VPRS 13239 Register of Lessees, Ballarat and Melbourne, Section 33 Land Act 1869

Section 33 of the Land Act 1869 made provision for those who had been lessees under the first subdivision of the second Part of the Amending Land Act of 1865. This subdivision of the 1865 Act repealed Sections 12 to 37 of the Land Act 1862 under which selectors could directly purchase half of an allotment and lease the other half making deferred payments of two shillings and sixpence per acre per annum for eight years. The selector had, within twelve months of the date of selection, to have fenced the selection, erected a dwelling upon it and cultivated one-tenth of the area. It had been found, within a few months, that little legitimate settlement followed.The Amending Land Act 1865, under Section 7, extended the time for purchase for those who had entitlements under the Land Act 1862. Section 12 set the principle that agricultural land was to be first acquired under lease with conditions that a payment of two shillings per acre was to be made for three years, that improvements to the value of twenty shillings per acre were to be made within two years of the commencement of the lease and that if these conditions had been met, the lessee could purchase the land for one pound per acre at the expiry of three years.Under Section 33 of the Land Act 1869, these leaseholders were given a choice, after they had obtained a certificate from the Board of Land and Works (VA 744) stating that the leaseholder had complied with the conditions with respect to improvements. The Board was prepared to issue certificates for all those who had substantially complied with the requirements. The leaseholder, three years after the commencement of the lease, could then immediately obtain a Crown grant on the payment of one pound per acre. The other option for the leaseholder was to surrender the existing lease for a new seven year lease for a payment of two shillings per acre per annum for seven years. At any time or at the completion of the seven years, a Crown grant could be obtained by paying the difference between the rent already paid and the sum of one pound per acre.Leaseholders forwarded an application to the Board stating whether they chose an immediate Crown grant or a new lease. This application also showed the amounts of rent already paid by the lessee under the Amending Land Act 1865. These applications were registered in roughly chronological order and given a sequential number which became the file number. This register was then indexed by name and allocated number. At the same time, the original lease was surrendered and filed with the application and the Board of Land and Works certification regarding improvements. For those who had chosen an immediate Crown grant arrangements were then made for the issue of the grant (see VPRS 11864 Register of Crown Grants).A separate Register was then created for those who had chosen to bring their leases under the provisions of Section 33 Land Act 1869 with details of the original selection of the land and the finalisation of the Crown grant. These details may be seen in VPRS 13117/P1 Register of Leases Brought Under the Provisions of Section 31 and Section 33, Land Act 1869. Leases also had to be approved by the Governor-in-Council. Once this approval had been obtained, the lease was registered in VPRS 11871/P1 Register of Leases granted Under Land Acts 1869, 1878, 1880.For the recording of the progressive payment of rents, Registers of Lessees were created. Initially, these were based on the location of the offices of the Receivers of Revenue (a departmental officer or another designated Crown officer such as a Clerk of Courts). Lessees would pay rent to the local Receiver of Revenue convenient to their location, returns of payments would be forwarded to the office of the Department of Crown Lands and Survey in Melbourne where they would be recorded in the appropriate register. With the formation of the Occupation Branch and the conduct of business according to the District Survey Offices established, these registers were then allocated to a specific District Survey Office within the Occupation Branch. Records within these registers may be for properties which, after 1874, were located in parishes which had been allocated to different District Survey Offices.Details provided in these Registers of Lessees include those of leases commencing prior to the Land Act 1869. The date of the lease is given as are the name of the lessee, the parish in which the land was located and the location by allotment of the land and its extent as well as the amount of rental already paid. Progressively entered were the details of rent paid in the years subsequent to the issue of the lease and summary details of any arrears of rent, transfers of the lease and the eventual purchase of the land during the course of the lease or at its expiration.The volume in this series records payments made to a receiver of Revenue for land in parishes subsequently administered by the District Survey Offices at Ballarat and Melbourne.VPRS 13239/P was previously registered as Unit 3 of VPRS 1312/P Register of Lessees, Land Act 1869 Section 33.

