THE NEW ZEALAND SETTLEMENTS ACT, 1863.

Press, Volume III, Issue 327, 17 November 1863, Page 3

THE NEW ZEALAND SETTLEMENTS ACT, 1863.

A>" Act to enable the Goyehsor to establish j Settlements for Colonisation' in the Northern Island of New Zealand. Whereas the Northern Island of the Colour of jvew Zealand has, from time to time, been subject to insurrections amongst the evil disposed person? of the Native race, to the great injury, alarm, and intimidation of her Majesty's peaceable subjects of both races, and involving great losses of life and expenditure of money in their suppression : And whereas many outrages upon lives and property have recently been committed, anl such outrages arc still threatened and of almost daily occurrence: And whereas a large number of the inhabitants of several districts of the Colony hove entered into combinations and taken up arms, with the object of attempting tho extermination or expulsion of the European settlers, and are now eng.vjicd in open rebellion tsgainst her Majesty's authority: And whereas it is necessary tint some adequate provision should be made for ihe permanent protection and security of the v.ull disposed inhabitants of both races, for the prevention of future insnrree!i>m or rebellion, and for the establishment and maintenance of her Majesty's authority, and of law and order throughout the colony: And whero:v> the best and most effectual means of attaining those ends would be by the introduction of a sulTkicnt number of set tiers, able to protect themselves and to preserve the peace of the country : And wherea? there are large tracts of land, lying unoccupied, useless, ar.d unproductive, which max be made available for the introduction aisd location of such settlors, vrith benefit to themselves Mid Aiith manifest advantage to the Colony : Be it tlun-forc: enacted by the Gk-noi-al Assembly of Xt-w Z-_':»!aiisl i;i Pariinmeiit assenibled, aud by the uutiiority oi' the same, a≤ follows : — 1. Tho sliort title of this Act shall be " Hie »~ ZealajrJ Settlements Ait. 1563.' ,

"J. It r-uull he l.iufui for the Governor ;u (\>'iii•il, from time to nine, to set apart eligible Mlo fo■•■t'.'.cmrnts for coKmi.o-ition. and the boi:;u!;ui s of uch settlements to define and v:irv.

