Waste Lands Act 1868 (SA)

ANNO TRICESIMO SECUNDO

A.D. 1868-9.

No. 14.

An Act to further amend the Waste Lands Act."

[Assented to 80th January, 1869.1

HEREAS it is expedient to make further provision for the Preamble.

W future sale of waste lands of the Crown within the Province of South Australia-Be it th.:refore Enacted, by the Governor of the Province of South Australia, with the advice and consent of the Legislativc Council and House of Assembly of the said Pro- vince, in this present Parliament assembled, as follows:

1. The waste lands of the Crown in the said Province may be Lands may be alien-

conveyed and alienated by Her Majesty, or by any person or

sons acting on Her behalf, or under the authority of Her Majesty, ~~~~~ % z$F-

- 7

by way of-sale in thc manner and under the conditions hereinafter provided, and subject to the regulations to be made under the authority of this Act, any law heretofore in force to the contrary notwithstanding.

l

2. Any waste lands of the Crown which may hereafter be offered Landa sold at auction l

for sale at public auction, may be sold upon credit to the extent of ~ ~ 8 ? ~ ~ ~ ~ ~ ~ ~ ~ U r

not morc than six hundred and forty acres to any one person being prepnyment of in-	the highest bidder at such auction, on condition of such person money, and upon terest on purchase
paying, on the fall of the hammer, in ready money, an amount equal application in writing. t
to Twenty Pounds per centurn of the purchase money, and of making application-in writing, at the time of paying sucs ready money, in the form set ont in the First Schedule to this Act, for a credit of four years for the payment of the whole amount of the purchase money; and when such payment in ready money, and application as aforesaid shall have been made, the money so paid

R ahall

. 32" VICTORIX, No. 14.

Waste Lands Amendment Act, 1868-9.

shall be deemed to be and shall be regarded as a payment in

And receipt given for	advance of all interest upon such purchase money, and a receipt
piyment of ir~tei est,	shall be given for such payment in the form set out in the Second
~d arlplicntio. and
rewipt to be entered	Schedule to this Act to the person paying such money; and every
snd registered.	such application and receipt shall be entered and registered in a public register, to be kept for that purpose in t*he Lands Office, and such applicant shall be deemed a purchaser of such lands upon credit in the same manner and upon the same terms as is herein provided respecting purchasers of lands in agricultural arcas; and any waste lands of the Crown which may have heretofore been, or
Land paslea the	which hereafter shall be offered for sale by public auction and not

hammer may be

in seme manner. sold, may be sold upon the terms of credit, and upon an application

. as herein provided: Provided that no township or suburban lands, or special country lots, shall be sold upon terms of credit.

cn credit, land that	3. Any person who may be desirous of purchasing on credit, any apply in writing at the land office, in the form set out in the First Schedule to this Act, and shall indicate b y r'eference to the public maps or plans, or in the manner required byd the regulations under this Act, the section or sections not being in the whole more than six hundred and forty acres, which he may wish to purchase at the price at which such lands may be open to purchase by private contract, and shall pay in advance in ready money at the time of making such application, an amount equal to Twenty Pounds per
n.8 been pasacd at	land which may have been offered at auction and not sold, shall
auction.
ccntum of the purchase money offered by him in his said applica-
tion, and upon payment of such amount, the money so paid shall be deemed to bc and shall be regarded as a payment in adva~ce of all interest upon thc amount of the purchase money, and a receipt for such amount shall be given in the form sct out in the Sccond Schedule to this Act, to the person making such application, and all swh applications and receipts shall be eiltered and rcgistered in
a public register to be kcpt for that purpose in the Land Ofice.
Agricultural areas

~ f ~ t h o a o f p u r c h ~ ~ i n g

named U 8cheu~:e. 4. The lands described in the Third Schedule to this Act shall be

agricultural areas, and shall bear the names and numbers described

a d set out in such Schedule.

Other araaa mnv he	(4. The Governor, with the advice a d	consent of the Executive
survered, nnd descrip-

tion lbrd befole Par. Council may, from time to time, by proclamation in the South

liament. Australian Governntent Gazette, set apart other agricultural areas of

ete4d'Y4c7"7*-/ not less than twenty nor more than one hundred square miles in

$ = c e %.	extent, in any part of the Province of South Australia; and such
areas shall cdnhin good agricultural land, and shall be surveyed in
sections of not more than three hundred and twenty acres; find in

Townships t o ke sur- every such area there shall be a township and suburban lands and

veped in e a ~ h a m all proper reserves for public purposes, and plans of the land

surveyed in such agricultural areas, shall be prepared and kept in the Land Office: Provided that a description of the lands intended

p,,;,: Nothing to be proclaimed as an agricultural area as aforesaid, shall be laid

nerein	limit the	before Parliament fourteen day S at the least prior to the issue of such
Oo~ernor's	existing
power.	proclamation: Provided always, that nothing herein contained shall

be

32" VICTORIZ, No, 14,

Waste Lands Amendment Act, 1868-9.

be taken to limit or restrain the power of the said Governor in Council

to cause any township lands, subiirban lands, roads, or reserves,

to be surveyed and made within the said areas, in the same manner and as fully as might be done upon any part of the waste lands of the Crown before the passing of this Act.

