Waste Lands Act 1842 (SA)
No. S.
Chief of her A q e s t y ' s P~ovince of South Anstrdiu and its Bepen- dincim and Yicc-Admiral of the same by and with ths advice and
consent of the Legislat iv~ Couttcik.
An ACT fur protecri~tg i he waste lands o j the Crown in Soutla Australia from .
encroachtncnl intrusion and trespass. and
necessary to protect the mate lands of the
Leillg | |
.. |
'nd |
i)rpcnde;~cies | |
h |
ilc::surc |
0 any | |
it; | |
G o w m r | ||
CO 4 | missioner from time to time by notice | ||
e and iseue such regulations as | necessary for the guidilnce of the raid |
Comm ioners in their office and for effectually carrying the purposes of
this Act into exec tion and the same from timeto tims to revoke and alter: auchregulation4
not | being k | nt~nry | to |
be constantly | |||
|
the performance of his
duty underthir A 3 Court and
he shall keep the peacein therein in their persons and properties
and d adjust all differences between individuall
respecting tha occupati | their respective stations and for these nce or |
una
as occasion may ;equire and ofien
afion
and epquire into the matter of tiro
e the matter of complaint and ahallwake
meet andshall enforce rty or ofhis overseer
or runof anysuck
o enquire onthe spot
nce on oath touchingox by
such evidence .,
Cown~issioner | and prevent |
Ire removed such cattle or
sheep ao foundto be propertyof thesaid or any other unlicensed forfeit andpay forcvery such offencea sum not C
tllalr one hundred pounds,.
('ammiaaionera |
erect Land marks
4 % '
rvek
. | , |
manner as |
waste Lands or the bounzaries thereofas they sI1al1deed
tlle | .. a |
up and maintain or cause to be kept up and maintained whosoever sliall |
so placed or erected as aforesaid
shall forfeitand penalty of fifty pounds.
constable shall |
omrniqsioner of Crown P e w
h-c to W*
f his |
commenced against any Juetice of the |
for any | done by them or any of them upon the isGoncr duriug | |
]ling so done by | ||
d and service of process in any such suit |
o being preseut as aforesaid
when thermed
shall in all cases
be it enacted that | the first day of January |
to depasture stock on |
ruch waste land or to occupy the | or erecting any Slut or |
building thereon | or |
without having first' | |
obtained from the | or such proper officer |
for mch purposes | |
,pcctively as | |
h a t unlcss public notice be given by the Governor |
ur proper ofHcer aforesaid that tllc tin~ber |
prtion of such
wasts landsshall be reservedfo
i~incd | s l d i La | construed to |
occupier of | * | |
:wed | ,. |
E |
First |
license in formor to the effect of Schedule B hereto annexed
g and residing on such wasle lands for the purpose of de-
in Provided alvnya that the commissioner m y from time to
ions here ofand any regulations made in pursunnce or execu. fine certain limits and buundncies w~thin which alone any
all
first nppljcn
Cro+,\n |
A B and C hcrcto annc
, |
. | . |
. | . |
additional f'cc: Providedalso. that during any
o issue Liceuses to ho
day |
demeanor and bcing convicted thereof shall be liable to be transported for | * ,. |
the | L | iscretion of the Court. |
f
that if |
contravene |
Comrnissio~~er | made under the authority or, in pursuance |
shall be lawful for any Commissioner
ow' proof of thelicenses may k to declare subject to the approval 04-his Excellency
crnceUed. of any such person so offending to ,be cancelled and
become null and void and |
against the provisions of this Act,
a any such
persod aner being servedwith c,mmiuiollen t. shall refusepr neglect to deliverup anddisporsemr~~eh ail*
or exerciqp of any right thereon for the |
notice upon | him or his |
s l d l and | be lawful f | omrninai&er | to enter |
and to take possession of t.he | |
proper department of the Gove | of this Province together with any Hourres |
or other improvements that may | been made thereon and |
with as he br they shall deem | the purpose of expelling such |
person therefrom and also to drive | any Cattle or live Stock that |
may be found thereon. |
be it enacted | that if a n y bqerintendent Overseer Manager or Pena'tie8fcr |
Servant resident and employed on any estadIigIunent s l d l be convicted on the | ces by |
oath of one credible witness | overseer Manager or Servant shall be liable to fo |
