VPRS 12046 Register of Applications, Hamilton, Sections 19 and 20 Land Act 1869 (Occupation Branch)
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VPRS 12046 Register of Applications, Hamilton, sections 19 & 20 Land Act 1869 (Occupation Branch) is the register of applications created by the Hamilton District Land Office of the Occupation Branch of the Department of Crown Lands and Survey (VA 538) in Melbourne. It is duplicated by Register of Applications, Hamilton. Sections 19 & 20 Land Act 1869 (Hamilton District Survey Office) (VPRS 12047) which is the series created by the Hamilton District Survey Office. (See below for explanation).VPRS 12046/P1 was previously registered as unit 64 of VPRS 451 Application Registers.VPRS 12046/P2 was previously registered as unit 138 of VPRS 458 Miscellaneous 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 Register of Applications, sections 19 & 20 Land Act 1869 (VPRS 12026). The content of registers of applications was 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 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 register of applications 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.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. The content of these District Indexes that recorded pre 1874 applications is arranged alphabetically but the application numbers are not consecutive. An index for the Hamilton Land District is not in PROV custody as at August 1999.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 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 an 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 a register of applications.
VPRS 12046《汉密尔顿地区1869年〈土地法〉第19、20条(土地占用分支)申请登记簿》,是由墨尔本王室土地与测量部(Department of Crown Lands and Survey,VA 538)汉密尔顿地区土地办事处创建的申请登记簿。该登记簿存在副本,即VPRS 12047《汉密尔顿地区1869年〈土地法〉第19、20条申请登记簿(汉密尔顿地区测量办事处)》,由汉密尔顿地区测量办事处创建,详细说明见下文。VPRS 12046/P1此前登记为VPRS 451申请登记簿的第64单元;VPRS 12046/P2此前登记为VPRS 458杂项登记簿的第138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供公众选择申领。1865年《土地法》第42条早已规定了测量前可申领土地的条款,在此之前,所有王室土地需先完成测量方可开放使用。测量前免费申领土地的条款被纳入1869年法案,该立法的初衷是鼓励民众在对殖民地最具发展优势的土地上定居。
根据1869年《土地法》第19条,申领人可申请为期三年的王室土地占用许可证,租金标准为每英亩2先令,每位申领人最多可申领320英亩土地。申请时需缴纳半年租金作为押金,若申请被驳回,押金将全额退还。该法案第20条对三年期许可证设置了明确条件:申领人需通过修建围栏与住宅、耕作土地以及消灭害虫和有害杂草等方式,改善其分配到的地块。许可证期满后,申领人可申请七年期租约,或直接购买其地块的王室土地授予权。唯有满足全部改善条件的申请,方可获得土地授予权或租约批准。若申领人选择七年期租约,每年缴纳的租金可用于抵扣土地购买价款。
1869年《土地法》为申领人带来的诸多额外优势,导致王室土地申领申请数量激增。至1873年,王室土地与测量部(Department of Crown Lands and Survey,VA 538)在申请管理工作中遭遇诸多难题,公众投诉达到历史峰值。投诉内容包括申请处理周期过长、同一地块被批准给多名申请人,以及回复相关信函耗时过久等。
