purposes of public utility, nor of any Land situate on the sea shore within one hundred acres, unless His Excellency shall deem it proper so to do.

(Land not to be recommended by Commissioners for)

Provided, nevertheless, and be it enacted, that the said Commissioners shall not propose to grant to any claimant whomsoever, any Land which may, in the opinion of the majority of the said Commissioners appointed to investigate the demand of such claimant, be required for the site of any town or village; or for the purposes of defence; or for any other purpose of public utility; nor shall they propose to grant to any individual, any land of similar character which they may be directed to reserve, either by the Governor of New South Wales, or the Lieutenant Governor of New Zealand, but that in every case in which land of such description would otherwise form a portion of the Land which the Commissioners would propose to grant to the claimant, they shall in lieu of such Land, propose to grant to him or her, compensation in other Land of fair average value, at the rate of not less than five, nor more than thirty acres of Land for every acre required to be reserved, either for the site of a village or township; or for the purposes of defence, or for any other purpose, of public utility as aforesaid.

(Meetings of the Commissioners.)

VII. And be it enacted, that the meetings of the said Commissioners shall be holden in such manner as the said Governor shall from time to time appoint; and the said Commissioners shall proceed with all due dispatch to investigate and report upon the claims referred to them.

(Power of Commissioners to summon Witnesses.)

VIII. And be it enacted, that it shall and may be lawful for the said Commissioners, upon receiving any such claim as aforesaid, to appoint a day, by notice in the New South Wales Government Gazette, or in any Gazette or Newspaper, published in New Zealand, for inquiring into such claim, and to issue summonses requiring all such persons as shall therein be named to appear before the said Commissioners at the day and time therein appointed, to give evidence as to all matters and things known to any such person respecting such claim, and to produce in evidence all Deeds, Instruments, or Writings in the possession or control of any such persons, which they might by law be required and compelled to give evidence of, or to produce in evidence in any cause respecting the like matters depending in the Supreme Court of New South Wales, in so far as the evidence of such persons, and the production of such Deeds, Instruments, and Writings, shall be necessary for the due investigation of such Claim depending before the said Commissioners; and that all such evidence shall be taken down in writing, in presence of the witnesses respectively giving the same, and shall at the time be signed by them, or, in case of their refusing or being unable to sign, by the Secretary to the said Commissioners; and that all such evidence shall be given on oath, which oath it shall and may be lawful for the said Commissioners to administer to every person appearing before them to give evidence; and that any person taking a false oath in any case wherein an oath is required to be taken by this Act, shall be deemed guilty of wilful and corrupt perjury, and being thereof duly convicted, shall be liable to such pains and penalties as by any Law now in force, any person convicted of wilful and corrupt perjury, is subject and liable to: Provided always, that in all cases in which it may be necessary to take the evidence of any Aboriginal Native, it shall not be competent to the said Commissioners to receive the statement of such Aboriginal Native, subject to such credit as he may be entitled to, or corroborating or other circumstances appearing to give evidence.

IX. And be it enacted, that whenever any person who, being duly summoned to testify before the said Commissioners as aforesaid, his or her reasonable expenses having been paid or tendered, and not having any lawful impediment, allowed by the said Commissioners, shall fail to appear at the time and place specified in such summons, or after appearing, shall refuse to be sworn, or to answer any lawful question, or to produce any Deed, Instrument, or writing, which he or she may lawfully be required to produce, or without leave obtained from the said Commissioners, shall wilfully withdraw from further examination without satisfactory excuse being given to the said Commissioners for such default, or appearing, shall refuse or decline to be examined or give evidence according to Law, touching the matter in question, it shall and may be lawful for the said Commissioners, and they are hereby authorised and empowered to issue their warrant for the apprehension of such person, in order that he may be brought before them to give evidence touching such matter as shall be in question, for which he shall have been summoned as aforesaid; and it shall further be lawful for the said Commissioners, if such person shall not show sufficient cause to the satisfaction of such Commissioners for such default, to commit such person to prison, there to remain without bail or mainprize for any time not exceeding twenty-one days, or in lieu of such imprisonment, to pay such fine not exceeding one hundred pounds, as the said Commissioners shall impose, which fine shall go towards the expenses incurred in carrying the provisions of this Act into effect.