than five pounds nor more than thirty pounds over | above any penalties to |
which such offender |
XIIL-And | be it. emS$& | that the holder | or depasture Licensed person8 |
on | or caus | made to the |
Commissioner of | district w11erei11 | the lands so occupied o | ed on by |
shall | according to |
the Schedule liercunto annexed marked |
by him or in his p h s m i o n on the
1 s t d ~ y of September in ea nut1 descriptionsp;rdpalliculnr brands of tire respective prop the Commissiper a return of all stray cattle in hissuch licensed person shall fail or neglect to make or cause to
at the time so ?pointed for each. and every year or
shall knowinglymake any
therein or shall ornit to deposit the same | , |
manne~ahereby | required or shall refuqe | to answer or | t |
any eest ion relative thereto he shall on conviction of
such offence forfeitand pay for ivery such offence as u m not lessthan forty shillings nor exceeding onehundred with tile congent in writing of the said Commis*iowr
fidi hadand
. | . |
contained shall be deemed to aut'aorise any licenpd person to unlicensed person upon pain of Forfeiture upon, conviction of
offences of a penalty of
not less than, one pound nor
i \
whe |
T |
objects aforesaid into
dbh execution it is expedient that an assessmentshould be raised and levied upon and of the sheep cattle and horsy in the possession of the persons SO licensed as aforesaid to occupy or depmthre on such waste lands33e it therefore enacted that there shall be pad and levied in each and every yearupon for and of the sheep ttle and horses of every +person depnsturing
or
keeping the same upon any k |
that is to | h, |
, | penny for every bull ox cow steer | age of sir, |
the | I | foal above the age |
of six months the sum of | ch yearly assessment |
shall be paid to the Colonial | colony at his ofice at |
'Adelaide (or to such other person or at | as |
the Governor) on or before the firstcd | in each and every year |
Provided that for and in respect of the | ment from the said first |
One Thousand Eight |
above mentioned rate |
assessment shall be payable and that | |
before the first day of Janhary nex | |
Thousand Eight Hundred and Forty-four | ear every occupier of |
land shall be allowed a deduction from the am |
the stock depstured by him at and after the rate of | for every eifihty |
acres of purchased land bccupied by him and not in |
. | deduction shall |
assessrjoent herein befo,re mentioned shall | ||
said Colonial Treaeurer or to | ||
Governor to receive the | ||
|
tliai 1 he said Comlnissionera in their respe&i4ve
Commistinacro tn
1 not |
times hereinbefore |
iting in the form contained in the Schedule hereunto | .. |
e served upon the residence of such persona (if within the district) or t or persons having the charge of the said sheep cattle thereof shall not reside within the said district requiring be therein stated to pay the amount of the said notice mentioned to the said Colonial Treasurer or other |
SVII.
-And be i t enacted that in case the sum mentiooed in tlicsaid
Persons dirsatisfi*d
notice so served on a y person required to pny the same sllall appear to auch | 1 |
person an, over-charge Q | more than he is legally, bound to pay such person |
I | ssessment to the next Court of general Sessiona |
of | - | , |
sioricr a notice | . | |
of the said nolice end | ||
cnter into a recognizance in | amount of such Assessment before | |
ear at the said Sessions on such |
to try such appeal and to abide |
j u d p e n t of | Sessiclns an | such costs and expensee as shall be. |
by tlie said Court award Court sllall hear and de!ermjse the matter of the appeal and shall | . | , |
meet
and in Ease of the dismissal of th4appeal orthe sffirmmce of thesaid Assessment shnll order and adjudgethe perso? so appediug to paythe amountof 6 ~ ~ h Assessment to the Colonial ~reasure:+or such otber person asmay be
appointed as aforesaid and also swh costs an | as |
to the said Commissioner by the said Court | |
and expenses be not paid withio such tim |
isne a warrant of distress to levy the amount o | costs and | . |
distress and sale of a sufficient | horses of the |
/
SVlI1.-Bud | be it enacted tbat in |
1
uid Asresa~nent and upon whom or upon wliose supei Qo district such notice shall
