Crown Lands Alienation Act 1868 31 Vic c 46 - Ozcase Queensland ...

SNNO TRICESIMO PRIM0
An Act to Consolidate and Amend the Laws relating to the Alienation of
Crown Lands.
WEI~~REAS
[ASSENTED TO 28~11 FEURUARY, ISGS.
it is expcdicnt bo consolidntc and amend tlie laws Prenmblo.
relating to the alienaiion of Crowii lands Bc it enacted by the
Queen's Most Excellent Illajesty by and with the aclvicc aid consent
of the Legislative Couiicil and Legislative Assembly of Queensland in
Parliament asseniblect and 1 ) the ~ authority of the same as follows-
PART I.
htroducto~y .
1. At and from the time of the commencement of this Act the
Orders in Council aid several Acts mentioned in the schedule A Acts kc.
hereto annexecl and a~ rules and regulations made thereunder respectively
coiicerniiig thc sale or other disposal of the waste lands of the
Crown micl all otlier Acts 1aws and regthtions if any inconsistent with
the provisions or spirit of this Aut in fo~ci. in the colony of Queensland
at thc time of' the passing of this Act shttll be and a~ hereh;~ repealed
saving always all rights claims peiialties :incl liabilities alre&dy trccrued
or incurred and 111 existeiice But noihing lierein contained sliall alter
Or repeal the Act of the Yarhment of New South TTal(:s twenty
Victoria
ex,stil,g

,
Interpretation of
words.
CroJvn lulda.
Town land^.
Victoria number tmenty-nine Provided al\\iays that tlie satisfaction
of all such rights aid claims as tiforesaid sliall be carricd out accordiiig
to the modes of procedure and suhject to the provisions of this Act
and that no aciioii suit or yroccediiig civil 01' c~iiiiiiial iii aiiy court of
lamr or equity alrendy comiiici~ccd or lic~realkr io be commenccci under
or by i-irtiie of any existing ActJ law or regulation in respect of any
matter or contract8 already doiic suflercd or eiitcrccl into nor any
penalty forfeiture or liability inciirred 01' to be incurred iuiiclcr any
existing Act law or rcgulatioii ill respect of niiy contract already
ciitercd into or aiiy act or matter alrcady donc 01- snffcrecl shall abate
or be waived prc,j~dicccl or hindcrcd by aiiytliing hcrciii contaiued liut
a11 such rights lizhilitics nctioiis suits and 1~rocwcliiigs shall l)c enforced
and contiiiuc to their lti~vfd terniiiiatioii as if this Act hac1 not beell
passed.
L-Ai teqmlu t ioi~ C/msc.
2. The folloi~ iug tcriiis within iiirertcd coiiiiiia~ slid1 for tlie
prposes OS this Act bear thc, mcaiiiiigs set asaiiist them respectii\-clg
unless wliere the context iiiiplies otlierwise-
" Crown Lanc1s"-All lauds vested in Hcr Majesty which
have not been cledicatccl to any public purpose or wliicli
liave not bem graiitcd or lawfully contracted to be
granted to aiiy pcrsoii in fee siinple and all lands
which at tlic time of the passing of this Act iuay
have hecoine or which after tlic passing of this Act
may become forfeited 1)y reason of aiiy breach in thc
conditions on mliicli tlic same haT-e beeii granted OP
contracted to be grantrcl.
" Tonrii I~inds"-All Crown laiids in aiiy city town or villagc
a'lready proclaiiilecl or to be hereafter proclaimed as a
site for thc s:~iiie respectively.
Suburban lauds. " Suburban laiicl~"--All Crowii lxiids within distmcC: of
.)ulltT Lnd.
ring purposes.
ultural land.
two ides from rtiiy town lands.
" Country land "-All laiids not bcing town or suburban lands.
'' Mining pwposes"-The searching and working of land for
and removal therefrom of any iintural iiiiiieral body or
liquid otlier than gold or water.
" Agricultural land "-All the rich scrub forest and opcu
lands suitable for cultivation whether such bc found near
rivers creeks the sea or iiilancl.
lrst-clans pastoral
land.
" First-class pastoral lami "-All good open or lightly
timbered couiitry which though unfit for cultivation is
well adapted for grazing pLu'poses.
Second-clrus paahral " SccOnd-clrtSS ]JLLStOrd kLnd " - All coui~hg lands liot
land. agricultural or first-class pastoral.
Rima.
" Runs"-A11 Cro~vn lancls hcld by lessees Lider any existing
Bettled .districts.
Unsettled distncts.
Township reser'res.
Railway resarves.
law for pastoral purposes aid not dividecl by inteimediate
runs or distinct natural bounclaries.
" Settled districts "--All lai~ds described in scliedulc B to
this Act togetlm with any lands which may lie Iiereaftcr
proclaimed as such as hereinafter providcd.
;' Unsettlecl districts"--hll Crown laucls ~diich at the time
of tlie passing of this Act or nt any time hereafter shall
not have been brought wiihin the settled districts.
'' Township reserves"-All lands witliin tlie liniits described
by proclamabion of thc Governor as fomiing a township
reserve.
'' Railway reserves"-All lands within three ides 011 citlicr
side of any railway at present constructed or tlie line
for which has been smvryed and approved by Parlianient
with a view to future construction. " Governor' '

31” VICTORIA3 No. 46. 499
‘‘ Governor” and “ Governor in Council”-shall be held Governor shall mean
indifferently to mean the Governor mitli the advice of Oovernor in
the Executive Couiicil.
“ Minister”-The
(‘ Gcrzette”--The
Secretary for Lancls.
Quee~~slni~rl Go.z;ei*nmmt Gazette. Gazette.
Minister.
“ Pastoral lease and license” shall respectively include every Pastornl lense.
lease or licensc of Crown lands for pastoral purposes
issued undcr Ilie provisions of aiiy lam-s now in force.
‘‘ Pastoral tenant” shall mean the lawful holder of any pustorRl tenant.
such lease or license v&ether as original lessee or licensee
or the lawful assignee of any such lessee or licensee.
‘‘ Agricultural lessee” shall mean any person mho at the C O ~ Agricultural - iossae.
menccment of this Act shall have ncquirccl any conditional
right to becoaie the purchaser of land in fee simple
under any Act nom in i‘orce relating to agricultural
reserTrcs or under any lams or regulations for encouraging
tlic growth of cotton coffec sugar or any other special
production or unclcr the X,rci::iizg Act qf 1866.
‘‘ Conditional pnrch2ser” “ Lesscc” or “ Homestead lessee” Conditional purcha-
shall mean any person selecting land under this Act sel’--l;essees.
with a right of acquiriiig the freehold of such land on
fulfilling the conditions attached to the occupation
thereof.
“ I)epositor” shall mean any person paying any money to Depositor.
any land agent for the purposes of this Act.
“ Selector” shall mean the incliviclnal person who shall be Selector.
named as such in any selector’s certificate under the
provisions of this Act.
‘‘ Licensed sui’vcyor”-Any person holding a certificate from Licensed sumeyor.
the Surveyor-General that he is compctent to act as c2
survcyor under this Act.
“ Office clays and lio~~rs”-Such (lays and such hours as shall Office clnyannd llouxb.
he notified as tlic days ancl liours respectively upon
which the land aqeiit ibr any particular district county
area or portion thereof respectjvely shall have his office
open for the transaction of liminess undcr this Act.
‘‘ Appraisement”-Settlement of price value or clamage by Appraisemmt.
appraisers appointed in manner prescribed by this
Act.
“ Arbitration”-Settlement in like nianner by arbitrators of hrbitrntion.
bonndaries or of any question or matter in dispute not
coming under the head of appraisement.
‘‘ Frontage”-Frontage to the sea or to any road river stream Frontage.
or watercourse which according to the regulations to be
made under the provisions of this Act ought to form a
bo~mdary between different blocks or allotnients of land.
“Improvements”-Any head station homesteacl store stable hut Iinprorementa.
woolshed sheep pen drafting yard barn stockyard fencing
well dam rcservoir tank trough fencing of sheep paddocks
artificial watercourse or wntering-place garden clearing
cultivation or plantation of trees shrubs or artificial
grasses or any other builcliiig erection construction or
appliance being a fixture for the working or manage-
ment of a r~m farm grazing-farni or plantation ancl of
aiiy sheep cattle OY horses clepasturecl thereon and for
maintaining or increasing the pastoral oi’ agricultural
capabilities thereof Provided that such improvements be
upon land belon,ning: to the Crown.

500 31’ VICTORIlE NO. 46.
RcpIlatioas to be
made.
laiids wlic shall liarc poiver bo exercise the provisions of this Act
Provided hit tllc Goveriior S l d d&r: a1id d.cchrc th(> dutiC< of
such coiiiiuissioncrs ix regulations to bc iiinclc by him for that par-
Regulations to bo
laid ment. before
pose ,111 such ~eg~lhbions sha!l rithiu fourteen clays Of the iSSUc
tliereof bc laic1 bcforc Parliainciit if tiicii sitting and if not within
fourteen days of the eoiiiiiience~ei~t of the iicst scssion.
Governor in Council 4. Each commissiouer shall sit at thc laiid offices of hi<
to determine the time district at certain stnteil tiiiics to be dcicriiiinccl by the Gomriior in
of of tile
Commissioner. Couiicil.
Commissioner's b. All questions siiall be clccided by thc coivliiiissioncr who
decisions to be con-
firnlcd by Governor shall give his decision in open court subject to confirmation by the
in Council. Governor in Council.
Application book to 6. A book to be called the “ Al~plicatioii Book ” shall be kept
be kept. opeii durkig office hours aiid at all land offices in which the name of
Priority of41t to
be heard liom deter.
mined.
cvcry pers xi desiring to malic any application to tlic commissioner
shall be written in orcler by himself or any person duly a~itliorised in
his behalf and such app1ic:uit shall lodge a written staicineiit of the
subject of his application and tlir coiniiiissioner shall consider mid
determine all applications in the order in wliich they shall apliear in
the applicztion book Provided that if any person shall not appear
himself or by any person duly aubliorisect on his liehalf before the
conimissiouer when called in his turn his alqdicntioii shall Isc dismissed
until his ~iamc shall appear again in the booli in order Provided
also that if two or more persons shall apjdy ai the same time for the
same portion to write their names in the application book the land
agent OF his clerk shall bracket their names aiid shall iiiitial the
bracket a d when they shall appcar beforc the commissioner the
commissioner shall determine bhe priority of right to be heard by lot
ancl it sha!l not bc ladul for the commissioncr to hear any applicatioii
escept such as shall be inade in accorclance with this regulation.
Conimissioner to 7. The couimissioiier shall cause to be kcpt true and dctailed
keep niinutes Of pro- minutes ol’ all applicntioiis made and all decisions therein and of all
ceedings.
sums of moncys paid to the landagent and of a11 proceedings and such
minutes shall be signed by him and shall be open to the inspectioii of
all persons desiring to inspect the same during office hours.
Notice of resumption 8. Within four qdis of the passing of this Act notice of
to bc glyentolloldcrs resumptio,i to the ho!dsrs of runs within the settled districts as
3f mns.
required by the forty-fourth clause of tlie Act twenty-seven Victoria
number seventeen aiicl not already resumed under the Agyicultzcral
Resemes Act of 1S63 shall be given by the Minister for Lsiids and on the
expiration of the period fixed by szicl Act of twelve montlis from the
date of such notices such lands shall be opeii to selection by conditional
purchasers or for sale by public auction or subsequciit selection
Holders of rims rimy as hereinafter provided Proviclecl always that shodd any pastoral tenant
lun8 within the said settled districts signify in writing to the Minister for
brought iinder operation
of tili9 Act. Lands within six moiiths froin the date of the aforcsaid notice his
desire to Lave his run at once brought under the operation of this Act.
the commissioner for the district in mliich such run is situated shall
iiiclicate to the Minister for Laiids such portions of such run as niay
probably be needed for townships or railway reserves and it shall
be lawful for the commissioner to call on the pastoral tenant to di&k
the remainder of the run into tm7o parts as nearly as may be 11y a
right line or natural feature 2nd the comniissioiier shall then recommend
to the Minister for Lands Ti-liich portion shall be resumed by the
Government and that a lease be granted in favor of such pastoral tenant
for a term of ten years of the part of the ~ L U least likely to be required
for selection or sale by auction not exceeding one half of the entire
sun.
9. In

