the other land purchased or selected by him ahall be forfeited, the money so paid shdl be forfeited, and the excess of land so purchased shall revert to the Crown.

78. Lands devolving to the devisee or personal representative of ~ ~ ~ ~ ~ ~ ~ e f ~ ~ ~, O f

any deceased selector or lessee in trust for any other person or representatim. Demons. shall not be included in the maximum area which such J. I

devisee or personal representative is entitled to hold: Provided that such devisee or personal representative shall, within three months from the date of the grant of the probate or letters of administration to him, give notice in writing thereof, and sufficient particulars to identify thc land so devolving to him, to the Com- missioner, and, in default of and until such notice, shall not be entitled to sclcct or become the lessee of any other Crown lands so as to increase the area held by him: Provided also that when any such devisee or personal representative, having already selected land

at the north-west Section 6.

corner of the hundred of Benara; thence east along the north boundary of said hundred to its norih-east corocr; thence north along the west boundaries of the hundreds of Young, Grey, Monbulla, and Rillanoola to the south-west corner of the hundred of Robertson; thence westerly to the south-east corner of the hundred of Joyce, and north-north-westerly to its north-eastern corner; thence north along the western boundaries of thc hundreds of Lochaber, Glen Roy, and Parsons to the north-west corner of the latter hundred; thence westerly along the north boundary of county MacDonnell to its north-west corner; thence in a southerly, south-westerly,

and south-easterly direction, following the sea-coast to the point of commencement.

Excepting such of the said Crown lands as shall for the time being be subject to the

provisions of Act 34u of 1885.

SCHEDULE C.

Grazing and Cultivatiota Lands.

1. Lands within hundreds existing on the date of the passing of this Act, and not specially reserved for leasing under Act No. 318 of 1884.

2. Lands for which notice of resumption has been served within an average of twenty miles of the east boundaries of the hundreds of King, Rees, Tomkinson, Ketchowla, Hardy, Nackara, and Paratoo; within twenty miles of thc cast boundary of the hundred of Waroonee; within ten miles of the n o ~ t h boundaries of the hundreds of Waroonee, Rlinburra, and part of Yalpara; within eleven and one-half miles of the west boundary of the hundred of Woolyana; within nine miles of the west boundary of the hundred of Barndioota; within nine miles of the north boundary of the hundred of Forrest; and lands lying to the east of the hundred of Forrest for an average width of ten miles and extending nor~hwards from the north boundary of the hundred of Rounsevell to the County boundary of Robinson.

Lands seven miles on each side of the line of railway from the Murray Bridge to the east boundary of the province.

3.

SCHEUVTdF;

49" & 50" VICTORIE, No. 393. ----r-

The Crown Lands ConsolLdation Act.-1 886.

SCHEDULE D.

Deciaratton to 6e made by Selector in case of Substituted Residence.

860. 14, s u b c. VTII 1, of , in the Province of South Australia,

, do hereby declare my intention to actually and b o n d j d e culti-

vate the section, in the hundred of, county of, this day purchased by me upon credit, and that I make the said purchase solely and entirely for my own use and benefit: And I do hereby solemnly and sincerely declare that no other person is interested with me, either directly or indirectly, in the purchase of such land, or any part thereof, or interest therein: And I make this solemn declaration conscientiously believing the same to be true.

A. B.

Declared at , in the Province of South Australia, this day

of 18 , before me,

C. D.

[To be written or printed at the foot of every declaration]-NOTE.-If any of the

statements contained in the above declaration are untrue, the person making the

same will be liable to the penalties of wilful and corrupt perjury.

SCHEDULE E.

-lFCo~orm of Ayreemcut f u r Sale and Purchase on Credit.

No.

Section 17.

Memorandum of agreement made the day of 188 between the Commisvioner of Crown Ilands and Immigration of thc I'rovince of South Australia (hereinafter called the vendor) of the one part, and of

(hereinafter called the purchaser) of the other part, whereby

it is agreed between the parties hereto that the vendor shall sell, and the purchaser

shall purchase, all that piece of land, being section No. situate in the

hundred of county of and containing

acres or thereabouts, in fee-simple, at the price of to

be paid in manner hereinafter provided.

