VPRS 13171 Index to Applications, Hamilton, Sections 19 & 20 and Section 49 Land Act 1869 (Hamilton District Survey Office)

This series is the index created by the Occupation Branch for the Hamilton District Survey Office. It was created to give officers access to applications and selection files which were created prior to the establishment of the Occupation Branch in 1874.VPRS 13171/P1 was previously registered as unit 6 of VPRS 451/P Registers 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 and Section 49 of the Land Act 1869 were recorded in the same series of registers irrespective of location; see VPRS 12026 and VPRS 13128. 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 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. This series is the Index created for applications made prior to 1874 in the Hamilton 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 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 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 location 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 issued 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 the section of the Land Act that 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, however, were often recorded together 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.

本系列档案为汉密尔顿区测量局下属土地占用管理科（Occupation Branch）所编制的索引，旨在方便工作人员调取1874年该科成立前生成的土地申请与甄选档案。VPRS 13171/P1原登记为VPRS 451/P《1869年土地法》申请登记册第6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以供甄选。早在1865年《土地法》第42条便已规定可先甄选后测量，在此之前，所有王室土地均需完成测量后方可开放使用。先测量后甄选的条款被纳入1869年法案，其立法目的在于鼓励在对殖民地最具发展优势的土地上开展定居开发。

根据1869年《土地法》第19条，土地甄选者可申请为期三年的王室土地占用许可，租金定为每英亩2先令，每位甄选者最多可申请320英亩土地。申请时需预付半年租金作为押金，若申请被驳回，押金将予以退还。该法第20条对三年期许可附加了条件：甄选者需通过修建围栏与住宅、开垦土地以及消灭害虫与有害杂草来改良其分配地块。许可期限届满后，甄选者可申请七年期租约或直接购买该地块的王室土地授予权，唯有满足改良条件的申请方可获得许可或租约。若甄选者选择七年期租约，则每年缴纳的租金可用于抵扣土地购买价款。

1869年《土地法》第49条允许甄选者申请占用并开垦含金（金矿）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，缴纳许可费后可每年续期。根据该条款，每位甄选者最多只能持有一份此类许可。

《1869年土地法》为甄选者带来的额外优势，使得王室土地甄选申请数量激增。至1873年，王室土地与测量局（Department of Crown Lands and Survey，VA 538）在管理申请事务时面临诸多问题，公众投诉达到历史峰值，投诉内容包括申请处理周期过长、同一地块被多人获批申请以及回复通信延迟严重等。

当王室土地甄选申请被该局接收后，会被登记入申请登记册。1874年土地占用管理科成立之前，所有依据1869年《土地法》第19、20及49条提交的申请，均按统一系列登记册进行记录，不分地域，相关登记册参见VPRS 12026与VPRS 13128。申请登记册内容按申请人姓名首字母排序，且按字母表分组连续分配申请编号。

通常，依据土地法不同条款提交的申请会分别设立申请登记册，例如所有依据1869年《土地法》第19条提交的申请均登记于同一登记册；较为冷门的法案条款则通常合并登记于同一登记册。

为合理规划王室土地管理工作，1874年在助理测量总监H·拜伦·摩尔的推动下，土地占用管理科正式成立，负责处理所有与王室土地占用相关的事务。

该州被划分为15个土地行政区，分别为阿拉拉特、巴拉瑞特、比奇沃斯、贝纳拉、卡斯尔梅因与杜诺利、伊丘卡、吉隆-瓦南布尔与坎珀当、汉密尔顿、霍舍姆、墨尔本、塞尔与拜恩斯代尔、桑德赫斯特（本迪戈）、西摩与圣阿尔诺。每个行政区均在墨尔本的土地占用管理科下设区土地办事处。

每个区土地办事处设有双人办公桌，办事员与绘图员在此协同办公，各类档案、地图与规划图均放置于随手可取之处。同批工作人员负责从土地出售起始到最终处置的全流程事务。区办事处的人员配置最初仅为一名办事员与一名绘图员，专门负责对应土地行政区的事务，他们需熟悉本辖区并处理所有相关土地业务。至1877年，每个区土地办事处已配备区官员、租金办事员、绘图员及若干普通办事员。

