β¨ Text of Imperial Act
(335)
VI. And be it enacted, That once at the least in each of the Four usual Quar- Quarterly Sales
ters of the Year, and on as many other Occasions as to the Governor for the Time by Auction, and Notice
being of any such Colony shall seem meet, thera shall be holdan One or more public thereof,
Sales by Auction of the Waste Lands of the Crown within such Colony; and that
every such Governor shall, by Proclamation or Proclamations, to be from Time to
Time by him for that Purpose made in manner hereinafter mentioned, declare with all
practicable Precision the Times and the Places at which such Auctions will be holden,
and what are the Lands to be offered for Sale at each of such Auctions, and what
are the upset Prices at which they will be offered for Sale; and it shall not be lawful
for any such Governor to sell or cause to be sold any such Lands, unless they shall
have been specified as about to be offered for Sale by such Proclamation as afore.
said, issued at some Time within Three Calendar Months next preceding the actual
Sale thereof.
VII. And be it enacted, That in every such Proclamation as aforesaid the The Lands of- fered for Sale
Lands specified therein as about to be offered for Sale shall be distinguished into to be distin
Three separate Classes, the First of which shall be described as Town Lots, the guished into
Second of which shall be described as Suburban Lots, and the Third of which shall Classes and
be described as Country Lots; and within the First of the said Classes shall be Lots.
comprised all Lands situate within the Limits of any existing Town to be in that
behalf especially named and described by the Governor, or within any Locality to
be designated by the Governor as the Site of any Town to be thereon erected; and
within the Second of the said Classes shall be comprised all Lands situate within the
Distance of Five Miles from the nearest Point of any existing or contemplated
Town, unless in any Case the Governor for the Time being of any such Colony shall
see fit to exclude any such last-mentioned Lands from the said Class of Suburban
Lots, on the Ground that they will not in his Judgment desire any increased Value
from their Vicinity to any such Town; and within the Third of said Classes shall
be comprised all Lands not comprised within the said First and Second Classes:
Provided nevertheless, that nothing herein contained shall extend or be construed
to extend to prevent the putting up for Sale of Lands of any One or more of the
said Classes apart from Lands of both or either of the other Classes.
VIII. And be it enacted, That none of the Waste Lands of the Crown shall Lowest upset
be sold at any such Auction in any of the said Colonies unless the Sum of One Price.
Pound at the least for each Acre of such Land be then and there offered for the
same, which Sum of One Pound per Acre shall be the lowest upset Price of any of
the Waste Lands of the Crown in any of the said Colonies, but which lowest upset
Price shall be liable to be from Time to Time raised in any such Colony in manner
herein-after mentioned.
IX. And be it enacted, That it shall be lawful for the Governor of any such Manner of
Colony, at his Discretion, by any such Proclamation or Proclamations as aforesaid, raising lowest
to raise the lowest upset Price of the Waste Lands of the Crown in any such upset Price.
Colony; and it shall be lawful for Her Majesty, by any Instructions addressed to
any such Governor, under Her Majesty's Signet, and Sign Manual, with the Advice
of Her Majesty's Privy Council, either to raise the lowest upset Price of the Waste
Lands of the Crown in any such Colony, or to disallow and reduce back, either wholly
or in part, any Increase of the said upset Price which, in exercise of the Authority
hereby vested in him, any such Governor may, in manner aforesaid, have made of
the said upset Price, by any such Proclamation or Proclamations as aforesaid: Pro-
vided always, that no such Instructions reducing the lowest upset Price of Land as
raised by any such Proclamation or Proclamations shall be so issued as aforesaid by
Her Majesty after the Lapse of Six Months from the Receipt by One of Her
Majesty's Principal Secretaries of State from such Governor of a Transcript of any
such Proclamation: Provided also, that if such upset Price be so reduced by Her
Majesty as aforesaid, and if any Person shall in the meanwhile have purchased of
the Crown any Lands not being Town or Suburban Lots or Special Lots, it shall be
lawful for the Governor either to return to such Person, the Difference between the
lowest upset Price named by the Governor and the Amount to which such lowest
upset Price shall have been reduced by Her Majesty, or to grant to such Person or
Persons Lands equal in Value to the said Difference.
X. And be it enacted, That it shall not be competent to the Governor of any Except as be-
such Colony, nor, save as aforesaid, to Her Majesty, to reduce the Amount to which, fore provided,
in manner aforesaid, the slowest upset Price of Lands within such Colony may at Price not to be
any Time have been so increased by such Governor or by Her Majesty. reduced.
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β¨ LLM interpretation of page content
ποΈ
Text of Imperial Act regarding Crown Waste Land Sale in Australian Colonies
(continued from previous page)
ποΈ Governance & Central Administration22 June 1842
Legislation, Crown Lands, Auction, Upset Price, Land Classes, Governor
NZ Gazette 1842, No 48