I t is also agreed by the said parties as follows, that is to say-

1, The purchaser shall and will take possession of the said land within three months fmm the date

hereof, and shall and will, during the first year of the currency of this agreement, reside on the said land (or, in case* of .substituted rtsidence, keep a male substitute over eighteen yeare of age residing on the said land) for three m o ~ t h s at the least. After the first year the purchaser shall nontinue to reside

(or, in c a m of audstitutett residence, keep a male substitute over eighteen years of age continually resid-

ing) on the said land during nine months out of every twelve months thereafter, until the payment of

the last instalment of the purchase-money.

2. The purchaser shall and mill make substantial improvements upon tho said land before the end of the second ear, to the extent of Fivc Shillings per acre; before the end of the third year, to the extent

'of Seven S 'llmgs and Sixpence per acre; and before the end of the fourth year, to the extent of L

Ten Shillings per acre; such improvements to consist of all or any of the following, that is to say- Erecting a dwelling-house or farm buildings, sinking wells, constructing water-tanks or reservoirs, putting up fencing, draining, and clearing and grubbing the said land.

3. No fence shall be deemed to be a fence within the meaning of this agreement unless the artme shall be a wire fence, or constructed of posts and rails or wires, or of stone, or other substantial material, and ordinarily capable of resisting the trespass of great cattle.

4. Any person authorised by the vendor may, at all reasonable times, enter upon the said land to view the same and any improvements made thereon.

6. The purchaser shall and will plough, dig, or tronch, and have under cultivation during the first year, at least one-tenth of such land; and during each and every subsequent year, until the whole of the purchase-money has been paid, at least one-fifth of such land with hemp, flax, pulse, luccrne, root crops, cereals, or wattles, or with cereals and wattles: Provided that if the purchaser shall be deairous of engaging in the cultivation of osiere, olives, mulberries, vines, apples, pears, oranges,

8, almonds, potatoes, onions, beetroot, mangold-wurtzel, hops, apricots, peaches, walnuts, sweet

filberts, or cobnuts, or such other plants as the Governor in Council may at any time define

by Proclamation in the Qovernment Qazette, the planting and cultivating in a husbandlike manner of

one acre of land with any of the above trees or plants shall, for all purposes of this agreement, be

deemed

49' & 50' VICTORIE, No. 395

The Crown Lands Co~zsolidation Act.- 1886.

--

-- -.

deemed to be equivalent to the cultivation of six acres of such land as hereinbefore defined: Pro- vided that such cultivation be boncz$fide continued and kept up to the satisfaction of the Commissioner until full payment of the purchase-money, but not othcrwise.

6. The purchaser shall and will send in to the vendor true returns, as provided by " The C r o m Lands Consolidation Act, 1886.''

7. All improvements, ploughing, and cultivation made by the purchaser shall be subject to the valuation or inspection, as the case may be, of such officer as the vendor may appoint for that purpose,

whose valuatio2 shall be conclusive and binding on the parties hereto.

8. The vendor acknowledges to have received from the purchaser the sum of ;6 being

Ten Pounds per centurn of the purchase-money. The purchaser shall on the day

of 18 pay a further sum of g and shall and wiIl pay the balance of the purchasy-

money by aixteen equal yearly instalments of S on the day of in

every year, thc first of which will become due on the day of 18 . Should

any ~nstalment of purchase-moncp remain unpaid, in whole or in part, for the @pace of thirty days

after the same shall have become due, the purchaser shall pay interest upon the whole amount d such

instalment, computed at the rate of Five Pounds per centum per annum. On non-payment of such instalment and interest, or either of them, for the period of two years, it shall be lawful for the vendor, by notice in the Dovern~iaent Gazette, to declare this agreement to be forfeited.

9. The purchaser may, at any time after the expiration of the first ten years from the date of this agreement, and before the time hereinbefore appointed for payment of the last instalment of purchase- money, pay off the whole or any part of thc balance of purchase-money then remaining unpaid, and shall therenpon he entitled to a grant of the land purchased.

