Page images
PDF
EPUB

vested in the Crown, and are not dedicated to some public use-to be divided in three classes:

(1.) Town Lands, i.e., those within the limits of any present or future town or village, or within five miles of the boundaries of Hobart Town or Launceston.

(2.) Agricultural Lands, i.e., those within limits proclaimed by the Governor in Council as "Agricultural Districts," or those which the Commissioner may notify for sale as Agricultural Lands.

(3.) Pastoral Lands, i.e., lands not comprised in the first class, and not being within agricultural districts, which the Commissioner deems unsuitable for cultivation.

Sects. 15 and 16. Lowest Upset Price.-The Commissioner from time to time, subject to Governor's approval, to fix upset price, which is not to be lower than that fixed by the Act, plus the cost of survey, and the deed of grant. No land to be sold below the advertised upset price.

Sects. 1, 12, and 14. Auction.- Town lands in Hobart Town and Launceston, and other Waste lands of the Crown, inay be sold by auction after being surveyed and mapped, and notice of sale and particulars of lands published within three and not less than one month of sale.

The 21st sect. of the Waste Lands Act, No. 4. (31 Vict., No. 27, 1867) repeals the 10th sect. of the Act of 1863, and fixes 11. as the lowest upset price; but if the land be not sold by private contract within three months from the auction, it may be again put up to auction at an upset price of not less than 10s. per acre.

Sect. 13. (27 Vict. No. 22.) Size of Lots.-For agricultural lands the lot is not to exceed 320, and for pastoral lands 1,280 acres.

Sects. 17 and 18. Sales by Private Contract.. Town lands other than those in Hobart Town and Launceston, and Agricultural and Pastoral lands unsold at auction, to be advertised in Gazette and sold by private contract at the upset price to the first applicant within one year after auction, and before the lands are again put up to auction, unless there be simultaneous applications for the same lot, when it is to be again put up to auction.

Sects. 19, 20, 21, 22, 25, and 26. Fixed Price.Any person may, on paying the expense of survey, select from unoccupied land not being town lands or lands reserved for sale, or under lease, and purchase by private contract at the fixed price of £1 per acre 320 acres in one or more adjoining lots of not less than 40 acres each. In the case of what are termed "unsettled lands" the price is 108. an acre, and the size of the lot not greater than 640 acres.

Sect. 70. Any land obtained in contravention of this restriction is to be forfeited. The land thus selected to be subject to all rules to be prescribed as to form or figure of such lots, and must be surveyed before Grant issued. See also sect. 8. of No. 25 of 1867.

Sects. 27 to 34. Payment of Purchase Money.Purchasers may elect at time of purchase to buy on credit, or for prompt payment, (i.e., at auctions one

fifth down and the residue within one month; at private sale the whole down). Where credit is chosen, whether the purchase be at auction or by private contract, one fifth of the price is to be added, by way of premium, and one fifth of the aggregate sum is to be paid down, and the residue by annual instal ments of one tenth. On failure in payment of any instalment within 60 days, the land is to be put up again to sale by auction; and if the overdue instalment is not paid 14 days previous to the day fixed for the sale, then the deposit and all previous instalments are to be forfeited, and the land is to revert to the Crown to be sold by auction for not less than the balance due. If sold for more than the balance due and deposit, the excess to be paid to the original purchaser. Instalments may be paid off at any time, and in that case the credit premium is to be proportionately reduced. No land is to be sold on credit! where the price is less than £15.

Sects. 36 and 37. Transfer.-No purchaser_can ¦ transfer his land without the written consent of the Commissioner, until the whole purchase money is paid; but it will pass to his devisee, or in case of intestacy to his personal representative, i.e. executor or administrator.

Sect. 38. Grants for Wharves.-The Governor in Council may make Grants (as to price and otherwise, as he may think fit) for wharves, slips, &c., conveying the exclusive right to the water covering the soil; but not to interfere with the right of access to the sea of any neighbouring proprietor, and no grant to be made where it would interfere with the navigation. Sect. 39. Watercourses.-Governor in Council may grant right of constructing Watercourses across public

reserves.

Sect. 40. Deed of Grant.-All lands must be granted by the Governor under the public seal of the Colony, and enrolled and recorded.