6. The lands within such agricultural areas, except as is hercin- Lands in arena to be open for selection,

after otherwise provided as to township lands, suburban lands, and except toanlhip

such lands as may remain unsold as herein provided, shall not lands.

be offered for sale at auction, but shall be open for selection in the

manner herein provided, and on terms of credit only; and all town-

ship and suburban lands in such areas shall be sold at auction, and

not upon credit.

7. The lands comprised in the agricultural areas in the Third Notice of lands being

Schedule to this d c t shall be forthwith surveyed as herein provided, statyd pIices and for open for sc lection at

and within three calendar months from the time when any agricul- certain periods to be	given.
t ~ r a l area is proclairncd, thc lands in such proclaimed area shall be surveycd as herein provided, and public notice shall be given by Proclamation in the South Australia~z Gorernment Gazette that all
the lands in the respective areas, cxccpt township and suburban

lands, and reserves, arc open for selection at a certain price per acre, to be named in the Proclamation, which shall be the value of the best land in the said area as determined by the Governor, with the advice of the Executive Council, for a period to be named in such Proclamation, and that at the expiration of such first-named period the lands remaining unsold shall be open for selection at another lower or reduced price for another period to be therein named, and so on until suc6 pricc has been lo~~rcred and reduced to thc price of One Pound per acre; mrl such Proclamation shall state the several periods durirlg which and the several lower or reduced provjso: R ~ d ~ t i m of plce nnd duration

prices at which lands remaining unselected and unsold may be ,f ,,,,,d ,,f ,elec,ion

selected: Provided always that such reduction of pricc from period 10 be iiuliLcd.

to period shall never be at the rate of lees than Five Shillings nor d o 7 7 &p -,, 3. h

,

more than 'Yen Shillings per acre, and the periods to be named in

the said Proclamation, during which such lands shall be left open

for selection at each separate price, shall not be less than one month	( ,
nor more than three months in duration; and no land in any area
shall be open for selection until one calendar month at least after the	I
issue of such Proclamation, and no land in any of the areas described	1
in the Third Schedule to this Act shall be open for selection until
six calendar months after this Act shall come into operation:
Provided also, that if any improvements shall have been effected on
any such land, the estimated value of such improvements shall be	f @
added to the price of the land.

8. No land shall be sold under the authority of this Act for l eu NO land to be gold

than One Pound per acre. under &l per acre.

9. After the lands in any area have remained open for aale at the ~ n s e l e c t d lsnaa may a I

price of One Pound per acre for a period of two years, if any such by au"on*

lands #

32" VICTORIB, No. 14.

Waste Lands Amendment Act, 1868-9.

lands remain unsold, the Governor in Council may direct that such lands, or any portion of them, shall be sold by public auction, in the same manner as lands not within agricultural areas.

Term of credit to be

Team 10. Whenever it is mentioned ox provided in this Act that any of

*zP 4 7 - 3 the said lands shall be- sold upon credit, such credit shall be taken

h 44,gq-70,%~ t. to be and be a term of credit of four years' duration, and not of any greater or less duration.

Method of obtaining

land in agricultural	11. Any person, who may be desirous of purchasing land within the form set out in the Fourth Schedule to this Act, and shall indicate, by reference to the public map or plan of such area, or in the manner required by the regulations un&r this Act, thc section or conti- guous sections, not being in the whole more than six hundred and forty acres, which he may wish to select, and shall pay in advance in ready money at the time of making such application an amount equal to Twenty Pounds per centum of the purchase money offered by him in his said application; and upon payment of such amount the money so paid shall be deemed to be and shall be regarded as a payment in advance of all interest upon the amount of purchase money, and a receipt for such amount shall be given in the form set out in the Sccond Schedule to this Act to the person making such application, and all such applications and receipts shall bc entered and registered in a public register, to be kept for that pur- pose in the Land Office.
area.	an agricultural area, shall apply in writing at the Land Office, in
Yimul taneous appli-	12. Whcn on any day, within the period of one half-hour, calculated cations under this Act, two or m x e persons shall make sppli- cation for the purchase of the same portion or section of land under this Act, whcther such lands shall be in an agricultural area
cation to bc dtter-
mined by lot,	from the time of the opening of the office for the receipt of appli-
the priority of the order of a.pplication shall be determined by lot, or shall be lands that have been ofiered at auction and not sold,
to be conducted in such manner as the regulations made under this Act may direct; and upon such determination the applications
Unaucceasful appli-	shall be received and entewd in the order so ascertained, and an
cant may have his	unsuccessful applicant shall have the money paid by him with his
money returned.	application returned to him.
or on credit, or in area

