VPRS 12095 Index to Applications, Benalla, Sections 19 and 20 Land Act 1869 (Occupation Branch)

VPRS 12095 Index to Applications, Benalla, sections 19 & 20 Land Act 1869 (Occupation Branch) is the index created by the Benalla District Land Office at the Occupation Branch of the Department of Crown Lands and Survey (VA 538) in Melbourne. It was created to give the Occupation Branch officers responsible for the Benalla District access to applications and selection files in VPRS 625, which were created prior to the establishment of the Occupation Branch in 1874.The introduction of the Land Act 1869 saw all Crown Land not previously occupied in Victoria opened up for selection. Provisions were made in section 42 of the Land Act 1865 for selection before survey. Prior to this time surveys were conducted on all Crown land before it was made available. The provision of free selection before survey was carried to the 1869 Act. The aim of the legislation was to encourage settlement on lands that would be most advantageous to the colony.Under section 19 of the Land Act 1869 selectors could apply for a three-year licence to occupy Crown land. The rent was set at two shillings per acre and a maximum of 320 acres per selector was allowed. On application a deposit of half a years rent was paid. If the application was refused, the deposit was refunded. Section 20 of the Act placed conditions on the three-year licence; selectors were required to improve their allotment by the erection of fencing and a dwelling, cultivation of their land and the destruction of vermin and noxious weeds. After the licence term had expired, the selector was eligible to apply for a seven-year lease or a Crown Grant to purchase their allotment. Grants or leases were only approved if improvement conditions had been met. If a selector opted for a seven-year lease, the yearly rent was used to pay off the purchase price of the land.The additional advantages provided to selectors as a result of the Land Act 1869 resulted in an exceptional number of applications to select Crown land. By 1873 the Department of Crown Lands and Survey (VA 538) was experiencing many problems in managing applications. Public complaints were at an all time high. The complaints ranged from extraordinarily long delays in application processing, applications being approved for more than one person on the same allotment and long delays in replying to correspondence.When an application to select Crown land was received by the Department it would be registered in a register of applications. Prior to 1874 and the establishment of the Occupation Branch all applications made under section 19 and 20 of the Land Act 1869 were recorded in the same series of registers irrespective of location; see Register of Applications, sections 19 & 20 Land Act 1869 (VPRS 12026). The contents of registers of applications were arranged alphabetically by name of applicant and application numbers were allocated consecutively in blocks for each letter of the alphabet.Separate registers of applications were usually created for each section of the Land Act under which individuals could apply to select land. For example, all applications received under section 19 of the Land Act 1869 were recorded in the same register. Sections of an Act that were less common were often recorded in the one register.In an attempt to try and rationalise the way the Department managed Crown land, the Occupation Branch was established in 1874 under the influence of H Byron Moore, Assistant Surveyor General. The Occupation Branch was to deal with all matters relating to the occupation of Crown land.The State was divided into fifteen Land Districts, these being Ararat, Ballarat, Beechworth, Benalla, Castlemaine and Dunolly, Echuca, Geelong Warrnambool and Camperdown, Hamilton, Horsham, Melbourne, Sale and Bairnsdale, Sandhurst (Bendigo), Seymour and St Arnaud. Each District was represented at the Occupation Branch in Melbourne by a District Land Office.Each District Land Office consisted of a double table or desk at which both a clerk and draughtsman sat. Everything in the way of files, maps and plans were at convenient reach. The same officers dealt with the sale of Crown land from its inception to its disposition. The District Offices' staff consisted essentially of a clerical officer and a draughtsman who dealt solely with that Land District. It was their business to know the District and to deal with all land business related to it. By 1877 each District Land Office, consisted of a District Officer, a rental clerk, a draughtsman and several general clerks.After the creation of the Occupation Branch, applications made under the Land Act 1869 that had been registered prior to 1874 (see VPRS 12026) were copied into Indexes. An Index was created for each Land District so the clerks of each new District Land Office in the Occupation Branch could readily access the details of applications which had previously been registered in VPRS 12026 and the selection files now found in VPRS 625.The contents of these District Indexes that recorded pre 1874 applications are arranged alphabetically and the application numbers are not consecutive. VPRS 12095 Index to Applications, Benalla, sections 19 & 20 Land Act 1869 (Occupation Branch) is the Index created for applications made prior to 1874 in the Benalla Land District.After the establishment of the Occupation Branch in 1874 and the division of the State into Land Districts, applications were registered by District. Each District Land Office created and maintained their own series of registers of applications. Any new applications received by the Department after 1874 were registered in separate District registers with application numbers that were allocated from the number one onwards. The same application number could be allocated for selections in different Districts. For example the application number 1021/19 could exist in both the Ballarat and Bendigo Land Districts, it is the District name plus the accompanying file number that is the unique identifier.Applicants completed an Application for Licence under Part II of Land Act 1869 form at District Survey Offices. Most Land Districts had a District Survey Office. The District Surveyor would enter the applicants details in a register of applications kept at the District Survey Office. Each applicant was allocated a number from the register. The application number was written on the application to select and subsequently became their land selection file number if their application was approved.The District Surveyor would enter into the register of applications the application number, the date the application was received, the applicants name, occupation and parish, the allotment number and size (acres, roods and perches) applied for. The application was then forwarded to the appropriate District Land Office at the Occupation Branch in Melbourne. It was then entered in a duplicate register of applications there against the same application number. The District Surveyor also forwarded a tracing of the allotment applied for.The position of the allotment applied for was immediately charted on a working plan in pencil. The tracing was then sent to the Department of Mines and Water Supply (VA 2720) for a report on any mining objections. If there were no mining objections the application would be heard before a Local Land Board. Local Land Boards were made up of representatives from the local community and the Department of Crown Lands and Survey (VA 538). The Boards would hear from all applicants for an allotment and would decide who was to be granted the licence or lease. The schedule documenting the decisions of the Local Land Board was forwarded to the appropriate District Land Office at the Occupation Branch and the decision was entered into the register of applications.The Board of Land and Works (VA 744), the statutory authority for the management of Crown land would give final approval for land selection, acting on the recommendation of the Local Land Board. The decision of the Board of Land and Works (VA 744) was then recorded in the register of applications. The registers also record the date of the licence issue and any subsequent action in relation to that file. The selectors granted each allotment would then be recorded on the working plan by the District Land Office draughtsman at the Occupation Branch. The tracing of the allotment was then sent to the Crown Land Bailiff responsible for that Land District.From 1874 registers of applications were arranged by Land District and by section of Land Act applications were received under. For example, all applications received under section 19 of the Land Act 1869 for the Ballarat Land District were recorded in the same register. Sections of an Act that were less common were often recorded in the one District register.Registers of applications control selection and occupation files. If an application to select Crown land was successful, the application number would become the file number. For example if an application to select under section 19 of the Land Act 1869 was registered as application number 324 then the selection or occupation file number would be 324/19.The application number remained the selection file number for a particular piece of land if all terms and conditions were met and the selection resulted in a Crown Grant. However, often the original selector did not end up owning the land. Many selectors forfeited or abandoned their licence. If this were the case then the land was re-opened up for selection. Any new applicants were registered in a register of applications under a new application number. The original applicants file would be attached to the new selectors file. The new file number was annotated in the register against the original selectors' entry.Even if the same selector applied for a licence on land he had previously forfeited a new application number would be allocated and the file would have a new selection file number.If the allotment was held under lease the ownership of the lease could be transferred without the need to open up the land for re-selection. The transfer of lease was managed by the Office of Titles (VA 2888) who sent a memo to the Department of Crown Lands and Survey (VA 538) informing them of the lease transfer. This memo was attached to the selection file. The transfer was not recorded in the register of applicationsThe transfer was recorded in the rent roll and a new entry made for the transferee. Rent Rolls were administered by rental clerks at the at the Occupation Branch. The transfer was also recorded on the selection file. A new application was not required to transfer a lease; therefore the selection file number would remain the same, as no new entry would be made in a register of applications.

