NEW ZEALAND COMPANY’S LAND CLAIMANTS BILL.

New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 602, 10 May 1851, Page 4

NEW ZEALAND COMPANY’S LAND CLAIMANTS BILL.

IN THE YEAR OF THE REIGN OF HER MAJESTY QUEEN VICTORIA. SESSION XI. No. . Analysis. Title. Preamble. 1. Power to Governor to appoint Commissioners. 2. Commissioners to take oath. 3. All claims derived through the New Zealand Company to be preferred within limited period. 4. All claims not made within period limited, void. Exceptions. 5. Claims to bo preferred to Commissioner for his Report. •6. Claims how to be investigated. ,7. Report to bo made by Commissioner. 8. Reports to be subject to Governor's confirmation. 9. Deeds of Grant made by Governor to convey a valid Title. 10. Grants to be in prescribed form. 11. Disputed Boundaries how to be settled. 12. Commissioner to report when Legal Estate should bo deemed to vest in Grantee. 13. Legal Estate in certain cases to be deemed to vest as reported. 14. In case possession of Land cannot be given by Government, value to be ascertained. 15. Power in such cases to Governor to issue Scrip to Claimant 16. Power to Claimant to exchange Land for Scrip. 17. Claimants holding Scrip of New Zealand Company to exercise right of Selection within limited time. .18. Power to Claimants to exchange Scrip of New Zealand Company for Government Scrip. 19. Government Scrip to be transferable. 20. Receipt of Government Scrip by Claimant to extinguish his Title. 21. Provisions of I3th Chapter of Royal Instructions to come into force at the date of the passing hereof. Interpretation Clause. Commencement of Ordinance. Schedule. An Ordinance to ascertain the Contracts and Engagements entered into by the New Zealand Company for the disposal of Lands in the Colony of New Zealand: And to provide for the Completion of such Contracts and Engagements, by the Colonial Government. (Passed the day of 1851.) Whereas Her Majesty by Her Royal Letters Patent did grant and ordain that certain persons therein named and described should be and constitute a Body Corporate with perpetual succession by the name of “ the New Zealand Company,” for the purpose of purchasing, settling, selling, granting, and otherwise dealing with Lands, Tenements, and Hereditaments within the Colony of New Zealand, and for other the purposes in the said Charter mentioned. And whereas certain Lands claimed to have been purchased by them from the aboriginal native Owners, have been conveyed to the said Company by Grants from the Crown. And whereas, by an Act of Parliament holden in the 10th and 11th Years of the Reign of Her Majesty intituled, “An. Act to Promote Colonization in New Zealand, and to authorize a Loan to the New Zealand Company,” All the Demesne Lands of the Crown in the Province of New Munster were for a limited period vested in the said Company for the purpose of promoting the efficient Colonization of New Zealand and the welfare of the Colonists thereof. And whereas the said Company while in possession of their said Charter did from time to time make and issue divers Land Orders or Contracts for the sale of Lands in New Zealand, and certain Scrip purporting to confer upon the holders thereof the right of selecting land in the said Colony, and many of Her Majesty’s subjects have immigrated to New Zealand at the instance of the said Company, and have expended much of their capital in forming settlements on land so granted to the said Company and by them sold or contracted to be sold, but no legal title or conveyance was given by the said Company to the persons claiming title from, through, or under them in respect of such Land Orders or Contracts as aforesaid. And whereas by an Act of Parliament passed in the Parliament holden in the 9th and 10th years of the Reign of Her Majesty, intituled “ An Act to grant certain powers to the N a ’" » vision was made for the better enabling the said Company to make valid conveyances of the Lands so sold or contracted to be sold by them as aforesaid, but no conveyances were made by the said Company pursuant to the provisions of the said recited Act. And whereas in certain cases possession hath not been given by the said Company of the lands so sold or contracted to be sold by them as aforesaid to the purchaser or purchasers thereof, and the right of selection purporting to be conferred by such Scrip as aforesaid in many cases still remains unexercised. And whereas pursuant to the authority and under the provisions of a certain Act of Parliament, made and enacted in the Session of Parliament, holden in the 10th and 11th years of the reign of Her Majesty Queen Victoria, intituled “ An Act to promote Colonization in New Zealand, and to authorize a Loan to the New Zealand Company,” the Directors of the New Zealand Company gave notice that they were ready to surrender the Charters of the said Company to Her Majesty. Whereupon all claim and title to the Lands granted and awarded to the said Company did, by virtue of the said recited Act, cease and determine, and all the lands, tenements, and hereditaments of the said Company, in the Colony of New Zealand, reverted to and became vested iu Her Majesty, as part of the Demesne lands of the Crown, subject nevertheless to any contracts which should be then subsisting in regard to any of the said lands. And

