VPRS 12034 Register of Applications, Ballarat, Sections 19 and 20 Land Act 1869 (Ballarat District Survey Office)

VPRS 12034 Register of Applications, Ballarat, sections 19 & 20 Land Act 1869 (Ballarat District Survey Office) is the register of applications created by the Ballarat District Survey Office. It is duplicated by Register of Applications, Ballarat, sections 19 & 20 Land Act 1869 (Occupation Branch) (VPRS 12033) which is the register created by the Ballarat District Land Office of the Occupation Branch of the Department of Crown Lands and Survey (VA 538) in Melbourne (See below for explanation).VPRS 12034 was previously registered as unit 5 of VPRS 1283 Application 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 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 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.After the creation of the Occupation Branch, applications made under the Land Act 1869 that had been registered prior to 1874 were transferred to District Indexes that were separate from registers created for new applications received. These District Indexes that recorded pre 1874 applications are arranged alphabetically but the application numbers are not consecutive. An Index for the Ballarat 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 Geelong 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 of applications 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 12034 《巴拉腊特1869年土地法第19、20条申请登记簿》（巴拉腊特区测量办公室，Ballarat District Survey Office）是由巴拉腊特区测量办公室编制的申请登记簿。该登记簿与VPRS 12033《巴拉腊特1869年土地法第19、20条申请登记簿（占地科，Occupation Branch）》互为副本，后者由墨尔本皇家土地与测量部（Department of Crown Lands and Survey，VA 538）巴拉腊特地区土地办公室编制（详见下文说明）。VPRS 12034此前曾被登记为VPRS 1283申请登记簿的第5单元。

1869年土地法的出台，将维多利亚州此前未被占用的所有皇家土地开放用于土地选购。1865年土地法第42条已规定了测量前选购土地的条款，在此之前，所有皇家土地需先完成测量方可开放使用。测量前免费选购土地的条款被纳入1869年土地法。该立法的目的是鼓励在对殖民地最有利的土地上定居。

根据1869年土地法第19条，土地选购者可申请为期三年的皇家土地占用许可证，租金定为每英亩2先令，每位选购者最高可申请320英亩土地。申请时需预缴半年租金作为押金，若申请被驳回，押金将予以退还。该法第20条对三年期许可证设定了条件：选购者需通过修建围栏与住宅、耕作土地以及消灭害虫与有害杂草来改善其地块。许可证期限届满后，选购者可申请七年期租约或直接购买其地块的皇家土地授予权。只有满足改善条件的申请，方可获批授予权或租约。若选购者选择七年期租约，则每年租金可用于抵扣土地购买价款。

1869年土地法为土地选购者带来的额外优惠，引发了皇家土地选购申请的井喷式增长。至1873年，皇家土地与测量部（VA 538）在管理申请事宜上遭遇诸多难题，公众投诉达到顶峰。投诉内容包括申请处理周期极长、同一地块被批准给多名申请人，以及回复函件耗时过长。

当皇家土地选购申请提交至该部后，将被登记入申请登记簿。1874年占地科成立之前，所有依据1869年土地法第19、20条提交的申请，无论地块位置如何，均被记录在同一套登记簿中（参见VPRS 12026）。申请登记簿的内容按字母顺序排列，申请编号按字母表顺序以批次连续分配。

通常会依据土地法中对应的申请条款设立单独的申请登记簿，例如所有依据1869年土地法第19条提交的申请均记录在同一登记簿中。较为冷门的土地法条款对应的申请，通常会被合并记录在同一登记簿中。

为理顺皇家土地管理流程，1874年在助理测量总监H·拜伦·摩尔（H Byron Moore）的推动下，占地科正式成立，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个土地辖区，分别为：阿拉拉特、巴拉腊特、比奇沃斯、贝纳拉、卡斯尔梅因与达诺利、伊丘卡、吉朗、瓦南布尔与坎珀当、汉密尔顿、霍舍姆、墨尔本、塞尔与贝恩斯代尔、桑德赫斯特（本迪戈）、西摩以及圣阿诺德。每个辖区在墨尔本的占地科均设有地区土地办公室。

每个地区土地办公室配备双人办公桌或工作台，分别供办事员与绘图员使用。各类文件、地图与规划均摆放于便于取用的位置。从皇家土地出售伊始到最终处置，均由同一批工作人员负责办理。地区办公室的人员配置最初仅为一名办事员与一名绘图员，专门负责对应土地辖区的事务，他们需熟悉本辖区情况并处理所有相关土地业务。至1877年，每个地区土地办公室已配备一名地区官员、一名租金办事员、一名绘图员与数名普通办事员。