VPRS 12095《本纳拉地区1869年土地法案第19及20条（占用分支）申请索引》是墨尔本皇家土地与测量部（VA 538）占用分支下属的本纳拉地区土地办公室创建的索引。该索引旨在让负责本纳拉地区的占用分支官员能够查阅VPRS 625中的申请及选择文件——这些文件均创建于1874年占用分支成立之前。

1869年《土地法案》的出台，使得维多利亚州所有未被占用的皇家土地开放供选择。1865年《土地法案》第42条已规定可在勘测前进行选择；在此之前，所有皇家土地需先完成勘测方可开放。勘测前自由选择的条款被纳入1869年法案，该立法旨在鼓励在对殖民地最有利的土地上定居。

根据1869年《土地法案》第19条，选择者可申请为期三年的皇家土地占用许可证，租金为每英亩两先令，每人最高允许320英亩。申请时需支付半年租金作为押金，若申请被拒则押金退还。法案第20条对三年许可证设定了条件：选择者需通过修建围栏和住所、耕种土地、消灭害虫及有害杂草来改良其分配的土地。许可证到期后，选择者有资格申请七年租约或皇家授予（Crown Grant）以购买其分配的土地，仅当改良条件满足时，授予或租约才会获批。若选择七年租约，年租金将用于抵扣土地购买价。

1869年《土地法案》为选择者提供的额外优惠导致皇家土地选择申请数量激增。到了1873年，皇家土地与测量部（VA 538）在管理申请时遇到诸多问题，公众投诉达到历史峰值，包括申请处理延误极长、同一地块获批给多人、回复信件延迟等。

部门收到皇家土地选择申请后，会将其登记在申请登记簿中。1874年占用分支成立前，所有根据1869年《土地法案》第19及20条提交的申请均不分地区记录在同一套登记簿中（参见VPRS 12026《1869年土地法案第19及20条申请登记簿》）。申请登记簿内容按申请人姓名字母顺序排列，申请编号按字母分组连续分配。

