| 53. | Court to be satisfied that alienation valid. Subject as hereinafter mentioned, the Court may confirm any alienation of land upon being satisfied,—
| (1.) | That the same is not—
| (a.) | A dealing prohibited by any law for the time being in force; |
| (b.) | Contrary to equity and good conscience; |
| (c.) | A breach, or in contravention, of any trust to which the land is subject; |
| (d.) | In contravention of any restriction on the alienation of such land; |
| (e.) | Made in consideration wholly or partly, directly or indirectly, of the supply, or promise of supply, of any intoxicating liquor, or weapons or munitions of war; |
| (f.) | That such land is not the subject of a notice under the provisions of "The Native Land Purchases Act, 1892," or "The Land Purchase and Acquisition Act, 1893": |
|
| (2.) |
| (a.) | That the title thereto is ascertained; |
| (b.) | That the consideration has been paid or given; |
| (c.) | That, apart from the land affected by such alienation, each Native alienating, other than a half-caste, has sufficient land left for his support, and that each halfcaste alienating has sufficient means of support derivable from land or otherwise; |
| (d.) |
That, before the deed evidencing or effecting such alienation was signed by each Native alienating, it had indorsed thereon a plan of the land affected thereby, and a statement in the Maori language, certified by a page 15.gif) licensed interpreter as correctly setting forth the effect of such deed; and
The effect of such deed was explained by a licensed interpreter to each Native before signing the same;
|
| (e.) | That the signature of each Native to such deed is attested by the Commissioner of Crown Lands or the Native Lands Administration Officer, or a Justice of the Peace, Postmaster, or a solicitor of the Supreme Court not concerned in the transaction, and the licensed interpreter who interpreted the effect of such deed to the Native alienating. |
|
|
| 54. | Any Judge may confirm any alienation, although the requirements of subsections two (d) or two (e) of section fifty-three have not been complied with,—
| (1.) | If he shall be satisfied that such non-compliance has not prejudiced any Native alienating; |
| (2.) | Court may dispense with formal execution. If a Justice of the Peace, or solicitor of the Supreme Court not concerned in the transaction, attesting the signature of any Native to such deed, shall certify that such Native has a knowledge of the English language sufficient to enable him to understand, and that he does understand, the effect of the transaction. |
|
| 55. | Confirmation necessary to registration. No deed effecting an alienation shall be registered until a confirmation order shall have been indorsed thereon: Provided always that a certificate by a Judge attesting the execution of a deed by a Native, that he has satisfied himself that the alienation thereby effected is in accordance with law, shall have the same effect as a confirmation order. |
| 56. | Confirmation of deeds heretofore executed. A confirmation order may be granted in respect of any deed executed before the passing of this Act, on proof that such deed was executed, and that the alienation thereby effected was in accordance with the law at the time of such execution. |
| 57. | Efiect of indorsement by Trust Commissioner on instrument. Every instrument indorsed by a Trust Commissioner as approved in terms of "The Native Land Frauds Prevention Act, 1881," or any Act amending the same, shall be deemed to have been confirmed by the Court within the meaning of this Act, and no further confirmation shall in such case be required. |
.jpg)
