PUBLIC RESERVES ACT AMENDMENT.

New Zealand Times, Volume XXXIII, Issue 5449, 13 September 1878, Page 3

PUBLIC RESERVES ACT AMENDMENT.

The following BUI was ro *d a second time in tho Legislative Council on August 10th Be it enacted by the .General Assembly of New Zealand in Parliament assembled, and by the authority of tho same, as follows: 1. The abort title of lids Act shall be tho Public Reserves Act Amendment Act, 1878. 2. Sections 4,5, 12. 13, and 14 of the Public Re servos Act, 1877 (hereinafter called “tho said Act,") are hereby repealed. 3. Tho provisions hereinafter contained shall bo and be deemed to have been in operation as on and from the day the said Act came into operation. 4. For the purposes of the said Act and this Act, and of part VII. of tho Land Act, 1877, tho following words and expressions shall have tho meanings hereby assigned, except there is something in tho context repugnant throtoPublic reserve’"and “reserve'’ includes land heretofore granted, reserved, or sot apart for aiiy of tho purposes mentioned in tho 144th a ctlon of the 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 the Governor, Govornor-in-Chiof, or Libutciiant-Govornor, passed in each case with the advice and consent of the LegialatitfcwCouncil of New Zealand or of New Munster respectively, or of any Act of the General Assembly, or of any Ordinance of n Provincial Council, or by -the Govornor-in-Chiof, Governor, or Lieutenant-Governor, or by the New Zealand Gohipany or Its agents, or tho Canterbury Association or its 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 tho opinion of the Governor In Council shall; bo thought sufficient, and any land hereafter granted, reserved, or set apart for any snob purposes as aforesaid by or under the 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 tho Governor, or any Superintendent, for any of tho purposes aforesaid, by purchase, gift, or otherwise. “ Crown grant” aud “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, trustees, or other persons to hold upon trust for the purposes of such reserve. 0. Whenever it shall bo made to appear that doubt exists as to the purpose for which any public reserve is sot apart, tho Governor may, by Order in Council, define what shall bo deemed to bo the purpose of such reserve, and the purpose so defined shall, on and from such date as shall be fixed in such Order in Council, whether prior to or subsequent to such

Order in Council being made, for all purposes whatsoever, be and be deemed to have been the purposes of such reserve. • 1 .

7. The powers conferred by section 143 of the Land Act, 1877, shall apply to all public reserves heretofore or hereafter m.ade, whether the same shall be gm ted or not, and for the purpose of giving full effect to such powers the Governor may issue such grants and execute such deeds, assurances, and instruments as the circumstances of each case may require, and may ahtevest the legal estate as he may think necessary nr advisable.

.8. Any instrument signed by the Governor, and purporting to change or exchange any reserve, shall be conclusive evidence that all the provisions relating to the changing or exchanging of such reserve have been complied with, and that such change or exchange is duly and lawfully effected. 9. Every Crown grant of a public reserve which has been or hereafter shall be issued or made may be registered under the provisions of the Land Transfer Act, IS7O, notwithstanding that the trusts of such reserve are expressed or referred to in the Crown grant; and every such Crown grant already registered under the Land Transfer Act, 1870, shall, notwithstanding such expressions of* trust, be deemed duly registered.

10. Whenever any grant registered under the Land Transfer Act. 1870, does not contain or have expressed therein the trusts of such reserve, the Governor may, by notice in writing, direct the District Land Registrar to endorse on the folium of the register-book constituted by such grant, and on the duplicate thereof if produced to him for that purpose, a memorial of the trusts of such reserve as expressed in such notcc, and the trusts so endorsed shall be deemed the trusts cf such reserve, and such trusts shall be deemed as valid and effectual as if set forth in the grant itself 11. Every grantee or other person in whom any public reserve has been or heretofore shall be granted or vested shall, notwithstanding registration under the Land Transfer Act, 1870, hold such public reserve unto him, and his heirs, successors, and assigns, upon the trusts expressed or referred to in the 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 ha obtained for that purpose, a memorial of the particulars of such change, revocation, or alteration, aud the authority whereby 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 land the subject thereof shall be discharged from the original trusts, or such of them as shall have been changed, revoked, or altered, and shall be held by tiie grantees, their heirs, successors, or assigns upon the substituted trusts (if any) as if such trusts had been originally expressed in the grant. ,