Waste Lands Alienation Act 1872 (SA)

ANNO TRICESIMO QUINTO ET TRICESIMO SEXTO
VICTORIB REGIN&.

D. 1872.

No. 18.

A9e Act to Regulate the Alienalz'olz and Sale of

the Waste Lands

of the Crown.
[8ssentcd to, 15th August, 1872.1

IIEREAS it is expedient to ~ d r e

bctter provision for the P,,amble.

Alie~~t ion

and Sale of the W ~ t e

Lands of the Crown-Be

it tllerefore Enacted Iny the Governor of' the Province of So~ltli
Australia, with the advice and cousetit of the Lcgisl:~tive Council
and IIouse of Assembly of the said Province, In this present
Parliament assembled, as'follows:
1. This Act may be cited, for all purposes, as " The Waste short title.
Lands Alienation Act, 1872."
2. The following terms, within iiivcrted commas, shall, for the Definition of terms,

plmposes of.

this Act, unless the context otherwise iadicnte, bear

the meaning set against them respectively :-

U Waste Lands."-All

lands within the said Province vested in

Her Majesty the Queen and situated south of the line
defined and described in t i e First Schedule hereto (including all uilselected lands situated in any agricultural area pro- claimed before tlie passing of this Act), and which lands have not been or may not hereafter be reserved for and dedicated to any lawful purpose, or which have not been grantcd or lawfully co~itracted to be grauted in fee simple or leased with a right of purchase under the provisions of'
"The Scrub Lands Act, 1866," or any Act amending the

88111(3,

35" gZ 3 6 O VICTORIB, No. 18.
The Waste Lands Alienation Act.-1872.
p-
same, or which have ilot been or mav not hereafter be leased under any Act autliorizing the p iu t ing of leases, with or witl~out right of purchase, except leases for pastoral pur- poses, or which having been so contracted to be granted, or so leased shall be, or have been, lawfully forfeited, or re- sumed, or revested in the Crown:
" Lands under Agreement.". -All lands which may have been
taken up on terms of credit under agreements within the provisions of Acts No. 14 of 1868-9, No. 4 of 1869-70, and No. 27 of 1870-71, or either or any of them, and the regu- lations made tlrwmmder:
'' Governor in C~uncil,~~-'Phe Governor of the said Province,

with the advice and consent of the Executive Council

tliercof:

" Country Lands."-- All surveyed waste lands, not being town,

township, suburban lands, reclaimed lands, improved lands,

or reserves:

Town or Township T,ands."-All

lands reserved, surveyed,

a d	laid out in lots as the site for a town or townslzip:

' l Sub~rb:m'

La~ds.'~--All surveyed waste lands situate in the immediate vicinity of any town or township hnds, and which nlav be declared by notice in the Gazette to he suburbarl lands:

'' Reclainied Lands."-All

waste lands reclaimed and improved

by means of Government expenditure, upon drains or other

public works, and proclai~ned

ns such:

"Special Country Lots."-Any

single Section or block of country

lands which may be surrounded by sold or selected lands, and whicl~ shall have been heretofore offered for sale and not sold, or. have been withdrawn from sale, or has not been

dedicated for any public purpose:

" Irnprovcd Lanc1s."-All

waste lands on which iniproveinents

have been made by selectors or lessees from the Crown:

" Se1ccto-r."-Any

person who has entered into an agreement for

the purchase of land upon credit under this Act, and, except d e r e repugnantr to or restricted by the context, the devisee or personal representative of any such person, or ally transf'eree of auy such agreement under the provisions of this Act:

Cultivation."-Ploughing,

digging, or trenching, and planting

cereal, hemp, flax, pulse, or root crops:

The Commissioner."-The

Commissioner of Crown Lands and

Immigration, for the time being:

' G Gazette."-8outh

Australian Gouerwnent Gnxeite.

Divieion of ~ c t.

3, This Act shall be divided into parts, as follows :.-

~.-Introductory:

35" & 36" VICTORIB, No. 18.

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The	FVaste Lards Alienation A c t. 1 8 7 2.

PART

11.-Alienation

by selection and sale, upon credit, under

agreements:

PART

111.-Alieuation

and sale by auction for cash or credit:

PART	IV.-General matters and procedure.

4. The several Acts and parts of Acts mentioned in the following table, to the extent to which the same are therein expressed to be Proceedings, &a., m.

offo

merActB,

repealed,

shall

mid thc same arc lrercby repealed, except

so far

~ ~ ~ ? ~ p e a p e a l e d A a t 8

as the several Acts or parts of Acts repeal anv Acts or Ordinances: and dl proceedings of what nature soever, fG obtaining possession of forfeited lands, or for the enforcement of any penalties, or in any
wa4 for carryiny out the provisions of any Act or regulatiou now
existing, or in respect of any agreement or lease with right of pur- chase, or in respect of any mutter or contracts already entered iuto, shall be cormmenced and prosecuted in the manner provided by this
Act: Provided that notlling herein coutained shall be deemed to
aEect any estate, right, or interest created or existing under or by virtue of any of' tile -4cts or parts of' Acts hereby repealed: And providcd that nothing herein shall prejudice or affect anything already lawfnlly done, or comu~enced, or contracted to be done under such Acts or parts of Acts, or under any existing regulations, agreements, or leases :-

D&.

Title of S o t.

Extent of Rrperrl.

- -

No. 5 of 1857

An Act for regulating thc sale and other dis-

Sections 1, 2,

posal of Waste Lands belonging to the	3, 4, 5,697,
C'rown in South Australia--" The JVastc	8,9, 10, 11.
Lands Act."

An Act tn a1ner:d the " Waste Lands Act,"

Sxtion 5.

Act

to f u ~ t h c r

amend the Waste Lands

The whole.

Act-"	The Waste Lsnds Amendmen! Act,
1868-9."

No. 4 of 1869-70

An Act t9 amend the Waste Luniis Amend-

The whole.

ment Act, 1868-9.

No. 2'1 of 1870-1

An Act to furtlier amend " "She W a s t e Lands

The whole.

Amendment Act, 1868-9.''
5. The Governor, in the name and on behalf of Her Majesty, Governor may grant

may alienate, gr:tnt, and convey in fee simple, or may r ~ ~ e r ~ e

and lands.

dedicate to the public use any waste lauds, under nud subject to the provisions of this -let, and the regulations to be made under
the authority of this Act; and all grants, convevances, and it 1' iena-
tiorls, sealed with the seal of the said Province, may bc nlade in
such form as to the Governor in Council shall seem expedient.
6. The Governor in Council may, by notice; in the Girxette, Dedicationtothepub-

reserve 3rd dedicate, in such manner as m y seem best for the purposes,	lio of lands for certain
public interests, any waste lands, for the preservation of water supply, or for any public roads or other internal communications, whether by land or water, or for any quay or landing place, or

public
35" & 36" VICTORICIZE, No. 18.
The Waste Lands Alienation Act.-1872.
PART r.

public reservoir, aqueduct, or wnterconrse, or for the purposes of any hospital or asylum, or for any market place or slaughter- house, or for the purposes of any institutions for public instruc- tion and amusement, or for any public buildings, not being intended for ecclesiastical purposes, or for the interment of the dead, or as places for the recreation and anlusemerlt of the inhabi- tants of any city, town, or township, or other purpose of public safety, convenience, health, or enjoyment, or for any other public purpose, or for the purpose of building or endowing any Common or District schools, not being denominational scllools; and upon such notice being published in the Gazette, such lands shall become and be reserved and dedicated accordingly, and may at any time thereafter be granted for such purpose in fee simple: Provided that the dehleatioil in the public maps of the said Province of any public roads shall be deemed a sufficient dedication thereof, anything hereinbefore contained to the contrary notwithstanding.