Sects. 41 to 49. Leases.-The Commissioner must advertise, from time to time, lands for leases not exceeding 14 years, fixing the rent according to the best estimate he is able to form; provided that if the land has been previously let or occupied under a depasturing licence, within one year prior to such notice, the annual rent is not to be less than £1 per 100 acres; but if the land has not been so occupied, then the annual rent is not to be less than 10s. per 100 acres.

Railways, &c.-The Governor in Council may lease lands for Railways or Tramways at a pepper

corn rent.

Pastoral Leases.-The Commissioner may, without advertisement, lease for any term not exceeding 10 years, and at an annual rent of not less than 17. per 100 acres, Pastoral lands not previously occupied within a year. The lots are to contain not less than 500 nor more than 2,500 acres. The rent of every lease is to be payable half yearly in advance, and the lease is to be determinable if the rent is not paid within a month; also upon a six months' notice given with theconsent of the Governor, in Council, if the land is required for sale. If the land be not sold the Lessee is to have the option of continuing his lease.

Lease of Islands.-The Commissioner may lease

by public auction any island or part of an island for a term not exceeding 14 years, the rent to be payable half yearly in advance.

Mineral Lands, Sects. 52 to 55.-The Governor is empowered by proclamation to except any lands supposed to contain Minerals from the 19th section of the Act, which gives a right of selecting 320 acres for purchase by private contract, and the Commissioner may decline to sell such lands; but he may grant Mining leases not exceeding 21 years, nor 80 acres for metalliferous lands, nor 320 acres for coal lands, with a right of renewal for 14 years on payment of a fine. The Governor may also make regulations for the sale and removal of Guano.

Agricultural Areas, Sects. 56 to 59.—" Agricultural areas may be proclaimed by the Governor, which are to be divided into lots containing not more than 100 acres, each, and having a frontage upon a road to be made through them. A road to be laid out through such area to a cross-road or place of shipment. Lots may be leased for 20 years at a rental of 6d. an acre for the first 3 years, 1s. per acre for the next 2 years, and 2s. per acre for the remaining 15 years. Lessee to have the right to purchase at 17. the acre at any time during his lease. The first year's rent, together with the survey fee, to be paid before any lease is entered into. Lessee or some member of his family to commence residing on the land he leases within a year of first taking it, or to forfeit. No person to hold more than one lot, unless an additional one comes to him by descent, devise, or marriage.

Unsettled Lands, Sects. 61 to 64. Free Grants.-A certain portion of the Colony, as described in the Act, is to be called "Unsettled Lands," and to be dealt with on the footing of Gratuitous Grants and Leases, but subject to conditions of settlement and improvement. The Commissioner may enter into written contracts for Grants in fee of portions of the unsettled land of not less than 50 nor more than 1,000 acres, subject to such regulations as the Governor in Council may prescribe, and to the following conditions: That the applicant is possessed of capital, including live stock, implements of husbandry, &c., equal in amount to 11. for every acre applied for; that he has not obtained a previous grant of unsettled lands; that he will not, without the written consent of the Commissioner, assign his interest until he has obtained a full Grant; that he will reside on some part of the land for five years, and, within that period, fence and bring into cultivation at least 5 acres for every 50 acres contracted for, or else erect buildings and machinery to the value of 2501. for every 50 acres. If the condition be not fulfilled the land may be resumed, or if partially fulfilled the Governor may extend or make a grant of part of the land. Although the Contractor may not assign his interest he may appoint a person to take the land in case of his death. The Contractor has the option of purchasing his land before the expiration of his contract at the fixed price of 10s. an acre, and on the same terms in other respects as if the lands were in the settled districts.

Gratuitous Leases, Sects. 65 to 69.-Gratuitous leases for 10 years and not exceeding 10,000 acres may also be made of the unsettled lands. In addition to any general regulations prescribed by the Governor, the Lessee must covenant to stock the land within two years with sheep or cattle in the proportion of 50 sheep or 10 head of cattle for every 1,000 acres, and to keep the stock on the land during five months of every year. After the expiration of the first two years the lessee may determine the lease on six months' notice. The Government may determine at any time on a like notice if the land should prove to be auriferous, in which case the Lessee is entitled to compensation for reasonable improvements. The Lessee is not at liberty to assign his interest in the lease without the consent of the Commissioner; and the Commissioner may at any time require proof that the conditions of the Act have been complied with.