土地占用管理科成立后，1874年前已登记的《1869年土地法》相关申请（参见VPRS 12026）被抄录至索引中。为每个土地行政区分别编制索引，以便土地占用管理科各新区办事处与区测量局的工作人员能够便捷调取此前已登记的申请详情，以及现保存于VPRS 625中的甄选档案。

本系列档案即为汉密尔顿行政区1874年前提交的土地申请所编制的索引。

1874年土地占用管理科成立并将全州划分为土地行政区后，申请按行政区进行登记。每个区土地办事处自行创建并维护其专属的申请登记册系列。1874年后该局收到的所有新申请，均登记于独立的区登记册中，申请编号从1开始连续分配。不同行政区可使用相同的申请编号，例如巴拉瑞特与本迪戈土地行政区均可存在申请编号1021/19。唯有结合行政区名称与附带的档案编号，方可构成唯一标识符。

申请人需在区测量局填写《1869年土地法》第二部分规定的许可申请表。多数土地行政区均设有区测量局，区测量员会将申请人信息登记于区测量局保存的申请登记册中，并为每位申请人分配登记编号。该申请编号会被标注于土地甄选申请表上，若申请获批，该编号即成为其土地甄选档案编号。

区测量员需在申请登记册中记录申请编号、申请接收日期、申请人姓名、职业与教区、申请地块编号与面积（英亩、路得与平方竿）。随后申请表将被转交至墨尔本土地占用管理科对应的区土地办事处，并在该处的重复申请登记册中以相同申请编号进行登记。区测量员还需转交申请地块的描图。

申请地块的位置会立即以铅笔绘制于工作规划图上。随后描图会被送至矿产与供水局（Department of Mines and Water Supply，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局（VA 538）代表组成，委员会将听取所有针对同一地块的申请人的陈述，并决定将许可或租约授予何人。记录地方土地委员会决议的清单会被转交至墨尔本土地占用管理科对应的区土地办事处，决议内容将被登记入申请登记册。

土地与工程委员会（Board of Land and Works，VA 744）作为管理王室土地的法定机构，将依据地方土地委员会的建议对土地甄选申请作出最终批准。该委员会的决议同样会被登记入申请登记册。登记册还会记录许可颁发日期及该档案后续的所有相关操作。获得地块分配的甄选者信息，将由土地占用管理科的区土地办事处绘图员登记于工作规划图上。申请地块的描图随后会被送至负责对应土地行政区的王室土地法警手中。

自1874年起，申请登记册按土地行政区以及申请所依据的土地法条款进行分类。例如，巴拉瑞特土地行政区所有依据1869年《土地法》第19条提交的申请，均登记于同一登记册。但较为冷门的法案条款，通常仍合并登记于同一区登记册中。

申请登记册管控甄选与占用档案：若土地甄选申请获批，申请编号即成为档案编号。例如，若依据1869年《土地法》第19条提交的甄选申请登记编号为324，则其甄选或占用档案编号为324/19。若所有条款与条件均得到满足且甄选最终获得王室土地授予权，该申请编号将始终作为对应地块的甄选档案编号。然而，通常最初的甄选者最终未必能拥有该土地，许多甄选者会丧失或放弃其许可。在此情况下，该土地将重新开放以供甄选，新申请人将获得新的申请编号进行登记，原申请人的档案会被附加至新申请人的档案中，登记册中原申请人条目旁会标注新的档案编号。即便同一甄选者再次申请其此前丧失的地块，也会被分配新的申请编号，档案也将拥有新的甄选编号。

若地块以租约形式持有，租约所有权可转让，无需重新开放土地进行甄选。租约转让由产权办事处（Office of Titles，VA 2888）管理，该办事处会向王室土地与测量局（VA 538）发送备忘录通知租约转让事宜，该备忘录将被附加至甄选档案中。租约转让不会被登记入申请登记册，但会被记录于租金名册中，并为受让方创建新条目，同时也会被记录于甄选档案中。租约转让无需提交新申请，因此甄选档案编号保持不变，申请登记册中也不会创建新条目。