255

Ordinance," Session VII., No. 16, so far as the same relates to the
trial of causes in which one or both of the parties shall be of the
Native race.

18. In all cases not herein specially provided for, the Governor, Governor may make
    with the approval of any Judge of the Supreme Court, may from
    time to time frame and establish Rules and Orders for all proceed-
    ings under this Act, and may from time to time alter the same, and
    such Rules and Orders, and all alterations thereof, shall be published
    in the Government Gazette, and when so published shall have the
    force of law.
    Rules.

19 The term "Governor" shall mean the person for the time Interpretation of word
being lawfully administering the Government of New Zealand.
"Governor."

20. This Act may be cited for all purposes as "The Resident Short title.
    Magistrates' Courts Extension of Jurisdiction Act, 1856."

LAND CLAIMS SETTLEMENT ACT,
1856.

IN THE TWENTIETH YEAR OF THE REIGN OF HER MAJESTY QUEEN
VICTORIA.

SESSION 4, No 32.

ANALYSIS.

Title.
Preamble.
Recital of Ordinances of Legislative Council.

1. Repeal of so much of recited Ordinances as
   is repugnant to this Act.

I. ESTABLISHMENT AND CONSTITUTION OF COURT OF
COMMISSIONERS.
2. Governor to appoint Commissioners.
3. Every Commissioner to have full power
of Commissioners.
4. Commissioners to take oath faithfully to per-
form duties.
5. Governor may appoint assistant Commis-
sioners.
6. Commissioners' Courts to be Courts of
Record and open to the public.
7. Commissioners shall establish rules of pro-
cedure.
8. Governor to fix salaries of Commissioners
and Assistant Commissioners.

II. POWERS OF COMMISSIONERS, SUBJECTS OF
ENQUIRY, AND MODE OF INVESTIGATION.
9. Commissioners to hear and determine Old
Land Claims, and examine and dispose
of grants under same and Pre-emptive
Claims.
10. May direct Assistant Commissioners to
examine into and report as to any grant
or claim.
11. Reports to be delivered to and guide Com-
missioners.
12. Objections to be heard on payment of fees.
13. Appeal in cases of parties aggrieved.
14. Questions of law may be submitted by Com-
missioners for the opinion of one of the
Judges of the Supreme Court.

III. CLAIMS NOT TO BE HEARD.
15. Classes of claims which shall not be heard
by the Commissioners.

1. No new claims to be heard.
2. Nor claims in right of which grants
   have been issued.
3. Nor Claims under the Proclamation
   of 10th October, 1844, already
   disallowed.
4. Nor where claim lapsed through
   default of claimant.
5. Claims to be preferred.

IV. PROCEEDINGS WITH RESPECT TO VOIDABLE
GRANTS.
16. Attorney General to call in voidable grants.
17. Commissioners to examine grant.
18. Grants not produced or found void to be
declared so. Commissioner's decision to
have same effect as repeal by scire facias.
19. Claimants to have survey made and maps
produced.
20. Grants declared void to be cancelled.
21. Valid grants to be returned endorsed.
22. Commissioners shall cause maps to be
delineated on Grants.
23. New grants to be issued in lieu of those
cancelled.
24. To be subject to the same equities as can-
celled grants.

V. PROCEEDINGS WITH RESPECT TO CLAIMS FOR
WHICH NO GRANTS HAVE BEEN ISSUED.
Old Land Claims—
25. In claims prior to January, 1840, Com-
missioners to ascertain amount of aeres to
be granted.