Go to Parliamentary Debate (no provision for Aborigines) 1861

NOTES: A copy of the this document is available in the Statutes of New South Wales.

An act for regulating the Alienation of Crown Lands

1861

 

NEW SOUTH WALES

ANNO VICESIMO QUINTO

VICTORIĆ REGINAĆ

No. 1

[Assented to 18th October 1861]

Whereas it is an expedient to make better provisions for the alienation Preamble

of Crown Lands. Be it enacted by the Queen’s Most Excellent

Majesty by and with the advice and consent of the Legislative Council

And Legislative Assembly of New South Wales in Parliament assembled

and by the authority of the same as follows:

1. The following terms within inverted commas shall for the Interpretation

purposes of this Act unless the context otherwise indicate bear the

meanings set against them respectively -

"Crown Lands" - All Lands vested in Her Majesty which have

not been dedicated to any public purpose

or which have not been granted or lawfully

contracted to be granted in fee simple.

"Town Lands" - Crown Lands in any City, Town or Village or

set apart as site for the same.

"Suburban Lands" - Crown Lands declared in the Gazette to be

Suburban by the Governor and Executive

Council.

"First Class Settled Districts" - Lands declared to be of the

settled Class by the Queen’s Orders in

Council.

"Second Class Settled Districts" - Lands converted into the

Settled Class by the Act twenty-three

Victoria number four or that may be hereafter

be converted under the Crown Lands

Occupation Act of 1861

Crown Lands Acts 1861

Page 2 of 11

25ş VICTORIĆ No. 1

____________________________________________________________________________

Crown Lands Alienation - 1861

____________________________________________________________________________

"Orders in Council" - The Orders in Council and Regulations

from time to time issued under the

Imperial Act fifth and sixth Victoria

chapter thirty-six and ninth and tenth

Victoria chapter one hundred and four.

"Minister" - The Minister for the time being charged with the

administration of the Public Lands.

"Land Agent" - Any person duly appointed to sell Crown Lands.

"Land Office Days" - Days notified in the Gazette upon which

Land Agents shall attend at the Land

Offices of their Districts respectively.

"Appraisement" - Settlement of price value or damage by

appraisers appointed in manner prescribed

by this Act.

"Arbitration" - Settlement of boundaries by arbitrators appointed

in manner prescribed by this Act.

"Improvements" - Improvements on Crown Lands or Lands

conditionally sold to be the value to be

determined by appraisement if disputed

in Town and Suburban lands of not less

than twice the upset price of the allotment

or portion on which the improvements

may stand and in other lands of not

less than the unimproved value of the

lands to be in like manner determined

not being less than one pound per acre.

"Frontage" - Frontage to any road river stream or watercourse

which according to the practice of the

Survey Department ought to form a

boundary between different section or

lots of land.

2. On and after the passing of this Act the Orders in Council Repeal

shall be repealed. Provided that nothing herein shall prejudice Council

or affect anything already lawfully done or commenced or contracted

to be done thereunder respectively or to prevent the several

provisions of the said Orders in Council from being carried into effect

with respect to lands under lease or promise of lease made previously to

the twenty-second day of February one thousand eight hundred and fiftyeight

during the currency of such leases as fully as if the same had not

been hereby repealed.

3. Any Crown Lands may lawfully be granted in fee simple or Alien

dedicated to any public purpose under and subject to the provisions of Land

this Act but not otherwise And the Governor with the advice of the

Executive Council is hereby authorized in the name and on behalf of

her Majesty so to grant or dedicate any Crown Lands.

4. The Governor with the advice of the Executive Council may Publish by notice in the Gazette declare what portions of Crown Lands shall be set of

apart as the sites of new cities towns or villages and define the limits town

of the suburban lands to be attached thereto and to any existing city land

town or village and also the portions of town lands or suburban lands to

be dedicated to public purposes and what lands shall be reserved from sale

until surveyed for the preservation of water supply or other public purpose

And upon any such notice being published in the Gazette such

lands shall become and be set apart attached dedicated or reserved

accordingly Provided that within one month should Parliament be then in

Session and otherwise within one month after the commencement of the

next ensuring Session of Parliament there shall be laid before both Houses

of Parliament an abstract of all such declarations.

