East Coast District Land Titles Validation Act 1871
East Coast District Land Titles Validation Act 1871
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East Coast District Land Titles Validation Act 1871
East Coast District Land Titles Validation Act 1871
Public Act |
1871 No 70 |
|
Date of assent |
14 November 1871 |
|
Contents
An Act to authorize the Antevesting of the Legal Estate under certain Grants of Land in the East Coast District.
Preamble.
WHEREAS conveyances and other instruments have been made respecting lands in the tract of country or district in the Schedule to this Act particularly described that have been granted to Aboriginal Natives under “The Native Lands Act 1865”
and the other Acts amending the same which conveyances and instruments bear date before the days of the issue of the grants of such lands respectively and it is expedient and just that the titles acquired under such conveyances and instruments should be made as valid and effectual as they would be if the respective grants had been issued before such conveyances and instruments had been made:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows:—
1 Short Title.
The Short Title of this Act shall be “The East Coast District Land Titles Validation Act 1871”
and it shall be applicable and take effect only within the tract of country or district particularly described in the Schedule hereto.
2 Parties to deeds may give notice to Native Land Court that they desire legal estate to vest from date of award.
Any party to a deed effectuating a transaction affecting land within the said district which has been granted to Aboriginal Natives under “The Native Lands Act 1865”
or any Act amending the same his assigns or legal representatives may give notice in writing to the Native Land Court or to any Judge thereof that he or they desire that the legal estate in such land may be made to vest from the date of the award of the said Court.
3 Notice of application to be given.
The Court shall thereupon give notice of such application in manner provided by its rules in cases of application for investigation of title and also by publication in the New Zealand Gazette and in one or more newspapers circulating in the said Province and that on a day and a place to be stated in such notice the said application will be heard and determined.
4 Procedure on hearing. Proviso.
At such hearing any person may appear in opposition to such application and may call evidence in support of his case and the Court may dismiss the application or it may order that the legal estate in the land shall vest on a day to be fixed by the Court and it shall be lawful for the presiding Judge to indorse on the grant an order to that effect Provided that whenever the Court shall have decided upon any application made under the provisions herein contained such decision shall be final and conclusive upon the persons making application or giving such notice as aforesaid and no person shall have any claim for compensation or damages either at law or in equity against Her Majesty the Queen or against the Government of the Colony in consequence of such decision or the effect the same may have upon the title or estate of the person making such application or giving such notice as aforesaid.
5 Indorsement may be made on grant.
Such indorsement signed by the presiding Judge and sealed with the seal of the Court shall effectually vest the legal estate in the land described therein in the grantee his heirs and successors on the day stated in such indorsement and may be registered in the Deeds Registry Office.
6 Validation of titles in certain cases.
All deeds executed after the date so fixed and inserted in the indorsement as aforesaid but before the date of the Crown grant by which the land therein described shall have been subsequently granted shall for the purpose of completing the title of parties to such deed but for no other purpose be deemed to have the same force and effect as though the Crown grant in which such land is comprised had been executed and issued on the day so fixed and inserted.
7 Costs.
Besides the usual power of ordering costs which the Native Land Court has under any Act for the time being in force it shall order the applicant to pay all fees of Court and costs of advertisements and other special costs if any.
Schedule
The whole of the Province of Hawke’s Bay and that portion of territory within the Province of Auckland bounded on the South by the boundary line separating the Provinces of Auckland and Hawke’s Bay on the West-north-west by a straight line from the point of intersection of the said boundary line and the overland mail track from Napier to Auckland across Lake Waikari to Lottin Point between Cape Runaway and East Cape on the North and East by the sea from Lottin Point to the said boundary line at Boat Harbour.
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Versions
East Coast District Land Titles Validation Act 1871
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