Regulations for the Granting and Sale of Land The Sydney Gazette and New South Wales Advertiser 6 September 1826 |
Government Order (No. 35.)
Colonial Secretary's Office, 5th Sept. 1826 Regulations for The Granting And
Sale Of Land. His Excellency the Governor
is pleased to notify, that the following Regulations, in Furtherance of His
Majesty's Instructions, for the disposal of land, have been established,
until His Majesty's Pleasure shall be known: 1. Persons, desirous of obtaining land, will address themselves to the
Colonial Secretary, who will furnish them with the established form of
application. When the Governor shall be
satisfied of the character and respectability of the applicant, the Colonial
Secretary will be instructed to furnish him with a letter to the Land Board,
in order that the Amount of Capital, which he can command, may be
ascertained. Stock of every description,
implements of husbandry, and other articles which may be applicable to
agricultural purposes, are to be considered as Capital, as likewise any
half-pay or pension which the applicant may receive from Government. 2d. The Land Board will carefully investigate the particulars of the
capital which the respective applicants are stated to possess; it being of
importance that settlers should not receive a greater extent of land than
they are capable of improving, and that grants should not be made to persons
who are desirous only of disposing of them. The Regulations, fixing the
period within which persons receiving grants without purchase, will not be
allowed to alienate the lands (without subjecting themselves to a forfeiture
of the grants) will be hereafter notified. 3d. When the Governor is satisfied as to the amount of capital possessed
by the applicant, the latter will be furnished, by the Colonial Secretary,
with a letter to the Surveyor General, who will afford him every necessary
information, and will give him a written authority (for which he will pay a
fee of 2s. 6d.) to proceed in search of land. 4th. When he has made his selection, he will apprize the Surveyor General,
by letter, who will point out in his report (to be transmitted twice a month
for the Governor's information) the situation, &c. of such lands as have been selected. If approved by His Excellency,
the Colonial Secretary will give the applicant a written Authority to take
possession of the land (in which the conditions will be specified) until His
Majesty's pleasure be known, or the grant be made
out. 5th. The following boundaries have been fixed, within which persons, who
may be allowed to purchase, or to receive grants, on paying an annual
Quit-rent, will be permitted to make their Selection: The Northern Boundary to be
from Cape Hawke, in a line due west to Wellington Valley. The western boundary
to be the River Macquarie, from Wellington Valley to the 33d parallel of
latitude; from thence, the line to be extended to the 148 degree of east
longitude; and from that point directly south, until it reaches the River
Lachlan; thence due east to Campbell's River, pursuing the line of that river
to the southward, and so on to the latitude of Bateman-bay, which forms the
southern boundary. 6th. The Government will reserve, for its own use, 10,000 acres, in the
immediate neighbourhood of the settlement at
Bathurst, which the Surveyor General will mark out, without loss of time, so
that settlers may not be impeded in selecting their land. 7th. Land, granted without
purchase, to be held in free and common Socage, the
grantee paying a Quit-rent of 5 per Cent, per annum on the value, to be fixed
by the Commissioners. 8th. The payment of the Quit-rent not to commence until the end of seven
years, after the grantee shall have been authorized to settle on the land.
Within that period, however, the grantee must expend, in improvements on the
land so granted, a sum equal to one-fourth of the value estimated by the
Commissioners, under the penalty of forfeiting the grant. 9th. The Quit-rent to be redeemable at the option of the grantee, on
payment into the Colonial Treasury of a sum equal to twenty years purchase,
provided such payment be made within twenty years after the date and
execution of the grant. 10th. Lands to be granted in square miles, in the proportion of one square
mile, or 610 acres, for every £500 Sterling of capital, which the applicant
can immediately command, to the extent of four square miles, or 2560 Acres,
which is the utmost that can be granted without purchase. The Crown reserves to itself
the right of making and constructing such roads and bridges, as may be
necessary for public purposes, on lands to be granted as above; and also to
such indigenous timber, stone, and other materials the produce of the land,
as may be required for making and keeping the said roads and bridges in
repair. 11th. The land, selected by individuals, who have obtained leave to
purchase, will be valued by the Commissioners, with as little delay as
possible, and will be put up to sale for one month (by proclamation) as
directed by His Majesty's instructions, and will not be sold at a lower rate
than the value so fixed. 12th. Sealed tenders, for the purchase of the land, advertised as above,
to be addressed, under cover, to the Colonial Secretary, and marked "Tender for Land." At the end of a
month, from the date of the proclamation, the tenders will be opened in the
presence of such persons as the Governor may appoint, when the land will be
disposed of, as directed by His Majesty's instructions, to the person making
the highest tender, if approved by the Governor. Lands purchased will be held
in free and common socage, paying a yearly
Quit-rent, to the Crown, of one pepper corn. 13th. The purchaser will be required to deposit ten per cent, of the
purchase money previously to his receiving possession of the land, and the sale
will be confirmed by the necessary instrument, when the present arrangement
shall be approved by His Majesty. 14th. No person will be permitted, by any contract, or succession of
contracts, to become the purchaser of more than 9600 acres, including the
land he may have previously purchased, unless duly authorised
by a special order from the Principal Secretary of State for the Colonies. 15th. Persons, desirous of obtaining "Reserves of Land," or "Grants in Extension," will make application, in the prescribed
form, through the Colonial Secretary; and, if no objection exists, the
Governor will authorize them to occupy the land they may make choice of,
until His Majesty's pleasure be known, on their engaging to pay rent, in. the
mean time, at the rate of one pound sterling per annum, for every 100 Acres.
By His Excellency's Command, Alexander M'Leay. |