31" VICTORIZE NO. 46.
c'i O/lli/ 17,1(7> l~~;Pl/ lnay hold his run or runs nC, tlie same rates after selection.
as at present for rent and assessment till the eiicl of the present
term of his lease sulijcct at the espirtltioii of twelve months' notice
as before mentioiied to free sdec Lion by conclilional purchasers or
to sales by auction or sclcction of the whole or any part of his run
or runs rdlownncc in tlic miit 1)eiiig madc at tlic end of each
year in proportion to the quantity of land selected or sold chiring the
year Provided always that not less tlian twelve months before
the expiration of his: prsscnt tcriv ancl from time to tiinc afterwards
leascs for periods of fivc years at the upset price of onc pound per
squarc inilc iu oiic or inore lots of those portions of the runs still
unoccupied or unsold subj ec-l always to iimnediate free selection or
sale as licrcinafter providccl may be offcrccl for sale by lmblic auction
at; the 1:iiid offcc of tlic clistrid nfttcr at least oylc nioiith's notice
in

~ __
31" VICTORIA2 No, 46.
CI*OZOIZ L

thcrcof rcsycctivelp aiitl after aucli proclamation tho laixls comprisecl
within such comitics aiid pari shes respectidy sliall tliuiiccforward bc
recognised by such llallles as coiuntim and parishcs respectively.
21. It shnll ljc la~vfnl for the Qoveriior from tinic to tho to power tu Ive9ervB
grant in trust or by l)rocltLniation to reserw (\ither temporarily or :;i;:;p;z for
pcrinnncntly aiiy Crown lmtls ivliicli in his opinion are or may be
required for quays lannliiig placos tramways railways railway stations
roads bridges ferries canals or other internal comiiiimications or for tlic
approachcq OP otlicr purposes necessarily appertaining to any such
tvorlis or for reservoirs aqueducts or water-coLurscs or for the use or
1)eneiit of blic nborigiiiul inlin1,itanls or for the sites of markets
abuttoirs public baths or vnslihouses schools or colleges established
uiider the supervision of tlic Govcriiment according to any Acts
for the time being in force iiieclianics’ institutes libraries
lniiseums or other instittitions for public non-scholastic iiistructioii
public gardens or csperiiiicntal farms and parks ngricu1i;nral and
liorticultnval societies hospitals asylums infirmaries cstablishments for
relief of iiidigent pevsons lock-ups police stations or pacldoclm gaols
places for the interment of the dead or for the rccre a t’ ion coiiveniencc
health or amusement of thc people or for niiy other purpose of public
dcfeiice sttfcty niility conwiiiencz: or enjoyment or for othermisc facilitatins
the iiiiprommcnt aiicl settlcincnt of tlie colony.
23. Where before the commcncemeiit of this Act any Crown
prevv’ouspromisa
lands have been promised and set apart for any of the purposes to grollt for public
purposes to be carried
hereinbefore mentioned if possession thereof ham beeii given or if out.
trustees thereof ham heeii appointed or if a written promise to grant
the same have liecn givcii by tlie Government aiicl if sucli promise he
established to the satisfaction of the Governor and the fulfilment
thereof bc claimed within twelve iiioiiths from tlic conimenceinent of
this Act aiicl if notice of such claim lias been proclaimed for four
successive weclis thc Goi-criior on behalf OC Her Majesty inay 1rt;vfully
grant! such lands in fee to triistecs for such pryosees.
23. Rftcr :my laad lias hecn tcinporarily resei~xl the stime Ltlllcls rcscrved per.
shall not bc sold uiitil such temporary reservation bt.. revoked manc11tlj not to bo
by tlie Governor aid after aiiy laiicl 113s been perinmeiitly reservecl sO1d’
every conveyance or alienatioii thereof cxcept for tlie purpose for
which swh rescrvatioii has been iilade shall be absolutely yoid
against all persons whomsoever except as apiiist tlie Crown.
24. When any land shall be temporarily reservecl by virtue of xotlcc of reservatlol,
the provisions of this ilct notice of such resersratioii sliall be inserted by Crqwll to be 111-
8ortccl 111 Cfarette.
for a period of not less tlmn four consecutive weeks ancl not iiiore
than thirteen coiisecutive Jveelis as circumstances may require in the
Gouer~ze:zt Guzette and before my sucli teiiiporary rescrvation is
revoked iioticc of aucli rcvocatioii sliall be in lilie imnner inserted as
aforesaid.
2.5. Before :wy land is periiiaiiently rcsewcd uncicr the powers Kotlce pl.lor to per.
of this Act notice of the intention of’ aucli reservntioii shall be mnentreservation.
inserted iii the Govew~meiit Gctzettc for thirteen consecutive Tveelis and
in every snch iioticc thc land proposed to be reserved ancl tlic pnrpose
for which it is to bp rescri-ed shall be f~dlp desciibccl aiicl stated.
26. Wlicn IIer JIajesig has become or may hcreaftcr bccome P ~ to ~ ,11 ~ ~ ,
entitled to niiy lnl~di
citliey by escheat for mant of heirs or by reason case ofeic1mt ,QC.
of any forfeitnrc for trcasou felony or otlierm-ise or by rcason that the
same lias upon inquisition bccn found io liave brcn gmntcd or otherwise
vestecl into tlic use of or in trust for any alien or aliens
it sliall be ladul for thc Govcrnor on behalf of Her Majesty and
according to tlio fornis of this Act to grant auuli lr~uds iii fec-simple
to 011)- persoii for the purpose of restoring tlia same to any of the
family

504
Application €01.
closing unuecesuary
roads.
Application to bu
advertised.
Cousequeut diena-
tion.
Ct-uiwL Lmtls Aliciiatioii Act 4 1868.
-
family of Ilic pcrsoii in wV:ioin or for wliusc bcncfit thc same hacl
Iicen vested or of carrying iiito cffcct any iiitc,idcd grant convcyancc or
clcvise of such last-nicntioiicil pcrson iii relation to such or of rcmarding
tiny person 111aIiing discovery of sucli escheat or forfeitwe or of HCY
Majesty's riglit aiid tiilc tliercto I'rovidcd tltnt before any land under
escheat is re-conveyed 1 q the Cromii such slid be aclwxtised for two
consccntivc inoiitlis in Ihc Govei-mcizt Gcmttc.
27. It shall be lawful for tlie owner or o~vuers of any puxhased
laiid adjoining a road wliicli is req~iircd for access to such Irtnds only
aiid not otherwise for pMic usc or convcnlciice to make application
in writing to ilie Minister that such road may he- closecl.
25. Ou the receipt of sucli applicatioii the Minisicr sldl
cause notice tliereof to be inserted in tlie Grmlte and in such
local newspapers if any as hc niay think aclvisable and fbr sucb period
iiot less than two nor niorc t1ia:i six cideiitlar inontiis coiisecutiw-cly as
lie may think right.
29. At the cxpimtioii of such pcyiocl 25: inst tdorcb:iid if tlic
Govcriior approvcs of such application hc mty orcicr tlic closing 01
snch road anti upon payment o€ such 1)rike as lie may think reasonable
(iiot being less than the original upset price oi such adjoiiiing lands)
together with ,211 clccd fkes under tliis Act a grant in fce ol tlic soil of
sucli road sh be issued to the o~viier or ratcably to the various
owners of siic Y 1 zdjoining land OP as they may rcqucst in the same
niaimer as if such road had liccn purchascrl by him or them at auction
under the Drovisions liereinhefore contaiiicd.
I
sale in consideration 30. Upon application made within twelve montlis after the
of improvements.
passing of this Act hy any psoii who may prior thcrcto have madc
improvements of not less valuc than t8meiit,y pounds upon laiiils coni-
prised within the boundaries of any city town or village OY upoii
iipplication within twelve months aftcr the proclamation in tlic
Goverizineid Guzette of tlie first d e of town lots sitmtecl within
any new city town or village reserve within wliich improvements
may be situated it shall be lawful for the Governor to sell ancl grant
the allotment or allotments containing such iniprovemciits to tlic
owner of such improvements without competition at its fair value in
an unimproved state not being Iess tliaii the niiniiuum upset price of
such lands.
SalCS wlthout corn= 31. In cases in whicli tliere ln~y be no conveiiicnt way of
lletltlon in spcclal access to any portion of Crown lanci or in which any portion niay be
cases.
insufficient in area for public sale or iu wlicli a portion of Crown
land inay lie between land alreacly granled and a street or road which
forms or should form tlic may of approacli to such granted land or in
which buildings erectec! on ltds alrcady granted imy liavo esteudud
over Crown lands or in my 0th cases of a like liincl ilic Go~crnor
may sell and grant such lands to the holder or liolclerd of ac1,jaccnt
lands without competition and at a price to be determined by the
Minister or other officer duly authorised in that behalf.
Limitation of area
thereof.
-Wi?biZbg Pzbrc7~uses.
32. Iu cases wlicre persons or companies shall l)c clcshous of
1)urcliasing laiids for ruining purposes otlier than for gold it shall be
lawful for the Governor to sell the same to such person or conipany
subject to the following coiiditim-
(1.) The area to be sold to any one person or conipaiiy shall
in 110 case exceed six liuiidred ancl forty licrcs iior less than
forty acrcs esccpt wlicrc tho land inay Iiavc been
previously surveyed for salc in which cw,c thc application
may be restrictcd to thc bouncl~rics already 1iiarlicd
not being in any case less than forty acres.
(2.) The

