No. 2-1960.

12. No land lying within or outside any town or village, which has Town pasturage been, by the Governor of this Colony, by proclamation, Government not waste Crown notice, or other instrument or act, assigned as pasturage for such town or village, shall be considered or treated as waste Crown land, for the purpose of this Act.

lands.

Crown lands certain frontier divi

posed.

in 13. The Crown lands in the divisions of Albany along the Fish sions, how to be dis- River, Peddie, Stockenstrom, Victoria East, Queen's Town, and Aliwal North, may be disposed of by the Governor, by public sale, on condition of personal occupation, or of personal occupation and such conditions of providing arms and armed men as have been imposed in the divisions of Victoria, Peddie, and Queen's Town, and it shall be deemed expedient to continue to enforce for the defence of the frontier. Such conditions, however, shall not be cancelled or changed except by Act of Parliament. ('))

Lands containing

valuable minerals, or

required for military poses.

or certain other pur

Public roads, out

spans, and cattle

provided for.

14. No lands known to contain valuable minerals, or situated in the neighbourhood thereof, no lands required for military stations, defence of the frontier, public outspans, fishing stations on the seacoast or the banks of tidal rivers, of such extent as the Government, with the advice of the Divisional Council, shall define, or required for any other public purpose, or so much of the land on the sea-coast lying above and within two hundred feet of highwater mark shall be considered waste lands of the Crown for the purposes of these regulations, and all such land shall not be disposed of, except in the manner set forth in section ten in regard to the lands therein mentioned.

15. In all cases in which Crown lands shall be disposed of, where thoroughfares to be sufficient public roads, outspans, and cattle thoroughfares do not exist, but may be required, such extent of land as may be necessary for establishing public roads, outspans, and cattle thoroughfares shall be reserved for such purposes.

Applications for purchase of land to

Divisional Council.

16. Whenever any Divisional Council may deem it expedient that be addressed to Colo- Waste Crown lands be sold, or when any person may be desirous of nial Secretary or purchasing particular parts of such land, an application may be made to the Colonial Secretary, in writing, setting forth as far as practicable the position, boundaries, and extent of the land referred to. But in the case of any person desirous of purchasing such land, his application may be addressed direct to the Divisional Council of the division in which the land is situate, who shall, upon the receipt thereof, forward the same to the Colonial Secretary.

Such applications to be transmitted to Surveyor-General.

Applications to be submitted to Divi

17. The applications, after being duly recorded, shall be transmitted to the Surveyor-General, who shall communicate thereon with the chairman of the Divisional Council of the division in which the land is situate.

18. The chairman shall submit every application to the Divisional sional Council. Council at the first meeting of the said Council, after the receipt Reports to be sign- thereof, at which there shall be two-thirds of the members present, certified by chair- and actually taking part in the proceedings; and all reports if any be

ed by members and

man.

agreed to on questions relating to land shall be signed by the members individually, at the time and place of their meeting, and in presence of each other, and the chairman shall certify the same on all copies required for communication with Government.

'See Act 24, 1868.

19. The Surveyor-General shall submit, for the decision of the Governor, all reports on cases in which he is unable to concur with the Divisional Council, and all reports which the Council desire to be specially submitted for information of the Governor.

No. 2-1860.

Reports in which Surveyor-General does not concur with

reports to be sub

Council to trans

20. When the Governor directs that the sale shall proceed, the council, or special Council shall in the first place transmit an estimate of the probable mitted to Governor. cost of inspection and survey, and erection of beacons, in order to mit estimate of costs enable the Surveyor-General to comply with the financial regulations, of inspection, failing by obtaining previous specific authority for the necessary expenditure, which.applicant may be required to deposit or in the event of such information not being sent, then the Surveyor- amount of costs. General may call on the applicant for a deposit sufficient to cover the aforesaid cost, which deposit shall be refunded when the land is sold ; but should no sale take place, or the reserved price be more than the aforesaid deposit, no refund will be made.

21. Whenever the special appointment of an inspecting officer shall Members of Divinot appear to be rendered necessary by circumstances of a peculiar be deputed to make sional Council may and technical character, the members of the Divisional Council may inspection after due depute one or more of their number, where necessary, to inspect the notice given. land; but the inspection shall not take place until after fourteen days' notice to the Field-cornet of the ward, and a public notice, posted conspicuously for fourteen days immediately preceding such inspection at the office of the Civil Commissioner or other place in the chief town or village of the division where notices are usually placarded.

