Waste Lands Act 1869 (SA)

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ANNO TRICESIMO TERTIO

VICTORIE

REGINB.

A.D. 1869-70.

No. 17.

An Act to amend the Laws w1atin.y to the Leasinq,

- -.

,for Pasto~al

Pmposes, of' cgtg:i_n of

the

FVaste

L a n d s D ~ t h e Crown, in the

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 _I

p

~ ~ - ~ y - ~ ~ - ~

of the Crown, in the Province of south-alia;

and i t is also

q;, Lt.-+.-b-

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:

2 X

1. This Act may be cited as the "Waste Lands Amendment

P B E L I M I N ~ ~ ~.

and Procedure Act, 1969-70."

short title.

2. This Act shall be divided into pwts as follows:-

PART

I.

Renewal

.,-

of leases for pastoral purposes of certain waste Divirimof Act.

-

lands of the Crown.

PART

Ir. Procedure for enforcing payment of rents reserved by,

and observance of covenants contained in,leases for pas-

toral or other purposes.

Part L-Renewal

of leases for pastoral purposes of certain waste

PART

I.

lands of the Crown.

.-..---c--- 3. In

33" VICTORIB, No. 1'7,

b~$$

Waste Lands Amendment and Procedure Act.--1869-70.

1

ciLf'

PART

I.

3. In the construction of Part I. of this Act, unless the same is

8 %

6

Con~rvction

of term. inconsistent with the conte wt or subject matter, the expression

" 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

___C_-

the --

time o f the passing

W --- - -

hereof is

g-

-Lk,~

4

'G

beneficially entitled to any such lease.

*b

* \ ? &" *-L+,.

\

*-X

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Valuation of leases to

k mrde.

4. On the passing of this Act, the Commissioner of Crown Lands shall cause a valuation to be made of the estimated annual value per square mile, on a lease for ten years, of the waste lands com- prised in the leases - more particularly specified in the First Schedule hereto, and shall also cause a like valuation to be made of the esti- mated annual value per square mile, on a lease for fourteen years, of the waste lands comprised in the leases more particularly specified in - the Second Schedule hereto.

Valuation to be pub-

5. Every valuation made as aforesaid shall be published in the

lished.

Government Gazette for general information.

Lessee may appeal

againet ~~luat ion.

6. Any lessee of waste lands that have been valued as aforesaid may, within twentyone days from the publication of the valuation in the Government Gazette as aforesaid, lodge with the Commissioner of Crown Lands an appeal against such valuation; and such lessee shall, at the time of lodging such appeal, deposit with the said Com- missioner the sum of Twenty-five Pounds; and any excess of that sum over the costs of such appeal shall be returned to the appellant.

Constitution of

tribunal.

7. A person to be appointed by the Governor with the advice and consent of the Executive Council, another person to bc appointed by the appellant, and a third person to be appointed by the persons so appointed by the Governor and appellant, shall constitute a tribunal to be called " The Valuation Tribunal," and such tribunal shall, subject to the provisions of this Act, hare full power to hear and determine any appeals which may be lodged by \such appellant

against such valuation: Provided that if the appellafit shall consent

thereto in writing, then the person so appointed by1 the Governor

shall constitute the " Valuation 'l'ribunal."

Commissionor of

Crown Lands to

8. On rcceipt of any appeal, the Coinmissioncr of Crown Lands

eailse tribunal to be

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.

Tribunal to fix

amount of valuation.

9. The said tribunal shall, after hearing such evidence, fix the amount of valuation at which the waste lands, thc valuation of which is appealed against, shall be valued, whether the amount so fixed may be higher or lower than the amount fixed in the valuation appealed against; and their decision shall, in every case, within twenty-eight days of the day of the first meeting of such tribunal be reported to the Commissioner of Crown Lands, and on being con- firmed by the Governor in Executive Council, be published in the Government Gazette, and shall be the valuation for the purposes

of this Act. 10. The

33" VICTORIE, No. 17.

TVaste Lands Ante?zchze?zt and Procedure Act.1869-70.

P * ~ *

I-

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 expensee,

any reasonable expenses against the appellant, and such expenses Tribunal to award

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.

11. The appcllant shall pay all costs incurred in hearing and determining his appeal.

Costs.

12. If any person shall, after giving notice of such appeal, fail to appear or to prosecute the appeal at the time and place appointed,

Failure to prosccutr

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.

