mittee of Land Claimants Bill he should move the amendments, as annexed—

Where the Commissioner shall have adjudicated upon any adverse claim, or upon any disputed boundary, or upon any claims arising out of any contract for compensation with the late New Zealand Company, the party grieved by such adjudication may appeal to a Judge of the Supreme Court, who shall decide upon such claims summarily, and who shall have power to amend, revise or confirm such Commissioner’s report, or make such other order or report as to such Judge shall seem meet according to the equity and justice of the case, and according to the true intent and meaning of this Ordinance.

It shall also be lawful for any Commissioner, in case he shall have any doubt respecting any disputed claim or disputed boundary or otherwise, at the request of either party, and at such Commissioner’s discretion, to submit a case for the opinion of a Judge of the Supreme Court, either generally upon the whole case, or confined to such point respecting which such doubt shall have arisen, whereupon such Judge shall certify to such Commissioner his opinion according to the true intent and meaning of this Ordinance.

It shall also be lawful for any Commissioner in all cases, whether upon claims disputed or not, and without the request of the claimants or of either party, to submit a like case to a Judge of the Supreme Court for such Commissioner’s own guidance, and such Judge shall thereupon certify in the manner hereinbefore provided.

In all cases submitted to a Judge of the Supreme Court as well as in all cases of appeal to such Judge, it shall be lawful to such Judge to hear and decide the case without argument by Counsel and without any further evidence than that which shall have been submitted to such Commissioner, but if the parties shall desire to be heard by Counsel, at his discretion, it shall be lawful for such Judge, at his discretion, to direct that Counsel be heard, provided that no costs be allowed as between party and party, saving the right of the client to have the Attorney’s bill taxed as by law allowed, and provided also that if such judge shall be of opinion that the equity and justice of the case require other and better evidence than was given before the Commission, it shall be lawful for such Judge to require and permit such evidence to be produced.

In any case where land has been mortgaged to two or more mortgagees, it shall be lawful for such Judge at his discretion to direct an ejectment to be tried.

No fees whatever shall be charged in any case of appeal or reference to any such Judge.

Provided always that nothing herein contained shall be deemed in any way to affect any right or prerogative of the Crown, whether exercised by her Majesty or his Excellency the Governor under and by virtue of his commission or the Charter of the colony.

His Excellency the Lieutenant Governor gave notice that he should move that clause 15, No. 2, of this Bill, when considered in Committee, be struck out.

Mr. Hickson gave notice that when Council go into Committee on this Bill he should move the amendment as annexed for clause 14.

In case the said Company shall have contracted with any purchaser for the disposal of a particular section of land in respect of any land order or contract, and it shall not be in the power of the Government to give possession of such land to the person entitled to the same, it shall be lawful for such person within six months from the time of the passing this Ordinance to select an equal quantity of land in lieu thereof, or in respect of such scrip as aforesaid. Provided always that all land so to be selected as aforesaid, shall be selected within the boundaries of the respective district to which such land order, contract, or scrip may refer.

Col. M’Cleverty gave notice that on Tuesday next he should move the third reading of Land Fund Appropriation Ordinance.

The Attorney General of New Munster gave notice that on Friday next he should move the third reading of Debtors Writ of Arrest Ordinance.

His Excellency then adjourned the Council at 20 minutes to 5 o’clock, to Friday the 20th day of June, at 2 o’clock.

FRIDAY, JUNE 20.

Present—

His Excellency the Governor-in-Chief.

His Excellency the Lieutenant Governor, and the Members as on yesterday.

The Council met pursuant to adjournment.

The Rev. the Colonial Chaplain read prayers.

The minutes of the last meeting read and confirmed.

Captain Smith moved the order of the day for further consideration in Committee of Land Claimants Bill.

The amendments, of which notice had been given, read and considered.

Debate ensued.

Further consideration of this Bill in Committee postponed and Council resumed.

On the motion of the Attorney General of New Munster, seconded by the Attorney General of New Zealand, Debtors Writ of Arrest Bill read a third time and passed.

On the motion of the Colonial Secretary of New Munster the proposed amendments for clauses of Land Claimants Bill ordered to be printed.

The following notices of amendments were given to be moved on the further consideration in Committee of Land Claimants Bill.

Mr. Hickson to move the following amendment for clause 14—

In case the said Company shall have contracted with any purchaser for the disposal of a particular section of land in respect of any land order or contract, and it shall not be in the power of the Government to give possession of such land to the person entitled to the same, it shall be lawful for such person within six months from the time of the passing of this Ordinance to select an equal quantity of land in lieu thereof, or in respect of such scrip as aforesaid. Provided always, that all land so to be selected as aforesaid, shall be selected within the boundaries of the respective district to which such land order, contract, or scrip may refer.

Mr. Dillon Bell gave notice of the following amendment for 15th clause, as also to move that in the 14th clause, after the words