Thursday, 14 January 2016

Development of Hobart - background notes part 3

I have reborrowed from the library the book, Old Hobart Town and Environs 1802-1855, by Carolyn R Stone and Pamela Tyson (1978) and have copied this section (pages 99-104) originally published in The Hobart Town Almanack for the Year 1830.

LAWS AND REGULATIONS
Conditions on the Location of Building Allotments in the Towns and Suburbs
I. In the Towns
1. The allotments will be divided into three classes or rates
2. The class or rate of an allotment, when applied for by any individual, shall be named by the Governor through the Surveyor General.
3. Allotments of the first class shall consist of one acre of land and upwards, but not exceeding three acres: -Allotments of the second class, half an acre and upwards, not exceeding one acre; and allotments of the third class, a quarter of an acre and upwards, not exceeding half an acre.
4. The extent of the allotment in either of these three cases to depend on the remoteness of the situation from the centre of the town, and the outlay of capital which the grantee pledges himself to expend.
5. That on an allotment of the first class, a house shall be built of a frontage extending not less than 60 feet; on an allotment of the second class, a house with a frontage of at least 35 feet; and on an allotment of the third class, a house with a frontage of at least 15 feet.

On granting permission to any individual to occupy an allotment, he will be required to enter into a written obligation to perform the following conditions.
1. That he will make a foot-path of nine feet wide on the side or sides of his allotment, next any street or public way, and inclose such allotment with a good fence, within six months of the date of the obligation.
2. That he will complete the erection of a house of brick or stone, of the proper dimensions, according to the class of the allotment, within six months after the location order is given, keeping the line of the front at a distance of not less than 12 feet from the street.
3.  That he will complete the erection of the house as far as regards the outward appearance, if of the first rate within two years; if of the second rate, within 18 months; and if of the third rate within 12 months.
4. That he will, within that period expend, at least, according to the extent of the allotment, in the erection of buildings, if of the first rate one thousand pounds; if of the second rate, five thousand pounds; and, if of the third rate, two hundred pounds.
5. That he will not alienate his allotment, within the period of twenty-four, eighteen or twelve months, (as the case may be with reference to the rate), but will himself make the improvements required.

Any individual having failed to comply with any of the above conditions, his allotment shall be forfeited to the Crown. - If however, through misfortune, or any other unavoidable cause, it shall be made to appear that he has become unable to perform the conditions, he shall be permitted, on application to the government, to sell to a purchaser, who will become bound in like manner to fulfil them.

But on the expiration of twenty-four, eighteen, or twelve months, [as the case may be], if he shall have fully complied with the conditions, he shall be entitled to a grant, for the first and second class, subject to the payment of the undermentioned quit rent:-
In Hobart town and Launceston, nine pence per rod per annum.
In the townships of New Norfolk, Sorrell and Richmond, three pence per rod per annum.
In all the townships in the interior two pence per rod per annum.

And for an allotment of the third class, to a lease for twenty-one years, subject to the undermentioned rent.
In Hobart town and Launceston, six pence per rod per annum.
In the townships of New Norfolk, Sorrell and Richmond, two pence per rod per annum.
In all the townships in the interior, one penny per rod per annum.

These regulations are not to extend to allotments on the wharfs, which are subject to a distinct arrangement.

The quit rents on all town allotments are to be chargeable from the date of the location order, and in possession being given to the parties by the Surveyor General.

II. For the Allotments in the Suburbs of Hobart town
That they be fenced in with a four rail fence, or some other equally substantial fence, and effectively cleared of all trees, [except such as may bona fide be reserved for ornament], stumps and roots of trees, within twelve months.  The ground to be properly broken up by the spade or plough, and a crop, either of turnips, vetches, grass or potatoes sown within the second twelve months, and a house or other buildings (of stone or brick) erected to the amount in the whole for such buildings of 750l. within three years or more, - thus, fenced and cleared the first year, - ground broken up and a crop the second year ,- buildings erected the third year.

A ticket giving possession, will be exchanged for a grant, on compliance with the conditions, at a quit rent of five per cent, calculated on the present value of the land, according to the valuation of the Land Commissioners, approved by the Lieutenant Governor.

If the grantee is rather disposed to reverse this arrangement, and commence with the erection of the house, it is optional with him to do so, and a grant will be issued as soon as the house is completed.

The largest allotment not exceeding ten acres, and to be decreased according to its vicinity to the town.

As it is not to be expected that buildings in the townships in the interior can, at present, be erected of the extent and value which the regulations require, alike with regard to those townships, and to Hobart town and Launceston. The Lieutenant Governor has directed that it shall be in the discretion of the several police magistrates, but subject to His Excellency's approval, to modify the conditions relating to the extent of frontage and value of the buildings, in such manner as they may consider best calculated to encourage the erection of buildings in the townships, and they will accordingly communicate with the Surveyor General upon each case, in which they shall recommend a departure from the regulations.

The Lieutenant Governor has directed this arrangement, in order to prevent the delay which would be occasioned if applications on this subject were made direct to the Surveyor General, by the necessity of referring for information respecting them, and it shall be understood that the modified terms which shall be recommended by the Police Magistrates are sanctioned by the government, unless his Excellency's disapproval shall be immediately signified.

Two earlier amendments are also included:
Feb 26, 1827 - With a view to public convenience and utility, notice is hereby given to all persons enclosing their lands on the line of public roads, that they must leave a clear space of sixty feet, for the formation of a carriage road and foot path, and in townships where buildings are about to be constructed, the plans must first be submitted to the acting Surveyor General, in order that no deviation from the uniformity of the line of street, or encroachment upon the high way, may take place.

In every case where the due observance of this regulation shall be neglected, neither grants nor leases will be issued, but legal measures for the immediate removal of the nuisance will be forthwith adopted.

This notice will not affect those persons who have already enclosed their lands, or erected buildings under any former regulation.

Sept. 30, 1826. - It should never be lost sight of, that an expenditure of imported capital, in the improvement of the soil, is the leading stipulation which accompanies its gift; and that where, at the expiration of the prescribed period, a neglect of this condition shall be apparent, the possession of cattle or sheep in any number or of any value, will not be considered sufficient, and the land will be subject to be resumed by the Government. Settlers apportioning small allotments on their farms to be cultivated by their crown servants, for the exclusive advantage of the latter, will on detection be deprived of all indulgences from the Government, and also, if they allow their assigned servants to work for themselves a like deprivation of indulgences will be in force.

Also
Report of the Transactions of the Survey Department of Van Diemen's Land .... Report is available cia the State Library of Victoria (SLV) catalogue.

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