Porfeited,resumoa, or

revested lands to be

7, When any lands under agreement, or lands held under lease,

oonaidarednssta

under the provisions of " The Scrub Lands Act, 1866," or of

lands.

any Act amending the same, or lands held upon credit under t h t Act, shall be i r have be& lawfully forfeitd, or resumed, or revested in the Crown, under the provisions of the Act or Acts affecting the same respectively, or under the provisions of this Act, such lands shall be considered waste lands within the meaning of this Act; and such lands rnay be dealt with as country, reclaimed, or improved lands, as may seem expedient to the Governor in Council.

Lands to be nurveyed 8, Before any lands which, at t l ~ e time of the passing of this Act,
&C., before selection. have not been surveyed and delineated in the public maps in the

office of the ~urve~_ydr-~eneral s l d l Le prauted, or contracted to be granted, ii: fec sirnple, under the provisions hereinafter contained, the same shall be surveyed and delineated in the said public maps in such sections as may be deemed convcnicnt, but so that no one section s l d l contain a greater area than six hundred and forty acres;	and a notice shall be published by the Conmissioner in the Gazette,	describing generally the lands so surveyed and delineated, and
referring to such maps, and fixing a date, not being less than six weeks from the first publication of such notice, after which the lands referred to in such notice will be open for selection.

aovernar mapreserve	9. The Governor in Council may, from time to time by Procla- mation in the Gawtte, reserve such portions of the waste lands, for the use or benefit of the aboriginal inhabitants of the said Province, or for any purposes of military defeace, or as forest or mineral reserves, or for any railway or railway station, as may be described in such Proclamation, and may from time to time in like manner revoke any such Proclamation as to the whole or any portion of such l a d s so reserved, and thereupon such lands, the
I ~ U ~ S.
reserving which is so revoked, shall be dealt with as if the same had never been reserved as aforesaid: Provided always, that no Proclamation revoking any Proclamation reserving lands as afore-

said

35" & 36" VICTORIB, No. 18.
The Waste Lands Alienation Act-1 872.

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said shall be issued until n statement has been laid before Parlia- ment for thirty days, setting forth the yarticulars of the Proclama- tion so proposed to be revoked.

Exception of mineral

10. The Commissioner, notwitlistandiag anytliing in this Act contained, mtty decline to accede to any application for selection of any waste lands known or supposed to contain gold, copper, or	lands.
any other mineral.
T o m or townehip
11. The Governor in Council may, from t h e to time, by noticc pubM~ed in t l ~ a Guzette, decliwc what parts of t,hc waste l k d s are to he set apart for tlic sites of new towns or townships, and for suburbs thereto, and such lands shall thereupon be reserved and designated as town, township, or suburban lands, as the case may be.	lands may be reserved.

PART

YI.-Alienation

by selection and sale upon creclic under

agreenients:
12. All country lands may be sold upon credit a t such a price, Country landa may be

not being leas than One ~ 6 u n d

nor more than Two I'oands per sold on credit.

acre, as shall be fixcd by notice to he published in the Gazette, declaring such lands open fbr selection: Provided that, if the price fixed by such noticc is more than One Pound per acre, the same shall be reduced every seven days by riot less than Two Shillings and Sixpence nor more than Five Shillings per acre, until such price is reduced to One I'ound per acre; the illloullt by which such price is to be reduced a t the iatervals aforesaid, being also specified in such notice.
13. All reclaimed lands may be sold upon credit at such price, ~ ~ $ ~; ~ o $ $ ~ ~
not being less than One Pound per acre, in addition to the estimated cost of reclaiming the same, as shall bc fixed by notice to be

published in the Gazette declaring sucli lands open for selection: Provided that if the price fixed by such notice is more than One

Pound per acre, such amount may be reduced in the manner

specified in the last preceding clause, until the price is reduced to One Pound per acre, is addition to the estimated cost of reclaiming the land.

not being less than One Pound nor more than Two Pounds per ba sold on credit.

14. All improved lands may be sold upon credit at sucli price, Improved lands may

acre, as may be fixed by notice to be published in the Gazette declaring such lands open for aelcction: Provided that the amount so to be fixed as aforesaid shall in no case exceed the price fixed for country lands in the same vicinity, with an addition of the value of the improvements effected on such land at the time of the revocation or cancellation of the agreement of any previous selector, or on the reverting of such land to the Crown, or of the amount paid or to be paid by the Governnient to any lessee, as the case may be; such price to be fixed in respect of each Section of improved

lands

35" & 36"ICTORIB,

No. 18.

The	Waste Lands Alienation A c t. 1 8 7 2.

P A ~

lands by such notice as aforesaid, and such notice to specify the amount added to the price of such lands as the valus of such im- provements: Providcd also, that the amount at which such im- provements shall be valued may be altered or reduced from time to time by the Governor in Council as may be deemed expedient, notice thereof being published in the Gazette for four consecutive

Proviso.

weeks: Provided that the price of such land mav be reduced in like manher, as provided in clause No. 12, with r e p i d to country lands, but in no case shall the price of such land be less than One Pound per acre, with the addition of the value of such improvements.

Method of selecting

1 5. Any

erson who may be desirous of purchasing lands open

by written application

for selec ion under this Act, shall apply to the Commissioner in the

te-

a n ,

deposit.

form set out in the Second Schedule to this Act, or to the like effect, and shall pay, in ready money, at the time of making such application, an amouiit equal to Ten Pounds per.centum on the purchase-money stated by him in his application; and in the event of such lands bdng inqxovcd lands, the amount specified in the notice to be issued as aforesaid as the value of such improvements, and such first-mentioned payment shall be deemed to be and be regarded as payment in advancc of interest for three years upon the nmouut of such purchase-money.

Landofficc tobeopen

for receipt of applica-

16, The Commissioner shallkause the Land Office in Adelaide land as aforesaid, between the l~ours of ten and twelve ill the fore- noon on such days as Inay be fixed by the regul:ttions, to be made under the power in that behalf hereinafter contained; and shall also cause a box to be kept in such Land Office in which such applica- tions, iulmediately on receipt, and without bein? cxamincd, shall be deposited; and such box shall be publicly opened at the hour of noon of each day on wllich such Land Office shall be so open for

tions,

to be kept open for the receipt of applications for the purchase of

the receipt of applications as aforesaid, and all applications found

therein shall be immediately examined; and if it shall appear that

there is o d y one application for any Scction, the person so applying

shall be declared the purchaser, except as hereinafter mentioned;

1fmor0 than one

but if there shall be two or more applicants for any Section or

applicant.

Sections, the said Section or Sections shall be offered at auction, on the same day, at an hour not later than two o'clcck, under regulations to bc made under the power in that behalf herein- after contained, the competition being confined to thc persons who have applied for the same Section: and, notwithstanding anything contained in clause 1 o. 12 of' this Act, the person who shall bid the highest price at the said auction shall be declared the purchaser of

such Section or Sections, and shall immediately pay a furthcr sum

of ten per centum on the amount, so bid by him in excess of the price at the which said Section or Sections was or were offered for selection; and the other persons so competing for such Section or Sections shall be entitled to have the deposit paid by them with their n plications returned forthwith, unless the same shall be

forfeite X as hereinafter mentioned: Provided that if there shall be

simultaneous

35" & 36" VICTORIB, No. 18.
The Waste Lands Alienation Act.-1872.

sinn&meous applications for the same Section or Sections of land,	P*m I1.
the persons (if any), who s l d l declare their intention to msidc upon such laud, shall be entitled to priority as against persons who
sldl not declare their intention to rcsidc tlrereon, mything in this
Act contained to tlie contrary notwitlistding, but as between themselves, shall be subject to the provisioi~s bereinbefore contained
ill refereiice to simultmeous applicants.

