THE OUTLYING DISTRICTS POLICE ACT.

New Zealand Herald, Volume II, Issue 560, 29 August 1865, Page 6

THE OUTLYING DISTRICTS POLICE ACT.

TriE following is one of the Bills alluded to by Mr. Fitzgerald in liis exposition of the Native Policy of the Government, An Act for maintaining the Queen s peace within certain districts of tho colony, and for charg- j in" the cost thereof upon such districts. Whereas it is necessary that some further provision should be mado for onforcing the law and for arresting criminals in certain districts of tho colony and for charcine upon tho districts in which any outrages mav occur the cost of arresting aud bringing to trial the' perpetrators theroof and such other expenses as may be necessary for maintaining tlio peaco within such districts. , . v Be it enacted by the General Assembly of New Zealand in Parliament assomblcd and by the authority of tho same as follows : — I. Tlu> Short Title "f this Act shall be The OutIvinc Districts Police Act " | " ° "if anv murder assault- with intent to kill rape or assault with intent to kill burglary »;«™°r ; resistance to anv officer of the law shall have ■ committed in any district of tho colony and the p,rpctrators or suspected perpetrators thereof shall e concealed harboured or protected by the o of such district or of any other district so that the perpetrators of such offcnces cannot be ftrrt ® tpl | l , committed for trial according to law it shall be lawful . for the Governor to issuo a proclamation calling u o the chiefs aud other iuhabitants of any or pve^' district to aid in the arrest of such criminals or suspected criminals and "iring woniing m ™ "be such criminals or suspected criminals dv.ll not be arreted on or before a certain day specified in s ch proclamation the district within which any such offence «hall have been committed and every districtwithin which anv such crimiual or suspected criminal shall have been concealed harboured or protected » liable to be brought under the operation of this Act And the Governor shall cause such proclamation to be published in every district to which thesame shall rente in such manner as'he shall think fit Prov.ded alwars that overv eu-li proclamation shall be issued as recards the district in which any such crime shall have 'been committed within three months after the commission of such crime and as regards any other district within threo months after the Governor shall have been informed that such criminals or suspected criminals are being harboured concealed or protected t '' J L if a fter'sucli r proclamation the 'chiefs and other inhabitants of any such district shall persist in refusing or neglecting to deliver up such crim •uspected criminals to justice or to aid in their arrest and if such criminals or suspected criminals shall not hnve been arrested within fourteen days after such proclamation shall have been published m the' district- it »hall be lawful for.the Governor b} an Or hr in -Vum-il to declare that such district, is ro "R ht under the operation of this Act and every such order ,V.ll define as accurately as possible tho boundaries ~f the di-t-ict so declared and from and after the date of such order s ich district- shall be a proclaimed dis-t-i t within the meaning of this Act. 4 It shall be lawful 'or the Governor b tako so much of the lands wi hin any such proclaimed <list,:,- -,s he shall thr>k nfoassarv for the purposes hereinafter mentioned and either to sell the same or anv p irt thereof to purchasers or to convey the same rr nnv part theie d f> trustees to be held in trust r-r the T'urpose-. hereinafter mentioned and nil mndi 11,-en shall becom- demense lands of the Crown and it shall be lawful for the Governor to issuo ' r w i grants for all such ianda to such purchasers or i-u--e'S~ And such ("rown prants shall convey th» fee simple thereof and shall constitute a valid and efte tual title to the lands named therein. n. In takins any such land regard shall be had so far as rouble to the several degrees in which the owners'thereof shall have been implicated m the said crimes or in concealing orprotecting the perpetrators of the simc from justice so that the land of the principaU in anv such crime shall he taken first and before taking any such land the Governor shall appoint one or more commissioners being competent persons whn shall inquire and report to the Governor what lands are the property of each person concerned in such crime or in concealing or protecting such criminals. , G It shall not bo lawful for the Governor to tako under the authoritv of this Act any land being the sole property of any person who vws absent from the district and was not concerned in such crimo of concealing such criminals or who may have endeavoured bv "ivTng information or otherwise to aid in giving up such criminals or suspected criminals to justice And if anv such person shall have any joint interest or interest in common in any land which shall be taken undo" the authority of this Act he shall be entitled to compensation for the loss of such interest to be assessed'by the Nativo Lands Court. 7. If "after the Governor shall have taken any lands under the provisions of this Act the chiefs and oth«r inhabitants of the district shall desire to retain possession of such lands and shall agree with tho Governor to make an annual payment in money in lieu of such lands it shall be lawful for the Governor to m-ike such agreement Provided that if at any time such paymentlshall be in arrear of the time specified in such agreement it shall be lawful for the Governor to take possession of such lands and to deal with tho same as if such agreement had not existed. 8 *11 moneys arising from the sale "letting or other disposal of any lands taken under the authority of this Act shall be paid by the trustees or other persons receiving the same to the Colonial Treasurer and shall bo applied in such manner as tho General Assembly Bhall direct to the following uses and to none other :— .. (1). To make provision for the widows children ' parents unmarried sisters of or other relatives dependent for their support upon any person whose life may have been lost by any such crime. (2.) To compensate any person who may have eiiffered personal injury or any loss or damage of goods by any such crime. (3 ) To compensate any person who may have lost an interest in land as hereinbefore mentioned taken under the authority of this li.) To defray the expense incurred in arresting and bringing to justice any such criminals as aforesaid. (5.) To pay the salaries of magistrates police officers and constables in such district. (6.) To erect such building as may be necessary for the maintenance of such polico and for the administration of justice within such district. (T.) To establish and maintain hospitals within such district. ;i. I f the native chiefs and other inhabitants within any district of the colony shall agree with the Governor that a certain part of the lands within such district over which 'he native title Bhall not have b-en extinguished Bhall be set apart and dedicated for ever for the purpose of maintaining order within such district the Governor Bhall cause tho title to meh land to be referred to the Ntlivo Lands Court. And if the owners thereof in whos-. favour the oerti-fic-tte of tho Native Lands Court shall have been issued sh»U by a deed under their hands consent to the appropriation of the said laud in the manner ;sf .re-riid it shall be lawful for the liovcrnor to issue a Crown trant conveying such land t" trustees to be lie''l in trust lor the following purposes that is to say: —- (1.) To pay the salaries of magistrites police officers and conrt ibles within such di trict. (I) To erect such buildings as may be necessary f it the maintenance of such police and for the administration of justice within Buch district. (3.) To establish and maintain hospitals within such district. Piovidcd that if tho Baid owners and Governor shall ugrco that any part of the said lands may bo sold for the purpose of raising funds for tho erection of buildings or other necessary works for carrying out the objects herein described it Bhall be lawful for the trustees to sell any Buch lands and to convey the same to the purchasers thereof. 10. The trustees to whom any lands shall be conveyed in trust by the Governor under the authority of this Act shall have power to let any auch lands or anv part or parts thereof on lease on such terms and conditions and for such periods and subject to Buch rent ns the Governor in Council shall determine. 11. The Governor shall havo power by warrant under his hand at any time and from time to time to remove any tjustee to whom any eucli land has been convoyed on trust as aforesaid and on the death resignation or removal of any such trustee to appoint by warrant under hio hand any other person m rthe place of the trustee who shall have died resigned or been removed and such person so appoiuted shall imwdiatelv upon such appointment become seized of and entitled to.such land jointly with any remaining trustee subject howevor to the trusts upon which the •2nd was originally conveyed by the Governor.