10 The purchaser shall and will not at any tim?, until he has paid the whole of his purchase- money, assign, transfer, or make over the said lands, or his rights under this agreement, unless and until he has obtained the consent of the vendor for that purpose. The vendor will not consent to any transfer unless he is satisfied that all the conditions of this agreement have been complied with, and that the land included in this agreement was taken up bona$de for the use and benefit of the purchaser and not with the intention of evading the conditions of this agreement, and that the purchaser ia unable to occupy such land from illness, physical incapacity, or necessary absence from the province, or unless it be satisfactorily shown that continued occupation would inflict a personal hardship upon, or be the occasion of great loss to, the purchaser, and it is discretionary with the vendor in all cases to grant or withhold his consent.

11. This ngccmcnt is niado subject to the provisions of The Crown Lands Consolidation Act,

188G," and of any regulations for the time being in force thereunder; and any such regulations which may hereafter be made ehall be equally binding and obligntory on the parties hereto as if thie agreement had becn made subject thereto.

12. Upon breach of any of thc foregoing conditions, or upon a publication of s notice in the

Governmeltt Gasttc that the Commissioner has revoked this agreement, or if the purchaser shaU do

any act declared by "The Crown Lands Consolidation Act, 1886," to be a fraud thereunder, or shall make default in payment of any of the several sums, or any part thereof, payable under this agreement for the space of two years aftcr the m n e shall be pajable, then, and in either of such oases, the purcha~er shall forfeit all moneys paid and all bcnelit under this agreement, and shall delivsr up to the vcndor, or whomsoerer he may appoint, the said lands and a11 improvements thereon; and this agreement shall becomo void, and the purchaser may be dealt with under "The Crown Lands

Consolidation Act, 1886," as a person in u~~authoriscd occupation of such landg.

l n witness whereof the said parties hereto have hereunto set their hands the day and year first before'mentioned.

Vendor.

Witness to the Signature of the Vendor- Purchaser.

Witness to the Signature of the Purchaser-

SCHEDULE F.

Annual Return.

Return rendered in conformity with '' The C'ro~vn 1,ands Consolidation Act, 1886," showing the Nature, Extent, and Value of all Improvements and Cultivation made during the year ending 18 , and length of residence, upon Land purchased on Credit. Section 30,

Name of purchaser.

Hundred or Area in which the Land is situated.

Nog. of Scrctiom.

Nature

No. 7--

The Crown Lands Consolidation Act.--1886.

Nature and Extent of Improvements. Value.

BUILDINGS.

State whether dwellings or farm buildings, and give the dimen- sions of the buildings, and materials of which they are

conetructed.

FENCES. 1

State the kind of fence put up,

and the length. 1

WELLS, TANKS, OR RESERVOIRS.

Give description and measure-

ment. I

DRAINING, CLEARING, OR GRUBBING.

Give description of timber and

area cleared. 1

Total ,. .. .. .. .. . . .. .. .. .. . .. .. .

C

Quantity of land under cultivation:

Nature of such cultivation:

Length of time that the selector ha^ personally resided on the land during the year:

If

the selector i s not personally reaiding o n the land-

The Christian and surname of tho person who has been residing theroon:

The time he has so resided.

p P-

I, thc undersigned, being the purchaser upon credit, of the sect inn^ above

described, hereby declare that the above is a true and correct statement according

to the best of my knowledge and belief.

Signature.

Declared at this day of , 18 , before mc.

IIundreds or Parts of Hundreds in which Selectors' Leases may be granted of E v e YZousand Acres.

L

Anns	Crozier	Lake Wangary	Pirie	Waroonee
Arkaba	Cudlamudla	Lindley	I'layfol d	Warrow
Baldina	Davenport	Mangalo	Rees	w a y
Barndioota	Eba	M ann	Hidley	Willochra
Bendleby	Rrskine	McCullocll	Ripon	Willo wie
Black Rock Plain	Eurclia	Miltalie	Rounsevell	Winninowie
Boolcunda	Eurilpa	Minbrie	Schomburgk	Wirreanda
Boothby	Fisher	Minburra	Skurray	TVongyarra
Bower	Forrest	Mongolata	Sleaford	Wonna
Bright	Forster	Noockra	Stokes	Wonuka
Hrownlow	Gumbowic	Morgan	'l'alia	Woolundanga
Bundey	Hardy	Nackara	Terowie	Woolyana
Carr	Hawker	Nildottie	Tinline	Wrenfnrdsley
Carribie	I3 ay	Oladdie	Tomkinson	Wyacca.
('avenagh	Homburg	Palmer	Uley	Y adnarie
Coglin	K anyaka	Para! oo	U l i p	Y alpara
Colton	Ketchomla	Parnaroo	Uroonda	Yanyarrie
Coomooroo	Kiana	Pearce	Wallow ay	Yarrah
Coonarie	King	Pichi Richi	Wanilla	Y ednalue
Co~natto	Krichwff	Pindi~.	Ward

No.

The Crown Lands Consolidation Act.-18 86.

SCHEDULE H.

No. 1.

Form of CertzJicate on Sale by Auction of Credit Agre~ment.

To the Commissioner of Crown Lmds-

I, the undersigned, [fill in name], being the (Official Receiver of the Court of Insolvency, ov, the Clerk of thc Local Court of Insolvency at , or, the

trustee appointed at the instance of the creditors in the matter of Lnatne of selectorl,

an insolvent, or, the trustees of the deed whereby rnarne of selector I assigns his

estate for thc benefit of his creditors, or, the mortgagee under the mortgdge by 8ection 8S,

Lname of selector], dated day of 18 ), do hereby certify that, on

the day of 18 , the interest of the said I name of selectorl, under

agreement No. , was offered for sale bp public auction by [name of auctioneerl,

a t [place of sale"], and that at such sale [nume, address, and descr@tion of purchaser],

became the purchaser of the interest of the said [name of selector] in the land held undcr the said agreement, and that notice of such sale was advertise in [names o f

ntzuspapers j on I Jcctes of' insertions of advertisenzents].

Dated this day of , l 8 .

[$@nature.]

No. 2.

Ekr9n of Certificate on Sale t3y Private Contract of Credit Agreement.

To the Commissioner of Crown Lands-

1, the undersigned, ["l1 in name], being the (Official Receiver of the Court of Insolvency, or, the Clerk of the Local Court of Insolvency at , or, the

trustee appointed at the instance of the creditors in the matter of pzame of selector],

an insolvent, or, the trustee of the deed whereby [name of selectot. assigns his estate f

for the benefit of his creditors, or, the mortgagee under the mortgage by [name of

selector], dated day of , 18 ), do hereby certify that, on

the day of , l 8 , the interest of the said [name of' selector],

under agreement No., was offered for sale by public auction by [name of auctioneer] at (place of attempted sale], and that no sale was then effected; that notice of such attempted sale was advertised in [names of newspapers] on Ldates of insertions of advertisement], and that, on the day of, l 8, I effected a sale of such interest by private contract to [name, address, and &scr+tion

of' purchaser]. Dated the d3y of , l 8 .

[Signature.]

SCHEDULE I.

Information for Ezamination of Selector or Scrub Lessee or Lessee under

Grazing and Cultivah'on Lease, Seotion 92,

The Crown Landa Consolidation Act, 1886."

South [Royal .Arms] Australia

(to wit).

Be it rcrnembered that, on this day of , in the ycar

of our Lord one thousand eight hundred and , at 9

in the said province, of in the said province,

, who is hereunto authorised by the Commissioner of Crown Lands

and Immigration, personally came before me, Esquire, one of Her Majesty's Justices of the Peace in and for the said province, and gave me to under- stand and be informed that, of, in the said province

is the holder of section , in the hundred of

in the said province, under an agreement (or under a lease) dated the

day of, 18 , and that it is expedient that the said

should bc sumnloncd to be examined touching and concerning the

said land and the compliance with or the breach or violation by the said

of the provisions of The Crown Lands Consolidation Act, 1886," or any Act

thereby repealed, and the terms and conditions of the said agreement (or lease), and

the said prayeth that the said may be summoned to be

examined accordingly.

Taken before me at the day and year first above written.

J.P

SCHEDULE

49' & 50' VICTORIW, No. 393. - -P--- -- --

The Crow12 Lands Consolidation Act.-l 88 6.

Summons to Selector or Scrub Lessee, or Lessee under Grazing and

Cziltivatzon Lease.

" The Crown Lands Consolidation Act, 1886."