17. If, on opening the box, as aforesaid, it sllnll be found that Receipt for deposit to

be handed to pur-

there is only one application for nrly Section, the clerk shall, if the c-,aser,
amount of deposit is eoclosed and tlie application in proper form,
forthwith dcclare the applicant thc pnrclmser of such Section, and
hand him a receipt for the amonirt of such deposit in the for111 in
the Third Schedule, or to the like eff'cet; and in case there shall
be more applicants than one, on the purcl~nser being determineti as
hcreinbefore provided, the clerk shdl deliver to him W like receipt,

18. If a person s11n11 apply for more tlum one Section, and dial1 purchnsermnrdccline

t o take lcaa than the

be declared the purchaser of less than the nurnbcr for wllich he .,,be,

,fs,,ti,,,

applied, he may, by giving notice in mritir~g to thc Commissioncr, applied for.
within two days fi-om the date of' sucll declaration, declinc to
become the purchsscr of any sucli Sections.

19. If, at the opening of the box for the receipt oC applications ~f an. person ~pplios

for more than 700

as hereinbefore mentioned, it shall be foulld that any ono person ,,,,,

his depoaih

lzas by biinself or his duly authorized agent, applied for a greater forfeited.

area than seven liiuntlrctl acres, he shall not; be entitled to be

declared the purchaser of a11y of the Sections so applied f'or; R	I	~
tlic anmunt paid by him for deposit shall be absolutely forfeited.

20. If any person shall make apphation to purchase hnds ~ ~ p c e i t s

of persons

under the foregoing provisions for any c~tlier purpose th3n that of applying otherwiao

than bond$de may bc

bond jide becomiug: the purchaser of -tjiFlands so applied for, the abr)lutely forfeited

hy Governor in

Governor in Councll m?y dcclnre that all monFys paid b,y such person

Council.

forclthe deuoslt o'n rnakine anv such a~unlic:it,lon

as :~fores,aid

silall loc

absolutcl; forfeited; an; it 'is here6y' expressly declared that the Goveruor in Council mny declare any sucli forfeiture on ally evidcnce which may appear to l k n sufficic6t; ancl a notice t ha t any sue11 fcwfeiture has been declared, signed by the Commiwioner, m d pub- lished in the Gazette, shall be conclusive evideuice thereof, and s l d l b i an effectual bar to ally action or suit at law or in equity which may be instihted by such person, or anyone claiming throudl or a. under him, for the recovery of the amount of any money so p a d or deposited by him as aforesaid, and may bc so pleaded accordingly.

21. Within seven days of any person being declared tllc pur- entered

Agreementto

into by

chaser of any land under the provisions hcrcinbefore contained purohaser.
(unless such'pcrson shall have declined to purcllase under the
provisions of clause 18) a n agreement, in the form contained in the

Fourth Schedule hereto, or to tlie like effect, shd l Le drawl up by	'h	t y L	v
the Commissioner, and executed by him in duplicate, and being so

executed

62	35" & 36" VICTORIB, No. 18.

The Waste Lands Alienatiofz Act.--1872.

PART	11-	executed. shall be left at the Land Office: and if the purchaser shall neglect br refuse to execute such ag&ernent in duplicate for a further period of fourteen days, or such further time as may be allowed bv the Cornmissioner,~tlie amount paid by such purchaser
as deposii upon making application for such lands: and a11 his right,.
title, or interest to or in such lands and deposit, shall be absolutely forfeited, and such lands shall again be open for selection as if such former application had never been made.

Pureham money, how

22. The purchaser ehall, withir~

fourteen days from the termina-

paid.	tion of' the third year from the date of any such agreenmit, pay to the Treasurer, or such person as lie sball appoint, another amount equal to Ten Pounds per centum upon the purchase-money of' the lands mentioned in such agreement, which payment shall be deemed
to be and be regarded as payment in advance of interest for three
years upon the amount of such purchase-money; and the purchaser shall, at the end, or within fourteen days after the expiration of six years from the date of the said agreement, pay the purchase-money of thc lands mentioned therein; and thereupon the purchaser shall, if he shall also have complied with the other conditions by this Act and by the said agreement imposed, be entitled to a grant

of timo. that at the expiration of the said sixth pear, thc purchaser shall,

Proviso for extonsion in fee simple of thc land meutioned in such agreement: Provided

at his option, upon payment of one-half of his purchase-money within fourteen days after thc commenceinerit of the seventh year be entitled to an extension of time for any period not exceeding four years for pay- mrnt of thc balance of his purchase-money together with pnyment, in advance, within fourteen days after the coinmcncement of the scventh and each succeeding year, of a sun1 equal to Four Pounds per centurn upon the balance of his purchase-money as and for interest thereon for tllc then current year; and at the end of any such year the pur- chaser may pay the balance of his purchase-money, and thereupon, if he have also complied with the conditions rcquircd by this Act, the purchaser shall be entitled to a grant of the land in manner afore-

said:

Provided also, that any person who shall have l i o d fide resided

Provi80

paYrnont

at end of five years.	upon and cultivated the land so selected by him, as afdresaid, and shall h;tve made irnpro~wnents thereon to thc value of 'l'cn Shillings per acre, and otherwise fulfilled thc requirements of his :~greement
and of this Act, shall Ec at liberty to pay the amount of the yurchase- money for thc same at the end of the first fire years fi-om the date of the said agreement without further interest thereon, and shall thereupon be entitled to a grant of the land in manner aforesaid.
Pereond rr~idence	23. If any person, a t the time of nlakillg application to select a t the tiim of n~aking such application, actually ancl bonu $de intends to cultivate the soil, but that he desires to be exempted from personal residence, and that he proposes to place his son, stepson, son-in-law, or other male relative, or man-servant, upoti such land, to reside tliereon and manage the same on his helialf, ailcl shall also forward enclosed with such application a declaration in the form of the Vifth
diapencled

certain caser.

with in

land as hereinbefore provided, shall forward a statcrnent that he,

Schedule

35" & 36O VICTORIAE, No. 18.

The	Waste Lands Alier~ation Act.-1872.

Fchedule hereto, such declaration to be made before any of the per- sous authorized by clause 52 of this Act to take declarations, then and in any such case the Commissioner shall vary the terms of the agreement to be entered into by such person so as to exempt him from p e r s o d residence on such lnnd, but to oblige him to keep

.	such son, stepson, son-in-law, or other male relative, or his man- servant residing thcrcon: Provided that in tlle eveut of any person selecting land under the provisions of this section, he shall not be allowed to pay his purchase money before the esphiltioii of

six years from the clatc of the said agreement.

24. Nothing hcrein contained shall entitle ally person to hold at any one time upon credit a larger area of country lnnds, reclaimed lands, and improved luids, or either of tliem, than six hnndred and forty acres. No persoil shall hold, as aforesaid, more t h m three separate and detached blocks of land; and such men, shall, when practicable, hc cornprised ill one blocli.: Provided that i11 case the block selected sllall be surrounded by land not open for selection, so that the area thereof is less t11m six huudred and forty acres, sucli person selecting Inay also select eitlier one or two blocks until the total of six hullclred aad forty acres is madc up; but if any person shall be interested, directly or indirectly, at any one dim? in a larger area of country lands, reclaimed lands, ;md improved lands, or either of them, than six himclred and forty acres held upon credit, he s l d l tllerebv be and be deemed to be guilty of s fraud under this Act, dil all land held by him upon credit, and all moneys paid by him on account thereof, shall be absolutely forfeited.

No porson to hold

moro than 640 acrea.

