Waste Lands Act 1867 (SA)

No. 21.

An Act to a m e d the Laws 9-elatiry to the Leasing, .fbr pastoral pur-

poses, c$' certni?~ Waste Lands qf the Crown in the Prouime of

8016th Australia, and for	other purposes.
[Assented to, 19th December, 1867.1

HEREAS it is expedient to amend thc laws relating to the Prca.vble.

W leasing, for pastoral purposes, of certain waste lands of the

Crown in the Province of South Australia, and it is dso expedient to authorize the Governor to remit to certain of the pastoral lessees of the Crown the payrnerlt of certain rent as hereinrtfter nientioned-

Be it therefore Enacted, by the Governor-in-Chief of the Province of South Australia, with the advice and conscnt of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

!a2

1. This Act may be cited for all purposes as The Waste Lands shod titla.

Amendment Act, 1867."

2. In the construction of this Act, unless inconsistent with the ~ons~ruotiOll,

context or subject matter, the following words shall have the meaning

hereby assigned to them respectively, that is to say-

Lessee" shall mean as well lessee as the assignee or personal representative 01 such lessee., *P+oG3t,/z.-pg?Y , , . & Q C - - , S - 3

a Sheep " shall mean and include rams, wethers, and ewes, and

lambs over six months old.

L4Cattle" shall mean and include all horses, mares, geldings, bulls,

bullocks, and cows, and also all calves and foals over six months old. 3. Such

31" VICTORIB, No. 21,

The Waste Lands Amefidment Act.-1 867.

Certain pastoral

lessees map surrender 3. Such of the lessees for pastoral purposes, or persons having

present and obtain preferential claims under the Waste Lands Regulations to leases of

new leases by bins any portion of the waste lands of	the Crown ihr pastoral purposes,
uotice.

included in the Districts A, R, or C, which districts are severally

&i7,3z1 J" described in the First Schedule hereto, as may be desirous of wailing

S-- themselves of the benefit of this Act, may do so by giving notice in

b86cl -P writing to the Commissioner of Crown Lands and Immigration, to surrender thcir present leases or rights of renewal or claims to leases, and to obtain new lcases, which notice, if by a lessee, may be in the form or to the effect following, that is to say- within two calendar months from the passing hereof, of their desire

dvo l.7

To the Commissioner of Crown Lands and Immigration.

Sir-I [name at full Zertgth], of [glace of abode and description],

being the lessee of that portion of the waste lands of the Crown included in lease [or leases] numbered, do hereby give you notice that it is my dcsire to surrender such lease [or leases], and to obtain n fresh lease [or leases] under 'L The Waste Lands Amendment Act, 1867."

Dated this day of 1 8

Provided that if such notice shall be given by any person having a preferential claim to a lease as aforesaid, the form thereof may be altered, so as to meet the circumstances of the case.

On receipt 01 notice

Governor may grant 4, On receipt of any such notice within the period aforesaid, it

new lease. ,, shall be lawful for the Governor to demise to the lessee or person giving such notice the lands included in the lease or leases, claim or

5 f z l Q + claims so surrendered, at the rent and for the term of years or respec-

yl"	,-	tivc term of years to Be ascertained ss herein mentioned, upon such
bC	conditions and clauses of f odeiture and of resumption as $re herein- a~EEiiicnKoncd, or as may b e - any ~G~ulations, t o - h
made under the provisions .of the power i n that
$ 1 3	behalf her&after contained: Provided that, if any such demise
shall terminate, either by eRuxion of time or otherwise, the land comprised thcriin shall ;lot be re-let for pastoral pupos& without
the same having been first offered to be let to the person bidding the highest rent for the same at public auction not less than the expiration of six months before the ex pi ratio^ of such lease: Pro- vided, also, that no lease under this Act shall contain lands included partly in one district and partly in another.

New lease lands

surrendered not in- 5. If any lease surrendered under the last preceding section shall cluded in any btrict. comprise lands includcd in one or other of the said Districts A, B,

or C, and also other lands not so included, the Governor shall grant

a new lease of the lands not so included to the lessee so surrendering

far the uncxpired portion of the term comprised in such lease, at the

same rent and assessment, and upon the same conditions in all respects

as were contained in the lease so surrendered.

Term for which new

kmes to be granted. 6. New leases granted under section four shall be for the respec-

tive terms next mentioned; that i's to say-If the land to be

dernised

31° VICTORIX, No. 21.

.The Waste Lands Amendment Act.--1867.

demised are includcd in District A, such term shall be for fourteen years from the thirty-first day of December, one thonsand eight hundred and sixty-seven; and if in Distridts B or C, such term shall be for twenty-one years from the said thirty-first day of December, one tl~ousand eight hundred and sixty-seven: Provided that the Govcrnment shall have full power at any time during the currency

of any lease granted under the provisions of this Act, sliould the

land be required for salc or other public purposes, to resume pos- session of all lands so leased on giving six months' notice to the

-

lessee: Provided, also, should the land so leased be rcsumed during the first half of the term of any lease the full value of all imprave- ments shall be paid to the lcssee; if resulncd during the third quarter of any lease one-half of the value of all irnprovemei~ts shall be paid to the lessee; and if resumed during the last quarter of the term of any lease no payment shall be made on n.ccount of improvements,

e x c e s on-Zcpua of	p e ~ n ~ n c n t	-	T	as provided for in clause 17
of this Act.