Purchasers at auction 13. When ally person, either as a purchaser at public auction,

must sign agreement	or of lands that have been offered at auction and not sold, or cf
and may go into pos-
aeseion thereunder	lands within an ;igricultural area, shall have obtained a receipt for
and prq purchase-	payment of all interest in advance, as provided in the second and
mbney at end of four
years, when land	ninth preceding clauses of this Act, and in the form set forth in the

grant will be g i~en.	-	Second Schedule to this Act, he shall forthwith execute in dupli- cate an agreement in writing in the form set forth in the Fifth Schedule to this Act, one part of which said agrccment shall be
retained in the Land Office, and the other past shall be delivered
to the intending purchaser executing the same, who shall there-
upon become the purchaser of the lands mentioned in ~uoh agree- ment,

32" VICTORIB, No. 14.

Waste Lands Amendment Act, 1868-9.

ment, and shall be entitled to go into possession of and occupy the same, subject to the conditions contained in the agreement and to the provisions of this Act and the regulations made under the authority of this Act, but shall not be entitled to receive a Crown grant of the lands held by him under such agreement, before the expirhon of four years from the dste of such agreement; and in the event of any person neglecting or refusing to execute such agree- ment within forty-eight hours from the time when such receipt was given, such person shall forfeit all claim to the land and the amount

for which such receipt was given.

Purchasers under

14. Every purchaser of waste lands of the Crown, occupying the same under an agreement as herein provided, shall be cntitled	agreement to have
rights o f possession, and as proprietors
to maintain suits at law or in equity against any wrong doer or	against trespassers
trespasser, as effectually as he could under a grant from the Crown,	and others,
provided that such agrecmcnt has not become forfeited or void by reason of any fraud under this Act, or any violation of this Act, or of the regulations made undcr this Act, or of any of the conditions contained in such agreement.
No transfer of agree-
15. No transfer or assignment of any agreement under thr: pro- visions of this Act shail have any force or effect, or be valid either	ment except in cam o f
death or insulvenoy.
at law or in rquity, and any transfer or assignment, or any attempt to make any such transfer ni. assignment, shall be deemed a fraud under this Act: Provided, however, that on any application for n transfer of the agreement by an original purchaser from tllc Crown, on whom continued occupation may inflict a personal hardship, or be the occasion of great loss, or by'thc executors, admin- istrators, dtvisee, or assignee or trustee in insolverrcy of the original purchaser from the Crown, toany person to be named in such applicn- tion, the ~ommissioner of Crown Zancls may, upon being satibfied that the claim to such transfer has been equitably and justly established, and upon being satisfied that the person so named is a suitable person,	grant a transfer of the agreement, and an order to that effect may	issue to the party so applying in the form contained ill tlle Sixth
Schedule to this Act: Provided no transfer from any such origillal purchaser from the Crown shall be made untilafter such application, and the reasons assigned by the applicant for desiring such transfer shall have been published in thc Government Gazette for at least one calendar month, and the Governor in Council shall have approved of such transfer: Provided that no transfer shall have a i j effect whqever until the transferee shall have endorsed and agreed to become bound by the terms of such agreement.

16. Within seven days from the termination of four years from the At ths enJ of four I ,

date of any agreement under which any pcrson shall have become a g cars purchaser to pay is purchtw-money, ?

purchaser of waste lands under this Act, but not sooner tha~: the ter- if he not forfeited

his agreement by corn- - d a d t

mination of four years from the date of any such agreement, such pur- mittm, fraud, or any

hls aflee* "-6" 4#49 :

chaser shall be entitled to pay, and shall pay to the Treasurer the

whole amount of the purchase-money mentioned in such agreement,	G C.	;t-	h
but shall not be permitted at any time to pay any part or instalment	8	I l

S the1 eof;

' I.. )

3i" VICTORIB, No. 14.