llave been so served
I |
$. adjudged to be liable in payment of the said Asse ilorcsaid shall refuse or neglect to
1 | 4 | w h notice or within the time appointed in such appeals as |
f | rt | |
: | It | |
ay as aforesaid tognkther
with an additionalw m equal to owfor which he is so liable by way of penalty. for such refusd
ct and if any such person
shall fail so todo within one calepdardate or service of such renewed notice it shall be lawful for
I Treasurer or other person appointed as aforesaid
to' directssioner to issue a warrant undar his hand and seal directed
to levy the amount of the Assessment atid penalty goresaid
80
n suificient part of the sheep cattle or horsesof the defaulteris hereby authorised to distrain take and drive to the
euch district such and so
many of the eheep cattle orthe
said warrant mentioned as shall be sufiicient (when nt of such Assessment and penalty and the costsand uch distress and the payment of the maintenance ofrses till sold and that within twenty dais after such
sheep cattle or horse8 shall have been so distraiwd and lodged h pound
as aforesaid the same (or a ayfficient part thereof) shall be sold and disposed of %
by pnblic a'uction notice of | period posted on thc |
such purpose appoint | (un | reto the mid ~sse'ssment penalty |
costs and expenses shall be | roceeds thereof shall be applied |
to the payment of the | S and expenses aforesaid and the |
surplus (if any) shall be | to the owner 'or superintendent |
of the said sheep cattle or horses | t when such wairant |
owner or superintendent of the | |
sheep cattle or horses 80 directid to | thereby distrained shall pay or |
tender to the Constable a | the |
said Assessment and pen | and in such case the |
said Constable shall and | cept and receive the |
same and give a recei | so received and to |
refrdn from making and |
X1X.-And | be it enactedthat i t shall and may |
Commissiuner :E5 Commissioner to charge and receive for and upon theon disputed ques- tions of trespaas to question respecting .tresspass or encroachment upon a
be accounted for person licensed a8 aforesaid a fee offive pounds to be
money so chargeable and received by him and all penaltiea | |
| |
annexed mark& H to the Colonial Treasurer or other person arpointe at least quarterly in each year and shall at the same time pay | |
Act verified by hts nolemn declaration in the form oon:aine by him, |
X$.--And. | be it enacted that it | ||
at the |
drive away such cattle and any person
who shall diivea. v y any cattle other thanhis
ow or his master's or employer's from any land occupiedby ally personuuder the
'ons of this Act or who shall fail to give |
on con 'ction for every such
offence forfeit andpay the sum of five pounds.
l i
be it enacted that |
or by virtue of any license |
title | whateverr |
and successors in respect to
any such land. enacted that ail penalties fines
and forfeitnres incurredOF Recoorty of Pe~al-. t not otherwise specially befare provided for shall
and ticsjlefore Jastiecr
or such |
other officer as | in that | behalf | appoint |
'I
ill a summaryway befo* any two or more Justices of thePeace otberthan: '
my such CommissionerunAy and according to the laws in forcewithin the province farthe time bewg for regulating eummaty proceedings before Justicesof the Peace Provide& alwaysthat any such penalty fineor forfeit iture exceeding the sum of shall only be recovered byaction,
of debt at the suit of Her | |
of this Province, |
XXIII.--And | be it enacted | under |
and by virtue of this Act shall be | and applied |
and appropriated as follows | for Liasnars relating |
of the Emigration |
Fund and all other | her heirs and |
tuccaaorr for :he public ~ e s o f | t b | the |
l | thereof. |
\
for |
i
i Act Be it enacted that all actions for &nytIliag done. under | ? |
\
not otherwise and notice in writing of euch action an thecause thereo
: h11 be given to the defendant one calendar month 'j | t least before |
j fommeneement of the action snd in every such iwtion |
; t~idcncc at any trial to be had thereupon | plaintiff, |
my such action if tender of sufficient amends shall have been | de before |
: | brought or if ' |
%
i | into Court, after sucli 'action1 brought by or on | |
| ||
|
.
&r issue joined or if upon demurrer or 'otherwisejudgment shallbe given g LEsin~ the plaintifft4e defendantshall recoverhie- full abuts -as between
ttorney and client aud h:\ve
in other | for the |
such action
such plaintiffshall not have costa against the defendant'Judge before whom the trial shall be shall certify his rpprobatiaeand of tho vcrdict obtained thereupon.
that it | |
to | or | to be | ||
of |
brought as | or other peraoll noting under the authority and in |
XXVI.-And | where | an Act of the Governor | ||
year of her present Majesty's reign "to
amend and ertend the | Act for the prevention of the Scab in |
it is enacted | ay be levied in manner therein provided |
of ten pence for eve | 'owned or posseased in the Province be |
i t therefore enacted that the d enactment and every clause and provision of the said recited Act relatin, thereto shall be and the | X X VI1.-And | for more effectually | into execulion the several |
Powers of Commis-
"" | rs appointed wider thir |
rights power and authority |
protections and privileges of the Insp | officers appointed under | |
' the said several Acts and | control over all audr |
. | . | Inspectors and other oficers subjec | of the |
XXV1II.-And | that this Act shall |
her RIajesty's Royal will and pleasure,Lands of
the Crown in South Aqstralia shall be known.
XXIX.-3nd' | be it enacted that the term " |
Constrwtio~.
I
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.
L / '
, | ~ k s e d | . | a |
. | . | . | .. | .. | a |
, |
SCHEDULFS REFERRED TO, .
FOR | LICENSES, |
II_
Form of Application, the Governor, and Resident Commiasionar of Public a, A.
B. residing at (specify the place,aad addition)humbly ursuance of
the Act of CouncilV1 VictoriaNo. 8. for se
to authorise himto Depastuw stock on thewaste to be in force within such limits
as may beorrsigaed indeclares that he has complied with the
, Provisiom of theere is no cause for with-holding the said Licenee.
(Signed) | A. b. |
1 FOBM OF LICENSE.
'4 | --, |
in | Council |
a [Depasturing License to Depasture Stock on the Waste' Lands
uf the Crown] and it appears by thy report of tbe Commissionerof Crown Land8 that there is no cause for with- hlding such License. Now therefortt his Excellency the ~ov&mor and Resident Commissioner afore- 7
mid dot11 hereby grant to the eaid A.BA [a Depasturinq License authorising him to depasture stock] on snoh waste Lands, to be in force withinsuch limita
P may at any time beof law, for the term of
and no longer, subject always to the
By his
.
- |
For Occupation Licentes, -
fke dime forms exaeptaa tothe words within bracketafor
the following-
.IAn OccupationLicense authorisinghim to buildand reiide
depasturing stock on the Waste Lands |
a8 proprietor of an7 particular oectionuof laad otate them.)
C.
bar |
\ - |
Nnmber and :desctip
tion of any sectionr
I' |
r |
L |
po*" p" | 3 |
Rc:;oafid 5.1 Act.
13 /&b Q *
SCHEDULB
Name of holden, SCHEDULE
District of
No.
Commissioner of
Crown Land'sOffice,
amount a i th | samesaed for the year from Pirrt Jannary to |
ty-fifqt December,
'l8 , under the provisions of theAct of the Governoran4 ~ o u n c j of South Australia,V1 Victoria, No 8, on the undermentionedstotk depastu d by you on Crown
La& in this District, is as follows,viz-:-
£. | 8. |
\ | qrses. | .. | . | . | . | at 2s. |
.
Hekd of Cattle includingCalvea
at |
Sheep, 'ncluding Weaned Lamba at | 'f | Id. per |
---
t
- - |
which said | pence, |
Office in Adelaide, (or
tu case
may be) withinone ery of this notice either to yourdf
".
y just cause for appealing
againat serve thatsuch appealmust bete of the delivery of this notice,
together with
your recognizance inute the said appeal. As
witness my hand, at | oatt |
eight huitdred and |
\ | Commissioner of |
D e c l a r e s that he
b r v e d the above notice onthe
above named | , by delivering |
leaving the | his usual place of residen |
, | one thousand eight bun |
L
-- |
No. | District of | \ |
Commissioner of Crown
day of |
thousand eight hundred and | ' | and servud upon you by |
(or to | your superintendant or servant |
(or ehewhere as the case may be) on the | day of the said |
one thousand eight hundred
and
8 m with which you were assessed for theyear fromEirst of Januag to
fin! *"
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