The Educational Lands Act 1881 (SA)

ANNO QUADRAGESIMO QUARTO ET QUADRAGESIMO

QUINTO

No. 217.

An Act to consolidate and amend the Laws relating to

the Dedication and Leasing of Lands granted

for Educational Purposes.

[Assented to, Nouem6er r8tk, 1881.1

HEREAS it is desirable to consolidate and amend the laws Preamble.

'W relating to the dedication and leasing of lands granted for	educational purposes-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 provi~lce, in
this present Parliament assembled, as follows:

1, Section 25 of The Education Act, 1875," ' T h e Education hpeal.

A-2 17

Act Amendment Act, 1877," and sections 7 and 8 of " The Edu- cation Amendment Act, 1878," are hereby repealed, but such repeal shall not affect the validity of any reservation, dedication, or grant, or of any lease or licence, or of any contract, covenant, act, deed, matter, or thing, made, done, granted, or entered into under the enactrnents hereby repealed, or any of them, or of any rights or liabilitics existing or arising out of anything heretofore lawfully done under the said enactments, or any of them.

2, Section 24 of " The Education Act, 1875," shall be read and C o e i o n e r b be read in lieu of Coun-

construed as if the word Commissioner " were inserted in the ~3 in ~ a ~ act, ~ t i ~ ~

third and seventh lines thereof, in lieu of the word Council." 1876.

3, The Commissioner of Crown Lands and Immigration for the Commiasionsr of

time being of the province and his successors shall be a body politic c ommiasioner of, and Crown Lands to be

and corporate, under the name or title of " The Commissioner of hmecontn~ over

Educational sdu~ti01zfd lands,

440 & 45" VICTORIW, No. 217. -

."..

" The Educationarl Lands Act.-1881.

Educational Lande," and shall and may, by that name or title, sue and be sued, plead and be impleaded, in all Courts and before all Justices, and shall have perpetual succession and a common seal.

h d a heretofore

granted for endow- 4, Notwithstanding anything contained in section 1 of The

ment of education to	Education Act Amendment Act, 1878," all lands heretofore
veat in Commissioner.	granted by way of endowment for education, under the au!liority of section 24 of 'I The Education Act, 18'75," shall, immediatcly upon the passing of this Act, become, and shall thereafter remain, vested in the Commissioner of Educational Lands (hereinafter called the Commissioner"), subject, nevertheless, to all leases, licences, contracts, and agreements heretofore lawfully granted
or entered into in respect of such lands.

aovernor grant 5, 'The Governor may reserve, dedicate, and grant to the Minister

lands for achool aites. Controlling Education any waste lands of the Crown as sites for

school buildings, and may also, with the consent in writing of any person holding any of the waste lands of the Crown under agreement or lease under any law for the time being in force respecting the sale upon credit or the leasing of such lands, grant to the said Minister, as a site for school buildings, any land included in any such agreement or lease; and after such grant the agrecmcnt or leasc in which such land was so included shall be read and construed as if such land had been expressly excepted out of the land described in such agreement or lease.

Commissionermayde- 6, The Commissioner may from time to time demise and let any

mise lands and rant of the lands now or hereafter vested in him as such Commissioner as

li~y!nces to seam 1 for

md remove mined* aforesaid, and may grant licences to any persons to search for and remove minerals and metals from any lands so vested in him as aforesaid, and may charge and recover such fces or other payments and impose such terms and conditions in respect of such licences as may be charged, recovered, and imposed under the laws from time

to time in force respecting licences to search for and remove minerals

and metals from Crown lands; and all leases of lands so vested in	him as aforesaid, (except leases granted for mining purposes), shall	be construed as if there were inserted therein an exception of minerals
and metals and a power to grant licences to search for and remove the same in the same manner in all respects as is provided with respect to Crown lands and waste lands under the provisions of
The Crown Lands Consolidation Act," and of an Act, No 26, of 1870-71, intituled " An Act to amend the Laws relating to Gold Mining, and for other purposes," and the Regulations made under the said Acts, or either of them, or as near thereto as the circum- stances of the case will permit,