c_
--
3l0 VICTORIJE No. 46. 505
Crotuiz Ln.zcls Alimation Act of 1868.
.-- ____ ______________
(2.) The price shall in no case be less than one pound per acre
and the Governor inay affix any higher price which he
inay deem to be the market value of tlie land without
regard to the minerals therein contained.
(3.) A deposit of five shillings per acre shall be paid at the
tiins of applicatjon and the balance of the purcliasc
money within twelve inontlis (hit ii the land is situated
in cithcr the pastoral clistricts of tlie Kennedy Burke
Cook Mitchell Warrego or Gregory within eighteen
months) from the date of the application being approved
and the applicant shall also proclucc satisfactory
cviclence that he lias expended a sum equal to one pound
per acre in boizdJiilc working tlie minerals on said land.
Lcmd Agepzts.
33. It sliall be lawful for the Governor in Council from time to Power to appolllt.
timc to appoint persons to act on behalf of the Government for the
sale selection leasing and otlier~visc detiling wit11 the various descriptions
of Crown lands according to the several provisions of this Act
ancl such persons shall bc stylecl " lnnd agents " vith the duties
po~vcrs and lialiilities as hereinafter provided.
34. The Governor in Council sliall require a fidelity bond issued aovernment may
by a, public company from each land agent in a sum of not less than requre
five hundred pounds sterling.
35. On receipt of any moneys paydble UiiCk!r the provisions of Receipts to be given
land *gent.
this Act the land agent shall give the depositor a receipt for the same
and shall within seven days thereafter forward a duplicate of said
receipt to the Auditor-General and every such receipt shall be in such
form as the said Auditor-Gencral shall direct.
36. In any case in which any land agent shall npon clemancl fail ~a11d agent to be
subject to proviaions
of Larceny Act of
to account for and pay over to tlie C'olonial Treasurer any money which
lic shall have received from any depositor whether lie shall linve given a 1865.
receipt for the same or not and whether such receipt be or be not formally
accuratc ancl notwithstanding any error or omission on the part of the
depositor or of the land agent such land agent shall be p~inzcc fcicie
deeined guilty of embezzling money under the provisions of the Larceizy
Act of 1365 relating to public servants and it shall not be necessary
to prove any fraudulent intention on the part of sryh land agent.
37. Yrovided always that a prosecution under the said Act for Prosecution under
Larcen,y Act not to
any such default shall not whatever bc its result in any may prejuclice prejodlco my civil
or interfere with aiiy civil proceccliugs or forfeiture against any such pi-oceecImg against
land agent.
land agent with respect to tlie money unaccounted for.
38. Every land agent shall kcell n register in which hc shall Agent to kcep regis-
enter all applications to select Crown lands which shall be lodgecl at ter*
his ofice and in the event of any such application bcing subsequently
rejected shall record such rejection ngainst the entry of the application
and such register shall be open to public inspection during office
hours.
Sales by &Lection.
30. For the purposes of this Act the settled districts of the Settled districts.
colony shall comprise the area specified in schedule B to this
Act with further cxtensions that may froni time to time be made by
proclamation of the Governor in conformity with resolutions to that
effect passcd by both HOLEXS of Parliament or by proclamation of
township or milway reserves.
40. ht,thc expiration of two nionths from the passing of this ccri L1ll clcscriptions
Act all lands within railway reserves wliicli as such are to be esclude(1 ;'t:;21:;d yp:t;;
fro131 the part lensed to the pastoral tenant and countcc1 as part of the aelcctiou.
resumed hdf OB the subdivision of any run a.: nlso the country land
in,
-
-

606 31’ VICTORIA3 NO. 46.
Proclamation of land
to selectio”.
in the township reservcs as well as all land in the reseryes made or
proclainiccl uiider bhc Agi~icmltzwnl Rcseives Acl of 1SG3 shall till other.
wise classified be deemed and taken to be agricultural laiicl and shall as
such be open to sclection by conditional purchasers or sale by auction 8s
liercinaftcr providcd Provided always that the comniissioncr shall not
at any time have the power to classify aiiy land in such railway or t0M.n.
ship reserve as second-class pastoral lalid Provided also that anything
in this Act to the contrary iiotivithstandiiig the lessee shall bc entitled
to the lease of half his ruii for ten years under the pro&ions of this
Act even if the same or aiiy portion of the same sliall be iiiclnded in
any agricultw a1 reserve.
41. Previous to any land being open to selcction under
this Act except as mentioncd in the 1)rececling clause notification
of its liouiidarics and the day €rom and aftcr which it sliall bc open
shall be given at least oiie month prior thereto by proclamation
in the Govelrziiieizt Cuxette and nearest local nemspaper Provided that
the Governor may withdraw from selection any land for the purpose
of survey with tl view to its being brought forward for sale as surveyed
lots.
Divieion into classes. 42. All lands witliin the settled districts that under this Act
may be proclaimed open for selection shall according as they are allotted
by the commissioner of such district to conditioiial purchasers or honie-
Limit to conditional
purchasers.
Limit to conditional
purchasers.
Limit to eonditiond
purchasers.
Form and notice of
application.
Piices.
Applications to be
received by land
agent.
Applications to be
registered.
stead lessees be clivideci into tluee classes namely-
Agricultural land
First-class pastoral land
Second-class pastoral land
\
43. Selections by conditioiial purchasers of agricultural land
except such selcctions as come within the provisions of sections seventy
and seventy-ono of this Act shall not be less than forty nor more
than six hundred and forty acres.
44. Selections by conditional purchasers of first-class pastoral
land shall not be less than eighty nor more than two thousand five
liundred and sixty acres.
45. Selections by conditional purchasers of second-class pastoral
land shall not be less than ciglity nor more than seven tliousand six
hundred and eighty acres.
46. The mode and terms of selection shall be as follows-Any
person (except as hereinafter excepted) niay on any office day during
office hours tender to the commissioner or land agent for the district
an application in the form contained in schedule E of this Act for
selection of land within any area proclaimed as open for selection as
aforesaid accompanied hy a deposit in cash or land orders equal to the
first instalment payable on the land to be selected at the price of-
Fifteen shillings per acre payable in ten annual instalments
of one shilliiig and sixpence per acre for agricultural
land
Ten shillings per acre payable in ten annual instalments of
one shilliiig per acre for first-class pastoral land
Five shillings per acre payable in ten annual instalments of
sixpence per acre for second-class pastoral land.
Together with the survey fees payable respectively iii each case.
47. Applications for tlie conditional purchase of agricultuid
land shall be received by the land agent and the land at once
allotted subject to such general regulations concerning survey roads
or the prevention of a monopoly of permanent water or otherwise as may
be made pursuant to the provisions of this Act.
48. Previous to survey applications for first and second class
pastoral land shall only be provisionally registered by the land
agent

_-
31" VICTOKIlE No. 46.
Croton Lniids Alierintion Act of 1868.
agent ancl after survey the evidence of the surveyor or other credible
witness or witnesses and his or their solemn declaration of its quality
to the best of his or their judgment shall be obtained and sliould any
doubts exist the mattcr shall be cletermined by personal inspection of the
commissioner subject to such general regulations concerning survey
roads or the prevention of a monopoly of permanent water or otherwisc
as may be madc pursuant to the provisions of this Act.
49. Any person making application to select land uncler this coat of
Act shall at the time of delivering such applicatiou to the Or survey made by
applicant.
Iaiicl agent deposit the amount of the survey fees payable
according to schedule H of this Act Proviclccl that if the Government
shall not have surveyed the land within three months of the date of
such application the applicant shall be at liherty to have the land
surveyed by a licensed surveyor ancl the survey fecs picl by him shall
be returned.
50. Crown lands selected 11y lease before survey and having Proportion of front
frontage to any watercourse or main road shall not have a greater ;~F~;z;:~t;
breadth of frontage thereto than equal to lialf tlie depth of said
portion where the area does not exceed one hundred ancl sixty acres
or two-thirds of the depth where the area exceeds one hundred and
sixty acres but is not greater than three hundred ancl twenty acres or
equal to the whole depth where the area exceeds tliree hundred and
twenty acres and the boundaries not having frontage to roads or
naiiiral features shall be rectangular and be dlrected to the cardinal
points unless the cornmissioner shall deem it desirable to direct that any
other general bearing shall be adopted for that portion of country.
-51. When any land selected as aforesaid shall have been to iasne
sLwveyed sild approvecl by tlie Minister for Lands the Governor shall lease.
issue to the selector a lease of said land subjcct to the conclitioiis and
provisions hereinafter contained.
(1.) The term of every such kaSe shall be for ten years com- Term of lease to be
puted from the first day of January or July nearest to ten years.
the date of application to select.
(2.) The annual rent to be reserved under every such leasexmt.
shall be as follows for every acre or fraction of an
acre comprised therein-
For agricultural lands one shilling and sispcnce
For first-class pastoral lands one shilling
For second-class pastoral land sixpencc
and tlie second and all subsequent years annual rents
shall be paid to the land agent on or before the thirty-
first day of March in each ycar of tlic term of lease for
which the rent is due and in clefhult of such payment
the lease shall be forfeited ancl the land selected and
all improvemcnts thereon shall revert to the CroTvva .
Provided that Chc lessee may defeat such forfeiture Forfeiture may be
507
lodged
for non-payment of rent by paying to the land agent in defeated payment
of rent and fine
cash within ninety clays of the day on which klie rent within ,fillety days of
shall have fallen due a sum equal to the annual rent orlpn".lrent
together with an additional sum equal to one-fourth
part thereof by way of penalty but in default of such
payment of rent ancl penalty within such ninety days
the lease shall be absolutely forfeited ancl the said lessee
ancl any person claiming under him shall be deemed a
trcspasser upon Crown land ancl lialdc to be removcd
therefrom as such under the provisions of this Act.
(3.) The

iJU0
Selcctor to ercct and
maintain boiuldary
markr%s.
R.ight of cntry to
work miiierals.
Residcnce neccsswy.
Grant iu fec on Ixoof
af fdtiheat of
ooditions of
improvement.
Grant in foe on
fulGlment of
conditions.
---
(3.) The lcssec of any laiicls shall w-itliin six months fro111
tlic date of selcctioii if thc laiid be prcviously survcyed OF
within six iiioiiths froin tlie conipleiioii of tlic surrey
if sclected beforc smvcy crect hnuiiilary posts along those
boiindarjr lines of said hiid mliicli slid1 iiot bc clefinccl by a
watercourse or clearly defiiicd iintnral fcaturc such 1)osts to
11c not less than six inches iii diameter ailcl sdi tx o feet
into the gro~iiicl mid lx at lcast two fcct nbovc lhc surface
ancl iii no case shall tho tlistaiice belureeii tlic posts
exceed fix cliaiiis 01 tlic lesscc sliall crect a good and
substant)ial €elice along such boundary aiicl if such lessee
sliall allow said bouiiclnry posts to fall iiito decay the
coinlnissioiier shall cause a iiotice to he served 011 such
lcssee requiring liiiii to replace or renew such boundary
posts within three months aiicl if the lessee sliall fail or
refusc to replace tlie same accordingly the coiiiiiiissioner
shall on proof tliereof inflict such fine as lie shall
see fit iiot cxceecling sixpence for each post and
in default of paynmit of such fine into tlie liniicls of
tlie land agent within one nioiitli from tlie clatc of notiiication
tliercof tlie lease may be cancelled by thc
Governor.
(+.) During tlic currency of such lease tlic Governor ur any
person authorised in that behalf imy eiiter on any part
of the lands included in such lease and dig and rcmove
therefrom any gold or other inctal or metallic orc
provided that any pcrson so eiitcriiig tlic land and
removing any such minerals shall pay to tlie lesscc a suni
equal to tlic aniount of tlic actual clamagc which thc
lessec shall sustain thcrefroni and tlic amount of such
damage shall be dctcrinined by wbitrtioii 5s providcd
by this Act.
(5.) Thc lessee of any agricultural or pastoral laud his agcnt or
bailiff shall rcsidc on such selcctioii contiiiuously and
llojzd $de during the tcriii of his lcasc Proviclcd tliat if
at any timc during the currency of a lease it shall be
proved to the satisfaction of the coniiiiissioiicr thal
the lessee has abaiicloiicd his sclcction md failcd in
regard to the performance of the conditions of rcsideiice
cluing a period of six months it shall be lawful for the
Governor to declare the lease absolutely forfeited and
vacated.
(6.) If within tlirce ycars from thc datc uf sclcctioii by lease
of any pastoral land tlic lesscc slid1 1xovc by two
crediblc witnesses to the satisfaction of tlie coiiimissioiicr
that hc has resicicd in person or by bailiff on tlie said
land for a period of two years ancl tliat ;L suiii at the
rate of not less than ten shilliiigs per aci~ for iat-class
pastoral land and five shillings per acrc for second-class
pastoral land has been expeiided iii substantial iniprovc-,
ineiits on the said land or that he bas fenced in tlie mhole
of the said land witli a good kid substantial kiicc then
ibe coiiiinissioner slid1 issuc a ccrtificate that the
conditions ahresaid liavc been duly performed and the
said lessce sliall be eiititlccl to a deed of graiit in fee
simple on the payiiicnt of the balaiice of the ten years'
rcnt.
(7.) If within tlircc years from the date of selection of :rny
agricalt urd lad the lessee shall prove Iiy two creiliiile
witnesses