Waste Lands Amendment Act, 1868-9.

thereof; and upon making such payment, he shall be entitled to receivc a grant from the Crown in fee simple, conveying to him the lands held under smh agreement: Provided always, that at the time of making such payment the said agreement shall not have been forfeited or rendered void by reason of any fraud under this Act, or any violation of this Act, or of the regulations made under this Act, or of any of the conditions contained in such agreement.

l

Extenttowbichlandfi 17, NO person shall be entitled to hold upon credit under any

may be held on terms I

of credit.	agreement or agreements, whether he be a purchaser at auction, or
by a~ulication for lands that have been offered at auction and not l
sold,% for lands in any agricultural area, more than six hundred and forty acres of land altogether at any one time, and all lands so held upon credit by any one person shall be in and shall form one block, and no infant or marricd woman, except a marricd woman who has obtained a decree for judicial separation, binding accord- ing to the lams in force in South Australia, shall be entitled to hold either directly or otherwise, any such land upon credit under any such agreement.

w n t t o b u ~ inhis

own nsme for another.

18. No person, being an applicant for the purchase of any lands

on credit, shall become the pnrch*er of the same who is in respect

of such lands or any part thereof an agent, servant, or trustee, of or

for any other person, or who at the time of his application has entered into any agreement to permit any other person to acquire by purchase or otherwise the lands in respect of which such application is made or any part thereof', or the applicant's interest therein: and all the Imd applied for under this A% shall be so applied for bona f i de for the usc and bcncfit of the applicant in his own proper person, and

Nothinaahall prevent not as agent, servant, or trustee for any other person: Provided that

J @ ~ a ~ ~ i i c a n t nothingherein shall prevent any 6ona $de apl&ant from employing

ernplo~ing agent to

buy in ayplic;ant'a	an agent duly authorized to make application in the name and for
name.
Certain contracts to	the declared usc and benefit of such applicant; 2nd 41 contracts,
be void.	agreements, md securities which shall be entered into, made, or given with the intent of violating or evading any of the provisions of this Act. shall be and are hereby declared to be a fraud under this Act, and between all the parties thereto, illegal, and absolutely void at - -
law and in equity.

And suchagreement 19. If any person shall become the purchaser of any lands, in

fraudulent and void. violation of any of the provisions of this Act, under an agreement as hereinbefore provided, the same shall be a fraud under this Act, and such agreement shall be forfeited and void; and if at any time, while an agreement is in force, it shall be shown, to the satisfaction

in i n of the ofe ern or in Council, that any purchaser who occupies any

Qovwrnor may

aueh agreements. lands on agreement has been guilty of fraud under this Act, or has violated any of the conditions of his agreement, the said Governor may revoke' ,such agreement, and resum; the land therein mentioned, and dispose of i t as if such agreement had never been made; and no claim in equity under such agreement shall be pleadable in any Court against such revocation and resumption of such lands, but such pur-

chaser

320 VICTORIE, No. 14.

Waste Lands Amendment Act, 1868-9.

chaser shall be taken to have forfeited all rights, title, and interest

under such agreement, and to be, as against the Governor in Council,

or the Commissioner of Crown Lands, or any person claiming under

the Crown, a mere trespasser; and the produetion of a copy of

the Xouth Australian Government Gazette, containin g a notice

signed by the Commissioner of Crown Lands, of the revocation

or forfeiture of any agreement shall be conclusive evidence tha	@C 3 J-J- -
such agreement has been lawfully revoked or forfeited, as the case m* be: Provided that no such revocation or forfeiture of any such agreement shall be valid unless one month's notice shall have been first served upon such purchaser or published in the Government Gazette, and such purchaser may be heard in his defence befare such tribunal as the Governor in Council may appoint,

20. When any person shall occupy any waste lands of the Crown AY unauthorized

under any agreement which has expired or become forfeited or feited agreement may occupier under a for-

has been revoked under this Act, or in virtue or under color b c f O r ~ i b b ~ S P O R -

eeesed.