-t~beoaeredat	7, The right to a. lease of land under this Act for other than mineral purposes shall be offered for sale by public auction, at such upset price per acre per annum, anci upon such terms with respect to the payment for any improverrients on such land as the Com- missioner shall in each case direct; and the person to whom such
auction.

lease

44' & 45" VICTORIW, No. 217. --

The Educational Lands Act.-l 881.,

lease shall be granted shall be the person who at such auction shall offer the highest sum above the upset price for the annual rent of the lands intended to be comprised in such lease. Notice of the time and place at which such auction will bc held, and of what lands are to be offered thereat, the amount (if any) to be paid for improvements on such lands, and the purposes for which such lands are to be let, shall be given by advertisement in the Government

Gaxette published not Zcss tham one nor more than threc calendar

months before the day of holding such auction; but the Commis- sioner may at ally time postpone or adjourn any such advertised sale.

8. Every lease under this Act shall be for such term not exceed- Term and conditioaa

ing twenty-one years in possession as the Commissioner may deter- of lease.

.

mine, and shall be granted for the purposes stated in the notice of sale, and shall contain covermlts by the lessee to pay the rent thereby reserved half-ycarly in advance; to destroy Bathurst bur and all other noxious weeds, and also to destroy all animals required to be destroyed by law; to pay all rzttes and taxes levied, imposed, or assessed'upon the land demised, or upon the landlord or tenant in respect thereof; to repair and kccp in repair all build- ings, erections, and fences built, erected, or being upon the said land during the tcrm of the lease, and the same so repaired and kept in repair to yield and deliver up at the end or other sooner determination of the lease, and not to assign, sublet, or part with the possession of all or any part of the demised premises without the previous consent in writing of the Commissioner; and shall also contain a proviso for forfeiture on breach or non-observance of any of the covenants therein contained, and such other covenants, terms, and conditions as the Governor may think advisable; and the Governor is hcreby empowered from time to time to provide, by regulations to be published in the Government Gaxette, what other covenants, terms, and conditions shall be inserted in leases to be thereafter granted undcr the provisions of this Act.

9. Tn every case where the whole or any part of the rent of any Pemlties for non-

land heretofore lcased under 'The Education Act, 1875," or any p:ygt::!t

Act incorporated therewith, or hereafter leased under this Act, shall not have been paid or shall not be paid on the day when such rent became or shall become payable, the lessee or person liable for the payment of such rent shall, in addition to the amount of the rent in arrear, pay into the Treasury a penalty, if such rent shall be paid within one month after the day on which the same became due, of Five Pounds per centum; or, if such rent shall not be paid within one month from the day on which the same became due, of Ten Pounds per centum upon the amount of such rent: And the Commissioner is hereby authorised to recover the amount of rent in arrear, together with the penalty hereinbefore imposed fbr the non-payment there~f, by action in any Court of competent jurisdic- tion, or by distress upon the goods and chattels of the lessee or person liable for the payment of such rent and penalty, wheresoever such goods and chattels may be found. 10. In

44" & 4 5 O VICTORIE, No. 217'

The Educatiod Lands Ac t .1881,

1~brle,iture of leases 10.

In every case where the whole or any part of the rent of any such l e d land shall have been or shall be in arrear and unpaid for three months after the day on which the same became or shall become payable, it shall be lawful for the Commissioner to cancel the lease of such land by inserting a notice in the Government Gazette declaring such lease to be forfeited; and every such notice s h d be taken to be conclusive evidence that the lease therein mentioned was legally cancelled and forfeited: Provided that the Commissioner may in any case waive the forfeiture of any lease upon such terms and con- ditions as he may deem advisable: And provided also that notwith-

"nononpayment rent. O'

standing any such forfeiture as aforesaid the Commissioner may recover

the amount of rent in arrear (calculated up to the time of such for- feiture as accruing due day by day) by action in any Court of com- petent jurisdiction, or by distress upon the goods and chattels of the lessee in arrear, wheresoever such goods and chattels may be found, and may also proceed for recovery of damages for breach of any mvmmt or agreement contained in such lease.