5. The Governor with the advice aforesaid may by notice in the Dedication of Crown

Gazette reserve or dedicate in such manner as may seem best for the lands to public

interest any Crown Lands for any railway or railway station -

any public road canal or other internal communication - any public

quay or land-place - any public reservoir aqueduct or water course -

or for the preservation of Water supply - or for any purpose of defence

or as the site for any place of public worship any hospital asylum

or infirmary any public market, or slaughter-house any college school

mechanics' institute public library museum or other institution for public

instruction or amusement - or for any pasturage common - or for public

health recreation convenience or enjoyment - or for the interment of the

dead - or for any other public purpose And upon any such notice being

published in the Gazette such lands shall become and be reserved or dedicated

accordingly and may at any time thereafter be granted for such purposes

in fee simple Provided that an abstract of any intended reservation Abstract to be laid

or dedication shall be laid before both Houses of Parliament one calendar month

 before such reservation or dedication is made.

6. After any land shall have been temporarily reserved from sale Temporary reserve the

same shall not be sold or otherwise disposed of until such reservattions.

shall be revoked by the Governor with the advice aforesaid and the notice

of such revocation published in the Gazette And all lands which have Permanent reserve hitherto

been or shall hereafter be permanently reserved for any of the

purposes aforesaid shall be deemed to be set apart attached and dedicated

accordingly and every conveyance or alienation thereof except for the purpose

for which such reservation shall have been made shall be absolutely void

as well against Her Majesty as all other persons whomsoever.

7. Crown Lands held under lease or promise of lease issued or Exception from sale

made previously to the twenty-second day of February one thousand eight of certain lands.

hundred and fifty-eight shall during the currency of such lease be exempt

from sale under this Act unless where such lands have been lawfully withdrawn

from the holding of the lessee in accordance with the Orders in

Council or may hereafter be lawfully withdrawn from such holding

Provided that the lessee may be permitted to exercise a pre-emptive right Limitation of prepurchase

over one portion and no more of an area not exceeding six emptive right of

hundred and forty acres out of each block of twenty-five square miles and purchase.

at a value to be determined by appraisement not being less than one pound

per acre Provided nevertheless that any land purchased under the Orders

in Council previously to the passing of this Act shall be estimated in the

six hundred and forty acres aforesaid And provided that such appraisement

shall not include any value for improvements And provided that

every application for the purchase of land under these conditions shall be

advertised in the Government Gazette for the period of one calendar month

before the sale is completed.

8. Upon application made within twelve months after the passing Sales in consideration of

this Act by any person or his alienee who may prior thereto have

made improvements on any Crown Lands or upon application within

twelve months after the notification to the Gazette of any reserve from

lease or promise of lease under the Orders in Council within which

improvements may be situated or upon application by the holder of

any lease or promise of lease of Crown Lands containing improvements

made previously to the expiration of such lease or upon application by the

improver or his alience made at any period for the sale of improved lands

in proclaimed Gold Fields the Governor may with the like advice sell

and grant such lands to the owner of such improvements without

competition in fee simple at a price to be fixed by appraisement not

being less than the minimum upset price of the class of land as set forth

in section twenty-three of this Act and in no case less than one pound per

acre but such appraisement shall not include any value for improvements

Provided that nothing herein contained shall be held to

require the sale of any land which may contain auriferous deposits

Provided also that such sales shall be made in accordance with the

general sub-division of the land whether town suburban or other lands

and shall embrace only allotments or portions on which improvements

may stand and that the area shall not for each improvement exceed half

acre for town land two acres for suburban land and land on Gold Fields

and three hundred and twenty acres for other lands.