of any void or forfeited or revoked agreement, or shall remain in unauthorized occupation of such lands, and refuse or neglect to deliver up possession of the same, any person authorized by the Commissioner of Crown Lands may apply, upon an information to be laid by him in the form set out in the Seventh Schedule to this Act, to any Justice of the Peace for the said Province for a summons in the form set forth in the Eighth Schedule to this Act, calling upon the occupier of such lands to appear, at a time and place to be therein specified, before a Special Magistrate or any two or more Justices of the Peace, who may hear and determine the matter of such information in a summary way, notwithstanding any question of title that may be raised, and upon proof, to the satisfac- tion of said Special Magistrate or Justices who may hear the com- plaint at the time and place so specified, that the lands referred to

in such summons are held under an agreement which has bccome forfeited and void, or has been revoked, and that such lands are in

the unauthorized occupation of the person surnmoncd, a warrant

shall be issued by the said Special Magistrate or Justices, to be in the form or as near as may be in the form contained in the Ninth Schedule to this Act; and every constable or bailiff to whom such warrant is directed may forthwith execute the same according to the tenor and exigency thereof in the same manner as any warrant of possession, or writ of habere facias possessionem may now be executed by virtue of any law existing at the present time in the said Province: Provided always that the jurisdiction of such Spe- cial Magistrate or Justices shall not be taken away or deemed to be ousted by any claim of title, question of property, or suggestion of right, whether made bond_fide or otherwise, which may be raised by the occupant at any such hearing as aforesaid, but all matters relevant to and arising out of the information laid as aforesaid shall be heard and finally determined by such Special Magistrate and Justices.

21, Whenever

32" VICTORILE, No. 14.

Waste Lands Amendment Act, 1868-9.

- --

Forfeited lands may

be resold in manner

21. Whenever any purchaser on credit of lands in any area, or

of any lands which may have been offered at auction and not sold,

to acclared by

~ + o v e r n o r i n C o ~ ~ i l +

or of any lands sold at auction, or held under any agreement, shall

have forfeited his rights to such land, and whenever any person holding any land under an agrcemcnt, as provided in this Act, shall have forfeited his interest therein by the revocation of such agree- ment under any of the provisions of this Act, or under the regula- tions to be made under this Act, or under the conditions of anv such agreement, the Governor in Council may order the sale of such forfeited lands at public auction for ready money or upon credit.

Proceedings to be 22. Every proceeding under this Act for the recovery of the

tnken to be under the

~ustieea isao, possession of any of the waste lands of the Crown, as aforesaid,

where no other method of proceeding is by this Act provided, shall, subject to the provisions of this Act, be had and taken, and all \nformations -and summonses under this Act may be heard and determined in a summary way by a Spccial Nlagis- trate, or two Justices, under the provisions of an Ordinance of the Governor and Legislative Council, No. 6, of LP50, "To facili- tate the performance of the duties of Justices of the Peace out of Sessions, with respect to summary convictions and orders," or of

any Act hereafter to be in forcc relating to the duties of Justices

with 1-espect to summary orders; and all orders under this Act may be enforced as in the said Ordinance, or in any other Act is, or shall be provided; and no order or proceeding of any Special Magistrate, or Justiccs, made under the authority of this Act, shall he appealed ngttinst, or removed by certiorari, or otherwise, into the Supreme Court of the said Yrovince.

Rcgulatione may be	23. Thc manner in which a11 sales of waste lands sktall be conduc- ted and the times when the same shall take place, a d all other inatlers relating to the conduct and managcmcnt of such sales in accordance
made.
with the provisions of this Act, and of every Act in furcc in the said Province relating to sales of waste lands, may be fixed and deier- mined by the Governor with the advice and consent of the Executive
Council; and the Governor, by and with the advice aforesaid, may make and publish such regulations as to him shall seem meet, for carrying out the objects, purposes, and provisions of the said Acts; and may from time to time rescind, alter, and amend the same, and make other regulations in lieu thereof for carrying out more fully such objects, purposes, and provisions; and every regulation, when published in the South Alrstralian Government Gazette, shall have the force of law: Provided that a copy of all regulations, made under the authority of this Act shall be laid before Parliament within four- teen days from the pddication thereof, if the Parliament shall be thcn sitting, and if the Parliament shall not be then sitting, then within fourteen days from its next sitting for the dispatch of business.

Falae deolalation a 24. Solemn declarations, which shall to all intents and for all

miadeameanour.

purpones have the same force and effect as slatutory declarations

have

32" VlCTORIB, No. 14.

Waste Lands Amendment Act, 1868-9.

have by law at the present time, and the declarations in the First

and Fourth Scbedulrs to this Act, may be made and declared under

this Act, before the Commissioner of Crown Lands, the Surveyor- General, or such other person as the Governor in Council may appoint under this Act for that purpose, and if any person wilfully make any false statement in any declaration made in pursuance of this Act, he shall be guilty of a rnisdemeanor, and shall be punish- able as if guilty of wilful and corrupt perjury.

