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New Zealand. Analysis.
| Title. | |
| 1. | Short Title. |
| 2. | Interpretation. |
| 3. | How deeds executed by Natives are to be verified. Exception as to half-castes. |
| 4. | Duties of Trust Commissioner. |
| 5. | Dealings with Native land prohibited until ownership ascertained. |
| 6. | Notice to be given when ownership has been ascertained. |
| 7. | Penalty for entering upon prohibited dealings. Prohibited transactions illegal and void. Prosecutions only with prescribed sanction. |
| 8. | Rights of the Crown not to be prejudiced. |
| 9. | Repeal. |
| 10. | Debtor secured sufficient land for his maintenance. |
1888, No. 38. An Act to amend "The Native Lands Frauds Prevention Act, Title. 1881."
[30th August, 1888.
Be It Enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
| 1. | The Short Title of this Act is "The Native Lands FraudsShort Title. Prevention Act 1881 Amendment Act, 1888," and this Act shall be read and construed as part of "The Native Lands Frauds Prevention Act. 1881" (hereinafter called "the said Act"). | ||||||||
| 2. | "Native land" and "land" in the said Act, and "land" inInterpretation. this Act include all land held by Natives under any title, except land held by Natives under their customs or usages, the title whereto has not been determined by the Native Land Court; and "Native land" in this Act includes only land held by Natives under their customs or usages, the title whereto has not been determined by the said Court. | ||||||||
| 3. | A deed executed by a Native shall have no effect as a conveyance or lease by such Native of land, or of any estate therein, to a person not a Native unless—
Exception as to half-castes. Provided that a deed executed by a half-caste shall, as to such execution, only require to be executed with the formalities required by law in the case of a deed executed by a European, where, by a memorandum indorsed on such deed, it is certified by a Justice of the Peace that such half-caste has a knowledge of the English language sufficient to enable him to understand such deed.
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| 4. |
Duties of Trust Commissioner. Clauses six and fifteen of the said Act are hereby repealed, and in lieu thereof it is hereby enacted:—
Every Trust Commissioner shall hold a Court open to the public for the purpose of investigating cases that may be brought before him in accordance with the said Act and this Act, and with any rules made thereunder; and if, upon due inquiry, the Trust Commssioner is satisfied that the alienation is not invalid according to the true intent and meaning of the said Act and of this Act, that the consideration purporting to be paid or given has been paid or given, that the Natives interested in the land the subject of alienation have sufficient land left for their occupation and support, and that the instrument purporting to give effect to such alienation is executed with the formalities required by this Act he shall indorse on the principal or only instrument a certificate under his hand to that effect. No deed or other instrument of alienation shall be registered in any registry of deeds or land, or lodged with a Native Land Court Registrar, without such indorsement. |
Prohibited Dealings With Native Land.
| 5. | Dealings with Native land prohibited until ownership ascertained. It shall not be lawful for any person to negotiate, either on his own behalf or as agent or trustee for any other person, for the purchase, conveyance, transfer, lease, exchange, or occupation of any Native land, or of any land, or any estate, right, title, or interest therein, or for any agency or authority to deal therewith or in relation thereto, unless such land is now owned under Crown grant, memorial of ownership, or certificate of title issued under either a Native Land Court Act or a Land Transfer Act to not more than twenty Natives, or unless such land shall hereafter become and shall have been so owned for fortv days. |
| 6. | Notice to be given when ownership has been ascertained. Forthwith upon any land hereafter becoming owned by not more than twenty Natives as aforesaid, it shall be a duty of the Chief Judge to notify the same in the Gazette, and also the name and description of the land, and the time when the said forty days will expire. |
| 7. |
Penalty for entering upon prohibited dealings. Any person who, on his own behalf or as agent or trustee for any other person, shall take or accept any conveyance, lease, transfer, gift, or other assurance from any Native, whether to himself solely or to himself and others, of any Native land or of any land not page 29
 heretofore owned as aforesaid, or which becoming hereafter so owned, shall not have been owned for forty days as aforesaid, or who shall be a party to any negotiation, agreement, contract, or promise for the making to him, or to him and others, or to any other person, of any such conveyance, lease, transfer, gift, or other assurance, or for the accepting or giving of any such agency or authority, shall forfeit and pay a penalty not exceeding five hundred pounds, to be recovered in a summary way.Every such conveyance, lease, transfer, gift, and other assurance,Prohibited transactions illegal and void. agreement, contract, promise, agency, and authority shall, except as hereinafter provided, be illegal and void:
Provided that no person shall be convicted of any offence aforesaidProsecutions only with prescribed sanction. except on the information or complaint of some person duly authorised in that behalf by the Governor, either generally or in respect of some particular case.
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| 8. | Nothing in this or the said Act shall affect or applyRights of the Crown not to be prejudiced. to the Crown, or to any person acting for or on behalf of the Crown under the authority of a Minister of the Crown. |
| 9. | Sections eighteen and nineteen of the said Act are herebyRepeal. repealed. |
| 10. |
Section eight of the said Act shall be read as if there wereDebtor secured sufficient land for his maintenance. added thereto the words following: And unless and until a Trust Commissioner shall, upon inquiry in open Court, have ascertained that an area of land or a share in land is owned by the Native debtor sufficient for his maintenance, and shall have given his certificate to that effect describing such land or share in land.
Against the land so described no such registration and seizure as aforesaid shall be had or effected until a Commissioner shall have given a like certificate in relation to other land of the said debtor, and shall have cancelled the first-mentioned certificate. |