Powertoacceptm- 11, The Governor may at any time accept the surrender of

mb.	my lease upon such terms and conditions as he may think fit.
Holder of forfeited

ox summdered lease 12, No person who shall have held a lease forfeited or sur-

aiaqualifidtmmagain	rendered under the provisions of this Act shall again become
holding same land.	the letwe, or become the under-lessee or assignee, of the land or
any part of the land included in such forfeited or surrendered lease; and if any person shall hold any land contrary to this provision, the lease of the land so held by him shall become at once absolutely forfeited and void, except in so far as may be necessary to support any action against him for the breach previous to such forfeiture of
any covenant or agreement contained h such lease.

Commissioner may 18, The Commissioner may contract or covenant respectively with

contract with leeeeee the lessee under any existing lease, or with the lessee of any lease to

future under leases or Or the

payment for impnwe-

be hereafter made under the authority of this Act, for the payment by

menta.

the said Commissoner, on the expiration of any such lease, for any

permanent and substantial improvements made by any such lessee cm the demised lands; and all moneys so contracted or covenanted

to be paid shall be paid by the Treasurer out of the moneys paid

into the Treasury, under the authority of this Act.

Applicationof income. 14. All rents, royalties, fees, penalties, and annual or other

payments received in respect of any lease or licence heretofore granted under the authority of The Education Act, 1875," or of any of the Acts incorporated therewith or hereafter to be granted under the authority of this Act, shall be paid into the Treaaury, and shall be applied by the Treasurer towards the erection of schoolhouses, payment of salaries, and other expenditure in carrying out the pro- Vi~ions Of L1 The Education Act, 1875," and of this Act, but so that no such moneys, other than payments for improvements herein-

before mentioned, shall be expended without the sanction of Parlia-

ment.

h lb. Notwithstanding

44" & 4 5 O VICTORIW, No. 217.

The Educational Lands Act.-1813 1.

15. Notwithstanding anything hereinbefore contained, the lessees Lessees enumerated in Schedule may have

whose names, the dates of whose leases, the extent of land held by two yd rentrs

whose improvements on such lands, and the arrears of rent due by of leases.

whom are set forth in the Schedule hereto, may (subject to the pro-

visions hereinafter contained), within three months from the passing

of this Act, surrender their respective leases mentioned in the said

whom, the hundreds in which such lands are situate, the value of mitkdon surrender from the payment of two years' rent due by them respectively under such leases: Provided always that no such lessee shall become entitled to avail himself of such right to surrender his lease until he shall have paid into the Treasury such eum in respect of the rent due beyond the two years' rent to be remitted under this section as the Commissioner shall in each case deem to be fair and equitable.

16. Except in so far as the same are inconsistent herewith, Incorpomtion.

The Education Act, 1 87 5," and all Acts incorporated therewith,

shall be read and incorporated herewith as fuming one Act.

17, This Act may be cited for all purposes as The Educational short Title.

Lands Act, 1881."

I n the name and on behalf of Her Majesty, I hereby assent to

this Bill.

W. F. DRUMMOND JERVOIS, Governor.

THE

6 44" & 4 5 O VICTORIW, No. 217.

The Educational Aands Act.-1881.

THE SCHEDULE REFERRED TO.

Value of Number

£h&ed. Improvements. Arrears. of

Sections.

--

I	*
2 s, d.

James Howe . . . , .. March 1,1877 Pirie 245 9 0

L& 66

.. . a. . Wandearah 216 0 0

66

E. J. Hector ... . . . Pirie 85 15 3

6 4 46 84 13 1

*.... 1 May 1,1877 & L

Edward Sinclair. . .. March 1, 1877 393 13 9

6 L 46 338 7 6

J. G. Magarey . . ..

6 L L6

R. & C. Butler . .. . 155 18 9

U L L 161 8 9

.... May 1,1877

66 Pirie and ) 186 16

.... March 1,1877 Wandearah

6 6 Wandearah 217 0 3

r 6 C L 294 17 6

Seth Ferry.. .. .. . .

L6 L L

307 3 9

James Lewis .. . . .,

O L 6 692 5 0

William Thomson , ,

66

H. &range ..	.	.	.. ..	"	215 6 6
L L	189 7 6

H. D. Cowled . .. i May 1,1877

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Adelede : By authority, E. SPILLER, Goverament Printer, North-tmace.