Court of Claims (Land) guide
An overview of the Court of Claims and a list of the main records series in our collection. The Court of Claims was established to resolve the claims of people who had been promised land grants but were not in possession of the titles, or where the land was in the possession of others claiming to have lawful right to it.
Historical Overview
By 1831 many people had been promised grants of land but were not in possession of the titles to the land because title was not issued until the grant had been surveyed. In other cases the land was in the possession of others claiming to have lawful right through the original promisees. As a result it became impossible to produce legal titles recognised by the Supreme Court.
1833 Act
In order to remedy this situation the passing of Act — IV Will No 9, 1833 — provided for the appointment of three Commissioners for two years and, presiding in the Court of Claims. They were empowered to hear the claims of people who had been promised land grants but were not in possession of titles, or where the land was in the possession of others claiming to have lawful right to it.
Applications to the Court of Claims
The Court of Claims commenced hearings on the 11 April 1834. Persons with claims on land applied to the Commissioners in the form of a memorial, setting out a description of the lands in question, and the circumstances relating to the claim. The memorial was accompanied by a list of the names and addresses of all witnesses to the claim, and any other supporting evidence. If the Commissioners ruled that a claim appeared justified, three advertisements were placed in the Government Gazette over a period of two months to notify that a claim had been filed and to provide a description of the land in question so as to allow any persons opposing the claim to present their case. Under the provisions of the Act, the Commissioners were required to record details of land claimed, memorials received, claims received in opposition, and the courts decision. The Court submitted reports on cases to the Governor through the Colonial Secretary.
Process continued under 1835 Act
In 1835 the Act —IV Will No.21, 1835 — allowed the Commissioners to examine and report upon claims that had been referred to them by the Governor through the Colonial Secretary. Under this Act the Governor reserved the right not to follow the Court's recommendation.
Later legislation
In 1858 the Titles to Land Act- 22 Vic No 1, 1858 - provided for clear and accurate descriptions of crown land grants. Under this Act the Commissioners had the authority to investigate the claims of persons affected by the proposed new descriptions. As with the previous Act, the Governor was not legally bound to implement the Court's recommendation.
Although the Conveyancing and Law of Property Act — Act No 17, 1898 — repealed the 1835 Act, the provisions for dealing with disputed claims to grants of land as set out under the 1835, were re-enacted. The Conveyancing Act — Act No 6, 1919 — (as amended in 1923) repealed various sections of the 1898 Act, although not those sections referring to settling disputed claims of land. As the law stands the Court of Claims can still be convened.
Online index
The Court of Claims (Land) index 1833-1922 indexes the following series:
- NRS 917, Register of Memorials 1-970 received by Commissioners of Claims (4 Will. IV no.9), 1833-1835, Reel 1420
- NRS 2675, Registers of cases, 1836-1922, Reel 1249
List of main record series
Colonial Secretary
Series | Title | Dates |
|---|---|---|
NRS 917 [X13]; Reel 1420 | Register of memorials 1-970 (1833 Act) Available in the online index | 20 Dec 1833-15 Apr 1835 |
NRS 913 [2/1777-1824A]; Reels 1234-1235, 1201-1208 | Memorials forwarded by the Commissioners of Claims (1833 Act) | 1832-1842 |
NRS 914 [2/1752-1775]; Reels 1209-1226 | Reports of Commissioner of Claims (1835 Act) | 1835-1855 |
NRS 1234 [2/2168-2169] | Registers of decisions of Commissioners of Court of Claims on memorials claiming land (1833 Act) Indexes are in the front of the volumes | 1834-1839 |
NRS 1235 [2/2147-2148] | Registers of notices that claims for deeds of grant and town allotments will be examined by the Court of Claims (1835 Act) Arranged by case number | 1836-1854 |
Court of Claims
Series | Title | Dates |
|---|---|---|
NRS 2667 [2/7643.1-.2, 9/2663 part]; Reel 2795 | Drafts reports of memorials Nos 5-962 and related papers (1833 Act) | |
NRS 2672 [9/2663 part]; Reel 2795 | Letters received from officials and private persons | 1833-1836 |
NRS 2675 [2/2369-71 part]; Reel 1249 | Register of cases, Nos 1-1549 (1835 Act) Available in the online index » - Tip 1: Following the 1835 Act, the numbering of the cases started again at 1 - Tip 2: There are indexes in the front of each volume | 1836-1922 |
NRS 2677 [2/7644-49.2, 9/2663]; Reel 2795 | Draft reports, Nos 1-1524 (1835 Act) | |
NRS 2678 [2/7665] | Copies of final reports, Nos 343-396 (1835 Act) | |
NRS 2679 [2/2370 part]; Reel 1249 | Register of claims for additional grants, Nos 1-53 | |
NRS 2681 [2/7650] | Schedules received from the Colonial Secretary of Commissioners' reports on cases approved by the Governor (1835 Act) | 1837-1845 |
NRS 2685 [2/7653, 9/2663 part-64 part]; Reel 2795 | Letters received from the Colonial Secretary | 24 Aug 1836-25 Aug 1843 |
NRS 2686 [9/2663 part-64 part]; Reel 2795 | Letters received from officials and private persons There is an incomplete card index to NRS 2685-2686 in the reading room. | 1836-1841 |
NRS 2692 [7/1523] | Copies of orders, notices, proclamations and circulars relative to the promising, granting and purchasing of lands | 15 Dec 1810-29 Aug 1837 |
Lands Department
Series | Title | Dates |
|---|---|---|
NRS 8451 [2/2372] | Register of Court of Claims case papers with registered correspondence Papers and reports of the Commissioners with the registered correspondence of the Lands Department may be located through this volume. |
Surveyor General
Series | Title | Dates |
|---|---|---|
NRS 13829 [7/1200] | Register of deeds received and delivered of land promised prior to 1831 | 1831-1862 |