VPRS 3433 File Management Register, Section 31 Land Act 1869
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The Land Act of 1869, Section 31 gave a pre-emptive right of purchase to holders of occupation licenses under Section 42 of the Amending Land Act 1865 (regulating the occupation of auriferous lands). Various conditions had to be met for this right to be exercised. The licensee had to have occupied the land for at least two and a half years, have made improvements to the land and no objection to the alienation of the land was made on the grounds that it was auriferous (gold-bearing) or other grounds of a public nature. License fees already paid were to be credited against the purchase price with the Board of Land and Works to grant the licensee a certificate specifying the amount of land and survey fees paid by him during the period of occupation. The licensee also had the option of taking a lease on the land under the same conditions and paying the purchase price in ten equal instalments.A small number of holders of occupation licenses under Section 42 of the Amending Land Act 1865 did take out leases rather than purchasing the land outright. These payments and other details were recorded in the Registers of Lessees. Details given were the date of the lease, the name of the lessee in full, the county and parish, the allotment and section and the area of the land. Details were given also of the price of the land and the amount previously paid as license fees as determined on the Certificate of Rent and Survey Fees Paid. Subsequent payments and receipt numbers are recorded as are correspondence references. The Remarks column gives the details of any transfers of the lease or subsequent purchases and notes regarding mining objections or the need for the land for public purposes. Often, the file number as given in VPRS 627 Land Selection Files, Land Act 1869, Section 31 is given.The registration of leases may be found in VPRS 11871 Register of Leases Granted Under Land Acts 1869, 1878, 1880. Purchases of land under this Section were recorded in VPRS 13106/P1 Registers of Purchases, Section 31 Land Act 1869.Applications were originally registered in VPRS 13118 Register of Applications, Section 31 Land Act 1869. The registers in this series record the applications received initially for a Certificate of Rent and Survey Fees paid. Each application was allotted a sequential number besides which was recorded the applicant's name and the area, allotment and section of the land and the parish in which it was located. Spaces were given for the date of application for the certificate could be recorded, the date of the application for purchase or for a lease and the date upon which the applicant was notified of the Board's decision regarding the application to purchase. Reference numbers are also given. These refer to changes in the file number of the applicant.It is apparent that the original number allocated in these registers was also to be the file number as found in VPRS 627 Land Selection Files, Land Act 1869, Section 31. However, for a number of applicants there was an appreciable gap between their initial application for a certificate and an application to purchase or lease the land or other difficulties occurred through objections to the alienation of the land. When these occurred, a new file number was allocated. Previous papers were then attached to this file and the new file number recorded in the Reference Number columns of the Registers of Applications.The Register of Applications Remarks column was subsequently used to manage the file generated with references to correspondence and file movement being recorded here. This series was created to register these details about the ongoing management of files where space in the original register of applications had been completely filled. The details given in the series are the sequential file number and any details regarding file management. They need to be seen in conjunction with VPRS 13118 Register of Applications, Section 31 Land Act 1869.
1869年《土地法》第31条赋予了根据1865年《土地修订法》第42条(规制含金土地(auriferous lands)占用)申领占用许可证(occupation licenses)的持有人优先购买权(pre-emptive right)。行使该优先购买权需满足多项条件:持证人需已占用该土地至少两年半,且对土地进行了改良;同时不得因该土地为含金(含黄金)土地或其他公共性质理由而反对土地转让。已缴纳的许可费可冲抵购地款,土地与工程委员会(Board of Land and Works)需向持证人出具证书,载明其在占用期间已缴纳的土地面积与测量费金额。持证人亦可选择按同等条件承租该土地,并以十等分分期付款的方式支付购地款。
少数根据1865年《土地修订法》第42条申领占用许可证的持证人选择承租土地而非直接购地,相关缴费与其他细节均记载于承租人登记簿(Registers of Lessees)中。登记簿所载详情包括:租赁日期、承租人全名、所在郡与教区、地块编号与区段编号,以及土地面积;还包括土地价格,以及根据《租金与测量费缴纳证书》核定的此前已缴纳的许可费金额。后续缴费与收据编号、往来函件编号亦有记载。备注栏则载明租赁权转让、后续购地等相关细节,以及关于采矿异议或因公共用途需使用该土地的相关说明。登记簿通常还会标注VPRS 627《1869年土地法第31条土地选择档案》中所载的档案编号。
该类租赁登记可在VPRS 11871《1869、1878、1880年土地法项下租赁授予登记簿》中查询。根据本条款进行的土地购地登记则记载于VPRS 13106/P1《1869年土地法第31条购买登记簿》中。
相关申请最初登记于VPRS 13118《1869年土地法第31条申请登记簿》中。该系列登记簿最初用于登记《租金与测量费缴纳证书》的初始申请。每份申请均分配有连续编号,旁注记载申请人姓名、土地面积、地块与区段编号,以及土地所在教区。登记簿预留有申请日期栏,用于记录证书申请日期、购地或租赁申请日期,以及申请人收到土地与工程委员会关于购地申请决议的通知日期。此外还记载有参考编号,用于指代申请人的档案编号变更情况。
显然,该类登记簿中最初分配的编号亦为VPRS 627《1869年土地法第31条土地选择档案》中的档案编号。然而,部分申请人的初始证书申请与后续购地或租赁申请之间存在显著间隔,或因土地转让异议产生其他纠纷。出现此类情况时,将分配新的档案编号,此前的文件将归入该新档案,并在《申请登记簿》的参考编号栏中记录新档案编号。
《申请登记簿》的备注栏后续用于管理档案,在此处记载往来函件与档案流转情况。该系列登记簿的设立是为了登记原始申请登记簿空间用尽后相关档案的持续管理细节,所载内容包括连续档案编号及档案管理相关信息,需与VPRS 13118《1869年土地法第31条申请登记簿》结合查阅。
提供机构:
Public Record Office Victoria



