VPRS 15589 Reports of Land Sales by Auction, Warrnambool District
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After an auction sale of Crown lands a number of copies of reports were prepared including these kept by the local Land Officer responsible for conducting sales in a particular geographic area. Across a double folio was written the place and date of the sale, by whom it was conducted and, from 1860, the sale number. In some volumes, copies of the advertising sheet for the sale may have been included. Details given were the lot, the location and area of the land, the areas sold and unsold and, if the latter, the reason which was most often because the lot was withdrawn or no offer was made. The amounts of the upset price (the minimum acceptable) and the valuation were given with the price per acre at which the lot was sold. The name and address of the purchaser were given with the amounts of the deposit and the balance and the date upon which the balance was paid. In later Report Books some of these details may change and may include the numbers of the relevant plan and any relevant correspondence. Details of the value ascribed to improvements made by a lessee or licensee may also be included. Some Report Books may also include details of Closer Settlement and other lands able to be sold by tender or by private treaty.Report Books, particularly those for the twentieth century may cover very extensive geographic areas. Those for adjacent areas may overlap in the locations of sales. As well, sales of land at small places may have taken place at a central, larger location.Land Sales were conducted in Victoria in accordance with the directions specified by various Land Acts and Regulations. From the 1842 Statute at Large (Vol. XXXIV), the Waste Lands Act, through to the Land Act 1869 (Act No. 360), Land Sale by Public Auction was the primary method of land alienation within the Colony of Victoria (or the Port Phillip District, as it was previously known). Lands were initially divided into three districts and classes. These districts were settled districts, intermediate districts and unsettled districts. First and second class lands were primarily located within the settled and intermediate districts, whilst third class lands tended to be within the unsettled districts.The Colonial Government wanted to encourage settlers to occupy and work the land in the unsettled districts, and it was argued that Land Sales by Public Auction were not achieving this goal. A series of Land Acts, beginning with the 1860 Land Act (Act No. 117), followed in order to encourage people to settle and work the land in unsettled districts. Auctions of Crown Land continued to occur after the 1869 Land Act, although at a much slower rate, and legislation governing Auctions has continued to be incorporated in Victorian Land Acts.The responsibility for Land Sales was handled by the Chief Clerk as head of the Land Sales and Selection Branch until the restructuring of the Department of Crown Land and Survey created the Occupation Branch in the 1870's. This restructuring included the division of Victoria into a number of Lands Districts. Each Land District had a local Land Office, as well as a centralised Land Office located within the Melbourne Office. Each centralised Land Office consisted of a desk with a clerk and a draughtsman dedicated to a particular Lands District. The local Land Office and the centralised Land Office communicated with each other regularly in order to ensure that the details regarding the alienation of land were accurate and to ensure accountability and consistency. This meant that two Land Sales registers were compiled of Land Sales for any specific area, one by the local Land Office and one by the centralised Land Office. Keeping two registers was a measure intended to ensure the integrity of the records created by Lands Office by making intentional fraud more difficult for an individual to achieve, and so that the amount paid for lands could be checked to ensure that the correct amount had been recorded.Land Sales of Crown Land were important means of obtaining revenue for the Government during the first few decades of the Colony. The 1842 Waste Land Act specified that the revenue raised through Land Sales would go towards immigration