__
31" VICTOX4:Cl& xu. 46.
Ci~ozuiz Zilds Alienation Art of 1868.
witnesses to tlic satisfaction uf tlic coinniissioncr tlltit
lie or liir bailiff has resided on tlic Ian:! !uL- a period of
not less than b-tvo ycnrs and that hc lias cspciided a sum
cqud to ten shillin;.s pw acre oil tlic land comprised in
such lease or if at any time during tlic currency of any
such lcasc tlic 1::sscc shall prove by two credible
witnesses io the satisfaction of the said commissioner
that hc lias cultivatcd one-tenth part of tlic land or if
within three years from tlie clntc of selection the lcssec
slid1 pi$& liy tlvo crcclible vitncsscs to the sntisfactioii
of the said commissioner that he or liis bailif€ has resided
two years on tlie said land aiitl fcnccd in tlic mholc with
CL good ancl substaiitinl fcncc then tlie said coinmissioncr
shall issue bo such lcsscc a certificate that he lias cluly
coinpliccl with tlic coiiditions of this Act ancl the said
lcssce shall be entitled to a grant of tlic land in fuc
simple 011 tlic payment of the balance of the tcn years'
rent.
No lease shall bc transferred 01' assigned until the original Conditions uiidei.
selector has obtaiiiccl a ccrtificatc from tlic commissioner ~ ~~~~~'"(;lscr
that lie has duly pcrfornied the coiiditions entitling him
to a deed of grant iii fee siinplc 011 the due payment of
the tcntli year's rent But after the issue of such
ccrtificate the lessee may transfer his lease by application
to tlie Minister for Lnnds in the forin containecl in tlie
schedulc G to this Act axid the papent of a fee of ten
shillings for the registration of cvery such transfer.
If after a lessee has obtained a certificate by tlie corn- ~csscu III:~~ ncquiw
missioner that he lias drily completecl the conditions of ~~,,s"'~f*cb~,g~;f
cultivation or improvement and residence required by rents.
this Act lie sliall pay into the hands of the laiid agent a
sum eqnal to tlie aggregate amount of the aiinual rents
which WO uld becoinc d~ie during tlie unexpired portion
of the tcrm oP ben years' lease together with tlic ainount
of' tlic decd fee such lessee shall l~c entitled to ;L
clecd of grant in fec simple of tlic lands compriseil
in such lease If during the currency of any such
lease the lessee sldl not have duly Pulfillecl tlic conditions
hereinbefore speciiied tlieii on the expiration of tlie term
of lease it shall absolutely cease and determine and thu
lessee shall not have aiiy claim whatsoever to any
miemecl lease or priority of claim to either leasc or to
purchase blie land comprised tlierein or the improveinen
ts or to compensation for any part thereof.
If within ten yews from the date of selection of any laiicl RcsuulptIoll
:~3 at'ordsaid it sldl lje deciiled 11eccssilry to opcn aiiy
public road through tliu same it shall be lawful for the
Governor to 1)roclaim a public road onc chain wide
tlirougli said lalid ancl tlic lessee or owner of such land
shall only be entitled to compensation for the lad taken
for sue11 rorzd at tlic raic of twice the sum which shall
have bcen paid citlicr as rent or purclmc money to tlic
Govt:riiinc.nt for tlic arm so mumecl togctlicr witli tlic
\due of' tlw iiuprweniciits or (:ultiv:ttion thereon such
value to be detcriniiiccl 1)y arbitration Provided tdiat
wlierc such road sliall be proclaimed through any
enclosed lands the Govxm21ciit shdl Edlicl: off tlic s,zich
roncl fmii tlic adjacciit emlosecl lniicls with a fcnc:.
eq ~dly scrviccable with the fence within wliich the
land
509
or ro,.ztis.

510
Limit to coiiditioiial
purcliaser
Conditional pur-
chaser to mahe
declaration.
No ininor or iiiarricd
woman to be lessee or
assignee.
31’ VICTO~~ILE KO. 46.
Croioiz &and8 Alieidioii Act of 1868.
laiid is otherwise enclosed but such fciice shall after its
erectioii lie niaiiitained at tlic cost of the owner or
0ccLi~)tCiit of the idjacellt lalid.
32. No couclitional piircliascr ?dial1 hold as such at any one
time within tlie eiitirc coloiiy niore of thc clii€ereiit classes of lalid thau
tlie maximum quaiitity of-
Six hundred and forty acres of agricultural land
Tmn tliousaiicl five hundred aiid sixty acres of first-class
1’astoral lalid
Seveii thousand six liuiiilrecl aiid eighty acres of second-class
pastoral laiicl
exclusivc of lands held by tlie selector as a lessee Lmder the provisions
of the Alieimtioik uf CI’OWIL Lccizds Acl of 1860 or the Apiczdtzcrcrl
Reserves Act of 1863 or the Leushy Act of 1866 or any of said Acts at
the timc of tlie passing of this Act or of land selected for the growth
of sugar aiid coff’ce under tlie provisions licrcinnftcr contained.
53. 011 niaking applicatioii for my land under the foregoing
clauses of this Act a coiiditional pmchaser shall be required to make a
solemn dcclaration to the effect coiitained in sclieclule E Provided
always that this shall iiot apply to coiiditioiial purcliascs or selections
of laiicl made By a pastoral tenant to SCCLUC his liomcstcacl or improve-
ments on tlic resumed half of his original run or to seciirc his hiiprove-
iiients on the leased half as provicled by this Act.
54. No person sliall bcconic the lessee or nssignec of :ny
of such land who is an iiifant or a married wonian not haviiig
obtained a decree for judicial separation or an order protecting
her separate property binding in Qtiecnslaiid or mlio is iiot a natural
born 01’ naturalized subject of Her Majesty or who is in rcspcct of the
land which he applies to select or any part thereof an agciit or a
servant of or a tiustee for aiiy otlier person or who at tlie timc of
his application has entered into my ngrcenient expressccl or implied
to perinit any other person to acquirc by purchase or otherwise the
land for which he applies And a11 land applied for under thiq part of
this Act shall be so applied €or the build $:de use aid benefit of the
applicant in l& own proper ~~crson and not as the agent scrvant or
Proviso 111 case of trustee of any otlier person Provided always that if any person shall
breach of conditions. in violation of any of tlic provisions of this section beconie the lessee
or assignee of any laiicl unclcr the abovc provisions the Governor
may declare the leasc of such land to be forfeited And on
prcclamation of such forfeiture tlic term cwatcd by such lease shall
cease and clctermiiie and all the right title aiid iiiicrest of the lessee
and of every assignee in aiid to such lease or tbe lalid to mliicll
it refers and all nioiieys paid in rcspcct of 6he land comprikeed
therein and the said land itself with all improvcniciits thereon shall
be absolutely forfeited and the said lttnd shall revert to the Crown to
be dealt with as lierein provided Provided also that all contracts
agreements and securities iiiadc ciitered into or given with the
intent or which (if the sanic were valid) would have the effect of
violating all or my of the provisioiis of this part of the Act
or of any coverant or coiidition of a lease granted under this part of
the Act and all contracts and agreements relating to laiid selectcd
under the foregoing provisions made and entered into liefore at or after
tlie execution of a lease and to take eirect wholly or in part at or after
She termination of the leasc on completion of conditions shall he and
are hereby declared to bepgal and absolutely void whether at law or
in equity.
Power to selrct lands 55. It shall be lawful for any selector of any piece of land or
adjoining selectl~n~
his legal alienee to make additional selection of lands adjoining to
his

I have
31." VICTORIB No. 416. 511
his first selection or to each othcr but not otherwise and not exceeding
in the aggregate including such first sclectioii six hundred and forty
acres of agricultural land two tliousand five hundrecl ancl sixty acre4
of first-class pastoral land and seven thousand six hundrccl ancl eiehty
acres of second-class pastoral lalid and suhj ect to all the conditions
applicable to such first selcction except residence Provided that in
tlii measiwement of such aggrepte the proportion of frontage to
depth shall not exceed the proportion rcqiiired by the provisions of this
Act in the case of an original selection Provided also that nothing
herein contained shall prcyent the salc of the adjoining lands to ?ny
oth& person heforc such aclditionnl selection shall have becn apphed
for.
56. It shall be la\vfd for the C~OWII
grziitce of ally lancls within Power to select lands
the settled districts boii4 JcZc residing on some part of such land iEc;g lauds
to select adjoining Crown lands opcn for selection the arca of which
shall not exccctl the maximum quantity allom-ed which selected
lands shall be subject to all thc conclitions other than that of
residence Provided that nothing hcrein contained shall prevent the
sale of such adjoining lands to any other person before sclection shall
been applied for by such grantee.
57. So soon as a lessee shall have made the last payment of Right to grant.
instalments as hereinbefore provided he shall be entitled to a grant in
fee simple of the land leasecl to him subject however to the payment of
the fees chargeable on the issue of deeds of grant ancl provided that
he shall prove to the Governor in Council that he has faithfully
complied with all the covenants ancl conditions contained in or impliecl
by his lease under the provisions of this Act.
58. It shall not be lawfid for the lessee of any land under Trausfer dic. to be
the provisions of this Act or ally person claiming through or under regiatered,
him to transfer or assign the same without the consent of the
Minister for Lancls ancl registering the transfer or assignment in the
district land officc and any transfer or assignment made or attempted
to be made shall be absolutely void and of no effccb until such registration
ancl a fee of ten shillings shall be paid for evcry such registration
59. A transmission of interest by death or marriage shall not be
deemed a transfer under the provisions of this Act.
60. No judgment of the Supreme Court or of any district court E;;?:?
or court, of petty sessions nor any writ ofJicviJCacicts or warrant of
execution issued upon any such judgment shall hawe any effect upon Judgments not to
land selected under the provisions, of this part of this Act unless and attach.
until a grant of such land in fee-simple shall have Seen issued.
61. If the Governor shall make or cause to be macle on behalf Forfeiture to bepro-
of the Crown entry upon any land selected aiicl leasecl as above for c18imed
breach of any of the provisions of this Act or for non-payment of
instalments or breach of any conclition or covenant contained in any
such lease as aforesaid such forfeitme shall be proclaimed and the
Governor may cause the same to be notified as again open for
selection or direct it to be solcl by auction in fee-simple,
62. It shall not be lawful for any conditional or other purchaser Proportion of
of land under this Act to clepasture upon his land so conditionally or
otherwise purchased until such land is sccurely fencecl more than in
the proportion of twenty head of cattle or horses or fifty sheep for
every hundred acres of land Ancl the brands of all such sheep cattle or
horses shall be registered at the officc of the commissioner of the
pasturage allowed to
purchasers.
district.
G3. Upon proof being given to the satisfaction of the commis- Penalty for over
sioner for the district that any conditional or other purchaser of Pnstnrage.
land or pastoral lessee undcr this Act has broken the conditions of this
Act

