Untitled

New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 591, 2 April 1851, Page 4

A BILL to enable the Local Government to determine conflicting claims to conveyances arising from land orders, or other contracts, with the New Zealand Company; to issue grants of land in fulfilment of contracts with the New Zealand Company; to issue scrip in exchange for land; to exchange sections with the owners thereof by means of scrip; to determine disputes relating to boundaries of land, and to perform and conclude all contracts, made between the New Zealand Company and their purchasers respecting land in these Islands. 1. Enacts that, in cases of doubtful or disputed title, a grant by the Governor of the lands, tenements, and hereditaments, for the estate or interest, to which any purchaser, whether original or derivative, from the New Zealand Company may, in the opinion of a Commissioner appointed for the purpose, be entitled at the time of the issue of the grant, shall be deemed both at law and in equity a full and complete performance by the Crown on behalf of the New Zealand Company of the contract to convey the said lands, &c.

2. All grants shall be in the form of the schedule hereto annexed, and may be issued for a section or for a part or parts thereof, without reference to the original survey. 3. The Colonial Secretary may, at the request of a grantee or his agent, endorse on the grant the date at which the legal estate vested in the grantee, which legal estate shall be deemed and taken to have been in the grantee from the date so endorsed thereon. 4. In all cases where the New Zealand Company may have contracted to deliver a particular section of land, and it is not in the power of the Government to deliver such section, an appraisement of its value may be made jointly by the person entitled to the same and the Government, and the Governor may issue scrip to the amount of the value so ascertained, which scrip shall be received as cash in the purchase of all lands offered for sale by the Government in the Province of New Munster: Provided that the amount of scrip shall, in no case, be less than the amount originally paid to the New Zealand Company for the land. 5. Any person having acquired a section of land from the New Zealand Company, and wishing to resign itbeforetheissueofa Grant, under the provisions of this bill may, on giving notice within eighteen months from the passing of the Bill, do so, and receive an amount of scrip equal in amount to the sum paid to the New Zealand Company, which scrip shall be available as cash in the purchase of any Government land within the Province. 6. In all cases where the New Zealand Company has issued scrip, expressing that tne noiuer is ciililicu w so many acres of land, or to land of the value of so many pounds, the holder thereof will be required to select his land within six months from the passing of this bill, and the Governor may at any time issue scrip of the kind before mentioned, in exchange for the scrip of the New Zealand Company, at the rate of one pound sterling for every acre of land the holder may be entitled to select, or for one pound sterling for every pound payable in land, to which the holder of such serin mav be entitled. F y

7. In all cases where the boundaries of lands, the title to which was acquired from or through the New Zealand Company, are disputed, the Governor may appoint a Commissioner to determine the boundaries in dispute, and. may issue a Grant according to the boundaries of the land determined by such Commissioner. J

8. From and after the date of the passing of the Bill, the 13th. chapter of the Royal Instructions, relating to the settlement of the waste lands of the Crown, hearing date the 23rd day of December, 1846, shall be revived and be in force in all the settlements containing lands affected by contracts between the New Zealand Company and their

purchasers, in so far as such Instructioba may not be repugnant to this Bill. SCHEDULE. FORM OF GRANT. VICTORIA, by the Grace of God, of a United Kingdom of Great Britain tll j Ireland. Queen, Defender of the Faith and so forth : To all to whom these pr ' sents shall come, Greeting : Whereas, under and by virtue of a of Parliament, made and passed in the Lie venth year of our raign, intituled “An to promote Colonization to New Zealand, ao j to authorize a Loan to the New Zealand Com the said Company have under tfo *• visions of the said Act given notice that ibo-y were ready to surrender the Charters of 1 the said Company to Us, whereby all the Lands, Tenements, and Hereditaments of tb e said Company, in the colony of NewZeil M( ] have become vested in Us as partof the Demesne Lands of the Crown, subject nevenb e . less to any Contracts subsisting in regard to any of the said Lands. And whereu, ft hath been made manifest io Üb, that of under and by virtue of a Contract some time since entered into by the said Company, j 5 entitled to a grant of the Land hereinafter described : Now know ye, that in part performance and fulfilment of the several subsisting Contracts entered into by the said Company, for the sale and conveyance of Land in Our said territory, as provided for in the said recited Act, We, for Us, Our Heirsand Successors, do hereby grant unto the said his Heiri, and Assigns, all that allotment or Parcel of Land in our said Territory, situated aud which said Land is more pat. ticularly delineated and described in the Plan drawn in the Margin hereof, with all the Rights and Appurtenances whatsoever thereto belonging : To hold unto the said his Heirs and Assigns for ever.

In testimony whereof, We have caused thia fOur Grant to be Sealed with the Seal of Our B said Territory. p Witness, our trusty and well-beloved Six B George Grey, Knight, Commander of B the most Honourable Order of rhe Bath, H Governor-in-Chief, and, Commander, g in-Chief of our said Territory and its H Dependencies, and Governor of our Pro- B vince of New Munster, at is B New Zealand aforesaid, ibis day of in tbe lear of Our Reign, and in the Year of Our Lord One Thousand Eight Hundred and Fifty-one.