7, The rents to be reservcd in lrascs of lands dcniiscd unclcr the Rentstobepayable under new leases.

provisions of this Act shall bc as follows, that is to say-

1. Where the lands dcmiscd arc situate in District A, the yearly rent to be paid by the lessee shall be a sum equivalent to Sixpence per head on the average rlumber of sheep, and Three Shillings per head on the avcragc number of cattle actually dcpasturing on the lands included in the lease, such average nurnber to be ascertdined as hereinafter provided:

rr. Whcre the lands demised are situate in District B, such rent shall be a sum equivalent to Fourpence per head on the average number of sheep, and Two Shilling per head on the average number of cattle so actually depasturing as aforesaid: and

111. W ~ C F C the lands demised. are situate in District C, such

the average number of sheep, and One Shilling per head rent shall be a sum equivalent to Twopence per head on on the average number of cattle, so actually depasturing as aforesaid:

' Provided, however, that in no case shall such yearly rent bc less than the amounts next mentioned, that is to say-for all lands situate in District A, the sum of Twenty Shillings for each square mile; for all lands situate in District B, the sum of Eight Shillings and Fourpence for each square mile; and for all lands situate in Dis- trict C, the sum of Two Shillings and Sixpcnce for each square mile; it being the intention hereof. that the respecthe sums last mentioned shall be paid by the lessees of all lands in the said Districts A, B, and C, although no stock shall be depasturing thereon.

8. The rents under the leases to be granted as before mentioned Reats to be P& half*

yearly and return of

shall be payable on the thirtieth day of June and on the thirtpfirst day ; Bt & p e g

of

158 31" VICTORIA3, No, 21.

-. -..

The ?Taste Lands Arncndment A c t. 1 8 6 7. .

be fomarded to COmc of December in cach year; and, for the purpose of ascertaining the

missioner of Crown

Landsr, average number of sheep and cattle actually dcpasturing on the lands included in any such lease, and of fixing the amounts to be paid on such respective days, wery lessee of any of the lands in- cluded in any such lease, or in case of the absence of any such lessec, thcn thc overseer or other person having the care and management of the lands or run included in any such leasc shall, within three days from the first day of June in each year,

fill up and forward to the Commissioner of Crown Lands, through

the medium of the General Post Office-the letter or envelope enclosing such statement or return being registered-a statement or return, in the form of the Sccond Schedule hereto, of thc number of all sheep and cattle, whether belonging to such lessee or not, which, on such first day of June, and also on the first day of February and the first day of April then last past, were actually upon or depasturing on the lands included in each lease (if more than one) under which the lands forming such run are held; and such lessee, overseer, or other person as aforesaid shall also, within three days from the first day of December in cach year,

fill up and forward a like statement and return in the form also con-

tained i11 the said Second Schedule of the number of all sheep and cattle as aforesaid which, on such first day of December, and also on the first clay of August and the first day of October then last past, were actually upon or depasturing on such lands as aforcstlid; and such statement or retum to be fol-warded in December as aforesaid shall also contain a statenient of the total iiuinber of shcep actually shorn at all the stations on such lands at the shearing then last past, and the rent to be paid on the said thirtieth day of June and thirty- first day of Dcccmbcr respectively shall be calculated on the average number of sheep and cattlc: actually upon or clcpastnring on such lands at the dates mentioned in such statement or return, and next p~ccd ing such tliirticth day of Jlmc or thirtycfirst day of December, as the case may be.

Penalty for fahe	9. Such statement or return shall be signed by the lessee, over- seer, or other person making the same, and shall be certified by him to be correct in all particulars; and if ally such lessee, overseer, or other person shall wilfully make, sign, or forward any false state- ment or return, as aforesaid, or shall make or practice any fraudulent contrivance or device whatever, with intent thereby to conceal or mis- represent the number of sheep or cattle actually upon or depasturing
return.
on any land dcmised under this Act at the rcspectivc dittc~s n~cntioned
in sufh statement or return, such lessec, overseer, or other person so offending shr~ll for every such offence forfeit and pay a sum of not
less than Fifty Pounds nor more than r r ~ v ~ Hundred Pounds, and
the lease of the lands in respect of which such false statement or return
is made, may be declared to be forfeited, as hereinafter mentioned.
Penalty for driving

staclr off run with a 10. If any lessee, or any overseer, or other person in the employ

view to made con.eot of such lessee shall drivc or cause to be driven any sheep or cattle,

return. off the lands leased to such lessee in one district on to lands leased

to

p -

The Waste Lullds Amendment Act,--1867.

to such lessee in anothcr district, or on to any other lands, mhcxther such lands may be leased to other persons or not, and thereby diminish the numbw of shwp or rattle actually upon or clepasturing on any lands so leascd at the respective times when, according to the statement and return before mentioned, the number of such shecp or cattlc so actudly npon or dcpxsturing on such lands must be certified by such lessee, owrscer, or other person as aforesaid,

intent to diminish the number of shecp or cattle which sllould have bccn included in nlch statement and return, such lessee, ovcr- seer, or other person shall for every such oEence forfeit and pay a sum

of not less than Fifty Pounds nor more than Two Hundred Pounds,

and thc lcasc of the lantls off which such slieep or cattle shall be so driven as aforesaid nlav be declared to be forfeited as hereinafter mentioned.