When any person shall be desirous of becoming the purchaser of more than one Section, the total area wlicreof is in excess of thc	Sections exceeding in t h e aggregate
640 acres may bo re- surveyed in certnin
number of acres allowed to be held upon credit by oue person, such	cases, or applicant may
person, in t'he event of his being c1ecle.l-ed the purchaser of tlie said	purchase excess for
cash.
re-surveyed so s s to reducc thc nrcn thereof to six l~undred and

25.

Sections, shall have the ol)tion, eitlier of having the said Sections

forty acres or less, or of paying in cash to the Commissioner the purchase-money of the acmsgr: so h excess; but so that in no case shall sucli cxcess exceed sixty acres: Provided that in the event of such Sections being. re-surveyed, the person so applying shall pay to the Commissioner In cash, at tlie time of lnnliiug such application,
a sum which may in the opinion of the Commissioner cover the cost
of such re-survey: Provided also that persons already holding land upon credit of a less area than six hundred and forty acres muy, subject to the Corumissioner's approval, and upon like conditions as to payment of cost of resurvey, select so inuch of any Sectioti adjacent to land already in his occupation as shall be suacient to complete his maxinlum of six hundred and forty acres.

26. Any person having entered into any agreement for the purchase of any lands under this Act, may at any time withill six	cancelled wit&
Agrecmonts may be
twelve months on for-
months from the date of such agreement, and any person who may	feiting depoeit.

35" & 36O VICTORTiB, No. 18.
The Waste Lands Alienation Act.-1 8 72.

*ART Ir.

- have entered into any agreement for porclmse of land under any of the Acts hereby repealed, may a t any time within twelve montlls from the date of such agreement, by giving tlie Commisioner a written notice of his desire to forfeit the amount paid by him as deposit, and to be released from such agreement, and by surrcn- dering his copy tl~eveof, have such agreement cancelled, and there- upon such land shall again be open for selection, and such person shall bc entitled to make any other selection in the same manner as-if' such agreement had never existed.

Selectors to send in	2 7, Every selector	sl~all,	within fourteen days from the expira-
returns.

tion of each of the first four years from the date of his agreement deliver a t the office of the Commissioner a return containing all the particulars mentioned in the Sixth Schedule to this Act; and the omission to deliver any such return shall r e d e r the land in respect of wllich such returr~ should have been delivered liable to fbrfeiture a t the discretion of the Governor in Council; and the making of any wilfully inconlpletc return, or any false statement in any such return, sbnil be deemed to bc a fraud nnder this Act; and the truth of the stateulents i11 every sucl~ return, shdl be: declared bcfbre some one of the persons autliorieed by clause 52 of this Act to take decls- rations, and every such return shall be deemed a declaration within the iuenning of the said clause.
When nlore tkw one

Section i~:cluded in

28, When more thnn one Section is held, by the same selector deczncd to anldy to all the land included it1 such agreement or I I Y ngreements taken together, as if such land were coru+ised in one block, and not to cach Section separately.

Beme agreement, con. under one or more agreement or agreements, the corditions '1s to

dition	sections. apply	improvemei~t~,	ploughing, cultivn&m, and residence, shall be
Landa held upon

credit not to b~

29. No conveyance, tramfer, or lease, or agreement to convey,

transfcrreil,except

transfer, assign, or l~i lse

any lands sold on credit under this

under certain	Act, s1d1 Imve any fbrce or eff'ect, ~mless	the same sllall have
circurnatanccs,

been approved by the Governor in Council: Provided always,

that the Governor in C~uncil, on being satisfied that all required

improvements have been xuade, and all otller conditions of the agreement have been fillfilled, and that the selector is unable to occnpy such laud, from illness, physical incapacity, or necessary absence finorlr the said Province, or in cases where a woman holding lmds upon credit shall marry, or where the personal representative or devisee of a selcctor shall dcclinc to bold such land, may approve of n transfer being made to some person to be named as transferee, who shall tlweupon, if he shall have previously signified his accep- tance of such tmnsfcr, be bound by all the conditions of the agree- ment, in the same nlanner as if Ire had been the original selector: Provided also, that no such transfer shall be made so as to enable any person to hold upon credit, under this or the said repealed Acts, more than six hundred and forty acres at any one time.
Conditions in agree*

mente may be

30. Any condition contained or implied in any agreement, or

imposed

35" & 36" VICTORIB, No, 18.

The	Waste Lands Alienation A c t. 1 8 7 2.

imposed on any sclcctor ~lnder

t,lzis Act, may be performed or

PART

completed by the personal representatives or devisees of such sclec- performed by repre-

~entatives of

deoeased

tor; and if anv person sl.lall become entitled to lands held upon s,l,cb,,
credit under &is' Act, as the personal representative or devisee of
any selector, such personal representative or devisee shall hold the
same upon t11e same terms and under the same conditions as the
deceased selector, except that i t sl~all not be obligatory on such
personal representative or devisee to comply with the conditions
reyuirirrg resideme.

Who may not hold

31. No person under the age of eighteen, or nlarried woman, except a married woman who has obtained a dccree for judicial	lnnds on terma of
credit.
separation, binding according to the laws in force in the said Pro- vince, shall be cntitled to hold, eitlier directly or otherwise, any land upon credit under this Act, unless such person or married woman shall become entitled to such lands as tlle p e r s o d represent~tive or devisee of any selector. Provided that should a worn an holding lnnds upon credit subsequently marry, i t shall be lawful fbr her to transfer the 1;mcls held by her to her husband, upon his entering into such agreement as b a y Le required by Jythc Comnlissioner.

32. If any selector under this Act shall be adjudicated insolvent

Crown, and

held by him upoil credit under this Act shall revert to the. Crown p m e n b p a i d

ancl shall be opeu to re-selection: Provided always, that the

7 Estates

&C., to revert

inaOl~enb~

or shall assign his estate for the benefit of his creditors, all lands veut upon such land to Le valuecl, m d the amount of such valuation shall, wlleri paid for by the person re-selecting such land, he payable to the assignees of the estate of such i~lsolveni, after deducting the cost of lnaliirlg the valuation.

33. No person shall select lands as agent, srrvmt, or trustee of, No

own

n g e n t t o W

name for another.

i n h

or for any other person, or enter into any agreement to permit any a-

2-5

P, 8%

other person to acquire by purchase or otherwise the lands in respect

of whicll auch application is n~ade	or any part thereof, or the appli- &c
cant's interest therein.

34. Sothins herein shall prevent any bona j d e applicant Notbin~"a"prevent

donca *e

applicant

from employing an agent duly authorized to make appli- employingngentto

cation in the name atld for the declared use and benefit of such 2

;

applicGnt"

applicant; 2nd all Lontmcts, agreements, a~td securities which shall be ente~ed into, made, or given with the intent of viola- tiug or evading any of the provisions of this Act, shall be and are be raid.	Certain contracts to
hereby dcclared to'be :L fraud under this Act, and between all the parties thereto, illegal, and absolutely void at lam and in equity.

35. The C g m m i s s i u on being satisfied that any selector has In certain canem

been guilty of fraud under this Act, or has violated, or failed tp ,,k,a.	agreement may be,^
perforx&my o f the-conditions confained or implied in or by his agreement may publish in the Gazette a. notice in the form or to the

effect

k> 1 ;74

66 95" & 36" VICTORIB, No. 18.
The Waste Lands Alienation Act.- 1872.

