Hawke's Bay Herald FRIDAY, OCTOBER 7, 1870. NATIVE LAND FRAUDS PREVENTION ACT.

Hawke's Bay Herald, Volume 15, Issue 1194, 7 October 1870, Page 2

Hawke's Bay Herald FRIDAY, OCTOBER 7, 1870. NATIVE LAND FRAUDS PREVENTION ACT.

One of the most importaut Acts, as far as the North Island is concerned, passed during the last session of the General Assembly, is the above. Its object is, as stated iv the preamble, " To preveut improvident dealings aud frauds upon the alienation of land held by uutives." The Act is a permissive one, and is now iv operation in Hawkes Bay, this province haviug beeu proclaimed a "Native Trust district," with Captaiu Carter as Trust commissioner. 1 The reason why the Bill was introduced was this, lt frequently happened that uatives who had sold a piece of laud, after having spent their purchase money regretted their bargain ; declaring that they had uot understood the nature of tho document which they had signed, that the Licensed Interpreter bad not fairly translated and explained the deed by which they had parted with their lauds, &c. Since the first introduction of the Native Lauds Act, in 1862, almost every session has produced an amendment, the object of which generally was to prevent the natives from making away with their estate, aud beiug left ultimately as discontented paupers on the hands of tho colonists. The result of all this legislation bas not been very satisfactory, principally owing to tbe difficulty of frumiug laws which will prevent a spendthrift race from squuudering their own, without, at the same time, placing great difficulties in the way of legitimate transactions. To prevent tlie possibility of the natives becoming paupers, large native reserves were made iv every district ; but as the natives had originally the power of leasing them for twenty-one years, which they generally exercised, a clause was introduced last session iuto the Native Lauds Act, according to which all future reserves cau ouly be leased for a term uot exceeding three years. Tho judges of the Native Lands Court have the power of declaring any block of land a reserve, aud every block can likewise bo made a reserve upon the application of some of the owners. Iv addition to those specified reserves, all blocks which have more thau ten acknowledged owners are placed iv a position similar to that of reserves. The Fraud Prevention Act is concise aud clear. It empowers the Governor iv Couucil to proclaim Native Trust districts, aud to appoint Trust commissioners. Tbe duty of the Trust commissioner will bo to examine into the nature of the alienation of every piece of land ; he will have to enquire whether the natives fully understood the nature of the transaction, whether the consideration iutended to be given is fair, aud to tbe full amount specified iv the deed — uot admitting auy transaction iv which spirituous liquors, arms, watlike implements, or stores, formed any part of the consideration. The fornmissiouer has power to call for evidence upon oath, and any false evideuce giveu before bim is to be considered perjury. After having satisfied himself, the commissioner will endorse ou the deed a certificate of satisfaction, without which any deed will be void, and cannot be registered. Power of appeal to the Supreme Court against the decision of the commissioner is reserved to either party considering itself aggrieved. To prevent expeusive litigatiou iv the Supreme Court, power - is reserved to the Governor, with the

approval of a Judge of the Supreme Court, to appoint iv each Native Trust district a barrister, to act iv this respect as Judge of the Supreme Court. The final clause empowers the. Governor iv Council to fix fees iv respect to proceedings before a Trust commissioner. The Act met with general approval in the Assembly. A small minority, indeed, wished to go still further, by makiug it retrospective. This was rejected, as it would necessarily have led to much confusiou and litigation — a great many of the blocks of laud dealt with before the passing of this Act having either changed hands again, or been encumbered by moitgage.