512 31." VICTORIB KO. 46.
Act either by not8 registcring the brands of his sheep cattle or horses
or by runnjiig a greater nuiiibcr of such sheep cattle or horses on
his land than allo~vccl in clauses sixty-two aid sixty-four of this Act
such conditional or other purchaser or pastoral lessee shall be liable to
a fine of not inore than two shillings ancl sixpencc pci* head of cattle
or liorses and threepelice per head of sheep in csccss of the numbep
allomed to be dcpasttured undcr tlic conditions of this Act.
Riglit of pastoral 64. The riglit of thc pastoral tenant to dcpasture on thc unlcascd
tenant to ~h~astu1*~. portion of his run (hiring tlic uncspircd period of tlic lcasc originally
granted as set forth in claim scvx of this Act shall Lc limited to not
more tlian one-third of the number of sheep cattle and liorscs actually
depastumxl on the Crovii laiiils of tlic run at tlic tinic of its sulxlivision
or as ninny less as the cornniissioncr niay direet aiid thc license as
rciicmccl from timc to tinic shall bc still fiirther limited in proportion to
the laid alienated on such run to any conditional or other purchaser
Proridcc1 that it sliall not be lawful for tlie pastoral tenant holding
such grazing license as aforesaid to impound any cattlc or liorscs belonging
to aiiy conditional or other purchaser of laiicl on such run found
on the land held by him uuclcr such grazing license or any shcep bclonging
to aiiy conditional or other purchaser as aforesnicl found less than
one quarter of a mile from the boundary of tlic land of such purchaser.
&dectiom fog* Sugar ancl Gofee 2)lmtotioii.s.
Selection for sugar 65. Wlienever any applicant for selection of land within ten
and coffee. miles from the coast or any navigable river not bcing included in lands
leased to the pastoral tenant for ten years as hereinbefore provided shall
state in his application that he intends to use thc lt~nci applied for in the
cultivation of mgar or coffee he shall lic allowcd to selcct a block of
agricultural land in area not less than three 1iundWl and twenty nor inore
tlian one thousand two liundrcd and eighty acres the bounclaries of which
shall bear the same proportion of frolitage to depth as required in the
casc of any other lands selected under the provisions of this Act and
provided such selector shall within three years froin the date of
his application prove to the satisfaction of the Governor that
one-tenth part of the lad selccteci is under cultivation in either
sugar or coffee he shall he rclieved on applying for his grant from
proof of residence or of further or other cultivation but in all other
respects he shall be liable to the same conditions and covenants as
any other selector under the provisions of this Act.
Lessees in agricul- 66. It shall be lawful for any person wlio shall at the
tnral areas 01 nnder commencement of this Act hold land under a lease issued under
coffee or sugar regulations
may PL,rclinse the sugar and coffee regulations hitherto existing to apply to the
by selection. Minister for leave to bring tlie same under the provisions for selection
Lands in some cnses
mav be held under
pro%sions of this Act.
of acricultural land bv conditional nurchasers contained in this Act and
if shi lessee shall l&ve at tlie ti& of his application fully coinplied
with all the conditions binding upon him in respect of such land such
ap+ation shall lie granted Provided that for the money already
paid as rent credit shall be given the holder as instalments of the
purchase money and that in such case no covenants shall apply except
those having reference to the regular payment of the instalments of
purchase money still due.
67. Aiiv nersolz who shall at the commencement of this Act be
the lessec un&rLtPe twelfth scctioii of tlie Alienatioib of Crown Lunch
Act of 1860 of any lands within an agricultural reserve may apply
within sixmonths after the j~~ssing of this Act to the Minister for
leave to hold the same as agricultural lands as hereinbefore provicled
under the provisions of this Act Provided always that payments of
wit already made shall be credited as instalments of the purchase
nioney And provided further that in the case of leases under the
twelfth

31' VICTORIA;: No. 46.
~--.___-
Crown Lands Alienation Act nf 1868.
twelfth section of the Alieizcctioit of CTOWIZ Luiids Act of 1860 which
leases exphcd on the thirty-first day of December one thousand eight
hundred and sixty-s'ix thc lessee inay.apply for renewed leases iincler this
Act within six montlis from the passing of the same And that in both
such cases no covenants shall apply except those having reference to
thc regular payment of the instahcnts of purchase money still due.
Lenses f 01- JS~J ecici Z P ui -poses.
68. Any selector who before the passing of this Act shall selectop
513
may substi-
have selected land in any agricultural rcservc nncler the fourth ~;ti?~,;,m,~;yt;on.
and fifth sections of the Agihdtzcml Beserves Act of 18G3 or
Leasing Act oj' lS6G and who shall have proved by two credible
witnesses to the satisfaction of the commissioner that he his heirs
assigns or lessces is or at tlic tinic of selection was a resident within
the &strict ovcr which such ceimissioner may have jurisdiction is
hereby enipomcrcd at his option to suhstitnte improvements in lien
of cultivation tlic fencing of the said land to be deemed and taken
to be part of tlic said improvements Provided that such improve-
ments shall in the aggregate be equal to the sum of five shillings
per acre on the total number of acres so selected by him as aforesaid
ancl upon the said sclector proving by tmo credible witnesses to the
satisfaction of the commissioner of the district that he has 'performed
the conditions aforesaid then the said commissioner shall issue a
certificate accordingly ancl the said selector shall tliereupon he entitled
to a deed of grant in fee simple subject however to the payment of
the fees chargeable in the issue of the said deed of grant and balance
of rent due.
69. It shall be lawful €or the Governor to lease any portion of Q - ~ ~ grant ~ ~ ~ ~ ~ .
land not exceeding five acres to any one person or company for any k;;$;fi;;$~.
special purpose such as for the erection of wharves storehouses slips
for building or repairing vessels baths worlts for supplying water or
gas to any town Provided that the term of lease shall not in any case
exceed five years ancl that it shall be a condition that such lease may
at any time bc cancellcd on giving six montlis' notice and payment of
the value of the improvements and that tlie annual rent slid1 in no
case be less than one pound per acre.
70. If at any time after the filing of the afidavit required in Provision for sban-
clause seventy-three and before the expiration of the fivc years afore- d7nn1ent Of Innd.
said it shall be proven to the satisfaction of tlie commissioner subject
however to appeal to the Govcriior in Council that the pcrson having
filed such affidavit his family or his or her heirs shall not have actually
residecl continuously on the said land then ancl in that event the land
so entered shall revert to the Crown.
Horn es tecicls.
71. It shall be lawful for any person who is the head of a~~~este~ds.
family or who has arrived at the agc of twenty-one years and who
Would be enabled under clause fifty-four to make a selection of land
to enter upon one hunched and sixty acres or a less quantity of
Unappropriated public lands which may be open for selection Provided
that any person owning ancl residing on land may under the
provisions of this Act enter other land lying conriguous to his or her
said land which shall not with the land so already owned and occupied
exceed in the aggregate om hundred and sixty acres Providcd that
any person who shall hereafter arrive in the colony at the public
expense either wholly or in part shall not bc entitled to the bcncfit of
this section of the Act until lie shn!l hnvc residecl in thc colony
continuously for the period of three years.
72. Selections by honiestcnd lessees shall be in one block and Homesteads niust-be
not exceed eighty acres nf agricultural or one huntlrecl and sixty acres in one
of

514 31.' TTICTORI2E KO. 46. -
Applicant to malic
affidavit.
Lands not liable to
debt.
Limits to :applicunts.
May in iome cases
purchase at upset
pnoe.
Gold field reserver to
be commons.
-
CI*OZUIZ Lnl~tls ilZicn.ntio,z Act of 1868.
- I-
of first second-class p:Lstc\ml lalids subject to the yearly paymel1t in
advance for five years from the date of cdry of a quit rent of nine-
pence pw acre in agricultural lmcl and sixpcncc per acrc on first and
second class pastoral lancl.
73. The person applying for a homestend shall 111~011 application
to the land agent in the district in which he is about to make
such entry make affidavits before the said land agent that he or she
is the head of a family or is t~venty-one or more years of age
and that such application is made for his or her exclusive use and
benefit that he or she has not on any former OCCaSiOii exercised such
right or homestead selection and that said entry is made for tl1e
purpose of actual settlement or cultivation and not either directly
or indirectly for the use or benefit of any other person or persons
whomsoever and upon filing the said affidavit and on payment of
the survey fees he or she shall thereupon be permitted to enter
the quantity of land specified Provided however that no grant
shall be given or title issued therefor until the expiration of
five ycars from the date of such entry and if at the expiration
of such time OF of any time within two years thereafter the
person making such entry or if he be dead his widow or in case
of her death his heirs or devisees or in case o€ a widow making
such entry her heirs or devisees in casc of her death shall prove to
the satisfaction of the comrnissioncr of the district by two credible
witnesses that he she or they have resided continuously upon the
land and cultivated one tenth part of the same or that in addition to
residence as aforesaid he she or tJiey shall prove to the satisfaction of
the said commissioner that the said land has becn fenced in with a
good and substantial fence during the timc of five years immediately
succeeding the time of filing the affidavit aforesaid and shall make
affidavit that no part of said land has been alienated and then in
such case he she or they shall be entitled to a Crown grant And
provided further that in case of the death of both fathcr and mother
having an infant child or children under twenty-one years of age the
right or fee shall ensue to the benefit of said infant child or children
and the executors administrators or guardians may at any time
within two years after the death of the surviving parent sell said
lands €or the benefit of said infants but for no other purpose and the
purchaser shall acquire the absolute title by the purchase and be
ent>itled to a Crown grant on payment of the deed fees.
74. No lands acquired under the foregoing provisions shall in
any evenl become liable to the satisfaction of any debt or debts contracted
prior to the issuinef the Crown grant thereof.
75. No individual shall be permitted to acquire title to more
than one hundred and sixty acres under the provisions of the fore-
going sections and the Minister for Lands is hereby required to prepare
and issue such rules and regulations consistent v7ith this portion
of this Act as shall be necessary and proper to carry its provisions
into effect.
76. Nothing in this portion of this Act shall be so construed
as to prevent any person who has availed himself of the benefits
of the foregoing sections of this portion of this Act from paying
the upset price for the quantity of land so entered at any time after
two years and before the expiration of the five years xiid obtaining
a grant therefor from the Governor on making proo'o of residence
and cultivation ap required by this Act.
Gold Field und Towizsh?)? C O~I~OW.
77. All existing gold field reserves or any hereafter to be pro-
claiined shall be deenied to be commons subject to the provisions herein
set forth. 78. It