25. The provisions of this Act, in respect to purchase of land upon ~ o c l a m a t i a n o f provisions with re-

credit, shall come into cperation on a day to be fixed by the Governor s p t	to credit.
by Proclamation in the South Austrahaa Government Gazette, such day not being less than fourteen days nor more than forty-two days after this Act shall have bcen assented tc! by the Governor on behalf of Her Majesty.
O* Act-

26. This Act shall be cited as cc The Waste Lands Amendment Act,

1868-9,'' and except so far as the same shall be inconsistent there-

with, shall be read together with, and as part of the " Waste Lands

Act."

In the name and on behalf of the Queen I hereby assent to

this Act.

F. G. HAMLEY, Governor,

SCHEDULES

3Z0 VICTORIX, No, 14, . --p

Waste Lands Amendment Act, 1868.9.

SCHEDULES REFERRED TO.

FIRST SCHEDULE.

Application to Purchase on &edit.

I, the undersigned, being the highest bidder at auction for the followilig lands,

(or applicant for the following lands that have been offered at auction and not sold),

aatnely :-

in the Hundred of and the County of

hereby apply to become the purchaser of such lands under the provision8 of The Waste Lands Amendment Act, 1868-9," upon a four years' credit for the payment of the purchase money or sum of pounds shillings offered and bid by me this day, and I herewith tender and pay the sum of

as and for four years' interest in advance upon such purchase money, and undertake to sign within forty-eight hours an agreement in writing in the terms and in the form provided by the said Act, And I do hereby solemnly and sincerely declare that I am not at the p re~en t time a purchaser of Crown lands upon credit to such an extent as will render my present application illegal under the said Act, by making the total amaunt of acres purchased by me from the Crown, upon credit, excecd thc quantity

is a female) that I am no". married woman, or that I am a married woman and	of 640 acree, and that I am above the age of twenty-one years, [and (if the applicant
have obtained a judicial separation], and that 1 apply for such land on my own behalf and for my own use, and not as an agent or trustee for any other person whatsoever.

Dated this day of , 186 .

(Signature.)

f Occupation.)

f Address,)

Declared and rigned before me,

SECOND SCHEDULE.

Form of Receipt for Payment of Interest in advance upon Purchase Money.

Received thie day from the sum of pounds, being four years'

interest in advance upon the purchase money offered or bid by him for

acres of land situate in

in the Hundred of and the County of

for the purchase whereof an agreement is to be entered into within forty-eight hours from the time when this receipt is given, in accordance with the clause

of	The Waste Lands Amendment Act, 1868-9."
Dated this day of , l 8 .
(Signatwe of Commissioner of Gown Zands or @er appointed by Rim.)

THIRD

- 32O VICTORIB, No, 14.

Wh.ste Lands Amendment Act, 1868-9.

THIRD SCHEDULE,

The following shall be agricultural areas under this Act :-

Area No. l,-Nount Muirhead.

Commencing at the south-western corner of the Hundred of Hindmarsh; thence north, by the western boundary of the said Hundred and its production for a distance of eight miles; thence, true west, for a distance of about ten miles; thence, true south, for a distance of about two miles; thence, in a south-easterly direction, by

a straight line to the south-western corner of the Hundred of Hindmarsh, the point

of commencement.

Area No. 2.-ATawncoorte.

Commencing at the interscction of the main line of road from Narracoorte to

Penola, with the south boundary of the Hundred of Narracoorte; thence

W&, by the south boundary of the said Hundred, to the south-east corner of

Section 455 ; thence in a north-easterly, north-msterly, and northerly direction, by the eastern boundaries of Sections 455,462,4'70,4'71, 480, and north-eastern boundaries of Sections 480, 149, 148, 147, 145, 144, and by the eastern boundary of Garep's Swamp, to its intersection with the north boundary of the Hundred of Narracoorte; thence in a north-westerly direction, at a tangent to the south-western boundary of Clay Lake, to a point on the north boundary of Hundred No. 32, about three miles west of its nowth-east corner; thence east, by the north boundaries of Hundreds NO$. 32 and 31, to a point about one mile east of the north-west corner of the latter Hundred; thence ia a south-easterly direction, to the south-castern corner of Section 90; thence at the same bearing in a direct line with the eastern extremity of the tolvnship of Narracoorte, for a distance a f about six and tbree-quarter miles; thence true east, to a point north of the north-east corner of Section 8; thence south, t o north-ca~t corner of said Section; thence south, to the south-east corner of Section 369 ; thence southerly, to the eastern corner of Section 375 ; thence south-westerly, by the southern boundaries of Sections 375, 374, 379, 378, and the production of the south boundary of the latter Section, to the main line of road from Narracoorte to Penola; thencc south-easterly, by the said road, to the southern boundary of the Hundred of Narracoorte, the point of commencement.