11. If any ovcrsoer or other person as aforesaid slid1 be convicted If ov mcer conviatea leasee also liable to

under either of the two last preceding scctions, he shdl be per- pay fine.

sonally liablc to pay any fine imposed; and the lessee in whose

employ such overseer or person may be shall also be liable to pay

a fine of a like amount to that imposed upon the oversccr or other

pcrson as aforesaid,

12. If any lessee, overseer, or othcr person as aforesaid shall omit Penalty to forward for return. omitting

to fill up and forward such statcnzent or return at thc times hcrrin- before providcd for forwar(ling the sa i r~, a sum of Ten Pounds for every week during which such omission continues shall be added

to the rent payable uncler the leasc in respcct of which such omis-

sion has bccn marlc; and in case such lessee, overseer, or other person slid1 omit, to forward s~zcl~ statement or return for the space

of one calendar month, the lcasc in respect of which such state-

ment or rcturn has been omitted to be forwarded may be declared

to be forfeited as hereinafter mentioned.

18. If thc rent prty;~blc under any Icasc granted nndrr this Act Penaltics on non- ptly~uont of red.

(other than leases grantcd uncler section 5) is not paid on or before the days whereupon the same is hereby made payable, a penalty of Ten Pounds per centum shall bc added to such rcnt; and

if such rcnt coritinues unpaid for the spacc of one calendar

month a penalty of Twenty Pounds per centum shall be added; and if thc said rcnt and penalty bc not paid within one month after such first month, the same shall be recoverable by the Commissioner

of Crown Lands, by action in any Court of competent jurisdiction,

and the lease on which such rcnt and penalty continues unpaid shall be absolutely forfeited: Provided nevertheless that it shall be lawful for the Governor, with the advice of the Executive Council, to waive such forfeiture upon payment of the rent and penalty, or upon such other terms as may be deemed reasonable.

14. If the Attorney-General shall suspect that any lessee, over- ~ $ ! &, " ~ o ~ ~ ~ ~ o t

seer, or other person as hercinbefore mentioned, has forwarded any be forfeited in certain

false statement or return, or has otherwise endeavored to evade the am,

provisions of sections eight, nine, and ten of this Act, or if such

lessee,

3 A

- IY

31" VICTORIB, No. 21.

The Waste Lands Amendment Act.--1867. --p

lessee, overseer, or other person shall omit to forward such state- ment or return as hereinbefore provided for the space of one calendar month, then, and in any or either of such cases, the said Attorney-General may apply to the Supremo Court of the said Pro- vince for a imle, which shall bc granted as of course, calling upon such lessee t o show cause, on a day to be mentioned in such rule, why the lease held by such lessee should not be forfeited on any of the grounds aforesaid to be set forth in such rule; and the said rule may be served either upon the lessee, or, in case of his absence from the said Province, upon the overseer or other person having the care and management of the lands included in the said lease as aforesaid, and such service may be effected by serving such rule personally upon such lesscc, ovcrsccr, or othcr pcrson as aforesaid, or by send- ing the same to him through the medium of the General Post Office, addressed to such lesscc, ovcrsccr, or othcr person at his last

known or usual place of abode or business in the said Province.

Llupreme Court nay 15. If

on the day mentioned in such rule, or if the Court shall not sit on that day, on thc first day thercaftcr that the Court shall be sitting, such lessee does not attend, either personally or by counsel, or being in attendance does not, by affidavit or otherwise, to the satisfaction of the Court, disprove the charges set forth in such rule as the grounds on which it is sought to have such lcasc declared for- feited, the said Court may and it is hereby authorized and empowered to order and declare such lcase to be forfeited, and thereupon such lease shall become absolutely null and void; and such order of the Court shall be binding upon all parties, whether such parties were before the Court or not, and shall not be liable to be a~oided or set aside for any irregularity in the service of the rule to show cause, or on any ground whatever; nor shall there be any appeal from any such order, which shall be absolutely final and conclusive.

declare lease to be

forfeited.

conrt may allow time 16. Thc said Court, on the hearing of any such rule to show

lem rebut

ohargea, and may	cause as aforesaid, may givc to any such lessee -such time as to the
direct issuea.	Court mav seem reasonable for the numose of enabling him to file d J. I U
such affidavits as he may consider necessary for the purpose of dis- proving the charges set forth in the said rule, and may also allow further time to the Attorney-General to file any affidavits in reply as to the Court may seem expedient; and the said Court may also, if it shall see fit, direct the truth of the charges set forth in the said rule to be decided otherwise than by affidavit, and for that purpose may direct one or more issue or issues to be tried by a jury in the like manner as issues directed by the Court in its Equitable Jurisdiction are tried, but in all such proceedings the proof that thc charges set forth in such rule are untrue shall lie on the defendant.

