The Waikato Times.

Waikato Times, Volume X, Issue 786, 30 June 1877, Page 2

The Waikato Times.

Equal and exact justice to all men, Of whatever state or persuasion, religious or political # # # » # Here shall the Presi the Prom-h's right maintain, Una wed by iiillucuce and unbribed by gain

SATURDAY, JUNU 30, 1877.

We could have wished to have completed m one issue so important a paper. as the essay of Major John Wilson, on the Native Land Bill now before the country, read by that gentleman at the meeting of the 1 Cambridge Farmers' Club, on Tuesday last. To do so, however, is impossible, for it would occupy fully six columns of our space, aud we must, therefore, content ourselves with dividing it into three parts, the first of which we now give. We offer no apology to the general reader for occupying so much space with what may appear to many, a dry and uninteresting subject, for, the question of dealing with the native lands of the Colony underlies the whole of our relations with the native race, and there will be few who wili enter on a criticism of the Bill, either within or without the House, who will bring to its consideration so thorough an experience and understanding of the subject, and so sound and dispassionate a judgment, as the writer of the essay before us. With these remarks, we Bubmit the first portion of the essay m question to our readers : — A CONSIDERATION OF THE PRON POSED Saw NATIVE LA:>D3 ACT. This subject may nob unreasonably at first tight, be considered as belonging to tue domain of politics aud therefore to nave no place iv the discussions of this Bocioty. It is, iv a measure, eveu so. A bill of this nature has groat political significance, aud its consequences cau tscircely be dt finitely forsaado wed ; but although eminently political m its bearing upon the welfare of both the races luhabiuug this colony it is partly tor that very reason that its discussion by the society is felt to be a necessity. Without the substance with which a bill of this nature deals — the land iv fact — where would be our farming ? where the need for an institution like the Cambridge Farmers Olub? no apology can iherctore be made lor bring* ing tins subject before the (Jlub at this time. The present meeting is a not inopportune time to discuss the merits or detects of the draft of the Mew Native Lauds Act to be soon submitted for the approval of Parliament. The draft proposes to ammend and consolidate the law relating to the Native Land Court. The draft before us contains 120 sections, and if brevity be a merit, this Act m comparison with previous ones, possesses it m an eminent degree, and is m this respect a wonderful improvement on previous Acts.

•■ In reviewing this Act we shall eudeavor to follow the order of division adopted by the draft as being less likely to leadto]disc'i.»lveneefl. It appears to be generally understood that Native Lands cannot be acquired under the Aot of 1873, such is not however the case, as witness the successful passing through the Coutt and subsequent putchase of the Maogawhero and other blocks at the aiitiDg of the Land Court, held here m m Jauuary last. The principal difficulty under that Act is the necessity of signing deeds m the presence of either a Judge of the Native Lands Court or a Resident Magistrate, rendering it at times extremely difficult to obtain signatures and always entailing considerable expence aud loss of timu : but if inconvenient m these respects the practice was productive of good m another for it made morally certain the bona fides of all transactions as between natives and European*. The manoer of working the proposed