为合理化部门对皇家土地的管理方式，在助理测量总监H·拜伦·摩尔的推动下，占用分支于1874年成立，负责处理所有与皇家土地占用相关的事务。

维多利亚州被划分为15个土地区，包括阿拉拉特、巴拉瑞特、比奇沃思、本纳拉、卡斯尔梅恩与杜诺利、埃丘卡、吉朗-沃纳姆布尔与坎珀当、汉密尔顿、霍舍姆、墨尔本、塞尔与拜恩斯代尔、桑德赫斯特（本迪戈）、西摩及圣阿诺德。每个地区在墨尔本占用分支均设有地区土地办公室作为代表。

每个地区土地办公室设有一张双人桌，文员和绘图员并排就座，文件、地图和规划图等资料触手可及。同一批官员负责从皇家土地出售立项到处置的全过程。地区办公室的核心人员包括一名文员和一名绘图员，仅处理该地区的土地事务——他们需熟悉本地区情况并处理所有相关土地业务。到1877年，每个地区土地办公室已配备一名地区官员、一名租金文员、一名绘图员及数名普通文员。

占用分支成立后，1874年前根据1869年《土地法案》登记的申请（参见VPRS 12026）被复制到索引中。每个土地区均创建了一个索引，以便占用分支中新成立的各地区土地办公室文员能快速查阅此前在VPRS 12026中登记的申请详情及现位于VPRS 625中的选择文件。这些记录1874年前申请的地区索引内容按字母顺序排列，申请编号不连续。VPRS 12095《本纳拉地区1869年土地法案第19及20条（占用分支）申请索引》即为为本纳拉土地区1874年前申请创建的索引。

1874年占用分支成立并将州划分为土地区后，申请按地区登记。每个地区土地办公室创建并维护自己的申请登记簿系列。1874年后部门收到的任何新申请均登记在单独的地区登记簿中，申请编号从1开始分配。不同地区的选择申请可能使用相同的编号，例如1021/19可能同时存在于巴拉瑞特和本迪戈土地区，唯一标识符为地区名称加附带的文件编号。

申请人需在地区勘测办公室（District Survey Office）填写《1869年土地法案第二部分许可证申请表》。大多数土地区设有地区勘测办公室，地区勘测员（District Surveyor）会将申请人详情录入该办公室保存的申请登记簿，为每位申请人分配一个登记簿编号。该编号会写在选择申请上，若申请获批则成为其土地选择文件编号。地区勘测员会在申请登记簿中录入申请编号、接收日期、申请人姓名、职业及教区、申请的地块编号和面积（英亩、路得、派尺），然后将申请转发至墨尔本占用分支相应的地区土地办公室，在那里的副本申请登记簿中按同一编号登记。地区勘测员还会转发申请地块的图纸副本（tracing）。

申请地块的位置会立即用铅笔标注在工作平面图（working plan）上。图纸副本随后被发送至矿产与供水部（Department of Mines and Water Supply）（VA 2720）以获取采矿异议报告。若无采矿异议，申请将由地方土地委员会（Local Land Board）审理。地方土地委员会由当地社区代表及皇家土地与测量部（VA 538）代表组成，会听取某地块所有申请人的陈述并决定授予谁许可证或租约。记录地方土地委员会决定的明细表会转发至占用分支相应的地区土地办公室，并录入申请登记簿。

皇家土地管理的法定机构——土地与工程委员会（Board of Land and Works）（VA 744）会根据地方土地委员会的建议，对土地选择给予最终审批。其决定随后录入申请登记簿，登记簿还会记录许可证颁发日期及该文件的后续行动。占用分支地区土地办公室的绘图员会将获批的选择者记录在工作平面图上，地块图纸副本则发送给负责该土地区的皇家土地法警（Crown Land Bailiff）。

1874年起，申请登记簿按土地区及申请所依据的《土地法案》条款排列。例如，巴拉瑞特土地区所有根据1869年《土地法案》第19条提交的申请均记录在同一登记簿中；法案中较不常见的条款申请通常记录在同一地区登记簿中。

申请登记簿管控选择及占用文件。若皇家土地选择申请成功，申请编号将成为文件编号——例如，根据1869年《土地法案》第19条提交的选择申请若登记为编号324，则选择或占用文件编号为324/19。若满足所有条款且选择最终获得皇家授予（Crown Grant），申请编号将保留为该地块的选择文件编号。但原选择者往往未能最终拥有土地，许多人放弃或丧失许可证，此时土地会重新开放选择。新申请人将获得新的申请编号并登记在申请登记簿中，原申请人的文件会附在新选择者的文件后，新文件编号会标注在原选择者的登记簿条目旁。即使同一选择者申请其此前丧失的土地许可证，也会分配新的申请编号，文件将有新的选择文件编号。

若地块为租约持有，租约所有权可转让而无需重新开放土地选择。租约转让由产权办公室（Office of Titles）（VA 2888）管理，该办公室会向皇家土地与测量部（VA 538）发送备忘录告知转让事宜，备忘录附在选择文件上。转让不会记录在申请登记簿中，但会记录在租金名册（Rent Rolls）中并为受让人创建新条目——租金名册由占用分支的租金文员管理，转让也会记录在选择文件上。租约转让无需提交新申请，因此选择文件编号保持不变，申请登记簿中不会创建新条目。