A.—No. 2.

12

PAPERS ON NATIVE LAND COURT

subject to the provisions hereinafter contained touching sales by auction. 32. If the owners of a piece of land shall be more than ten and shall agree to have their land subdivided for the purpose of obtaining certificates of title the Judge of the District shall order the land to be subdivided in such manner as shall be most satisfactory to the parties concerned: Provided that no subdivision contain more than ten owners. Thereupon a separate certificate of title shall be issued to the owners of each subdivision. 33. Whenever a part only of the persons named in a certificate of title desire to lease or sell their interest therein the Judge may with the consent of all parties interested order the land designated in such certificate to be subdivided so that one subdivision shall represent the interests of those who wish to lease or sell and the other subdivision shall represent the interests of those who do not so wish to lease or sell. Whereupon the former certificate granted shall be cancelled and two new certificates be issued in respect of the two subdivisions. 34. Whenever it shall be found that all the owners of a block of land are desirous to sell the same without previous subdivision among themselves the Judge shall put on record the names of all the owners distinguishing the tribe and hapu to which they respectively belong and the fact of their all agreeing to the sale of said block of land and shall then order the same to be laid out by the Chief Surveyor of the Court for sale by auction. 35. All such auctions shall take place at fixed intervals of six months at the chief town of the Province in which the land is situate. A reserved price to be agreed to by the owners shall always be fixed. Any land offered for sale at such auction but not sold thereat shall be open to selection at the reserved price at any time intermediate to such public auctions. All the purchase money derived from such sale of land shall be paid into Court. 36. In every case where purchase money of land shall pass through the Court a deduction at the rate of per cent, therefrom shall be made for defraying the cost of surveys and the laying out and mapping the land and the expenses attending the auction. 37. If the net proceeds of any such sale shall exceed £500 a deduction therefrom at the rate of per cent, shall be made and reserved for investment by the Court in Government security for the benefit of the sellers or their successors and shall remain so invested for a period of not less than twenty-one years the interest thereon being paid through the Court to the parties entitled to receive the same. 38. Every certificate under this Act shall be in the form prescribed in the Schedule hereto and shall have drawn thereon or annexed thereto a plan of the land comprised therein and shall be sealed with the Seal of the Court. 39. The interest of any Native under any Crown grant shall in case of death of such Native intestate pass to such person or persons as would by Native custom be entitled thereto. If thereafter such person or persons shall agree to sell such interest to a person not of the Native race it shall be competent to the intending purchaser to apply to the Judge of the District to ascertain the title of the intending sellers. On such application the Judge shall make inquiry and certify under his hand the names of the persons so entitled to sell. 40. The interest of any Native under a certificate of title shall in case of death of such Native intestate pass to such person or persons as would by Native custom be entitled thereto. It shall be competent for any lessee under such certificate to apply to the Judge of the District to ascertain the names of the persons entitled to the