PART

11.

effect of the Sev,enth Sdedule to this Act, which notice shell either before or after its publicatioii in the Gazette bc also served upon the selector, or posted'to his last known address, or the place of rkidence mentioned in his agreement; and during the month following the pub- lication of the said notice it shall be lawful for the selector to furnish to the Commissioner m y documentary evidence whicli such selector sha,ll consider necessary (such docun~cntnry evidence to consist of a statement or statements in writing, signed by the selector or any per- son desiring to testify to any facts on his behdf. and declared to be true before somc one of the persons authorized to take declarations under this Act) tlmt he has not been guilty of the fraud under this Act: or

has not wilfully violated or failed to perform the conditions of his

agreement mentioned ill the said notice (as to which the bvrthen of proof shdl be upon the selector); and if the selector slrall furkish no such evidence, or if the evidence so fhrnished by him shall fail to prove to thc satisfaction of the Governor in Council that the selector has not been guilty of thc fraud izuder this Act, or has not wilfully violated or hiled to perform the conditions of his agreement as men- tioned in the said notice, it shall be lawful for tlie Governor ill Council

at m y time after the expiration of the said month from the publication

of the said notice to revoke the said agreenlent, and resume possession of the lnnd therein described; and thereupon no clairu a t law or in eqoity under such agreement (except as against the selector) shall be made, entertained, ur enforced iri any Court; but the selector shall be taken to have forfeited all right, title, and interest under his agreement, and all money paid thereunder, and to be, as to the land therein described, a mere trcspasser; ancl the production of' a copy of the Gazette containing a notice by the Commissioner of such revocation and resumption s'uall be conclusive - -- evidence t b t

such ageement

has

been P

la~-xuldG&

X&Skmd

therein

- -

mentionea has been lawfully resimed.

- --

--------

_-- -

Selector whose agree-

36, No selector, whose agreement shall be so revoked, shall be

ment revoked, not to

entitled or allowed to select or become thc purchaser of the same

to plect

again.

or any other land, upon credit under this Act for the space of two years frorn the date of such revocation, arlytliing hereinbefore contained to the contrary notwithstanding.

PABT m.

PART

m.--Alienation

and sale by auction for cash or credit:

Lands which have

37. Any waste 1am-I~ which have heretofore been offered at

passed the hammer to

auction and riot sold, and which still remain unsold, and any waste

,,,

sde

C U ~.

lands which may be offered for sale at auction under the provisions of this Act and not sold, may be sold for cash or credit by private contract at prices not less than the respective upset prices at which such lands have been respectively last offered a t auction.

Townshi~landstob~

38. Town or township and suburban lands shall be sold by auc-

aold for cash.

tion for cash arnd not upon credit.

country lands open

39. Any country lands which have not heretofore been offered at

auction

*
35" & 36" VICTORTX, No. 18.
The Waste Lands Alienation Act.-1872.

auction, and which have been open for selection under the pro- -pa8~

I*]-

visions of either of the said repenlcd Acts or of this Act, for n forselection under

this Act may be sold

period of one year, and remain nnselected, and any reclainicd h,

,,,h

,ft,.,

hfivins

leads, or improved lands whicll bare bee11 open for selectioli and :

;r;d;;;F-

;

remain unsclectcd for a like pe~iod may be offered for sale a t and a statement has

auction for cash or credit as to country lmds, at nn u p s ~ t

pricc of One Eii$.id,kfore

Pound per acre, and as to reclaimed larids or improved lands, at such an upset price, not being less than 01le P o ~ d per acre, as may be fixed concerning the same: Providcd that any couiitry Proviso for lcnaing
lands which have been heretofore offend, or shall, after the l"dafterfivoye"s*
passing of this Act, Le offered for sale bv auction ant1 not solti,
and which shdi II~LVC rcnmined, or shall remain, ~ulsold for n period
of five years from tbe date or rcspectivc dates on which the smlc
were so off'ered for sale may be offered if1 l ~ l o c l i ~ of nut more thnn
t l w e thousand acrcs on lease fbr ten years a t 311 :maunl n:ntal of
not less thnn Sispcrwc per acre, ~vitli B right of purc11nse a t ally
time durinq the currency of the lease at r r ~ ~ ~ n t y Sldlings per acre;
aud such l ' k e s shall he oit'ered for mle by n.uction ;mtl sold to the
bidder of the higliest a m u d rental at such sale sul~ject to any rcgu-
latious which may be made in thai behnlf under the prorisioas in
this Act contained: Provided also that 110 s ~ d r co~mtry land^, re-
claimed lands, or improved lands s l d l be offered for sn1c"for casL or
credit until dfter a katernent 1x1s been laid before Parlinmeilt for
thirty days, showing the particulm-s of the lands prolmsed to Le so
offered for sale, and the price at w l h h it is ~roposed to offer the
same respectively.

40.

Any special country lots may bc solcl by auction for cash or Special c o u n t y lots

may be sold fur cash

on credit.

or crcdit.

41. The Governor in Council may from time to time fir; m Governor to fix upset

price of town, town-

upset price at which town, township, or suburban lands and special ,hip, .,

,,arban

country lots inay be respectively offered at mctiou, and inny from Inn"-

tiine to time raisc and lower such upset prices: Provided a1 ways that

such upset prices sliall 11ot bc less in m y case than One Pouild per acre.

42. No lands shall be offered a t auction until after a statement, Lands to he gazetted

shewing the particulars of such lands, n t d the upset pricc at which

before offered at

it is proposed to offer the same, respectively, and the tiinc and place

at which such auctioil will he holden, has been pu'ulisl~ed for four

consecutive wecks in the Gazette.

43.

Nothing in this Part of this Act shall prevent any lmds hcin 0- Lands to be ~ ~ W * Y S

a open for selection.

selected upon terms of credit, uiider the foregoing provisions of this Act, at any time prior to the advertisement for tile sale by auctioq of such lands: Provided that should the lands so advertised for sale bc not sold, the said lands shall again be open for selection on credit or sale by private contract for cash.

44.

No waste lands shall be sold for cash, a t public auction u~;less

pumhasc

lands s i J ? by aurtion

on condition of the purchaser paying a t the time of

sale, ill mudy ,v~,,. m so p i i l,

Y	~ u q n e y

35" & 36& TICTORIB, No. 18.

The	Waste L a d s Alienatio~ Act.-1892.

money, a deposit of at least Twenty Pounds per centurn of the pur- chase money, and of paying the residue of such purchase money within one calendar month next after the time of suc2i sale by auction; and in case of the failure of such purchaser to pay the residue of such purchase money within such one calendar month, the deposit shall be forfeited, and the sale of the said lands slmll be null and void.

PART

IV.-General

Matters and Procedure:

-.
Improvements under

@storal leaaes.	45. When the improvements on any improved lands open for selection under this Act Lave been made by pastoral lessees of the Crown, the value of such improverncnts shall be paid to theTreasurer in cash b j the gerson selecting.such Imds; but the amount so paid shall he allowed' in computing the :mount required to be*ex- pended by such person in improvements under the provision:, of
this Act.

Cultivation	o f olivea,	46. If any selector sl~all	be desirous of engaging in the cultivation
&C.

of osiers, olives, mulberries, vines, apples, pears, orailges, figs, almonds, m hops, or such other plants as the Governor in Council may define by Proclamation in the Gazette, the planting and cultivating in a husbandlike manner of one acre of land with any of the above trees or plants shsll, for all the purposes of this Act, be deemed to be equivalent to the cultivation of six acres of sucli land as herein- before defined: Provided that such cultivatiag.ba bnrd$de continued and kept up to the satishction of the Comnnssioner until full pay- ment of tlm purchase-money, but not otherwise: Provided that if such selector shall wish to grow artificial grass, as a rotation of crops, he may, every third year, plant and cultivate lucerne or artificial grass for such purpose, and in that case the planting of three acres of land with lucerne or artificial grass during such third pear shall be deemed to be equivalent to the cultivation of one acre of cereal or root crops.