Road Fund, Sects. 86 and 87.-One fourth of the proceeds of the Waste Lands is to be set apart after the 1st of January 1864, as a road fund for assisting in the construction of roads, tramways, bridges, jetties, and wharves. The fund is to be applied in the proportion of one sixpence to every shilling raised by assessment in the several road districts of the Island. The other portions of the Act relate to minor matters, legal proceedings, and penalties, forfeitures, &c.

By sect. 25 of Waste Lands Act, No. 4 of 1864, the Governor in Council may lease any portion of a Crown reserve for 30 years for the purpose of constructing any Mill or Manufactory; also by the Act No. 2, sect. 3, the Governor may grant or lease any land which may be required for the construction, by private enterprise, of railways, tramways, docks, &c., if such alienation is recommended by a Resolution of both Houses of Parliament.

The Amending Act, No. 4. (1867), provides (sects. 3 to 7) for the proclamation and leasing of Agricultural areas; for securing their occupation by the tessee or some member of his family; and for raising Imoney by debentures for the construction of roads and bridges within them. It makes provision (sects. 10 to 18) for the leasing of lands for Mining purposes. It extends (sect. 19) the provisions of the Act of 1863, which appropriates one-fourth of the net receipts from the sale or lease of land to the construction of roads; (sect. 20) and of other public works also. It fixes (sect. 21) the lowest upset price of land at 20s. an acre, subject to a reduction, with approval of the Governor in Council, to not less than 10s, an acre, if the land is not sold within three months of the auction. It also makes (sect. 20) provision for the leasing of Crown reserves, and (sect. 26) for the grant of land to Municipalities for municipal purposes.

The object of the Amending Act, 32 Vict. No. 18 of 1868, is to facilitate the acquisition of land by persons of limited capital. With this view it allows the purchase by private contract, and on a credit extending over 14 years, of lots not exceeding 100 acres; but to prevent land jobbing, it requires, on pain of forfeiture, continuous residence by the purchaser, his tenant or servant, until the whole of

H

the purchase money be paid, and provides that no one shall hold at any one time more than one such lot. The price of each of these credit lots is 1331. 6s. 8d., or at the rate of 11. 6s. 8d. per acre; the 331. 68. 8d. being for the credit given. In addition to the price there is a charge of 8l. 158. for survey fees, 15s. for the deed of grant, and 10s. 4d. for recording it.

Where 1000 acres of contiguous lots are sold under the Act, one half of the purchase money is to be applied to the construction of roads in the vicinity of the land, unless there is an existing road within a mile. The money in the first instance is to be raised by debentures, not exceeding one half of the purchase money (exclusive of the addition for credit or interest) secured on the land fund.

The following summary may be useful to intending emigrants.

According to the foregoing Acts, waste lands may be secured without competition, except they are lands already reserved for sale,-town lands,-lands under lease, or lands advertised for sale by auction.

The lands thus excepted amount to more than a million of acres.

The upset price of good agricultural lands is 17. per acre, exclusive of the cost of survey and of the deed of grant. At this price a great part of the land in the Colony may be obtained; but if credit is taken, the quantity of land cannot exceed 320 acres, and the price is raised to from 24s. to 28s. per acre, according as the payments are made to extend over 8, 14, or 20 years.

Much of the Crown land, fitted for tillage, is covered with dense forests, but this indication of its great fertility is not looked upon as a serious objection.

Gold Fields.

The Gold Fields are now attracting much attention, both in the Colony and in Victoria. Several companies have been formed to work the alluvial deposits as well as the quartz reefs.

In many instances the quartz shews gold largely distributed throughout the reef and casing, and there is every reason to anticipate that important results will accrue to the Colony as soon as the necessary machinery has been erected, and the operation of crushing and extracting the gold fairly commenced,

The conditions under which Mining Leases for Quartz Reefs and Alluvial Land and Licences in connexion with the working of Gold may be issued are contained in the amended Regulations issued by the Governor in Council (13 Dec. 1869) under the authority of the "Gold Fields Regulation Act " of 1859. The regulations are framed with the view to secure the interests of bona fide miners, and to prevent the locking up of auriferous ground in the hands of speculators.

