SYNOPSIS OF PROPOSED NATIVE LANDS ACT.

Poverty Bay Standard, Volume I, Issue 85, 6 September 1873, Page 3

SYNOPSIS OF PROPOSED NATIVE LANDS ACT.

(Concluded.) Instruments of Disposition. — Registration of instruments affecting land held under memorial to be registered by enrolment in Land Court of the district. Where land situate in more than one district, land shall be deemed to be comprised in the district where largest portion is situate. Instruments of disposition to be in duplicate, one to be recorded in Court and the other delivered to person interested. In every mortage a condition shall be expressed “ that the mortagee shall not be entitled to forclose the eq"ity of redemption” any declaration negotiating such condition to be void. Land legally equitably subject to mortagee or charge may be sold by public auction under direction of the Court, notwithstanding the land may be inalienable or subject to restrictions or conditions. With consent of Court, mortgagee or creditor may purchase Court may direct application of proceeds. Conveyances under sale to be made under direction of the Court. No instrument of disposition from natives to other than natives to be valid unless explained by an interpreter appointed under the Act, and unless clear statement of contents thereof written in Maori, certified by interpreter shall be endorsed on instrument. Interpreter to record in Court a certified copy of statement. Instruments to be signed in presence of and attested by a Judge or Resident Magistrate and at least one adult male credible wi'ness. Judge or Magistrate shall satisfy himself that natives understand documenta and shall memorandum to that effect. Married women not to be examined by Commissioners or deeds acknowledged. Husband to be a party to deed and his signature attested as before mentioned. Except as hereinafter mentioned every disposition, contract, or promise relating to native land before becoming freehold to be void: provided that parole contracts for two years respecting flax, timber, and actual productions growing on land may be made. No judgment of a Court shall affect owner of individual share, and no judgment against grantee under repealed acts shall be registered, unless the circumstances have been investigated by the Frauds Commissioner and sanctioned by him, and his approval endorsed on memorial. Native land exempt from laws of Provincial and County Councils. Past Transactions. —Lease heretofore made by persons to whom certificates of title have been issued under Section 17 of Native Lands Act, 1867, to be valid, as if section 73 of Constitution Act had been repealed. In future, owners under such certificates only to make disposition under provisions of this Act. Partition may be made by the Court on application of any native interested. Subdivision may be ordered, although land already leased, but award of partition not to take effect until end of lease. Unencumbered lands comprised in any such certificate may be dealt with on same manner as land held under memorial of ownership under this Act. Former declarations of execution made by interpreters before a Judge or Justiee of the Peace to be valid, although not in form of the statute of William IV, or Justices of the Peace Act, 1866. General Powers of the Court. —Evidence in previous cases substantially the same may be adopted by the Court. Court to hear issues of fact as to Maori custom referred to it by Supreme Court, and decision shall be authoritative as to fact. On question of law, proceedings may be stopped in Native Land Court while case sent to. Supreme Court. Decision of Supreme Court to be final. Land Court Judges may amend all defects and errors in proceedings in the Court.

Miscellaneous.—Notification by Governor in New Zealand Gazette that native title extinguished in any land shall be authoritative. Inchoate agreements by Crown officers with natives for cession of land to the Crown may be proceeded with and completed under this Act. Ancient agreements respecting timber, flax, &c., though invalid, if equitable, may be recognised by the Court, and conditions be placed on memorial of ownership. No right reserved or conferred shall extend to more than twenty-five years from date of order. Old land claims may be investigated under the Act, and a report of Judgment on case shall be sent to Land Claims Commissioner. Proceedings shall then continue under the Land Claims Settlements Act.

Fees.—Governor may Gazette regulations as to fees and mode of payment. Judges shall make rules as to sittings and procedure, which rules, when approved by Governor, shall be published in New Zealand Gazette.