NO rinht of renewal 17. No lessee holdint. anv lease under this Act (exce~t of

W--- -

', made thereon, shall vest absolutely in IIer Majosty, IIcr hcirs, and

successors for the public uses of the said Province: Provided, nevcr-

h	theless, that & the termination of any such lease thc person
C\	~ e f i c i a l l l y interested C_-- in the lands then held under the same s1:lamc

% F q m e General Revenue of the said Province, for all wells of -

; a ~ermanent charactor -- available fo r t t ~ - ~ ~. o ~ c l ~ whicg may in-,

A crease the carrying capub&es -- F 3 - +W-- - of thr lands comprised in s u c l 1 E ,/ I Le- L

\ aniivhich may have been made dyrinp cr, the . ---m- last seven years of the

term granted by s~mh lease, and tlic amount to bc so paid shall bc k w b d d h

gi asccrtaiucd as follows, that is to say: m 1 such wells as bem

v compl-ted andhave brcn used o& during thc & year of thed'

Q said turn thr amount to &?paid s l d l bc the full vduc tllcrcof, '.

as m c he prescribed

-J such d u e to bc decided in such manner -

,a by the regulations to bc madc unclrr this Act; for all snch wells q as have been completed and h a ~ c bccrl uscd during the h&

year &$ m? of the said term thc an~onnt to bc paid shall be six-

sevenths of the f u l d u t x thereof, to he decided i is nforcsaid, and so

on for ~ a c h of the last seven years of thc said tcrin, one-scvcnth pmt of thc full wluc of all such 1vcll3 being deducted for every year of the said t z n unexpired at the time of the completion of any such

wells.

18. IIeslses for llastod purpohcs of m y portion of the: waste lands Lands B and in C, Districts not preva- ?,

of thr C'rown inchdcd in the said Districts A, U, or C, which have o;s,y to be

not llcretvforc been held iundrr 1case may be grantcd by the Governor un* provisiom of

thl8 Act.

for a term not -- e;ri~ce&n,rr twentj -one years auylhiug in " "L‘hc Waste

Lands Arneliilmcnt Act, 1865-6 " to the contrary notsv-ithstai~ding :

And at tllc oxpiration of the tmm the land &l all imp~o~crne~lts

thereon shall rev~r t absolutely to Hcr Majesty, 12cr heirs, and suc-

cessors, as wastc lands of the'~rown of the said P~ovince : Yrovidecl

ne~erthelcss that at tlw tcrrnination of m y snch lease the perhon

ber~eficially intcresteci in the lands then llelcl undcr tllc same shall

he paid out of the Gencml Ec\-cnuu of the sitid Proviilcc for a11 wells

of a permanent el~aracter available for the use of stock which may increase the cLwyiiig capabilities of thc lands comprised in such lease, allcl which may hale bccn madc during the last seven years of thc term grmtcd by such lease; the amounts to be so paid being ascertained in the same manncr as is proscribed for the purpose of ascertaining the amounts to be paid under thc last preceding section.

19. I n every lease to be madc undcr the authority of this Act C~yenant~ for repair

and for payment of

(except the lands not included in either of the said Districts A, B, local ,tea tax,,

or C, granted under section five) there shall bc included a covenant t:2;lnser"d

in

on the part of the lessee to keep in good condition and repair all houses, fences, and improvements on the lands included in such lease, reasonable wear and tear, and damage by fire, storm, or tempest only excepted, and also a covenant to pay all local rates which may be charged or imposed upon the said lands for the improvement of any portions of the said Districts A, B, or C ; but, save as last mentioned, the due payment of the rents by this Act authorized to be reserved in such leases shall be in ful l of all

taxes,

31" VICTORIB, No. 21.

he Waste Lands Amendment A c t. 1 8 6 7.

taxes, rates, asscssrnents, or impositions upon the land included in such lease, or on the stock depnstured thereon, to be imposed by the Parliament of the said Province or otherwise, save and except any general taxes or impositions which may be imposed upon all lands or stock within the raid Province.

Lesseesin arrear for

rent may pay up till 20. Such of the lessees for pastoral purposes of any of the waste

24th December, lesr, lands of the Crown included wholly or partially in either of the said

Districts A, B, or C, as are in anear in payment of rent and assess- ment due up to the thirty-first day of December, one thousand eight hundred and sixty-seven; and whose leases arc conscquently liable to forfeiture, may, at any time bcforc the twenty-fourth day of December, one thousand eight hundred and sisty-seven, pay up such arrears without penalty (subject, lio~vever, in respect of lands included in Districts B or C, to such remission of rent as is hereinafter mentioned), and shall thereupon be cntitled to the benefit of this Act; but all leases of land included wholly or partially in either of the said Districts A, B, or C, in respect of which any such arrears are unpaid on the said twenty-fourth day of December, shall be absolutely forfeited, and the Commissioner of Crown Lands shall cause a lcasc or lcascs of all lands comprised in any leases so for- feited to be offered for sale at public ttuctiorl, in such blocks as to him may seem expedient; and the person who at any such auction shall be the highest bidder for any lease sl~all be the purchaser thcrcof, and shall be entitled to the like benefits and advantages, and to havc a lease or leases of such lands, under the provisions of this Act, for the like term or terms, and under and subject to the like stipuliitions and agreements, as if such peyson had, pre- viously to the passing hereof, actually been the lessee thereof; and had duly paid all rent and assessment due in rcspcct thcrcof, and given notice of his desire to avail hiinsclf of thc provisions of this Act, as provided by Section 3.