3. For the purposes of such retil.iuonts tinGovernor in Council may from lime to tinn-VM-rre, or t;ike :mv l.tnd i;i tho North isKuul oi j he colony, in respect of which no eerriiWv.te of | itle under '"The Native Lands Act, ISG2,"" r.>r j aiv Crown grant shall have been issued, and any j Mitli kind shall by deemed to be Clown land | 'reed and discharged fro'ii all title, interest, or hum of any person whomsoever, as soon a> tinGovernor in Council shall have declared that such land is required for the purposes of this Act, and is subject to the previsions thereof. I •1. Compensation shall be granted to all persons who shall have any title, interest, or claim to any land taken under "this Act: Provideu always that no compensation shall be granted to any of the persons following, that is to say, to any person — (1.) Who shall have been engaged in levy ing or making war, or carrying arms against her Majesty the Queen, or her Majesty's forces in Xew Zealand ; or— (2.) Who shall have adhered to, aided, assisted, or comforted any such persons n> aforesaid ; or — (3.) Who shall have counselled, advi-ed. induced, enticed, persuaded, or conspired •with any other person to make or levy wur against her -Majesty, or to carry arms against, her Majesty's forces in New Zealand, or to join with or assist any such persons as are before mentioned iv subsections (1) and (2); or— (-1.) Who, in furtherance or in execution of the designs of any such persons as aforesaid, shall have been either as principal or accessory concerned in any outrage against person or property. 5. Compensation shall be granted according! to the nature of the title, interest, or claim of t'he person requiring compensation, and according 1o the value thereof at the time of the passing of this Act: Provided always, that no claim shall be entertained unless the same shall have been preferred in writing to the Colonial Secretary by the claimant, if residing iv the Colony within six months, and if not residing in the Colony, then within eighteen mouths alter the l.!!ul, in respect of which the claim is made, has been proclaimed under .Section 3, as required for the purposes of this Act. (5. For the purpose of determining claims for compensation under this Act, there shall be i«f:ih!i«'>ed Courts, to be called " Compensation Courts." 7. It shall be lawful for the Governor, from time to time, by Letters Patent under the Public of tho Colony, io appoint Judges of such Courlr., and at any time by warrant under his hand to remove any such Judge. 8. Any Judge, bcfoie proceeding to act, shall take and subscribe before a Judge of the Supreme Court an Oath that ho will faithfully perform the duties of his Oilice. 11. Every Compensation Court shall be held before oho*such Judge, whose jurisdiction shall extend over a district to be specified in the Letters Paten! by which he is appointed. 10. Every Judge shall have the power, as near as circumstances will permit, of compelling the attendance of, and examining witnesses, anil of regulating the proceedings of his Court, as a Resident Magistrate in New Zealand haa in reference to a cause of complaint, over which he has summitry jurisdiction ; and also power t.» make rules for the conduct of the business of hi? Court. 11. It shall be the duty of the Colonial Secre tary to transmit every elai»» under this Act which shall be received by him, to the Judge of a Court competent to hear the same, aiul it shall be the duty of such Judge io hear the claim and determine the right of the claimant to compensation, and the amount of compensation to which he is entitled. 12. The Judge shall grant to every claimant whom he shall determine to be entitled to compensation a certiorate, specifying the amount thereof, and describing the land iv respect of which the same is granted, and the nature of the claimant's title, interest, or claim therein. 13. Such certificate shall entitle tiio person in whoso favor the same was granted, to receive from the Colonial Treasurer the amount named in such certificate as payable to him. 14. On part of the land, subject to the provisions of this Act, the Governor shall cause to be laid out a sufficient number of Towns and Farms around, or as near as conveniently may bo to the samo, to give full effect to the provisions of the several contracts heretofore or hereafter to be entered into by or on behalf of the Government of New Zealand with certain persons for the granting of land to them respectively in return for Military Service on the terms in and subject to the conditions of the said contract j respectively expressed, and the scvcr:il persons who shall havo been enrolled under the said contracts respectively, shall be entitled to s;i«h town and farm sections in conformity with the provisions of the said contracts: Provided always that it shall be lawful for th. Governor with tlio consent in writing of any person entitled under such contracts to vary tl;e conditions thereof r.s regards such person, as the Governor iv Council may think fit. 15. After setting apart sufficient land for all the persons who shall' be entitled thereto under the said contracts, it shall bo lawful fur tho Governor in Council to cause towiu to bo B'.irveved anil laid out, and ai*» suburban and allotments. IG. All such town, suburban, and rural land shall be let, sold, occupied, and disposed of for such prices, in such manner, and for such purpose?, upon such terms, and subject, to such regulations as Ihu Governor iv Council j-hal!, from time to time, prescribe for that purpose. 17. Money to aritc from the sale ami disposal of any land under this Act shall be disposed of as the Governor in Council shall, from time to time, direct, for ali or any of the following purposes— (1.) In defraying the expenses incident to the formation and laying out of settlements, including the payment of any compensation which shall be- payable under this Act. (2.) In repaying such portion of the expanses of suppressing the rebellion as shall be hereafter fixed by the General Assembiy. (3.) Iv the construction of roads, bridge.?, docks, quays, landing places, wharves, piers, public buildings, and other public works within or in connection with settlements formed uu-I-.t this Act, and in repayment of any loans advanced for any such purpose. (1.) In establishing, endowing, and maintaining public schools and other Institutions. (5) In promoting emigration from ot';?r phces for the purpose of securing the efficient colonisation of the said scltlenienis. Provided .nhvay* that all siu-h money slir.ll for the purposes of "The New Zealand Lo.m Act, lbvGV' be deemed and taken to be revenue arising from the disposal of W.ist.. , Lamb of the Crown in the Colony of New Zealand, and shall be clms-geable with the sum of money burrowed o; , raised under the authority of the said Act, and with interest thereon. IG. This Act shall not conic into operation ui.iil her Majesty's pleasure s.hali have hren s.tkcu ihercu:i, an I i'le g'lnio shall havo been confirmed by her vviih the aiiicc of the I'rivy Council, ar»:i a proclamation of such confirmation having ba:n gnvn shah have been made by the Govern;-!- of the Clonv.