Waste Lands Act 1869 (SA)
ANNO TRICESIMO TERTIO
VICTORIE | REGINB. |
A.D. 1869-70.
No. 17.
Prouhce of South kustralia,and.fo,* other purposes. lAssentec1 to, 23rd February,
1870.1 HEREAS it is expedient to amend the laws relating to the
prramble,
Leasing, for pastoral purposes, of' crrtnin of the Waste Lands |
of the Crown, in the Province of south-alia; | and i t is also |
expedient to make further provision for enf'nrcing the pavment of | 'd |
rents and assessments due, or to accrue doe, under a y leases of the Waste Lands of the Crown, or belonging to, or vest6d in, the Go- vernment of the said Province, whether demised for pastoral, mineral, or other purposes, and also for enforcing the due observance of the covenants contained in any such leases-Be it therefore Enacted by the Governor of the province of South Australia, with the advice | |
and consent of the Legislative Council and House of Assembly of the | |
said Province, in this present Parliament assembled, as follows: |
and Procedure |
2. This Act shall be divided into pwts as follows:-
I. | Renewal | of leases for pastoral purposes of certain waste | - |
lands of the Crown.
and observance of covenants contained
in,leases for pas-toral or other purposes.
Part L-Renewal | of leases for pastoral purposes of certain waste |
lands of the Crown. | .-..---c--- |
33" VICTORIB,No. 1'7,
6 |
" Lessee" shall mean as wcll the lessce for pastoral purposes of
waste lands, and the assignee or personal representative of such
as also the person who at | the -- | time | W --- - - | hereof is |
'G | beneficially entitled to any such lease. |
* \ ? &" | \ |
Valuation of leases to
4. On the passing of this Act, the Commissioner |
6. Any lessee of waste lands that have been valued as aforesaid may, within | ||||
| ||||
shall constitute the " Valuation 'l'ribunal." | ||||
8. On rcceipt of any appeal, the Coinmissioncr of Crown Lands |
and Immigration shall causc the Valuation Tribunal to be sum- | |
summoned. | moned at some convenient time and place in Adelaide, there to take such evidence as may be produced and hear the appeal. |
9. The said tribunal shall, after hearing such evidence, | |
of this |
33" VICTORIE, No. 17.
TVaste Lands Ante?zchze?zt and ProcedureAct.1869-70.
10. The said Tribunal may, on the hearing of the appeal, award
may be recovered by the said commissioner by his title of office in | any reasonable expenses against the appellant, and such expenses | |||
any Court of compctcnt jurisdiction from such appellant, on produc- tion of the certificate in writing of the said tribunal, or any two members thereof, as and for liquidated damages. | ||||
|
appeal, without reasonable excuse, to the satisfaction of the said tribunal, such person shall forfeit all right of appeal, together with the sum deposited in the hands of the said Commissioner.
such tribunal, and the amount thereof shall form a portion of the costs of such appeal. |
14. The Commissioner of Crown Lands may, by writing under his |
hand, appoint some person to appear bcforc the said tribunal, to | ||
support the valuation appealed against. | ||
15. The said Commissioner shall, on request of any appellant, or of any person appointed to support the appeal as aforesaid, issue a | ||
surrinlons to any person in the form set forth in the Eighth Schedule | ||
to this Act, to appcar and give evidence before the said tribunal; and on the service of such summons, such person shall appear before | ||
such tribunal and then and there give evidence on oath, and shall | ||
thereupon be entitled to receive such reasonable expenses incurred by him, as the said tribunal may award, such expenses to be added to the costs of the appeal. | 16. Thc said Tribunal shall have all the powers and authorities vested in Local Courts for compelling the attendance of witnesses, enforcing any order made by such Tribunal, and compelling wit- nesses to answer on oath; and any wilful false statement, made on oath before such Tribunal, shall be deemed and punished as perjury. |
-.. -- - ~ - - |
- |
desirous of surrendering their | resent leases, ana obtaining | leases ,,,, |
--_ | by | - _ the said va uation, and upon | E-___T | the terms |
&d conditions hereinafter mentioned, shall, within | yfc | ' IZ |
" S /
from the first publication thereof in thc |
to the Commissioner of Crown Lands a notice of such their desire, c;. ,, | '> |
in the form or to the effect following, that is to say :- | * | ,,,,* | ,..- | ; | p, |
4
To the Commissioner of Crown Lands and Immigration, | l Y 4 |
'.
- +
of
33" VICTORLB, No.17.
Waste Lands Amendment and Procedure Act.-1869-70. 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 desire to surrender such lease lor lcases], and to obtain a fresh lease[or kasesl under The Waste
"G |
day of | 18. |
Dated this | day of | 18 | , |
And at the expiration of one calendar month from the receipt of such notice by the Commissioner of Crown Lands, the lease or leases speci- fied in any such notice, and the term by such lease or leases mentioned shall cease and determine.
