The Ostrich Farming Act 1882 (SA)

ANNO QUADRAGESIMO QUINTO ET QUADRAGESIMO

SEXTO

No. 274.

An Act to encourage Ostrich Farming

[Assented to, Xovem her 17th) 1882.1

HEREAS it is desirable to ellcourage ostrich farming-Be Preamble.

W it thcrcforc Enacted by the Governor of the Province of South Australia, with thc advicc and consent of the Legislative

Council and House of Assembly of the said province, in this present

Parliament assembled, as follows:

1, This Act may be cited for all purposes as '' The Ostrich short title.

Farming Act, 1882."

2 74

2, The Governor may demise any portion of Crown lands of the Governor may d c m i ~

province within hundreds for the purpose of ostrich farming. Innds.

3, Any person ciesirous of obtaining a lease under this Act shall, Mode of application

by himself, or his agent thereunto duly authorised, make an appli- for lease.

cation, in writing, to the Commissioner of Crown lJands ancl Immi-

oration (hereinafter designated " the Commissioner ") for the land

In respect of which he is desirous of obtaining a lease. Every such	h
application shall be in such form, and for blocks of such shape, as may be directed by any regulation to be made under the authority of this Act, and shall be accompanied by a payment of Two Shillings and Sixpence for every acre of land included in such application.

4, Every lease under this Act shall be for the period of twenty- Temandconditione of lease.

one years, computed from the date of application, and shall contain covenants by the lessee that he will not use the demiseil land for

any

4s0 & 46' VICTORIJE, No. 274.

The Ostlich Farming Act.-1882.

any other purpose whatever; that he will pay all rates, taxes, assess- ments, and other impositions made, declared, assessed, or imposed upon

the said dernised premises, or any part thereof; that he will keep

in good condition and repair all erections and improvements which may, during the currency of the leasc, be erected or made upon the said demised land; that he will within two years commence, and during the remainder of the term carry on, the industry for which such land is demised, to the satisfaction of the Commissioner; that he will, at the end of three years fiom the commencement of his lease, and during the succeeding seven years of the said term, have and keep upon the said demised premises at least eight ostriches for every one thousand acres so leased; that he will, from the end of the tenth year, have and keep upon the said demised land twenty ostriches for every one thousand acrcs so leased; and will, at the end of the fourteenth year, and during the remainder of his said term, have and keep at least fifty ostriches for every one thousand acres so leased upon the said demised premises; and shall contain a power fur the Commissioner, and every person by him authorised, at all times to enter upon the demised premiscs to view the state and condition thereof, and of the industry fbr which such land is demised; and shall contain such other covenants by the lessee, and be upon such other terms and conditions consis- tent with this Act, as the Governor may see fit to impose: Pro- vided that the lessee shall annually furnish to the Commissioner of Crown Lands a return showing the number of ostriches on the land,

and their ages. Such return shall be laid before Parliament.

Right of pmchase.	5. Every such lease shall also contain a right by the lessee (subject to his performance of the covenants contained in such lease) to purchase the freehold of the land thereby dcmised at the price of One Pound per acre at the expiration of the termina- tion of such lease, and shall also contain cz proviso for forfeiture upon breach of m y covenant therein contained to be performed by
the lessee.
Lands may be

granted. 6. Every lessee, having complied with the terms and conditions

contained in his lease, shall, upon giving three months' previous written notice to the Coxxmissioner of his intention to exercise the right of purchase, and upon payment of the sum of One Pound per acre (of which the sum of Two Shillings and Sixpence per acre paid on application shall be considered part), be entitled to, and the Governcir is hereby authorised to issue, at the expiration of the term of such lease, a grant of the fee simple of the land comprised in

such lease.

NO lease to be for

more than five	7, No person shall hold, either in his own name or in the name of any other person for or on his behalf, or be capable to have any interest whatever in, more than five thousand acres of land leased pursuant to this Act; and if any person shall so hold or have any interest in any such land in excess of the quantity hereby limited, all leases of land so held by him or on his behalf, or in
thousand acres,

which

45' & 460 VICTORIW, NO. 274.

The Ostrich Farmirq Act.-1882. -.. p

which he has any interest, shall be forfeited. The blocks to be leased under this Act shall be distant not less than five miles from each other.

8. No further leasc shall be granted after one hundred thousand Not more than ono hundred thousand

acres have been dernised under the provisions of this Act: Provided ,,,,	to bo leuFcd.
that, in the computation of such one hundred thousand acres, there shall not be included any lands comprised in any lease which shall become forfeited, or the right to purchase which shall not be exercised.
No person whose lease has been forfeited shall he afterwards allowed to hold any land under the provisions of this Act.

9. All moneys paid upon any application for a lease which shall Application and ~mprovements

afterwards become forfeited shall be forfeited, and the lands corn- may be fodeited.

prised in any such leasc shall revert to the Crown, and may thercfore

be dealt with as Crown Isnds in the same manner as if they had

never bcen demised.

missioner that he has reared on his said dernised land, or placed to grant. 10. The lessee under this Act who shall first satisfy the Corn- First lessee entitled

thcreon until the same are onc ycar old, two hundred and fifty ostriches, and has otherwise complied with thc conditions of this Act, shall be discharged from any f~uther payment in respect of the said land, and shall be forthwith entitled to a grant of the fee simple thereof.

11. The Governor shall have power from time to time to make Regulations.

regulations for the carrying out of the objects, purposes, and pro- visions of this Act, and such regulations, when published in the

Government Gazette, shall have the forcc of law; d 1 such regula-

tions shall be laid before Parliament within fourteen days after the

publication thereof, if the Parliament be then sitting, and if the	Parliament is not then sitting, within fourteen days after its next
sitting for the dispatch of business.

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

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

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By authority: E. SPILLER, Government Printer, North-terrace, Adelaide,