The Pamphlet Collection of Sir Robert Stout: Volume 67

Disposition of Moneys

Disposition of Moneys.

49. All moneys accruing under the provisions of this Act from

Moneys received by Commissioner to be paid to an official account

sales or leases of disposable lands or otherwise shall be paid to the Commissioner, who shall day by day, or at such times as rules may prescribe, pay the same into such bank as the Governor directs, to the credit of an official account of the Commissioner therein, to be called the "Native Land Fund Account."
50. Such account shall be operated on only by cheque, signed by

Money to be drawn by cheque only

the Commissioner, or in such manner as rules may prescribe.
51. Such moneys shall be deemed to be public moneys within

Money to be deemed public moneys

the meaning of "The Public Revenues Act, 1878" and the Acts amending the same, and all the provisions of the said Acts in relation to public money and persons dealing therewith, except as otherwise provided by this Act, shall apply to moneys accruing under this Act, and to persons dealing with the same.

Accounts to be kept by Commissioner

52. The Commissioner shall keep full accounts of the receipts and payments of such moneys in such form as the Controller and Auditor-General directs, and shall show therein separately the receipts and payments in respect of each parcel of disposable land dealt with under this Act, and shall, at the end of every month, send to the Audits Office a copy or abstract of such accounts in such form as the Controller and Auditor-General directs.

Payment of moneys to owners, etc.

53. Moneys received by the Commissioner as purchase money or rent in respect of each parcel of disposable land, shall, so soon as convenient, be paid to the owners in the manner following:—
( a.) On the payment to the Commissioner of the proceeds of any sale or lease, he shall hand to the Trustees a document in the form B in Schedule 2 hereto, which shall contain, in the first column, the names of each family having a claim to a share of such money, and a second column ruled for the entry of money, and a third column for the signatures of the persons entitled to receive such moneys. The Trustees shall forthwith proceed to convene a meeting of all the families interested in the division of such money, and shall submit a scheme of sub-division to them. If this is agreed to, the families so agreeing shall have the amount payable to each placed opposite their respective names, and shall signify their assent thereto by signing their names is the third column, and in the case of there being any dissentients they shall sign their names in a fourth column; such document, when completed, shall be given by the Trustees to the Commissioner who shall fix a day fur the payment of the money, if all have agreed to the division thereof, or to hear and determine the matter in dispute between the families entitled to receive such monoy. On the question being finally arranged, the Commissioner shall enter in the fifth column the amount of money payable to each family, and in the sixth column shall take the receipts of the members of each family for the amount paid to them. If any dispute shall then occur between the members of any family as to their individual shares in such money, the Commissioner shall forthwith divide the money equally among them. An arrangement once made for the division of rents shall be irrevocable during the continuance of the lease under which they accrue.
( b.) There shall be deducted from all purchase money so payable to the owners under this Act a sum equal to ten pounds per centum, and which shall be paid to Her Majesty towards the costs of surveys, and other necessary expenses for giving effect to this Act.
( c.) There shall be deducted from all rents so payable to the owners under this Act the sum of five pounds per centum on the capitalised value of any lease thereunder. For the purpose of capitalising the value of the rent so payable, every lease made under this Act shall, whether it be fur a shorter or a longer term, be deemed to be a lease for twenty-one years, and the value thereof, when capitalised shall be the present value of an annuity or annuities of the same annual amount as the rent or rents, and payable for the same periods. Rent, for the purposes of this Act, being doomed to be payable yearly, and at the end of the year, and interest being calculated at the rate of five pounds per centum per annum. On the expiration of the first term for which any lease shall have been made, no further deductions from the rents payable to the owners shall be made on behalf of the Crown on any renewal of such lease, or any further demise of the lands comprised in the original lease.
54. The Commissioner shall pay all moneys so deducted into the

Moneys deducted to be paid to Consolidated Fund

Public Account to the credit of the Consolidated Fund.
55. Moneys accruing to owners, and other Natives having estate

Moneys belonging to persons under disability, how disposed of

in disposable land, respectively, under disability, may be apportioned by the Commissioner, with the assistance of the Trustees of such persons under disability: firstly, to provide necessary clothing and maintenance for the cestue que trust; secondly, for the investment of the balance of such moneys in Government, or such other securities as may he agreed on between the Commissioner and the Trustees in every such case.
56. Moneys retained by the Commissioner by reason of his being