whereas it is essential to the efficient colonization of New Zealand, and to the welfare of the Colonists thereof, that means should be taken for ascertaining what are the Contracts and Engagements of the said New Zealand Company, which may be now subsisting in regard to the said Lands, with a view to their satisfactory adjustment, and that Deeds of Grant conveying a valid title to such lands should, as speedily as may be, be issued to all persons claiming title from, through, or under the said Company, and who may be found legally entitled thereto. Be it therefore enacted by the Governor-in Chief of New Zealand, with the advice and consent of the Legislative Council thereof, as follows:—

1. It shall be lawful for his Excellency the Governor by Warrant under his hand to appoint one or more fit persons io act as Commissioners for examining and reporting upon Claims to Land, by persons claiming title thereto, from, through, or under the said New Zealand Company, and such Commissioners or any of them, to displace and remove, and to appoint another or others in his or their place, as to the Governor shall seem meet. 2. Every such Commissioner shall upon his appointment and before proceeding to execute the duties of his office, take and subscribe an oath, well and faithfully to execute the trusts and powers reposed in him by virtue of such appointment, which Oath any Justice of the Peace is hereby authorised toadminister. 3. Every person who shall be desirous of taking advantage of the provisions of this Ordinance, shall by himself or his agent on or before the day of January, 185 , give notice in writing to the Colonial Secretary of the Province of New Munster of his intention so to do. And in such notice shall specify the nature of his claim to any such land as aforesaid, and whether the same shall arise in respect of such Laud Order, or in respect of such Scrip as aforesaid, and whether such claim be original or derivative, and if derivative, on what title the claim of such person may be founded.

4. All Claims to Land in the Colony of New Zealand, in respect of any such Land Order, Contract, or Scrip as aforesaid, which shall not be preferred in writing to the said Colonial Secretary, on or before the said

day of January, 185 , shall be absolutely null and void to all intents and purposes, unless it shall be made to appear to the satisfaction of the Governor for the time being that any Claimant shall not by reason of absence from the Colony, or other sufficient cause, have been able to prefer his claim on or before the said day of January, 185 ,in which case it shall be lawful for the said Governor at any time before the day of 18 ,to refer such claim to a Commissioner who shall have power and authority to examine and report upon the same as hereinafter provided.

5. It shall be lawful for the Governor to refer all such Claims to any such Commis-. sioner as aforesaid, to the end that the same may be duly examined, and reported upon for the information of the Governor for the time being. Provided always that nothing herein contained, shall authorise any Commissioner to examine and report upon any such Claim unless the same shall have been referred to him for that purpose as hereinbefore provided. 6. In the hearing, examining, and reporting on any such Claim as aforesaid the said Commissioner shall be guided by the realjustice and good conscience of the case and shall direct himself by the best evidence he can procure or which shall be laid before him.

7. As soon as conveniently may be after hearing or examining any claim which may have been referred to him for that purpose by or by the direction of the Governor the said Commissioner shall make a Report thereof in writing attested by his signature in such manner and form as may be prescribed by the Go vernorin that behalf, which Report shall be recorded in the Office of the said Colonial Secretary. 8. Upon the confirmation of any such Report by the Governor a notification of such confirmation shall be forthwith published in the Government Gazette aud the claimant in whose favour such Report shall be made shall be deemed to be entitled to a Deed of Grant or to Scrip Credit at the Treasury as hereinafter provided as the case may be.