18. Upon the receipt of such noticc within the period aforesaid, |
it shall be lawful for the Governor to demise to the said lessee
the waste lands included in the lease or leases mentioned in the notice, if snch lease is included in the First Schedule, for a term of ten years, and the unexpired term of the old lease as specified in such Schedule; and if such lease is included in the Second Schedule, for a tcrm of fourteen years, and half the unexpired term of the old lease as specified in such Schedule, the whole of such new leases to be dated from the first day of July, one thousand eight hundred and seventy, and to be granted at the rent mentioned in such valuation, and under such covenants and upon such con- ditions and clauses of forfeiture and of rcsilmption and other necessary matters as may be prescribed by any regulations to be made under the provisions bf this part of the Act under thc power in that behalf hereinafter contained, and especial11 all such lcases shall contain a covenant by the lessee, his executors, administrators, and assignees, to keep in good repair all buildings and improvements then erected
on such lands, or thereafter to be erected, and also to insure and
keep insured all such buildings as are constructed of stone or brick,, roofed with slate, iron, shingle, or paling, and of a value of not lcss | than One Hundred Pounds, against loss or damage by fire, such in- | surance to be effected for the full value of such buildings, and to be |
in the joint namesof such lessee and the Commissioner of Crown Lands: Provided that, in respect to the leases set forth in the First Schedule hereto, therents at present payable shall continuc to be the rent payable until the first day of July, one thousand eight hundred and seventy. |
l
19. Notwithstanding anything herein contained, no lessee of |
granted, if lessee in waste lands shall be entitled to claim a new lease under the provisions
.i |
of this Act, unlcss he shall, within |
*t
An |
20. Nothing contained in an Act | 20 of 1858, intituled |
! | |||
i. | |||
tioned," shall be held or construed to confer upon or entitle the person beneficially interested in any lease as therein mentioned to | |
V a s t e Lands Ame?zdrnent and Procedure Act.1869-70.
in the leases specified in the said First Schedule hereto, shdl
ifle.aoeain First
neglect to forward the notice sign<fyin& their desire to avail |
themselves of the benefit of this Act, as 1s hereinbefore ~rovided, | the Commissioner of Crown Lands shall cause a lease or leases | * |
of such lands to be offered for sale at public auction, at the upset price mentioned in the said valuation, as hereinbefore pro- vided, such auction to be held from time to time, and at such times and places as to the said Commissioncr may seem most advisable; and the person to whom such lcasc shall bc granted, shall be | ||
thc person who at such auction shall offer the highest sum, at | ||
per square mile, for the yearly rent of the lands to be included in such lease: Provided that if there shall be no bid at the price fixed by the said valuation, the said lease may be again offered for sale at public auction at such interval as may be prescribed by the regulations to be made as hereinafter mentioned, |
of such waste lands at the rent bid by him thereat, such lease to |
comnlence from the date of the expiration of the present lease of such lands, and to be for a term of ten years; and all such leases shall be undcr the provisions of this Act, and contain the like covenants, conditions, and clauses as arc hercinbcfore mentioned in reference to leases to be granted to lessees upon their giving notice as hereinbefore provided.
the leases specified in the Second Schedule hereto, shall neglect to |
forward the notice signifying their desirc to avail themselves of the
*et, leases tobe benefit of this Act, as is hcreinbcforc provided, the Commissioncr
offered at auction. of Crown Lands may cause a lease or leases of such lands to be offered for sale at public auction, at the q s e t price rnerrtioned in the said valuation, as hereinbefore provided, such auction to be held from time to time, and at such times and places as to the said Commis- sioner may seem most advisable; and the person to whom such lease shall be granted shall be the person who at such auction shall offer the highest sum, at per squarc mile, for the ycarly rent of the lands to be included in such lease; Provided that if thcrc shall be no bid at the price fixed by the said valuation, the said lease may be again ofl'ered for sale at public auction at such interval as may be pre- scribed by the regulations to be made as hereinafter mentioned,
a reduction of ten per centum being made on the upset price, as fixed
I | by the said valuation, and if no bid is made at such reduced price, |
1 | the same shall be offered again and again, at such intervals as may |
i | be |
33' VICTORIB, No.17.
Waste Lands Amendment and Procedure Act.-1869-70.
be fixed as aforesaid, a like reduction being made in the upset price on each occasion on which the same is offered. until such lease is sold: Prorided always, that no such lease shah be offered or sold at a less annual rent than Ten Shillings per square mile per annum. |
24. The purchaser at any auction | of the lands comprised in the | |
Second Schedulc hereto, shall be entitled to a lease of them at the rent bid by him thereat, such lease to commence from the date of the expiration of the present lease of such lands, and to be for a term of'fourteen years; and all such leases sEid be under the provisions of this Act, and contain the like covenants, conditions, and clauses as are hercinbefore mentioned in reference to leases to be granted to lessees upon their giving notice, as hereinbefore provided.-
the same manner as if this Act had not been passed. | |
K
. | .. |
~ u n d a s, | the person beneficia ly interested in such lease shall be | -4 |
;/p | out of the General Ilevenue for any wells, dams, and reservoirs which may have been made during the term of such lease, and which may be of a permanent character, and increase the carrying capabilities |
r" | f the lands comprised in such lease, and the value of such improye- | shall be decicled in the same manner as the value of improve- |
on the resumption of pastorai lands is decided, and t4e r s - having reference to payments fbr improvements on on resumption thereof, shall apply to payments for |
under | Act: Provided that such person shall not |
to demand or receive any compensation in respect of any
so long as such person or any person claiming
a lessee of such land.