The substance of the principal Regulations for the Leasing, &c. of Mineral Lands issued on the 11th February 1867, is as follows:

All applications for Leases to be made to the Commissioner of Crown Lands.

Priority of selection to be given to first applicant,

or to the original discoverer, if the latter should claim a Lease within 90 days of first applicant.

Ordinary Leases of Coal Lands to include not more than 320 acres nor less than 40. Leases of other Mineral Lands not more than 80 nor less than 20 acres. The annual rent for Coal Lands to be 2s. 6d. per acre, for any metal 5s. per acre, or such higher rental as the Governor may fix, except in the case of the Discoverer whose rent is not to exceed £1 per acre.

The lots to be in rectangular figures, of which the length is not to exceed the depth in a greater proportion than 4 to 1.

Leases to be forfeited if rent be not regularly paid, or if mining work is not satisfactorily carried on as prescribed in the Regulations.

The Lessee, after three years' occupation, to have the right of purchase at a valuation.

*

NEW ZEALAND.

This Colony is divided into eight Provinces and one County, with a separate government in each. There is also a General Government over the whole. In the four provinces of Nelson, Marlborough, Otago, and Canterbury, and in the county of Westland (formerly part of Canterbury but now separated from that province), the Crown has extinguished by purchase the native title over all the lands. In the other four provinces, which are situated in the Northern Island, viz., Auckland, Wellington, Taranaki (formerly New Plymouth), and Hawke's Bay, this result has only been partially effected, and the native title still exists over large

tracts.

An Act, 26 Vict. No. 42, has been passed by the General Assembly, enabling natives to sell their lands to private individuals. Previously they were prohibited from alienating their lands, except to the Crown.

The management of the Crown lands throughout the colony has, by the Imperial Act 15 & 16 Vict cap. 72, granting the colony a Constitution, been vested in the General Assembly. The General Assembly, in its session of 1858, accordingly passed an Act, No. 75, to regulate the disposal and adıninistration of the waste lands of the Crown in New Zealand. This Act (called "The Waste Lands Act, 1858,") gives validity to all regulations for the disposal of the waste lands of the Crown previously in force in the different provinces, except so far as they may be inconsistent with the Act.

The following are some of the principal provisions of the Act No. 75. of 1858:

Not more than 320 acres shall be put up to sale by auction in one lot, and the upset price shall in no case be less than 5s. an acre. After the 1st of August 1860, no land shall be sold upon credit, except what may be lawfully set apart for special settlement by expected immigrants. Priority of choice for the same piece of land shall, in no case, be decided by lot, but by auction, at which only the

* In 1870 the Province of Southland was re-incorpo rated into Otago.

applicants for the lot shall be allowed to bid. This provision not to extend to applications heard before the Waste Lands Board, at Canterbury. Sect. 1.

The Governor in Council may, upon the representation of the Superintendent and Council of any Province, augment the price at which the Crown lands in that Province shall be offered forsale. Sect. 2. The Governor is empowered to fulfil engagements, evidenced in writing, heretofore made on behalf of Her Majesty, and also to make reserves for purposes of public utility or convenience. Sects. 11 and 12.

Immigration.-By an Act of the General Assembly, 32 Vict. No. 42, entitled "The Immigration Act, 1868," the Council of any Province is authorized to appropriate for four years one fourth of the land revenue subject to its control to the selection and conveyance of emigrants to the Province from the United Kingdom or from any other place except the Australian Colonies; the unexpended appropriation of any one year to be applicable to the service of any other year included in the period fixed by the Act. The Superintendent, with the advice and consent of the Executive Council, if there be one, is to enter into contracts and make rules for the selection of emigrants and their conveyance to the Province; and for the nomination of immigrants by persons in the Province; and for other purposes of a like nature. Any person making in the Colony false statements for the purpose of obtaining a passage for himself or any other person is subjected to a penalty not exceeding 50l. in addition to the price of the passage, and on default of payment to imprisonment not exceeding six months.