13. Each Member of the said Tribunal shall be paid the sum of Three Pounds Three Shillings per day for each appeal heard before

Feea to Members of

Tribunal.

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

Commissioner may appoint a person to

hand, appoint some person to appear bcforc the said tribunal, to

support valuation.

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

Oomnrissioner of Crown Lands and Im-

migration to summon

surrinlons to any person in the form set forth in the Eighth Schedule

witncsaes.

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.

Powers of TribunaL

-.. -- - ~ - -

L\

17. Such of the lessees under any of the said leasesjs may be Lraaeeamayoumnder

-

leases and procure

desirous of surrendering their

resent leases, ana obtaining nqw

leases ,,,,

si.tinr

at ,the -%nnu_al reletfixed

--_

by

- _ the said va uation, and upon

E-___T

the terms notice;

&d conditions hereinafter mentioned, shall, within twen&eiyht days

yfc - ~ 3

' IZ 7 .C

" S /

from the first publication thereof in thc Governnzent Guzete, forward

p,

"J A,, f L f.

to the Commissioner of Crown Lands a notice of such their desire, c;. ,,

.-Q

'>

in the form or to the effect following, that is to say :-

* I ce -J

,,,,* F. * ~

,..-

; 4c<

p,

4

To the Commissioner of Crown Lands and Immigration,

l Y 4

'.

- +

Sir-I,

[name ai/ull length], of [place of abode], being the lessee

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 l or lcases], and to obtain a fresh lease [or kasesl under The Waste

-70 Lands Amendment and Procedure Act, 1869 " and at the rent fixed by the valuation pubiished by the

"G

overnrnetlt

Gazette of the

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.

Now leasen may be

18. Upon the receipt of such noticc within the period aforesaid,

panted.

r-

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

New lease not to be

19. Notwithstanding anything herein contained, no lessee of &v

granted, if lessee in

waste lands shall be entitled to claim a new lease under the provisions

.i

=rear for rent, &c.

& - s 4

of this Act, unlcss he shall, within thirty days from forwarding the notice as hereinbefore provided, have paid up all arrears of rent or rent and assessment, which may be due by him, in respect of such lands.

*t

Conatruation of Act

An

L

20. Nothing contained in an Act KO.

20 of 1858, intituled

!

No. 20 of 1868 as to

i.

renewala of learns,

Act for an assessment on stock and for other purposes therein men-

b

rt

tioned," shall be held or construed to confer upon or entitle the person beneficially interested in any lease as therein mentioned to

the right to more than one renewed leme of the lands comprised

therein for one term of five years. 21, If

33" VICTORIB, No. 17.

151

V a s t e Lands Ame?zdrnent and Procedure Act.1869-70.

21. If any of the lessees of any of the waste lands comprised W

P A ~

I.

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 ,,,,hemJ,e80f

Schedule ne leot to

themselves of the benefit of this Act, as 1s hereinbefore ~rovided, Aot, leasee to be

the Commissioner of Crown Lands shall cause a lease or leases offered at auction.

*

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, a reduction of ten per centum being made on the upsct price, as fixed by the said valuation, and if no bid is made at such reduced price, the same shall be offered again and again, at such intervals as may 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: Pro- vided always, that no such lease shall be offered or sold at a less annuai rent than ten shillings per square mile per annum.

of such waste lands at the rent bid by him thereat, such lease to entitled to lease.

22, The purchaser at any such auction shall be entitled to a lease Purchauor at auction

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.

23. If any of the lessees of any of the waste lands comprised in If lessee8 in Second

the leases specified in the Second Schedule hereto, shall neglect to ,,,il themselvee of

Schedule neglect to

forward the notice signifying their desirc to avail themselves of the *et, leases to be

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.

PART

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.

h h a s e r at auction

24. The purchaser at any auction

of the lands comprised in the

entitled to lease.

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.-

Landr in Second

25. If any of the lands comprised in the Second Schcdulc hereto be not offered at auction, and sold within nine calendar months from the passing of this Act, the lease of such lands may be offered for sale at such time or times, and place, at such upset price, not being less than Ten Shillings pm square mile, as may be determined by the Governor in Executive Council, and subject in all other respects to the laws in forcc relating to the leasing of waste lands for pastoral purposes, in

Sohedulo not

may be revalued.

the same manner as if this Act had not been passed.