9. And whereas from deaths of and dealings by Purchasers from the said Company and from those claiming from, through, or under them, various and conflicting claims to conveyances and to such Land Orders or contracts may arise : Beit enacted that every Deed of Grant which shall be made by the Governor in the name and on behalf of the Crown of the Land to which any such Land Order or Contract as aforesaid shall relate for the estate and interest thereby contracted to be conveyed remaining unexpired and undetermined at the date of such Grant to the purchaser or purchasers named in such Land Order or contract, or to any person or persons deriving title from, tnrough, or under such purchaser or purchasers and on proof of his, her, or their title respectively to the satisfaction of any such Com-

missioner as aforesaid shall be deemed both at law and in equity a full and complete performance bv the Crown on behalf of the said Company of the contract or obligation contained in or resulting from any such Land Order or contract as aforesaid and shall be deemed an taken to be a good, valid, and effectualconveyance of the land purported to be conveyed by such Grant as against Her Majesty, Her Heirs, and Successors, and against all other persons whatsoever. 10. Every such Grant as aforesaid, shall be in the Form in the Schedule hereunto annexed, and may be made for the conveyance of one or more sections of land, or of a part or parts of a section or sections, and without reference to the original survey of the same. 11. In case the Boundaries of any such land shall be disputed between two or more claimants, it shall be lawful for any such Commissioner as aforesaid, to determine the boundaries by which the said land shall be described in any such grant as aforesaid.

12. And ivhereas in certain cases various dealings have been had between the persons claiming title to the lands, in regard to which such land orders relate, and others : — and whereas for the purpose of preventing injury and inconvenience to persons who may have dealt with such claimants in respect of the lands so claimed by them, it may be expedient that the Legal Estate in the land to be comprised in any such grant, should, in certain cases, be deemed to have been in the Gra'ntee prior to the date of such Grant. Be it enacted thatit shall be lawful for the Commissioner who shall hear and examine any such claim, at his discretion to report that for the purposes aforesaid, it would be expedient that such Legal Estate should be deemed to have been in such Grantee, from and after a date to be named by such Claimant in that behalf. 13. In every such case it shall be the duty of the said Colonial Secretary, before issuing any such Grant, to endorse thereon the date so reported as aforesaid, and the Legal Estate in the land to be comprised in such Grant shall be deemed to have been in the Grantee thereof, from the date so to be endorsed as aforesaid.

14. In case the said Company shall have contracted with any purchaser for the disposal of a particular section of land, and it shall not be in the power of the Government to give possession of such land to the person entitled to the same, it shall be lawful for the Governor to cause the value of such land, or part thereof, to be ascertained and determined by two Appraisers, one to be appointed by the said Colonial Secretary on the part of the Government, and the other by the person entitled to such section as aforesaid. But in case such Appraisers cannot agree as to the value of the land so to be submitted to them for their appraisement, then it shall be lawful for any such Commissioner as aforesaid, to determine the value thereof: Provided always that the valuation of the said Commissioner -shall not be less than the least estimate, nor more than the highest estimate to be made by such Appraisers as aforesaid.

