1865.
No. 71.
The Native Lands Act, 1865.
"An Act to amend and consolidate the Laws relating to Lands in the Colony in which the Maori Proprietary Customs still exist, and to provide for the ascertainment of the Titles to such Lands, and for regulating the Descent thereof, and for other purposes."
[30th October, 1865.]
Analysis.
| Title. |
| Preamble. |
| 1. | Short Title. |
| 2. | Interpretation. |
| 3. | Repeal of Acts and Ordinance. |
| 4. | Inchoate proceedings to be completed under this Act. |
I. Constitution of Court.
| 5. | Native Land Court. |
| 6. | Constitution of Court. |
| 7. | Salaries of Judges. |
| 8. | Salaries of Assessors. |
| 9. | Travelling allowances. |
| 10. | Other officers. |
| 11. | Seal of Court. |
| 12. | One Judge and two Assessors empowered to act judicially. |
| 13. | Administrative business sad notices. |
| 14. | *Rules may be made. |
| 15. | Power to summon witnesses and punish for contempt. |
II. Juries.
| 16. | Juries may be ordered. |
| 17. | Mode of forming a jury. |
| 18. | Challenges. |
| 19. | Juror's declaration. |
| 20. | Verdict. |
III. Jurisdiction and Duties of the Court.
The Native Lands Act, 1865.
(1.) Investigation of Titles.
| 21. | Claim to be made by Native. |
| 22. | Notice of claim and of sitting of Court thereon. |
| 23. | Court to try the claim and order a Certificate of Title or refuse to do so. |
| 24. | Two or more certificates may be ordered under one claim. |
| 25. | Land to be surveyed and marked off previously to order of certificate. |
| 26. | Form and authentication of certificate. |
| 27. | Power to Court to make interlocutory order. |
| 28. | Court may recommend to the Governor restrictions on alienability. |
| 29. | Certificate to be forwarded to Governor. |
The Native Lands Act, 1865.
(2.) Succession to Hereditaments.
| 30. | Court may ascertain proper representatives of owner dying intestate. |
| 31. | Sittings of Court to be notified. |
| 32. | Court to make order. |
| 33. | Form and authentication of order. |
| 34. | Effect of order. |
| 35. | Order to be recorded and may be registered. |
The Native Lands Act, 1865.
(3) Intertribal Boundaries.
| 36. | Tribes desiring intertribal boundaries to be defined may apply to the Court. |
| 37. | Court may inquire and decide. |
| 38. | Boundary line to be surveyed. |
| 39. | Effect of order. |
The Native Lands Act, 1865.
(4.) Ajudication generally respecting Native Land.
| 40. | Court to determine references from Supreme Court. |
| 41. | Effect of decision. |
| 42. | Claims to Native Land may be heard. |
| 43. | And certificates issued to claimant thereupon. |
| 44. | Effect of such certificate. |
| 45. | Similar jurisdiction as to succession to Native land. |
IV. Crown Grants.
The Native Lands Act, 1865.
(1.) On Certificate of Title.
| 46. | Grants to be issued. |
| 47. | Purchaser of part of land in a certificate may obtain Crown Grant. |
| 48. | Effect of grants. |
| 49. | Copy of grants to be sent to Commissioner of Crown Lands. |
The Native Lands Act, 1865.
(2.)Sub-division of Hereditaments.
| 50. | On application of owners of hereditaments Court may order a sub-division. |
| 51. | Surrender of old grant need not be formal. |
| 52. | Record of original grant and grant to be cancelled. |
| 53. | Effect of cancelling. |
| 54. | Effect of new grant. |
V. Duties and Fees.
The Native Lands Act, 1865.
(1.)Duties.
| 55. | Duties to be paid. |
| 56. | Duties to be paid into Treasury. |
| 57. | In case of dispute Chief Judge to decide. |
| 58. | Transfer invalid until duty paid. |
| 59. | Penalty on expressing in Deed less than the consideration money. |
| 60. | Penalty on persons falsifying consideration money. |
| 61. | Registrar may require oath to be taken of amount of consideration money. |
The Native Lands Act, 1865.
(2.)Fees.
| 62. | Fees payable. |
| 63. | Payment may be postponed and secured. |
| 64. | Costs may be awarded. |
VI. Appropriation of Funds.
| 65. | Duties, &c. to be paid into Treasury. |
| 66. | Appropriation thereof. |
VII. Surveys.
| 67. | Surveyors to be licensed. |
| 68. | Court may order grant to be delivered to surveyor. |
| 69. | In case of dispute Court may decide. |
| 70. | Costs of surveys may be apportioned. |
| 71. | Surveys may sometimes be dispensed with. |
VIII. Miscellaneous Provisions.
| 72. | Notices, &c., emanating from Court. |
| 73. | Persons named in Order to receive a copy gratis. |
| 74. | Instrument to be interpreted and executed before Judge or a Justice. |
| 75. | Contracts for purchase of Native Land void. |
| 76. | Reserves for roads, &c. |
| 77. | Advances may be made to Natives for surveys. |
| 78. | Act not to interfere with Land Claims Act. |
| 79. | Nor with "Native Districts Regulation Act, 1858," or "Native Circuits Courts Act, 1858." |
| 80. | Nor with "New Zealand Loan Act, 1858." |
IX. Appral.
| 81. | Governor in Council may order a re-hearing. |
X. Extraordinary Provisions.
| 82. | Manawatu Block excepted from this Act. |
| 83. | Agreement in esse for cession of territory may be completed. |
| Schedule. |
Clause III repeals "The Native Land Purchase Ordinance, Session VII, No. 19," "The Intestate Natives Succession Act, 1861," "The Native Lands Act, 1862," and "The Native Lands Act Amendment Act, 1864."
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