AN

ACT

ΤΟ

Remove Doubts concerning the Validity of certain Grants of Land in the Colony of New South Wales.

W

HEREAS by a Proclamation bearing date the Eighth Day of June One thousand eight hundred and twenty-nine, made and published by his Excellency Lieutenant General Ralph Darling, then Captain General and Governor in Chief of 5 the Colony of New South Wales, reciting that much Inconvenience had been occasioned by the Want of sufficient Titles for Allotments of Land in the Town of Sydney, and that such Titles had not been issued by the Government, except in a few Instances, since the Thirtieth Day of June One thousand eight hundred and twenty-three, 10 in order to remedy the said Inconvenience, and to give the necessary Security to private Property, it was thereby ordained and proclaimed, that, on Application being made, a Grant in Fee Simple should be issued, under the Conditions in the said Proclamation specified, to every Person, or his lawful Representative, who on or before the said 15 Thirtieth Day of June One thousand eight hundred and twentythree was bona fide in possession, by Lease from the Government, whether such Lease was then expired or not, or by mere Right of Occupancy, of any Allotment of Land in the Town of Sydney which 20 had not theretofore been alienated by the Crown, and not specified in a certain Order of the Government bearing even Date with the said Proclamation Number Thirty, or otherwise notified theretofore as being

263.

required

Grants of
Lands in
Sydney
confirmed.

Saving as to Lands erroneously granted.

required for public Purposes, reserving, however, and keeping harm-
less, all Rights of other private Individuals which might be lawfully
established at any Time thereafter: And whereas since the issuing
of the said Proclamation Grants in Fee Simple of Allotments of
Land in Sydney which had been before leased by the Government 5
have from Time to Time been made and issued to divers Persons
claiming the said Land, under the Terms and Conditions set forth in
the said Proclamation: And whereas at the Time of the making and
issuing of divers of the said Grants Leases which had been issued
by the Government of Lands comprised in such Grants were unex- 10
pired, and the said Leases were not surrendered nor cancelled,
nor recited nor mentioned in the said Grants: And whereas Doubts
have been entertained whether such Grants are valid; and it is
expedient that such Doubts as aforesaid should be removed by
Authority of Parliament: Be it therefore enacted by the Queen's 15
most Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present Parlia-
ment assembled, and by the Authority of the same, That all Grants
made and issued after the Date and Publication of the said Proclama-
tion, and before the Seventeenth Day of June One thousand eight 20
hundred and forty-eight, by or in the Name of the Governor or Person
administering the Government of the said Colony for the Time being,
or by or in the Name of either of Her Majesty's Predecessors King
George the Fourth and King William the Fourth, or by or in the
Name of Her Majesty, of any Lands situated in Sydney, shall (not- 25
withstanding that the Leases which had been issued of the same
Lands were at the Time of the making and issuing of such Grants
unexpired, and that such Leases were not recited in the said Grants,)
be and be deemed and taken to have been from the respective Dates
thereof as valid and effectual in the Law to grant and convey such 30
Lands to all Intents and Purposes as if such Leases had been recited
and set forth in such Grants.

II. Provided always, and be it enacted, That nothing in this Act contained shall be deemed or taken to affect or prejudice the Rights of any Person or Persons to any Lands or Hereditaments which have 35 been erroneously or wrongfully granted to any Grantee thereof, contrary to the true Intent and Meaning of the said Proclamation, anything in any such Grant or in this Act to the contrary notwithstanding.