Original Correspondence.

New Zealander, Volume 5, Issue 370, 31 October 1849, Page 2

Original Correspondence.

To the Editor of the New Zealandcr. Sir, — I wish to propose for the Consideration of yourielf anl of your reaJers, the following legal dilenima created by the tecond and fourth clause* of the *• Ordinance for quieting titles to land in the Province oj New Ulster,' 1 pasted on the 25th of August U»t. Theie clauses enact that a Judge of the Supreme Court shall be au'horhed to award compensation to future native claimants in respect of certain lands granted by the Crown ; and that the lands themselves shall be chargeable with such compensation, and, unless relieved from the charge within three years, be liable, at the order of the Judge, to sals by public auction or by privute contract. Thus, notwithstanding n Crown grant is held, vexing all interest in Die grantee,-— notwithstanding that grant it unimpeached and uoia validated,— nill a Judge is empowered, upon representation of an individual, to impote a fine upon the land granted, ailj erentually to sell it. In face, power is given to him to deteriorate and ! vitia'e — upon ptiole evidence, not even necessarily on oath — - titles to properties, for which unavoided Crown grants are held,— the must solemn records known to law* Under these circumstance!, the question naturally arises as to the authority which • Colonial Legislature itself postesses to legislate upon these matters. It is clear that a Colonial Legislature is competent to impose general land taxes,— or perhaps, after land grants hate been duly proved, on wiits of vcire facias, invalid and .been set aside, it may subject the ukue of new grants to whatever conditions it chooses to prescribe, but surely il cannot be maintained thnt such legislature is competent to enact that any set of crown tales, not avoided by Courts of law, shall, in the event of certain occurrences, be subject en post facto to certain fines and forfeitures, — these titles, be it remembered, proceeding hum an authority superior to its own. In cases of •' Scire Facia-., 1 ' the questions at Issue are wholly of law, -aid there always lies a right of appeal ; but, under this Colonial Ordinance,, where the questions are of fact, miny titl"s will depend u,>on the veracity of a N tive an 1 the cieuuiit/ of a Jud^e. I beg to lemnn, S r, Yom obedient servant, AttC .1 nd, 2 ih Oct., 1849.