VPRS 854 Files Regarding the Payment of Penalties, Section 98 Land Act 1869

The files in this series are dealing with cases where the covenants required by Sections 21 and 22 Land Act 1862 and Section 7 Amending Land Act 1865 and Section 126 of the Land Act 1862 relating to the obligation to make improvements on a selection had not been complied with, but a Crown grant was being applied for. The applicant, under Section 98 Land Act 1869 was to provide certification that all covenants and obligations had been complied with or make a penalty payment at the rate of five shillings per acre.Files might include correspondence by and on behalf of the selector, plans of the land affected, Crown opinions, papers relating to cases in the Equity jurisdiction and tabulations of the land held by the applicant. Many files contain Certificates of Title by leasehold and leases originally gained under the Land Act 1862 and the Amending Land Act 1865. In a very large number of cases, the applicant was not the original selector having been assigned leases by purchase or transfer.It is probable that matters were dealt with mainly in 1876 and 1878 as the additional lease period granted in Section 33 to lessees under Sections 7 and 12 Amending Land Act 1865 expired.