Area No. 3.-Gztlnare.

Commencing at the south-eastern corner of Hundred No. 6, in the County of Victoria; and running thence north, by the eastern boundary of the said Hundred, for about three and three-quarter miles; thence west, to Mount Misery; thence, in a northerly direction, to the south-eastern corner of Section 72, in Hundred No. 5; thence, true north, to a point true east of Yangya Hill; thence, true wkst, passing over said Hill, to the western boundary of the said Hundred; thence,

goutherly, by the western boundariee of Hundreds Nos. 5 and 6, to the south-western

dred, to its south-east corner, the point of commencement. corner of the latter Hundred; thence east, by the south boundary of the said Hun- Area No. 4.-Broughton.

Commencing at the point of intersection of Runs Nos. 58, 131, and 395, and running thence true west for about ten and a half miles; thence true north, to its intersection with the north boundary of the County of Stanley; thence east, by the said county boundary, for about eix and a quarter miles; thence in a south- easterly direction, to the point of commencement.

Area No. 5.-Troubridge.

Commencing at a point on the eastern boundary of Hundred No. 1, Yorke'a Penineula, eight miles north of its south-eastern corner; thence true east, to the sea coast; thence southerly, crouth-westerly, and westerly, by the sea coast, to the south-east corner of Hundred No. 1; thence north, by the eastern boundary of said Hundred, to the point of commencement.

Area No, 6.- Warrow.

Bounded on the east by a line (one mile true east of W a r n Head Station), running true south, from the north boundary of Hundred No. 37, for a distance of about six and a half miles; thence true west, for a distance of about two and three quarter miles; thence true north, to the ,southern shore of Lake Greenly; thence easterly and northerly, by the aouth-eastern shore of said lake, to its inter-

section

32" VICTORIB, No. 14.

Waste Lands Amendment Act, 1868-9,

-p

section with the north boundary of Hundred No. 37; thence east4 -)y the north

boundary of said Hundred, to the point of commencement,

FOURTH SCHEDULE.

Application for $election in Agricultural Area.

I, the undersigned, do hereby apply to become the selector of Section in

the agricultural area cf , or of the lands situate in

and to become the purchaser thereof under the provisions of " The Waste Lands Amendment Act, 1868-9," at the price or sum named in the public notice respecting ruch lands, dated the day of, for the price or sum of

upon a term of four years' credit for the payment of such purchase money, and I herewith tender and pay the sum of as and for four years' interest in advance upon such purchase money, and undertake to sign within forty-eight hours an agreement in writing in the terms and in the form provided by the said Act. And I do solemnly and sincerely declare that I am not at the present time a purchaser of Crown lands upon credit to such an extent as will render my present application illegal under the said Act, by making the total amount of acres purchased by me from the Crown upon credit exceed the quantity of 640 acres, and that I am above the age of twenty-one years, [and /f the applicant is a female) that I am not a married woman, or that I am a married woman and have obtained a judicial separation], and that I apply for such land on my own behalf and for my

own use and benefit, and not as an agent or trustee for any other person whatsoever.

Dated this dsy of , 18.

f Signature.]

f Occupation.	j
/Address.)

Declared and signed before me,

g{ I FIFTH SCHEDULE.

Form of Agreement of Sale and Purchase on Ged i t.

,l

No.

1

MEVOBANDUM

of agreement made the day of , between

& c.	l +
6:

, acting on behalf of His Excellency the Governor-in-Chief of the Province

[P=7

of South Australia, hereinafter called the vendor of the one part, and

&&-

hereinafter called the purchaser of the other part, i t is hereby agreed

5."3'

of

between the parties hereto, that the vendor shall sell, and the purchaser shall

purchase, all that piece of land, being in fee simple at the price

of f: , to be paid on the day of , upon the following terms

and condition8 :-

l. The purchaser ehall not pay any interest upon the amount of such purchase

money beyond the amount already paid by him h advance.

: 1 2. The purchaser shall pay on the said day of , or within seven

days thereafter, the said purchase money in full, and shall then receive a land grant

conveying the above-described lands to him in fee simple.

3, The purchaser shall take possession of the said land within six months from

u c 7 & 7 d - /, S. 3 . the date hereof, and shall continue to occu the same during the term of thie

agreement, and after the first twelve mont s shall continue to reside on the same. +

4. The purchaser shall make substantial and permanent improvements upon the said land during the said term to the satisfaction of the Governor in Council and to

the extent of-

During the first year, Five Shillings per acre.