Seleotors under re-

pealed Acts may avail	47. Any selector under any Act repealed by this Act who shall cultivation and residence, or who, having two or more agreements of different dates for purchase upon credit under any Act so repealed, shall be desirous of obtaining a consolidation of such agreements at an average date, may apply in writing to the Commissioner accor- dingly; and, upon the approval of the Governor in Council, shall be entitled to surrender such agreements, and to enter into a fresh agreement under this Act in respect of such lands for the term unexpired under such agreements, calculated trom the average date thereof; and at an average of the purchase-money and interest agreed to be paid in the said several agreements: Provided that no such approval shall be granted by the Governor in Council, unless the selector so applying shall prove to the satisfaction of the Governor in Council that he has actually been engaged in the
themselves of this Act	be desirous of avding himself of tlie provisions hereof in respect to
and consolidate agree-
ments.
bond $de cultivation of at least one-fifth of the whole of the land
held by him under such agreements, and has complied with all

the

35" & 36" VICTORIB, No. 18.
The Waste Lands Alienation Act .1872.
the other conditions under which he holds such lands, except that residence on the land held under any one of such agreements shall, for such purposes, be deemed n residence on the whole of such lands; and provided also that before any such application shall be granted notice thereof shall bc published'for three weeks consacu- tively in the Gazette.

48. When any person shall occupy, or be in possesaion of any waste lands, under or by virtne, or Gnder color of any agreement	Any unauthorized oo- oupier under agree-
ment which has been revoked, may be dL-
entered into under this Act or any Act hereby repealed, which is void,	possessed.
or has expired, or become forfeited,.or has been revoked ~ d e r this Act, or any Act hereby repealed, or shall remain in unauthorized occupation or possession of such lands, and shall refuse or neglect to deliver up possession of the same to any person authorized by the Commissioner in that behalf, such last-mentioned person, or any other person authorized by the Commissioner, may apply, upon an informs- tiou to be laid by him, in the form or thc effect sct out in the Eighth Schedule to this Act, to any Justice of the Peace for the said Pro- vince, such Justice shnll issue a surnulons in the form or to the effect set forth in the Ninth Schedule to this Act, calling upon the occupier of such lands to appear, at a time and place to be therein specified, before a Special Magietrate, or any two or more Justices of the Peace, who may hear and determine the mattcr of such infor- mation in R; summary way, ex parte or otherwise; and, upon proof to the satisfact~on of the Special Magistrate or Justices who may hear the complaiut at the time and place so spccified, or at any adjonrned hearing of the said complaint, that the lands referred to in such summons are held under or by virtue, or urlder color of an agreement wllicll has become forfeited and void, or has been revoked, and that such lands are in the unauthorized possession or occupation of the person summoned, a warrant shall be issued by the said Special Rfagistrt-lte or Justices, in the form or to the effect set forth in the Tenth Schedule to this Act; and every constable or bailiff to whom such warrant is directed, may forthwith execute the same

according to the tenor and exigency thereof in the sanle nrmner as	any warrant of possession, or writ of haBere+ficcias posszssionem, may
now be executed by virtue of any law existing at the present lime in the said Yrovince; and the jurisdiction of such Special Magistrate or Justices shall not be taken away or deemed to be ousted by any
claim of title, question of property, or suggestion of right, whether
mase bold fide or otherwise, which insy be-raised by the occupant at any such hearinq as aforesaid, but all matters relevant to, and arising out of the >nformation laid as aforesaid, shnll hc heard and finally determined by such Special Magistrate or Jnstices.

49. Every proceeding under this Act for the recovery of the posses- Pmceedinge to be

sion of any waste lands as aforesaid, where no other method of pro-	act	NG-
cceding is by this Act provided, shall, subject to the provisions of this Act, be bad and taken, and all informations and summonses under this Act may be heard spd determined in a summary way by n Special Magistrate or two Justices of the Peace for the mid Pro-

vince
(I
70 3@ & 36" VICTORIB, No. 18,
The Waste Lands Atienation Act.--1872.

P A ~ T	vince, under the provisions of an Ordinance of the Governor and Legislative Council No. 6 of 1850, To facilitate the performance of The duties of Justices of the p e k e out of Sessions Gitli respect to summary convictions and orders," or of any Act hereafier to be in force relating to the duties of Justices with respect to summary convictions and orders; and all orders under this Act may be enforce5 as in the said Ordinance, or in any other Act is, or shall
be provided; and no order or procecdiug of any Special Magistrate
or Justices, made under the authority of' this Act, shall he appealed against, or removed by certiol-uri or othertvisc, into the Supreme Court of the said Province.

summaq proceedin@

not to prejudioe other

50. Nothing in this Act contained shall render it compulsory for the Cornmissioncr to adopt the summary procedure for recovery of possession of waste lands hereinbefore prescribed, or shall affect or take away anv other remedy of or an behalf of I-Tcr Majesty for recovering pbssession of waste isnds, i ~ u d tllc provisions of tile L' Waste Lands Amenciment and Procedure Act, L 869-70, Pnrt 11," shall also be applicable for the recovery of possessiou of any waste lnnds which may be described in any void or revolted tlgreeluent under this Act.

remedies.

Begulationnmay be

51. The manner in which all sales of lnnds shall be conducted

made.

and the times when the same shall take place, and all other matters relating to the conduct and management of such sales in accordance with the provisionr of this Act, may be lixed and determined by the Governor in Council, who may make and publisli such regdations as to him shall seem meet, for carrying out the objects, purposes, and provisions hereof; and n ~ n y from time to time rescind, alter, and amend the same, and make other regulations in lieu thereof for carrying out more fully such objects, purposes, and provisions; and . every regulation, when publislled in the Gazette, shall have the force of law: Provided that :I copy of all regulations made under the authority of this Act, sha!l be laid before Parliament within fourteen days from the publication thereof, if the Parlianient

shall be then sitting, and if' the Yarliail~ent shall not be then

sitting, then withi11 fourteen days from its next sitting for the

dispatch of business.

False declaration a

52.

Declarations uuder this Act, may be made and declmed before the Commissioner, the Surveyor-General, Justices of the Peace, notaries public, commissioners for taking affidavits in the Supreme Court, and such other persons as the Governor in Council may appoint under this Act for that purpose; and if any pcrsm wilfully make

miademeanor.

any f'alse statement in any dcclaration made in pursuance of this
Act, he shall he guilty of s misdemeanor, and shall be punishable as if guilty o f wilful and corrupt perjury.
In the name and on behalf of the Queen, I hereby

assent to this Bill.

JAMES FERGUSSON, Governor.

SCHEDULES

35" & 36" VICTORIX, No. 18.

The	Waste Lands Alze;lzatiu?z A c t. 1 8 7 2.

SCHEDULES REFERRED TO.
FIRST SCIIEDULE.

DeJinitions 9f

Lands zuithirh the Li~ze

known as Goycler's Lim of IZaz:nfZZ.