9. The governor with the like advice may authorize any proprietor Reclamation of lands

of land having frontage to any harbour or river to fill in and reclaim any by proprietor of

land adjoining thereto and lying beyond or below high-water-mark or to adjoining lands.

erect a wharf or jetty upon or over the same and on payment of an

adequate money consideration to be determined by appraisement for the

unimproved value of the land such land or any land may already

have been reclaimed shall become vested in fee simple in such proprietor

and may be granted to him accordingly Provided always that no such Not to interfere with

reclamation shall be authorized with shall be calculated in any navigation nor with

way to interrupt or interfere with the navigation of such harbour or adjoining proriver

or with the rights or interests of adjoining proprietors and proprietors.

Provided also that the intention to grant such land shall have been

previously announced in the Gazette for four consecutive weeks before

such land is granted in fee simple.

10. Whenever the owner or owners of any lands adjoining a road Closing and alienwhich

has been reserved for access to such lands only and is not otherwise tion of unnecessary

required for public use or convenience shall make application to the

Minister to close such road or whenever any road which shall have been proclaimed

through any land shall have rendered unnecessary a reserved or

other road bounding or traversing such or neighbouring land it shall be

lawful for the Governor with the advice aforesaid to notify in the Gazette

and in the local newspapers if any that such reserved or boundary road

will be closed and at any period not less than three months after the first

publication of such notice a grant or grants of the site of the road so

closed may issue to the owner or owners of adjoining lands in fair proproportion

or in accordance with agreement among such owners Provided

that an adequate money consideration to be determined by appraisement

shall be paid for the same.

11. In cases in which no way of access to any portion of Crown Sales without com-

Land may exist or may be attainable or in which any such portion petition in special

may be insufficient in area for sale conditional or by auction or in which cases.

a portion of Crown Land may lie between land already granted and a

street or road which forms or should form the way to approach to such

granted land or in which buildings erected on lands already granted may

have extended over Crown Land or in any other cases of a like kind the

Governor may with the advice aforesaid sell and grant such lands to the

holder or holders of adjacent lands without competition and at a price

to be determined by appraisement being not less than the minimum

upset price per acre of the class of land as set forth in section twenty-three

of this Act.

12. The Governor may with the like advice rescind any reservation

of water frontage on the sea coast or any bay inlet harbour or

navigable river or land adjoining such frontage contained in any Crown frontage.

grant either wholly or to such extent and subject to such conditions or

restrictions as shall be deemed advisable and the land being the subject

of such rescission shall on payment of an adequate money consideration

to be determined by appraisement being not less than the minimum upset

price per acre of the class of land as set forth in section twenty-three of

this Act be granted to the owner of the land conveyed in the original

Crown grant accordingly Provided that nothing in this clause contained

shall empower the Governor to grant any land below high-water-mark or

to interfere with any land used as a public thoroughfare or with any land

set apart and dedicated for any public purpose Provided also that for four

consecutive weeks notice shall be given in the Gazette previous to issuing

such grant.

13. On and from the first day of January one thousand eight Conditional sale of

hundred and sixty-two Crown Lands other than town lands or suburban unimproved lands

lands and not being within a proclaimed Gold Field nor under lease for without competition.

mining purposes to any person other than the applicant for purchase

and not being within areas bounded by lines bearing north east south and

west and distant ten miles from the outside boundary of any city

or town containing according to the then last Census ten thousand

inhabitants or five miles to the outside boundary of any town containing

according to the then last Census five thousand inhabitants

or three miles from the outside boundary of any town containing

according to the then last Census one thousand inhabitants or two miles

from the outside boundary of any town or village containing according

to the then last Census one hundred inhabitants and not reserved

for the site of any town or village or for the supply of water or from sale

for any public purpose and not containing improvements and not excepted

from sale under section seven of this Act shall be open for conditional sale

by selection in the manner following that is to say Any person may upon

any Land Office day tender to the Land Agent for the district a written

application for the conditional purchase of any such lands not less than

forty acres nor more than three hundred and twenty acres at the price of

twenty shillings per acre and may pay to such Land Agent a deposit of

twenty-five per centum of the purchase money thereof And if no other like

application and deposit for the same land be tendered at the same time

such person shall be declared the conditional purchaser thereof at the

price aforesaid Provided that if more than one such application and

deposit for the same land or any part thereof shall be tendered at the same

time to such Land Agent he shall unless all such applications but one

be immediately withdrawn forthwith proceed to determine by lot in such

manner as may be prescribed by regulations made under this Act which

of the applicants shall become the purchaser.

