VPRS 12050 Register of Applications, Omeo, Sections 19 and 20 Land Act 1869 (Occupation Branch)
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VPRS 12050 Register of Applications, Omeo, sections 19 & 20 Land Act 1869 (Occupation Branch) was created by the Omeo District Office at the Occupation Branch of the Department of Crown District Survey (VA 538). (See description below)VPRS 12050 /P1 was previously registered as unit 62 of VPRS 451 Application Registers.VPRS 12050 /P2 was previously registered as Unit 2 of VPRS 454 /P Applications 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 applications 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. As at August 1999, an index for the Omeo Land District is not in PROV custody.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 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 application 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 12050《1869年土地法第19、20条(占用分支)申请登记册》(奥米奥辖区)由王室地区测量部(Department of Crown District Survey,VA 538)占用分支的奥米奥地区办事处编制。(详见下文说明)VPRS 12050/P1此前以VPRS 451申请登记册第62单元的名称完成登记。VPRS 12050/P2此前以VPRS 454/P申请登记册(1869-1878年土地法)第2单元的名称完成登记。
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开放以供选地。1865年《土地法》第42条规定了勘测前选地的相关条款,在此之前,所有王室土地在开放供使用前均需完成勘测。勘测前免费选地的条款被纳入1869年《土地法》,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,每位选地人最多可申请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,押金将予以退还。该法第20条对三年期许可设置了义务要求:选地人需通过搭建围栏与住宅、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。许可期限届满后,选地人可申请为期七年的租赁权,或申请王室授予土地所有权以购买其分配地块。只有在满足改良条件的情况下,土地授予或租赁申请才会获批。若选地人选择七年期租赁,则每年租金可用于抵扣土地购买价款。
1869年《土地法》为选地人带来的额外优惠,使得王室土地选地申请数量激增。至1873年,王室土地与测量部(Department of Crown Lands and Survey,VA 538)在管理申请时遭遇诸多难题,公众投诉量达到历史峰值。投诉内容包括申请审批周期过长、同一地块被批准给多位申请人,以及回复申请相关函件的周期漫长。
当王室土地选地申请被该部接收后,将被录入申请登记册。在1874年占用分支成立之前,所有依据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序列——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分块连续分配。
通常会依据《土地法》中可供个人申请选地的各条款分别设立登记册。例如,所有依据1869年《土地法》第19条提交的申请均被录入同一登记册。较为小众的法案条款相关申请,通常会被录入同一本登记册。
为合理化该部对王室土地的管理方式,王室地区测量部助理测量总监H·拜伦·摩尔(H Byron Moore)于1874年推动成立了占用分支,专门处理与王室土地占用相关的全部事务。
该州被划分为15个土地辖区,分别为:阿拉拉特、巴拉瑞特、比奇沃思、贝纳拉、卡斯尔梅因与达诺利、伊丘卡、吉隆、瓦南布尔与坎珀当、汉密尔顿、霍舍姆、墨尔本、塞尔与贝恩斯代尔、桑德赫斯特(本迪戈)、西摩与圣阿诺德。每个辖区均通过设于墨尔本占用分支的地区土地办事处作为代表。
每个地区土地办事处设有双人工作台,供办事员与绘图员共同办公。各类档案、地图与图纸均放置在随手可取的位置。同一批工作人员全程负责王室土地从出让到处置的全部流程。地区办事处的核心人员为办事员与绘图员,专门负责对应土地辖区的事务,其职责包括熟悉辖区情况并处理与之相关的全部土地业务。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年占用分支成立且全州划分为土地辖区后,申请按辖区进行登记。每个地区土地办事处均创建并维护各自的申请登记册序列。1874年后该部接收的所有新申请,均录入单独的辖区登记册,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,例如巴拉瑞特与本迪戈土地辖区均可能存在申请编号1021/19,唯有辖区名称搭配附带的文件编号才能构成唯一标识符。
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申请表》。多数土地辖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录入保存在办事处的申请登记册,并为每位申请人分配登记编号。申请编号会被标注在选地申请表上,若申请获批,该编号将成为其土地选地档案编号。
地区测量员会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)。随后申请会被转送至墨尔本占用分支对应的地区土地办事处,并在该办事处的申请副本登记册中以相同申请编号进行录入。地区测量员还会一并转交所申请地块的测绘描图。
所申请地块的位置会被立即用铅笔标注在工作平面图上。随后测绘描图会被送至矿产与供水部(Department of Mines and Water Supply,VA 2720),以获取是否存在矿业异议的报告。若无矿业异议,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(Department of Crown Lands and Survey,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发放许可或租赁权。记录地方土地委员会决议的清单会被转送至墨尔本占用分支对应的地区土地办事处,并将决议录入申请登记册。
负责王室土地管理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,对土地选地申请作出最终批复。土地工程委员会(VA 744)的决议会被录入申请登记册,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。获得地块分配的选地人信息会由墨尔本占用分支的地区土地办事处绘图员标注在工作平面图上。地块测绘描图随后会被送至负责对应土地辖区的王室土地执行官。
占用分支成立后,1874年前已登记的1869年《土地法》相关申请会被抄录至地区索引,该索引与为新申请创建的登记册相互独立。这些记录1874年前申请的地区索引按字母顺序排列,但申请编号并非连续。截至1999年8月,维多利亚公共记录办公室(Public Record Office Victoria,PROV)未持有奥米奥土地辖区的索引档案。
申请登记册按土地辖区以及申请所依据的《土地法》条款进行分类编排。例如,巴拉瑞特土地辖区内所有依据1869年《土地法》第19条提交的申请均被录入同一登记册。较为小众的法案条款相关申请,通常会被录入同一本辖区登记册。
申请登记册管控选地与占用档案。若王室土地选地申请获批,申请编号将成为档案编号。例如,若依据1869年《土地法》第19条提交的选地申请的登记编号为324,则该选地或占用档案编号即为324/19。
若所有条款均得到满足且最终获得王室土地授予,申请编号将始终作为对应地块的选地档案编号。但通常情况下,初始选地人最终未必能拥有该土地,许多选地人会因违约或放弃许可而丧失资格。此时该土地将重新开放供选地,新申请人将以新的申请编号进行登记,原申请人的档案会被附至新选地人的档案中。申请登记册中原申请人的条目下方会标注新的档案编号。
即便同一选地人就其此前丧失资格的土地再次申请许可,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。
若地块以租赁形式持有,租赁权可进行转让,无需将土地重新开放供选地。租赁权转让事务由产权办事处(Office of Titles,VA 2888)负责,该办事处会向王室土地与测量部(Department of Crown Lands and Survey,VA 538)发送租赁权转让通知函,并将该函件附至选地档案中。转让信息不会被录入申请登记册。
租赁权转让信息会被录入租金名册,并为受让人创建新条目。租金名册由占用分支的租金办事员管理,转让信息同时也会被记录在选地档案中。租赁权转让无需提交新申请,因此选地档案编号将保持不变,因为申请登记册中不会新增相关条目。
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Public Record Office Victoria



