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MARRIAGES.

FRASER— BROOK.— At St. Andrew's Church, Auckland, on the 6th June, by the Rev. D. Bruce, assisted by the Rev. R. F. llacnicol, the Rev. .T. 11. Fraser, of Waipawa, Hawke's Bay, to Ada Elizabeth, only daughter of J. Brook, Parnell. HAULTAIN— TORR.— At Petane, on the 14th June, by the Rev. G. H. Johnstone, Arthur Terrick, .youngest son of the late Major-General Francis Haultain, Royal Artillery, to Louisa Josephine, second daughter of Joseph Torr, Esq., Petane.

The general opinion with reference to the Native Lands Bill, of those best qualified to form an opinion deserving of attention, is that it is a good Bill as far as it goes, but might well be supplemented with several provisions which it does not contain. Many of these are required chiefly for the sake of clearness. As we mentioned yesterday, it contains provisions for the sale of the interests of infants, and it is probable that these provisions . apply to interests under existing Crown grants, and not under future ones only. A fjj&v words, however, are necessary to make this unmistakeable. There is one point, too, in which the provisions might be amended with advantage. As at present drafted, the Bill enables the Chief Judge alone to execute deeds of sale or lease of infants' property. There is great and obvious inconvenience in. restricting the power to the Chief Judge resident in Auckland, and there appears to be no good reason for

the restriction. If an ordinary lands court judge is fit to be entrusted with the judicial powers which the Aef confers on him, it is hard to see wiry such administrative powers as this should be withheld. This is only one instance out of many where the convenien.ee of the jmhlic would be consulted in extending the powers given to the Chief Judge in the Bill to the whole body of judges. The provisions for subdivision are also' good so far as they go. They enable any grantee to get a subdivision, with protection, however, to freehold purchasers, lessees, and mortgagees. It is to be observed, however, that they contemplate only territorial subdivision, and territorial subdivision is •attended witli so many difficulties that the cases are comparatively infrequent when it can be resorted to. It is, at any rate, worthy of consideration whether some intermediate form of subdivision could not be provided for. If it were open to any grantee or to the lessee of a block to obtain a ruling from the Lands Court as to the proportionate value of the interest of each grantee, without a territorial subdivision, dealings with native land would be much facilitated. Such a ruling is at the present time asked for in the Mangateretero case. It is doubtful, however, whether the Lands Court has power to make it. It is evident that such an apportionment would be a very simple matter in comparison with a territorial subdivision — involving surveys, &c— and would frequently meet all requirements. In regard to deeds under the new Bill, it will not be needed, as all shares will be held to be equal, unless the contrary is stated, and the respective amounts of the shares are specified. The provisions in regard to surveys, we notice, enable the Government to survey any land they see fit out of money to be appropriated for the purpose by the Assembly. This is based apparently on Mr Moorhouse's recommendation, when at the head of the Land Transfer Department. He then urged that it would be well worth while, as conducing to the opening up of the country, for the Government to survey the lands of the natives for them for nothing. In new districts this would be desirable, not, of course, in rich advanced districts. The Bill, therefore, properly provides for both cases, making the cost of surveys repayable by the native owners when the Governor thinks fit. We shall endeavor, as soon as our space permits, to reprint several of the most interesting clauses of the Bill for general information.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/HBH18770619.2.16

Bibliographic details

Hawke's Bay Herald, Volume XX, Issue 3936, 19 June 1877, Page 3

Word Count
670

MARRIAGES. Hawke's Bay Herald, Volume XX, Issue 3936, 19 June 1877, Page 3

MARRIAGES. Hawke's Bay Herald, Volume XX, Issue 3936, 19 June 1877, Page 3

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