14. Crown Lands within proclaimed Gold Fields and not Conditional sale in

within areas excluded by special proclamation and not occupied for Gold Fields

gold mining purposes shall be open for conditional sale subject to

all the provisions applicable to sales under the thirteenth section of this

Act Provided that at any period persons specially authorized by the

Minister shall be at liberty to dig and search for gold within the lands

selected and that should the land be found to contain auriferous deposits

it shall be in the power of the Governor and Executive Council to

annul the sale and thereupon the conditional purchaser shall be entitled

to compensation for the value other than auriferous of the lands and

improvements such value to be determined by appraisement.

15. Every Land Agent shall duly enter at the time in a book to Record by Land

be provided for the purpose the particulars of every application for conditional purchase lodged with him under the provisions of sections thirteen

and fourteen of this Act and shall transmit to the proper Officer of the

Government on Monday in each week a true extract therefrom shewing

the particulars of all such applications for the week preceding.

16. If at the time of conditional purchase of any Crown Land Temporary under

sections thirteen and fourteen of this Act such land shall not ....? of land until

have been surveyed by the Government temporary boundaries thereof surveyed by Government shall

be determined by the conditional purchases who shall within one

month after such time of purchase occupy the land And any dispute

between such purchaser and other person other than a holder in fee

or his alienee claiming any interest therein respecting such boundaries

shall be settled by arbitration Provided that if such land shall not be

surveyed by the Government within twelve months from the date of application

it shall be lawful for the conditional purchaser by notice in writing

to the Land Agent for the district to withdraw his application and

thereupon he shall be entitled to demand and recover back any deposit

paid by him or the purchaser shall have the option of having the land

surveyed by a duly qualified licensed surveyor and the expense of such

survey shall be allowed to such purchaser as part payment of his purchase

money such expense to be allowed in accordance with the scale of charges

fixed or to be fixed by the Surveyor General.

17. Crown Lands conditionally purchased under this Act shall be

measured by the authority of the Government previously to such purchase be taken in portions as measured if not exceeding three hundred and selected and

twenty acres and if unmeasured and having frontage to any river creek road reservation of roads

or intended road shall if within the First Class Settled Districts have a water.

depth of not less than twenty chains and otherwise shall have a depth of not

less than sixty chains and shall have their boundaries other than the

frontages directed to the cardinal points by compass and if having no frontages

as aforesaid shall be measured in square block and with boundaries

directed to such cardinal points Provided that should it seem to the

Minister to be expedient the boundaries of portions having frontages may

be made approximately at right angles with the frontage and otherwise

modified and the boundaries of portions having no frontages may be modified

and necessary roadways and water reserves excluded from such measurement.

18. At the expiration of three years from the date of conditional Conditions of purchase

of any such land as aforesaid or within three months thereafter the balance

of the purchase money shall be tendered at the office of the Colonial Government and payment to the

Treasurer together with a declaration by the conditional purchaser or his of purchase money.