Remission

lessees in Districts B 21. Such of the lessees for pastoral purposcs of any of the waste to

and C ayailing them- lands of the Crown included in Districts B or C as shall elect to

w~il themselves of thc provisions of this Act shall be entitled to

have remitted to thcm, and the Governor in Xxecutive Council shall remit to them accordingly, payment of twelve months' rent and assessment according to the rate of such rent and assessment under their present leases: Provided, that where any such lease includes lands in District A as well as in either of the Dis- tricts R or C, no remission shall be granted in respect of such por- tion of the said lands as arc included in District A: Provided also, that no person who shall become the purchaser of any forfeited lease, under the last pxcccding section, shall be entitled to any such remission in respect of such lease.

Lcsaeea, who pm-

viomly claimed exten- 22. Any pastoral lessee of the Crown who, having availed him- self of the benefit of " The Waste Lands Amendment Act, 1865-6,"

aim, d~ havs

of Bent Aot on coming ben5fit0'remi6k0n shall now avail himself of the provisions of this Act; shall be

under this dot. entitled to the like rerpissian of rent and assessment as if such lessee

had

310 VICTORIB, No. 21.

p - -

The Waste Lands Arnendmrent Act.--186'7.

had duly requested remissio:n of rent and assessment under the pro- visions of " Thc Remission of Rent Act, 1866-6," and the same shall be remitted by the Governor in Executive Council accordingly,

23. The Governor, with the advice of the Executive Council, mav 2 ; : : '

from time to time mike, alter, and vary re,qulations rcspeoting thc terms and conditions upon wl\ich leases of lands included in the said Districts A, B or C shall be granted for pastoral purposes under the provisions of t k s Act, and for r egu l t t t i n~ t l~e - --- . form __. of claimsfor any snch leases and the forms thfxof, and generally for g&&ge&ct to the provisions of this Act; and all such regulations, whin published in the Government Gazette, shall have the force of law: Provided that a copv of all regulations made under the authority of this Act, shall be laid before Parliament within fourteen days from the publication thereof, if Parliament shall be then sitting; and if Farliament shall not bc then sitting, then within fourteen days from its nest sitting for thc dispatch of business.

24. The regulations now in force, made under the authority of not toiaffect lands in Present regulations

" The Waste Lands Act,'' No. 5 of 1857, shall, from the passing	Districts A, B, or C.
hereof cease to have any effect so far ss concerns the leasing for pastoral purposes, of any of the waste lands of the Crown included in any of the said Districts h, H, or C.

25. All proce~dings, for the recovery of any pecuniary penalty by Summary procedure,

this Act imposed for any omissions, defiiiults, acts, or offences shall

be had and taken, and may be heard and cletermincd in a summary way, by any Special ~ a & t r u t r or two Justices, undrr the pro- visions of an Ortlliiiance of the Governor n r d Legislative Council, No. 6 of 1850, "To facilitate the performance of the duties of Justices of the Peacc out of sessions with wspcct to summary con- victions and orders," or of any Act hereafter to bc in force relating to the duties of Justices with respect to summary convictions and	orders, and all convictioris and orders may be enforced as in the	said Ordinance or in any other Act is or shd l hc provided; aud the
said Special Magistrate or Justices may also, in casc ally penalty is imposcd, order thc dcfenclant, in default of payment thereof, to be imprisoned, with or without hard labor, fur any period not cxcecding
six calendar months.

26. In any procceding for the wcovery of any penalty for making IYI cdainpmcasdiag~

a false statement or return, as provided by section 9, or for driving onua probanda' to teat	on Icfendant.
sheep or cattle of£' any run, as provided by section 10, the averment that the defendant has committed the act complained of, shall be sufficient without proof of the fact, unless the defendant prove to the contrary.

27. There shall be an appeal from any conviction by any Special Appeal to Adelaide

Magistrate or Justice for any offence against this Act, or from any Jufidiction.	Local Cnurt of FuU
order dismissing any information or complaint, which appeal shall be
to the Local Court of Adelaide of Fulr Jurisdiction only, and the

proceediqgs

3 B

The Waste Lands Amendment Act .1867.

--

proceedings on such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts, or any Act hereafter to " be in force, regulating such appeals; but the Local Court of Adelaide, aforesaid may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

Local Court, upon

homing of appeal may 28. Thc Local Court of Adelaide, upon the hearing of any appeal, Supreme Court, and the Supreme Court shall hear and decide such special case or cases according to the practice of the Supreme Court on special cases, and the Supreme Court shall make order as to costs

t p i . may state one or rnorc special case or cases for the opinion of the

of any special case as to the said Court shall appear just; and any two or more Justices, or the Local Court of Adelaide, shall make an

order in respect to the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any Judge thereof; which order of the Justices or Local Court shall

be enforced in manner provided for the enforcement of orders of

Justices, under the said Ordinance, KO. 6 of 1850, or other Act, as aforesaid; and save as herein provided, no order or proceeding of any Spacial Magistrate or Justices, or of any Iiocal Court, made under the authority of this Act, shall bc nppcalcd against, or removed by certiorari, or otherwise, into the Supreme Court of thc said Province.

Dispaal of penalties. 29. All moneys received for penalties imposed for offences apinst this Act, shall be paid to the Treasurer on behalf of E e r Majesty, Her heirs, andm successors, for the public use of the said Province, and in support of the Government thereof.

In the namc and on behalf of the Queen, I hereby assent to

i;his Act.