Leasea in Second

26. l iases of waste lands comprised in the Second Schedule to this Act, and which may have expired prior to the coming into operation of this Act, shall, for thc purposes of this Act, be deemed to be subsisting at the time of the coming into operation of this

erpired.

Act.

K

ce*ainimp~ovemenh

27. At the termination of an lease of pastoral lands, not within

to be paid for.

.

..

*A..-

~ 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

3,

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

r:

under t&

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 of Iandr in

28. Leases of wjpslands within Hcndreds shall be dealt with in

-U

II_

m

Eundtedr.

I

the same manner in all respects as herejnbefore prescribed m reference

N :

to o k r leases, except that the t e g of such leases shall be for one

only, but7any h c h lease may be renewed from year to year, for

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.

29. The Governor, with the advice of the Executive Council, may, within a time to be limited for that purpose by the said

pound for rent of cer-

Governor may com-

tain annual leaser.

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.

Governor may

30. The Governor may, by Prcclamation in the Government Gazette, declare that any of the Hundreds mentioned in the Fourth

aboiiah certain Bun-

dreda.

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.

31. The Schedule to this Act numbered Five shall be deemed to be substituted for the First Schedule to the Act No. 2 1 of 1867, in-

Fifth Schedule to this

Act substituted for

Pi~st

Schedule to Act

tituled " An Act to amend the Laws relating to the Leasing for Tas-

21 f i867.

toral Purposes of certain Waste Lands of' the Crown, in the Province

&o*J.1; 4 q p -

4527 ,a 2

f +4~49:

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< --952c

" %:--

may apply ibr the same, in the manner provided by clause 3 of the said Act, within two calendar months of the passing of this Act, and in all matters may act as if the said Fifth Schedule had been origin;

*

a

inserted in the said Act KO. 21 of 1867.

32. The estimated value of all substantial improvcments effected oompen~atlon

for

aw the first day of July, one thousand eight hundred and seventy, ,,,,

substantial improve-

by any lessee of Waste Lands of the Crown. under this Act, and not

G . ,g.

-

- S-%./

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 fencing in District C.

33. Any lessee of lands comprised in District C, as described Compensntion for

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, and

of 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.

Waste Lands Amendment and Procedure Act.1869-70.

PABT 1.

excess of the minimum rent as fixed by Act No. 21, of 1867. Provided

Y

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 expiry

of the lease, be given up to the Government in a serviceable and

tenantable condition.

Oarernor to

make

regulations.

34. The Governor, with the advice of the Executive Council, may, from time to time, make, alter, and vary regulations respecting the terms, covenants, and conditions upon which leases of waste lands under thc provisions of this Act shall be granted for pastoral

IrC*

--

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 of law: 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.

Pasr xr.

PART

11.-Procedure for enforcing payment of rents reserved by,

and observance of covenants contained in leases for pastoral

or other purposes:

~onatructim

of

-

33. In the construction of this part of the Act, unless the same is inconsistent with the context or subject matter, the expression

W

. " Waste Lands " shall be held to comprise

Province, the fce simple of which may from time to time be vested

l a d s within the said

in Her Majesty, Her heirs and successors, or in the Government of

the said Province.

Commisaimer may

rue for rent in arrear.

36. If any lessee or other person liable to pay the same, shall be

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

irsue writ for recovery

37. If any person shall be in unlawful possession or occupation of agy wyte lam& whether such claims possession of or to occupy the same under any lease or otherwise, a writ may be issued

of posrrwion.

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

330 VICTORIB, No. 17.

Waste Lands Amendment and Procedure Act.-1869-70.

for the pur ose of recovering the possession of such waste lands,

PART

11.

-

.. 4

which writ S all be in the form in the Seventh Schedule hereto or

1

to the like effect.

'4 I

38. The defendant named in any writ issued under the two last Defendant 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 Judge Application 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 in which gmundmf

defenoe to be rtated.

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

may seem fit.

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 allowed unler stated

In order.

giving him leave to appear.

42. Except as herein, or in the Rules and Regulations hereinafter Proe&bgl

in Buch

mentioned, otherwise provided, the proceedings in any action to be mtionfi.

~~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 be Party &t&ing juas-

&,itled to full cost of

suit as between party and pax ty, which may me"

entitled to ooutl.

be enforced or recovered in the like manner as in ordinary actions in

the said Court.