Lcaws | 28. Leases of wjpslands within Hcndreds shall be dealt with in | -U | II_ | |
the same manner in all respects as herejnbefore prescribed m reference | |
to o k r leases, except that the only, but7any h c h lease may be renewed from year to year, | |
the period of seven years, at the same rent, and subject to the same | |
covenants and conditions as contained in the first lease: Provided |
380 VICTORIB, No. 17.
Waste Lands Amendment and Procedure Act.-1 869-70.mona.ge of purchasers of land within such Hundred as the same-now
exist, or as may from time to time be duly declared.
Governor, accept from the lessees, under the annual leases specified in the 'l'hird Schedule hereto, such a portion of the rent now due, in respect of such lcascs as the said Governor, with the advice afore- said, may deem expedient; and payment by such lessees of such portion of the rent so due, within the time so to be limited as afore- said, shall exonerate and discharge such lessees from a11 liability in respect of the rent due in respect of such leases. | ||||
30. The Governor may, by Prcclamation in the Government Gazette, declare that any of the Hundreds mentioned in the Fourth | ||||
Schedule hcrcto shall ccasc to bc Hundreds, and thereupon the waste lands con~prised therein may be dealt with in all respects in like manner as other waste lands not within Hundreds. | ||||
tituled " An Act to amend the Laws relating to the Leasing for Tas- | ||||
toral Purposes of certain Waste Lands of' the Crown, in the Province | ||||
of South Australia," and thc Governor may issue such leases as m a p |
be necessarv in consequence of such substitution to such lessees a< |
" %:-- |
may apply ibr the same, in the manner provided by clause |
inserted in the said Act KO. |
by any lessee of Waste Lands of the Crown. under this Act, and not |
- | - |
being within any Hundred, shall be added to the upset price of the | ": |
land when sold | 9 if'.resumed | -. | - | V--- | - | and sold during the currency of the lease, |
and coinpe~sation | to thccxtcntof suchvalue shall be made to the lessee. |
in the Fifth Schedule to this Act, who shall fence in, or enclose with |
s good and substantial wall, or post and wire fence, any portion of such lands of which he shall for the time being be lessee, in any block or blocks of not less than twenty-five square miles each, may,
u p ~ n the completion of such fence or wall, give notice thereof, andof the cost thereof, to (he Commimioner of Crown Lands for the time being, accompanied by a statutory declaration, setting forth the com- pletion of such fence or wall, and specifying the cost, and precise locality thereof; and thereupon such lessee shall, for the period of five years ensuing the delivery of such notice and statutory declara- tion, be entitled to deduct and retain from the annual rent of such lands so fenced in or enclosed as aforesaid, all amounts of rent or assessment chargeable on such lands so fenced i-, or enclosed, in
excess
164 33" VICTORIA3, No. 17.
excess of the minimum rent |
that, if the Comm~swoner of Crown Lands for the timc Ging' shall, on the receipt of such notice and statutory declaration as aforesaid, give notice to such lessee that he requires further evidence of the fact of such fencing in or enclosure, or of the nature and cost of such fencing in or enclosure, and the locality tliertof, such reba+e as aforesaid shall not commence until the Commissioner of Crown Lands for the time being is satisfied, by such further evidence as he
may require, of the matters aforesaick Provided also that the said fence or wall be kept in good repair by the lessee, and on the expiryof the lease, be given up to the Government in a serviceable and
tenantable condition.
-- |
purposes, and for regulating t1Fforms of such Gases; for imposing penalties for the non-payment of rent, and generally for giving effect to the provisions of this part of the Act; and all such regulations, when published in the
G'overnntent Gazette, shall have th; force oflaw: Provided that a copy of 911 such regulations shall be laid before Parliament within fourteen days from the publication thereof, if Pal; liament shall be then sitting; and if Parliament shall not be then sitting, within fourteen days from its next sitting for the dispatch of business.
PART | 11.-Procedure for enforcing payment of rents reserved by, | |
and observance of covenants contained in leases for pastoral or other purposes: |
- |
W | . " Waste Lands " shall be held to comprise | |
| ||
in Her Majesty, Her heirs and successors, or in the Government of | ||
the said Province. |
Commisaimer may
in arrear in payment of any rent or rent and asscssnlent due under any lease of any waste lands, a writ may be issued out of the Supreme Court, at the suit of the Commissioner of Crown Lands for the time being, by his title of office, against such lessee or person, for the recovery of such rent or rent a n d assessment, which writ shall be in the form in the Sixth Schedule hereto or to the like effect.
Cornmidoner may
out of the Supreme Court, at the suit of the Commissioner of Crown | |
Lands for the time being, by his title of office, against such person, for | |
Waste Lands Amendment and Procedure Act.-1869-70.
for the pur ose of recovering the possession of such waste lands, |
- | .. |
which writ S | 1 |
to the like effect. | '4 |
38. The defendant named in anywrit issued under the two lastDefendant not to preceding Sections shall not be allowed to appear thereto without
: fy$zhtl* .n the leave of a Judge of the said Court, to be obtained as hereinafter
mentioned.
