NOTES: A copy of the this document is available in the Statutes of New South Wales.
[PAGE ENDS HERE] signifies page ending of original document; handwriting is also enclosed in square brackets.

BEGIN TRANSCRIPTION

NEW SOUTH WALES

ANNO VICESIMO QUINTO

VICTORIÆ REGINAÆ

No. 1

An act for regulating the Alienation of Crown Lands

[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 here-
		   after be converted under the Crown Lands
		   Occupation Act of 1861.	
						"Orders

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25º  VICTORIÆ  No. 1
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Crown Lands Alienation - 1861
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"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 con-
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 fifty-
eight 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                       Publi…
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 pur-
pose 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.
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25º  VICTORIÆ  No. 1                                                     3.
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	     Crown Lands Alienation - 1861
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           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 pur-
public interest any Crown Lands for any railway or railway station -           poses.
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 calender      before Parliament.
month before such reservation or dedication is made.
     6. After any land shall have been temporarily reserved from sale               Temporary reserva-
the same shall not be sold or otherwise disposed of until such reservation      tions.
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 reserva-hitherto been or shall hereafter be permanently reserved for any of the	      tions.		
purposes aforesaid shall be deemed to be set apart attached and dedicated
accordingly and every conveyance or alienation thereof except for the pur-
pose 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 with-
drawn 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 pre- 
purchase 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 appraise-
ment 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 considera-
of this Act by any person or his alienee who may prior thereto have             tion of improvements
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 im-
provements Provided that nothing herein contained shall be held to
require the sale of any land which may contain auriferous deposits
							Provided
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25º  VICTORIÆ  No. 1                                                     4.
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	     Crown Lands Alienation - 1861
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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 pro-
river 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 alien-
which 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 pro-
claimed 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 pro-
proportion 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 reserva-               Rescission of reser-
tion of water frontage on the sea coast or any bay inlet harbour or	     vation of water             
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.

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25º  VICTORIÆ  No. 1                                      5.
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	     Crown Lands Alienation - 1861
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     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 con-
taining 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 con-          Agent.
ditional 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 boun-
under sections thirteen and fourteen of this Act such land shall not            daries of land until
have been surveyed by the Government temporary boundaries thereof         surveyed by Govern-
shall be determined by the conditional purchases who shall within one           ment.
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 appli-
cation 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
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25º  VICTORIÆ  No. 1                                      6.
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	     Crown Lands Alienation - 1861
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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                  Form of measure-
if measured by the authority of the Government previously to such pur-         ment of portions
chase 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            and 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 fron-
tages 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 resi-
purchase of any such land as aforesaid or within three months thereafter the  ence and  improve-
balance of the purchase money shall be tendered at the office of the Colonial    ment and payment
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 certifi-
cate 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 reser-
vation 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

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25º  VICTORIÆ  No. 1                                     7
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	     Crown Lands Alienation - 1861
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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 expen-
diture 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

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25º  VICTORIÆ  No. 1                                     8
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	     Crown Lands Alienation - 1861
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purchase money be paid within three months thereafter the sale and	              
contract shall be void and the deposit shall be forfeited  Should the pur-
chaser 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 appraise-
ascertain 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 appoint-
ment 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 corpora-
tion 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 arbi-
in writing another person in his stead and if he fail so to                        trator.  
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)
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25º  VICTORIÆ  No. 1                                     9
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	     Crown Lands Alienation - 1861
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(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 arbi-
appraisers 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 forth-
with 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 docu-
this Act may require the production of such documents		     ments.
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 ap-
upon 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 appraise-
umpire shall wilfully act contract to such declaration he                      ment.
shall be guilty of a misdemeanor.    
							(14.)
[DOCUMENT NINTH PAGE ENDS HERE]

25º  VICTORIÆ  No. 1                                     10
____________________________________________________________________________________
	     Crown Lands Alienation - 1861
_____________________________________________________________________________________
(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 Sur-
his office.							     veyor 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 pro-
vided 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		     Short Title
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] 

[DOCUMENT TENTH PAGE ENDS HERE]

[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]

END TRANSCRIPTION