Trust Commissioner’s Enquiry.

Poverty Bay Standard, Volume X, Issue 1020, 7 January 1882, Page 2

Trust Commissioner’s Enquiry.

Thubsday, sth Januabt, 1882. [Before Capt. Preece, Eiq., R.M., Trust Commissioner for the District]. In the matter of the application for a certificate to a deed of conveyance from Ruihi Heihi to J. G. Kinross and Andrew Graham, of all her interest in the Puhatikotiko block No. 1, the following important decision was given:— The land in question had passed the Native Land Court under the Native Land Act, 1873. The Commissioners had previously heard argument from Messrs Brassey and Fraser, counsel for the applicants, Messrs Graham and Kinross, as to the meaning and interpretation of the words “ lauds held by Natives under their customs and usage,” in the Native Lands Frauds Prevention Act, 1881. The Commissioner’s decision was as follows:—In the interpretation clause of the Native Lands Frauds Prevention Act, 1881, lands held by Natives under their customs aud usages is excepted from the Act. Clause 7of the Native Land Act, 1873, states that the Court is a Court of record for the investigation of titles of persons to Native lands, according to Native customs and usages. Clauses 45, 47, aud 51 of the said Act refer to memorial of ownership, which is to specify the names of the persons who are owners of the land according to “ Native customs and usage.” In the case now under enquiry the land is held under Memorial of Ownership, and consequently under Native custom and usage. Such being the case, the Commissioner considered that he had no jurisdiction in the matter, and would not, therefore, grant his certificate as Trust Commissioner, to the deed. The certificate was accordingly refused.