I
39. Any such defendant wishing to appear shall apply to a JudgeApplication to be a, by summons for leave to do so, and such summons shall set forth
BUmmona. the grounds upon which the defendant claims to be allowed to appear,
and shall be supported by the affidavit of the defendant or some
person cognizant of the facts of the case, and a copy of such
affidavit shall be furnished to the solicitor for the said Commissioner
at the time of the service of the summons.
40. Upon the hearing of such summons, if the affidavit discloses
Order mD be mad#
facts which give the defendant a legal or equitable defence, the | |
Judge may make an order giving the defendant lenve to appear and | |
defend the action upon grounds to be specifically stated in such order; and the Judge may also impose such terms as to payment of money into Court, or as to security for costs or otherwise, as to such Judge | |
41. On the trial of any such action, the defendant shall not be
No grounds of defenae
allowed to set up any ground of defence not stated in the order | |
giving him leave to appear. |
mentioned, otherwise provided, the proceedings in any action to be ~~mlnenced under the preceding provisions, both before and after judgment, shall be conducted in like manner as is now or may here- | after be prescribed by the practice of the said Court for the conduct | of the proceedings in personal actions and actions of ejectment re |
spectively. |
43. The party obtaining judgment in any such action shall beParty &t&ing juas-
&,itled to full cost of | suit as between party and pax ty, which may |
be enforced or recovered in the like manner as in ordinary actions in
the said Court.
~~t |
z e m d i e ~ feet the right of the said Commissioner, or the Government of the said a t any time be in arrear, or to take any other proceeding for enforcing the payment of such rent, or rent and assessment, or far the recovery of the possession of any Waste Lands; and it shall be lawful for the commissioner of Crown Lands for the time being to &&,rain for any rent, or rent and assessment, which may at any time
be in arrear, the distress warrant being signed by the said Commis-
Waste | 869-70. |
sioner with his own name; and no such distress warrant shall be impeached or held bad in any Court by reason only of any defectin matter of form.
such rules and regulations shall be laid before Parliament, within fourteen days from the publication thereof, if Parliament shall then be sitting, and if Parliament shall not be then sitting, within fonr- teen days from its next sitting for the dispatch of business. | |
46, Until such rules and regulations shall be made as aforesaid, or if any case shall arise which shall not be provided for by such rules and regulations, or by this Act, any Judge may, from time to time, npon an | |
In the name and on behalf of the Queen I hereby assent to
this
Act, JAMES FERGUSSON, Governor.
Waste Lands Amendment and Procedure Act,-1869-70.
- | THE FIRST SCHEDULE. | ||
|
--
S S. d.
16 | rpgnet River, Kangaroo Island | .... | 17 |
18 | ..... | ,030 | |
Iyster Rag, Torke's Peninsula | .... | ||
34 | ?enton Vale, Yorke's Peninsula. | ... | 232 4 6 |
3 7 | 3utalo0, Crystal Brook | .......... | 399 0 0 |
38 | In the Rocky River.. ............ | ,834 0 |
4 | louth-east of hloant liemarkable. . | 756 0 0 |
49 | south-east | . | 867 15 |
3ruughton and Kockg | ...... | 168 |
6 0 | :oorong. ....................... | 15 0 |
6 1 | 3ast of' Mount Lock Range. | ....... | ,078 |
62 | r'orlre Valley, Yorhe '~ | Pellinsula. | . |
63 | 7orney Point, Yorke's Peninsula | ,. | 36 12 |
64 | North | .............. | 187 10 |
6 5 | Maria Creek, South-East. ......... | 18 15 |
67 | Kangaroo Island ................ | 8 10 |
7 1 | 3yster Bay, Yorke's Peninsula | ., .. | 160 13 4 |
80 | Pekina | ........................ | ,435 0 0 |
107 | Browne's Hill .................. | 140 0 0 ,644 |
.OS | ||
Bundaleer ...................... | ,323 | |
124 | Hummocks .................... | 209 6 |
129 | south of Erowne's Hill, Canowie. , | ,100 |
148 | Satiara ..................,,,,,. | 966 |
149 | I'atiara ............,........... | |
150 | ratiara .................,...... | 412 12 0 |
151 | Nalang, Tatiara ................ | 863 0 0 |
152 | Naiang East, Tatiara | ............ | ,135 8 0 |
L53 | Swede's Flat, South-Eastern District | 105 8 0 |
l56 | Padthaway, South-Eastern District.. | 301 12 0 |
l57 | Padthaway, South-Eastern District., | 885 0 0 |
158 | Lake Roy, South-Sastern District. | , | 119 6 10 |
159 | Morambro, South-Eastern District.. | 152 11 7 |
1596 | Tatiara ........................ | 110 15 3 |
l 6 0 | Conkar, Tatiara | ................ | 512 10 |
161 | Cadnite, South-Enetern District | .... |
Binnum Binnum, South-Eastern |
District ..,.....,,.......... | 15 10 |
164 | Tatiara ........................ |
168 | Moy Hall, South-Eastern District. | , | ||||
l 7 1 | Killanoola, South-Eastern District., |
| ||||
174 | West of Hundred of Killanoola.. , | , |
|
175 | West of Hundred of ICillanoola. | ... | 16 | 0 | C |
183 | West of Hundred of Grey.. | ...... | 217 | C |
194 | Mayura, South-Eastern District | .... | 38 19 |
195 | Near Rivoli Bay | ................ | 21 18 |
196 | Mount Benson, South-Eastern Distric | 268 | 12 | C |
197 | Woolmit, South-Eastern District, | 274 | 16 | C |
198 | Murrabina, Lacepede Ray ....... | 130 12 ( | |||
199 | Tilley's |
| |||
Avenue Range, South-Eastern Distric |
| ||||
201 | Callendale, South-Eastern District. |
| |||
|
Cairn | ....... | ||
- |
P PP |
Waste Lands Amendment and Procedure Act.-1869-70, THE
SECOND SCHEDULE.-
-
files.