-
31" VICTORIA3 No. 46.
_.____
Croiuit Lnmls Alieizativiz Act of 1SGS.
7s. It shall be lawful for the Governor in Council to proclaim any Cond;tions upon
unsold land as a township common upon the following conditions- which co-ons may
be proclahccl.
(1.) That a petition signed by not less than thirty frecholders
resident witthin such township praying for the
proclamation of a common adjoining thereto shall have
been presented to the Governor in Council.
(2.) That after the said petition slid1 have been notified in
the GoaemnLewt Gnxetle for a period of sixty clays no
counter petition shall have been presented signed by a
larger number of freeholders resident within tlie said
township.
79. Every such common shall be proportioned to the number Extent of common.
ancl wants of the freeholclers resident in the said tomnship but shall
in no case exceed twenty squarc miles.
SO. Notwithstanding proclamation thc fee simple of all common Crown to rebin
lands shall be deemed to be vested in the Crown and unalienated ancl nlonages.
nothing herein contained shall prevent the sale of any land comprised
in any common Provided that it shall be lawful for the Governor in
Council to extend such common proportionally to any such sales 2!cEcges
which may be effected subsequent to its proclamation.
81. The Minister for Lands shall be empowered to frame Minister for Land to
frame common
replations impose hes ancl constitute the machinery requisite to regulations.
give effect to commonage rights subject however to the following
conclitions-
That such regulations shall have received the assent of the
Governor in Council
That commonage rights shall appertain solely to residents
in such townships Provided that nothing herein con-
tained shall prevent bola& $de travellers from depasturing
their bullocks horses or other stock Provided also that
no person travelling with stock shall be deemed a hod
$de traveller who shall not proceed four miles in one
direction during every twenty-four hours unless delayed
by floods.
That the depasturing of sheep except under special condi-
tions shall be prohibited
That payment' be made for the depasturing of cattle at a rate
not less than two shillings per head per annum ancl
that in no case any one freeholder be allowed to run
more than twenty head on the same common.
82. For the purpose of tlie foregoing clause " cattle" shall mean Definitionof
and include mares geldings colts fillies asses mules cows oxen heifers
steers and calves but shall not apply to any entire male animals
exceeding six months old.
Sales hy Ai~tim.
83. It shall be lawful for the Governor to causc town GFovenlor mny oau8e
suburban or country lands of different classes or any such lands lands to be surveyed.
as may have becn leased by selection and thereafter forfeited to
be offered for unconditional sale by public auction and to cause
maps of such lands to be prepared showing and specifying the
counties parishes or towns as the case may. be in which the same
shall be respectively ' situated and also showing all intended reserves
for water roads or other purposes in accorclance with the provisions of
this Act as also tlie boundaries and giving the areas of all allotments
therein and the lmgth and bearings of all oubside lines comprised in
such surveys and such maps shall bc clcposited QS public maps in the
office of the Surveyor-Gcneral.
54. All such lnncls shall be distinguished into classes as town subd,vlsio,l.
suburban and country lots according to their respective positions as the
Governor may deem advisable.
85. Such
515
be

Lands to be allottel. S5. Such lands shall be allotted as nearly as may be in aye,
according to the following scale-
Town lands in allotimiits of from one rood to one acre.
Suburban lands within one iiiilc frmi lowii lands in lots of
one acre to eighty acres
Suburban lands OTW one inilc from tovn laiids ill lots
forty acres to one hundred and sixty acres.
Countyy lands in lots of from forty to sis hundred and forty
acres.
Proclamation of lands 86. It shall be lavful for the Governor after such wAlJs
for sale.
aforesaid ham been deposited in tlic office of the Surveyor-General to
proclaim any of the laiicls comprised tlierein for sale by public auction,
Upsct price.
87. It shall be lalVfL1l for the GOVC~~IO~ from time to time
to fix the upsct pricc at Which any such l~~iids shall bc sohi Proirid
al~tlys that such upset price shall iiot in any case be lcss tlian-
For towii lands ciglit pounds per acre
For suburban lands oiic pound per acre when within One
mile from town lads ancl fifteen shillings per acre mrhen
beyond one mile from town lands
For agricultural lands fifteen sliilliiigs pcr acre
For first-class pastoral lands ten shillings per acrc
For second-class pastoral lands five shillings per acrc
And such lands shall be so proclaimed for sale as aforesaid for iiot less
than four consecutive weeks nor more than three calendar months
previous to the intended date of sale.
88. Every proclamation shall specify-
The day and hour of sale
The place of sale
The classes of the land to be sold
The nuinber of the allotments
The respectivc areas of the same
Tlic upset price thereof respectivcly with tlic value ~FJ
approved of any improvemeills thereon as aforesaid
And it shall be lawful for the Governor in selling such lands as
aforesaid to add to the upset prices as hereinbefore provided the value
of such improvements as may have been niade on such lands the value
of such imprommeiits to be appi-aised as hereinafter provided and to
pay to the lessee or lessees of such lands or his or their executors or
administrators the amount or amounts which may have been fixed as
the ralue of such improvements as aforesaid or such portion thereof
as may be deemed advisable.
Land agent to con- 89. Every such sale shall be conducted either by a licensed
duct sde.
auctio-uecr to be appointed by thc Governor or by the land agent
nearest to the land offered for sale or such other place as the Minister
niay appoint and such lad agent shall not require to be licensed as
an auctioneer for any such salc nor incur any penalty 011 account of
not being so licensed.
Power to withdrav. 90. It shall be lawfnl for the Governor OF any 0ilict.r authorised
in that belialf to withdraw any allotnicnt ox- dlotmeiits from sale at
any time from the first proclamation thereof up to the hour of the
Commencement of such sale as proclaimed.
Prepmation of coli- 91. It shall be lawful for thc Governor to prepare or came to
ditions of sale.
be pi-epared for :illy such sale mch conditions as inay appear advisable
ancl coiisisteiit with the lxovkions of this Act.
conditions tobe rend. 02. At tlic timc ancl placc of sale thc ziuctioiieer or land agent
sliaU read openly the conditioiis under which such sale is held a d
also exhibit openly a copy of snch conditions and all purchasers and
bidders at any such sale shall be bouild by such conditions.
93. Thc highest bidding for cnch allotinent sold together 11 it11
Deposib payable at
sale.
the name of the purchaser shall be aiiiiouncecl by the auctioneer oL'
land

31' VICTORIA3 No. 46.
~ _ _
CPOZUU Lts1ad.s Alienation Act of 1868.
_ _ ~ . - ~ ~~~. . .. -
land agent at the timc af sale and the purchaser shall tliereupon pay
to such agent a clcposit at the rate of twenty pouiicls per ~Giit~ull upon
and on account of the pLwchase money.
94. Thc residue of such purchasc nioiiey together with the tlcerl Paulei,t
fees and survey fees as per schcdule shall be paid to such land agent
at his office or into the Treasury within onc calendar month froiii
the datc of such sale and ~ipoii such payment of such residue aid
fees the purchase shall be deemed coinplete and a deed of grant in feesimple
shall then issuc to the purchaser.
be absolutely forfeited to thc Crown and the depositor sliall not nor
shall any oiic claiming through under or in trust for hiiii have any
claim whatsoever ngaiiist either the land agent the Governiiient or any
other person whomsoevcr either for thc deposit paid or the land
i1iteiicled to be pmchasccl or any part thcreot' ~*cspectively. .
96. Any country lots which may have been offered at auction collntry lands offerecl
ulicler the provisions of this Act and not sold or mitlidrnwii froni sale atn1ictloii an(Jilot3ol11
nmy be purclinsed by
may be purchased by selection at the saiiie rate as previously offered selection at
vancecl price.
at auction as hereinafter specified-
Country lots of agricultural lands fifteen shillings per acre,
Country lots of first-class pastoral lands ten shillings per acre.
Country lots of second-class pastoral lands five sliillings
517
re31due,
95. In case such residue shall not be so paid such cleposit shall vot.fol.feitaro forclefctdt.
per acre.
97. Any person desiring to purchase country lots by selection PLirclin,sing collutlT
after the same slid1 have been offered at auction and not sold shall lots by selection.
apply to the land agent in the form in the schedule C to this Act
and shall at the same time pay into the hands of the land agent the
full price of the land together with the deed and swvey fees and such
applicant shall thereupon be deemed to be the purchaser of such lot.
98. Every officer non-coiumissionecl officer and member of thc ar.Luta to volL,uleer!,
volunteer force of Queensland not being on the paid staff of or serving
for regdar pay in the said forcc shall be entitled aftcr having servecl
as an efficient member of sucli force for a continuous period of five
years from the passing of this Act to receive from tlie Government in
consideration of his efficient service a free grant of ten acres of
suburban lands or fifty acres of country land subject to such rcgulations
and conditions as may from time to time bc approved of by the
Governor and laid before both Douses of Parliament and the certificate
of the officer comniancling the voluntecr force shall be sufficient
evidence that any officer non-conimissioned officer or volunteer has
servecl as an efficient volunteer the prescribed term of five years
Provided that in the case of volunteers wlio ham previously served in Previous
this coloiiy fivc years' servicc shall'bc clecmccl to coL1nt for three gears volunteer to Couut.
and tlirce years for eightcen months for the purposes of this Act.
Cfouclitions of ,%de of hpovecl Lcmcls lioifeited by Lessees.
89. When any improved lands shall be forfeited by a lessee or Corernor II,sy aelI
licensecl occupant it shall bc: hvfd for the Govcrnor to cause such forfeited improved
lands at auction and
improved lands to bc offered for sale at auction at the npsct price of pay v:he of improveunimproved
lands similarly sitnatcd and if such land shall be sold lurnts to lessee who
togcther with the improvements thereon for a higher price tliaii tlie upset "'" forfeited.
then such additional sum not cxccecling tlic value of such impi*ovemeiits
may he paid to the pcrson mho forl'eitetl the improved lmd Provided
that if any such iml)roved lands shall have lieen ofFerecl twice at
auction at the npset price of uiiiinprowd laiicls and shall not be solcl
the ~holc of the proceccls of any subscqucnt salc sliall be paid to the
Goveriiiiient and all claims on tlic part of tlic 13cr:joLis xho eiTected tlie
iuipmrements on the land sliall absolutely cease.
100. ~ lic Govcrlior in Couiicil UXL~
(subject to a,iiy regulations Liceuser to cut timto
11: issucd l)y Government) authorisc Clie cGinmissioners or bench of E%:;;cl,lu&9 be
magistrates
of

518 31' TTICTOlLIZ3 Eo. 44.
Prorided SKY PC~~OU-
~ -~
~~
~ -
C~*oton Lauds Aliciz~~tioiz Act of 18G8.
-~ _--
magistrates to issue licciises for any teyw not exceeding oiic ycar to
enter any Crowii 1:~iicls whether under liasto~al lessc or license
or not and to cut aiid takc therefroin niiy timlicr and to dig for ancl
rciiiove any gravel stone brick earth shells or otlicr material but not
within two miles of any head station unless by thc consent of the
lessee Provided that tlic fee fixed for such liccnse shall bc paid
able oby ction may in ad+-ancc Providcil also that any pastoral lesscc or licensee
be ente-mined by
Guvernment. under this Act limy malx ally reasonable oljjectioii to the granting
of sucli license and tlic granting or withholding of such license
after any objection sliall havc bccn made to tlie cornmissioner
or bench of magistrates shall be determined by the Governor
witli the ad-\-icc aforesaid Provided that any pastoral lessee may
by notice in writing to that effcct gimn to any such licensee restrict
liim or her from exercising his or her rights as such licensce in any
given spot to be mcntioncd in such noticc for a period not exceeding
one month and such licensee sliall within such period aplm~l to the
commissioner or nearest bench of magistrates who shall have power
respectively to decidc the matter in issue between the parties and such
licensee shall bc liable to a penalty not cxceeding twenty pounds if
after such notice given as aforesaid or in the event of the niatter in
issue being decidccl against him or licr he or she shall exercise the riglit
of a licensee which penalty may be recovered beforc any two of Her
Majesty's justices of the peace in petty sessions in the manner
prescribcd by law.
Persons authorised 101. Except as provided in the foregoing clausc pastoral lessees
by Government ]lot or licensees of runs under this Act shall not have power to restrict
pastoral to bo obstructed lessees in by otlicr persons duly authorised by the Government either from cutting
cutting timbcr SEC. or removing timber or material for budding or other purposcs or from
searching for any metal or mineral within the run leased.
Appwiwnent cmd A1'6itmtioia.
hlode of appraise- 102. Whencver it shall become necessary under the provisions
ment or arbitr.ztion. of this Act to fix or ascertain any price value or sum of money or
to settle any question or other matter not otherwise provided
for by this Act the Minister and the claimant in matters
conceiving the rights of the Crown and each of the respcctive
parties interested m my other case may concur in the appoint-
ment of a single appraiser or arbitrator as the case may require and
failing such concurrence it shall be lawful for each party of his own
accord or on the request of the other to appoint an appraiser or arbitrator
as tlie case may require and upon such appointment to give noticc
thereof to the other party or parties and the matter in question shall
be inquired into and determined by such sin@ appraiser or arbi-
trator or such appraisers or arbitrators or the= umpire hereinafter
Arbitrators lo
appoint umpire.
Cost8 in discretion
Appoiiitment of urnpkos
to be under
lIRnds of
referred to.
103. If there be more than 0n.c appraiser or arbitrator the
appraisers or arbitrators shall before they enter upon thc reference
appoint by writing under their respective hands an umpire and if any
such umpire die or become incapable to act the appraisers or arbitrators
sliall proceed to appoint another in his place as if they had not already
appointed one aiid in case the appraisers or arbitrators fail to appoint
an umpire within thirty days after being requested so to do by any
party to the appraisement or arbitration the Minister may appoint an
umpire whose powers slid1 be as ample and coniplete as if he had been
appointed by all parties but such unipire shall not be a Government
officer.
104. All costs charges and expenses of and attending any such
appraiseinent or arbitration shall be in the cliseretion of the
appraiser or appraisers arbi trator or arbitrators or umpire who shall
make the final award subject to appeal in case of dispute to the
Governor in Council.
105. Every sucli appointment and notice respectively shall be
in writing under the hand or hands of the party or Farties making or
giving

