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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

Construction of Act

Construction of Act.

26.Section seventeen of the Act shall be read and construed Section 17 of the Act to be read subject to regulations. subject to any regulations for the time being in force under the Act specifically regulating the mode of procedure with regard to any particular class of business.
27.Section forty-six ot the Act shall not apply or be deemed Section 46 of the Act not to apply where testator has died before passing of the Act. to have applied in any case where the testator died before the passing of the Act.
28.Section sixty-two of the Act shall be read and construed Section 62 of the Act amended. as if the words "except as provided in the preceding section" had been omitted therefrom.
29.Section sixty-five of the Act shall be read and construed as Section 65 of the Act amended. if the words "Chief Surveyor" had been used therein instead of the words "Commissioner of Orown Lands."
30.Section sixty-seven of the Act shall be read and construed Section 67 of the Act amended. as if the words "on behalf of the Crown" had been inserted after the words "Survevor-General" in the second line thereof.
31.Section one hundred and seventeen of the Act shall be read Section 117 of the Act amended. and construed as if the words "in this Act" had been used instead of the word "hereinafter," in the first line thereof. And it is hereby Nothing therein to take away or restrict jurisdiction of Court. expressly declared and enacted that nothing in the Act shall be construed to take away or restrict, or in any manner to have taken away or restricted, any jurisdiction, power, or authority conferred or expressed to be conferred on the Court, or on the Appellate Court, by the Act.page 8
32.Section 118 of the Act amended. Section one hundred and eighteen of the Act shall he read and construed as if the words "two years" had been read instead of in twelve months" in the sixteenth line thereof.
33.Right of testamentary disposition by Natives not taken away. Nothing in the Act shall be deemed to have taken away any right of testamentary disposition by any Native, subject to the provisions of seetion forty-six of the Act: Provided that land acquired by virtue of any will or testamentary disposition after the passing of this Act shall not be deemed to be land acquired by testamentary disposition within the meaning of section one hundred and No interest to pass by unwritten will. seventeen of the Act. No interest in land or personal estate shall pass by any unwritten will or ohaki.
34.No interest in land to pass by bankruptcy of Native owner. Subject to the foregoing provisions with regard to debts and liabilities incurred before the passing of the Act, the term "acquire," in section one hundred and seventeen of the Act, shall extend to and preclude the acquisition by any person under any adjudication in bankruptcy of land owned by a Native.
35.Section 120 of the Act: Definition of "lessee." The term "lessee," in section one hundred and twenty of the Act, shall include and shall be deemed to have ineluded the executors, administrators, and assigns of a lessee.
36.Section 120 of the Act amended. Section one hundred and twenty of the Act shall be read and construed as if the words "two years" had been used instead of "one year" in the fifth line thereof, and as if the words "one thousand eight hundred and ninety-six" had been used instead of the words "one thousand eight hundred and ninety-five," in the third line thereof.
37.Second Schedule to Act: Heading amended. The heading to the Second Schedule of the Act is amended by substituting the words "Land excepted from the Provisions of Section 118 "for the words" Native District wherein Land is subject to this Act," and the said Sehcdule shall be read and construed as if the heading hereby substituted had been the original heading thereof.