Native Land Court Certificate Confirmation Act 1894
Native Land Court Certificate Confirmation Act 1894
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Native Land Court Certificate Confirmation Act 1894
Native Land Court Certificate Confirmation Act 1894
Public Act |
1894 No 44 |
|
Date of assent |
24 October 1894 |
|
Contents
An Act to give Effect to a certain Certificate of the Native Land Court given under “The Native Land (Validation of Titles) Act, 1892.”
Preamble.
WHEREAS the Native Land Court has held inquiries, pursuant to “The Native Land (Validation of Titles) Act, 1892”
(hereinafter called “the said Act”
), in respect of the sale or alleged sale to an European purchaser by persons of the Native race of the block of land specified in the Schedule hereto, or of undivided interests therein, and has given a certificate in respect of the same respectively under the provisions of the said Act: And whereas it is provided by section seventeen of the said Act that every certificate given by the Court shall remain in the office of the Court, and shall not be delivered to any person for any purpose whatever, or be capable of registration under any Act, until such certificate has been confirmed by Act of Parliament: And whereas it is just that the certificate so given shall be made effectual: And whereas the instrument produced to the Court in evidence of the said transaction is also particularly specified in the Schedule hereto:
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 is “The Native Land Court Certificate Confirmation Act, 1894.”
2 Construction of Act.
This Act shall be read together with “The Native Land Court Act, 1886,”
and the several Acts amending the same, and with the said Act.
3 Certificate, in Schedule confirmed.
The certificate given by the Court under the said Act in respect of the alienation effected, or purported to be effected, by the instrument specified in the Schedule hereto is hereby confirmed.
4 Consequent orders of Court thereon.
The Court shall cause effect to be given to the certificate hereby confirmed by issuing an order under the seal of the Court, declaring that the person named in such order is entitled to the estate defined in such order in the said block, or in specific part or parts thereof. The Court shall, for the purpose of enabling it to make such order, continue to have the powers conferred on it by sections seven, eight, and thirteen of the said Act, notwithstanding that the said certificate has already been given, and may adopt, vary, or amend any partition heretofore made, notwithstanding that such partition may have been originally made without jurisdiction.
The Court may, in issuing such order, give effect to contracts for alienation as if such contracts had been expressed in deeds duly executed.
5 Intermediate dealings with land in certificate.
Where the first alienee from a Native in the said block has subsequently transferred, or purported to transfer, his estate or interest to another person, the Court may issue an order, either in favour of the first alienee or of such other person, but any order issued in favour of such first alienee shall contain a reference to the alleged rights of such other person.
6 Orders of Court to be final and conclusive.
Every order issued by the Court under this Act shall be a final and conclusive determination that, notwithstanding anything contained in any Act relating to Native lands, the land described therein has become vested in the person named in such order for the estate defined therein, subject only to such estates or interests as may have been created by the person named in such order; and, upon production to him of any such order, it shall be the duty of a District Land Registrar in whose district the lands described in such order are situate to issue a certificate of title to the person named in such order, but no claim on the Assurance Fund shall arise or be deemed to have arisen by reason of making any certificate of title in pursuance of such order:
Provided that until there has been a. partition made no such certificate of title shall be issued for any undivided interest.
Schedule Certificate validated
| No. of Application, and Nature of Instrument evidencing Transaction in respect of which Validation is required. | Amount of Purchase-money. | Name of Applicant. | Whether Certificate granted or refused. | By what Judge. | ||
|---|---|---|---|---|---|---|
| Section 37, Block I., and Section 6, Block II., Hawera Survey District. | ||||||
| £ | s. | d. | ||||
| 55. Conveyance dated 14th February, 1876, Heke Pukeke to Felix McGuire | 900 | 0 | 0 | Joseph Wilson, of Normanby, Settler | Granted | Robert Ward. |
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Versions
Native Land Court Certificate Confirmation Act 1894
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