15. It shall also be lawful for the Governor to issue to the person who may be found by such Commissioner to have a rightful claim to such land, Scrip for the amount so ascertained and determined as aforesaid. Provided always that the amount of Scrip to be issued in any such case as aforesaid, shall in no case be less than the amount which shall be found by such Commissioner to have been paid to the said Company in the original purchase of the land, or a proportionate part thereof, as the case may be. 16. It shall be lawful for any Claimant who may be reported by the said Commissioner to be entitled to some particular section or sections of land by virtue of any such Land Order, or Contract, as aforesaid, to exchange the said land for an amount of the said Government Scrip as shall be equal to the sum which shall be reported by the said Commissioner to have been originally paid to the said Company, in respect of such particular section or sections of land : Provided always that any claimant who may be desirous of availing himself of the foregoing provision shall, within calendar months after the passing hereof, give notice in writing to the said Colonial Secretary, of hisintention so todo. 17. And whereas the said Company have issued Scrip of various kinds, in some cases purporting to confer upon the holder thereof, a right to select a certain number of acres of and, and in some cases a right to select land of the value in such Scrip mentioned, Now be it enacted that the claimants who may be reported as aforesaid to be entitled to such right of selection, shall exercise the same by themselves or their agents, within f _ ca ’ e ndar months, after the passing of this Ordinance.

18. Provided always, it shall be lawful for any such claimant as aforesaid, to exchange such Scrip for Government Scrip, at the rate oilowing, that is to say,-Government Scrip L P d"! S ! erHng ’ for evef y acr « i land or Pound Sterlha in land ...i.:„i, a. <3 “ ••»»«'* 'v nuiMU UIU

holder of such Scrip may be certified to be entitled. Provided that every cl lete ° h who may be desirous of effecting s .Ji' tDail( change shall within calendar m T after the passing hereof, give notice in w °-• to the said Colonial Secretary of his ini so to do. nte »lioa 19. All Government Scrip to be * under the authority of this Ordinance be transferable and shall be received as by the Colonial Treasurer of the Provi New Munster, in or towards the Durol/ 6 demesne lands of the Crown, in the said Province which may from ti time be offered for sale by or on behalf Colonial Government. Provided that° t Scrip be tendered to the said Treasurer i towards the purchase of such land on nvV' fore the day of 185. tbe ’ 20. Upon the receipt of suck Scrip n right, title, interest, claim, and demand ofth person to whom the same shall have been ‘ 6 sued and of all other persons whatsoever t the land, in respect of which Scrip shall ha ° been issued, shall be extinguished. issue of such Scrip by the New Zealand Go* vernment shall be deemed both at Law and in Equity a full and complete performance bi the Crown on behalf of the said Company 0 | the contract or obligation contained in or re suiting from the Scrip so made and issued bi the said Company as aforesaid. And so muck of the land to which any such Land Order or Contract as aforesaid shall relate, as shall not be granted to the claimant thereof, as herein, before provided, shall be deemed and taken to be part of the demesne lands of the Crown free from all incumbrances whatsoever. '

21. And whereas by certain Instructions under the Royal Signet and Sign Manual bearing date the 12th dav of io» Her Majesty did revoke and determine so much and such part only of the 13th Chapter of the Royal Instructions, bearing date the 23rd day of December, 1846, as relates to the lands comprised in or affected by the Contracts between the New Zealand Company and the Settlers at Wellington, Nelson, and New Plymouth, and the Associations of Otago and Canterbury, and so far as the same might be inconsistent with the said contracts respectively, or any part thereof. And Her Majesty did declare that on the expiration or sooner determination of any such contract, the regulations comprised in the said 13th Chapter of the said recited Instructions, should again become and remain ia force a regards the lands comprised in or affected by such contract. Now be it enacted, and it is hereby declared that for the purposes oi the said first mentioned Instructions, all such contracts as aforesaid shall be deemed to have expired and to have determined on the day of the date of the passing ol this Ordinance, and the said 13th Chapter of such Royal Instructions, shall, on the passing hereof, again become and remain in force as regards the lands comprised in or affected by such contracts, so far as such Instruction shall not be repugnant to the provisions of this Ordinance. 22. In the interpretation of this Ordinance the woid “Governor” shall be taken to include the “ Lieutenant-Governor,” or the “Officer administering the Government"of the Province for the time being, —and tbe word “ Land” shall be deemed to include “Lands, Tenements, and Hereditaments;" and every word importing the masculine gender only shall extend to a female, 23. This Ordinance shall come into operation on the passing hereof.