406 | East of Robe Town. | , | . | ,. | , | Dec. 31,1869 |
(L
410 | Port Davenport .......... | 14 | |||
412 | Cape Spencer ............ | 39 | |||
423 | Corney Point ............ | 34 | |||
450 | East of Guichen Bay.. .... | 18 |
461 | East of Guichen Bay. ..... | 12 | June 30,1870 | |
479 | Lake Frome ............ | 8 | ||
484 | East of Guichen Bay. ..... | 25 |
493 | Korth of Tilley's ........ | 27 | Dec. 31, 1870 |
5 39 | Clay Lakes,east of Laccpede | 15 |
Bay | ................ 1 |
542 | Hog Bay, Kangaroo Island. | 9 | June 30,1871 |
561 | Kangaroo Island. ......... | 10 | Dec. 31, 1871 |
5 74 | North of Monster Mount. . | 10 | Mar. 31,1811 |
578 | East of | Guichen B a y. , .... | 17 | Sept. 30,1871 |
589 | Kangaroo Island. ......... | 10 | ||
660 | Kangaroo Island.. ........ | 10 |
661 | Kangaroo Island. ......... | 10 | Mar. 31,1872 |
'119 | South-Eastern District | .... | June 30,1873 |
l 6
720 | South-Eastern District .... |
737 | Kangaroo Island. | ......... | Sept. 30,1871 | |
771 | Kangaroo Island. | ......... | 11 | Dec. 31, 1873 |
772 | Kangaroo Idand.. | ........ | 10 | Sept, 30,1874 |
778 | North of Tilley's, | 2 9 | Dec. 31, 18'15 |
Eastern District south- 1 | ...... |
805 | Kangaroo Island.. | ........ | 2 2 | Dec. 31, 1873 |
811 | Kangaroo Island.. ........ | 10 | Mar. 31, 1874 |
824 | 'l'atiara ................ | 6 | June 30,1874 |
6 c
645 | Xear Maria Creek | ........ | 7 |
860 | Kangaroo Island.. ........ | 10 | Mar. 31, 1875 |
868 | South of Hundred of Tipara | 7 | Dec. 31, 1874 |
Tatiara.. .............,.. | 14 | June 30,1874 |
874 | Tatiara. ................. | 7 | Sept. 30,1874 |
9 | l\llosqu;to Plains | .......... | 18 | June 30, 1874 |
Lb
9 15 | Mosquito Plains | .......... | 13 |
959 | Kangaroo Island.. | ........ | 14 | Dec. 31, 1873 |
962 | South-Eastern District | .... | 22 | Dec. 31, | ||
9 63 | Near Tilley's Swamp.. | .... | 15 |
|
Near Tdley's | ..... | 4 3 |
965 | Wauraltee Island ........ | 8 | |||
981 | West of Killanoola. ....... |
|
986 | Near Mosquito Plains | .... | 10 |
989 | South by east of Tilley's, | . | 12 |
991 | Tatiara. ................ | 9 | ||
1004 | South-Eastern District .... |
|
LL
1006 | North-east of Guichen Bay | 3 |
l007 | West of Monbulla | ........ | 4 | Mar. 31, 1875 |
1013 | Yorke's Peninsula ........ | 13 | |
1014 | Coorong ....,........... | 10 | |
1015 | Coorong ..........,...,. | 8 | |
1041 | South of Hundred of Bonney | 3 |
1042 | Yorke's Peninsula | ........ | 23 | Sept. 30,1875 |
l063 | South of Hundred of Tipara | 10 | Dec. 31, 1875 | ||
Kangaroo Island.. ........ | 1 |
1072 | Lake Hawden.. | .......... | 4 | |
- |
. - |
Waste Lands Amendment and Procedure Act.-1 869-70.THE SECOND SCHEDULE
(continued).
