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If after ten years from the passing of this act the population shall be less than 20,000 natural born subjects, lands to be liable to be disposed of by his Majesty.

XXV. And be it further enacted, that if after the expiration of ten years from the passing of this act, the population of the said province or provinces shall be less than twenty thousand natural born subjects, then and in that case all the public lands of the said province or provinces which shall then be unsold, shall be liable to be disposed of by his Majesty, his heirs and successors, in such manner as to him or them shall seem meet provided always, that in case any of the obligations created by the said South Australian public lands securities should then be unsatisfied, the amount of such obligations shall be deemed a charge upon the said unsold public lands, and shall be paid to the holders of such securities out of any monies that may be obtained by the sale of the said lands.

Powers of Commissioners not to commence until the money is raised, except for that purpose.

XXVI. And be it further enacted, that until the said commissioners shall, by the granting and issuing of bonds and writings obligatory as aforesaid, that is to "South Australian colonial revenue securities," say, have raised the sum of twenty thousand pounds, and have invested the same in the purchase of Exchequer bills, or other government securities, as herein before directed, and until the persons intending to settle in the said province or provinces and others shall have invested, (either by payment to the said commissioners or in the names of trustees to be appointed by them,)

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for the purchase of public lands in the said province or provinces, the sum of thirty-five thousand pounds, none of the powers and authorities hereby given to his Majesty, or to the said commissioners, or to any person or persons, except as respects the exercise by the said commissioners of such powers as are required for raising money by means of and on the security of the bonds or securities last aforesaid, and for receiving and investing the aforesaid sum of thirty-five thousand pounds for the purchase of public lands, shall be of any effect, or have any operation whatsoever.

239

APPENDIX, NO. IV.

REGULATIONS

For the Disposal of Lands in the Colony, for the preliminary Sales of Colonial Lands, in this Country, and for the Emigration of Labourers.

NEW COLONY IN SOUTH AUSTRALIA.

COLONIZATION COMMISSIONERS FOR SOUTH AUSTRALIA,

Appointed by his Majesty by virtue of an Act of Parliament (4th and 5th William IV., chap. xcv.), entitled, “An Act to empower His Majesty to erect South Australia into a British Province or Provinces, and to provide for the Colonization and Government thereof."

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JAMES FRESHFIELD, JUN., Esq., Solicitor. ROWLAND HILL, ESQ., SEC.

Office, pro tem., No. 61, Lincoln's Inn Fields, London.

Regulations for the Disposal of Lands in the Colony.

1. The surveys of public land shall, as far as possible, be carried so much in advance of settled districts, that there shall, at all times, be an extent of land surveyed, and open to purchase, exceeding the wants of the colonists.

The object of this regulation is to secure to intending purchasers, at all times, the most complete liberty of appropriation, with respect both to the quantity and the situation of land which they may desire to obtain.

2. Surveyed lands shall be divided as nearly as may be, into sections of eighty acres each, with the exception of the site of the first town, which shall be divided into acre sections (see Art. 7); and maps of the surveyed lands, accompanied by the best practicable description of them, shall be constantly exhibited in the land office.

The object of this regulation is to enable intending purchasers to specify accurately the situation and quantity of land which they may desire to obtain.

3. Except during six months from and after the landing of the Governor, one month's public notice shall be given of the time when any portion of public lands will first become open to purchase. During those six months, one week's notice shall be sufficient.

The object of this regulation is to provide for equality amongst intending purchasers, with respect to the selection of land; so that no one may gain an advantage over any other by applying for land until all shall have had time to examine the district laid open to purchase. The object of the exception for the first six months, is to avoid such difficulties as could not but arise, if, while the surveys had not yet proceeded beyond the wants of intending purchasers, a longer notice than one week were required.

4. On some fixed day of every week, and at some fixed hour, the land office shall be opened for the purpose of receiving applications for land. All applications must be made by sealed tender, by filling up a printed form, which will be supplied at the land office. Each tender must specify, by reference to the map, the section or sections for which the intending purchaser applies. All sections included in the same tender, must adjoin each other. All tenders will be opened in public, and those received on the same day will be opened at the same time. Such tenders as do not comprise any section included in any other tender, shall be first disposed of. When the same section, or sections, shall be named in two or more tenders, that tender shall be preferred which comprises the greatest quantity of land. When one or more sections shall be named in two or more tenders comprising equal quantities of land, then the tender to be preferred shall be decided by lot.

The object of this regulation is to render the mode in which land is disposed of perfectly fair as between all intending purchasers. By means of the tender, an intending purchaser will be secured against unfair competition from other persons, who, if the application were verbally made in public, might try to obtain the same land, merely because it was known that the first applicant had taken trouble in the selection.

It is required, that all sections included in the same tender shall adjoin each other, in order to prevent, as much as possible, obstacles arising to the after purchase of large unbroken blocks of land. It is not intended, however, to prevent distinct applications from the same party, for sections not adjoining.

In giving the preference to those tenders which comprise the greatest quantity of land, the commissioners only carry into effect a main purpose of the South Australian Act, which is, that there shall be no limit or check to the appropriation of

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