NATIVE LAWSUITS BILL.

Poverty Bay Herald, Volume VI, Issue 933, 25 October 1879, Page 2

NATIVE LAWSUITS BILL.

INTRODUCED TO THE NJJW PATtt.fiMnyfr BY MR. AU.AN MCDONALD, M.ti.R. I The annexed is the draft o/the Naflv% Lawsuits Bill, which is to come. before Parliament to be accepted as it at present stands, or to, be amended or rejected. A meeting convened by circular has been calledby-Mr, W. K. .. Chambers,~to Ma** cuss the provisions of the Bill, at Makaraka, on Saturday next at three Vclockj at the Roaeland Hotel. - — — « Whereas in seVeral parts of the colony purchases of land have been made, or are alleged to have been; made, jfrfem aboriginal owners, and disputes > and differences in reference .. thereto have since arisen between' ttte allegedSrenaors and purchasers : And whereas in many . cases suits have been commenced, in the: Supreme Court, but it ia found that the mode of procedure therein in ordinary cases is not adapted for the; determination of fluoh disputes and differences as aforesaid, and it is expedient that special provision should be made for the determination thereof : ... .'. n Be it therefore enacted byHhe General Assembly of New Zealand in Parliament assembled, and by authority of the same, as follows : — ■• ■ ■ 1. The short title of this Act is " The Native Lawsuits Act, 1879." ■ -.^p. 2. It shall be lawful for the Governor in Council to appoint by commission one of the Judges of the Supreme Court to exercise the jurisdiction conferred by this Act, or, if he shall see fit, to appoint under section seven of "The Supreme Court Judges - > 'Actj ; j1d58,"---another Judge of the Supreme Court to. exercise the said jurisdiction, ; and any Jugde so to be appointed is, hereinafter referred to as *« the Jud>e\ "*' u IT? ' 3. The Judge shall have jurisdiction to try all eases in which any disputes or differences exislbetween^uropetas^d Maoris, in reference torjghts, titles, and interests in or ib land held under' heretofore derived through the Native EandXdart,*6FTfeferretl"t?rana"in'cl«aed in the fourth section of " The Native . Grantees Act, 1873," according to the" law and equity of the icwej as adminis-' tered by the' Supreme Court ; and shall direct himself ' by the best evidence jihat can be procured >or thafia . laid Hefore him, whether the same be such evidence as law would require in ■ other cases or not : Provided always that any party to ' any suit or - proceeding ■ hereunder shall have full power to avail himself of any grounds of law or equity which he may please to use, in the same way as he could use the same in any ordinary case in the Supreme Court, and judgment shall in all oases be delivered as it would be in the Supreme Court if such grounds were taken..] ,-...', ./ . : . , , * 4. The Judge shall, determine all questions of fact as well of law, except* in oases heard, before Assessors is here*' i'nafter provided; ' . 5. It shall be lawful for the Judge to give such judgments and make such orders' upon such terms and conditians as he may think fit, for all or any of the purposes following : — . (1.) For the completion of any con- " I tract or arrangement -fbrf the ■ . . isale and purchase or lease of ■ . ■ Buch land as aforesaid. ■•• (2.) For declaring any contract null and void. .. (3.) For. the apportionment of any such land between the two ■ parties in litigation. (4) For the payment by the Maoris : ' ; of any moneys which they may have received under any contraot for the sale or leasing of such land, when such sale or' '.'..■ leasing has not been fulfilled. " (5.) For vesting in any' person the whole or any portion of such . land for an estate of fee-simple in possession, or for any lesser estate. • , And every such judgment or order, i shall have the full force and effect of a judgment, or order of the Supreme Court, and shall in all respects be subject to and enforced by the law in force in relation to such judgments or order. 6. When any of the parties to any suit Bhall {require that the same shall be heard by the Court with the aid of Assessors, they shall make application'to the Judge, who shall thereupon make an order to that effect. , '„.-, 7. Eaoh party shall thereupon name some person) being duly qualified as a common or special' juror, whom he appoints to acts as Assessor in the suit, and when a case is heard ? before Assessors it shall be necessary thai one Assessor, or if there be more than two, then the majority in number of such Assessors, shall concur with the Judge, in order that the judgment may be given or an order made. •'> < t 8. In all such cases if no judgment can be given . in consequence of the Judge and one Assessor, or majority of Assessors, not being able to concur, then the case shall be adjourned to a future day, and shall be heard then, ox on a further day to be appointed by the" Judge, who shall then Bit with fresh Assessors named as aforesaid, and so on mutatis mutandis. 9. The Governor in Council ; shall have power from time to time to make, amend, alter, - and repeal, rules of practice and procedure hereunder, which rules shall be published in the New Zealand Ghzette. 10. In all cases the Judge . shall have the same power and functions generally which a Judge of the Supreme Court has in ordinary cases, and may make the like orders ; and also have power to make orders for posts, which he may either fix at the hearing, or order to be taxed by the Registrar of the Supreme Court in the district in which the respective suits or proceedings may be conducted ; all which orders shall have the same effect, and be enforced, as if , made in ordinary cases by Judges of the Supreme Court. 11. All suits at present existing in the Supreme Court, may, on the application of either party, be continued ' and completed under this Act, and all costs heretofore incurred may be ascertained by taxation, and made costs in the cause. 12. Where any question shall arise in the hearning of any case in the Supreme Court which under the existing law would require to be sent to the Native Land Court for determination, then, and in all such cases, the Judge of the Court last named shall call in the aid of two Assessors appointed under "The Native Land Aot, 1873," and with such aid may determine the said question ;

Providedthat such determination^^aji all be made by the last aforesaid Jsm^ t together with one Assessor, and judgment shall be subject to the ordinary rules^regulating rehearings in cases heard^by^the Native Land Court ; and in case such Judge and one Assessor cannot agree, the same procedure Bhall be followed as hereinbefore in section eight of this Act ■■-■-■■