schemes to encourage prospective settlers. The Chief Clerk prepared schedules containing the details of available lands based on reports from the local officers and district surveyors, and communications with the Surveyor General and others within the Department. Information in the Schedules included descriptions of the land, their situation, and their quality. These schedules went before the Board of Land and Works for consideration until the 1869 Land Act increased demand for land to such a degree that this was no longer possible.The Land Sales process followed depended on the type of land being sold - that is, whether they were town lands, auriferous (i.e gold bearing) lands, or country lands. This process would begin with an application for a specific section of land, detailing the allotment, section, and description of the land desired (see VPRS 1258 Inward Correspondence). For Town Lots, a person would come into the Melbourne Office and fill in an application form. Those seeking auriferous lands would make an application to the district surveyor. People wanting country lands would send in a letter containing the information needed for the application, or use an agent. Applications would be registered, and sent to the district surveyor to check for possible objections to the particular land specified being available for sale. If there were no objections recorded by the district surveyor, a schedule containing descriptions of the land available for sale would be drawn up. For auriferous and country lands, the district surveyor's schedule would include valuations for improvements, such as boundary fences, and upset prices (see VPRS 919 Certificate of Valuation of Improvements (Crown Land). The price of the land would need to include the value of the improvements so that those who constructed the improvements could be properly compensated for their investment. Once schedules containing auriferous lands were received by the Melbourne Office, plans of the land included in the schedule would be drafted, coloured off, and sent to the Mines Department. If there was an objection to the sale of the land by the Mines Department, the land would be struck off the schedule. If there were no objections, the land would be included in the next land sale gazetted to be held in that district. The land would be placed in the schedule to be approved by the Minister for Lands, and this schedule would then be brought before the Governor-In-Council. If there was a prohibition against the sale of Country Lands in place, the sale could only proceed with special sanction by the Minister. A notice concerning the land would then be placed in the Government Gazette and various newspapers (see VPRS 11869 Notices of Land Sale by Public Auction). Between one to three months after the sale was gazetted, the land would be sold at the Auction Rooms. A deposit was to be paid at the Auction Rooms, with the remainder to be paid within a calendar month of the dale of saleOnce the land had been surveyed and designated as being available for Public Auction, a notice was posted in the Government Gazette. This occurred between one to three months before the date of a sale. The notice contained the Sale Number (a sequential number from 1860), details of the date, time and location of the sale, the location and description of the land to be sold, the lot it was to be sold in, the upset price, and the deposit required. Auctioneers prepared an Auctioneers Report for the Department of Crown Land and Survey (and the Board of Land and Works) to inform them of which land was sold, to whom, for what price and what deposit (see VPRS 80 Auctioneers Reports of Land Sales by Public Auction). This information was transferred to registers in both the Land Sales office and the office in the Land District where the land was located. Land sales held in specific districts were conducted by authorised officers of the Lands Department. Financial records tracked the transfer of monies owed until the sale was finalised.A report that all lands had been paid for was signed by the receiver of monies and paymaster of the Department of Lands. The Treasurer and Under-Treasurer signed a report that they had received the money. The printed reports or sale books were then sent to the Deeds Branch in order for the Deeds