D. DALY, Governor.

THE

31° VICTORIiZ, No, 21. 165

The Waste Lands Amendment Act .1867. +

THE FIRST SCHEDULE.

DISTRICT A.

District A includes ail lands 1j ing between the following lines, viz. :-Starting from

Darke's Peak (a trigonometricnl ~tat ion on the Port Lincoln Peninsula, about forty- two miles west-north-west from Franklin Harbor); thence about thirty-one and a-quartcr miles due south to a point four and a-half miles west of Mount Pliscilla, a detached hill in the ucrub lying about twelve and threequarter miles, 28' w e ~ t of south, from Mount Shanuon; thence east about twenty-six and a-half mileer to the coast, passing through Mount l'riscilla; thence crossing Spencer's Gulf in a direc- tion 6 O south of east, to the north-western corner of the Huncired of Kulpara; thence six and a-half miles east along the northern boundary of same ; thence to ti point f ive and a-quarter milep, 38" north of east; thence to a point sixteen miles 7" 30' east of north, and fifteen miles 11" SO' east of north; thence to a point 3" east of north for seventeen and q u a r t e r rnilss; thence 13" w e ~ t uf north for ten miles sixteen chains; thence 8" 30' west of north for two miles fifty-six cl~ains, 23" west of north for three miles twenty-eight chains, 17" west of north, for two and a-half miles, and north for one mile thirty-two chains; thence one mile and a-quarter east to the western boundary of the Hundred of Wongyarra, ten and a-half miles north along the western boundary of same. and three and a-half miles east to Mount Kernarkable; thence ten miles sixty-eight chains. 24" west of north, and eight and three-quarter miles east along the western and northern boundaries of the Hundred of Gregory; thence ten miles eouth along the eastern boundary of the said Hundred, and a further distance of ten and three-qual ter miles south, along a portion of the eastern boundary of the Iiundred of Wongyarra; thence to a point 5 O 45' south of cast for eleven miles, and four and a-half milel 5" 45' east of north; thence iive and a-half miles, 24" 30'east of north, to t>he foot of range, and about aix miles along same to Pekina Hill; thence three-quarters of a mile east, and four miles twenty-four chains, 2O0east of south, to Nepowie water; thence to a point eight miles, 8" east of south, two milee 5' 30' south of east, and cne mile forty-eight chains 31' south of east; thence to a point five miles fifty-six chains, 17" 80' south of cast, and one and a-quarter miles 14' west of south; then six and a-quarter miles, 13" 30' east of south; thence to a point 3" east of south for six and a-half miles, and 5" 30' \vest of south for three and a-half miles; thence to a point 30' south of east for six miles; thence tmo and a-quarter miles 30° south of east, two miles 34' south of east, two miles eight chdins 39" south of east, and two and a-quarter miles 43" eouth of

of Hallett, and one and three-quarter miles east along portion of eame to its north- east; thence 2' west of south to a point on the northern boundary of the Hundred	eastern corner; thence south tor thirty-eight miles twentv-four chdins, being the
eastern boundary of the Hundreds of Hallett, Kingston, Kooringa, and portion of Apoinga; thence 5 O 45' south of eaot for three and a quarter miles, and 26" east of south for six miles sixteen chains; thencc five miles 48 chains east along portion of the northern boundary of the Hundred of English'to its north-eastern coxner, and nine miles sixty-four chains south along the eavtern boundary of the said Hundred; then four and a-half miles east to the north-eastern corner of the Hundred of Nealea, and twelve and a-quarter miles ~ o u t h along the eastern boundary of same, and portien of the Hundred of Dutton; thence ten miles east along the northern boundary of the Hundred of Anna, and a further distance of three-quarters of a mile east along the southern boundary of the Hundred of Hay; thence eleven miles north, parallel to the western boundary of the Hundred of Hay, and three quar- ters of a mile west to its north-west corner; thence 46" weet of north for fifteen and a-half miles, 28" west of north for twelve and three-quarter miles, and 23" weet of north for twelve and a qnartor milee, to a point near Baldina Creek; thence about 5' 30' east of north for nix milee thirty-two chains; thence one mile thirty-two
chains 5' SO' south of east, eight and three-quarter miles 5' 30' eaat of north, and
about seventy-two chains n e s t; thence four miles eight chains 5" 30' east of north, and four and aqhalf miles 3 3 O 30' west of narth; thence for sixteen miles, about 50 30' east of north ; thence to a point three-quarters of a mile 5" 30" eouth of east;

thence

,3l0 'VICTORIE, No, 21.