Immigration and Public Works.-No. 77, "The Immigration and Public Works Act, 1870," confers on the Governor the following amongst other powers: (1) to expend, out of moneys authorized to be raised under "The Immigration and Public Works Loan Act, 1870," (No. 80,) 400,000 in the construction and maintenance of roads, bridges, and ferries, at a rate not exceeding 100,000l. in any year; (2) to expend an equal amount in the construction of railways in the Middle Island; (3) to agree with contractors, for payment of the works either in money or by grants of land, or by lease of the line, or by guarantee of profits not to exceed six per cent. per annum on a fixed amount of capital, or by subsidies not to exceed one third of the cost of construction; and (4) to expend such further sums on railways in the North and Middle Island

as

the General Assembly may prescribe. The grants of land for railway purposes are not to exceed 2,500,000 acres, nor the money payments and pecuniary liabilities 7,500,000l. in all.

On the request of the Superintendent of any Province, the Governor is also empowered to construct and maintain works for the supply of water to gold fields to the extent of 300,0004, of which the outlay in any one year is not to exceed 100,000%. He may also, at the like request, purchase or acquire lands in the North Island to the extent of 200,000l., the cost of which is to be charged to the particular Province in which the lands lie; and the lands so purchased are to be subject to the provisions of the Waste Land Laws of that Province.

The 5th Part of the Act relates to Immigration.

It empowers the Governor, at the request of the Superintendent of any Province, to contract for the introduction of immigrants. Any such contract may form part of any contract for the construction of railways or other authorized public works, -or it may relate solely to the selection or introduction or employment on such works of immigrants,-or it may provide for giving them free or other grants of land, or for compensating the contractor either in money or land, or by guaranteeing to him the repayment of the amount he may have expended on such purposes, with interest not exceeding six per cent. per annum. But the amount applicable to immigration is not to exceed 1,000,000l., exclusive of contracts for the introduction of immigrants under any contract for the construction of railways or other authorized public works. To facilitate the speeedy introduction of immigrants, the Governor may expend for that purpose not exceeding 150,000l. up to the 31st December 1871, but after that date the amount to be annually devoted to immigration is to be voted by the legislature. Half of the cost, with interest, of the introduction or settlement of immigrants, is to be charged to the Province into which they are introduced, at a rate not exceeding 30s. per head per annum.

Provision is made for the appointment of an Agent General in the United Kingdem, and of Immigration Agents in the Colony,-and also for giving effect to contracts of service made out of the Colony by immigrants with the Governor or any agent he may have appointed, in the same manner as if such contracts had been made in the Colony. But any resident magistrate or two justices of the peace may, in a summary way, cancel or modify any such contracts which an immigrant may have been induced to enter into through misrepresentation, or in ignorance of facts that ought to have been communicated to him, or which he may show to be unfair towards him.

The Governor in Council is authorized to make regulations for the conduct of Immigration into the Colony generally, and for the nomination of immigrants by residents therein; and, at the request of the Superintendent, like regulations for any particular Province.

By an Act of the General Assembly, No. 80 of 1870, the Governor is empowered to raise, in Great Britain or elsewhere, a loan not exceeding 4,000,000%. for the purpose of immigration, railways, and other specified public works. And it is provided, that if any part of the loan shall be raised by means of a guarantee of the Imperial Parliament, the maximum of the loan under the Colonial Act is to be reduced by the amount of the guarantee.

The Imperial Parliament has by an Act, 33 & 34 Vict. cap. 40, "The New Zealand (Roads, &c.) Loan Act, 1870," guaranteed, under certain conditions, a loan to the extent of 1,000,000l. for the purposes of the construction of roads, bridges, and communications, and of the introduction of settlers into the Colony, and for the payment of the interest on the guaranteed loan at a rate not exceeding four per But the Treasury is not to guarantee in any one year a larger sum than 200,000l.

cent.

96

DISPOSAL OF CROWN LANDS-QUEENSLAND.

Range, and Gundagai Fields; in the latter, Kiandra Gulph, and Shoalhaven. Of these, Burrangong has been by far the most important, and may be said to have ranked next to the Lachlan. Emu Creek Gold field is within the watershed of Emu Creek, from its course downwards to its confluence with the Tiagong Creek. This Gold Field has attracted considerable attention from the number of extensive gold-bearing quartz reefs that have been discovered and opened there. They are by far the largest reefs ever discovered in this Colony, and have yielded unusually large returns.

