Page 4 Advertisements Column 2

New Zealand Herald, Volume V, Issue 1396, 9 May 1868, Page 4

3riginal Award made in the case of James 3usby, Esq., by two of the three Arbitrators ippointed under "The Land Claims Arbiiration Act, 1867," upon the issues referred ;o them. ' I have, &c., Dajoel Polles". Sis Honor the Superintendent of the Province of Auckland. To all to whom these presents shall come, we Samuel Jacksox and James Tannock Mackelvie, both of Auckland in the Colony of New Zealand, Esquires, Send Greeting. WHEREAS by an Act of the G-eneral ■ Assembly of New Zealand. Number Fifty three of Session Thirty one intituled " An Act to empower the Governor to submit certain land claims to arbitration " after reciting in the preamble thereof that James Busby off Waitangi in the Province ol Auckland : did in or about the year One thousand eight hundred and thirty nine and at ! divers other timespurchasefrom the Native Chiefs of the North Island of New Zealand certain tracts of land at the Bay of Islands Ngunguru Whangarei and Waipu in the Province of Auckland in the said NortV Island of New Zealand for which said lane he paid to the said Native Chiefs large sums of money and gave other considerations foi the same and that a considerable portion o the lands so purchased by. the said Jame.' Busby as aforesaid had been sold by the Government to other persons whereby th< said James Busby had been deprived of the same and - 1 that certain : of the lands s( purchased' were withheld by the Govern ment from the said James Busby and hi: title to others had been impaired by thi Government and that other complication; had arisen and that the said James Busby ha< special claims against the Crown of a naturi which were distinct from the claims of an; other person whomsoever and that it wa expedient that provision should be made fo the final settlement of the claims of the sai< James Busby it was inter alia enacted tha (the said James Busby giving the notici within the time and in the manner thereb; required) it should be lawful for the Governo any Act or Ordinance of the New Zeal an Legislature notwithstanding and for the sai Jaines Busby to refer the said matters (bein the matters referred to in the said preamble to arbitration and that (within a titn specified) three indifferent persons should b elected and chosen one by each of them th said James Busby and the Colonial Secretar and the third by the Arbitrators so chosc and that the Award of the said Arbitrator or of any two of them as the case might b should be final and conclusive and shoul not : be set aside on any grounds whatsoevc and that the only issues which should b referred and on which an Award should b made should be the issues hereinafter met tioned and that the said Arbitrators shoul have power inter alia to determine by whoi and in what manner the costs of th Arbitration should be paid and that it shoul be lawful for the Governor in satisfaction < the Award of the said Arbitrators to issi. to the Baid James Busby a Crown Grant c Crown Grants of any lands comprised witlii his original claims and remaining unsold an further to issue in respect of the aforesai claims (being the claims last mentioned) c damages such amount of laud scrip in sue form and for such sums as should be awardc and directed by the said Arbitrators whic land scrip should be received in payment ft any lands to be selected by the said Jamc Busby within the said Province of Aucklan out of any lands open for sale or selectio under the provisions of the law for the tin: being in force within the said Pro vine •relating to the disposal of the waste lands ( the Crown : And whereas by an instrumei in writing • bearing date the Twcnt ninth day of November One thousau eight hundred and sixty-seven made i pursuance ■ of the said Act between BE: ■Excellency Sir • George Grey K.C.B. the Governor of -New' Zealand and the sai James Busby and "under the hand of th said Sir George' Grey and the said Jamc Busby .after reciting partly as hereir before is recited and • that the same Jamc Busby had signified he was willing that hi claim against' the Crown should be finall settled and that the said James Busby ha selected and 1 chosen me the said Samui Jackson to be an Arbitrator and the Colonir Secretary had elected and chosen Danie Pollen Esquire of Auckland to be an Arbi trator and that I the-said Samuel Jacksoi and the said Daniel Pollen had clected an chosen me the said James Tannock Mackelvi to be f an ! Arbitrator the Said Sir George Grc; the Governor did by the now reciting instru ment'refer and the said James Busby dii thereby also refer to the Award and fina determination of the said Samuel Jacksoi Daniel Pollen and James Tannock Mackclvii or any two of them in respect of the scvera matters'referred to in the preamble to tin said Act the following Issues "Is the saic " James Busby entitled to any and if any t( " what quantity of land in respect of hii "said claims at the Bay of Islands Ngungurv " "Whangarei and Waipu and has the saic " James Busby suffered special damages ir "respect to any of the said claims" NowwethesaidSAanjEL Jackson and James Tahnock Mackelvie two of the Arbitrators duly appointed as-hereinbefore is recited in pursuance-of the" said Act and under the saidi instrument in writing having together with-the said Daniel Pollen taken upon ourselves the : burthen "'of the reference having duly- weighed aud : con sidered the said Act aiitl.the po',Vera thereby Conferred on us the matters of fact referred to and admitted in the preamble thereto the Issues comprised in. the- 'fifth Section : thereof aud also the ninth section: of the said Act more especially so fftr as relating'to 1 the Award of the Arbitrator's and isiims to ; be awarded the aons 'of the ,said James Busby and the.proofs vouchers ,and documents which have been produced Do, hereby jointly in exercise of he power on us conferred by the third Section-of the said-Act make and publish >ur Award in writing of and concerning the iremises in manner following that is to say As-to the first Issue referred we do award ,nd adjudge I.- .That the . said James Busby is well ntitled to nine-thousand three hundred and eveilty^four acres of land at the Bay of elands within the boundaries of his several laims for land at the Bay of Islands urch'ased from. Natives by him aa the same re delineated by. the. drawn on Cro\ys. rrants dated respectively the sixteenth day f May one thousand eight hundred and