7
- |
North-east of PointVictoria, | rune 30,1876 |
Yorke's Peninsula | ...... |
1084 | East of Point Victoria, |
Yorke's Peninsula | ...... | 1 |
1085 | Yorke's Peninsula | ........ | 18 |
1095 | Coorong ............... | 4 |
l107 | South of Robe Town | ...... | 2 |
1108 | East of Cygnet, Kangaroo | |
Island ................ |
1118 | Near Corney Point, Yorke's | Mar. 31,2877 |
Peninsula | ............ |
Near Point Victoria, Yorke's | Sept. 30,1877 |
I'eninuula ............ | < |
1126 | Near Hardwick Bay | ., . | . | , | , |
l(
1127 | Near Hardwick Bay | ...... | 13 |
1139 | East of Cygnet, Kangaroo | 12 | Dec. 31,1876 |
Island | ................ | 1 |
1 | l46 | South of Hundred of Tipara | June 30,1878 | |||
11 | 47 | South of Hundred of Tipara | 14 |
1155 | Smith's Ray, Kangaroo Island 12 | Mar. 31, 1875 |
L 6
1 | l58 | Smith1s13ay, Kangaroo Island | 10 |
1162 | Near Cape Spencer, Yorlce's |
Peninsula, ............. | \ 2o | Dec. 31,1874 |
l163 | Corney Point, Yorke'e Pen- | l I |
insula ................ | 1 |
Western Cove, | Kangaroo I | Dec. 31,187'1 |
Island | ................ |
1251 | North of Mount Monster. . | 8 | June 30,187( |
*
Assesement due, but leaeea not yet assessed.
THE THIRD SCHEDULE. |
Locality. |
11 (part) | Hundreds of Younghusband and Burdett | ||
| |||
13 (part) | Hundred of Ridley | ||
Hundred of |
(part) | Hundreds of Cadlll. |
(part) | Hundreds of Giles, Morphett, and Younghusband. Hundreds of Skurray, Fisher, Ridley, Giles, Cooper, and Paisley. |
(part | Hundreds of Stuart, Hundred of Murray. Hundred of Murray. Hundred of Murray. Hundred of Murray. Hundred of Murray. Hundred of Murray. |
Hundred |
33O VICTORIA$ No. 17.
Waste Lands Amendment and Procedure Act.-1869-70.
39 | Hundred of Murray. | |
44 (part) | Hundred of Seymour. | |
45 | Hundreds of Bagot and Angaa, | |
4 8 | Hundred of Murray. | |
Hundreds of Angas and Ridley. | ||
54 | Hundred of Anna. | |
63 | Hundreds of Angas, Finniss, and Mobilong. | |
72 (part) | Hundreds of Wallaroo and Tipara, | |
84 | Hundreds of Fisher and Ridley. | |
1 | l | Hundreds of Tiparra and Clinton. |
Hundred of Tiparra. | ||
118 (part) | Hundred of Tiparra. Part of original Lease 65, Hundred of Duffield. Part of original Lease |
THE
FOURTH SCHEDULE.
List of Hundredr. The Hundreds of Murray, Randall, Cooper, Giles, and Morphett.
THE FIFTHSCHEDULE. DISTRICT A.
District A includes the following lands, viz. :-
First.-Bounded | by a line commencing at the north-weet corner of the Hundred of |
Hay, and running thence north | |
weat for seven and a-half miles; thence north | |
lease 16'77, to east boundary of Hundred of Hallett, one and a-quarter miles from its | corner; thence |
north-east corner; thcnce south, along eastern boundaries of Hundreds of Hallett, Kingston, Kooringa, and Apoinga, to south-east corner of said Hundred of Apoinga; thence east and south, along bomdaries of Hundred of English, to its south-east corner; thence east, to north-east corner of Hundred of Nealea; thence south, to north-west corner of Hundred of Anna; thence east and north, along north and west boundaries of Hundreds of Anna and Hay, to north-west corner of said Hundred of |
Second.-Bounded | by a line commencing at the north-east corner of paetoral lease, |
No. 2 6 2 ~ | (about thirteen and a-half miles north | :thence |
west-north-weeterly, along north boundaries of leases 2 6 2 ~ and 61, to north-west corner of the latter; thence northerly, along boundary of lease No. 80, to a point three-quarters of
u, mile e a ~ t of Pekina Hill; thence west of Pekina Will; thence south-south-westerly, along boundary of said lease 80, to south-east corner of lease 1563; thence south and west by boundaries of lease 1668, toeast boundary of Hun- dred of Wongyarra, about one mile from its south-east corner; thence north, to the north-east corner of Hundred of Gregory; thcnce west and south, south-easterly along boundaries of Hundred of Gregory, to ite south-west corner; thence west and south by boundaries of Hundred of Wongyarra, to a point one mile thirty-two chains north of its south-west corner; thence west, about one mile thirty-two chains, to north-west corner of lease 49; thence southerly along western boundaries of leases 49, 37, and 108, to north bou~ldary of the Hundred of Redhill; thence west, to north-
we&
west corner of said Hundred; thence south, to south-west corner of Hundred of Cameron; thence west, to north-west corner of Hundred of Kulpara; thence north, to north-east corner of Hundred of Kadina; thence west, to the sea-coast; thence northerly, along the sea-coast, to the north-west corner of lease 1636 (about sixteen miles mest of Mount Gullet); thence easterly, along north boundary of lease^ 1636 and 1521, to Mount Gullet; thence north-north-easterly to south-west corner of leaae 1665; theace northerly and easterly along boundaries of leases 1665 and
1628, to the southernniost corner of lease 1630, about nine miles seventy-two chains
north,
2 9 O west of Coomooroo Hill; thence south,5960 east for nineteen miles, forty-eight chains; thence east, three miles, forty-eight chains; thence, south7 p east for nineteen miles thirty-two chains, to north-east corner of lease 262a, the point of commencement.