,T-J	J	p,	During the second gear, Two Shillings and Sixpence per acre.
" 4$+7',,	S 2,
During the third year, Two Shillings and Sixpence per acre.
During the fourth year, Two Shillings and Sixpence per acre.

6, The

32" VICTORIB, No. 14.

Waste Lands Amendment Act, 1868-9.

5. The purchaser's improvements in the last preceding condition referred to may consist of a dwelling-house, farm buildings, vells or reservoirs of water, and fences, and no other kind of erection or outlay upon the land shall come within the meaning of the last preceding condition.

6. Any person authorized by the said vendor may, a t all reasonable times, enter upon the said lands to view the said lands and any improvements thereon.

7, The purchaser shall not, a t any time during the term of four yeare, assign, transfer, or make over, or attempt SO to do, the said lands or his rights under this agreement, nor shall he grant any lease or other tenancy of or over the said land.

8. Upon any breach of the foregoing conditions, the purchaser shall forfeit all benefit under this agreement, and shall deliver up to the said vendor, or whomsoever he may appoint, the said lands with all improvements thcreon. And this agreement shall become void, and the purchaser may be dealt with under " The Waste Lands Amendment Act, 1868-9," as il person in unaufJlorized occupation of such landv so long as he continues to occupy the same.

In witness, &c.

(Signatures)	, Vendor.
, Purchaser.

SIXTH SCHEDULE.

Transfer of Agreement.

I t having been satisfactorily shown to me that , the original purchaser

of Sections , under an agreement dated the day of g

18 , has died [or become insolvent], and that are the legal claimants to his interest in such agreement, as his executors [or representatives, or devisees, or assignees, or trustees in insolvency, as tlbe case may b e ], and the said legal claimante having named, as a suitable person to become a trans- feree of the said agreement, I hereby authorize and grant a transfcr of the said agree- ment to the said, and make over to him [ 1 all rights and benefits thereunder, on condition that he [ and adopt the conditions thereof, and become bound thercby, a8 aforesaid, as far as

7 indorse the said agreement,

may be, and as fully as the said	was bound previous to his death [or
insolvency.]

Dated this day of , 18 .

(Signatures).

SEVENTH SCHEDULE.

Form of information, and complaint against unauthorized occupation of Waste Xands

o f the Crown.

South Australia The information and complaint of A. B,,

to wit.

on behalf of the Commissioner of Crown Lands, taken this day of

in the year of our Lord, 18 , before the undersigned, one of

Her Majesty's Justices of the Peace, in and for the Province of South Australia, who eaith that C. D., of is thc unauthorized occupant of certain

Waste Lands of the Crown, situate a t held by him under an

agreement bearing date the day of 18 , which raid agreement has been forfeited by the said C. D., under the provisions of the

" Waste Lands Amendment Act, 1868-9."

Sworn before me the day and year first above-mentioned, a t

J* S.

EIGHTH SCHEDULE.

Form of Swmmons to Dispossess unauthorized Occupant.

lSouth Australia,

to wit. l

I n the matter of The Waste Landa Amendment Act, 1868-9," and between

the Commissioner of Crown Lands, complainant, and

occupant.

You are hereby summoned to appear to the complaint of the Commiesioner of Crown Lands on the day of , before us on the day of at

32" VICTORIB, No. 14.

Waste Lands Amendment Act, 1868-9,

o'clock in the forenoon, to answer the complaint that ~ o u are

9 at

in the unauthorized and illegal occupation of certain waste lands of the Crown,

to wit-

and that you neglect and refuse to deliver up posseasion of the same.

Dated the i 8

[N.B.-See notice on back.]

In case you fail to attend this summons, upon proof of reasonable notice to you of

the aame, the complaint will be heard in your absence, and such order made, an to

the said Justices ehall seem fit.

NINTH SCHEDULE.

[Form of Warrant to dispossess unauthorized occupant.]

South Australia,

to wit. 1

In the matter of the ' c Waste Lands Amendment Act, 1868-9," and between

the Commissioner of Crown Lands, complainant, and A. B. cccupant.

To , the Bailiff of

and all constables and peace officere. Whereas i t has been made to appear to us, and we have adjudged that the eaid A. B. is in the unauthorized and illegal occupation of (here state description o f lands)

These are, therefore, to require you, the said and. others, to deliver

peaceable and quiet possession of the said land and premises to the said complainant, and eject the said A. B., and all other persons, therefrom, and for which this shall

be a sufficient warrant.

(Signed by a Special Magistrate, or two Justices) this day of

...-- By authority: W. C', Cox, Government Printer, North-terrace, Adelaide.