to be prepared. The details would be recorded in a register at the Deeds Branch, and then the sale information would be passed to the Surveyor General's Branch in order to obtain the technical description of the lands before the information was returned to the Deeds Branch. The engrossment would be finalised, the information examined and checked, and then the sale information would be passed to the Chief Draughtsman's branch so that plans could be drawn in the margin of the Grant and the Deed. These were passed back to the Deeds Branch to record that the deed was ready for final issue, before being sent to the Receipt and Pay Office in Melbourne for delivery. The Grant and Deed were signed by the Governor and sent to the Registrar of Titles. The Registrar registered and delivered the Grant to the Grantee, and retained the Deed for safe keeping.Summary details of all sales by auction may be found in VPRS 11862 Reports of Land Sales by Public Auction. Details of the Crown Grants issued may be found in the Registers of Crown Grants. Refer to:VPRS 11868 - for the period 1837 to 1851VPRS 11866 - for the years 1851 to 1858VPRS 11865 - for the period 1859 to 1988, andVPRS 11864 for Crown Grants issued between 1988 and 1991.
在王室土地(Crown lands)拍卖会后,诸多拍卖报告副本被编制留存,其中包括由负责特定地理区域拍卖事务的当地土地官员(Land Officer)保管的副本。每份双页对开幅面(double folio)上均标注有拍卖地点与日期、拍卖主持方,自1860年起还增加了拍卖编号。部分卷宗中可能附带有本次拍卖的广告传单副本。报告所载细节包括地块编号、土地位置与面积、已售与未售地块情况,若存在未售地块,通常原因为该地块被撤回或无人竞价。报告同时列明了底价(upset price,即最低可接受成交价)与估值金额,以及该地块的单位亩售价;还记载了买受人姓名与地址、定金与余款金额,以及余款支付日期。在后期的报告卷宗中,部分细节可能有所调整,例如会加入相关规划图编号与往来函件编号,部分卷宗还可能包含承租人或持牌人所做土地改良的估价细节,以及部分涉及密集定居计划(Closer Settlement)的土地详情,此类土地可通过招标或私人协议交易方式出售。
报告卷宗(尤其是20世纪的卷宗)可能覆盖范围极广的地理区域,相邻辖区的拍卖地点可能存在重叠。此外,偏远小型地块的拍卖有时会在中心城镇的大型场地举办。
维多利亚州的土地售卖严格遵循各类土地法案与法规指令。自1842年《大法规》(Statute at Large)第34卷所载《荒地法案》(Waste Lands Act),直至1869年《土地法案》(第360号法案),公开拍卖王室土地始终是维多利亚殖民地(前身为菲利普港区域)土地转让的主要方式。最初,土地被划分为三个辖区与三个等级:定居辖区、过渡辖区与未定居辖区。一、二级土地主要分布于定居辖区与过渡辖区内,而三级土地则多位于未定居辖区。
殖民政府曾希望鼓励定居者入驻并开发未定居辖区的土地,但当时的公开拍卖土地方式未能达成这一目标。自1860年《土地法案》(第117号法案)起,州府陆续出台系列土地法案,以推动民众入驻并开发未定居辖区土地。1869年《土地法案》颁布后,王室土地拍卖虽仍在进行,但规模大幅缩减,且有关拍卖的法规条款持续被纳入维多利亚州土地法案体系。
19世纪70年代,王室土地与测绘部重组并设立占地管理分支(Occupation Branch)前,土地售卖事务由作为土地售卖与甄选分支主管的首席文员(Chief Clerk)负责。此次重组将维多利亚州划分为若干土地辖区(Lands District),每个辖区均设有地方土地办事处,另在墨尔本总部设有集中式土地办事处。每个集中式办事处均配备专属办事员与绘图员,负责对应土地辖区的相关事务。地方与集中式办事处保持定期沟通,以确保土地转让记录准确无误,并保障问责机制与流程一致性。这一机制要求为任一特定区域的土地售卖编制两份登记册:一份由地方土地办事处留存,另一份由集中式办事处留存。双份登记制度旨在通过提升个体蓄意欺诈的难度,保障土地办事处记录的完整性,同时便于核查土地价款的收缴情况,确保入账金额准确无误。
在殖民地建立初期的数十年间,王室土地售卖是政府重要的财政收入来源。1842年《荒地法案》明确规定,土地售卖所得收入将用于移民安置计划,以吸引潜在定居者。首席文员会依据地方官员与地区测量员(district surveyor)的报告,以及与总测量师及部门内其他人员的往来通信,编制涵盖可售土地详情的附表。附表所载信息包括土地描述、位置与质量。此类附表需提交土地与工程委员会(Board of Land and Works)审议,直至1869年《土地法案》推动土地需求大幅增长,该流程才不再适用。
土地售卖流程因土地类型而异,具体分为城镇地块、含金土地(auriferous lands)与乡村土地三类。流程起始于特定地块的申请,申请人需详细说明所需土地的分配单元、区块与具体描述(参见VPRS 1258《内部往来函件》)。若申请城镇地块,申请人需前往墨尔本办事处填写申请表;申请含金土地的申请人需向地区测量员提交申请;申请乡村土地的申请人则可通过寄送包含申请所需信息的信函,或委托代理人提交申请。所有申请均需登记,并转交地区测量员核查是否存在针对该待售地块的异议。若无异议,将编制包含待售土地详情的附表。对于含金土地与乡村土地,地区测量员编制的附表需包含土地改良(如边界围栏)的估值与底价(参见VPRS 919《(王室土地)改良估价证明》)。土地价款需包含改良部分的价值,以确保实施改良的投资者获得合理补偿。墨尔本办事处收到含金土地附表后,需将附表所载土地的规划图绘制、着色后送交矿业部(Mines Department)。若矿业部对该土地售卖提出异议,则将其从附表中移除;若无异议,则将该土地纳入下一期将在对应辖区发布公告的土地拍卖计划。该附表需提交土地部长(Minister for Lands)审批,随后提交总督会同行政局(Governor-In-Council)审议。若当时存在乡村土地售卖禁令,则仅在获得土地部长的特别许可后方可进行售卖。随后,相关土地售卖通知将刊登于《政府公报》(Government Gazette)与各类报纸(参见VPRS 11869《公开拍卖土地售卖通知》)。拍卖公告发布后1至3个月,土地将在拍卖厅进行拍卖。买受人需在拍卖厅支付定金,余款需在拍卖当日起1个公历月内付清。
在土地完成测绘并被列为可公开拍卖的地块后,拍卖通知将刊登于《政府公报》,该流程通常于拍卖日期前1至3个月启动。通知内容包含拍卖编号(1860年起启用的连续编号)、拍卖日期、时间与地点、待售土地的位置与描述、拍卖地块编号、底价及所需定金金额。拍卖师需为王室土地与测绘部(及土地与工程委员会)编制拍卖师报告,说明已售土地、买受人、成交价及定金收取情况(参见VPRS 80《公开拍卖土地售卖拍卖师报告》)。相关信息将被录入土地售卖办事处与对应土地辖区办事处的登记册。特定辖区的土地拍卖由土地部门的授权官员主持。财务记录将跟踪所有应缴款项的流转情况,直至交易最终完成。
所有土地款项均已缴清的报告需由土地部门的收款员与出纳员签署。财政部长与国库副署长需签署已收讫全部款项的报告。印刷版报告或售卖卷宗将被送交契据管理分支(Deeds Branch)以制备契据。相关细节将被录入契据管理分支的登记册,随后转交总测量师分支(Surveyor General's Branch)以获取土地的技术描述,之后再返还至契据管理分支。待所有内容审核无误后,将转交首席绘图员分支(Chief Draughtsman's branch),以在土地授予书与契据的空白处绘制对应规划图。完成绘图后,文件将被返还至契据管理分支,确认契据已准备就绪,随后送交墨尔本的收款与支付办公室完成交付。土地授予书与契据需由总督签署,并送交产权登记官(Registrar of Titles)。登记官完成登记并将授予书交付给受让人后,留存契据作为档案保管。
所有公开拍卖土地售卖的汇总详情可于VPRS 11862《公开拍卖土地售卖报告》中查阅。已签发的王室土地授予书详情可查阅王室土地授予书登记册,具体如下:
- VPRS 11868:对应1837年至1851年期间
- VPRS 11866:对应1851年至1858年期间
- VPRS 11865:对应1859年至1988年期间
- VPRS 11864:对应1988年至1991年期间签发的王室土地授予书
提供机构:
Public Record Office Victoria