(Salaries to be paid to the Commissioners and Secretary.)

X. And be it enacted, that the said Commissioners and their Secretary, shall and may receive for their own use, such salaries as the Governor of New South Wales for the time being shall direct and appoint; which salaries respectively, it shall and may be lawful for the said Governor to order and direct, by Warrant under his Hand, to be paid from and out of the Revenues of New Zealand; and the same shall be the whole of the remuneration of the said Commissioners and Secretary, and every of them respectively, for and in respect of their said Offices.

(Fees to be taken by Secretary to Commissioners.)

XI. And be it enacted, that there shall be paid to the said Commissioners or their Secretary by every person making a Claim to a Grant of Land which shall be referred by the Governor to the said Commissioners for Examination as herein before is provided, the several fees specified in the Schedule to this Act annexed, marked C; and the said Commissioners or their Secretary shall duly account for all Fees so paid to them or him as aforesaid, and shall pay the same into the hands of the Colonial Treasurer of New South Wales, or the Treasurer of New Zealand, on the last day of every month, or as soon thereafter as practicable, to be appropriated to the public uses of the said Colony, and in support of the Government thereof.

(Saving the Right and Prerogative of Her Majesty.)

XII. Provided always and be it declared, that nothing in this Act contained, shall be deemed in any way to affect any right or prerogative of Her Majesty, Her Heirs or Successors.

GEORGE GIPPS, GOVERNOR.

Passed the Legislative Council the fourth day of August, One thousand eight hundred and forty.

WILLIAM MACPHERSON, Clerk of Councils.

SCHEDULES REFERRED TO.

COMMISSIONER'S OATH.

I, do solemnly swear, that I will faithfully, diligently, and impartially, to the best of my ability, execute the duties of a Commissioner, appointed under and by virtue of a certain Act of the Governor of New South Wales, with the advice of the Legislative Council of the said Colony, made and passed in the fourth year of the Reign of Her Majesty Queen Victoria, intituled, "An Act to empower the Governor of New South Wales to appoint Commissioners, with certain powers, to examine and report on Claims to Grants of Land in New Zealand," and that I will not myself directly or indirectly take or receive, or knowingly permit any other person to take or receive any fee or reward for any thing done or performed under and by virtue of any of the Provisions of the said Act, other than and except such as is authorised by the said Act. So help me God. A. B. Sworn before me this day of ____ 184. Judge of the Supreme Court of New South Wales.

SECRETARY'S OATH.

I, do solemnly swear, that I will faithfully, diligently, and impartially, to the best of my ability, execute the duties of Secretary to the Commissioners appointed under and by virtue of a certain Act of the Governor of New South Wales, with the advice of the Legislative Council of the said Colony, made and passed in the Fourth year of the Reign of Her Majesty Queen Victoria, intituled, "An Act to empower the Governor of New South Wales to appoint Commissioners, with certain Powers, to examine and report on Claims to Grants of Land in New Zealand," and that I will not myself, directly or indirectly take or receive, or knowingly permit any other person to take or receive any fee or reward for any thing done or performed under and by virtue of any of the Provisions of the said Act; and that I will duly account for and pay unto the Colonial Treasurer of New South Wales, or the Treasurer of New Zealand, on the last day of every month, or as soon thereafter as may be practicable, all Fees previously received by me, as in the said Act directed. So help me God. C. D. Sworn before me this day of ____ 184. Judge of the Supreme Court of New South Wales.

FEES TO BE RECEIVED BY THE SECRETARY.

For filing any Memorial with the Colonial Secretary, or opposition thereto: £0 5 0

For every summons for witnesses, each Summons containing two Names, by the Party requiring the same: £0 5 0

For every Witness examined, or Document or Voucher produced in Evidence by the Party on whose behalf examined or produced: £0 5 0

For taking down the examination of any Witness: £0 5 0