NATIVE LANDS BILL.

Hawke's Bay Herald, Volume XX, Issue 3938, 29 June 1877, Page 2

NATIVE LANDS BILL.

The followingjare some further provisions of the Bill :— [ INFANTS. i 79. A native under the age of 21 years may with the consent of the Court dispose of hia interest in land howsoever acquired by way of sale or lease but not by way of mortgage. 80. The Judge may execute the necessary deeds and documents for giving effect to any such sale or lease in the name of such native and on his behalf and such execution shall be as valid and effectual as if he had been of full age and executed in person. 81. The purchase money received from any auch sale shall be paid over to trustees appointed by the Chief Judge and invested by them in the purchase of other land or on government or real securities subject to such trusts powers provisions and. conditions as the Chief Judge thinks fit to prescribe. Provided that in cases in which the purchase money is in the opinion of the Chief Judge so small as is insufficient for investment he may direct it to be otherwise dealt with. 82. The interest accruing from such investment and the rent payable under any such lease as aforesaid shall be applied for the benefit of the person entitled thereto in such manner as the Court from time to time thinks fit to direct. MISCELLANEOUS PROVISION'S. 99. It shall be lawful for the Court in carrying into effect this Act to record in its proceedings any arrangements voluntarily come to amongst the natives themselves and to give effect to such arrangements in the determination of any case between the same parties. ■ 100. Deeds and other documents under this Act executed by the Chief Judge in his own name shall be valid and effectual for all or any of the purposes therein and hereinbefore set forth. 101. The Court may in any case before it for judicial investigation make any order interlocutory or final which in its judgment may be necessary or just and the Court or any Judge may at any time and. from time to time extend any time limited by any such order, 102. The Court may receive and use as evidence in any case before the Court for the time being any evidence which may have been given in any ease previously before the Court provided that the parties are in the opinion of the Court substantially the same. 103. The Court and any Judge thereof may at all times amend at discretion all defects and errors in any proceeding whether there is anything in writing to amend by or not. All amendments necessary for the purpose of determining the real question in controversy between parties in any proceeding before the Court shall be made at any time by the Court or a Judge. AH amendments may be made whether applied for or not and may be made with or without costs upon such terms as the Court or Judge thinks fit. 104. The Chief Judge may grant under his hand licenses to such persons as he thinks fit authorising them to act as interpreters under this Act and may revoke the same provided that all licenses granted to interpreters before the passing of this Act and unrevoked shall authorise the licenses to act as interpreters under this Act until the Chief Judge shall otherwise direct. 105. The Governor or Chief Judge may at his discretion suspend or remove any interpreter appointed under this Act. Any Judge may suspend any such interpreter but shall forthwith report such suspension to the Chief Judge with the reason therefor. 106. Any person acting as or pretending to be a licensed interpreter under this Act who is not so licensed or whose license is suspended shall be liable to a penalty of £50 to be recovered in a summary way. 107. It shall not be lawful for any person to appear or be assisted in Court by counsel or agent unless the assent of the Court or a Judge thereof is first obtained and the Court may at any stage of the proceedings withdraw such assent. 108. Money directed to be paid by any order of the Court may be sued for and recovered in any Court of competent jurisdiction. An official copy of the order under the hands of a Judge and the seal of the Court shall be conclusive proof that the money ordered to be paid was due when the order was made and was payable as therein provided. 109. Every conveyance transfer gift contract and promise affecting or relating to any native land and for which a cer- J tificate of title has not been ordered to be j issued under this Act shall be absolutely void except contracts in writing not extending over naore than three years relating to flax timber or other products of the land. 110. It shall not be necessary to the validity of any deed contract or other document executed or signed by a married woman of the native race that it be acknowledged before a Judge or Commissioner for taking the acknowledgments of married women but every deed contract or other document executed by such married woman shall have the same force and effect as though she were a femme sole. 111. Every deed conveyance contract or other document executed by a native affecting land howsoever acquired shall be interpreted to such native and executed by him in the presence of and attested by a licensed interpreter and one other person and shall have written or to the eftect thereon ov annexed thereto a declaration by such interpreter in the form or to the effect set forth in the second schedule to this Act. Such declaration shall be deemed to be a declaration made under and subject to the provisions of " The Justices of the Peace Act 1866 " and shall be pi-ima facie evidence of the facts therein stated. 112. The mode of execution hereby prescribed shall be necessary to the validity of such deeds conveyances contracts and other documents as aforesaid and shall be sufficient. RESERVES. 119. The Court shall deal with cases in which applications are made in respect of reserves as nearly as conveniently may be in- accordance with the provisions of this Act and the practice of the Court in respect of original applications for the investigation of titles. NATIVE LANDS ACT 1867 SEC. 17. And whereas certain certificates of title have been issued under the 17th section of " The Native Lands Act 1867 " and it is expedient that the Court shall have the power to cancel the same and issue other certificates in lieu thereof. Be it therefore enacted : — 120. It shall be lawful for the Court on the application of any native named in any such certificate or any native registered as interested in the land therein comprised under the said sestion as therein provided to deal with the application and case as though the same were an original application for the investigation of title.