alienee or some other person in the opinion of the Minister competent in

that behalf under the Act ninth Victoria number nine to the effect that

improvements as hereinbefore defined have been made upon such land

specifying the nature extent and value of such improvements and

that such land has been from the date of occupation the bona fide

residence either continuously of the original purchaser or of some alienee

or successive alienees of his whole estate and interest therein and that

no such alienation has been made by any holder thereof until after the

bona fide residence thereon of such holder for one whole year at the least

And upon the Minister being satisfied by such declaration and the certificate

of the Land Agent for the District or other proper officer of the

facts aforesaid the Colonial Treasurer shall receive and acknowledge the

remaining purchase money and a grant of the fee simple but with reservation

of any minerals which the land may contain shall be made to the

then rightful owner Provided that should such lands have been

occupied and improved as aforesaid and should interest at the rate of

five per centum per annum on the balance of the purchase money be paid

within the said three months to the Colonial Treasurer the payment of

such balance may be deferred to a period within three months after the

first day of January then next ensuing and may be so deferred from

year to year by payment of such interest during the first quarter of each

year But on default of a compliance with the requirements of this section

the land shall revert to her Majesty and be liable to be sold at auction

and the deposit shall be forfeited.

19. Crown Lands may be conditionally selected for the purposes Purchases under

of mining other than gold mining under section thirteen of this Act mining conditions

except that in such case the price shall be forty shillings per acre and

except that in such case instead of the conditions applicable to other cases

in regard to the declaration and certificate required a declaration shall be

required only of the fact that not less than an average sum of two pounds

per acre has been expended in mining operations other than gold mining

on the land And upon such conditions being satisfied as hereby altered

and on payment of the balance of purchase money a grant in fee simple

shall be made without reservation of minerals other than gold and the

same may be made on satisfaction of such conditions and payment of such

balance notwithstanding the period of three years required in other cases

shall not have expired And a grant may be made in like manner of any

portion (not being less than forty acres) of a large portion originally selected

for purchase upon a declaration shewing an expenditure in such mining

operations as aforesaid of an average sum of not less than five pounds

per acre on the land so to be granted And in that case the purchase of

the remainder of the land selected shall be rescinded and any deposit paid

thereon applied in or towards satisfying the balance of purchase money of

the land granted Provided further that if the minister shall be dissatisfied

with any such declaration as aforesaid he may cause the fact of the expenditure

required to authorize a grant to be referred to arbitration under

this Act and the issue of a grant shall in that case be dependent on the

award thereon.

20. Crown Lands conditionally purchased under sections thirteen Sale by auction of

and fourteen of this Act and proved to the satisfaction of the Governor and lands abandoned by

Executive Council to have been abandoned by the purchaser thereof or his selectors.

legal alienee before the expiration of three years from the date of purchase

shall be declared forfeited by notice in the Government Gazette and may

then be sold at auction.

21. Conditional purchasers of portions of Crown Lands under Additional selection

sections thirteen and fourteen of this Act not exceeding two hundred and of adjoining lands.

eighty acres of their legal alienees may made additional selection of lands

adjoining to the first selection or to each other but not otherwise and not

exceeding in the whole three hundred and twenty acres and subject to all

the conditions applicable to the original purchase except residence Provided Proviso

that in the measurement of such additional selection of lands the frontage

shall not exceed the extent which would be allowed to an original selection

of three hundred and twenty acres provided also that nothing herein

contained shall prevent the sale of the adjoining lands to any other

person before such further conditional purchase shall have been made. Additional selection

Holders in fee simple of lands granted by the Crown in areas of lands adjoining

not exceeding two hundred and eighty acres who may reside on such land already granted.

lands may make conditional purchases adjoining such lands the areas of

which shall not with that of the lands held in fee simple exceed three

hundred and twenty acres and which shall not be subject to the condition

of residence applicable to conditional purchases in other cases Provided

that nothing herein contained shall prevent the sale of the adjoining

lands to any other person before such further conditional purchase shall

have been made.

22. Crown Lands intended to be sold without conditions for Sale by auction of

residence and improvement shall be put up for public auction in lots not other lands.

exceeding three hundred and twenty acres each at such places in the

Police District in which the lands are situated and at such times as the

Minister shall direct to be notified by advertisement in the Gazette not

less than one month, nor more than three months before the day of sale

And the upset prices per acre shall not be lower than for Town Lands Upset prices

Eight pounds - Suburban Lands Two pounds - other Lands One pound

Provided that the upset prices may be respectively fixed at any higher

amounts.

