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VPRS 13149 Registers of Applications, Geelong, Section 49 Land Act 1869 (Occupation Branch)

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VPRS 13149/P1 Register of Applications, Geelong, Section 49 Land Act 1869 (Occupation Branch) was created by the 'Geelong District Office' at the Occupation Branch of the Department of Crown Lands and Survey (VA 538).VPRS 13149/P1 Unit 2 was previously registered as unit 90 of VPRS 458/P Applications 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 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 49 of the Land Act 1869 were recorded in the same series of registers irrespective of location; see VPRS 13128/P1. 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 49 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 1021/49 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 of applications 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 applicationsThe 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 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. An Index for the Geelong District in not in the custody of PROV as at September 2002.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 49 of the Land Act 1869 for the Ballarat Land District were recorded in the same series of registers. 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 49 of the Land Act 1869 was registered as application number 324 then the selection or occupation file number would be 324/49.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.

VPRS 13149/P1 《吉朗地区申请登记册》(1869年《土地法》第49条 占用分支)由王室土地与测量部(Department of Crown Lands and Survey,档案编号VA 538)的吉朗地区办事处占用科编制。VPRS 13149/P1 第2单元最初以VPRS 458/P 申请登记册第90单元完成登记。 1869年《土地法》的出台,使维多利亚州此前未被占用的全部王室土地对外开放,供申请人选择获取。1865年《土地法》第42条已确立先选后测(selection before survey)制度,即土地可先被申请人选定,再开展测量工作;而在此之前,所有王室土地必须先完成测量,方可对外供应。这一先选后测的条款被纳入1869年《土地法》,该立法的核心目的是鼓励在对殖民地发展最具优势的土地上开展定居开发。 依据1869年《土地法》第49条,选地申请人可申请许可证,以占用并耕种含金(金矿区)土地。该许可证有效期为1年,单块占用土地面积不得超过20英亩,缴纳年度许可证费用后可续期。根据该条款,每名申请人仅可持有1份许可证。 1869年《土地法》为申请人带来的政策利好,导致王室土地占用申请数量激增。至1873年,王室土地与测量部(VA 538)在申请管理工作中遭遇诸多困境,公众投诉量达到历史峰值。投诉内容涵盖申请处理周期过长、同一块地块的申请被批准给多名申请人、回复咨询函件耗时过久等问题。 当王室土地占用申请提交至该部门后,会被登记入申请登记册。1874年占用科成立前,所有依据1869年《土地法》第49条提交的申请,均统一登记在同一序列的登记册中,相关序列可参见VPRS 13128/P1。此类登记册按申请人姓名首字母排序,并为每个字母段分配连续的申请编号。 通常情况下,土地法的每一条款对应的土地申请,均会单独设立申请登记册。例如,所有依据1869年《土地法》第49条提交的申请,均登记在同一本登记册中;而使用频率较低的法律条款对应的申请,则往往统一登记在同一本登记册中。 为优化王室土地管理流程,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,专门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个土地行政区,分别为:阿拉拉特、巴拉瑞特、比奇沃思、贝纳拉、卡斯尔梅恩与邓诺利、伊丘卡、吉朗-瓦南布尔与坎珀当、汉密尔顿、霍舍姆、墨尔本、赛尔与贝恩斯代尔、桑德赫斯特(本迪戈)、西摩和圣阿诺德。每个行政区均由墨尔本占用科下设的地区土地办事处(District Land Office)负责对接。 每个地区土地办事处配备双人办公桌,办事员与绘图员可同时办公,文件、地图与规划图均放置在随手可及的位置。同一批工作人员负责覆盖土地出让从启动到最终处置的全流程业务。地区办事处的初始人员配置仅为1名办事员与1名绘图员,专门负责对应土地行政区的事务,他们需熟悉本辖区情况并处理所有相关土地业务。至1877年,每个地区土地办事处的人员已扩充至:地区官员、租金办事员、绘图员及若干普通办事员。 1874年占用科成立并完成全州土地行政区划分后,申请登记改为按行政区进行分类管理。每个“地区土地办事处”均自行创建并维护独立的申请登记册序列。1874年之后收到的所有新申请,均登记在各自的地区登记册中,申请编号从1开始依次递增。不同行政区可重复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1021/49,唯有结合行政区名称与附带的档案编号,方可作为唯一识别标识。 申请人需在地区测量办事处填写《1869年〈土地法〉第二部分下的许可证申请表》。多数土地行政区均设有地区测量办事处,地区测量员会将申请人信息登记在该办事处留存的申请登记册中,并为每位申请人分配专属申请编号。该申请编号会标注在土地选择申请表上,若申请获批,该编号即成为该土地选择档案的编号。 地区测量员需在申请登记册中记录以下信息:申请编号、申请接收日期、申请人姓名、职业与教区、申请地块编号及面积(英亩、路得、杆)。随后申请表会被转发至墨尔本占用科对应的地区土地办事处,该处会将相同的申请编号登记在副本申请登记册中。地区测量员还需附带申请地块的描图。 申请地块的位置会立即以铅笔标注在工作规划图上。随后描图会被送至矿产与供水部(Department of Mines and Water Supply,档案编号VA 2720),以获取是否存在采矿异议的评估报告。若无采矿异议,申请将提交至地方土地委员会进行审理。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,委员会会听取所有地块申请人的陈述,并决定向哪位申请人授予许可证或租约。 记录地方土地委员会决议的清单会被转发至墨尔本占用科对应的地区土地办事处,并将决议内容登记入申请登记册。 负责管理王室土地的法定机构土地工程委员会(Board of Land and Works,VA 744)会依据地方土地委员会的推荐,对土地选择申请作出最终批准。土地工程委员会(VA 744)的决议会被登记入申请登记册,登记册还会记录许可证签发日期及该档案后续的所有相关动作。获得地块授予的申请人信息,会由墨尔本占用科地区土地办事处的绘图员标注在工作规划图上。地块描图随后会被送至负责对应土地行政区的王室土地执行官。 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,会被抄录至与新申请登记册分离的地区索引(District Indexes)中。这些记录1874年之前申请的地区索引按申请人姓名首字母排序,但申请编号并非连续排列。截至2002年9月,吉朗行政区的此类索引并未由维多利亚公共档案馆(Public Record Office Victoria,简称PROV)收藏。 新的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,所有依据1869年《土地法》第49条提交的巴拉瑞特土地行政区的申请,均登记在同一序列的登记册中;而使用频率较低的法律条款对应的申请,往往统一登记在同一本地区登记册中。 申请登记册管控着土地选择与占用档案。若王室土地占用申请获批,该申请编号即成为该档案的唯一编号。例如,若依据1869年《土地法》第49条提交的土地选择申请被登记为申请编号324,则该土地选择或占用档案编号即为324/49。 若申请人满足全部条款与条件并最终获得王室土地授予状,该申请编号将始终作为对应地块的选择档案编号。但多数情况下,最初的申请人最终并未拥有该土地,许多申请人会丧失或放弃其许可证。若出现此类情况,该土地会重新对外开放以供选择。新的申请人会被分配新的申请编号并登记入申请登记册,原申请人的档案会被附至新申请人的档案中。新档案编号会在登记册中原申请人的条目旁进行注释。 即便同一申请人就此前已丧失的土地再次申请许可证,仍会被分配新的申请编号,该档案也会拥有新的土地选择档案编号。
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