VPRS 13164 Register of Applications, Melbourne, Section 49 Land Act 1869 (Melbourne District Survey Office)

VPRS 13164 Register of Applications, Melbourne, section 49 Land Act 1869 (Melbourne District Survey Office) was created by the District Survey Office at Melbourne. It is duplicated by Register of Applications, Melbourne, section 49 Land Act 1869 (Occupation Branch) (VPRS 13163) which is the register created by the 'Melbourne District Office' at the Occupation Branch.VPRS 13164 was previously registered as unit 55 of VPRS 451 Application 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. 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. See VPRS xxxxx for the Index for the Melbourne Land District.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 13164《墨尔本申请登记册》（《1869年土地法》第49条，墨尔本地区测量办公室（District Survey Office））由墨尔本地区测量办公室编制。该登记册另有副本：《墨尔本申请登记册》（《1869年土地法》第49条，职业科（Occupation Branch））（VPRS 13163），该副本由墨尔本地区办公室在职业科下设制。VPRS 13164最初曾被登记为VPRS 451申请登记册系列的第55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用于选地。此前，1865年《土地法》第42条已规定可先选地后测量——在此之前，所有王室土地需先完成测量方可开放使用。先测量后选地的条款被纳入1869年法案，该立法的目的是鼓励在对殖民地最具优势的土地上定居。

根据1869年《土地法》第49条，选地者可申请许可证，占用并耕种含金（金矿田）土地。许可证有效期为1年，占用土地面积不得超过20英亩，缴纳许可证费后可每年续期。根据该条款，一名选地者最多只能持有一份许可证。

1869年《土地法》为选地者带来的额外利好，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（VA 538）在管理申请事务时面临诸多问题，公众投诉达到顶峰。投诉内容包括申请处理周期极长、同一地块的申请被多人获批、回复函件耗时过久等。

当选地申请被该部门接收后，会被登记入申请登记册。1874年职业科成立之前，所有依据1869年《土地法》第49条提交的申请，均被统一登记在同一套登记册中（详见VPRS 13128）。此类申请登记册按字母顺序编排，申请编号按字母表顺序分段连续分配。

通常情况下，土地法中可供个人申请选地的不同条款，会对应设立独立的申请登记册。例如，所有依据1869年《土地法》第49条提交的申请，均登记在同一套登记册中；而使用频率较低的法案条款，其申请往往也被统一登记在同一登记册内。

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，职业科正式成立，负责处理所有与王室土地占用相关的事务。

当时的维多利亚州被划分为15个土地辖区，分别为：阿拉拉特（Ararat）、巴拉腊特（Ballarat）、比奇沃思（Beechworth）、贝纳拉（Benalla）、卡斯尔梅恩与邓诺利（Castlemaine and Dunolly）、伊丘卡（Echuca）、吉隆-沃南布尔与坎珀当（Geelong Warrnambool and Camperdown）、汉密尔顿（Hamilton）、霍舍姆（Horsham）、墨尔本（Melbourne）、塞尔与拜恩斯代尔（Sale and Bairnsdale）、桑德赫斯特（本迪戈，Sandhurst (Bendigo)）、西摩（Seymour）与圣阿诺德（St Arnaud）。每个辖区在墨尔本的职业科下设“地区土地办公室”作为驻点机构。

每个地区土地办公室配备一张双人桌/工作台，供办事员与绘图员共同办公，文件、地图与规划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出售的“从立项到处置”全流程事务。地区办公室的人员配置最初仅为一名办事员与一名绘图员，专门负责对应土地辖区的事务——他们需熟悉本辖区情况，处理所有相关土地业务。至1877年，每个地区土地办公室的编制已扩充至：地区官员、租金办事员、绘图员及多名普通办事员。

1874年职业科成立并将全州划分为土地辖区后，申请按辖区进行登记。每个“地区土地办公室”自行创建并维护其专属的申请登记册系列。1874年之后收到的所有新申请，均在各辖区专属登记册中以从1号开始的顺序分配编号。不同辖区可重复使用相同的申请编号，例如巴拉腊特与本迪戈土地辖区均可存在申请编号1021/49，唯有结合辖区名称与附带的档案编号，才能构成唯一标识符。

申请人需在地区测量办公室填写《1869年土地法第二部分项下许可证申请表》。大多数土地辖区均设有地区测量办公室，地区测量员会将申请人信息登记在该办公室留存的申请登记册中，并为每位申请人分配申请编号。该编号会被标注在选地申请表上，若申请获批，该编号即成为该土地选地档案的编号。

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、申请地块编号与面积（英亩、路得、杆）。随后，申请表会被转交至墨尔本职业科下的对应地区土地办公室，并在该办公室的副本申请登记册中以相同的申请编号进行登记。地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在工作规划图上。随后，描图会被送至矿产与供水部（VA 2720），请求出具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）代表组成，委员会会听取所有地块申请人的陈述，并决定向谁颁发许可证或租约。记录地方土地委员会决议的清单会被转交至墨尔本职业科下的对应地区土地办公室，决议内容会被登记入申请登记册。

负责王室土地管理的法定机构土地与工程委员会（VA 744）会依据地方土地委员会的建议，对土地选地申请作出最终批准。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证颁发日期及该档案后续的所有相关操作。获得地块分配的选地者信息，会由职业科地区土地办公室的绘图员标注在工作规划图上。申请地块的描图随后会被送至负责对应土地辖区的王室土地执行官。

职业科成立后，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开的辖区索引中。此类记录1874年前申请的辖区索引按字母顺序编排，但申请编号并非连续分配。墨尔本土地辖区的索引详见VPRS xxxxx。

新的申请登记册按土地辖区与申请所依据的土地法条款分类编排。例如，所有依据1869年《土地法》第49条提交的、属于巴拉腊特土地辖区的申请，均登记在同一套登记册系列中；使用频率较低的法案条款，其申请往往也被统一登记在同一辖区登记册内。

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，申请编号即成为该档案的编号。例如，若依据1869年《土地法》第49条提交的选地申请被登记为编号324，则该选地或占用档案的编号为324/49。

若选地者满足所有条款与条件并最终获得王室地契，则该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，最初的选地者最终未必能拥有该土地——许多选地者会被没收许可证或放弃许可。若出现此种情况，该土地会被重新开放用于选地，新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选地者的档案中，新档案编号会被标注在原申请人的登记条目旁。即便同一选地者就此前被没收的土地再次申请许可证，也会被分配新的申请编号，其档案也将拥有新的选地档案编号。