Act will be simply a reverting to that of the old Acta previous to 18?3, signatures obtaiued before an Interpreter, and a male adult being sufficient to attest the name* Reverting to the draft itself we perj ceive * new rule m the form of application to have claims investigated. Rule 3 section 18, provides for • a statement that the boundaries have been dearly marked out on the ground by stakes or otherwise,' and m section 28 we observe that 'at the sitting of the Court it shall first require to be satisfied that the bounderies have been marked out as stated m the application, and if a plan has be.n deposited, that it is correct, and that the rules m respect of surveys have been complied with.' This we take it is an important alteration, and one, too, that must give satisfaction to the natives ; for if they have no time to properly survey their block before the bearing, they can still proceed to prove their claims, the Court allowing time to survey, but meanwhile witholding certificate of title until suuh time as a proper survey has been made and duly approved. Many blocks have ere now been thrown out of Court consequent upon the want of survey, the claimants and owners either not having had time to have one made between the time of applying for the hearing and tne sitting of the Court, or from the opposition of the obnoxious Hauhau party, who object to have lands either leased or sold albeit they have nothing whatever to do with the land or do not even belong to the tribe who own it. Sectiohs 28 to 34, relate to plans of the land made after the ' hearing' where a eufficiently accurate one had not been m tima for the Court. Section 35 is most important and this reads, *m all oases where the number of owners is found to exceed ten, and m all other cases with the consent of all the owners the Court may order one or more divisions to be made m suoh manner as the Court thinks tit, and such cases shall be placed separately on the Register the names cf the owners of each division not exceeding ten, and issue certificates accordingly.' Under the Act of 1673 tiny number of grantees may be placed on the grant. We have noticed over 100 on a very small piece of land, and to have over 30 names on a grant iB by no means an uncommon circumstance. At one Court here we observed ore* 30 names placed on the grant of a small piece of swamp, which one of the owners, Te Raihi, declared was" only fitted to feed rats upon ; and it was so troublesome' and expensive, if not impossnble, to obtain the names for these 200 acres of land that the European who advanced most of the purchase money to tha natives elected to lose the advance rather than endeavour to obtain so many Bigna lures. Where there are only ten names m a bloc* there is some hope of expeditiously effecting a purchase, and it ia more itx accordance with European business in* atincts. But where there aro so many as we have seen under the present fystein, the purchaser of a block of land often takes, not only months, but years to complete. The loss, uncertainty, and de'luy is extremely annoying to both parties. Oftener than not, blocks of land are surveyed and passed through the Court at the instance of those who -have advanced money on either leasehold or purchase, and it is to the commercial interests of all to obtain a title as speedily as possible ; aud it might be, that the Courc m dividing the land, would insist upon the boundary of these divisions being properly surveyed on the ground instoad of being marked oiFou the map, which could very well be done if the division lines were correct lines: In the former case delay would beoccasioned, and the purchaser or lessee would be m a worse position than if he had to obtain the whole of the signatures without auy division. It is not likely that the Court would issue a certificate on subdivision until it was assured that the divisions had been made on tho p round. In cases of this nature it would be desirable to find all, or most of the owners before surveying the block, and according to tLeir number and influence so sub-divide at the original survey. The Court would then have no difficulty, the natives would be satisfied, and no delay would be occasioned. At the request of any native owner, either prior or subsequent to the issue of a certificate, it shall be lawful for the Court, if it think fit, to determine the share or. proportion to which he is entitled, and to define such share or proportion iv the certificate of title (§ 40) If natives who are owners of large proportions would only bear this m mind, aud act upon their knowledge to have their share denned m the certificate, much disappointment would be saved to them on sub-dividing and subsequent transactions, and put chasers would act with greater certaiuly. Section 41 provides for the subdivision of any share or interest, after the issue ot the certificate of title, and is Bimilar to the enactments made m this behalf, m the Act of '73, tho necessity for which, is co evident that comment is mecliess. We passed oyer section 38, and we now revett toitscoriaiderat.on. It reals, 'every nativenamediu the certificate of title, may dispose of his interest or share, by deed executed m accordance with the provisions of this Act, provided such interest or share is not subject to any restriction, condition or limitation inconsistent with such disposal.' It will readily be allowed that the liberty here accorded to natives, either singly or collectively, of disposing of. their interests, is a leading feature m the proposed Act. It would certainly prove an abortion, if it were otherwise, but, as has been observed, this Act is not singular m this provision, for the interests of natives can be purchased under the Act of 1873, if the Government would refrain from entering, into" competition, thus practically looking up > t mtny of the lands. Tne present Act of 1573 with all its faults, which are numerous enough, gives liberty, if not facility for purchase. ' SURVEYS, Survey derails are embodied m sections 45 to 56 inclusive. No survey will bo accepted or acted upon by the Court unless it is certified ' as correct by the Surveyor General, or a Surveyor authorized by him. If the uativo claimants request the Government to have their lauds surveyed, he may cause it to be done, and the owners, if the Governor thinks fit, ahull repay the same, and if they cannot, a certain portion of the land may be sold under the direction of the Court and the proceeds taken to defray the survey and costs.' The conveyance of land so sold shall be executed by the chief Judge. It shall likewise be lawful for any person at the request of any native claimant to land to lend money for the] pui pose of defraying the expenditure required for tho survey and other costs, charges, and expenses, reasonably incurred ia obtaining a Crown grant, and the lender may take security over the land, which securities shall bo presented to the Chief Judge for Registration, and if it appear to him reasonable and equitable/" it will be registered and stand as a first charge against the land, and no certificate of title Bhall be issued until it -be paid. The alleged unfairness of allowingthese . liens to be so registered and made a first

charge u£dn the land, ac tending tp promote what is vulgarly called land sharking, is neither- pertinent nor true, for ' without this seounty a man might wake up to find— as was done m a reoent case hero— that ho hud all along been working and paying for the benefit of others, while he had lost his money and time. .Without this guarantee of repayment no one is safe m advancing to natives. *. It is not an uncommen occurrence for a person desiring a block of laud to advance money towards the purchase. He surveys and passes the same successfully through' the Court paying alsofa high commis ion, but instead of reaping the due reward of his labours he finds outsiders success fully undermining him, procuring that which they have rifted nothing for. With a knowledge of all this, we require to see some provision, made for the recoupment of money advanced 'm all good faith,' and it.is well to find a policy so pronounced. In every case m which a certificate of title has been granted and an application is made for a re-hearing, or iv whioh the Caurt has re-heard and decided, a Jrowu grant shall be forthwith made and issued to the natives m whose favour sue), certificate was made (57), and if mote persons than one are entitled to a Crown grant they shall be tenants m common, unless they, m writing, request that the grant bj made to them as joint tenants." The concluding clause of Section 58 is a most important one, and will prevent much chicanery on the part of the natives. It re.ds : ' The shares and interests of the grantees shall be deemed to be equal and of equal value, unless it shall be stated m the grant to be otherwise,' and Section 59 enacts that if the certificate of title defines- specific unequal shares aud interests m the land to belong to the several persons respectively m whose favour the grants are issued, such shares aud interests shall be set out iv the grant, and the land shall ba held accordingly.' The country is, of course, m this as m many other oases, ' wise after the event,' and experience has taught our law-givers what is best for the country. Had these clauses been inserted m previous A-cs, much doubt and unseemly litigations would have been spared, and the morals of the natives would not have received such retrograde lessons m fraudulent repudiation as m many cases they appear to have done m some p-irts of this island. This phase of the Question will, however, be again adverted to at the close of these remarks. To be continued m our next.