giving the same respectively or if any such party be a corporation
with a corporate seal under such corporate seal ancl each such appointlnent
shall be delivered to the appraiser or arbitrator appraisers or
arbitrators and by hiin or them attached to the a,ward when made and
shall be deemed a submission by the parties signing the same to
appraisement or arbitration as the case may be.
106. After the making of any WCII appointment the same shall Appointments irre-
not be revocable without the consent of both or a11 parties to the dispute ~cnble.
nor shall the cleatli of either or any such party operate as a revocation.
107. If for the space of Sixty days nCXt after either party Shdi Arbltrstor in cortain
have given to the other such notice as above referred to of the ;je,40
appointment of an appraiser or arbitrator such notice including a
statement of the matter in dispute and a copy of such appointment
the party to wlioin notice is given shall fail to appoint an appraiser
or arbitrator 011 his own account and to givc similar notice of such
appointment the appraiser or arbitrator appointed by the party giving
the notice shall be deemed ancl talien to be concurrently appointed
by and shall act on behalf of both parties.
108. The award under the provisions of this Act of any such
single appraiser or arbitrator concurrently appointed or the joint award
of the appraisers or arbitrators when they can agree and when they
cannot the award of their umpire appointed as above stated shall be
binding final and conclusive upon all persons and to all intents and
purposes whatsoever.
109. -4ny submission to appraisement or arbitration under the Award be made
provisions of this Act as also any valuation or award made thereupon rule of COW+
respectively may and ahall be maclc a rule of the Supreme Court of
Queensland at the instance of any party thereto respectively.
110. Before any appraiser arhitrator or umpire shall enter upon APprniser and orhithe
consideration of any matter referred to him as aforesaid he shall trntor or umpire to
make out ancl subscribe a declaration before a justice of the peace in make c'eclrLratioll~
the form following (that is to say)-
519
for both
T A B do solemnly ancl sincerely declare that I am not
directly or indirectly interestecl in the matter referred
to me and that I vi11 faithfully honestly and to the
best of my skill and ability hear ancl determine the
matter referred to me under the provisions of the
'' C~ozvia Lands dlicmtion Act of 1868."
111. Such declaration as aforesaid shall be annexed to the brencll of decla.
appraiscment or award when made and if any appraiser arbitrator or ration to be B misdemeanor
in addition
umpire shall wilfully act contrary to such declaration hc shall be guilty o pcqiiry.
of a misdemeanor independent of and in addition to any charge of
perjury that may be broug.ht against him in respect of a false declaration.
112. Every appraisement or a-cvard under the foregoing pro- APproisement or
visions shall be in writing uncler the hands of the appraiser or appraisers award $0 be 1n
writing.
arbitrator or arbitrators or umpire malting the same and together with
the papers hereinbefcrc directed to be attached to it sliall be forwarded
with a11 coiivenient speed to the Minister and deposited as a record in
his office.
113. In case appraisers or arbitrators fail to make their amard If defanlt lnnde in
within sixty (1;~~s. after thc clay on wliiclr the last of them was ;;:.fs,;;;;ty;t;
appointed or inthin such extended time if any not, exceeding thirty
days as shall haw been cluly appointc~l hy them €or that purpose the
inatters referred shall be left to the sole decision of the umpire aurl thc
sole decision of the umpire and tho provisions of this Act -with respect
to the time for making the nppraisemcnt OF award and with respcct to
extending the same in the casc of a single arliitrator concui-rently
appointed shall apply to my impiragc.
114. If onc of two or more appraisers or arbitrators before thc Appoi1ltment of new
making of their award die or becornu incapable to act the party by arbitrators.
whom

-
31' VICTOR133 No. 46.
~-____-
C~*oto~a Lnlrds Aliei~ntio~t Act of 18C8.
- -
whom such appraiser or arbitrator T ~ appointed S may appoint another
in his stead and if lie fail to io so for sixty days next after notice in
writing from the other party in that bchalf the rer-riaining appraiser or
arbitrator niay proceed and slid1 be decmcd to ha~e been coucLiyrently
appointed by both parties.
In case of deatli of 115. If a singlc appraiser or arbitrator coiicurrently ilppoillted
single a1*bitrator Pro- die or become incapable to act before the iimking of his award or fail
ceedings to commence
de wouo. to niake his a~~-arcl wit liiii sixty clays after his appoiiitment or T\ritEn
such extencled time if any not exceeding thirt'y days as shall have been
duly appointed by liini for that purpose the matters rcfc~rcd to llim
sliall be agaiu refcrrcd to appraisenient or arbitration xinder the
provisions hereinbefore contaimd as if no reference had been already
made.
Power to nppoint
Crown bailiffs
JfisdenLect U ov T~-espss Peii a1 t ies ct 72 cl Gei?evnE Clit IISPS.
116. It shall be lawfbl for the Governor from timc to tiine to
appoint a sufficient nuniber of persons as bailifls Of croTV11 lands and
every such hailiff may ancl shall during his contjnuaiice in office and
without prejudice to tlie rights and duties of any land agent
or commissioner of Crown lands do on behalf of Eer
Majesty or on behalf of the Gomrnor or tlic Minister in
respect of all and any Crown lands or lands selected prior to grant
all neccssary acts for preventing intrusion cncroachme~lt or trespass
on such lands or for levying or recovcring the rent OF the license fee
payable in respect thereof or for taking ancl recovering possession of
any allotment or lands in case of forfeiture or for sucli other purpose
as any bailiff lawfully appointed may by law do iii respect of aiiy
lands tenements or hereditaments of his employer.
Proceedings against 117. 'VTJhenever any persoii is in tlic occupation of any Crown
trespassers. lands such person being unauthorised as a pastoral lessee
OF licensee or if so authorised contrary to or in hindrance
of the pro'isions of this Act or under color of any lease
issued under the provisions of this Act which sliall have become
forfeited or revoked it shall be lawful for any land agent bailiff of
Crown lands or police constable to prefer to any justice an inforniation
in writing setting forth such occupation and such justice shall there-
upon issue his summons for thc appearance before any two justices at
a place and time to he therein specified of the persoii against whom
aiiy such coniplaint is made and the justices if on hearing tlie case they
are satisfied of the truth of the complaint shall issue under their hands
a warrant to dispossess and remove such person from such Crown
lands and to take possession of the same on behalf of Her Majesty
and any constable to whom any such marrant sliall bc directed shall
forthwith execute the same according to the tenor and exigency
thereof.
No land ngent or 118. If any conimissioner land agent or licensed surveyor or
licensed siirve~or any district surveyor directly or indirectly purchase any land
may purchnse land in
respect of whl& J,~ declared opeii for selection in any proclamation in which he is
be eniployed. named or being land respecting Tvliicli he acts as land agent or in the
survey or classification of wliich lands he may have lieen concerned
he shall thereby forfeit his office or license as the case may
be and shall also forfeit the sum of one hundred pounds with full
costs of suit which may be recovered by any person who iiiay sue for
tlie same in tlic nearest district court or in the Supreme Court of
Queensland.
Removal of boundary 119. If any person shall Ti-ilfully obliterate remove or deface any
mark to bo a misde.
meanor. boundary tilark wliich may have beert made or erected by or under the
direction of any licensed surveyor land agent bailiff of Crown lands
arbitrator valucr or other pmon who shall have lawfully macle or
erected th,: same under or in pursuance of any of the provisions of this
Act such ;>erson so offending shall be guilty of a misdemeanour.
120, All

cFI_ _--_I_ --
31" YlU'l'OltlA3 No. 46. 021
Ci.ozun Lands Alienution Ad of 1868.
- -
120. All actioiis or other proceeclings unless undertaken 011 Lilnitation of nctlons.
behalf of the Crow1 against aiiy land agent hailif€ of CrL,i\-ii lands or
other officer acting uiider the ~wovisions of this Act for anything
mrongfully done under or against tlic provisions of this Act shall be
commenced witliin twelve months after the matter coiiiplainccl of was
committccl and not otherwise And notice in TT riting of any such action
or proccecling and of thc cause thereof shall be given to the dcfenclant
one nxontli at least before the coiiiiiieiiceiii~ntofsuch action or proceeding
Ancl in every such action or proceeding the defendant may plcad the
general issue and give this Act ancl the special matter in evidence at any
trial to be hail thereupon And the plaintiff in any such actioii shall not
recovcr if tender of sufficient amends sliall have been made before the
commencement of 'sucli action or if a sufticient sum of money shall
have been paid into court after such commencement by or on behalf
of the defendant together with costs incurred up to that timc And if
a verdict shall pass for the defendant or the 1daintifF shall becomc
nonsuit or cliscontinitc his action or proceeding or if upon demuriw or
otherwise judgment shall be given apinst the plaintiff tlie defendant
shall recover from thc plaintiff his full costs- as between attorney and
client and liave the like remedy for the same as any defendant has by
law against his plaintiff in similar cascs.
121. It shall be lalvfd for any pcrsoo" who shall feel hhselfAp]>eal to nearest from District
usticpa
aggrievecl by thc conviction or decision of any justice or justices under
any of the provisions of this Act to appeal therefrom to the district court
nearest to the place where such conviction or decision shall have been
given ancl tlie execution consequent upon the conviction or decision so
appealed from sliall he suspended on thc appellant with two or more
sufficient sureties entering before such justice or justices into a bond
or recognizance to Her Majesty in the sum of fifty pounds which
bond or recognizance the said justice or justices are hereby authorised
to take and the obligee by such bond or recognizance shall be bonnd
to prosecute such appeal to conclusion ancl to be forthcoming to abde
the determiuation of the said court ancl to pay such costs if any as
the said cowl shall awarcl against him and such court is hereby
authorised i d requirecl to hcar and determine the matter of tlie said
appeal aid in any snch matter the decision of such court sliall be final
and conclusive to all intents ancl purposes wliatsoever.
122. No oder Or other proceeding made 01' t2Lken by any NO proceedinga under
justices or any district court touching. or concerning the conviction :; ~~$W';~of
any offenders or touching or concerning any other matter or thing
arising out of the provisions of this Act shall be liable to be quashed
or vacated for want of form only or be removecl or removable by certiorari
or any writ or process whatsoever into the Supreme Court.
123. Any lease or other instrument issued under the provisions Lease I U be ~ prorod ~
of this Act may in all legal proceedings on proof of the destruction or
loss or uiiwarrantable detention of the original be provecl by the
production of a certified copy thereof signed by the officer who issued
tlie original or any of his successors iu office or by aiiy other officer
authorised for that 1mq)ose under or by virtue of any regulation issued
under tlie provisions of this Act.
124. It shall be lawful for the Gowrnor from time to time to Governor luay make
make ancl alter or rescind all iiecessary regulations for the due ueceszary regu1ntions.
carrying out of the provisions of this Act ancl foor the care
protection ancl mauagcment of all public parks and reserves and for
thc preservation of goocl order and dcccncy therein aiid all sucli
regulations shall be proclaimed and be posted in somc conspicuou5
place iu cverp such prk or rcsen-e and every per30n ~vlio sliall
knowingly and wilfiilly ofI'end against an? such regulation shall 011
convictioii hefore tl just,ice forfeit and ply n penalty not exceeding five
pounds for each such offence iii addition to any other penalty he may
incur
eelstlficd cOp~.