The Waste Lands Amendment Act.-1867.

thence three and a quarter miles 23" 30' east of north, 1" 30' west of north for six and a-half miles, one i n d three-quarter miles 5" 30' north of west, and four miles twenty- eight chains 10' 30' east of north; thenie one mile 5" 30' south of east, and ten mdes

6" 30' east of north to apoint about one and three-quarter miles 24" north of east from

Nackara Hill; thence four miles 26" 30' west of north, and twelve and a-half miles 5" 30' north of west. passing about one and a-half miles north of Buttamuc Hill; thence to a poinl 33" nottll of west for three miles, and ten and one-third miles 33" 30' west of north; thence to a point nine miles twelve chains 20" 30' west of north; thence 6" north of wcst for six and a-half miles to a point about four miles south of Price's Hill; thence 20" south of west for four miles twenty-four chains, 35" west of scjuth for nine and three-quarter miles, and 28" 30' south of west for six miles sixteen chains; thence north-weet by west for two miles seventy-two chains, whence 18" 30' north of west for nine and a-quarter miles, 13" south of west for nine miles sixty-four chains, and about one mile south to Mount Brown

Trigonometrical Station; thence to a point 4 ' 30' east of south for eight and a-half

miles, and 20" west of south for six miles forty-eight chains to Mount Gullet, from which point 20" north of west for two miles seventy-two chainu, and west by south for three and a-half miles to the coast of Spencer's Gulf, near Port I!ergnson, and about three-quarters of a mile north-westerly from Mount Grainger; thence crossing the Gulf to its western shore, and following the coast to Point Lowly and Mount Young to a point about eleven miles south of the Murninnie Mine, snd finally return-

ing west to Darke's Peak.

DISTRICT B.

District B indudes all lands lying between the following lines, viz. :-- Starting from Wodinna Trigonometrical Station; thence 2" north of east, for ten miles seventy-two chains, to Corra~innie Hill; thence 21" north of east, for forty-four miles, to Wilchesry Hi l l; thence east by north, for seventeen and three-quarter miles, to Harriu's Bluff; thence to a point fourteen miles thirty chains 28" north of east; thence 31" north for twenty and a - half miles, and 15" north of east for twenty-one and a-quarter miles; thence eleven miles sixty-four chains 16" 50' north of east; thence east for seven miles, and 7" north of east for ten miles (the latter line passing about half a mile to the north of Dutchman's Stern Hill); thence nine milcs seventy chains east, eleven miles 12' 30' north of east, nine miles forty-eight chains 26" 30' north of east, six miles fifty-four chains 42" 30' south of east, and eighteen miles fifty-six chains 20' south of east (the latter line passing about seventy-two chains south of Marchant's Hil l; thence to a point 18" south of east for twenty-scrcn miles twenty- four chains, and 38" 30' south of east, for seven miles, to a point about two and a-quarter miles north-easterly of Yunta Hill; thence 6" 45' east of south for twenty- one miles, and 6" west of south for eleven miles seventy-two chains; thence to a point 4" west of south fox fifty-eight and three-quarter miles, and 6" east of south

for six miles twenty-four chains; thence south-south-east for four miles, and south	for ten miles forty-eight chains, to a point on the northern boundary of the Hundred
of Hay; thence two miles thirty-two chains west to the north-western corner of the said Hundred; thence 46" west of north for fifteen and a half miles, 28" west of north for twelve and three-quarter miles, and 23" west of north for twelve and a quarter miles, to a point near the Baldina Creek; thence t o a point about 5" 30' east of north for six miles thirty-two chains; thence one mile thirty-two chains 5" 30' south of east, eight and three-quarter miles 5" 30' east of north, and about seventy- two chains wcst; thence four miles eight chains 5" 30' east of north, and four and
a half miles 33" 30' west of north; thence, for sixteen miles, about 5" 30' east of
north; thence to a point three-quarters of a mile 5" 30' south of east; thence three and a quarter miles 23" 30' east of north, 1" 30' west of north for six and a half miles, one and three-quarter miles 5" 30' north of west, and four miles twenty-eight chains 10" 30' east of north; thence one mile 5" 30' south of east, and ten miles 5'30' east of north, to a point about one and three-quarter miles 24" north of east from Nackara Hil l; thence four miles 26" 30' west of north, m d twelve and a half miles

30' north of west, passing about one and a half miles north of Buttamuc Hill;

thence to a point 33Q north of west for three miles, and ten and one-third miles 33" 30'

nest of north; thence to a point nine miles twelve chains 20" 30' weet of north;

thence 6' north of weet, to a point about four miles south of Price's Hill; thence 20' south of west for four miles twenty-four chains, 35" west of south for nine and three-quarter milee, and 28" 30' south of west for six n d e s sixteen chains; thence north-west by west for two miles seventy-two chains; whence 18" 30' north of west

for

31" VICTORIB, No. 21.

The	Waste Lands Amendment	A c t. 1 8 6 7.
7

fdr nine and a-quarter mileg, 13" south of west for nine miles sixty-four chains, and about one mile south to Mount Brown Trigonometrical Station; thence to a point 4 O 30' east of south for eight and a-half miles, and 20° west of south for six miles forty-eight chains, to Mount Gullet; from which point 20" north of west for two miles seventy-two chains, and west by south for three and a half miles, to the coast of Spencei's Gulf, near Port Ferguson, and about three-quarters of a mile north-weeterly from Mount Orainger; thence, crossing the Gulf to it8 western shore, and following the coast by Point Lxvly and Mount Young, to a pcint about eleven miles south of the Murninnie Mine; thence west to Darke's Peak Trigonometrical Station; thence about thirty-one and a-quarter miles due south to a point four miles and a-half west of Mount Priscilla; thence 14" north of west to Tooligie Hill; thence to a point seventy-two chains, 5" south of west; thence 40" west of north for twenty-eight and a quarter miles; thence four miles west, two miles thirty-two chains 28" west of south, and three and a-half miles 9* south of west; thence to a point east of north for two and a-half miles, 2 5 O south of west for thrce miles, 1" north of west for three and a-quarter miles, and 16O north of west for one and a-half miles; thence twelve chains north, three-quarters of a mile 37" north of west, one mile twenty- eight chains 20" south of west, one mile 1 9 O north of west, and one mile 5" 30' east of north; thence to a point 4" north of west for three and a-half miles, passing a few chains south of the Wedge Hill Trigonometrical Station; thence seven miles

