South Australia Act 1834
| Jurisdiction | UK Non-devolved |
| Citation | 1834 c. 95 |
| Year | 1834 |
(4 & 5 Will. 4) C A P. XCV.
[15th August 1834]
'WHEREAS that Part ofAustralia which lies between the Meridians of the One hundred and thirty-second and One hundred and forty-first Degrees of East Longitude, and between the Southern Ocean and Twenty-six Degrees of South Latitude, together with the Islands adjacent thereto, consists of waste and unoccupied Lands which are supposed to be fit for the Purposes of Colonization: And whereas divers of His Majesty's Subjects possessing amongst them considerable Property are desirous to embark for the said Part of Australia: And whereas it is highly expedient that His Majesty's said Subjects should be enabled to carry their said laudable Purpose into effect: And whereas the said Persons are desirous that in the said intended Colony an uniform System in the Mode of disposing of Waste Lands should be permanently established:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, Thatit shall and may be lawful for His Majesty, with the Advice of His Privy Council, to erect within that Part ofAustralia which lies between the Meridians of the One hundred and thirty-second and One hundred and forty-first Degrees of East Longitude, and between the Southern Ocean and the Twenty-six Degrees of South Latitude, together with all and every the Islands adjacent thereto, and the Bays and Gulfs thereof, with the Advice of His Privy Council, to establish One or more Provinces and to fix the respective Boundaries of such Provinces; and that all and every Person who shall at any Time hereafter inhabit or reside within His Majesty's said Province or Provinces shall be free, and shall not be subject to or bound by any Laws, Orders, Statutes, or Constitutions which have been heretofore made, or which hereafter shall be made, ordered, or enacted by, for, or as the Laws, Orders, Statutes, or Constitutions of any other Part of Australia , but shall be subject to and bound to obey such Laws, Orders, Statutes, and Constitutions as shall from Time to Time, in the Manner herein-after directed, be made, ordered, and enacted for the Government of His Majesty's Province or Provinces of South Australia .
II His Majesty may empower Persons resident in the Colony to make Laws.
II. And be it further enacted, That it shall and may be lawful for His Majesty, His Heirs and Successors, by any Order or Orders to be by Him or Them made with the Advice of His or Their Privy Council, to make, ordain, and, subject to such Conditions and Restrictions as to Him and Them shall seem meet, to authorize and empower any One or more Persons resident and being within any One of the said Provinces to make, ordain, and establish all such Laws, Institutions, or Ordinances, and to constitute such Courts, and appoint such Officers, and also such Chaplains and Clergymen of the Established Church ofEngland or Scotland , and to impose and levy such Rates, Duties, and Taxes, as may be necessary for the Peace, Order, and good Government of His Majesty's Subjects and others with the said Provinceor Provinces; provided that all such Orders, and all Laws and Ordinances so to be made as aforesaid, shall be laid before the King in Council as soon as conveniently may be after the making and enacting thereof respectively, and that the same shall not in anywise be contrary or repugnant to any of the Provisions of this Act.
III Commissioners may be appointed to carry this Act into execution.
III. And be it further enacted, That it shall be lawful for His Majesty, His Heirs and Successors, by Warrant under the Sign Manual, to be countersigned by His Majesty's Principal Secretary of State for the Colonies, to appoint Three or more fit Persons to be Commissioners to carry certain Parts of this Act, and the Powers and Authorities herein-after contained, into execution, and also from Time to Time at pleasure to remove any of the Commissioners for the Time being, and upon every or any Vacancy in the said Number of Commissioners, either by Removal or by Death or otherwise, to appoint some other fit Persons to the said Office; and until such Appointment, it shall be lawful for the surviving or continuing Commissioners or Commissioner to act as if no such Vacancy had occurred.
IV Style of Board of Commissioners.
IV. And be it further enacted, That the said Commissioners shall be styled ‘The Colonization Commissioners forSouth Australia’; and the said Commissioners or any Two of them may sit from Time to Time, as they deem expedient, as a Board of Commissioners for carrying certain Parts of this Act into execution.
V All Proceedings to be sealed.
V. And be it further enacted, That the said Commissioners shall cause to be made a Seal of the said Board, and shall cause to be sealed or stamped therewith all Rules, Orders, and Regulations made by the said Commissioners in pursuance of this Act; and all such Rules, Orders, and Regulations, or Copies thereof, purporting to be sealed or stamped with the Seal of the said Board, shall be received as Evidence of the same respectively without any further Proof thereof; and no such Rule, Order, or Regulation, or Copy thereof, shall be valid, or have any Force or Effect, unless the same shall be so sealed or stamped as aforesaid.
VI Commissioners to make Orders for the Sale of Land.
VI. And be it further enacted, That the said Commissioners shall and they are hereby empowered to declare all the Lands of the said Province or Provinces (excepting only Portions which may be reserved for Roads and Footpaths) to be Public Lands, open to Purchase byBritish Subjects, and to make such Orders and Regulations for the surveying and Sale of such Public Lands at such Price as the said Commissioners may from Time to Time deem expedient, and for the letting of the Common of Pasturage of unsold Portions thereof as to the said Commissioners may seem meet, for any Period not exceeding Three Years; and from Time to Time to alter and revoke such Orders and Regulations, and to employ the Monies from Time to Time received as the Purchase Money of such Lands, or as Rent of the Common of Pasturage of unsold Portions thereof, in conducting the Emigration of poor Persons from Great Britain or Ireland to the said Province or Provinces: Provided always, that no Part of the said Public Lands shall be sold except in public for ready Money, and either by Auction or otherwise as may seem best to the said Commissioners, but in no Case and at no Time for a lower Price than the Sum of Twelve Shillings Sterling per English Acre: Provided also, that the Sum per Acre which the said Commissioners may declare during any Period to be the upset or selling Price at which Public Lands shall be sold shall be an uniform Price; (that is to say,) the same Price per Acre whatever the Quantity or Situation of the Land put up for Sale: Provided also, that the whole of the Fundsfrom Time to Time received as the Purchase Money of the said Lands, or as the Rent of the Common of Pasturage of unsold Portions thereof, shall constitute an ‘Emigration Fund,’ and shall, without any Deduction whatsoever, except in the Case herein-after provided for, be employed in conveying poor Emigrants fromGreat Britain or Ireland to the said Province or Provinces: Provided also, that the poor Persons who shall by means of the said ‘Emigration Fund’ be conveyed to the said Province or Provinces shall, as far as possible, be adult Persons of the Two Sexes in equal Proportions, and not exceeding the Age of...
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