VPRS 12035 Register of Applications, Beechworth, Sections 19 and 20 Land Act 1869 (Occupation Branch)
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VPRS 12035 Register of Applications, Beechworth, sections 19 & 20 Land Act 1869 (Occupation Branch) was created by the Beechworth District Office at the Occupation Branch of the Department of Crown District Survey (VA 538). It is duplicated by Register of Applications, Beechworth, sections 19 & 20 Land Act 1869 (Beechworth District Survey Office) (VPRS 12036) which is the series created by the District Survey Office at Beechworth (See description below).VPRS 12035/P1 was previously registered as units 60 & 36 of VPRS 451 Application Registers.VPRS 12035/P2 was previously registered as units 92, 114 and 137 of VPRS 458 Miscellaneous Registers.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 VPRS 12026. The contents of registers of applications were arranged alphabetically 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 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 applications 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. The register allocated a number to each applicant. 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 Lands 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.After the creation of the Occupation Branch, applications made under the Land Act 1869 that had been registered prior to 1874 were copied to District Indexes that were separate from registers created for new applications received. The contents of these District Indexes that recorded pre 1874 applications are arranged alphabetically but the application numbers are not consecutive. An Index for the Beechworth District is not in PROV custody as at August 1999.The new 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 applications.The 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 12035《申请登记册》(比奇沃思,1869年《土地法案》第19及20条,占用科)由皇家地区测量局(VA 538)占用科的比奇沃思地区办公室编制。该登记册由《申请登记册》(比奇沃思,1869年《土地法案》第19及20条,比奇沃思地区测量办公室)(VPRS 12036)复制而来,后者是比奇沃思地区测量办公室编制的系列(见下文描述)。VPRS 12035/P1此前被登记为VPRS 451《申请登记册》的第60和36单元。VPRS 12035/P2此前被登记为VPRS 458《杂项登记册》的第92、114和137单元。
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条规定了测量前的选择机制;在此之前,所有皇家土地需先完成测量方可开放。测量前自由选择的条款被纳入1869年法案,立法目的是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2先令,每人最多允许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条对三年许可证设置了条件:选择者需通过修建围栏和住所、耕种土地、消灭害兽和有害杂草来改善其分配地块。许可证到期后,选择者有资格申请七年租约或皇家授予地以购买该地块,仅当改善条件满足时,授予或租约才会获批。若选择者选择七年租约,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异常增多。到1873年,皇家土地与测量局(VA 538)在管理申请时遇到诸多问题,公众投诉达到历史最高水平,包括申请处理延误过长、同一地块获批给多人、回复信件延迟等。
当部门收到皇家土地选择申请时,会将其登记在申请登记册中。1874年占用科成立前,所有根据1869年《土地法案》第19和20条提交的申请,无论地点如何,均记录在同一系列登记册中(见VPRS 12026)。申请登记册内容按字母顺序排列,申请编号按字母块连续分配。
通常会为《土地法案》下个人可申请选择土地的每个条款单独创建申请登记册。例如,所有根据1869年《土地法案》第19条收到的申请都记录在同一登记册中;法案中较不常见的条款则常记录在同一登记册内。
为合理化部门管理皇家土地的方式,1874年在助理测量总监H·拜伦·摩尔的推动下成立了占用科,负责处理所有与皇家土地占用相关的事务。
该州被划分为15个土地区:阿拉拉特、巴拉瑞特、比奇沃思、贝纳拉、卡斯尔梅恩与杜诺利、埃丘卡、吉朗-沃纳姆堡与坎珀当、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)、西摩和圣阿诺德。每个区在墨尔本占用科设有地区土地办公室作为代表。
每个地区土地办公室包含一张双人桌或办公桌,文员和绘图员并排而坐,文件、地图和规划均触手可及。同一批官员负责从启动到处置的皇家土地销售事务。地区办公室的 staff 主要包括一名文员和一名绘图员,专门处理该土地区事务,他们需熟悉该区并处理所有相关土地业务。到1877年,每个地区土地办公室由一名地区官员、一名租金文员、一名绘图员和数名普通文员组成。
1874年占用科成立并划分土地区后,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册系列。1874年后部门收到的任何新申请均在单独的地区登记册中登记,申请编号从1开始分配。不同地区的选择可能分配到相同的申请编号,例如申请编号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随附文件编号。
申请人在地区测量办公室填写《1869年土地法案》第二部分下的许可证申请表。大多数土地区设有地区测量办公室,地区测量师会将申请人详情录入地区测量办公室保存的申请登记册,并为每个申请人分配编号。申请编号会写在选择申请上,若获批则成为其土地选择文件编号。
地区测量师会在申请登记册中录入申请编号、收到日期、申请人姓名、职业和教区、申请地块编号及面积(英亩、路得和平方杆),然后将申请转发至墨尔本占用科相应的地区土地办公室,再录入当地的重复申请登记册中,使用相同申请编号。地区测量师还会转发申请地块的描图。
申请地块的位置会立即用铅笔在工作图上标注,描图随后发送至矿业与供水部(VA 2720)以获取采矿异议报告。若无采矿异议,申请将提交地方土地委员会审议。地方土地委员会由当地社区代表和皇家土地与测量局(VA 538)人员组成,听取某地块所有申请人的陈述并决定谁获得许可证或租约。记录地方土地委员会决定的时间表会转发至占用科相应的地区土地办公室,并录入申请登记册中。
皇家土地管理法定机构——土地与工程委员会(VA 744)会根据地方土地委员会的建议对土地选择给予最终批准,其决定会录入申请登记册,登记册还会记录许可证发放日期及该文件的后续行动。占用科地区土地办公室的绘图员会在工作图上记录获批地块的选择者信息,描图随后发送至负责该土地区的皇家土地法警。
1874年占用科成立并划分土地区后,1874年前登记的1869年《土地法案》申请被复制到与新申请登记册分开的地区索引中。这些记录1874年前申请的地区索引内容按字母顺序排列,但申请编号不连续。截至1999年8月,比奇沃思地区的索引未由维多利亚州公共记录办公室(PROV)保管。
新申请登记册按土地区和收到申请所依据的《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条收到的申请记录在同一登记册中;法案中较不常见的条款常记录在同一地区登记册内。
申请登记册控制选择和占用文件。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条提交的选择申请登记为编号324,则选择或占用文件编号为324/19。
若所有条款和条件均满足且选择结果为皇家授予地,申请编号将保留为某块土地的选择文件编号。但原选择者往往最终未拥有该土地,许多人放弃或终止许可证,此时土地会重新开放供选择,新申请人会在申请登记册中以新编号登记,原申请人文件会附在新选择者文件后,新文件编号会标注在原选择者的登记项旁。即使同一选择者申请其此前放弃的土地许可证,也会分配新申请编号,文件将有新的选择文件编号。
若地块以租约形式持有,租约所有权可转让而无需重新开放土地供选择。租约转让由产权办公室(VA 2888)管理,他们会向皇家土地与测量局(VA 538)发送备忘录通知租约转让,该备忘录附在选择文件上,但转让不会记录在申请登记册中。转让会记录在租金册中,并为受让人创建新条目;租金册由占用科的租金文员管理,转让也会记录在选择文件上。租约转让无需新申请,因此选择文件编号保持不变,申请登记册中不会有新条目。
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Public Record Office Victoria