36" north of west, and one mile twenty-four chains 42" west of north; thence to a

point one mile twenty-four chains 10" east of north; thence for six miles 30" 30' west of north, and for two miles fifty-six chains 4 O north of west to a point lying two and three-quarter miles north-easterly from Talia Hill; thence 2" 30' east of north for seven and three-quarter miles; thence to a point 15" 30' west of north for ten miles; thence 4" north of west for four miles and 29" north of west for eight mile8 thirty-six chains, to a point two miles north-north-easterly from Mount Cooper; thence 31" north of west for six miles forty-eight chains; thence to a point two and a-half miles 2O north of west, and eight and ;-quarter miles 2" east of north; thence 2" north of west for seven miles seventy-six chains, to a point lying three miles nearly north by west from Medlingie Hill; thence threc miles 2" west of south to a point half-a mile west of the aid Medlingie Hill; thence three and three-quarters miles

2O north of west, and one mile twenty-four chaine 2" east of north; thence 3" 30'

north of west f a five milea, and a quarter of a mile 2" west of south; thence 2' north of west for five and a-half miles, passing through Onetree Hill, and striking the shore of Streaky Bay, about half a-mile north-easterly from the Township of Flindere; thence along the sea-coast to the 129th meridian of east longitude, being the western boundary of the Province; thence about fctty-eight miles north to the 31st parallel of south latitude, and east along the said parallel to its intersection with the 132nd meridi8.n of east longitude; thence east-south-easterly to Yarlbrinda Hill; thence 22" 45' east of south for sixty-sevea and three-quarter miles to Tchark- uldu Hill; and finally twenty-tme miles thirty-two chains 24" 30' south of east to Wudicna Hill.

DISTRICT C.

District C includes all lands in the Province lying to the north of and within the following lines, viz. :-Starting from a point on the eastern boundary of the Province,

about sixty-two and a-half miles south of the River Murray; thence about sixty and three-quarters miles west to the south-eastern corner of the Hundred of Morphett; thence north for forty-seven miles forty-eight chains along the eastern boundary of the Hundreds of Morphett, Ctiles, Cooper, Paisley, and Randell; thence one and one- quarter mile east to the south-eastern corner of the Hundred of Cadell; thence twenty-three miles north to the north-eastern corner of the Hundred of Stuart; thence nine miles eight chains west along its northern boundary, and ten and three- quarters miles south to the North-West Bend of the River Murray; thence ten miles

west along the northern boundary of the Hundred of Eba to its north-western

corner; thence north-north-west for four miles, and six miles twenty-four chains 6' west of north; thence to a point 4" east of north for fifty-eight and three-quarters miles; thence 6" east of north for eleven miles seventy-two chains, and 6' 45' west of north; thence to a point 4" east of north for fifty-eight and three-quarters miles; thence 6" east of north for eleven miles seventy-two chains, and 6" 45 west of.

north for twenty-one miles to a point about two and one-quarter miles north-easterly of Yunta Hill; thence 38' 30' north of west for seven milea, and 18" north of west for twenty-seven miles twenty-four chains; thence to a point eighteen miles fifty-six

chains

3 C

Lr_Cr.i_.."

WVICTORIIIE, No. 21.

The Waste Lands Amendmetz t A c t. 1 8 6 7.

chains SO0 north of west, passing about seventy-two chains south of Marchant's Hill; thence six miles fiftr-four chains 42O 30" north of west-nine miles forty-eight chains 26" 30' south of west, eleven miles 12' 30' south of west, and nine miles seventy chain8 west; thence to a point 7' south of west for ben miles, passing about

half a mile to the north of Dutchman's Stern Hill; thence to a point west for seven

miles; thence to a point 15" ~ o u t h of west for twenty-one and one-quarter miles, and 31" south of west for twenty and a-half miles; thence fourteen miles thirty chains 28" south of west, to Harris's Bluff; thence west by south for eeventeen and three-quarters miles to Wilcherry Hill; thence 21" south of west for forty-four miles to Corrabinnie Hill; thence 2" south of west for ten miles seventy-two chains to Wudinna Trigonometrical Station; thence 24' 30' north of west for twenty-two miles thirtyetwo chains to Tcharkuldu Hill, and 25' 45' west of north for sixty-seven and three-quarters miles to Yarlbrinda Hill; thence west-north-westerly to the intersection of t h e a l s t parallel of south latitude, with the 132nd meridian of east longitude; thence west along the 41st parallel ofsouth latitude to the 229th meridian of east longitude, being the western boundary of the Province; thence north to the 26th parallel of latitude; thence east along the said parallel to the eastern boundary of the Province, and south, along its eastern boundary to the said point of starting, about sixty-two and a-half miles south of the River Murray.

All lands within the limits of any Hundred are excepted from this Schedule.

31"1CTORIB, No. 21,

The Waste Lands Amewdment Act.-1 867.

THE SECOND SCHEDULE.

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