23. Town lands and suburban lands without improvements shall Sale by auction or

be sold by public auction only. town and suburban

24. Any Crown Lands put up for sale by public auction and not lands.

sold may be again put up in like manner Provided that all lands other As to lands put up

than town or suburban so put up and not sold shall be open for sale at the and not sold.

upset price or in case of a higher price having been offered for the same

then at such higher price less in either case the deposit if any paid thereon

Provided also that the Minister may withdraw any such lands from

selection and again submit them to public auction.

25. A deposit of twenty-five per centum of the purchase money Payment of purchase

for all lands sold by auction under any provision of this Act shall be paid moneys.

by the purchaser at the time of sale And unless the remainder of such

purchase money be paid within three months thereafter the sale and

contract shall be void and the deposit shall be forfeited Should the purchaser

fail to pay the deposit the land shall be forthwith again put up by

the Agent and who shall not accept any bid by the person so failing to pay.

27. Every Land Agent shall duly enter in a book to be provide Record by Land

for the purpose the particulars of all sales made by him under this Act. Agent

28. Whenever it shall become necessary or desirable to fix or Mode of appraiseascertain

any price value or sum of money which by this Act it is provided ment or arbitration.

may be fixed or ascertained by appraisement in case of dispute as to the

amount of any compensation to be made under the provisions of this Act

and in case of any matter which by this Act is authorized or directed to

be settled by arbitration the appraiser or appraisers arbitrator or arbitrators

and umpire shall be appointed and the appraisement or arbitration shall

be conducted in manner hereinafter mentioned that is to say:- Appointment of

(1.) The Minister or an Officer authorized by him in that appraisers or

behalf and the claimant in matters hereinbefore directed or arbitrators.

authorized to be settled by appraisement or the parties

interested in any dispute which by the provisions of this

Act may be left to arbitration may concur in the appointment

of a single appraiser or arbitrator or failing such

appointment each party on the request of the other shall

appoint an appraiser or arbitrator as the case may require

to whom the matter shall be referred And every such

appointment shall be made by the Minister or Officer and

the claimant or by the parties to the matter in dispute

under their hands in writing or if such party be a corporation

aggregate under its common seal and such appointment

shall be delivered to the appraisers or arbitrators and

attached to the award when made and shall be deemed a

submission to appraisement or to arbitration as the case

may be by the parties making the same.

(2.) After the making of any such appointment the same shall Appointment not to

not be revoked without the consent of both parties nor be revoked.

shall the death of either party operate as a revocation.

(3.) If for the space of sixty days after any such dispute or Single appraiser or

matter shall have arisen and notice in writing by one party arbitrator to act in

who has himself duly appointed an appraiser or arbitrator certain cases.

to the other party stating the dispute or matter to be

referred and accompanied by a copy of such appointment

the party to whom notice is given fail to appoint an

appraiser or arbitrator the appraiser or arbitrator appointed

by the party giving the notice shall be deemed to be

appointed by and shall act on behalf of both parties.

(4.) The award of any appraiser or appraisers arbitrator or Award to be

arbitrators appointed in pursuance of this Act shall be binding.

binding final and conclusive upon all persons and to all

intents and purposes whatsoever.

(5.) If before the determination of any matter so referred any In case of death of

appraiser or arbitrator die to become incapable to act the or failure to act by

party by whom such arbitrator was appointed may appoint appraiser or 

writing another person in his stead and if he fail so to 

do for the space of sixty days after notice in writing from

the other party in that behalf the remaining appraiser or

arbitrator may proceed ex parte and every appraiser or

arbitrator so appointed shall have the same powers and

authorities as were vested in the appraiser or arbitrator in

whose stead the appointment is made.

