five

VPRS 11873 Register of Leases Granted Under Section 44 Land Act 1890.

收藏
Research Data Australia2024-12-14 收录
下载链接:
https://researchdata.edu.au/vprs-11873-register-act-1890/164133
下载链接
链接失效反馈
官方服务:
资源简介:
Leases were registered in Registers of Leases.The Register of Leases recorded details of the reference (or file) number, the name and parish of the lessee, the allotment and section of the land and its area in acres, roods and perches, the date of the lease, the date of the Governor's consent to it, the date of its execution, and any remarks regarding transfers, liens or loans and signatures at the time the lease was executed.Under the Land Acts, Crown land could be leased for use by private persons or organisations under various terms and conditions. Some leases were for the use of the land for a finite time, others were perpetual leases whilst others were a form of deferred purchase whereby the rent paid under a fixed term lease was credited against the total purchase price for the land. The terms and conditions of leases were specified in the relevant sections of the Acts and in regulations made under the Acts.Before leases came into force, they may have needed to be approved by the Board of Land and Works (VA 744) as shown in VPRS 11870 / P1 Schedules of Land Grants, Leases, Licenses and Sales Submitted for Approval to the Board of Land and Works. The extent of this requires further research. All substantial leases needed the approval of the Governor-in-Council. These approvals may be seen in the records of the Executive Council and of the Department of Crown Land and Survey's own records relating to the Executive Council. Leases were then executed by the parties to them, the drawing up of them and their execution being the responsibility of the Deeds Branch of the Department. Often leases were sent to country areas for execution and delivery and their receipt there may be seen in the Registers of Deeds for districts throughout Victoria.Section 42 of the Land Act 1884 (as confirmed in the consolidated Land Act 1890) provided for the issue to grazing area lessees (under Section 32 of the same Act) of licences to occupy for agricultural allotments not exceeding 320 acres. Persons who had selected that amount of land under previous Land Acts were not eligible for this provision. Those who had selected less than the 320 acres could select the amount of land necessary to make it up to 320 acres.Rent was set at one shilling per acre per annum with the licensee to reside on the allotment and make improvements to it. During the period of this license the land could be resumed by the Crown for a number of specified purposes with the repayment of any rentals or if the terms of the license were not complied with. If these conditions and conditions relating to the control of vermin and fencing were complied with, at the end of this time, under Section 44, a lease for up to 14 years was able to be applied for at the rental of one shilling per acre per annum or a Crown grant could be obtained by the payment of the full purchase price of fourteen shillings per acre. Lessees could obtain a Crown grant at any time during this fourteen year period by the payment of the difference between the rent already paid under the lease and the set price of fourteen shillings per acre.This Section was amended in Section 44 of the Land Act 1898 to divide lands into three classes for the purpose of the licensing of these agricultural allotments. No more than 200 acres of first-class lands were to be licensed at the rent of one shilling per acre per annum; no more than three hundred and twenty acres of second-class land at the annual rental of ninepence per acre. Both types of land were to be licensed for no more than six years.

租赁登记均录入《租赁登记簿》。该登记簿记录的信息包括:参照编号(或档案编号)、承租人姓名及其所在教区、土地的分配地块与区段、以英亩(acres)、路得(roods)与杆(perches)为单位的面积、租赁签订日期、总督批准该租赁的日期、租赁签署日期,以及租赁签署时涉及转让、留置权或贷款的备注与签署信息。 根据《土地法案》,王室土地(Crown land)可依据各类条款与条件出租给私人或组织使用。部分租赁为固定期限租赁,部分为永久租赁,另有部分采用延期购买模式:固定期限租赁项下已支付的租金可抵扣土地总购买价款。租赁的条款与条件在法案相关章节及法案配套规章中予以明确。 在租赁生效前,其可能需经土地与工程委员会(Board of Land and Works,VA 744)批准,相关记录可见于VPRS 11870 / P1《土地划拨、租赁、许可与销售提交土地与工程委员会审批清单》。该类记录的完整覆盖范围仍有待进一步研究。所有重大租赁均需经枢密院总督(Governor-in-Council)批准,此类批准可在行政会议(Executive Council)档案及王室土地与测量部(Department of Crown Land and Survey)涉行政会议的自有档案中查阅。随后由租赁各方签署租赁文件,文件的起草与签署工作由该部契据科(Deeds Branch)负责。租赁文件常被送往偏远地区完成签署与交付,其签收记录可在维多利亚州各辖区的契据登记簿中查询。 1884年《土地法案》(1890年合并版《土地法案》予以确认)第42条规定,针对依据同一法案第32条规定的放牧区承租人,可为面积不超过320英亩的农业分配地块颁发占用许可。依据此前土地法案选定该面积土地的人员,不得享受本条款优惠。此前选定土地面积不足320英亩者,可补足至320英亩。 该许可项下的租金定为每英亩每年1先令,被许可人需在该地块居住并开展土地改良。许可有效期内,若出现法定情形、退还已缴租金或违反许可条款,王室可收回该土地。若遵守该许可条款及虫害防治、围栏管护相关要求,许可期满后,依据第44条,承租人可申请为期不超过14年的租赁,租金仍为每英亩每年1先令;亦可通过支付每英亩14先令的全额购买价款,取得该土地的王室产权授予(Crown grant)。承租人亦可在该14年期限内的任一时刻申请取得王室产权授予,仅需补缴已支付的租赁租金与每英亩14先令的固定价款之间的差额。 本条款经1898年《土地法案》第44条修订,将上述农业分配地块的许可划分为三类土地进行管理:一类土地的许可面积不得超过200英亩,租金为每英亩每年1先令;二类土地的许可面积不得超过320英亩,租金为每英亩每年9便士。两类土地的许可期限均不得超过6年。
提供机构:
Public Record Office Victoria
二维码
社区交流群
二维码
科研交流群
商业服务