13. The Tyagong Creek Gold Field adjoins the Emu Creek Gold Field, and comprises the watershed of that creek downwards to its junction with the Burrangory Creek. This Gold Field is more remarkable for its alluvial deposits than for its quartz reefs, although at first the discoveries were entirely confined to the latter branch of mining. The alluvial workings have not been very remunerative, but have paid perhaps ordinary wages to the miners employed. The quartz reefs on this Gold Field have been for the most part abandoned.

The Emu Creek and the Araluen Gold Fields are the most important that are now being worked in the Southern Gold District.

Northern District.

14. Liverpool Plains, Hanging Rock, and Peel River. Gold has been discovered at Ironbark Creek. 15. New England.-Rocky River, within and upon the boundaries of the Kentucky, Balala and Saumarez runs, is situate on the Kentucky Creek and Rocky River. There are gold fields at Timbarra, Tooloom, Pretty Gully, Oban, Glen Elgin, Puddledock, and Congi.

16. Gwydir, Bingara.-This gold field extends from the table lands at the sources of the Bingara and Courongara Creeks to their junction with the Gwydir, including an area of 17 by 5 miles, which comprises also the Bora and Spring Creeks, both auriferous.

17. Upper Hunter.-Moonan Brook, distance about 25 miles from Scone.

The following table taken from the Statistical Registers of the Colony from 1861 to 1868, shows the quantity of gold received in Sydney by escort for that period. The quantity received privately cannot be ascertained. For the quantity exported see post.

[blocks in formation]

QUEENSLAND.

[1871.

The disposal of land in Queensland is regulated by an Act passed by the Colonial Legislature in February 1868, 31 Vict. No. 46, called "The Crown Lands Alienation Act of 1868;" and to some extent by the Immigration Act of 1869, 33 Vict. No. 9, "The Leasing Act of 1866," 30 Vict. No. 12, "The Pastoral Leases Act of 1869," 33 Vict. No. 10.

The first Act repeals, consolidates, and amends all previous Acts and Regulations relating to the disposal of the Waste lands of the Crown in Queensland, except the New South Wales Gold Fields Act, 20 Vict. No. 29. It provides for the appointment by the Governor of District Crown Land Commissioners for carrying out the Act, and defines their duties. It directs that the necessary notice shall be at once issued to all holders of farms within the settled districts, which are specified in a Schedule attached to the Act.

Pastoral Leases.-But tenants who surrender their runs within six months are allowed to receive back a lease for 10 years of one half of what will remain of their runs after deducting township and railway reserves. The land so leased is not to be subsequently resumable except by resolution of both Houses of Parliament. The rent to be paid by the tenant for the half run is to be the same as he before paid for the whole, but he is to have a right of pasturage over the whole, so long as the resumed half is not required for sale or otherwise. Tenants who do not accept the above compromise are to be permitted to retain their runs, but subject, on 12 months notice, to free selection of the whole by purchasers, or to resumption for sale by auction. Unlet country lands in the settled districts are to be at once open for selection, and similar lands in the unsettled districts are to be open selection as "Second Class" pastoral lands.

for

Public Reserves.-The Governor is authorized to make town and other reserves, and to reserve all lands required for public purposes, and it is provided that all Crown lands within three miles of a railway shall be held as railway reserves. The Governor is also authorized to divide lands not previously divided, into counties and parishes. Lands on which improvements to the value of 201. have been made may, within a specified time, be sold to the person who has made the improvements thereon by private contract.

Mining Purchases.—Sales may be made for mining purposes, other than for gold, to an extent not exceeding 640 nor less than 40 acres, at a price to be fixed by the Governor not less than 17. an acre; one fourth the price to be paid down and the balance

within 12 months.

Land Agents.-Land Agents to act for the Local Government may be appointed by the Governor in

Council.

Conditional Sales-Country land comprised in Railway or Township reserves or in reserves made under the Agricultural Reserves Act of 1863, is to be open for selection by "conditional purchasers." It is to be divided into (1.) Agricultural; (2.) First Class Pastoral; and (3.) Second Class Pastoral. These different classes of land are to be purchase

« EelmineJätka »