First-Commencing

a t a point on the eastern shore of Spencer's Gulf true west

Clausc 2.

of the south-west corner of the Hundred of Wongyarra; thence true east to said corner; thence north and east along Ilundred boundary, to Mount Remarkable; thence fiorth, wcst, east, and south along boundaries of Hundreds of Gregory and Wongyarra, to a point on the east boundary of the Hundred of Wongyarra, true west of north-west corner of the Hundred of i lppila; thence to said corner, and along Hundred boundary, to north-east corner of Hundred of Appila; thence north, t o north-west corner of Hundred of Pzkina; thencc east arid south along Hundred boundaries, to nortll-west corner of Hundred of Yongola; thence east and south along boundaries of said Hundred, and east to north-cast corner of Hundred of Terowie; thcnce southerly, along east boundaries of Hundreds of Terowie, Hallett, Kingston, Kooringa, and Apoinga, to south-cast coruer of last-named Hundred; thcnce along north boundary of Cnunty Eyre, to Pu'orth-West Uend; tlicnce along the River Murray, to the north-east corner of Hundred of Younghusband; thence south and west, by Hundred boundaries, to north-east corncr of Hundred of Burdett; thence south, east,, south, west, and south, along Hundred boundaries, to south-east corner of Hundred of Bonncy; thence south-easterly, to north-east corner of Hun- dred o f Santo; thence along Hundred boundary, to north-west Soundary of pastoral lease 493; thence to north-east corner of said leme 493; thence south-casterly, along eastern boundaries of leases 493, 121G, 199, 963, 200, to south-east corner of lease 200; thence west-south-west one and a-half miles; thcnce south-south- easterly, by boundary of lcase 203, to n point eight chains from its south-east corner; thence to noith-east corner of lease 223; thence to north-west corner of lease 284; :!nd thencc to its nortbernnlovt corner; thence north-north-westerly, by boundaries of

leases 168 and 1 5 9 ~,

to south boundary of Hundred of 1,ocllaber; thence vest and

north by boundil~ies of said Hundred, to a point three nrd a-half miles south of its north-west corner; thence by west and north boundariev of lease 539, to west boundary of Hundred of Glen Roy; thence north, along Hundred boundary, lo west boundary of lease 156; thence north-westerly and northerly, by western boundaries of lesscs 136, 991, 913,824, to north-west corner of lease S24; thence northerly, to south-west corner of lease 225, and along west boundaries of lease8 225, 224, and 574, and east-north-cast to north-east colner ol' l ~ a s e 574; thence true east, to east boundary of Province; thence true south, along Provincc boundary, to sea-coast: thence following the sea-coast, to the point of commencement; also, including Hun.-

dred of

Davenpo~t,

Kangaroo Island, and Wauraltie Island.

Second-Bounded

by a line commencing a t a point on the wcstcrn shore of

Spencer's Guif due cast ol Dsrkc's Pealr; thence south-westerly and northerly, following the sea-cvast, to a point about half a mile west of the north-west corner of lease 1992; thcnce east to north-cast corner of said lcase; thence north to north- west corner of lease 1938; thence east along northern boundary of said lcasc, to its
north-east corner; thence along the northern boundary of lease 1985, to its north-
east corncr; thence along the southern houndarics of leases 1596,1733, 1G52, to the northern angle of lease 1975; thence south-easterly, to Tooligie; thence eafit by south to a point thirty-one miles true south of Darke's Yeak; thence north to Darke's Yeak; thence true cast to the coast, the point of commencement; also, including Taylor's, Grindal, Thistle, Little, Lewis, Smith, Williams, IIoykins, Liguanea, and Wedge Islands, the Gambier Isles, Sir Joseph Banks's Group, and Flinders Idands.
--

Application for

Selection.

in	Clause 15.

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

the Hundred of
under the provisions of "The Waste Lands Alienation Act, 18'12," and I herewith
tender
z
3iio & 3fj" VICTOgTZ, No. 18.

The Waste h n d s Alienation A c t. 1 8 7 2.
tender and pay the sum of
as and for three years' interest; in advance upon such purchase money [ z f thz applica-
tion is f o r improved lands add-and the sum of being the amount
fixed for the value of the improvements (or cost of reclamation, U S the case may be)
on such land I intend to reside upon such land if the same is allotted to me [or as

writing in the terms and in the form provided by the said Act.

the case m a y 1 e] and I undertake to sign within twenty-one days an agreement in

Dated this

day of

,l8 .

f SigncsCurej.
f Occupation).
{Address).

T H I R D

SCHEDULE.

Form o,fRece+t for Pccyment i n advance of First Instalmelzt of

Interest on Purchase

Money.

Clause 17.

Received this day frotn

the sum of

pounds, being three

years' interest in advance upon the purchase money for Sectisn No.

in the Ilcn-

dred of

, County of

and containing

acres of land situate in

fif die recei;ot i s f o r reclainzed improved lrtnds ndd-and

also the sum of

6eir,g the amount fixed for the value of the improvements (or cost of reclamation, as tfie case may 6e) on such land], and the said is to enter into an agrecment within twenty- one days fro~fi the date of this receipt in accordance vi th " The 3fTaste Lands Alienation Act, 1872."

Dated this

day of

, 18

(Xignature of

Commissioner of

Crown Lartds or oflcer nppointed by him.)

FOURTH SCHEDULE.

Form of Agreement of

S u b and Purchase on Credit.

Clause 21.

NO.

MEMORAN~UM

of agreement made the

day of

, bctwcen

the Commissioner of Crown Lands and Immigration of the Province of South
Australia, hereinafter called the vendor of the on; part, and

of	hereinafter called the purchaser of the other

part, i t is hereby agreed between the parties hereto, that the vendor shall sell, and

the purchaser shall purchase, all that piece of land, being

fee simple at the price of ;f:

to be paid in the manner provided in

The Waste Lands Alienation Act, 1872."
It is also agreed by the said parties as follows, that is to say-
1. The purchaser shall and will take possession of the said land within three months from the date hereof, and, after the first six months therefrom, shall continue to reside [or keep his son, stepson, son-in-law, or manservant, continually residing, as the case
may be], on the same during nine months on3 of every twzlve months thereafter,
until the payment of the last instalment of the purchase money.

2. The purchaser shall and will make substantial inzprovements upon the said land before the end of the fiecond year, to the extent of five shil1il:gs per acre;

beforc the end

of the third year, ta the extent of seven shillings and sixpence per:acre; before the end of the fourth year, to the extent of ten shilliqgs per acre; such improvements to consist of all or any of the following, that is to say-erecting a dwelling-house or farm buildings, sinking wells, constructing water tanks or reservoirs, putting up fencing, draining, and clearing and grubbing the said land.
3. No fence shall be deemed to be a fence within the meaning of this agreement, unless the same shall be a wire fence, or constructed of posts and raild, or wires, or of atone, or other substantial material, and ordinarily capable of resisting the treepass of
great cattle.

4. Any

35" & 36" VICTORIrE, No. 18.
The Waste Lands Alienation A c t. 1 8 7 2.

Any p~r son,

authorized by the vendor, may at all reasonable times enter upon

the said lands, tr, view the said lands, and any improwments thereon.
5. The purchaser shall and will, during each and every year, until the whole of the
purchase money has been paid, plough and have under cultivation at least one-fifth of
R U C ~ land, but in the event of the purchaser not cultivating stlch one-fifth of the said
l a d during the first year, he shali and will during the next year cultivate a t least tmo-
fifths of the said land.
6. The purchaser shall ancl will send in to the vendor true returns, as provided by ."The Waste Lands Alienation Act, 1872."
All improvements, ploughing,.and cultivatiox~, made by the purchaser, shall be subject to the valuation or inspection, as the case may be, of fiuch officer as the vendor mGy appoint for that purpose, whose valuation shall be conclusive, and binding on the parties hereto.
7.
8. The purchaser shall and will make the payments of interest on his purchase

money and pay the amount of such purchase money on the days and at the times on

and at which the same respectively shall become due and payable.

9. The purchaser shall and will not at any time, until he has paid the whole of his purchase money, ctseign, transfer, or make ovcr the said lands, or his rights under this agreement, nor shall he attempt so to do;nor shall he grant any lease or other tenancy of or over the said land, unless and until he has obtained the consent of the Governor in Council for that purpose.
10. This agreement ia made subject to the provisions of "The Waste Lands Alienation Act, 1872," and of any regulations made or to be made thereunder, and
any such regulations which may hereafter be made, shall be equally binding and

obligatory on the parties hereto, as if this agreement had been made subject thereto.