To of

Whereas information hath this day bccn laid before the undersigned, one of Hcr

Majesty's Justiccs of the Peace in and for the Province of South Australia, that you

are the holder of isection, in the hundred of, in the

said province, under an agreement (or under a lease) dated the day

of, 18, and that it is cxpcdient that you should be summoned to

be examined touching and concerning the said land and the compliance with or the

breach or violtttion by you of the provisions of " The Crown Lands Consolidation Act, 1886," or any Act thereby repealed, and the terms and conditions of the said agreement (or lease): Thesc are tlierefore to command you in Her Majesty's name that, laying aside all and singular business and escuscs, you bc and appear on

the day of '18 , at

o'clock in the noon, at, before such Justice of the Peace or Special Magistrate as may then be there, and continue in attendance until discharge& to be examined touching and concerning the several matters and things referred

in the said information, and also have you then and there

and all agreements, leases, deeds, documents, books, and other writings in your possession, custody, or control relating to the several matters and things aforesaid.

Given under my hand and seal this day of , in the

year of our Lord 18 , at , in the province aforesaid.

J.P. (L.s.)

SCHEDULE K.

Summons to Witness.

The Crown Lands Consolidation Act, 1886."

Between complainant, and defendant.

TO 3 of , in the Province of South Australia.

Whereas information has been laid before me, the undersigned for

one of Her Majesty's Jutltices of the Peace in and for the said province, that the 1,

above-named defendant is the holder of section , in the hundred of

, in the said province, under an agreement (or under a lease) dated

the day of, 18, and that it is expedient that the said defendant should be summoned to be examined, touching and concerning the said land and the compliance with or the breach or violation by him of the provisions of "The Crown Lands Consolidation Act, 1886," or any Act thereby repealed, and the terms and conditions of the said agrecmcnt (or lease): And whereas it hath been suggested to me that pon are likely to give material evidence on behalf of the

on this behalf: Thew are therefore to command you and each of

you in Her Majesty's name that,, laying aside all and singular bubiness and excuses,

you be and appear on , the day of

, l 8 , a t o'clock in the noon, at 9 before such Justice of the Peace or Special Magistrate as may then be there, and so

on from day to day until discharged, to testify all and singular those things which

you or either of you know concerning the matter of the said information on the part of the [/if SO/ and also have you then and

there and all agreekents, leases,

deeds, documents,	books, and other writings relating	to the several matters and
things aforesaid].

Given under my hand this , day of , A.D. 18

J.P.

SCHEDULE:

4 9 O & so0 VICTORIK, No. 393. -

-

The Crown h n d s Consolidcation Act.- 1886.

---

SCHEDULE L.

Notice of Intention to Revoke Agreements, Selectors' Lenses, Scrub Leases, and

Grazing and Cultivation Leases.

To each of the several selectors and scrub lessees, and grazing and cultivation Smtion 98.

lessees, whose names, addresses, and occupations, and the descriptim of whose respective selections and selectors' agreements, selectors' leases, scrub leases, and grazing and cultivation leases are set forth in the first, second, and third columns of the schedule hereto:

Take notice that I, the Commissioner of Crown Lands for the Province of South Australia, am satisfied that the selector's agreement, selector's lease, scrub lease, or grazing and cultiration lease held by you, and specified in the said schedule, is liable to be revoked, and the selections and lands under lease held by you, described in the said schedule, and all other selections and lands under lease held by ~ o u,

are liable to be resumed, by reason of your having committed the act, or having been guilty of the fraud, or having violated or failed to perform the conditions con- tained or implied in your agreement or lease. specified opposite your name in the fourth column of the schedule hereto: And further take notice that you are at liberty, at any time before the expiration of one month from the publication of this notice in the Goaernment Gazette, to furnish me with any documentary eviciencc (as to which the burden of proof is upon you) that you have not committed the act, or have not been guilty of the fraud, or have not violated or failed to perform the condition of your agreement or lease above referred to and specified in the said schedule: And also take notice that, if you furnish no such evidence, or if the evidence furnished by you fails to prove to my satisf'action that you have not committed such act, or been guilty of such fraud, or violated or failed to perform

the above-mentioned condition contained or implied in your agreement or lease, it

will be lawful for me, and it is my intention, to revoke all selectors' agreements and leases held by you, and to resume the lands therein described, after the expiration of one month from the publication hcreof in the @rwevnment Gazette.

