Page image
Page image

G.—la:

" The Native Land Acts Amendment Act, 1882." Section 7 enacted that, whereas claims to land had been heard and decided, or partly decided, and proceedings had been taken by the Native Land Court under " The Native Land Act, 1873," and its amendments, in which sundry provisions of the said Act had not been technically complied with, it should be lawful, on the application of any person interested either originally or derivatively in any such land, for the Court to inquire into the matter, and make such order respecting the same as should appear to the Court justly to remedy any mistake or error in the proceedings; an indorsement made by the Court in pursuance of any such order, on any instrument of disposition, should be valid and effectual for effecting the objects specified in such order, and an entry should be made in the Registry of the Land Transfer and Registry of Deeds offices to the effect that such order had been made. " The Native Land Division Act, 1882." The object of this Act was principally to remedy defects in the division of shares of Native lands purchased by Europeans, and particularly with the view of clearing away the complications of the general Native Land Acts with " The Poverty Bay Grants Act, 1869." The latter Act was passed to enable the Governor to carry out certain engagements for grants of land in the Poverty Bay district, as follows : Whereas by deed dated the 18th of December, 1868, certain lands therein described at Poverty Bay were ceded to the Governor, on behalf of the Crown, by the Native owners thereof, upon the terms that certain engagements to grant land to members of the Colonial - Defence Force, and to certain friendly Natives, theretofore made should be performed by granting part of the said lands so ceded, and the residue should be granted to those loyal persons whose claims should be ascertained as in the deed mentioned. Power was therefore given for grants to be issued of any part of the said lands to such persons as were entitled thereto under the said deed, or under any engagement by the Government with respect to the said lands or any part thereof, whether there was evidence in writing or not of such engagement, on the Governor in Council being satisfied with the evidence produced in proof thereof. " The Native Land Laws Amendment Act, 1883." Section 7 debarred private persons from negotiating for the purchase or occupation of any Native land until forty days after the title thereto should have been ascertained. Any person so doing was, by section 8, subject to a summary penalty not exceeding £500, and the transaction, except thereinafter provided (section 11), was declared null and void. Section 9 required the Trust Commissioner, in addition to the other inquiries directed by " The Native Lands Frauds Prevention Act, 1881," to ascertain if any such negotiation was commenced or carried on after the passing of this Act, and before the day fixed by the Gazette notice, under section 7, that dealings with such land would cease to be prohibited under the provisions of this Act. Section 10 directed the Trust Commissioner to indorse invalid instruments to that effect, and no instrument so indorsed should be registered in any Registry of Deeds or Land Transfer unless the decision of the Commissioner should be removed or altered on appeal to the Supreme Court, and the indorsement ordered to be expunged by the Court. Section 11 rendered such instruments valid after registration, but did not abate the liability of any person to any pecuniary penalty. " The Native Committees Act, 1883." This Act, which was passed to enable the constitution of Native Committees, or Courts of Arbitration, in case of dispute between Natives where the cause of same did not exceed £20, by section 14 enacted that, in respect of questions of the Native title to land, a Committee might make inquiries and report their decision thereon to the Native Land Court in the following cases : (1) Where it is desired to ascertain the names of the owners of any block of land being or to be passed through the Native Land Court; or (2) where it is desired to ascertain the. successors of any deceased Native owner; or (3) where disputes have arisen as to the location of the boundaries between lands claimed by Natives. There is no record of any operations having been initiated under this section, but if it was acted on properly the time of the Court would be much saved.

15

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert