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VPRS 12058 Index to Applications, Stawell, Sections 19 and 20 Land Act 1869 (Occupation Branch)

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VPRS 12058 Index to Applications, Stawell, sections 19 & 20 Land Act 1869 (Occupation Branch) is the index created by the Stawell District Land Office at the Occupation Branch of the Department of Crown Lands and Survey (VA 538) in Melbourne. It was created to give the Occupation Branch officers responsible for the Stawell District access to applications and selection files in VPRS 625, which were created prior to the establishment of the Occupation Branch in 1874.VPRS 12058 was previously registered as unit 54 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 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 VPRS 12026. The contents of registers of applications were arranged alphabetically by name of applicant 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 creation of the Occupation Branch, applications made under the Land Act 1869 that had been registered prior to 1874 (see VPRS 12026) were copied into Indexes. An Index was created for each Land District so the clerks of each new District Land Office in the Occupation Branch could readily access the details of applications which had previously been registered in VPRS 12026 and the selection files now found in VPRS 625.These District Indexes that recorded pre 1874 applications are arranged alphabetically and the application numbers are not consecutive. VPRS 12058 Index to Applications Stawell, sections 19 & 20 Land Act 1869 (Occupation Branch) is the Index created for applications made prior to 1874 in the Stawell District.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. As at August 1999, a district register of applications for Stawell is not in PROV custody.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 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 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.From 1874 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 12058 1869年土地法第19、20条(占用管理科)斯托尔地区申请索引》,系墨尔本皇家土地与测量局(Department of Crown Lands and Survey,VA 538)占用管理科下属斯托尔地区土地办事处编制的索引档案。该索引的编制目的,在于方便负责斯托尔地区的占用管理科工作人员,调取查阅VPRS 625归档的、1874年占用管理科成立前形成的土地申请与选地档案。VPRS 12058最初曾登记为VPRS 451《申请登记簿》系列的第54号单元。 1869年土地法的出台,将维多利亚州此前未被占用的全部皇家土地开放用于选地。早在1865年土地法第42条中,便已确立“勘测前自由选地”条款——在此之前,所有皇家土地均需完成官方勘测后方可对外出让。“勘测前自由选地”的相关规定被纳入1869年土地法,该立法的核心目标是鼓励在对殖民地经济价值最高的土地上开展定居开发。 根据1869年土地法第19条,选地申请人可申请为期三年的皇家土地占用许可,租金标准为每英亩2先令,单申请人最大申请面积不得超过320英亩。申请人需预缴半年租金作为申请押金,若申请被驳回,押金将全额退还。该法第20条则对三年期许可附加了明确义务: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完成地块改良。许可期限届满后,申请人可申请七年期租赁协议,或以购置方式获取皇家土地授予权。唯有满足地块改良条件的申请,方可获批授予权或租赁协议。若申请人选择七年期租赁,每年缴纳的租金可用于抵扣土地购置款项。 1869年土地法为申请人提供的优惠政策,催生了规模空前的皇家土地选地申请热潮。至1873年,皇家土地与测量局(VA 538)在申请管理工作中遭遇诸多困境,公众投诉达到峰值:投诉涵盖申请审批周期过长、同一地块被重复批准给多名申请人、以及官方回复函件严重滞后等问题。 当皇家土地选地申请提交至该局后,会被统一登记至申请登记簿。在1874年占用管理科成立之前,所有依据1869年土地法第19、20条提交的申请,均统一登记在同一套登记簿中(即VPRS 12026)。该登记簿按申请人姓名的字母顺序排序,并为字母表中每个字母对应的申请人分配连续的申请编号。 通常而言,土地法中不同的申请条款会对应独立的申请登记簿——例如,所有依据1869年土地法第19条提交的申请,均登记在同一本登记簿内;而适用范围较窄的条款申请,则往往合并登记在同一地区登记簿中。 为优化皇家土地管理流程,1874年在助理测量总监H·拜伦·摩尔(H Byron Moore)的推动下,占用管理科正式成立,全权负责处理所有与皇家土地占用相关的事务。当时维多利亚州被划分为15个土地管理地区,分别为:阿拉拉特、巴拉瑞特、比奇沃斯、贝纳拉、卡斯尔梅恩与邓诺利、伊丘卡、吉隆-沃南布尔与坎珀当、哈密尔顿、霍舍姆、墨尔本、赛尔与贝恩斯代尔、桑德赫斯特(本迪戈)、西摩与圣阿诺德。每个土地地区均由驻墨尔本占用管理科的地区土地办事处负责对接业务。 每个地区土地办事处配备双人办公台,办事员与绘图员协同办公,档案、地图与规划图等资料均放置在随手可取的位置。从皇家土地出让到最终处置的全流程,均由同一批工作人员负责。早期地区办事处的人员配置仅为一名办事员与一名绘图员,专门负责对应土地地区的业务,他们需熟悉本地区情况并处理所有相关土地事务。至1877年,每个地区土地办事处的编制已扩充至地区官员、租金办事员、绘图员及若干普通办事员。 占用管理科成立后,1874年之前登记的、依据1869年土地法提交的申请(即VPRS 12026中的档案)被转录至各类地区索引中。占用管理科为每个土地地区均编制了专属索引,以便各地区土地办事处的工作人员能够快速查阅此前登记在VPRS 12026中的申请详情,以及现存放于VPRS 625中的选地档案。这些记录1874年前申请的地区索引,均按字母顺序排序,且申请编号并非连续编排。《VPRS 12058 1869年土地法第19、20条(占用管理科)斯托尔地区申请索引》,正是为斯托尔地区1874年前提交的申请编制的专属索引。 1874年占用管理科成立并将全州划分为土地管理地区后,土地申请按地区进行分类登记。每个地区土地办事处均创建并维护各自的申请登记簿系列。1874年后收到的所有新申请,均登记在独立的地区登记簿中,申请编号从1开始依次编排。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出现申请编号1021/19,唯有地区名称搭配附带的档案编号,才能构成唯一标识符。截至1999年8月,维多利亚州档案馆(Public Record Office Victoria,PROV)并未收藏斯托尔地区的申请地区登记簿。 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》。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信息登记在办事处留存的申请登记簿中,并为每位申请人分配一个登记簿编号。该申请编号会被标注在选地申请表上,若申请获批,则该编号将成为其土地选地档案的编号。 地区测量员需在申请登记簿中登记以下信息: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、罗得、平方杆)。随后,申请会被转交至墨尔本占用管理科对应的地区土地办事处,并由该处工作人员以相同的申请编号,登记在副本申请登记簿中。同时,地区测量员还需转交申请地块的现状描图。 申请地块的位置会立即被用铅笔标注在工作规划图上。随后,描图会被送至矿业与供水局(Department of Mines and Water Supply,VA 2720),以获取是否存在矿业异议的专业报告。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皇家土地与测量局(VA 538)的代表组成,委员会会听取所有针对同一地块的申请人陈述,并裁定许可或租赁的授予对象。记录当地土地委员会决议的清单会被转交至墨尔本占用管理科对应的地区土地办事处,决议内容会被登记至申请登记簿中。 负责皇家土地管理的法定机构土地与工程委员会(Board of Land and Works,VA 744)会依据当地土地委员会的建议,对土地选地申请作出最终批准。土地与工程委员会(VA 744)的决议同样会被登记至申请登记簿中。登记簿还会记录许可签发日期以及该档案后续的所有相关操作。获得地块分配的申请人信息,会由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该土地地区的皇家土地执行官手中。 1874年起,申请登记簿按土地地区与申请所依据的土地法条款进行分类编排。例如,所有巴拉瑞特土地地区依据1869年土地法第19条提交的申请,均登记在同一本登记簿中;适用范围较窄的条款申请,则往往合并登记在同一地区登记簿内。 申请登记簿管控着全部选地与占用档案。若选地申请获批,申请编号将成为对应档案的唯一编号。例如,若依据1869年土地法第19条提交的选地申请登记为编号324,则其选地或占用档案编号为324/19。 若申请人满足所有条款与条件并最终获得皇家土地授予权,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,最初的申请人未必能最终拥有土地:许多申请人会因违约或放弃许可而丧失地块资格,此时该土地会被重新开放以供选地。新申请人需使用新的申请编号进行登记,原申请人的档案会被附加至新申请人的档案中。登记簿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的地块,也需分配新的申请编号,并获得新的选地档案编号。 若地块以租赁方式持有,则租赁所有权可转让,无需重新开放土地进行选地。租赁转让由产权办事处(Office of Titles,VA 2888)管理,该办事处会向皇家土地与测量局(VA 538)发送租赁转让通知函,该函件会被附加至选地档案中。租赁转让不会被登记至申请登记簿中,但会被记录在租金登记簿中,并为受让人创建新的条目。租金登记簿由占用管理科的租金办事员管理,租赁转让信息也会被记录在选地档案中。租赁转让无需提交新的申请,因此选地档案编号将保持不变,申请登记簿中也不会创建新的条目。
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