Dated t l~is day of , 18 .

, Commissioner of Crown Lands.

THE SCHEDULE REFERRED TO.

Selectors and Lessees to whom this Reference to Agreement

Description of or Lease. Nature of Cause of

notice is given.

/ held under Lease. 1 Belection or Lands

Forfeiture.

?lame. I Address. Occupation. Date. Number.

l ----

John Jones ... .. . Kaponda / Farnwr Section l, hundred Nov. 9, 1 R81 l500 Holding the eeleelion as

of Blyth ~ervant of Samuel Smith

M i c h ~ e l Morria Millieent ' Unknown Pections 2 and Mar. 20, 1884 970 Enterinjqintoan agreement

1	5, hundred of	w ~ t h J. Fry to permit
Hlanche	William Jones to acquire part of the selection

Peter Penn . .. / ~ n k n o u n Laborer Sei%nn4, hunrlwd Jan. 28, 1885 2C00 Holding more than the

of Homburg,tbnd and lnaxi~uum srea ot land

sections 5 and Oct. 18, 1877 Not under agreement

1 1 G, hundred of numbered

Playford

Ralph Koe ...... Hun. of Not dated 2RG5 Failing to reside on the

Booleroo of Booleroo srlection for nine months in every year after the first >ear.

[l.'or ?totice oj'i~~tendedforfeitzlre of selectors' leases, scrub leases, and grccz i~~y and

culttv~tion bases alter form a.ccording1y.l

SCHEDULE

49" & 50' VICTORIAZ, No. 393.

--

The Crown Lands Consolidation A c t. 1 8 8 6, -U- - - -

SCHEDULE M.

dection 102. Notice of Revocation and Resumption.

T o each of the several ~electors, scrub lessees, and grazing and cultivation lessees

whose names and addresses are set forth in the schedule hereto:

Take notice that the agreements and leases, mentioned in the schedule hereto, were

on the day of 18, duly and

lawfully revokcd by me, and the lands therein mentioned resumed, pursuant to the powers vested in me by '-The Crawn Lands Con~olidation Act, 1886," and of all other powers me thereunto enabling.

Dated this day ofv 18 .

Commissioner of Crown Lands.

- . --W - -

l	l	l	I
l

Name of Selector or Description of Date of Agreement Number of Agree-

Addrew OcoPUon.

Lessee. Land. or Le~se. ment or Lease.

l

1 -	-	--+
I	l

SCHEDULE N.

8ection 137. A Return of all Sheep and Oattie which, on the first day of 18 ,

were tracellzny over /he Crow?& Lands i?zcludecl in teaaes rlr'os.

,

l

;V unrber of

Name of

From whence

trsrellinK	Uestinlztion
(if known).

\'awe crf Uwner

Sheep and

in

,

Cattle

(if know'1).

Chat ge

,

(if known.)

1 trawlling.

_ - _ _ _ C. _ _ _ - - - - - ---v-

1

Sheep .................. !

_- p--

Cattle .................

-P-- . .-p- .

, in the Province of South Australia, the

1, 9 of

lessee [or overseer, or manager for A. B., the lessee, as the case may be] of the Crown lands included in Leases No., do hereby certify and declare that, to the best of

my knowledge and belief, the a b o ~ e is a true and correct return in all particulars of

the total number of sheep and cattle, not being my property [ i f retzwn nude by owr- seer, say not being the property of the said l. which, on the first day of liEED%i;tOX 18 , were actually upon, tra~elling

over, or depasturitlg on the lands comprised in suoh lease; and [g so] I further

declare that the landx comprised in the leascs above referred to are contiguous.

Signed t h i ~ day of 1 8 , b y me,

A. B.

Witness-

SCHEDULE 0.

Beotion 148. Form of Return unclecr. Mineral Lease.

To the Commissioner of Crown Lands.

Sir-I, , of , being the lessee (or the person

having the management) of those portions of the Crown lands comprised in mineral lease (or leases) numbered (it .*o respectively), do hereby certify

that f. is the true and correct amount of (or that there has been no)

realised profit from the said lands for the six months ending ,l8 .

Dated the day of , 18 .

Witness-

-

Adelaide: Bp authoritv, E. SPILLER, Government Printer. North-terrace.