523 31’ VhCTORIB NO. 4G.
SCIIEDULE A.
Acts &e. repealed.
The Orders in Council and Regulations issued under the Imperial Act of Parliament
9 and 10 Victoria chapter 104 and the following Colonial enactments-
--- -~ __ ___
Date of Act. I Title of Art
4 Win. IV. No. 10 ...
5 Wm. IV. No. 12...
11 Vie. No. 31 ...
~-
... I An Act for protecting the Crown Lands of this colony from
encroachmciit intrusion and trespass
... j An Act to amend an Act intituled “ An Act for protecting
tlic Cromn Lands of this colony from encroachment
... ~ An
1
intrusion and trespass”
Act to enable trwtees of commons in New South Wales
to have pcrpctual succession ancl to empowcr tlicrn to
rephte Ihe use of such lands as may be grantcd as
commons within tlie said colony and for other iiurnoses
j relating tliercto
54 Vie No. 15 ... ... The Alienation of Crown Lands Act of 1850
37 T’ic. No. 23 ... ... I The Acricultural Reserves Act of 1SG3
20 Vie. No. 12 ...
... ! The L&sin,n Act of lSG6
And all resolutions of both Houses cr either House of the Parliament of Queensland
relating to the occupation alicnatioii or otlicr diipo,-nl of the Crown lands of the colony
of Queenslaiid and all regulations mndc undor any of tlic abovcmcntioaed Acts or any of
the resolutions above referred to.
SCHEDTJLE B.
SETTLED DISTRICT.
Commencing at Point Danger and bounded tlience by tlie snuthern boundary of
the colony wcstcrly to Naryland tbcnce ~JY Hcrrics’ Rnngc aid the rang scpnting
the Co idaininc River from the Mclntyrc River T’;eir River and Jlooiiie River to the liead
of Wiilrie’s Creek tlieii by the wntcrslind sepratinz the Condaminc River from TVilkic’s
Creek
‘ 1

31’ VICTORIB No, 46.
__ - .- - ___-_
Cvozoii Lands dlio~nf~on Act of 1568.
~ -- ___ ._ ----------- __
___creek
to their junction then by the Condaminc Rivcr to the jnnction of Gooranga
Creek then by that crcclr to its head in the Great Dividing Range then by said range
and tho rang separating the Urisbanc River from the Eurnett River thence by
the range seixmtting the i\Iary River from the Brisbane River thcncc by the range
separating the Mary niver from tbc Burnett Piivcr and by a spur range to the
junction of the Degilbo Creclr with the Ihirnett River thence by a line north-west to thc
sepnrating the Burnett Rivcr from tlie Kolan Rivcr thence by that rangc and by
the rang scpxrating thc Ihrnett River from thc Doync liiver and Kroombit Creek thencc
by the range separntiug the Danson Rircr from Krooxibit Creek and the Dee Eiver tu
31ount Spencer thcncc by tlie mcstern watershed of Googanja Creclr to the jnnction of that
nit11 the Pitzroy Rivcr tliencc by n lint. north-west to the rmzc scprating the
nI&enzie River from the streams tributary to the River Fitzroy below Googanja Oreck
thenee by that rnngc 2nd the range SCparZting thc ISnaC’R River from matcr flowing direct
to the coast t? Long Hill tlicncc by a line bc.iring nolth-wcst to n point thirty inilcs in a
direct linc from tlic seaconst thcrlcc by a line pardlcl to the seacoast at a diskincc of
thirty liiilcs to tlic 138 dcgrccs meridian of east longitoclc being thc west boundary of tho
colony thencc by that boundary to tllc senconst and by thc beaconst to tlie point of commencement.
_____ - __ .-
SCHEDULE C.
Applicatioii ~IJ io sclect C‘rowi~ Lands.
Receivcd this day of 18 at o’cloclr Agcn t
Policc Distiict of 18 *
I* alii desirous of purchasing the portion of
Crown Land? liereunder described which is now open to selection without compctition
having bcen previously offered for , de and not bid for (or sold and the deposit thereon
forfeited as the case may be) and I hereby tender the sum of
pounds
shillings nnd
pence as the price thereof including the Fee on the Dccd.
No of lot at previous sal?
............
Date of proclamation ...... ........
Date when offered for sale ............
No. of acres in the lot ........ ......
County .....................
Parish or place ..................
No. of portion ...... ............
Upset price (if not bid for) ............
Price at which sold (if deposit forfeited) 2 ......
Less deposit forfeited ...............
[Applicant’s signatiwe]
Land ...... 2
Deeds ......
--
--
e
The Agent for the Sale of Crown Lands
and
--
&
--
Received from the sum of pounds shillings
pcncd as the price of the land above described.
Agent for the sale of Crown Lands at
* Insert the Christian and Burnmm1 nt fill1 length.
f Near1 st post town.
SCHEDULE D.
Application to Lease Lands fov Cultivation of Sugar or cofee.
To the Commissioner of the District of
Sir
I hereby apply in pursuance of the provisions of the sixty-fifth section of tlie
‘I Cvoru~ Land:: Alienation Act of 1868 ” to be declared and entered as Lesscc of the land
specified below.
I herewith tender yon the slim of as the first year’s rent payable in
advance for the said land at the rate of
Bud 1 agree to all the conditions and restrictions of thc said Act 60 far as the E~IIIC
apply to the said land.
[ Xigizature]
--
Bescrixtioiz.
county of parish of
per acre.
Received from the sum of pounds
shillings and pence 3s the rent of the land above described and survey fee.
__________
SCHEDULE
823

624
-- . _-____
Crow~~ Lauds dlieiiatioii Act of 1868.
____ - __
SCHEDULE E.
Applicatioi, by io Lease Lands Before Sui-vey.
Received this day of 1s
A gc11 t.
Rt o’clock.
I
Policc District of
1% ,
do hereby state my desire to bccomc the
lessec of the Crown lands hereunder described which is now open to selection without
competition under the proTisions of the (( Alieiiuiion of Ci.oi(312 Luiids Act of 1868 ” and
I hereby tendcr the sum of pounds shillings aud
pencc as the first year’s rcut togethcr with thc surrey fee
I
Aren. I
I declare that I livp
in Queensland and that I am above the age of twenty-one ycars and that I apply for such
portion on my own behalf and for NY own USC aud not :IS au agent or trustee for any
othcr person whatsoever And I further declarc that I apply for the said portion in order
that I inay use the same and that I liavc not entered into any ngrcemcnt to sell deinisc or
mortgage tlie said portion.
[ SiyliutulY.]
Declared before me
[Sign a tu 1.e .I J. 1’.
Area of Land applied for-
Acres.
and
Agricultural land ............
First-class pastoral land .........
Sccond-class pastoral land .........
Total area ............
Desci-iptioii of Bountluiies.
-
Received from the sum of pounds shillings
pence as the rent of the land above described and survcy fee.
Land Agcnt.
__-
SCHEDULE E’.
Application to Purchase .Niiieral Lands.
Pursuant to the provisions of section thirty-two of the Act of the Legislature of
Qtieensland 31 Victoria No. 46 aud of the regulations established thereunder( 1)
of do hereby apply to purchase without competition acre8
roods and perches of land in the(%) of (and which lands are morc
particularly described in the schcdulc annexed) for the purpose of mining for(3)
and hereby tcnder the sum of paunds shillings and pcuce a6 tho
required deposit upon the purchase of the said laud at the rate of five shillings per acre.
Giren under hand this day of 18 .
[Sigil a tu re]
To the Minister for Lands Brisbane.
Received from the fium of pounds shillings and pence
being the amount of the deposit on the purchase as above proposed.
(I) 1 01 we all names in full.
(’) Connty 07 District.
(”) Desciiptioii of minerals to be dug for nud worhcd.
Treasurer.
Brisbane 18 .
[Xigiiature of Applicant.]

31" Y.LC'l'OXWl3 No. 46.
Croirii Lnirtls Alieiri~~ioiz Act uf 1868.
_I-.____ _.- -
SCHEDULE G.
Tvci~isfe~. of Lease undei.
Sir
hereby notify to you that hJve assigned and
transferred to of
all
riglit title and interest in and to the lease of Crown lands hereunder
described-
KO. of acres in 11ie lot ............
County ..................
Parish or place ...............
And nov held by
under the Crown Lands Alienation Act of 1868
(31 Victoria No. 46) from the Crown and
hereby relinquish in favor of the
said
all and any the'riglits and privileges which may belong or accrue to
as the lessee of tlic said land.
As witness hand at this
day of
in the year of our Lord one thousa~~d
eiglit liuncl~d and sisty-
Signed by the said
in the presence of
[J.P. 011 Coininissioner of the Supreme Court.]
To thc IIinistcr for lrands Brisbane.
A fcc of tcn diillillgs iituut be paid OLL every tmiisf'w of 3 1c.m.
Separate fonus of tippLc:ition must bc fillcl1 and d111y signed fur each leaso to be trunsferred.
The Icnsc mist he sriit in will1 t,lw :Lppliration to transfkr that snch transfer mag be notcd thcreon.
SCIIEDULE 11.
Schedule of Fees to be pirl by Selectors and Purchasers to tlefi-uy the cost oj Suwg
Ami of Lnud.
Surrey Fec.
E s. d.
40 acres and under 60 acres ...... 3 8 0
60 It
11 80 I1 ...... 3 10 0
80 I1 I1 120 ,I ... .. 4 12 0
120 I1 I, 100 11 ...... 5 4 0
160 I f
I) 240 I1 ... ,.. 5 16 0
240 11 ,I 320 I1 ...... G 4 0
320 11 I1 480 1) ...... 7 0 0
480 ,I1 I1 640 I1 ...... 7 18 0
610 j i ...............
8 0 0
And for every additional 640 acres or part of 640 acres after the first 640 acres 24.
Soliedtile (,f
SCREDUTiE I.
Deed Fees chatyeuble on Deeds of Gpant in Fee ,%rnple.
Not exceeding
,1
s. d.
50 acres ......... 1 0 0
100 ,] ......... 1 5 0
500 ,, 1 10 0
I1
.........
........
.........
11 1,000 2 0 0
I) 2,000 3 0 0
I1 5,000 ......... 4 0 0
I 10,000 ,, ......... 5 0 0
- ........... T ...... P narr cnrernment Printer. Wil!iain Street, Brisbam.