(6.) In case a single arbitrator die or become incapable to act In case of death or

before the making of his award or fail to make his award failure to act by a

within sixty days after his appointment or within such single appraiser or

extended time if any not exceeding thirty days as shall have arbitrator.

been duly appointed by him for that purpose the matters

referred to him shall be again referred to appraisement or

arbitration under the provisions of this Act as if no former

reference had been made.

(7.) In case there be more than one appraiser or arbitrator the Appraisers or arbiappraisers

or arbitrators shall before they enter upon the trators to appoint an

references appoint by writing under their hands an umpire umpire.

and if the person appointed to be umpire die or become

incapable to act the appraisers or arbitrators shall forthwith

appoint another person in his stead an in case the

appraisers or arbitrators neglect or refuse 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 and he is hereby empowered so to

do and the award of the umpire shall be binding final and

conclusive upon all persons and to all intents and purposes

whatsoever.

(8.) In case appraisers or arbitrators fail to make their award Determination by

within sixty days after the day on which the last of them umpire in certain

was appointed or within such extended time if any not exceed- cases.

ing thirty days as shall have been duly appointed by them

for that purpose the matters referred shall be determined

by the umpire and the provisions of this Act with respect

to the time for making an appraisement or award and

with respect to extending the same in the case of a single

arbitrator shall apply to any umpirage.

(9.) Any appraiser arbitrator or umpire appointed by virtue of Production of docuthis

Act may require the production of such documents.

in the possession or power of either party as he may

think necessary for determining the matters referred and

may examine the parties as witnesses on oath.

(10.) All costs of and consequent upon the reference shall be in Determination of

the discretion of the appraiser or appraisers arbitrator or costs.

arbitrators or of the umpire in case the matters referred are

determined by an umpire.

(11.) Any submission to arbitration under the provisions of this Arbitration subject

Act may be made a Rule of the Supreme Court of the said to Rule of Supreme

Colony on the application of any party thereto. Court

(12.) Before any appraiser arbitrator or umpire shall enter Declaration by apupon

the consideration of any matter referred to him as praiser arbitrator or

aforesaid he shall make out and subscribe a declaration in umpire.

the form following before a Justice of the Peace that is to

say

I A B do solemnly and sincerely declare that I am

not directly or indirectly interested in the matter

referred to me and that I will faithfully honestly

and to the best of my skill and ability hear

and determine the matters referred to me under

the Crown Lands Alienation Act of 1861.

(13.) And such declaration shall be annexed to the appraisement Declaration to be

or award when made and if any appraiser arbitrator or annexed to aumpire

shall wilfully act contract to such declaration he

shall be guilty of a misdemeanor.

(14.) Every appraisement or award shall be in writing and shall Appraisement to be

be transmitted to the Surveyor General and deposited in transmitted to the

office of the Surveyor General.

29. Any instrument of sale or conveyance made and issued under Instruments under

this Act may be proved in all legal proceedings by the production of a Act to be evidence

certified copy thereof signed by the officer to be authorized for that purpose

under any regulation made as hereinafter enacted.

30. The Governor with the advice aforesaid may make regulation Governor in Council

for carrying this Act into full effect so as to provide for all proceedings to make and proclaim

forms of grants and other instruments - and all other matters and things regulations.

arising under and consistent with this Act and not herein expressly provided

for And all such regulations shall upon being published in the

Gazette be valid in law Provided that a copy of every such regulation

shall be laid before both Houses of Parliament within one month from the

issue thereof if Parliament be then in Session or otherwise within one

month after the commencement of the next ensuring Session.

31. This Act shall be styled and may be cited as the "Crown 

Lands Alienation Act of 1851".

[In the name and on the behalf of

Her Majesty I assent to this Act

Government House [John Young

18 October 1861] Governor]

[Transmitted for Enrolment according to law

Legislative Council Chamber ) R O’Connor

Sydney 18 October, 1861 ) Clk. Legis. Council]

[Recorded and Enrolled in the Office of

the Registrar General this twenty first

day of October AD 1861]

[Chris Rolleston

Registrar General]