PUBLIC RESERVES ACT AMENDMENT.

New Zealand Times, Volume XXXIII, Issue 5426, 17 August 1878, Page 2

PUBLIC RESERVES ACT AMENDMENT.

Tho following Bill was road a second time in llic Legislative Council yesterday Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by tho authority of the same, as follows: 1. Tho short title of this Act shall be the Public Reserves Act Amendment Act, 1878. 2. Sections *l. 5, 12. 13, and 14 of tho Public Reserves Act, 1577 (hereinafter called “ the said Act,”) are hereby repealed. 3. The provisions hereinafter contained shall bo and bo deemed to have been in operation as on and from the day the said Act came into operation. 4. For tho purposes of tho said Act and this Act, and of part VII. of the Land Act. 1577, the following words and expressions shall have the meanings hereby assigned, except there is something in the context repugnant threto Public reserve” and “reserve” includes land heretofore granted, reserved, or set apart for any of the purposes mentioned in tho 144th s ction of tho Land Act, 1877, or purposes of tho like kind, by or under the authority of her Majesty's letters patent or royal instructions, or of any ordinance of tho Governor, Governor-in-Chief, or Lieutenant-Governor, passed in each case with tho advice and consent of the Legislative Council of New Zealand or of Now Munster respectively, or of any Act of tho General Assembly, or of any Ordinance of a Provincial Council, or by tho Govcrnor-in-Chicf. Governor, or Lieutenant-Governor, or by tho New Zealand Company or its agents, or the Canterbury Association or it i agents, and any land which has heretofore been granted, reserved or sot apart for any such purposes as aforesaid by any authority whatsoever which in the opinion of tho Governor in Council shall bo thought suilicient, and any land hereafter granted, reserved, or set apart for any such purposes as aforesaid by or under tho authority of tho Land Act. 1877, or any other lawful authority, and any land heretofore or hereafter vested in or acquired by her Majesty or tin Governor, or any Supcr ntendent, for any of the purposes aforesaid, by purchase, gift, or otherwise. “Crown grant” and “grant includes certificate of title, memorandum or transfer, conveyance. or instrument evidencing or affecting the title to any public reserve. 5 All public reserves now or hereafter vested in her Majesty or the Governor may bo granted, conveyed assured, or vested by the Governor in any governing body, trustee?, or other persons to hold upon trust for tho purposes of such reserve. , . 0 Whenever it shall bo made to appear that doubt exists as to tho purpose for which any public reserve is sot apart, the Governor may, by Order in Council, define what shall bo deemed to bo tho purpose of such reserve, and the purpose so defined shall, on and from such date as shall bo fixed in such Order in Council, whether prior to or subsequent to such Order in Council being made, for all purposes whatsoever, bo and bo deemed to have been tho purposes of such reserve. 7. The powers conferred by section 143 of tho Land Act, 1877, shall apply to all public reserves heretofore or hereafter made, whether tho same shall be granted or not, and for tho purpose of giving full effect to such powers the Governor may issue such grants and execute such deeds, assurances, and instruments as tho circumstances of each case may require, and may antovest the legal estate as he may think necessary or advisable. 8. Any instrument signed by the Governor, and purporting to change or exchange any reserve, shall bo conclusive evidence that all tho provisions relating to tho changing or exchanging of such reserve have been complied with, and that such change or exchange is duly and lawfully effected. 0, Jivery Grown grant of a public reserve which has been or hereafter shall be issued or made may bo registered under the provisions of the Land Transfer Act, 1870, notwithstanding that tho trusts of such reserve arc expressed or referred to in tho Crown grant; and every such Crown grant already registered under the Land Transfer Act, 1870, shall, notwithstanding such expressions of trust, bo deemed duly registered. , T ... 10. Whenever any grant registered under the i,.um Transfer Act. 1870, does not contain or have expressed therein tho trusts of such reserve, the Governor niay, by notice in writing, direct the District - tmr to endorse on tho folium of thoregisttr-book ton stitatod by such grant, and on the dupllwtoi the eof if produced to him for that purpose, a ® f the trusts of such reserve as expressed inJ ami tho trusts so endorsed shall be dec ’ °,o las cf such reserve, and such trusts shal.bo a 3 valid and eircctual as it sot forth ™ H* o S 1 *" 1 . 1 It Every grantee or other person m * ) nubile reserve’lias hoc. or 8 'iritlou 'am ler or vested shall, notwithstanding rtßsatristlon ain ler tho Land Transfer Act, IS7O, hold snob public rose a o unto him, and his heirs, snueossois, and assigns. uijO n tho trusts expressed or referred to in tho grant or endorsed thereon,

12. If such trusts shall, after registration of the grant, be legally changed, revoked, or altered, the District Land Registrar shall, upon being satisfied thereof, enter in the register book, and also upon the duplicate Crown grant, if the same can be obtained for that purpose, a memorial of the particulars of such change, revocation, or alteration, ami the authority whereny such change, revocation, or alteration has been effected, and the day and hour of such entry in the register-book; and from and after such entry the laud the subject thereof shall be discharged from tlie original trusts, or such of them as shall have been changed, revoked, or altered, and shall b: held by the grantees, their heirs, successors, or assigns upon the substituted trusts (if any' as if such trusts had been originally exnressed in the -p-anC