44. Nothing herein contained shall be construed to take away or af-

~~t

to ,,eect

ofier

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-

2 z

sioner

33" VICTORIB, No. 1'7.

Waste Lands Amendment and Procedure A c t 1

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 defect in matter of form.

Judges to make rukH.

45. The Judges of the Supreme Court, or any two of them, may from bime to time make, alter, and vary rules and regulations for prescribing the mode of procedure and forms of proceedings in cases where the general rules of the said Court are not applicable or con- venient, and generally for defining the practice of the Court for the purpose of carrying cut the objects of this part of the Act; and all such rules and regulations, when published in the Government

Gazette, shall have the force of law: Provided that a copy of all

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.

tiona as to practice in

Judgemay givedirec-

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 ex yarte applicntion, give directiims &to the practice, and may prescribe the form of any proce~dings to be adopted in any particular case, and such practice and forms of procceditp shall, as to such case, be valid for all purposes.

particular caaer.

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

this Act,

JAMES FERGUSSON, Governor.

THE

330 ~ I C T O R I E,

No. 17.

Waste Lands Amendment and Procedure Act,-1869-70.

-

THE FIRST SCHEDULE.

'0. of

ease.

Situation.

Rent.

--

S S. d.

16

rpgnet River, Kangaroo Island

....

17 0 0

18

sum Flat, Yorke's Peninsula..

.....

,030 0 0

2 1

Iyster Rag, Torke's Peninsula

....

353 16 0

34

?enton Vale, Yorke's Peninsula.

...

232 4 6

3 7

3utalo0, Crystal Brook

..........

399 0 0

38

In the Rocky River.. ............

,834 0 0

4 8

louth-east of hloant liemarkable. .

756 0 0

49

south-east of Mount Remwkable.

.

867 15 0

58

3ruughton and Kockg Itivers

......

168 0 0

6 0

:oorong. .......................

15 0 0

6 1

3ast of' Mount Lock Range.

.......

,078 0 0

62

r'orlre Valley, Yorhe '~

Pellinsula.

.

290 l 8 6

63

7orney Point, Yorke's Peninsula

,.

36 12 0

64

North of Kooringa

..............

187 10 0

6 5

Maria Creek, South-East. .........

18 15 0

67

Kangaroo Island ................

8 10 0

7 1

3yster Bay, Yorke's Peninsula

., ..

160 13 4

80

Pekina

........................

,435 0 0

107

Browne's Hill ..................

140 0 0 ,644 0 0

.OS

Zrgstal Brook ....,.............

,l5

Bundaleer ......................

,323 0 0

124

Hummocks ....................

209 6 0

129

south of Erowne's Hill, Canowie. ,

,100 0 0

148

Satiara ..................,,,,,.

966 0 0

149

I'atiara ............,...........

812 12 0

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 0

161

Cadnite, South-Enetern District

....

430 0 0

l62

Binnum Binnum, South-Eastern

District ..,.....,,..........

15 10 0

164

Tatiara ........................

3 0 0

168

Moy Hall, South-Eastern District.

,

130 11 4

l 7 1

Killanoola, South-Eastern District.,

141

8

8

174

West of Hundred of Killanoola.. ,

,

85

0

C

175

West of Hundred of ICillanoola.

...

16

0

C

183

West of Hundred of Grey..

......

217

0

C

194

Mayura, South-Eastern District

....

38 19 11

195

Near Rivoli Bay

................

21 18 f

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 Swamp, ................

138

0

C

200

Avenue Range, South-Eastern Distric

270

10

C

201

Callendale, South-Eastern District.

18

0

C

202

Mount Scab, South-Eastern Distric

93 16

1

208

Cairn Bank, Lacepede Bay

.......

40 0 (

-

P PP

33" VICTORI&, No. 17.

Waste Lands Amendment and Procedure Act.-1869-70,

THE SECOND SCHEDULE.

-

No.

Date of

of

Situation.

Lrea.

Bent.

Expiration of

Lease.

Lease.

-

files.

406

East of Robe Town.

,

.

,.

,

3 3

Dec. 31,1869

(L

410

Port Davenport ..........

14

66

412

Cape Spencer ............

39

L I

423

Corney Point ............

34

L

L

450

East of Guichen Bay.. ....

18

461

East of Guichen Bay. .....

12

June 30,1870

4 4

479

Lake Frome ............