District B includes
the following lands :-
First-Bounded | by a linecommencing at the north-west corner of the IIundredof Hay, |
and running thence north-westerly and northerly along the boundary of District
A to the eastern boundary of Hundred of Hallett; thence north to north-east corner of said Hundred; thence west about two and a-quarter miles to south-cast corner of pastoral lease 64; thence north and north-westerly along boundaries of said leaae to eastern boundary of Hundred of Whyte, about six miles from its south-east corner; thence to north-east corner of aid Hundred; thence west abaut seven miles; thence northerly along eastern boundaries of leasee 288, 61, and26211, to north-east corner of said lease2 6 2 ~: thence northerly, westerly, and southerly, along boundary of DistrictA to eastern &ore of Spencer's Gulf, about s i r miles west of Mount Gullet; thence northerly along said shore to south-west corner of Hundred of Davenport; thence east, north, and west by boundaries of said IIundred of Davenport to its north-west corner; thence north along estuary, or Salt Creek, at head of Spencer's Gulf to south boundary of lease 1574; thence easterly dong southern boundarics of leases 1574, 1526, 1631, 1528, 1701, and 1635, ta eastern corner of said lease 1635, about four mile8 north-east by north of Waroonee Hill; thence east-south-easterly for seven miles along boundary of lease 1694; thence southerly along western boundaries of leases 1694,1724, 1749, 1602, l75O, and 16691, to south-west corner of said lease 1601, about four and a quarter miles south-west by south of Pualco West Hill; thence south to eouth-west corner of lease 1549, and thence to north-west corner of Hun- dred of Eba; thence south to sonth-west corner of Hundred of' Eba, and thence west to north-west corner of Hundred of Hay, the point of commencement.
Gecond-Bounded | by a line commencing at a point on the western shore of |
Spencer's Gulf due east of Darke's Peak, and running thence south-westerly along the ~ea-coast to the north-east corner | dreda of Koppio and Louth to the south-west corner of the latter Hundred; thence | west to the north-west corner of the Hundred of Lincoln; thence south along the |
Dbtrict C includes |
r line cornmcncing onthe eea coast nearEucla, atthe western boundary of the Province,and
33" VICTORIZ, No. 17.
'Wixste Lands Ameladment and Procedure Act.-1869-70. and running thence easterly and southerly along the sea coast to the north-west corner of the second portion of District B; thence easterly by boundary of said district to a point on the weatern shore of Spencer's Gulf, due east of Darke's Peake; thence north- erly along the western shore of Spencer's Gulf to the head of the gulf; thence north along estuary or Salt Creek at head of Spencer's Gulf to the south boundary of lease 1574; thence easterly and southerly along the north and east boundaries of District B, to the north-west corner of Hundred of Eba; thence east, to norih-east corner of Hundred of E b a; thence north, east, and south, by boundaries of Hundred of Stuart, to its south-east corner; thence south and west by boundaries of Hundred of Cadell, to north-east corner of Hundred of R a n d ~ l l; thence south, to south-east corner of Hundred of Morphett; thence west, to north-east corner of Hundred of Younghusband; thence south and west. by Hundred boundaries, to north-east corner of Hundred of Burdett; thence south, east, south, west, and south, along Hundred boundaries. to south-east corner of Hundred of Bonney; thence south-easterly, to north-east corner of Hundred of Santo; thence along Hundred boundary to north-west boundary of pastoral lease
493; thence to north-cast corner of mid lcase493 ; thence 8011th- easterly, along eastcrn boundaries of leases 493, 1316, 199,963, 200, to south-east corner of lease 200; t!!cnce west-south-west one and a half miles; thence scuth- south-easterly, by boundary of lease 203, to a point eight chains from its south-east corner; thence to north-east corner of lease 223; thence to north-west corner of lease 284; and thence to i!s northernmost corner; thence north-north-westerly by boundaries of leases 168 and 159n, to south boundary of Hundred of Lochaber; thence west and north by boundaries of said hundred to a point three and a-half miles south of its north-west corner; thence by west and north boundaries of l e ~ s e 539 to west boundary of lease 156; thence north-westerly and northerly by western boundaries of leases 156, 991, 913, 824 to northernmost corner of lease 824; thence south- easterly by I-,our.daries of leases 824, 913, 874, 872 to north boundary of lease 160; thence easterly by the northcrn boundaries of leases 160 and 161, to the north- east corner of the latter lease; thence true north to the ssuth-eastern corner of lease 152; thencc westerly by the southern boundaries of leases 152 and151 to t1.e north-east corner of lease l238; thence south-westerly and north-westerly along boundaries of lease
1238 to angle of l e ~ s e 148, west of Granite Rock; thence to angle of said lease 148, north of Granite Rock; thence northerly along lease boundaries t,o north-west colner of lease 962; thence easterly along northern and western boundaries of leases 962, 1250, 1175, and 1174 to the north-east corner of lease 1174; thence north along eastern boundary of the Province to I~ t i t ude2 6 O
south; thence west to western boundary | of | P r o ~ i n c e; | thence south along weatern |
boundary of Province to point of commencement, | The portions of l m d excepted |
being pastoral !ease 153, at Swede8 Flat, South-East District; and leases 221, 225,
574, and 1251, north of Mount Nonster, South-East District.
