East Coast Association.

Poverty Bay Standard, Volume X, Issue 1076, 20 May 1882, Page 2

East Coast Association.

Through the courtesy of Mr W. K. McLean, acting Secretary of the East Coast Association, we have been favored with the following information. The Permanent Committee have held numerous meetings and have gone carefully through the various clauses in the several Native Land Acts. The faults and grievances existing in these Acts have been clearly set forth, and remedies thereto have been suggested and forwarded to the Government. It was contemplated at one time to draft two Bills, rix., “ The Poverty Bay Joint Tenancy

Subdivision Bill,” and “The Native Lands Amendment Bill,” but the Government having intimated to members of the Committee who interviewed the Hon. Mr Bryce in Auckland that they were preparing a Native Lands Bill, and were willing to receive suggestions, it was deemed advisable to abandon the drafting of the Bills and forward the suggested remedies to the Government, which has been done. They are as follows : — Section No. 18 of the Native Lands Act, 1873.—Resolved that it is absolutely necessary that there should be a resident office of the Native Land Court ftt Gisborne, for the purpose of recording the slate of the title to blocks j of land, and for facilitating serches by persons ! who require to make them, and for the pur- ! pose of fulfilling the requirements of clause | No. 64 of the “ Native Lands Act, 1873.” Section No. 45. —Instead of the words as following, “ the majority in number,” insert “ anyone or more.”

Sections Nos. 48 and 49.—That it shall be legal for any owner to lease or sell his individual interest with or without the consent of the other owners, and that the Court shall on the application of any lessee or purchaser make an award in partition. Section No. 54 of the Native Lands Act, 1873, and section No 37 of the Native Lands Court Act, 1880.—That these sections should be continued by directing the Court to appoint a trustee or trustees for the persons found by the Court to be under any legal disability and all persons for whom a trustee or trustees are not so appointed shall be deemed to be legally competent. Sections Nos. 59 to62. —See remarks on sections numbered 48 and 49.

Section No. 65. —The word “majority” should he struck out and the word “ any ” inserted in lieu thereof. Section No. 68.—That the Court shall have the same power to receive a sketch plan on an application for subdivision as it has on an original investigation of title. That in case of any person or persons purchasing or leasing anv interest of the grantees less than the whole in the event of a subdivision of any block of land wherein such alienation shall have taken place the subdivision orders shall be made subject to such alienations without affecting any equities in regard thereto, but that, such equities shall be preserved as nearly as possible. That on the application of any purchaser for the subdivision of his interest in a block of land the Court shall receive any heretofore or hereafter property executed deed in evidence for the application of such purchaser whether there shall be dissentients or not. Section No. 47 of N L.C. Act, 1880 and section No. 58 of N. L. Act, 1873. —Within three months of the receipt by the chief Judge of an application for re-hearing he shall cause to be notified in the Government Gazette his decision on such application and if the re-hear-ing be granted it shall take place at the next sitting of the Native Land Court in the district in which the land is situated. Section No. 81. —(See Section No. 18.) All deeds properly executed by any one or more owners shall be registerable. Section No. 86. —That native grantees holding land under title derived through the Native Lands Court, such title being according to native customs and usages, it is not consistent with such customs and usages that any husband of a female grantee should join in any alienation inasmuch as he would have no beneficial interest in her lands in the event of her dying intestate. Also the difficulty of proving marriages. Section No. 87. —Vague ; requires explanation.

Section No. 88. —That the shares of Natives should be held subject to the payment of their just debts, incurred before or after the land has passed the Court.

Section No. 97. —That all lands should be subdivided, subject to any existing lease or encumbrance. The subdivision order to state what proportion of rent each individual is entitled to. Sections Nos. 90 and 91.—That no cancellation of title shall affect alienations derived from that title. Memo. —That all lands heretofore dealt with shall come within the provisions of proposed new Act. Dr. Nesbitt’s initials and attestations &3., to be legalised. That any attesting witness shall make a statutory declaration that he has put. the necessary questions, and that the Trust Commissioner shall be compelled to admit the same.

The Bill prepared last year by Mr Brassey entitled “The Bill to Facilitate the Partition of Lands granted under the Poverty Bay Grants Act, 1869,” has been handed to our member, Mr McDonald, for presentation to the Houses of Parliament. Mr W. K. Chambers and Tuta Nihoniho proceed to Wellington to-day, in the interests of the Association, fully armed with powers from the Permanent Committee.