1874年占地科成立并将全州划分为土地辖区后，申请按辖区进行登记。每个地区土地办公室均编制并维护各自的申请登记簿系列。1874年之后提交的所有新申请，均登记在单独的辖区登记簿中，申请编号从1开始连续分配。不同辖区可使用相同的申请编号，例如巴拉腊特与本迪戈土地辖区均可存在申请编号1021/19，唯有辖区名称搭配附带的档案编号，才是唯一标识符。

申请人需在地区测量办公室填写《1869年土地法第二部分许可证申请表》。大多数土地辖区均设有地区测量办公室。地区测量员会将申请人信息录入保存在地区测量办公室的申请登记簿中，并为每位申请人分配登记簿编号。该申请编号会被填写在土地选购申请表上，若申请获批，该编号即成为其土地选购档案编号。

地区测量员需在登记簿中录入申请编号、申请接收日期、申请人姓名、职业与教区、申请的地块编号与面积（英亩、路得、平方杆，acres, roods and perches）。随后，申请表将被转交至墨尔本占地科对应的地区土地办公室，并在该处的副本申请登记簿中以同一申请编号进行登记。地区测量员还需转交所申请地块的位置描图。

所申请地块的位置会立即用铅笔在工作规划图上标注出来。随后，描图会被送至矿产与供水部（Department of Mines and Water Supply，VA 2720），以获取是否存在矿业异议的报告。若无矿业异议，申请将提交至地方土地委员会（Local Land Board）进行审理。地方土地委员会由当地社区代表与皇家土地与测量部（VA 538）的代表组成。委员会将听取所有地块申请人的陈述，并决定将许可证或租约授予何人。记录地方土地委员会决议的清单会被转交至墨尔本占地科对应的地区土地办公室，并将决议录入申请登记簿。

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）将依据地方土地委员会的建议，对土地选购申请作出最终批准。土地与工程委员会（VA 744）的决议也会被录入申请登记簿。登记簿还会记录许可证签发日期以及该档案后续的所有相关动作。占地科的地区土地办公室绘图员会将获批各地块的选购者信息标注在工作规划图上。随后，地块描图会被送至负责对应土地辖区的皇家土地执行官。

1874年占地科成立后，1874年之前登记的、依据1869年土地法提交的申请，会被转移至与新申请登记簿分开的辖区索引中。这些记录1874年之前申请的辖区索引按字母顺序排列，但申请编号并非连续。截至1999年8月，巴拉腊特辖区的索引并未由维多利亚公共档案馆（Public Record Office Victoria，简称PROV）保管。

新的申请登记簿按土地辖区以及对应的土地法申请条款进行编排。例如，所有依据1869年土地法第19条提交的吉朗土地辖区申请，均记录在同一登记簿中。较为冷门的土地法条款对应的申请，通常会被合并记录在同一辖区登记簿中。

申请登记簿用于管理选购与占用档案。若皇家土地选购申请获批，申请编号即成为档案编号。例如，若依据1869年土地法第19条提交的选购申请被登记为申请编号324，则该选购或占用档案编号为324/19。

若所有条款与条件均得到满足且选购最终获得皇家土地授予权，申请编号将始终作为对应地块的选购档案编号。然而，许多最初的土地选购者最终并未拥有土地，不少选购者因违约或放弃许可证而丧失资格。在此情况下，该地块将重新开放用于选购。新的申请人需以新的申请编号登记入申请登记簿，原申请人的档案将附于新申请人的档案之后。申请登记簿中会在原申请人的条目下方标注新的档案编号。即便同一选购者再次申请其此前已丧失资格的地块的许可证，也需分配新的申请编号，且该档案将拥有新的选购档案编号。

若地块以租约形式持有，租约所有权可在无需重新开放土地进行选购的情况下进行转让。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）发送通知函，告知租约转让事宜。该通知函会被附于选购档案中，但租约转让不会被记录在申请登记簿中。转让信息会被录入租金登记簿，并为受让人创建新条目，租金登记簿由占地科的租金办事员管理。转让信息也会被记录在选购档案中。租约转让无需提交新申请，因此选购档案编号将保持不变，因为申请登记簿中不会创建新条目。