VPRS 13305 Register of Applications, Bairnsdale, Sections 19 and 20 Land Act 1869 (Bairnsdale District Survey Office)
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VPRS 13305 Register of Applications, Bairnsdale, sections 19 & 20 Land Act 1869 (Bairnsdale District Survey Office) was created by the District Survey Office at Bairnsdale. It is duplicated by Register of Applications, Bairnsdale Sections 19 & 20 Land Act 1869 (Occupation Branch) (VPRS 12237) which is the series created by the Bairnsdale District Office at the Occupation Branch of the Department of Crown Lands and Survey (VA 538). (See description below).VPRS 13305/P1 was previously registered as units 83 and 87 of VPRS 451/P Register of Applications, Land Act 1869.VPRS 13305/P2 was previously registered as unit 7 of VPRS 454/P Application Registers, Land Acts 1869 - 1878.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). Registers of applications were arranged alphabetically and application numbers were allocated consecutively in blocks for each letter of the alphabet.Separate registers 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 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 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 copied 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. For Sale Land District applications made prior to 1874 see VPRS 12238.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 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 a register of applications.
VPRS 13305 申请登记册,贝尔斯代尔(Bairnsdale),1869年《土地法》第19、20条(贝尔斯代尔区测量办公室)由贝尔斯代尔区测量办公室编制。该登记册另有副本:1869年《土地法》第19、20条(占用科)申请登记册(VPRS 12237),该系列档案由王室土地与测量部(Department of Crown Lands and Survey,VA 538)贝尔斯代尔区办公室编制(详见下文)。
VPRS 13305/P1 原登记编号为VPRS 451/P《1869年土地法申请登记册》中的第83、87单元。VPRS 13305/P2 原登记编号为VPRS 454/P《1869-1878年土地法申请登记册》中的第7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认领选购。早在1865年《土地法》第42条中,便已规定可先申请选购土地再开展测量;在此之前,所有王室土地均需先完成测量方可开放使用。先申请再测量的土地选购规则被纳入1869年法案,其立法目的在于鼓励在对殖民区最具增益的土地上开展定居活动。
根据1869年《土地法》第19条,土地选购申请人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,每位申请人最多可申请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义务要求:申请人需通过修建围栏与住宅、耕作土地、灭杀害虫与有害杂草等方式改良其分配地块。许可期限届满后,申请人可申请七年期租约或直接购买该地块的王室土地产权证。仅当申请人满足改良义务要求时,方可获批产权证或租约。若申请人选择七年期租约,则每年缴纳的租金可用于抵扣土地购买价款。
1869年《土地法》为申请人带来的额外优惠,使得王室土地选购申请数量激增。至1873年,王室土地与测量部(VA 538)在管理申请事宜上遭遇诸多难题,公众投诉量达到历史峰值:投诉内容包括申请处理周期极长、同一地块被批准给多位申请人、回复函件耗时过久等。