1869年《土地法》（Land Act 1869）第33条为1865年《土地修订法》（Amending Land Act 1865）第二编第一分编项下的原承租人作出了专项规定。1865年该法的该分编废除了1862年《土地法》（Land Act 1862）第12至37条；根据前述1862年法的条款，土地选划者（selector）可直接购得一块地块的一半，并租赁另一半，且需在8年内按每英亩每年2先令6便士的标准分期递延支付款项。土地选划者须在选划之日起12个月内完成选划地块的围栏搭建、在地块上建造住宅，并开垦十分之一的地块面积。但在实施数月后发现，鲜有合法的定居活动跟进。1865年《土地修订法》第7条为依据1862年《土地法》享有权利的主体延长了购地时限。第12条确立了如下原则：农业用地应优先通过租赁方式取得，租赁需满足以下条件：每英亩每年支付2先令租金，租赁启动后2年内需完成价值达每英亩20先令的土地改良；若满足上述条件，承租人可在3年租赁期满后以每英亩1英镑的价格购得该土地。根据1869年《土地法》第33条，这些承租人在取得土地工程委员会（Board of Land and Works，档案编号VA 744）出具的证明，证明承租人已符合土地改良相关要求后，可享有两种选择。委员会倾向于为所有实质符合要求的主体出具证明。租赁启动满3年后，承租人可即刻通过支付每英亩1英镑的款项取得王室授地证（Crown grant）。承租人的另一选项为：交还现有租赁协议，换取一份新的7年期租赁协议，按每英亩每年2先令的标准支付7年租金。在租赁期内任意时点或7年期满后，承租人可通过补足已付租金与每英亩1英镑总额之间的差额，取得王室授地证。承租人须向委员会提交申请，表明其选择即刻取得王室授地证还是续签新租赁协议。该申请还需载明承租人依据1865年《土地修订法》已支付的租金总额。此类申请大致按时间顺序登记，并被赋予序列编号，即档案编号。该登记册随后按姓名编制索引，并分配对应编号。与此同时，原租赁协议将被交还，与申请文件及土地工程委员会出具的土地改良证明一同归档。对于选择即刻取得王室授地证的主体，相关部门将启动授证流程（详见VPRS 11864 王室授地证登记册）。另一套单独的登记册则为选择依据1869年《土地法》第33条调整租赁条款的主体设立，登记内容涵盖原土地选划信息及王室授地证的最终办理情况。此类详情可查阅VPRS 13117/P1 《依据1869年〈土地法〉第31及第33条调整的租赁登记册》。租赁协议还须经枢密院总督（Governor-in-Council）批准。取得该批准后，租赁协议将登记入VPRS 11871/P1 《依据1869、1878、1880年土地法核发的租赁登记册》。为记录租金的分期缴纳情况，相关部门设立了承租人登记册。此类登记册最初依据税收专员（Receiver of Revenue）办公室的区位进行分类——税收专员为部门官员或其他指定王室官员，例如法院书记员。承租人需向所在地就近的税收专员缴纳租金，缴款回执将被送至墨尔本的王室土地与测量部（Department of Crown Lands and Survey）办公室，在对应的登记册中完成记录。随着占用事务分支（Occupation Branch）的设立，以及业务按设立的地区测量办公室开展，此类登记册被分配至占用事务分支下的特定地区测量办公室。该类登记册中的记录可能涉及1874年后位于已划归不同地区测量办公室的教区内的地块。此类承租人登记册所载详情，还包括1869年《土地法》实施前启动的租赁协议相关信息。登记内容包括租赁日期、承租人姓名、土地所在教区、地块的分划位置与面积，以及已付租金总额。后续逐年录入的信息包括租赁启动后各年度缴纳的租金详情、租金欠款的汇总信息、租赁协议的转让情况，以及租赁期内或期满时最终购地的相关详情。本系列档案卷记录了向税收专员缴纳的、原由巴拉腊特及墨尔本地区测量办公室后续管理的教区内土地的相关租金支付情况。VPRS 13239/P 原登记为VPRS 1312/P 《1869年〈土地法〉第33条承租人登记册》第3单元。