THE SIXTH SCHEDULE. |
by the Grace of Gcd, of the United Kingdom of Great Britain and Ire- |
land, Queen, Defender of the Faith, to | o f | in the |
Province of South Australia, W e warn you, that, unless within twelve days after the service
of this writ on you, inclusive of the day of such service, you obtaina11 order from one of the Judges of the Supreme Court of our said Province, giving you leave to appear, and do within tha t time appear in our said Supreme Court in an action at the suit of the Commissioner of Crown Lands of the Province of South Australia, the said Commiavioner of Crown Lands may proceed to judgment and execution.
Witness-His | Honor | Chief Justice of our said Supreme Court, |
a t Adelaide, in the said Province, the | day of | in |
year of our Lord one thousand eight hundred and |
By | the Court, |
[Memorandum to be subscribed on writ.]
writ is to be served within six calendar months fram the date hereof, |
or if renewed from the date of such renewal, including the day of such date,
and not
afterwards. | [Endorsement |
3 B
Waste Lands Amendment and ProcedureAct.-1 869-70. [Endorsement to be made on writ before service thereof.]
This writ was issued by | of | attorney for the |
plaintiff.
[Endorsement.]
The plaintiff claims | [Here set forth the particulars of the claim.] |
And if the amount thereof with | for costs to be paid to the plaintiff |
or his attorney within eight days from the service hereof | further proceedings will be |
etayed, |
N,B.-Take | notice, that if the defendant | do not obtain an order from one of the |
Judges of the said Supreme Court within twelve day^ after having been served with this writ, inclusive of the day of such service, giving him leave to appear thereto, and do not w~thin such tive, cause an appearance to be entered for in the said Crurt, the plaintiff will be a t liberty :my time after the expiration of such twelve days to sign final judgment fur any sum not exceeding the
sum above claimed,
the sum | for costu, and issue execution for the same. |
Leave to appear may be obtained on an application by summons a t the Judges'
Chambers, Supreme Court House, Victoria-square, Adelaide, supported by affidavit,
rrhowing that there is a defence to the action on the merits, or that i t is reasonable
that the defendant | should be allowed to appear in the action. |
[Endorsement to be made on the writ after service thereof.]
on | on | the |
day of | one thousand eight hundred and |
THE SEVENTH SCHEDULE.
by the grace of God, of the United Kingdom of Glreat Britain and Ire- |
land, Quten, Defender of the Faith, to | and |
dl persons entitled to defend the possession of to the possession whereof the Commissioner of Crown Lands of the Province of South Australia
claims to have been on and since the |
in the gear of our Lord one thousand eight hundred and | entitled, and |
to eject all other pcrsons therefrom. W e warn you, or such of you as deny the alleged title, that, unless within sixteen days aftcr the servicc of this writ on you, inclusive of the day of such service, you obtain an order from one of the Judges of | the Supreme Court of our said Province, giving you leave to appear and do appear | in our said Supreme Court to defend your right to the occupation or possession of |
the said waste lands, the said Commissioner of Crown Lands ment and executicn, and you will be turned out of possession. |
Witness-His | Honor | Chief Justice of our said Supreme |
Court, at Adelaide, in the said Province, the | day of | in the |
year |
By the Court,
[Endorsement to be made on writ before serving.]
This writ is issued by | of | attorney for the said |
plaintiff.
NOTICE.
NB.-Take | notice. that if the defendant do not obtain leave from one of |
Judges of the eaid s i p e r n e Court within sixteen days after having been served with this writ, inclusive of the day of such
wrvice, giving him leave to appear thereto, and do not within such time cause an appearance to be entered for in the said Court, the plaintiffwill ke at liberty at any time after the expiration of such sixteen days to sign final judgment for recovering possession of the waste lands within mentioned, and to issue execution, whereupon the defendantwill be turnedout of possession.
33" VICTORIB, No. 17.
Leave to appearmay be obtained on an application by summons at the JudgedChambers, Supreme Court House, Victoria-square, Adelaide, supported by affidavit,
showine: that there is a defence to the action on the merits, or that i t is reasonable
that | should be |
[Endorsement to be made on the writ after
service thereof.]
on | on |
THE EIGHTH SCHEDULE.
take notice, you are required to appear and give evidence |
,tine | day of | , 18, a t | o'clock, before the Valuation Tribunal, |
at | , | in Adelaide, in the matter |
the Waete Lands of the
Crown leased tothe said C.D.
Con~missioner |
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