当部门收到王室土地申领申请后,会将其登记在申请登记簿中。1874年土地占用科成立之前,所有依据1869年《土地法》第19、20条提交的申请,均被统一记录在同一套登记簿中,不区分申请地域(详见VPRS 12026《1869年〈土地法〉第19、20条申请登记簿》)。申请登记簿按申请人姓名字母顺序排列,申请编号按字母表的每个字母区块连续分配。通常情况下,部门会为个人申领土地所依据的不同法案条款,分别创建专属的申请登记簿。例如,所有依据1869年《土地法》第19条收到的申请,均会被记录在同一本登记簿中。而较为冷门的法案条款对应的申请,通常会被汇总记录在同一本地区登记簿中。
为合理化王室土地的管理模式,在助理测量总监H·拜伦·摩尔(H Byron Moore)的推动下,该部门于1874年正式成立土地占用科,全权负责处理所有与王室土地占用相关的事务。当时全州被划分为15个土地地区,分别为:阿拉拉特、巴拉瑞特、比奇沃斯、贝纳拉、卡斯尔梅恩与杜诺利、伊丘卡、吉隆-瓦南布尔及坎珀当、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)、西摩以及圣阿尔诺。每个土地地区在墨尔本的土地占用科均设有专属的地区土地办事处。
每个地区土地办事处配备一张双人办公桌,办事员与绘图员在此协同办公,各类文件、地图与平面图均放置在随手可取的位置。同一批工作人员负责王室土地从出售到最终处置的全流程业务。地区办事处的核心人员为办事员与绘图员,专门负责对应土地地区的相关事务,他们需熟悉本地区地理与土地情况,处理所有与该地区相关的土地业务。至1877年,每个地区土地办事处已配备地区官员、租金办事员、绘图员以及若干普通办事员。
1874年土地占用科成立并将全州划分为土地地区后,所有申请均按地区进行登记。每个地区土地办事处自行创建并维护专属的申请登记簿系列。1874年之后部门收到的全部新申请,均在各自地区的专属登记簿中登记,申请编号从1开始连续分配。不同土地地区可使用相同的申请编号,例如巴拉瑞特与本迪戈土地地区均可存在申请编号1021/19,唯有结合地区名称与附带的文件编号,才能构成唯一的标识符。
申请人需在地区测量办事处填写《1869年〈土地法〉第二部分许可证申请表》。大多数土地地区均设有地区测量办事处,地区测量员会将申请人的详细信息记录在办事处保存的申请登记簿中,并为每位申请人分配专属编号。该申请编号会被标注在土地申领申请表上,若申请获批,该编号将成为该地块申领的专属文件编号。
地区测量员需在申请登记簿中记录以下信息:申请编号、收到申请的日期、申请人姓名、职业与教区、申请的地块编号及面积(英亩、路得、平方杆)。随后,申请材料会被转发至墨尔本土地占用科对应的地区土地办事处,并在该处的重复申请登记簿中以相同的申请编号进行登记。地区测量员还需同步转发所申请地块的描图。
所申请地块的位置会立即用铅笔在工作平面图上标注出来。随后,地块描图会被送至矿业与供水部(Department of Mines and Water Supply,VA 2720),以获取是否存在矿业异议的评估报告。若无矿业异议,申请将交由当地土地委员会审理。当地土地委员会由当地社区代表与王室土地与测量部(Department of Crown Lands and Survey,VA 538)的代表共同组成。委员会会听取所有地块申请人的陈述,并最终决定将许可证或租约授予何人。记录当地土地委员会决议的清单会被转发至墨尔本土地占用科对应的地区土地办事处,相关决议会被录入申请登记簿中。
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,会依据当地土地委员会的建议,对土地申领申请作出最终批准。土地与工程委员会(Board of Land and Works,VA 744)的决议会被正式记录在申请登记簿中。登记簿还会同步记录许可证签发日期,以及与该文件相关的所有后续行动。获得地块分配的申领人信息,随后会由墨尔本土地占用科的地区土地办事处绘图员记录在工作平面图上。地块的描图会被送至负责对应土地地区的王室土地执行官。
1874年土地占用科成立后,1874年之前登记的、依据1869年《土地法》提交的申请,会被转移至地区索引体系中,该体系与为新申请创建的登记簿相互独立。这些记录1874年之前申请的地区索引按申请人姓名字母顺序排列,但申请编号并非连续分配。截至1999年8月,维多利亚公共档案馆(Public Record Office Victoria,PROV)并未保管汉密尔顿土地地区的相关索引。
申请登记簿按土地地区以及申请所依据的《土地法》条款进行编排。例如,巴拉瑞特土地地区所有依据1869年《土地法》第19条收到的申请,均会被记录在同一本登记簿中。较为冷门的法案条款对应的申请,通常会被汇总记录在同一本地区登记簿中。
申请登记簿管控着所有土地申领与占用文件。若王室土地申领申请成功,申请编号将成为该地块的专属文件编号。例如,若依据1869年《土地法》第19条提交的申领申请登记为编号324,则该地块的申领或占用文件编号为324/19。若所有条款与条件均得到满足,且申领最终获得王室土地授予权,则该申请编号将始终作为该地块的专属申领文件编号。然而在实际操作中,原申领人通常并不会最终拥有该土地。许多申领人会被取消申领资格或主动放弃其许可证。若出现此类情况,该土地将重新开放供公众申领。新的申请人会被分配全新的申请编号,并登记在申请登记簿中,原申领人的文件会被附加至新申领人的文件中。新的文件编号会在登记簿中原申领人的条目旁进行注释。即使是同一申领人,就其此前被取消资格的土地再次申请许可证,也会被分配新的申请编号,其文件也将拥有全新的申领文件编号。
若地块是以租约形式持有的,租约所有权可进行转让,无需重新开放土地供公众申领。租约转让业务由产权办事处(Office of Titles,VA 2888)管理,该办事处会向王室土地与测量部(Department of Crown Lands and Survey,VA 538)发送正式备忘录,告知租约转让的相关信息。该备忘录会被附加至对应的申领文件中。租约转让的相关信息不会被记录在申请登记簿中,但会被录入租金登记簿,并为受让人创建新的登记条目。租金登记簿由土地占用科的租金办事员负责管理。租约转让的相关信息也会被记录在申领文件中。转让租约无需提交新的申请,因此申领文件编号将保持不变,因为申请登记簿中不会创建新的登记条目。
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