8

c6

484

East of Guichen Bay. .....

25

493

Korth of Tilley's ........

27

Dec. 31, 1870

5 39

Clay Lakes,east of Laccpede

15

I L

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

Dec. 31, 1871

4 6

660

Kangaroo Island.. ........

10

661

Kangaroo Island. .........

10

Mar. 31,1872

'119

South-Eastern District

....

2

June 30,1873

l 6

720

South-Eastern District ....

26

737

Kangaroo Island.

.........

a0

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

872

Tatiara.. .............,..

14

June 30,1874

874

Tatiara. .................

7

Sept. 30,1874

9 13

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, 1874

9 63

Near Tilley's Swamp..

....

15

Mar. 31, 1875

&L

964

Near Tdley's Swamp.

.....

4 3

66

965

Wauraltee Island ........

8

981

West of Killanoola. .......

'I

June 30,1874

66

986

Near Mosquito Plains

....

10

66

989

South by east of Tilley's,

.

12

66

991

Tatiara. ................

9

1004

South-Eastern District ....

11

Sept. 30,1874

LL

1006

North-east of Guichen Bay

3

l007

West of Monbulla

........

4

Mar. 31, 1875

66

1013

Yorke's Peninsula ........

13

66

1014

Coorong ....,...........

10

46

1015

Coorong ..........,...,.

8

46

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

L

L

1064

Kangaroo Island.. ........

1

1072

Lake Hawden..

..........

4

Sept. 30,1877

a I.

-

S60

. -

33" VICTORIB, No. 17

Waste Lands Amendment and Procedure Act.-1 869-70.

THE SECOND SCHEDULE (continued).

7

No.

Date of

of

Situation.

Area.

Rent.

Erpiration of

Lease.

Lease.

-

Miles.

1083

North-east of PointVictoria,

24

rune 30,1876

Yorke's Peninsula

......

1084

East of Point Victoria,

g

66

Yorke's Peninsula

......

1

66

1085

Yorke's Peninsula

........

18

1095

Coorong ...............

4

3ept. 30, 1876

l107

South of Robe Town

......

2

Dec. 31, 1876

1108

East of Cygnet, Kangaroo

6.

Island ................

1118

Near Corney Point, Yorke's

Mar. 31,2877

Peninsula

............

1123

Near Point Victoria, Yorke's

Sept. 30,1877

I'eninuula ............

< 6

1126

Near Hardwick Bay

., .

.

,

, 15

l(

1127

Near Hardwick Bay

......

13

1139

East of Cygnet, Kangaroo

12

Dec. 31,1876

Island

................

1

1

l46

South of Hundred of Tipara

12

June 30,1878

6

6

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

L 6

insula ................

1

l167

Western Cove,

Kangaroo I

20

Dec. 31,187'1

Island

................

1251

North of Mount Monster. .

8

June 30,187(

7

* Assesement due, but leaeea not yet assessed.

THE THIRD SCHEDULE.

Lisl of

Annual Leases on which re& i s in arvear.

Number.

Locality.

11 (part)

Hundreds of Younghusband and Burdett

12

K u n d r d a of

Ridley and Finniss.

13 (part)

Hundred of Ridley

14

Hundred of Ridlev.

(part)

Hundreds of Cadlll. Randell, and Paisley.

(part)

Hundreds of Giles, Morphett, and Younghusband.

Hundreds of Skurray, Fisher, Ridley, Giles, Cooper, and Paisley.

(part

Hundreds of Stuart, Eba, and Hay.

Hundred of Murray.

Hundred of Murray.

Hundred of Murray.

Hundred of Murray.

Hundred of Murray.

Hundred of Murray.

Hundred of Murray.

33O VICTORIA$ No. 17.

Waste Lands Amendment and Procedure Act.-1869-70.

List of

Annual Leases on which rent is in arrrar-(continued).

Number.

Locality.

39

Hundred of Murray.

44 (part)

Hundred of Seymour.

45

Hundreds of Bagot and Angaa,

4 8

Hundred of Murray.

5 1

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 L

Hundreds of Tiparra and Clinton.

117 (part)

Hundred of Tiparra.

118 (part)

Hundred of Tiparra.

Part of original Lease 65, Hundred of Duffield.

Part of original Lease 2260, Hundred of Duffield,

THE FOURTH SCHEDULE.

List of Hundredr.

