VPRS 13306 Index to Applications, Stawell, Sections 19 and 20 and section 49 Land Act 1869 (Stawell District Survey Office)
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VPRS 13306 Index to Applications, Stawell, Sections 19 & 20 and Section 49Land Act 1869 (Stawell District Survey Office) is the index created for applications that had been approved in the Stawell District prior to 1874.. It was created to give the Stawell Survey District officers access to applications and selection files in VPRS 625 and VPRS 629 which were created prior to the establishment of the Occupation Branch in 1874.VPRS 13306 was previously registered as unit 85 of VPRS 451/P1 Register of Applications, Land Act 1869.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.Under section 49 of the Land Act 1869 selectors could apply for a licence to occupy and cultivate auriferous (gold field) land. The licence was for one year and the size of the land occupied was not to exceed 20 acres. The licence was renewable each year with the payment of a licence fee. A selector could not hold more than one licence under section 49 of the Land Act 1869.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 by name of applicant 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 creation of the Occupation Branch, applications made under the Land Act 1869 that had been registered prior to 1874 (see VPRS 12026) were copied into Indexes. An Index was created for each Land District so the clerks of each new District Land Office in the Occupation Branch and officers of the District Survey Office could readily access the details of applications which had previously been registered in VPRS 12026 and the selection files now found in VPRS 625.The content of these District Indexes that recorded pre 1874 applications is arranged alphabetically but the application numbers are not consecutive. VPRS 13306 Index to Applications Stawell, sections 19 & 20 Land Act 1869 (Stawell District Survey Office) is the Index created for applications made prior to 1874 in the Stawell District.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 application 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 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.From 1874 application registers 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 register of applications.
VPRS 13306:《1869年土地法》第19、20条及第49条斯托尔地区申请索引(斯托尔地区测量办公室),是为1874年之前斯托尔地区获批的土地申请编制的索引。该索引旨在方便斯托尔测量区工作人员调取VPRS 625与VPRS 629中1874年土地占用科(Occupation Branch)成立前生成的申请与选地档案。VPRS 13306原登记为VPRS 451/P1《1869年土地法》申请登记册第85号单元。
1869年《土地法》的出台,将维多利亚州此前未被占用的全部王室土地开放用于选地申请。1865年《土地法》第42条就规定了测量前选地制度,在此之前,所有王室土地需先完成测量方可开放使用。1869年《土地法》沿用了测量前免费选地的条款,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,选地申请人可申请为期三年的王室土地占用许可。许可租金定为每英亩2先令,每位申请人最多可申请320英亩土地。申请人需预付半年租金作为定金;若申请被驳回,定金将予以退还。该法第20条对三年期许可设置了义务要求:申请人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良其所分配的地块。许可期满后,申请人可申请为期七年的租约,或申请王室土地赠与以购买其所分配的地块。只有满足改良义务的申请,方可获批赠与或租约。若申请人选择七年租约,则每年缴纳的租金可用于抵扣土地购买价款。