11. Upon breach of any of the foregoing conditions, or upon the publication of a notice in the Gnzette, that the Govcrnor in Council has revoked this agreement, or if the purchaser shall do any act declared by "The Waste Lands Alienation Act, 1872," to be a fraud under that Act, or in eithcr of such cases, the purchaser shall forfeit all bencfit under this agreement, and sllall deliver up to the vendor, or whomsoever he may appoint, the said lands with all improvements, thereon; and this agreement shall become void, and the purchaser may be dealt with undcr " The Waste Lands

Alienation Act, 1872," as a person in unauthorized occupation of such lands.

I n witness, &c.

(8ignadures)

, Vendor (L.s.).

, Purchaser

(LA).

FIFTH SCHEDULE.

Clause 23.

, of

in the Province

of South Australia, do hereby actually and 6ona Jide engage to cultivate Section No.

in the Hundred of

(or as the case may be), con-

taining

acres, and I make the application forwarded herewith, and bearing date

the

day of

, for the

purchase upon credit of Section (or Sections) No.

, Hundred of

,	solely and entircly for my own use and bencfit; and I do hereby

solemnly and sincerely declare that no other person or persons is or are interested with me, either directly c r indirectly, in applying to select such Section (or Sections) as aforesaid, other than the person or persons wllonl I may from time to time place thereon to cultivate the same on my behalf; and further that I am not now interested. either directly or indirectly, in such a quantity of land held upon credit as, together with the Sections of land now applied for, will arriount in the aggregate to more than six hundred and forty acres. And I make this, my solemn declaration, conscien- tiously believing the szme to be truc.
A. B.

Declared at

in the Province of South Australia, this

day of

before mc.

C. D.

~ T Q

6e written or printed at the foo t of every declal.ntion.]-NOTE.-If

any of the

statements contained in the above declaration are untrue, the person making the
same will be liable to the penalties of wilful and corrupt perjury.
S IXTH
35" & t;6* VVfCTORI-B, No. 18.
The Waste Lands Alienation Act.-1872.
SIXTH SCHEDULE.

Return rendered it cofiformify with

T h e Waste La&

Alienation Act, 1879:'

h~rovement s

and Cultivation

ahuwing

the iITature, Extent, and Value of

made during the Year ending	15	,	tipon Land purchased
on Credit, and Isngth of residence thereon.

Name of Purchaser
H u n d r e d or Area in which the Land is situated
Nos. of Sections

Nature and Extent o f Improvements.

Valne.

BUILDINGS.

(State whether dwellings or farm
buildings, and give the dirnen-
sions of the buildings, and ma-
terials of which they are con-

slructed).

FEXCEG.

(Stato the kind of fenco put up,

and the length).

WELLS, TANKS, OR RESERYOIRB.

(Give description and rneasuromont)

DRAINING, CLEARTXG, OR GRUBBING.

(Give description of timber and area cleared).

Total,

.. .. .

Quantity of land under cultivation, and nature of such cultivation.
Length of time that the se!ector has resided on the land during the Scar [if such
selector is not personally residing on the land, state the Christian and surname
of the person who has been residing thereon, and the time he has ao rcsided].
I, the undersigned, being the purchaser upon credit, of the Sections above described, hereby declare ttmt the above is a true and correct statement according to
the best of my knowledge and belief.
Signature

Dated the	day of
Witness-

SEVENTH SCHHIJULE.

Notice of i~ztsntion

to revoke Apeenzentfor the Purchase o j Land on Credit.

the purchaser of

Section No.

situated in

under an Agreement

under b' The Waste Lands Alienation Act, 1872," dated the

day of

16.

Take notice, that it has heen shown, to the satisfactiiin of the Commislsioner of Crown Lands, that you, the above-named, have [been guilty of fraud under the said Act], or Lhave violated, or failed to perform, some of the conditions of the above-mentioned agreement], inasmuch as you have (or have not) within the terms and meaning of such agreement, and of the said Act, and the regulations i n that behalf duly made (slate nature of thefraud, or Breach of conditz'ons complained of): And further take notice, that during the month following the publication hereof in the Gazette, you are at liberty to furnish to the Colnmissioner of Crown Lands any docunlentary evidence that [you have not been guilty of the fraud under the said Act above-mentioned], or [that you have not violated, or failed to perform, the conditions of your agreement as above'-mentioned], as to which the onus of proof is upon you: And further take notice, that if you furnish no such evidence, or if the evidence furnished by you fails to prove t o the satisfaction of Hi8 Excellency the Governor, by and with the advice and consent

35" & 36" VICTORIIE, No. 18.

The Waste Lands Atienation Act.-1 872.
of the Executive Council, that you have not [been guilty of the abovementioned fraud under this Act], or [violated, or failed to perform, the above-mentioned conditions of JOUr agreement), it will be lawful for His Excellency, by and with the advice and consent aforesaid, to revoke the said agreement, and resume the lands therein described, after the expiration of one month from the publication hereof in the said

Gazette. Dated this

day of

18.

Comxnissioner of Crown Lands.
EIGHTh SCHEDULE.

Form of

Information. and Comaplidint ayninsd unauthorized occupation of Vmte Landc

Ciauee 46.

of the Crown.

South Llus,+-alia,

The information and complaint of A. B.,

l0 zozt.

on behalf of the Commissioner of Crown Lands, taken this

day of

in the year of our Lord, 18

, before the undersigned, one of

Her Majesty's Justices of the l'eace, i n and for the Province of South Australia, who ssith that C. D., of is the unauthorized occupant of certain

Waste Lands of the Crown, to wit

held by him under an

agreement bearing date day of 18, which said agreement has been revoked, under the provisions of "The Waste Lands Alienation Act, 1872."
Sworn before me the day and year first above-mentioned, at
J.P.

- -

NINTH SCHEDULE.
Iibrtn OS Summons to Dispossess Lhauthorized Occupant.

South Austmlia,

I n the matter of " The Waste Lands Alienation Act, 187'2," and

io wit.

between

, on behalf of the Commissioner

of crown. Lands, complainant, and

occupant:

You are hereby summoned to appear at

before a Special

Magistrate, or two or more Justices of the Peace, on the

day of

at o'clocls in the forenoon, to answer the complaint of on behalf of the Commissioner of Crown Lands, that you are in the unauthorized and illegal occupation of certain waste lands of the Crown, to wit

held by you under an agreement, dated the

day of

, l 8

which aaid agreement has been revoked, under the provisions of "The Waste Lands Alienation Act, 1872," and that you neglect and refuse to deliver up posseosion of the said lands.

Dated the

day of

I n case you fail to attend this summons, upon proof of reasonable notice to you of the same, the complaint will be heard in your absence, and euch order made as to the said Special Magistrate OT Justices shall seem fit.

TENTH SCHEDULIS.

Form of tVarrant to Dispossess Unauthorized Occupant.
South Australia,

io wit.

In the matter of " The Waste Lands Alienation Act, 1872," and between
on behalf of the Commissioner of Crown Lands, complainant, and
A. R., occupant,

the Bailiff of

and all constables and peace

officers. Whereas it has been made to appear to us, and we have adjudged that the aaid A. B. is in the unauthorized and illegal occupation of [here state description of
lands]
These are, therefore, to require you, the said and others, to deliver peaceable and quiet possession of the said land and premises to the said complainant, and eject the said A. B., and all other persons, therefrorn, and for which thie shall be a sufficient warrant.

Given under our hands and seals this

day of

, at

in the Province aforesaid.

Adelaide : By authority, W.

COX, Goyernment Printer, North-terrace.

A A