✨ Continuation of Legislation




Claimants to have sur-
vey made and maps
produced.

Grants declared void
to be cancelled.

Valid Grants to be
returned endorsed.

Commissioners shall
cause maps to be de-
lineated on Grants.

New Granta to be is-
sued in lieu of those
cancelled.

260
is in such Grant such uncertainty of description as would render the
same void or voidable in law; then after hearing the case, if the
Commissioners, after giving effect to the provisions of the said recited
Ordinance, Session 10, No 4, shall be of opinion that the same is
void or voidable in law, they may adjudge and determine such Grant
to be null and void; and such adjudication shall have the same force
and effect in annulling and making void the same, as if the same were
repealed by process of scire facias.

  1. If, upon the production of such Grant it shall appear that
    the same is not void or voidable in law, but that no accurate map of
    the lands granted is delineated or endorsed thereon, the Commis-
    sioners may make an order requiring the person or persons producing
    such grant, to deliver to the Commissioners, at some specified place
    and time, such an accurate map as aforesaid, certified by some com-
    petent Surveyor, to be approved of by the Commissioners, and in de-
    fault thereof the Commissioners may adjudge and determine such
    Grant to be null and void, and such adjudication shall have such
    force and effect as aforesaid.

  2. Every Grant so adjudged to be null and void shall be forth-
    with delivered up and cancelled.

  3. If, after such hearing, the Grant shall appear to the Com-
    missioners sufficient and valid in law, the same shall forthwith be
    delivered to the person or persons by whom the same shall have
    been produced; but the Commissioners in every such case shall
    endorse upon the Grant a certificate of the validity of such Grants,
    and every Grant so endorsed shall be deemed to be valid to all in-
    tents and purposes whatsoever.

  4. In the case of Grants without accurate maps, and as to
    which such maps shall be furnished as aforesaid, the Commissioners
    shall cause copies of such maps, properly certified by the Com-
    missioners, to be delineated or endorsed on the Grants; And such
    Grants shall thereupon be delivered to the person or persons pro-
    ducing the same, on payment of fees.

  5. When, in pursuance of the provisions of this Act, any such
    Grant shall be adjudged by the Commissioners to be null and void,
    and the same shall, in pursuance of such adjudication, be delivered
    up and cancelled, it shall be lawful for the Commissioners, at the
    time of such adjudication, or at some subsequent day to be fixed by
    the Commissioners, and upon application of any person or persons
    who may appear to the Commissioners interested therein, to direct
    that there shall be issued in favour of the person or persons who may
    appear to the Commissioners best entitled thereto, a new Grant, or
    several new Grants, under the Public Seal of the Colony, of such
    lands as the Commissioners shall, agreeably to the provisions herein
    contained, direct; and the Commissioners shall proceed according to
    the following Rules,-

A. Where a definite quantity of land shall have been specified in the cancelled
Grant, if the boundaries described shall be of sufficient extent, the Commissioners



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1856, No 32





✨ LLM interpretation of page content

πŸ›οΈ Continuation of Act regarding settlement of Aboriginal claims and voidable grants (continued from previous page)

πŸ›οΈ Governance & Central Administration
16 August 1856
Legislation, Land Grants, Commissioners, Voidable Grants, Survey, New Grants, Cancellation