The Hundreds of Murray, Randall, Cooper, Giles, and Morphett.

THE FIFTH SCHEDULE.

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 4 2 O (true) west for fifteen milea; thence north 25O

S. 3 #

weat for seven and a-half miles; thence north 2 2 O west for sixteen and a-half miles, to east boundary of pastoral lease No. 1546; thence north, to north-east corner of

lease 16'77, to east boundary of Hundred of Hallett, one and a-quarter miles from its

corner; thence west, one mile; thence northerly and westerly, along boundaries of said lease; thence east and north, along boundaries of lease 1535 to its north-east

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 Bay, the point of commencement.

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 94'' east of Brown's Hill;

: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, to east 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&

33" VICTORIB, No. 17.

Waste Lands Amendment and Procedure Act.-1869-70.

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, south 7 p east for nineteen miles thirty-two chains, to north-east corner of lease 262a, the point of commencement.

DISTRICT B.

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, and 26211, to north-east corner of said lease 2 6 2 ~: thence northerly, westerly, and southerly, along boundary of District A 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 of the Hundred of Hntchison; thence west along the northern boundarizs of the Hundreds Hwchison and Koppio to the north- west corner of the latter Hundred; thence ~ o u t h along western boundaries of Hun-

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

west boundary of said Hundred to its south-west corner; thence east along south boundary of said Hundred to the sea-coast; thence easterly, southerly, westerly, northerly, and south-easterly alonp the sea-coast, to a point on the sea-coast, about three and a-half miles west by north of the north-west corner of leaze 1061; thence south one and a-half miles; thence east eight miles; thence north ten miles; thence west two and a-half miles to the south-east corner of the Hundred of Warrow; thence north and west along boundaries of said Hundred to the sea-coast; thence northerly along the sea-coast to a point about half a mile west of the north-west corner of leaae 507; thence east to north-east. corner of saiZ lease; thence north CO north-west corner of lease 363; thence east along northern boundary of said lease to its north- east corner; thence along the northern bo&dary of lease 430 to its north-east corner ; thence along the southern boundaries of leases 1596, 1733, 1652, to the northern angle of lease 1240; thence south-easterly to Tooligie; thence east by south to a point true south of Darke's Peak and true mest of Mount Priscilla; thence north to Darke'a Peak; thence true east to the coast, the point of commencement; also, includinq Ttrylor's, Grindal, Thistle, Little, Lewis, Smith's, Williams, Hopkina, Ligutmea, and Wedge Islands, the Gambier Isles, Sir Joseph Banks's Group, Fliaders,

and 8t. Peter'e Islands.

DISTRICT C.

Dbtrict C includes dl

lands (except those portions hereinafter excepted) bounded bp

r line cornmcncing on the eea coast near Eucla, at the 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 lcase 493 ; 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 and 151

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 ude 2 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.

VICTORIA,

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 obtain a11 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 the

year of our Lord one thousand eight hundred and

By

the Court,

~hikf Clerk.

[Memorandum to be subscribed on writ.]

N.B,-This

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

33" VICTORIB, No. 17.

Waste Lands Amendment and Procedure Act.-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,

NOTICE.

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 of

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.]

This writ was served by

on

on

the

day of

one thousand eight hundred and

THE SEVENTH SCHEDULE.

VICTORIA,

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

day of

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 may proceed to judg-

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 of our Lord one thousand eight hundred and

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 the

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 plaintiff will 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 defendant will be turned

out of possession.

Leare

33" VICTORIB, No. 17.

Waste Lands Amendment and

Procedure A c t. 1 8 6 9 - 7 0.

Leave to appear may be obtained on an application by summons at the Judged

Chambers, 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 thg defendant

should be allowed to appear in the action.

[Endorsement to be made on the writ after service thereof.]

This writ was served by

on

on

the

dey of

one thousand eight hundred and

THE EIGHTH SCHEDULE.

To A.B., , of ,

take notice, you are required to appear and give evidence

on

,tine

day of

, 18, a t

o'clock, before the Valuation Tribunal,

at

,

in Adelaide, in the matter of the appeal of C.D. against the valuation of

the Waete Lands of the Crown leased to the said C.D.

E,F,,

Con~missioner of Crown

Lands

and Immigration.

I

P-

hdekide : &tod

by authority by W.

C. Cox, Qoyernment Printer, North-torrace.

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