当王室土地选购申请被提交至该部后,将被录入申请登记册。1874年占用科成立之前,所有依据1869年《土地法》第19、20条提交的申请,均被录入同一套登记册,不区分申请地块的地理位置——相关登记册详见1869年《土地法》第19、20条申请登记册(VPRS 12026)。申请登记册按字母顺序排列,申请编号按字母表顺序以连续区块形式分配。通常情况下,土地法中可供申请人申请选购土地的不同条款,会分别设立独立的登记册;例如,所有依据1869年《土地法》第19条提交的申请,均录入同一本登记册。而使用频率较低的法律条款,其相关申请通常会被录入同一本地区登记册。
为理顺王室土地管理流程,1874年在助理测量总监H·拜伦·摩尔(H Byron Moore)的推动下,占用科正式成立,负责处理所有与王室土地占用相关的事务。
维多利亚州被划分为15个土地管辖区,分别为:阿拉拉特、巴拉瑞特、比奇沃斯、贝纳拉、卡斯尔梅恩与邓诺利、伊丘卡、吉隆-瓦南布尔与坎珀当、哈密尔顿、霍舍姆、墨尔本、塞尔与贝尔斯代尔、桑德赫斯特(本迪戈)、西摩与圣阿尔诺。每个土地管辖区在墨尔本的占用科均设有区土地办公室作为代表。
各区土地办公室设有双人办公桌,办事员与绘图员可同时办公,各类档案、地图与图纸均放置在随手可取的位置。自王室土地出售伊始至最终处置完成,均由同一批工作人员负责相关业务。区土地办公室的人员配置最初仅为一名办事员与一名绘图员,专门负责对应土地管辖区的事务,他们需熟悉本辖区情况并处理所有相关土地业务。至1877年,各区土地办公室的人员已扩充至区土地官员、租金办事员、绘图员及若干普通办事员。
1874年占用科成立并将全州划分为土地管辖区后,申请登记改为按辖区进行。各区土地办公室自行编制并维护各自的申请登记册系列。1874年之后提交至该部的所有新申请,均录入独立的辖区登记册,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,编号1021/19的申请可同时存在于巴拉瑞特与本迪戈土地管辖区,唯有结合辖区名称与附带的档案编号,方可作为唯一标识符。
申请人需在区测量办公室填写1869年《土地法》第二部分规定的《许可申请表》。多数土地管辖区均设有区测量办公室,区测量员会将申请人的信息录入保存在区测量办公室的申请登记册中,并为每位申请人分配登记编号。该申请编号会被标注在土地选购申请表上,若申请获批,该编号将成为其土地选购档案的编号。区测量员需在申请登记册中录入以下信息: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、路得与平方杆)。随后,申请将被转送至墨尔本占用科对应的区土地办公室,并由该处工作人员依据同一申请编号录入副本登记册。区测量员还需附带提交申请地块的描图。
申请地块的位置会立即被用铅笔绘制在工作规划图上。随后,描图将被送至矿产与供水部(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听证。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,委员会将听取所有针对同一地块的申请人的陈述,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策的清单将被送至墨尔本占用科对应的区土地办公室,决策结果将被录入申请登记册。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推荐意见,对土地选购申请作出最终批准。土地与工程委员会(VA 744)的决策结果也会被录入申请登记册。登记册同时会记录许可发放日期以及该档案后续的所有相关操作。获得地块分配的选购申请人信息,将由墨尔本占用科区土地办公室的绘图员标注在工作规划图上。申请地块的描图将被送至负责对应土地管辖区的王室土地执行官。
占用科成立后,所有1874年前登记的、依据1869年《土地法》提交的申请,均被抄录至与新申请登记册相分离的辖区索引中。这些记录1874年前申请的辖区索引按字母顺序排列,但申请编号并非连续分配。有关1874年前塞尔土地管辖区的申请,请参阅VPRS 12238。
新的申请登记册按土地管辖区以及申请所依据的土地法条款进行编排。例如,所有依据1869年《土地法》第19条提交的巴拉瑞特土地管辖区申请,均录入同一本登记册。使用频率较低的法律条款,其相关申请通常会被录入同一本辖区登记册。
申请登记册管控着土地选购与占用档案。若王室土地选购申请获批,申请编号将成为档案编号。例如,若依据1869年《土地法》第19条提交的选购申请登记编号为324,则该选购或占用档案的编号为324/19。若申请人满足所有条款与条件并最终获得王室土地产权证,则该申请编号将始终作为对应地块的选购档案编号。然而,实际情况中,最初的申请人往往并未最终拥有该土地:众多申请人因违约或放弃许可而丧失土地资格,此时该土地将被重新开放以供选购。新的申请人将被分配新的申请编号并录入申请登记册,原申请人的档案将附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。即便同一申请人再次申请其此前丧失资格的土地,也会被分配新的申请编号,档案也将拥有新的选购档案编号。
若地块是以租约形式持有,租约所有权可进行转让,无需重新开放土地供选购。租约转让由产权办公室(Office of Titles,VA 2888)负责管理,该办公室会向王室土地与测量部(VA 538)发送通知函告知租约转让事宜,该函件将附至选购档案中。租约转让不会被录入申请登记册,而是会被记录在租金名册中,并为受让人创建新的条目。租金名册由占用科的租金办事员管理,租约转让信息也会被标注在选购档案中。由于租约转让无需提交新的申请,因此选购档案编号将保持不变,申请登记册中也不会创建新的条目。
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