In whose presence inspection to be

noted.

heard and

22. The said inspection shall be made in presence of the Fieldcornet or acting Field-cornet of the ward and a sworn surveyor, duly made. qualified, to be employed by Government; and all claims affecting All claims to land the land inspected shall be heard and carefully noted, whether to he relating to private rights or public convenience, as in the instance of outspans, thoroughfares, and other questions of a local nature, or when an unreserved disposal of the lot might convey to a purchaser a power of annoying neighbouring residents, or of damaging adjacent Capabilities to be property; further, the capabilities of the soil for cultivation and observed. maintenance of stock during the year or certain months, the supply of water and facilities for augmenting such supply, the means of communication with and distance from markets or ports; the quantity of timber, if any, should all be observed and estimated; and an accurate record of the proceedings drawn up and handed to the ceedings to be kept. chairman, by whom the case will be laid before the first subsequent meeting of the Divisional Council, consisting of the number of members specified in the seventeenth section.

Record of pro

rections for survey,

23. The Council shall then issue the necessary instructions for Council to give disurvey, or otherwise act as the case may appear to require, and, on diagrams, &c., to be the completion of diagrams, will transmit them with their reports transmitted to Surand a copy of the record mentioned in the last section to the Surveyor-General. veyor-General, who will take the further steps necessary for the sale

of the land, or otherwise.

veyor-General list of undertake survey.

24. The Divisional Councils will, from time to time, transmit to the Divisional Council office of the Surveyor-General a list of such surveyors as may be to transmit to Surwilling to undertake the survey and subdivision of particular lots Surveyors willing to or tracts of land in their division, and the duties of surveyors, or inspection of the same; and the Surveyor-General will, if he see fit, select the surveyor to be employed. Such surveyor will conform to

No. 2-1860.

Compensation

be given to previous occupier for building and improvements.

be valued.

the instructions of the Council in all matters relating to allotment, erection of beacons, and survey, according to previously authorised agreement and estimate, under the provisions of this Act, and attend to the directions of the Surveyor-General in all that relates to professional points.

to 25. Whenever any improvements, such as the erection of buildings, the construction of dams, or of water-conduits for irrigation, or the like, shall at any time prior to the taking effect of this Act have been nade upon Crown land, by any occupier thereof, whose occupation shall not have been authorised by Government, it shall be lawful for the Governor, if he shall think fit, to compensate such occupier for Buildings, &c., to the improvements so made. This compensation shall be made in the following manner: The buildings or other improvements in question shall be valued either by the inspecting officer or officers appointed by the Divisional Council to inspect Crown lands, or by some competent appraiser, to be appointed by the Government, as the Government shall elect; and the lands on which such improvements have been. made shall, when put up to public sale, be sold subject to the payment, out of the purchase money, of the amount of such valuation, and such amount shall be paid by the purchaser at the time of sale. How, if occupier If the occupier who made the improvements should not be the purchaser, then one-third of the value of such improvements shall be retained by the Government, and carried to the account of the public treasury; and the remaining two-thirds shall be paid to the said occupier. In case the said occupier should himself become the purchaser, the two-thirds to which he will have become entitled shall be retained by the Government, and received in payment or part payment of the purchase money for which he shall have become liable. Provided that whenever any such improvements have been made by any occupier whose occupation has been authorised by Government, such occupier shall receive or be allowed the entire Compensation not value of such improvements. And provided that compensation cannot travagant improve- be claimed, and shall not be given, on account of expenditure upon improvements unconnected with the ordinary use of the land by the usual class of purchasers, or of extravagant improvements not adapted to increase the value of the land.

does or does not become purchaser.

to be given for ex

ments.

Regulations as to remission of pur

officers.

26. The privileges allowed to officers of the army and navy, and of chase money to mili- the late East India Company's service, in respect to remission of ary, naval, or Indian purchase money of waste Crown lands, may be claimed under the foregoing regulations; the claimants adhering thereto, in all respects, as in the case of ordinary application and purchase, excepting that, in the settlement of the balance of the purchase money over and above the expenses of inspection, survey, erection of beacons, and title deed, which must be paid in cash, the letter of approval of remission by the Governor may be tendered and will be received, to the extent of such amount or balance of amount as may be therein stated, in satisfaction of the whole or part of such balance of purchase money, under such regulations as the Governor may consider necessary to ensure the accuracy of the public accounts in that particular class of cases.