根据1869年《土地法》第49条,申请人可申请占用并耕作含金(auriferous,即金矿区)土地的许可。许可有效期为一年,占用土地面积不得超过20英亩。缴纳许可费后,许可可每年续期。根据该法第49条,申请人不得同时持有多份此类许可。
1869年《土地法》为申请人提供的额外优惠,引发了大量王室土地选地申请。至1873年,王室土地与测量部(VA 538)在管理申请事务时遭遇诸多问题,公众投诉达到历史峰值。投诉内容包括申请审批流程耗时过长、同一地块获批给多名申请人,以及回复信函的周期过长。
当王室土地选地申请被该部门接收后,将被录入申请登记册。1874年及土地占用科(Occupation Branch)成立前,所有根据1869年《土地法》第19、20条提交的申请,无论申请地点如何,均被录入同一套登记册(详见VPRS 12026)。申请登记册的内容按申请人姓名的字母顺序排列,申请编号按字母表顺序分段连续分配。
通常会根据申请人可提交选地申请所依据的《土地法》条款,分别设立申请登记册。例如,所有根据1869年《土地法》第19条提交的申请,均被录入同一登记册;较为冷门的法案条款对应的申请,通常会被录入同一本登记册。
为合理化王室土地管理流程,在助理测量总长H·拜伦·摩尔(H Byron Moore)的推动下,该部门于1874年设立了土地占用科(Occupation Branch),专门处理所有与王室土地占用相关的事务。
该州被划分为15个土地区,分别为阿拉拉特(Ararat)、巴拉瑞特(Ballarat)、比奇沃思(Beechworth)、贝纳拉(Benalla)、卡斯尔梅因与达诺利(Castlemaine and Dunolly)、伊丘卡(Echuca)、吉隆、沃纳姆堡与坎珀当(Geelong, Warrnambool and Camperdown)、哈密尔顿(Hamilton)、霍舍姆(Horsham)、墨尔本(Melbourne)、塞尔与贝恩斯代尔(Sale and Bairnsdale)、桑德赫斯特(即本迪戈,Sandhurst (Bendigo))、西摩(Seymour)以及圣阿诺德(St Arnaud)。每个土地区均通过位于墨尔本土地占用科的地区土地办公室派驻代表。
每个地区土地办公室设有双人工作台,书记员与绘图员可同时办公,各类档案、地图与图纸均摆放于随手可取之处。同一批工作人员负责王室土地从出让到处置的全流程事务。地区土地办公室的人员配置主要为一名文职人员与一名绘图员,专门负责对应土地区的相关事务。他们需熟悉本土地区情况,并处理所有与该区域相关的土地业务。
至1877年,每个地区土地办公室的人员配置已扩充至包括一名地区官员、一名租金书记员、一名绘图员以及多名普通文员。
土地占用科设立后,1874年之前登记的1869年《土地法》相关申请(详见VPRS 12026)被抄录至各类索引中。每个土地区均编制了专属索引,以便土地占用科内新设地区土地办公室的文员与各地区测量办公室的工作人员,能够便捷调取此前录入VPRS 12026的申请详情,以及现存放于VPRS 625中的选地档案。
这些记录1874年前申请的地区索引,内容按字母顺序排列,但申请编号并非连续分配。VPRS 13306《1869年土地法》第19、20条斯托尔地区申请索引(斯托尔地区测量办公室),即为斯托尔地区1874年前提交的申请编制的专属索引。
1874年土地占用科设立且全州划分为土地区后,申请按地区进行登记。每个地区土地办公室均编制并维护各自的申请登记册系列。1874年后该部门接收的所有新申请,均录入各地区专属登记册,申请编号从1开始连续分配。不同土地区可使用相同的申请编号,例如巴拉瑞特与本迪戈土地区均可能存在申请编号1021/19,因此唯有结合地区名称与附带的档案编号,方可作为唯一标识符。
申请人需在地区测量办公室填写《1869年土地法》第二部分许可申请表。大多数土地区均设有地区测量办公室,地区测量员会将申请人的详细信息录入保存在该办公室的申请登记册,并为每位申请人分配编号。该申请编号会被标注在选地申请表上,若申请获批,该编号即成为其土地选地档案的编号。
地区测量员需在申请登记册中录入申请编号、申请接收日期、申请人姓名、职业与教区、所申请地块的编号与面积(英亩、路得与平方杆)。随后申请表将被转交至墨尔本土地占用科内对应的地区土地办公室,该办公室会将相同的申请编号录入申请副本登记册中。同时,地区测量员还需转交所申请地块的描图。
所申请地块的位置会被立即以铅笔标注在工作规划图上。随后描图将被送交矿产与供水部(VA 2720),以获取是否存在采矿异议的报告。若无采矿异议,申请将提交至地方土地委员会进行审议。地方土地委员会由当地社区代表与王室土地与测量部(VA 538)的代表组成,委员会将听取所有地块申请人的陈述,并决定将许可或租约授予哪位申请人。
记录地方土地委员会决议的清单将被转交至墨尔本土地占用科内对应的地区土地办公室,并将决议内容录入申请登记册。
作为王室土地管理法定主管部门的土地工程委员会(Board of Land and Works,VA 744),将根据地方土地委员会的建议,对土地选地申请作出最终批复。土地工程委员会(VA 744)的决议将被录入申请登记册,登记册同时还会记录许可发放日期以及该档案后续的所有相关操作。土地占用科内地区土地办公室的绘图员,会将获批各地块的申请人信息标注在工作规划图上。随后该地块的描图将被送交负责对应土地区的王室土地执行官。
1874年起,申请登记册按土地区以及申请人所依据的《土地法》条款进行分类编排。例如,巴拉瑞特土地区所有根据1869年《土地法》第19条提交的申请,均被录入同一登记册;较为冷门的法案条款对应的申请,通常会被录入同一本地区登记册。
申请登记册管控选地与占用档案。若王室土地选地申请获批,申请编号即成为档案编号。例如,若根据1869年《土地法》第19条提交的选地申请的登记编号为324,则该选地或占用档案的编号为324/19。
若申请人满足所有条款与条件且最终获得王室土地赠与,该申请编号将作为对应地块的选地档案编号持续有效。但通常情况下,初始申请人最终未必能拥有该土地,许多申请人会因违约放弃许可。若出现此类情况,该土地将被重新开放用于选地申请,新申请人将被分配新的申请编号录入申请登记册,原申请人的档案将被附加至新申请人的档案中。登记册中原申请人的条目旁会标注新的档案编号。
即便同一申请人就其此前违约放弃的土地再次提交许可申请,仍会被分配新的申请编号,档案也将拥有新的选地档案编号。
若地块以租约形式持有,租约所有权可进行转让,无需重新开放土地进行选地申请。租约转让事务由产权办公室(VA 2888)负责办理,该办公室会向王室土地与测量部(VA 538)发送租约转让备忘录,并将该备忘录附加至选地档案中。转让信息不会被录入申请登记册。
租约转让信息会被录入租金名册,并为受让方创建新条目。租金名册由土地占用科内的租金书记员管理,同时转让信息也会被记录在选地档案中。租约转让无需提交新的申请,因此选地档案编号将保持不变,申请登记册中也不会创建新条目。
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