Moneys retained to be invested

unable to distribute them to the persons entitled thereto, shall be, without delay, invested by him in Government securities until they ran be distributed, together with all interest accrued in respect thereof.
57. The whole or any portion of the proceeds of any disposable

At request of owner money may be invested

land dealt with under this Act, payable to the owners, may, upon a request made to the Commissioner in writing by any owner or owners of any such disposable land, be invested by him to the best advantage for the benefit of the owner or owners signing such request, in such proportion as may be determined on, or the share of proceeds accruing to any owner may at his request be expended in the purchase of an annuity for such owner, or the Commissioner may, at the request in writing of any owner or owners, deal with his or their share or shares of the proceeds of any disposable land as may be otherwise desired by such owner.
58. All moneys authorized to be invested by the Commissioner

Investments to be approved by Controller and Auditor General

shall be invested in such manner as the Controller and Auditor-General may approve generally, or specially in any particular case, and shall be invested in the joint names of the said Commissioner and Controller.
59. The Commissioner, on the thirty-first day of March in every

Commissioner to furnish annual report

year, shall furnish to the Minister of Lands a report giving a full statement and account showing as to each parcel of disposable land all dealings had therewith, and all moneys received and disposed of by him under this Act in relation to such disposable land.
60. A copy of such report shall be laid before each House of the

Copy to be laid before Parliament

General Assembly, as soon as may be after its receipt by the Minister.
61. Any land the subject of a Certificate of Title, made under

Respecting lands subject of certificate under section 17, Act of 1867

the seventeenth section of "The Native Land Act, 1867," or under a Crown Grant issued in lieu of such certificate, where it still remains the property of Natives, and is not subject to any agreement of sale, or to a current lease, may be dealt with in the manner following.

Leased lands may be similarly dealt with

63. Any such land now the subject of a lease may, on the expiration of the term of such lease, if not renewed, be dealt with in the manner prescribed in the previous section.

To remove doubts as to validity of certain conveyances and leases heretofore made

64. Doubts having arisen as to the validity of certain conveyances and leases and documents purporting to be agreements for sales or leases heretofore made of lands, held by Certificate of Title under the seventeenth section of "The Native Land. Act, 1867," and by Memorial of Ownership under the provisions of "The Native Land Act, 1873," because some of such conveyances, leases, and agreements were not executed by, or assented to, by all the persons holding interests therein as provided by the above recited Acts. It shall be lawful for the person claiming under such conveyances, or leases, or agreements, to submit the same to the Commissioner within three months from the passing of this Act, who shall make inquiries similar to those which a Trust Commissioner under "The Native Land Frauds Prevention Act" is empowered to make. If, on such inquiry, the Commissioner shall be satisfied of the bona fides of the transactions, and of the sufficiency of the consideration or rent set forth in such instruments of title, he shall thereupon endorse a certificate on such conveyance, or lease, or agreement, that he has made the necessary inquiries under this Act, and is satisfied with the result thereof, and shall sign his name and affix his seal thereto, whereupon the purchaser or lessee shall be at liberty to register such deeds in any office for the registry of deeds or land transfers.

On Commissioner refusing to certify further action may be taken

65. If a Commissioner shall refuse to grant a certificate for any such land the same proceedings may be taken as provided in section 24 hereof with respect to incomplete titles.

Respecting removal of restrictions

66. Where any Crown Grant which has been issued for any land the Title whereof was derived through the Native Lands Court, or through any other duly constituted tribunal authorised to deal with Native or Confiscated Lands, is subject to any restriction on alienation by sale or lease, the owner, or any of the owners thereof, may apply to the Commissioner to have such restriction removed. Whereupon the Commissioner shall make inquiry into the circumstances of the case. If he considers that it would be expedient, and for the benefit of the owners to remove such restriction, he shall transmit the application, together with his recommendation thereon, to the Chief Commissioner for his approval. On such approval being made, the application shall be forwarded to the Minister for Lands, who, if he shall deem fit, may recommend the Governor to remove the restriction On the removal of any such restriction, the land forming the subject thereof shall become disposable land under this Act. If the Commissioner shall object to recommend the removal of the restriction, or if the Chief Commissioner shall disapprove of it, the application shall be dismissed.