Waste Crown lands may be sold to con tiguous proprietors

27. As often as the Surveyor-General shall, on the recommendation of the Divisional Council, certify that a portion of Crown land lies so at valuation by contiguous to or between farms belonging to private persons, and that from the situation of such Crown land, and all the circumstances

D.visional Council.

connected with it, such Crown land ought to be attached to one or more of the contiguous farms, then the Divisional Council may allot such Crown land to one farm, or divide it amongst two or more farms, as may seem just and expedient, at a reasonable and equitable price, to be fixed by the Council, and approved of by the Governor, not being less than the expense of the inspection, survey, erection of beacons, and title deed. And such land shall be subject to a quitrent, to be assessed by the Council.

28. After the Surveyor-General shall have certified as in the last clause mentioned, then the Council shall cause to be published in the Government Gazette a notice stating the name of the applicant, the situation and boundaries of the land applied for, and the extent of such land, if it shall then have been surveyed, or if it have not been surveyed, its supposed extent, and stating that such application will be decided upon by the Council, at a meeting thereof, to be held upon some day to be mentioned in such notice, not being less than three months from and after the day upon which such notice shall have been first published in the Government Gazette. A copy of such notice shall also be posted at the office of the Resident Magistrate of the district for not less than three months before the day appointed for the meeting of Council to decide upon such application.(')

in such applications

port or object

to

29. At the meeting of Council to decide upon any such application Persons interested as aforesaid, it shall be competent for any person, having or alleging may appear in person an interest in the matter of such application, to appear in person, or or by deputy to supby agent authorised by any writing under the hand of such person, application. and to submit to the Council such matters for or against such application as he shall think fit; and the Council may, from time to time, adjourn the decision upon any such application to a future meeting as often as it shall be found expedient to do so.

30. The Council may grant any such application, either wholly or in part, as may appear desirable, and when an application by one person shall have been made and published for a certain lot of land, may in deciding upon such application and without the publication of any fresh notice, divide such land between the applicant and any other person or persons who may, at the meeting in the twenty-seventh clause mentioned, claim, and be found entitled to a share of such land.

Applications may

be gra ted whly or

in part.

How, if counci shall decide to gran

31. When the Council shall have decided to recommend that any such land as is in the last clause mentioned, should be granted to any application. person or persons, the chairman of the Council shall forward such recommendation to the Surveyor-General, together with the diagram -or diagrams of such land, and a statement of the price fixed, and of the quitrent assessed by the Council, and the necessary title deed or title deeds shall be prepared and issued: Provided that the Governor, upon sufficient cause shown to him, shall be empowered to withhold the issue of such title deed or title deeds.

Governor may withhold title-ded.

to publish half-year

32. The Surveyor-General shall cause to be published in the Surveyor-General Government Gazette, during the months of January and July, in every ly returns of titleyear, half-yearly lists, made up to 31st December and 30th June deeds issued under preceding, respectively, of all title deeds issued from the SurveyorGeneral's office of any such lands as are in the preceding clause

See Act 19, 1864, § 7.

preceding section.

BBB

No. 7-1860.

mentioned, which lists shall set forth, in regard to each title deed, the division and field-cornetcy in which the land is situated, the name of the grantee or grantees, the extent of the land granted, the price fixed, and the quitrent assessed.

No. 3-1860.]

[July 17, 1860,

An Act to Amend the Act No. 10, 1859, entitled "An Act to. provide for the Adjustment of Disputed Land Boundaries, and for the Erection and Preservation of Land Beacons."

[Repealed by Act 7, 1865.]

No. 4-1860.]

[July 17, 1860.

An Act for Continuing the Provisions of an Ordinance bearing date the 14th day of February, 1833, entitled "An Ordinance for enabling certain Persons having respectively the just, lawful, and undisputed Right to certain Lands and Houses to procure the same to be enregistered as their Property in the Land Register." [Expired.]

No. 5-1860.]

[July 17, 1860,

An Act to Amend the Act No. 9, 1858, entitled "An Act to Provide for the Management of the Public Roads of this Colony." [Repealed by Act 40, 1889.]

No. 6-1860.]

[July 17, 1860.

An Act to Amend the Act No. 20, 1858, entitled "An Act for Constructing a Breakwater to form a Harbour of Refuge in Table Bay, and otherwise improving the said Harbour."

[Spent.]

Preamble.

No. 7-1860.]

ACT

[July 17, 1860.

For Enabling the Harbour Board of Mossel Bay to levy certain Wharfage Dues.

WHEREAS the Board of Commissioners for the Harbour of Mossel Bay, appointed under and by virtue of the Ordinance No. 21, 1847, entitled "Ordinance for Improving the Ports, Harbours, and Roadsteads of this Colony," have caused an estimate to be made of the cost of constructing certain works calculated to promote the safe and convenient anchorage of ships and landing