Poverty Bay Standard. Saturday, April 8, 1882.

Poverty Bay Standard, Volume X, Issue 1059, 8 April 1882, Page 2

Poverty Bay Standard. Saturday, April 8, 1882.

Great and loud is the dissatisfaction expressed in Gisborne by lawyers, Native interpreters, and others interested in the alienation of Native lands, with an advertisement issued by the Trust Commissioner to the effect that he will not receive statutory declarations as required by Rule 2 of the rules under the “Native Lands Fraud Prevention Act, 1881,” unless made on forms supplied from his office, or printed by the Government printer. Now several gentlemen whose professional avocations involve the use of these forms of declaration, had, previous to the issue of this advertisement by the Trust Commissioner, taken the trouble to have these forms, in strict accordance with the terms ef the Gazette notice of the Order in Council affecting them, printed in Gisborne, and have them, in several instances, already filled up with a view to their being laid before the Trust Commissioner, when to tiieir astonishment and annoyance, the advertisement is issued stating they cannot be accepted. Now the filling up of these forms involves the loss of much valuable time and labor, added to which, the Native, always suspicious, objects to signing documents over and over again having reference to the one subject. Consequently those gentlemen who have had the forms printed here instead of applying to the Trust Commissioner for them, and who have had them filled up, have not only their labor thrown away, but the necessary expenses in connection with the printing and filling up of fie documents rendered a pecuniary

loss. Now we thoroughly believe that Mr. Price, in issuing the advertisement referred to, did it in the interests of right, and with a view to the protection of his own office, of applicants, vendors and vendees, by thus ensuring the strict accordance of the statutory declarations with the terms of the Order in Council authorising their use. But while willingly according to the Trust Commissioner every desire to act solely in the interests of right and justice, we hold that his refusal to accept the statutory declarations drawn on forms other than those obtained from his office or from the Government printer is unjust and illogical. Unjust to those to whom the refusal of acceptance of forms otherwise printed, and already filled up, would entail a loss in time and money, and illegal in so far that the Trust Commissioner has no option in the matter. The Order in Council, by the rules quoted, distinctly says that the declarations shall be in accordance with the forlary example set forth in the Gazette, “or to the like effect," thus giving persons interested the option of using, if they should be necessitated to do so, even manuscript, instead of printed, forms, while it gives the Trust Commissioner, provided that the wording of the document, printed or written, be bona fide to such “ like effect,” no option of refusal. Again, if the strict letter of the formulary example be adhered to, the forms issued from the Trust Commissioner’s office are wrong in the preamble, Form C. as issued from the Trust Commissioner’s office, being headed, “ In the matter of the Native “ Lands Frauds Prevention Act, “ 1881, and in the matter of the ap- “ plication,” etc., etc., while the same form as set forth in the Gazette notice of the Order in Council runs:—“ In the matter of the Native “ Lands Fraud Prevention Act, 1870, “ and of the Acts amending the same, “ and in the matter of the appli- “ cation,” etc., etc. Form B, as issued from the Trust Commissioner’s office, also differs from the original text in a like respect; therefore, that discrepancies exist here, without any apparent reason, is evident, whether such discrepancy is sufficient to invalidate (or to injure the value of, without absolutely invalidating) the forms as issued, is a question for the gentlemen of the long robe. So far as we are concerned, we only quote them to show that they exist. The gravamen of Mr. Price’s refusal to accept forms other than those quoted in his advertisement lays in the fact that such refusal is made outside of any authority whatever, and tends greatly to the hindrance of settlement of many claims where much valuable time and money has been expended in procuring signatures, and where, if such refusal is insisted upon, the same tedious and expensive process of collecting signatures and attestation of declarations will have to be repeated at much pecuniary loss to those interested, and to the general hindrance of the despatch of important negotiations occupying valuable time, and to the unbusinesslike detriment of all concerned. We feel sure that Mr Price, always open to reasonable conviction, will, by a reconsideration of his view on the matter, lend all the aid in his power to further -public interests, and thus give a stimulating vitality to an all important item in the progress and well being of the district, especially when he reads carefully clauses 1 and 2 of the Order-in-Coun-cil dated 14th February, 1882, which read as follows :—

1. Every application for the certificate of a Trust Commissioner (hereinafter referred to as the Commissioner) shall be made, by or on behalf of the person or persons acquiring interest under the alienation which is to be the subject of the certificate, in the Form A in the Schedule attached hereunto, or to the like effect. 2. Unless the person so acquiring interest, or his solicitor or agent, and the natives alienating land under the said deed, or other person capable of giving evidence as to the transaction, is examined personally on oath before the Commissioner, they or lie shall make anti forward to the Commissioner, before the Commissioner shall affix his certificate to the instrument evidencing such alienation, statutory declarations to the form or effect set forth in the forms B and C in the Schedule hereto.

Clause 5 says “ Summonses to wit- “ nesses shall be in the Form D, or to “ the like effect." Thus the whole tenor of these clauses shews that the Printed Forms are hut a secondary consideration, provided the wording of the Declarations, however made, is to the effect set forth in the Order in Council quoted. We think it possible that this may have escaped the notice of the Trust Commissioner, who, as we have said before, we feel sure will gladly do all in his power to obviate any unnecessary difficulty.